Bill Text: CA SB470 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Water: Urban Water Community Drought Relief program: Small Community Drought Relief program: high fire hazard and very high fire hazard severity zones.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2024-01-25 - Veto sustained. [SB470 Detail]

Download: California-2023-SB470-Amended.html

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Amended  IN  Senate  April 27, 2023

Amended  IN  Senate  March 21, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 470

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Introduced by Senator Alvarado-Gil

February 13, 2023

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An act to amend Section 4208.1 of the Public Resources Code, relating to wildfires. 13198.8 of, and to add Sections 13198.5 and 13198.51 to, the Water Code, relating to water.

LEGISLATIVE COUNSEL'S DIGEST

SB 470, as amended, Alvarado-Gil. Wildfires: Regional Forest and Fire Capacity Program: grant eligibility: Water: Urban Water Community Drought Relief program: Small Community Drought Relief program: high fire hazard and very high fire hazard severity zones.

Existing law requires the State Fire Marshal to identify areas in the state as moderate, high, and 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 requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal, as provided.

Existing law authorizes specified state agencies, including the Department of Water Resources, subject to an appropriation, to make grants and direct expenditures for interim or immediate relief in response to conditions arising from a drought scenario to address immediate impacts on human health and safety or on fish and wildlife resources or to provide water to persons or communities that lose or are threatened with the loss of water supplies. Existing law repeals this authorization on January 1, 2024.

This bill would extend the authorization to January 1, 2026. The bill would, until January 1, 2026, establish in the department the Urban Water Community Drought Relief program and the Small Community Drought Relief program to provide grants for similar interim or immediate drought relief. These programs, upon a specified appropriation, would authorize funding for benefits in addition to drought relief, including projects that reduce the risk of wildfire for entire neighborhoods and communities through water delivery system improvements for fire suppression purposes in high fire hazard severity zone communities or very high fire hazard severity zone communities, as designated by the State Fire Marshal or by a local agency.

Existing law establishes in the Department of Conservation the Regional Forest and Fire Capacity Program to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire-adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and fire resilience. Existing law requires the department, upon appropriation, to provide block grants to regional entities, as defined, to, among other things, implement community fire preparedness demonstration projects that create durable risk reduction for structures and critical community infrastructure.

This bill would include within those demonstration projects related to durable risk reduction for structures and critical community infrastructure projects that reduce the risk of wildfire for entire neighborhoods and communities through water delivery system improvements for fire suppression purposes in high fire hazard severity zone or very high fire hazard severity zone communities, as designated by the State Fire Marshal or by a local agency.

Digest Key

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

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Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) California’s rural landscapes and communities have been ground zero for large-scale environmental and economic devastation during the past decades by virtue of the Angora, Caldor, Camp, August Complex, and Dixie Fires.

(b) Aging infrastructures combined with insufficient resources to prepare for adequate wildfire response has left many rural communities at high risk for future unchecked fire activity.

(c) Postfire costs associated with the destruction inflicted upon communities, such as Grizzley Grizzly Flats, Paradise, and Greenville, have been in the tens of billions of dollars.

(d) Congress has taken affirmative fiscal action by budgeting for funding last year and is poised to repeat that action this year as witnessed in House Report 117-400 to invest in fire prevention activities in the Tahoe Basin and elsewhere through projects such as water delivery system improvements for expanded water flow and fire hydrant installation.

(e) While California is taking the necessary actions to mitigate the intensity and frequency of fire in the rural parts of the state, local governments need state support for necessary investments to prepare for fire.

SEC. 2.

 Section 13198.5 is added to the Water Code, to read:

13198.5.

 (a) There is hereby established in the department the Urban Water Community Drought Relief program to provide grants for interim or immediate drought relief to address immediate impacts on human health and safety and on fish and wildlife resources and to provide water to persons or small or rural communities that lose or are threatened with the loss or contamination of water supplies.

(b) A project funded by this program shall benefit a community supplied by an urban water supplier as defined in Section 10617.

(c) The program, upon appropriation for these purposes after the operative date of this section, may fund projects that provide benefits in addition to drought relief, including projects that reduce the risk of wildfire for entire neighborhoods and communities through water delivery system improvements for fire suppression purposes in high fire hazard severity zone communities or very high fire hazard severity zone communities, as designated by the State Fire Marshal pursuant to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code or by a local agency pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code.

SEC. 3.

 Section 13198.51 is added to the Water Code, to read:

13198.51.

 (a) There is hereby established in the department the Small Community Drought Relief program to provide grants for interim or immediate drought relief to address immediate impacts on human health and safety and on fish and wildlife resources and to provide water to persons or small or rural communities that lose or are threatened with the loss or contamination of water supplies.

(b) A project funded by this program shall benefit a community not supplied by an urban water supplier as defined in Section 10617.

(c) The program, upon appropriation for its purposes after the operative date of this section, may fund projects that provide benefits in addition to drought relief, including projects that reduce the risk of wildfire for entire neighborhoods and communities through water delivery system improvements for fire suppression purposes in high fire hazard severity zone communities or very high fire hazard severity zone communities, as designated by the State Fire Marshal pursuant to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code or by a local agency pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code.

SEC. 4.

 Section 13198.8 of the Water Code is amended to read:

13198.8.

 This article shall remain in effect only until January 1, 2024, 2026, and as of that date is repealed.

SEC. 2.Section 4208.1 of the Public Resources Code is amended to read:

4208.1.

(a)There is hereby established in the department the Regional Forest and Fire Capacity Program to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire-adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and fire resilience. For strategies and projects that seek to create fire-adapted communities, regional entities shall maximize risk reductions to people and property, especially in the most vulnerable communities.

(b)(1)The department shall, upon an appropriation by the Legislature for these purposes, do both of the following:

(A)(i)Provide block grants to regional entities to develop regional strategies that develop governance structures, identify wildfire risks, foster collaboration, and prioritize and implement projects within the region to achieve the goals of the program.

(ii)Regional priority strategy development shall be in coordination with public landowners and other relevant forest and fire planning efforts in wildfire and forest resiliency planning.

(B)Ensure, to the extent feasible, there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201).

(2)Regional entities may implement program activities directly or provide subgrants or contracts, and collaborative planning efforts with local entities, including municipal governments, tribal governments, nongovernmental organizations, community organizations, fire safe councils, land trusts, resource conservation districts, joint power authorities, special districts, fire departments, residents, private and public forest landowners and managers, businesses, and others, to assist the regional entity in accomplishing all of the following objectives:

(A)Develop regional priority strategies that develop and support fire-adapted communities and landscapes by improving forest health, watershed health, fire risk reduction, or fire resilience needed to achieve local, regional, or statewide public safety, climate resiliency, and ecosystem goals included in the “Agreement for Shared Stewardship of California’s Forest and Rangelands” and “California’s Wildfire and Forest Resilience Action Plan.”

(B)Complete project development and permitting to generate implementation-ready projects that address regional landscape resilience and community fire protection priorities for funding consideration.

(C)Implement forest management demonstration projects that showcase scalable models for management, funding, and achieving and quantifying multiple benefits.

(D)Implement community fire preparedness demonstration projects that create durable risk reduction for structures and critical community infrastructure, including projects that reduce the risk of wildfire for entire neighborhoods and communities through water delivery system improvements for fire suppression purposes in high fire hazard severity zone or very high fire hazard severity zone communities, as designated by a local agency pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code, or by the State Fire Marshal pursuant to Article 9 (commencing with Section 4201).

(E)Develop outreach, education, and training as needed to facilitate and build capacity to implement this section.

(F)Collect and assess data and information as needed to identify and map communities, infrastructure, forests, and watersheds at risk of, and vulnerable to, wildfire, in collaboration with appropriate state agencies, including, but not limited to, the Department of Forestry and Fire Protection.

(c)The department shall, upon an appropriation by the Legislature for these purposes, provide block grants to eligible coordinating organizations under the program to support the statewide implementation of the program through coordination of and technical assistance to regional entities, as well as to support forest health and resilience efforts across regions and throughout the state.

(d)To maximize the benefits of the program, the department shall do all of the following:

(1)Facilitate peer-to-peer learning within and between regions to share information, experiences, and resources to build regional capacity.

(2)Provide technical assistance to regions to enhance regional capacity and assist in the development and prioritization of projects.

(3)Assist regions in identifying potential funding sources for regional priorities.

(4)Encourage the development of local cost share opportunities.

(5)Publish and update on the department’s internet website the following information related to implementation of the program:

(A)A list of regional entities and eligible coordinating organizations funded by the program.

(B)The outcomes of any block grant provided to a regional entity or eligible coordinating organization, including a summary of the benefits, such as the number of people and properties for which wildfire risk has been mitigated, ecosystem health benefits, or other measurements of progress towards state goals for public health and safety, climate resilience, and biodiversity, as applicable.

(C)A description of progress towards ensuring there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201).

(e)Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code.

SEC. 3.

It is the intent of the Legislature to enact subsequent legislation that would expand the allowable purposes of the Urban Water Community Drought Relief program and the Small Community Drought Relief program, as described in Item 3860-101-3398 of the Budget Act of 2021, as amended by Section 25 of Chapter 44 of the Statutes of 2022, to include projects that reduce the risk of wildfire for entire neighborhoods and communities through water delivery system improvements for fire suppression purposes in high fire hazard severity zone or very high fire hazard severity zone communities, as designated by the State Fire Marshal pursuant to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code or by a local agency pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code.

SEC. 4.SEC. 5.

 It is the intent of the Legislature to enact subsequent legislation that would, in the event appropriations are made for the programs described in subdivision (f) of Section 19.55 of the Budget Act of 2021, ensure funding eligibility for projects that reduce the risk of wildfire for entire neighborhoods and communities through water delivery system improvements for fire suppression purposes in high fire hazard severity zone communities or very high fire hazard severity zone communities, as designated by the State Fire Marshal pursuant to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code or by a local agency pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code.