Bill Text: CA AB2983 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2983

Bill Title: Office of Emergency Services: Hazard Mitigation Grant Program: comprehensive wildfire mitigation program: impact on fire insurance.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-17 - From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 17). Re-referred to Com. on APPR. [AB2983 Detail]

Download: California-2023-AB2983-Amended.html

Amended IN Assembly March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2983

Introduced by Assembly Members Rodriguez and Calderon

February 16, 2024

An act to amend Section 8654.4 of, and to add Sections 8586.1 and 8654.91 to to, the Government Code, relating to fire safety.

LEGISLATIVE COUNSEL'S DIGEST

AB 2983, as amended, Rodriguez. Office of Emergency Services: Hazard Mitigation Grant Program: comprehensive wildfire mitigation program: impact on fire insurance.

Existing law, the California Emergency Services Act, creates, within the office of the Governor, the Office of Emergency Services, which is responsible for the state’s emergency and disaster response services, as specified. Existing federal law establishes a program, known colloquially as the Hazard Mitigation Grant Program, to finance up to 75% of the cost of hazard mitigation measures determined to be cost effective and that substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a major disaster, or any area affected by a fire for which assistance was provided under specified federal law. Existing federal law authorizes states to administer this program, as specified.

This bill would require the Office of Emergency Services, when reviewing funding proposals under the federal Hazard Mitigation Grant Program, to collaborate with the Department of Insurance to assess the extent to which the proposed project would increase the availability of insurance policies covering damage from fire, as specified. The bill would require the office to publish the assessment for each project that receives grant funding on its internet website.

~~The~~

Existing law, the Joint Exercise of Powers ~~Act~~ Act, authorizes 2 or more public agencies, if authorized by their legislative or other governing bodies, to enter into an agreement to jointly exercise any power common to the contracting parties, as provided. That act requires, among other things, that the agreement state the purpose of agreement or power to be exercised and provide for the method by which the purpose will be accomplished or the manner in which the power will be exercised.

Existing law, operative until July 1, 2025, requires the Office of Emergency Services to enter into a joint powers agreement with the Department of Forestry and Fire Protection to develop and administer a comprehensive wildfire mitigation program to, among other things, encourage cost-effective structure hardening and retrofitting to create fire-resistant homes, businesses, and public buildings. That law requires the joint powers authority to develop eligibility criteria for property owners, community organizations, and local governments that may receive financial assistance under the wildfire mitigation program.

This bill would ~~require~~ require, on or before January 1, 2025, the Department of Insurance to be added to the California Wildfire Mitigation Program Board created pursuant to the joint powers agreement. The bill would also require this joint powers authority, when reviewing projects or proposals, to assess the extent to which the project or proposal would increase the availability of insurance policies covering damage from fire, as specified. The bill would require the joint powers authority to publish the assessment for each project or proposal that receives grant funding on its internet website.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 8586.1 is added to the Government Code, immediately following Section 8586, to read:

8586.1.

The office shall, when reviewing funding proposals under the federal Hazard Mitigation Grant Program (42 U.S.C. Sec. 5170c), coordinate with the Department of Insurance to assess the extent to which the proposed project would increase the availability of insurance policies covering damage from fire. The office shall publish the assessment for each project that receives funding on its internet website. The assessment shall include all of the following information:

(a) The extent to which the proposed project could result in a community-level designation, such as a Fire Risk Reduction Community by the State Board of Forestry and Fire Protection or a Firewise USA site in good standing with the National Fire Protection Association.

(b) The extent to which property-level mitigation measures in the proposed project for immediate surroundings and building hardening could satisfy wildfire mitigation factors described in Section 2644.9 of Title 10 of the California Code of Regulations.

(c) The extent to which the proposed project could result in homes being designated as a Wildfire Prepared Home Base or Wildfire Prepared Home Plus by the Insurance Institute for Business and Home Safety.

(d) The extent to which the proposed project would impact commercial insurance policies.

SEC. 2.

Section 8654.4 of the Government Code is amended to read:

8654.4.

(a) The Office of Emergency Services shall enter into a joint powers agreement, in accordance with the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1) and this article, with the Department of Forestry and Fire Protection to develop and administer a comprehensive wildfire mitigation program to do both of the following:

(1) Encourage cost-effective structure hardening and retrofitting that creates fire-resistant homes, businesses, and public buildings.

(2) Facilitate vegetation management, the creation and maintenance of defensible space, and other fuel modification activities that provide neighborhood or communitywide benefits against wildfire.

(b) The Department of Forestry and Fire Protection shall delegate its duties and responsibilities for this program to the Office of the State Fire Marshal.

(c) On or before January 1, 2025, the Department of Insurance shall be added to the California Wildfire Mitigation Program Board created pursuant to the joint powers agreement described in subdivision (a).

SEC. 2.SEC. 3.

Section 8654.91 is added to the Government Code, immediately following Section 8654.9, to read:

8654.91.

The joint powers authority shall, when reviewing projects or proposals, assess the extent to which the project or proposal would increase the availability of insurance policies covering damage from fire. The joint powers authority shall publish the assessment for each project or proposal that receives financial assistance on its internet website. The assessment shall include all of the following information:

(a) The extent to which the project or proposal could result in a community-level designation, such as a Fire Risk Reduction Community by the State Board of Forestry and Fire Protection or a Firewise USA site in good standing with the National Fire Protection Association.

(b) The extent to which property-level mitigation measures in the project or proposal for immediate surroundings and building hardening could satisfy wildfire mitigation factors described in Section 2644.9 of Title 10 of the California Code of Regulations.

(c) The extent to which the project or proposal could result in homes being designated as a Wildfire Prepared Home Base or Wildfire Prepared Home Plus by the Insurance Institute for Business and Home Safety.

(d) The extent to which the project or proposal would impact commercial insurance policies.