AB 3074 — Fire prevention: wildfire risk: defensible space: ember-resistant zones.

Summary

Existing law requires the Director of Forestry and Fire Protection to identify areas in the state as very high fire hazard severity zones based on specified criteria and the severity of the fire hazard. Existing law requires a person who owns, leases, controls, operates, or maintains an occupied dwelling or structure in, upon, or adjoining a mountainous area, forest-covered land, brush-covered land, grass-covered land, or land that is covered with flammable material that is within a very high fire hazard severity zone, as designated by a local agency, or a building or structure in, upon, or adjoining those areas or lands within a state responsibility area, to maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as specified. A violation of these requirements is a crime. This bill would require a person described above to use more intense fuel reductions between 5 and 30 feet around the structure, and to create an ember-resistant zone within 5 feet of the structure, based on regulations promulgated by the State Board of Forestry and Fire Protection, as provided. Because a violation of these provisions would be a crime or expand the scope of an existing crime, the bill would impose a state-mandated local program. This bill would require each local agency having jurisdiction of property upon which conditions that are regulated by the defensible space provisions described above apply and, contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose, the Department of Forestry and Fire Protection to make reasonable efforts to provide notice to affected residents of the above requirements before imposing penalties for a violation of those requirements. By expanding the duty of a local agency, the bill would impose a state-mandated local program. This bill would prohibit the requirement for an ember-resistant zone from taking effect for new structures until the state board updates the regulations, as specified, and the guidance document described below, as specified. The bill would prohibit the department from changing defensible space inspection practices and forms or enforcement to implement the requirement for an ember-resistant zone until the director makes a written finding that the Legislature has appropriated sufficient resources to do so. Existing law requires the department to develop, periodically update, and post on its internet website a guidance document on fuels management, as provided. This bill would instead require the state board, in consultation with the department, to develop, periodically update, and post on its internet website the guidance document. The bill would require, on or before January 1, 2023, the state board, in consultation with the department, to update the guidance document to include suggestions for creating an ember-resistant zone within 5 feet of a structure, as provided. The bill would make the requirement that the state board update the guidance document and promulgate certain regulations contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for these purposes. This bill would also make conforming changes and nonsubstantive changes. This bill would incorporate additional changes to Sections 51182 and 51189 of the Government Code and Section 4291 of Public Resources Code proposed by SB 1348 to be operative only if this bill and SB 1348 are enacted and this bill is enacted last. 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

• Chaptered 09/29/20 - Chaptered Current pdf September 29, 2020
• Enrolled 09/04/20 - Enrolled pdf September 04, 2020
• Amended 08/25/20 - Amended Senate pdf August 25, 2020
• Amended 08/21/20 - Amended Senate pdf August 21, 2020
• Amended 08/07/20 - Amended Senate pdf August 07, 2020
• Amended 07/02/20 - Amended Senate pdf July 02, 2020
• Amended 05/04/20 - Amended Assembly pdf May 04, 2020
• Introduced 02/21/20 - Introduced pdf February 21, 2020
• AB3074 View text html

Action History

1. September 29, 2020

   Chaptered by Secretary of State - Chapter 259, Statutes of 2020.

2. September 29, 2020

   Approved by the Governor.

3. September 15, 2020

   Enrolled and presented to the Governor at 3 p.m.

4. August 31, 2020

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 0. Page 5432.).

5. August 30, 2020

   In Assembly. Concurrence in Senate amendments pending.

6. August 30, 2020

   Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0.).

7. August 26, 2020

   Read second time. Ordered to third reading.

8. August 25, 2020

   Read third time and amended. Ordered to second reading.

9. August 24, 2020

   Read second time. Ordered to third reading.

10. August 21, 2020

    Read second time and amended. Ordered returned to second reading.

11. August 21, 2020

    From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (August 20).

12. August 17, 2020

    In committee: Referred to APPR. suspense file.

13. August 12, 2020

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (August 12). Re-referred to Com. on APPR.

14. August 07, 2020

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

15. August 05, 2020

    In committee: Hearing postponed by committee.

16. July 02, 2020

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

17. July 01, 2020

    Referred to Com. on N.R. & W.

18. June 11, 2020

    In Senate. Read first time. To Com. on RLS. for assignment.

19. June 10, 2020

    Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 4776.)

20. June 04, 2020

    Read second time. Ordered to third reading.

21. June 03, 2020

    From committee: Do pass. (Ayes 14. Noes 0.) (June 3).

22. June 02, 2020

    In committee: Set, first hearing. Referred to APPR. suspense file.

23. May 14, 2020

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (May 13). Re-referred to Com. on APPR.

24. May 05, 2020

    Re-referred to Com. on NAT. RES.

25. May 04, 2020

    From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

26. April 24, 2020

    Referred to Com. on NAT. RES.

27. February 24, 2020

    Read first time.

28. February 22, 2020

    From printer. May be heard in committee March 23.

29. February 21, 2020

    Introduced. To print.

Sponsors

• Friedman · Primary
• Jesse Gabriel · Cosponsor
• Robert Rivas · Cosponsor
• Wood · Cosponsor
• Henry I. Stern · Cosponsor
• Corey A. Jackson · Cosponsor
• Travis Allen · Cosponsor

Votes

Subjects