SB 12 — Local government: planning and zoning: wildfires.

Summary

(1) The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a housing element and a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic and seismic hazards, flooding, and wildland and urban fires. Existing law requires the housing element to be revised according to a specific schedule. Existing law requires the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every 8 years to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element. Existing law requires that the Office of Planning and Research, among other things, coordinate with appropriate entities, including state, regional, or local agencies, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities, as provided. This bill would require the safety element, upon the next revision of the housing element or the hazard mitigation plan, on or after July 1, 2024, whichever occurs first, to be reviewed and updated as necessary to include a comprehensive retrofit strategy to reduce the risk of property loss and damage during wildfires, as specified, and would require the planning agency to submit the adopted strategy to the Office of Planning and Research for inclusion into the above-described clearinghouse. The bill would also require the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every 8 years, to identify new information relating to retrofit updates applicable to the city or county that was not available during the previous revision of the safety element. By increasing the duties of local officials, this bill would create a state-mandated local program. (2) Existing law requires the general plan to include a land use element that designates the proposed general distribution and general location and extent of the uses of the land for, among other purposes, housing, business, and industry. Existing law additionally requires the general plan to include a housing element and requires each local government to review and revise its housing element, as specified. This bill would require a city or county that contains residential structures in a very high fire risk area, as defined, upon each revision of the housing element on or after July 1, 2024, to amend the land use element of its general plan to contain, among other things, the locations of all very high fire risk areas within the city or county and feasible implementation measures designed to carry out specified goals, objectives, and policies relating to the protection of lives and property from unreasonable risk of wildfire. The bill would require the city or county to complete a review of, and make findings related to, wildfire risk reduction standards, as defined, upon each subsequent revision of the housing element, as provided. The bill would require the State Board of Forestry and Fire Protection to review the findings and make recommendations, as provided. The bill would additionally require the Office of the State Fire Marshal, in consultation with the Office of Planning and Research and the State Board of Forestry and Fire Protection, by January 1, 2023, to adopt wildfire risk reduction standards for residential developments, as defined, in a very high fire risk area that meet certain requirements and reasonable standards for third-party inspection and certifications for a specified enforcement program. The bill would also require the Office of the State Fire Marshal to, by January 1, 2024, update the maps of the very high fire hazard severity zones, as specified. The bill would require the Office of the State Fire Marshal to convene a working group of stakeholders, as specified, to assist in this effort and to consider specified national standards. Existing law requires county or city zoning ordinances to be consistent with the general plan of the county or city, as specified. This bill would require a city or county that contains a very high fire risk area, within 12 months following the amendment of the city or county's land use element, to adopt a very high fire risk overlay zone or otherwise amend its zoning ordinance so that it is consistent with the general plan, as specified. This bill would additionally prohibit the legislative body of a city or county that contains a very high fire risk area, upon the effective date of the revision of the city or county's land use element, from entering into a development agreement for a residential development that is located within a very high fire risk area, approving specified discretionary permits or other discretionary entitlements for projects located within a very high fire risk area, or approving a tentative map or a parcel map for which a tentative map was not required for a subdivision that is located within a very high fire risk area, unless the city or county makes specified findings based on substantial evidence in the record. By increasing the duties of local officials, this bill would impose a state-mandated local program. (3) Existing law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine each region's existing and projected housing need, as provided. Existing law requires each council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county and that furthers specified objectives. This bill would require the regional housing needs allocation plan to additionally further the objective of reducing residential development pressure within very high fire risk areas. (4) Existing law requires the council of governments, or delegate subregion, as applicable, to develop a proposed methodology for distributing the existing and projected regional housing need and, to the extent that sufficient data is available as provided, to include specified factors to develop the methodology that allocates regional housing needs, including, among other factors, the rate of overcrowding. This bill would additionally require the council of governments, or delegate subregion, as applicable, to include within those factors for the seventh and subsequent revisions of the housing element, the amount of land in each member jurisdiction that is within a very high fire risk area by allocating a lower proportion of housing if the council of governments or delegate subregion determines, based on specified factors, that it is likely that the jurisdiction would otherwise need to identify lands within a very high fire risk area as adequate sites in order to meet its housing need allocation. For cities and counties without a council of governments, existing law requires the Department of Housing and Community Development to determine and distribute the existing and projected housing need, unless that responsibility is delegated as provided to cities and counties, based upon available data and in consultation with the cities and counties, taking into consideration, among other things, the availability of suitable sites and public facilities. This bill would also require the department, for the seventh and subsequent revisions of the housing element, to take into consideration the amount of land in each city and each county that is within a very high fire risk area, as defined, by allocating a lower proportion of housing if the department determines, based on specified factors, that it is likely that the jurisdiction would otherwise need to identify lands within a very high fire risk area as adequate sites in order to meet its housing need allocation. By increasing the duties of local officials, this bill would impose a state-mandated local program. (5) Existing law requires the Office of Planning and Research to implement various long-range planning and research policies and goals that are intended to, among other things, encourage the formation and proper functioning of local entities and, in connection with those responsibilities, to adopt guidelines for the preparation and content of the mandatory elements required in city and county general plans. This bill would require the Office of Planning and Research, on or before January 1, 2023, in collaboration with cities and counties, to identify local ordinances, policies, and best practices relating to land use planning in very high fire risk areas, wildfire risk reduction, and wildfire preparedness and publish these resources on the above-described clearinghouse, as specified. (6) Existing law requires, until the 2023–24 fiscal year, the amount of $165,000,000 to be appropriated from the Greenhouse Gas Reduction Fund to the Department of Forestry and Fire Protection for healthy forest and fire prevention programs and projects that improve forest health and reduce greenhouse gas emissions caused by uncontrolled wildfires. This bill would establish the Wildfire Risk Reduction Planning Support Grants Program, administered by the Department of Forestry and Fire Protection, for the purpose of providing small jurisdictions, as defined, containing very high fire hazard risk areas with grants for specified planning activities to enable those jurisdictions to meet the requirements set forth in the bill, as described above. Upon appropriation, the bill would require the department to distribute grant funds under the program via a noncompetitive, over-the-counter process, as provided, to small jurisdictions. The bill would require a recipient small jurisdiction to use the allocation solely for wildfire risk reduction planning activities, as specified. The bill would authorize the department to set aside up to 5% of any amount appropriated for these purposes for program administration. (7) Existing law requires the State Board of Forestry and Fire Protection to adopt regulations implementing minimum fire safety standards that are applicable to lands classified and designated as very high fire hazard severity zones, and requires the regulations to apply to the perimeters and access to all residential, commercial, and industrial building construction within lands classified and designated as very high fire hazard severity zones, as defined, after July 1, 2021. This bill would specify that the above-described regulations apply to the perimeters and access to all residential, commercial, and industrial building construction within lands classified and designated as very high fire hazard severity zones. The bill would also require the regulations to conform as nearly as practicable with specified existing regulations adopted by the State Fire Marshal. (8) Existing law requires a common interest development within a very high fire severity zone to allow an owner to install or repair a roof with at least one type of fire retardant roof covering material that meets specified requirements. This bill would require the one type of fire retardant roof covering material to additionally meet, at a minimum, class B standards, as specified in the International Building Code. (9) Existing law requires the State Fire Marshal to classify lands within state responsibility areas into fire hazard severity zones and to identify areas in the state as very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Existing law also requires each city, county, city and county, and district responsible for fire protection within an identified very high fire hazard severity zone to designate, by ordinance, very high fire hazard severity zones in its jurisdiction. Existing law requires the State Fire Marshal, in consultation with the Director of Forestry and Fire Protection and the Director of Housing and Community Development, to propose fire protection building standards for roofs, exterior walls, structure projections, and structure openings of buildings located in those very high fire hazard severity zones, as specified. This bill would require, on and after January 1, 2023, a water district, city, county, city and county, or water corporation that provides drinking water, wastewater, or recycled water, for water infrastructure projects that meet specified conditions, to use only heat-resilient water conveyance infrastructure components, as defined, in those areas designated as very high fire hazard severity zones. By placing additional duties upon local public entities, the bill would impose a state-mandated local program. (10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

• Amended 06/06/22 - Amended Assembly Current pdf June 06, 2022
• Amended 05/24/22 - Amended Assembly pdf May 24, 2022
• Amended 07/01/21 - Amended Assembly pdf July 01, 2021
• Amended 05/04/21 - Amended Senate pdf May 04, 2021
• Introduced 12/07/20 - Introduced pdf December 07, 2020
• SB12 View text html

Action History

1. June 15, 2022

   June 15 set for first hearing canceled at the request of author.

2. June 06, 2022

   From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.

3. May 24, 2022

   From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.

4. July 12, 2021

   July 12 set for first hearing. Failed passage in committee. (Ayes 4. Noes 2.) Reconsideration granted.

5. July 01, 2021

   From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.

6. June 24, 2021

   From committee: Do pass and re-refer to Com. on H. & C.D. (Ayes 6. Noes 2.) (June 23). Re-referred to Com. on H. & C.D.

7. June 10, 2021

   Referred to Coms. on L. GOV. and H. & C.D.

8. June 02, 2021

   In Assembly. Read first time. Held at Desk.

9. June 01, 2021

   Read third time. Passed. (Ayes 31. Noes 8. Page 1310.) Ordered to the Assembly.

10. May 20, 2021

    Read second time. Ordered to third reading.

11. May 20, 2021

    From committee: Do pass. (Ayes 5. Noes 2. Page 1178.) (May 20).

12. May 18, 2021

    Set for hearing May 20.

13. May 17, 2021

    May 17 hearing: Placed on APPR suspense file.

14. May 07, 2021

    Set for hearing May 17.

15. May 04, 2021

    Read second time and amended. Re-referred to Com. on APPR.

16. May 03, 2021

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2. Page 986.) (April 29).

17. April 06, 2021

    Set for hearing April 29.

18. March 25, 2021

    From committee: Do pass and re-refer to Com. on HOUSING. (Ayes 5. Noes 0. Page 632.) (March 25). Re-referred to Com. on HOUSING.

19. March 11, 2021

    Set for hearing March 25.

20. January 28, 2021

    Referral to Com. on N.R. & W. rescinded because of the limitations placed on committee hearings due to ongoing health and safety risks of the COVID-19 virus.

21. January 28, 2021

    Referred to Coms. on GOV. & F., HOUSING, and N.R. & W.

22. December 08, 2020

    From printer. May be acted upon on or after January 7.

23. December 07, 2020

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Mike McGuire · Primary
• Henry I. Stern · Cosponsor
• Atkins · Cosponsor
• Anna M. Caballero · Cosponsor
• Dodd · Cosponsor

Votes

Subjects