Bill Text: CA AB2705 | 2021-2022 | Regular Session | Amended
Bill Title: Housing: fire safety standards.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-08-11 - In committee: Held under submission. [AB2705 Detail]
Download: California-2021-AB2705-Amended.html
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Amended
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May 23, 2022 |
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April 21, 2022 |
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Amended
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April 07, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2705
| Introduced by Assembly Member Quirk-Silva (Principal coauthor: Senator Ochoa Bogh) |
February 18, 2022 |
An act to add Chapter 13 (commencing with Section 66310) to Division 1 of Title 7 of the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2705, as amended, Quirk-Silva.
Housing: fire safety standards.
Existing law requires the State Fire Marshal to prepare, adopt, and submit building standards and other fire and life safety regulations to the California Building Standards Commission for approval establishing minimum requirements for the storage, handling, and use of hazardous materials. Existing law requires the State Fire Marshal to seek the advice of the Secretary for Environmental Protection in establishing those requirements.
This bill would prohibit the legislative body of a city or county from approving a discretionary entitlement, as defined, that would result in a new residential development project, as defined, being located within a very high fire hazard severity zone, unless the city or county finds that the residential development project will meet specified standards intended to address wildfire risks, as specified, and would
provide that these provisions do not limit or prohibit a legislative body of a city or county from adopting more stringent standards. By imposing new requirements on cities and counties in the review of residential development projects, the bill would impose a state-mandated local program.
Existing law requires the Office of Emergency Services and the Department of Forestry and Fire Protection, through a joint powers agreement pursuant to the Joint Exercise of Powers Act, 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. Existing law requires the State Fire Marshal, in consultation with specified state officials, to identify building retrofits and structure hardening measures that are eligible for financial assistance under the program. Existing law makes the operation of the program contingent
upon an appropriation by the Legislature and repeals the program’s provisions on July 1, 2025.
This bill, upon appropriation by Legislature and consistent with the above-described comprehensive wildfire mitigation program, would additionally require the State Fire Marshal, in consultation with specified state officials, to provide financial assistance to fire harden at least 300,000 existing vulnerable homes within the next 3 years in very high fire hazard severity zones and an additional 300,000 existing vulnerable homes every 3 years thereafter, as specified. The bill would require the State Fire Marshal to report back to the Legislature annually on the pace of fire hardening and what constraints impair the ability to realize the targets established by these provisions.
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 no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 13 (commencing with Section 66310) is added to Division 1 of Title 7 of the Government Code, to read:CHAPTER 13. Housing in Very High Fire Hazard Severity Zones
66310.
The Legislature finds and declares all of the following:(a) As a decades-long housing crisis continues to grip California and disproportionately impact disadvantaged communities, wildfire risks have increased in recent years, threatening public safety, environmental quality, public health, and economic development.
(b) As recognized in the Housing Crisis Act of 2019 (Chapter 654 of the Statutes of 2019), California is experiencing an extreme supply shortage of housing, with housing demand far outstripping supply. It is estimated that California has a current shortfall of over 3,000,000 housing units. California ranked 49th out of the 50
states in housing units per capita. California needs an estimated 180,000 additional homes annually to keep up with population growth. California’s most vulnerable are disproportionately harmed by the housing crisis because it exacerbates the need for more homes.
(c) Moreover, paragraph (7) of subdivision (a) of Section 2 of the Housing Crisis Act of 2019 highlights that wildfire risks are worsening the housing crisis. Wildfires temporarily and permanently displace residents that cannot find homes to buy or rent. New, replacement, and retrofit housing is hindered by lengthy permitting processes and approval times, fees, exactions and costs, and other requirements that further exacerbate availability and cost of residential construction.
(d) As recognized in Executive Order No.
N-05-19, California experienced the most destructive wildfire season in state history in 2018, enduring over 7,600 wildfires that burned 1,846,445 acres in total. The 2018 Camp Fire was both the deadliest fire in California history, claiming the lives of 86 people, as well as the most destructive, destroying 8,804 structures. The Camp Fire was a tragedy that impacted communities will take years to recover from. At that time, 6 of the top 10 most destructive fires in California history have occurred in just the past five years, including the Camp, Tubbs, Woolsey, Carr, Nuns, and Thomas fires. Since 2019, other megafires had continued to ravage the state, including the August Complex fire, the first California fire of record to impact over 1,000,000 acres, and the Dixie, Caldor, SCU Lighting Complex, Creek, LNU Lightning Complex, North, and other fires.
(e) Executive Order No. N-05-19 also recognized that California arrived at our present wildfire emergency condition through the combined factors of fire exclusion, forest management policies that created overgrown vegetation and forests crowded with smaller fire-prone trees, a rapidly changing climate, a historic drought, and a bark beetle epidemic that was fueled by these conditions and which exacerbated fuel loads by killing millions of trees. Further, forest fuel reduction, which encompasses a range of forest management activities, including thinning, prescribed fire, and grazing, have not kept pace with the growing wildfire threats.
(f) Executive Order No. N-05-19 ordered the Department of Forestry and Fire Protection (CAL-FIRE), in coordination with other state agencies, to report on recommendations of the most impactful
administrative, regulatory, and policy changes or waivers needed to prevent and mitigate wildfires.
(g) In response, the CAL-FIRE issued its report on February 22, 2019, identifying key steps needed to manage fuel reductions to protect communities. CAL-FIRE determined that California’s current forest management is inadequate to improve the health of millions of acres of forests and wildlands to reduce wildfire risk. CAL-FIRE estimated that 15,000,000 acres of California forests need some form of thinning or management to help prevent wildfires.
(h) CAL-FIRE found that climate change is acting as a force-multiplier that will increasingly exacerbate wildland fire issues over the coming decades. The state can expect to experience longer fire seasons, increased frequency and
severity of drought, greater acreage burned, and related impacts such as widespread tree mortality and bark beetle infestation. Decades of fire suppression have disrupted natural fire cycles and added to the problem.
(i) CAL-FIRE emphasized the need to expand programs to fire harden existing homes to current standards, building on previous legislation, Assembly Bill 2911 (Chapter 641 of the Statutes of 2018), which requires CAL-FIRE and the Director of Housing and Community Development to develop a list of low-cost retrofits to existing homes that enhance fire resistance to better protect structures and reduce ignitions.
(j) Assembly Bill 38 (Chapter 391 of the Statutes of 2019) also requires the Office of Emergency Services to enter into a joint powers agreement
with CAL-FIRE to develop and administer a comprehensive wildfire mitigation program to provide financial assistance to fire harden existing homes and businesses, while also facilitating vegetation management. The joint powers authority must submit a report to the Legislature by July 1, 2024, regarding the implementation of these fire hardening and vegetation management programs.
(k) Under Assembly Bill 38 and as enumerated in subdivision (c) of Section 8654.2 of the Government Code, the Legislature found that “while California has stringent building standards for new construction and requirements for the maintenance of defensible space in wildfire hazard areas, California must develop statewide options to encourage cost-effective structure hardening to create fire resistant homes, businesses, and public buildings within wildfire hazard areas
and with a focus on vulnerable communities.”
(l) Further, as provided in subdivision (e) of Section 8654.2 of the Government Code Section, “it is further the intent of the Legislature to develop a comprehensive financial assistance program to help property owners, whole communities, and local governments retrofit existing housing, commercial, and public properties in wildfire hazard areas to a cost-effective standard that provides comprehensive risk reduction to protect structures from fires spreading from adjacent structures or vegetation, and to prevent vegetation from spreading fires to adjacent structures.”
(m) New housing built within the wildland-Urban interface must comply with fire-resistant building standards and fuel modification requirements. The Wildfire Urban
Interface building code standards are found in Chapter 7A of Part 2 of Title 24 of the California Code of Regulations (Chapter 7A), and are updated every 18 months by the State Fire Marshal. Chapter 7A, among other standards, protects new homes by requiring measures, including, but not limited to:
(1) Fire-protective “Class A” roof coverings.
(2) One-hour fire resistance for exterior walls and doors.
(3) Multipaned windows with one pane being tempered glass.
(4) Vents designed to prevent ember intrusion.
(5) Decks include a minimum of a six-inch metal flashing installed at all deck-to-wall
intersections.
(6) Eaves protected on the exposed side with ignition-resistant material.
(n) It is equally important that the state establish construction and operational standards for the development of new housing opportunities in very high fire hazard severity zones to continue to provide for development of critically needed housing for residents of California. New residential communities built to modern Chapter 7A standards and designed with communitywide wildfire mitigation strategies, including setbacks, fuel modification zones, multiple access routes, adequate water supplies, greenbelts, undergrounding utilities, and other measures, have withstood severe wildfire events with limited or no structural loss, such as the master
planned communities threatened by the Silverado Fire, Simi Fire, Freeway Complex Fire, and Witch Creek Fire.
(o) California residents are finding homeowners’ insurance in very high risk fire areas to be more difficult and costly to obtain, even if coverage is available. The California Department of Insurance has determined that the majority of nonrenewals, refusals to insure, and increased premiums resulted from insurers’ increased use of wildfire-risk models that do not account for wildfire risk-reduction mitigation completed by the homeowner or community.
(p) Given the compounding harms caused by the housing availability crisis and the wildfire crisis, it is imperative that California promote new residential development that is fire resistant and climate
resilient. Such development reduces wildfire risks by establishing viable wildfire reduction requirements for new residential development and incentivizing cost-effective fire hardening retrofits to existing residences.
(q) Fire hardening of existing residential units within very high fire hazard severity zones is critical to addressing compounding harms caused by the dual housing and wildfire crises. Over 1,000,000 homes exist in high fire risk areas that were constructed before the adoption of current wildland-urban interface standards established in Chapter 49 of the California Fire Code. Research shows that homes that have not been fire hardened are far more likely to be lost in fires. This inventory of existing homes that have not been fire hardened presents substantial challenges to firefighters and California’s ability to reduce home
loss. Accordingly, existing efforts to analyze, develop, and expand fire hardening programs, including those created by Assembly Bill 38 (2019) and Assembly Bill 2911 (2017), need to be accelerated and strengthened.
(r) The fire hardening program established by this chapter is anticipated to require at least one billion dollars ($1,000,000,000) per year. This funding would not only protect lives, avoid displacement of residents, and protect homes, businesses, and the environment during wildfire events, but it would also proactively reduce the enormous costs associated with megawildfires, including the tens of billions of dollars in air pollution impacts that can result from a single megawildfire event. Therefore, the Legislature finds and declares that it is a high priority to allocate such funding in the upcoming fiscal budget.
(s) This chapter establishes standards and measures to ensure that a new residential development project in a very high risk fire area is planned, designed, constructed, and maintained in a manner that mitigates the risk of wildfire encroaching onto the residential
development project and reduces the risk of the residential development project contributing to new wildfires in the surrounding area or impairing evacuation plans.
66311.
For purposes of this chapter:(a) (1) “Discretionary entitlement” means one or more of the following discretionary approvals for a new residential development project for which a new application or preliminary application is submitted after January 1, 2023, for any of the following:
(A) A general plan amendment.
(B) A zoning ordinance amendment.
(C) A development agreement.
(D) A subdivision tract or parcel map, other than
a final map.
(E) A conditional use permit.
(2) “Discretionary entitlement” does not include any modification or amendment to any previously approved development agreement, subdivision tract map, parcel map or final map, conditional use permit, or other discretionary approval for a residential development project.
(b) “Local fire authority” means the organization, office, or individual responsible for enforcing the applicable requirements of this chapter, or for approving equipment, materials, installations, or procedures. “Local fire authority” includes the local government and local fire authority in their respective roles of development approval process and regulatory enforcement.
(c) “Residential development project” means a development project to construct new residential units, including student and faculty housing, or a mixed-use development project with over 75 percent new residential uses by square footage.
(d) “Very high fire hazard severity zone” means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated by a local agency pursuant to subdivisions (a) and (b) of Section 51179 of this code.
(e) “Wildfire buffer areas” means setbacks or fuel modification zones that provide a buffer between a residential development and slopes or high-risk
fuel sources. Wildfire buffer areas may be satisfied by, but are not limited to, natural or manmade setbacks, maintained fuel modification zones, roads, defensible space, natural or landscaped areas with fire-resistant vegetation, fuel breaks, or nonflammable natural or manmade amenities or features.
(f) “Wildfire risk reduction program” means a program designed by a professional with experience in firefighting and wildfire risk reduction strategies for the purpose of avoiding, reducing, or mitigating fire- and wildfire-related risks to a residential development project based on the criteria provided in paragraph (6) of subdivision (c) of Section 66313.
66312.
Upon appropriation from the Legislature, and in accordance with Article 16.5 (commencing with Section 8654.2) of Chapter 7 of Division 1 of Title 2, the State Fire Marshal, in consultation with the Director of Forestry and Fire Protection and the Director of Housing and Community Development, shall do all of the following:(a) Provide financial assistance to fire harden at least 300,000 existing vulnerable homes within the next three years in very high fire hazard severity zones, with an emphasis on disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code and low-income
communities as defined by Section 39713 of the Health and Safety Code, in the form of grants and low interest loans under the wildfire mitigation program.
(b) Continue to offer financial assistance to fire harden an additional 300,000 existing vulnerable homes in very high fire hazard severity zones every three years thereafter, with a target of hardening 1,000,000 existing vulnerable homes within the first 10 years.
(c) Report back to the Legislature annually, in accordance with Section 9795, on the pace of fire hardening and what constraints impair the ability to realize the targets established by this subdivision.
66313.
The legislative body of a city or county shall not approve a discretionary entitlement that would result in a new residential development project located within a very high fire hazard severity zone, unless the city or county finds that the residential development project will meet all of the following standards to reduce wildfire risk, as applicable:(a) For a residential development project of any size the following standards adopted by the State Board of Forestry and Fire Protection, the State Fire Marshal, and the California Building Standards Commission intended to address wildfire risks or the successor provisions, unless such standards provide exceptions or alternative means of
compliance applicable to the residential development project:
(1) Chapter 7A of the California Building Code.
(2) Chapter 49 of the California Fire Code.
(3) Section R337 of the California Residential Code.
(4) Chapter 12-7A of the California Referenced Standards Code.
(5) Subchapter 2 (commencing with Section 1270) of Chapter 7 of Division 1.5 of Title 14 of the California Code of Regulations.
(6) Article 3 (commencing with Section 1299.01) of Subchapter 3 of Chapter 7 of Division 1.5 of Title 14 of the California Code of Regulations.
(b) For a residential development project of 10 or more residential dwelling units:
(1) All of the standards set forth in subdivision (a).
(2) A plan reviewed by the local fire authority that implements, at a minimum, the following wildfire risk reduction strategies:
(A) Fire hardening of onsite structures in accordance with the fire safety standards described in subdivision (a) and any site-specific measures needed to address unique fire risks as determined by the local fire authority.
(B) Access for fire safety personal and evacuation routes for residents as determined by the local fire authority.
(C) Wildfire buffer areas of at least 30 feet or to the property line from steep slopes and high-risk fuel sources, following completion of any development grading, as determined by the local fire authority.
(D) Long-term funding and maintenance of the wildfire buffer areas through a homeowners’ association or other similar organization.
(c) For a residential development project of 100 units or more:
(1) All of the standards set forth in subdivisions (a) and (b).
(2) Undergrounding of new distribution electric power lines of 66 kilovolts or less within the boundaries of the residential development
project.
(3) Adequate access for firefighting equipment, taking into consideration width, turning radius, and turnaround, that meets or exceeds the requirements set forth in the California Fire Code.
(4) A demonstrated water supply to support fire suppression that meets or exceeds the requirements set forth in the California Fire Code.
(5) An evacuation plan, approved by the local fire authority, that determines that the residential development project would not significantly impair evacuation times during a wildfire event, taking into account planned improvements or measures that are conditions of approval for the residential development. The evacuation plan shall identify adequate ingress and egress for the residential development
during a wildfire emergency event, including primary and secondary access points, alternative emergency access lanes or areas that can be used by emergency personnel, and other ingress and egress options that allow safe evacuation and emergency personnel access during a wildfire event. The plan may incorporate, if approved by the local fire authority, a sheltering plan for extreme conditions where evacuation is not practical.
(6) A wildfire risk reduction program, approved by the local fire authority, setting forth site-specific safety measures to ensure that the residential development project, as a whole, is planned and constructed to resist the encroachment of wildfire and to mitigate wildfire risks to surrounding areas. This program shall be deemed to satisfy the requirement for a fire protection plan described in subdivision (b). A
communitywide wildfire risk reduction program shall include at least all of the following:
(A) Fire hardening of onsite structures in accordance with the fire safety standards described in subdivision (a) and any site-specific standards needed to address unique fire risks as determined by the local fire authority.
(B) Wildfire buffer areas from the perimeter of the residential development project to slopes and potential fuel sources, as determined following completion of any development grading, of at least 100 feet or to the property line, or a greater distance if determined necessary by the local fire authority.
(C) Enhanced fire sprinklers pursuant to NFPA 13D, if determined necessary by the local fire authority.
(D) A development pattern and layout for the residential development project that is intended to reduce wildfire risk through measures that may include, but are not limited to, all of the following:
(i) Incorporating natural and manmade features on the perimeter of the property as wildfire buffer areas between higher risk fuel sources or steep slopes and residential structures within the property.
(ii) Encouraging the placement of residential structures on the inner side of perimeter roads or other perimeter wildfire buffer areas.
(iii) Discouraging the placement of residential structures on portions on the property that have disproportionately high risk
to wildfires compared to other residential structures on the property.
(E) An ongoing education program by a homeowners’ association or similar organization that includes, at a minimum, ongoing materials and activities to educate residents about wildfire risks, evacuation routes, landscaping restrictions, and other fire protection measures. This education program shall include periodic wildfire evacuation drills.
(F) An ongoing implementation and maintenance program to ensure that the wildfire buffer areas and other applicable measures in the communitywide wildfire risk reduction program are implemented and maintained over the life of the residential development. Consistent with the California Constitution, this program may be funded through a fee, tax, assessment,
homeowners’ association assessment, or similar funding mechanism for the life of residential development. Compliance shall be documented by the homeowners association or similar organization and submitted to the local fire authority annually for the first three years and then at least every five years thereafter.
(d) This section shall not limit or prohibit a legislative body of a city or county from adopting more stringent standards than those described in this section.
