Existing law requires a person who owns, leases, controls, operates, or maintains an occupied dwelling or occupied 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 within a very high fire hazard severity zone to at all times maintain defensible space of 100 feet from each side and from the front and rear of the structure, as provided. Existing law establishes in the Natural Resources Agency vests control of the state park system with the Department of Parks and Recreation. Existing law provides that the department has the right to remove and dispose of debris deposited on public beaches, waterways, or lands within the state park system when the deposits create a hazard or impediment to public safety, enjoyment, and use of the public beach, waterway, or land.

This bill would would, until January 1, 2023, require the department, within 90 days of receiving a upon request by a private property owner or by an agency of local government or a local official, to reduce surface fuels or other fire hazards on the departments property that are within 300 feet of a structure on the land of the property owner or local government, as provided. The bill would require the department to consult with department, in consultation with the Department of Forestry and Fire Protection Protection, to determine the necessary amount of surface fuel or fire hazard reduction work. work, as prescribed.

Existing law requires a person who owns, leases, controls, operates, or maintains an occupied dwelling or occupied 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 within a very high fire hazard severity zone to at all times maintain defensible space of 100 feet from each side and from the front and rear of the structure, as provided. Existing law establishes in the Natural Resources Agency the Department of Parks and Recreation. Existing law provides that the department has the right to remove and dispose of debris deposited on public beaches, waterways, or lands within the state park system when the deposits create a hazard or impediment to public safety, enjoyment, and use of the public beach, waterway, or land.

Existing law vests with the Department of Parks and Recreation control over the state park system. Existing law prescribes the functions and duties of the department and requires the department to implement and administer various laws and regulations ensuring the efficient operation and maintenance of units of the state park system.

This bill would declare the intent of the Legislature to enact subsequent legislation that would make statutory changes designed to improve the efficiency of, and increase public access to, the state park system.

Date of Hearing: May 16, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2896

Author:(Kiley) – As Amended Ver:May 1, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Parks and Recreation (DPR) to reduce surface fuels or other fire hazards on state parks property within 300 feet of a structure. Specifically, this bill:

1. Requires DPR, upon request of a private property owner or local government agency or official, to reduce surface fuels or fire hazards on DPR land located wholly or partially within a State Responsibility Area (SRA), within 300 feet of a structure on the land of the requesting entity.
2. Requires DPR to consult with CALFIRE before reducing surface fuels or other fire hazards to determine the amount of necessary work.
3. Prohibits a private property owner or local government from requesting this service more than once every year.
4. Requires DPR to complete the work within 90 days after the issuance of any permits necessary to conduct the work.
5. Sunsets the provisions of the bill on January 1, 2023.

FISCAL EFFECT:

1. One-time GF costs of up to $279 million for DPR to reduce surface fuels and other fire hazards along state park boundaries. This figure is based on an estimate of $3000 per acre for 200 park units with approximately 2,560 miles of boundaries adjacent to developed or developable private property in SRAs.
2. Ongoing GF costs of up to $93 million per year for four years, for DPR to maintain the established fuel breaks.
3. Unknown potential costs associated with required mitigation for the removal of sensitive habitat.

COMMENTS:

Background. SB 1360 (Kuehl), Chapter 720, Statutes of 2004, extended the defensible space clearance around homes and structures from 30 feet to 100 feet. Proper clearance to 100 feet dramatically increases the chance of a house surviving a wildfire. This defensible space also increases firefighter safety when protecting homes during a wildland fire. Local governments may establish distances beyond the 100-foot requirement. The Firewise Communities Program (a program co-sponsored by the U.S. Forest Service, the U.S. Department of the Interior, and the National Association of State Foresters) provides advice on how to manage defensible space up to 200 feet and recommends an even greater distance depending on the site.

DPR has the goal to prevent unplanned human-caused wildfires and to protect people, property, natural and cultural resources from unplanned and unwanted wildfires. Building and development constructed adjacent to park units within the wildland-urban interface are at risk from wildfire. DPR expects adjacent property owners and jurisdictions to provide appropriate setbacks, clear fuel on their own properties, and use appropriate building materials to help reduce wildfire risk.

This bill requires DPR to clear state park land to protect private property at state expense.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 23, 2018

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Al Muratsuchi, Acting Chair

ABPCA Bill Id:AB 2896 (

Author:Kiley) – As Amended Ver:April 16, 2018

SUBJECT: Fire prevention: state parks: fire hazard reduction

SUMMARY: Requires the Department of Parks and Recreation (State Parks) if requested by a private property owner or any agency of local government to reduce surface fuels or fire hazards on their property that are within 300 feet of a structure owned by a private property owner or agency of local government.

EXISTING LAW:

1. Requires the Director of State Parks to promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
2. Requires the Board of Forestry and Fire Protection (Board) to classify all lands within the state for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the responsibility of the state [known as the State Responsibility Area (SRA)].
3. Requires CAL FIRE to identify certain areas outside the SRA as very high fire hazard severity (VHFHS) zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas.
4. Requires a person who owns, leases, controls, operates, or maintains a building or structure on land that is covered with flammable material to maintain defensible space of 100 feet around of the structure.
5. Requires CAL FIRE to develop and update a guidance document on fuels management that includes regionally appropriate vegetation management suggestions that preserve and restore native species, minimize erosion, minimize water consumption, and permit trees near homes for shade, aesthetics, and habitat. Requires the guidelines to include suggestions to minimize or eliminate the risk of flammability of non-vegetative sources of combustion, such as woodpiles, propane tanks, decks, and outdoor lawn furniture.

THIS BILL:

1. Requires State Parks, within 90 days of receiving a request by a private property owner or by any agency of local government, to reduce surface fuels or other fire hazards on State Parks property that are within 300 feet of a structure on the land of the property owner or local government.
2. Requires State Parks before reducing surface fuels or other fire hazards to consult with CAL FIRE.
3. Prohibits a private property owner or local government from requesting this service more than once every 360 days.

FISCAL EFFECT: Unknown

COMMENTS:

1. Background. The 2017 fire season was devastating. Over 1.3 million acres burned in high-severity wildfires and over 10,000 structures were destroyed. Fire has always been present in California landscapes either occurring by lightning strikes or used by Native American tribes to preserve certain useful plants and prevent larger fires. Low-intensity fires have clear ecological benefits such as creating habitat and assisting in the regeneration of certain species of plants and trees. Low-intensity fire also reduces surface fuel, which decreases future wildfire intensity. However, after a century of fire exclusion, logging of older growth and more fire-resistant trees, and a significant five-year drought, the size and severity of California’s fires has increased dramatically. Climate change has also contributed to wildfire risk by reducing humidity and precipitation and increasing temperatures.

California’s forests have become overstocked and unhealthy. In the Stanislaus National Forest, a team of UC Berkeley researchers found a density of 400 trees per acre in 2013, compared with 60-90 trees per acre found in historical reports from 1911. In addition, the researchers found more undergrowth species, and a smaller average tree size than in 1911. From 2014 to 2017 over 129 million trees have died due to a combination of drought and bark beetles. New research by UC Berkeley states “these dead trees have created unprecedented levels of fuel, which could create dangerous wildfires in the near future that are beyond the predictive capacity of current fire models.”

In 2016-17 California experienced a record level of precipitation, which caused an unprecedented growth in grasses and shrubs throughout California. During the summer of 2017 extended heat waves dried out the newly grown vegetation. In the fall and winter of 2017 high winds and low humidity created the conditions that led to major fires in Butte, Lake, Los Angeles, Mendocino, Napa, Nevada, Riverside, San Diego, Solano, Sonoma, Ventura, and Yuba counties. This included the Thomas fire, which was the largest wildfire in California history. Between October and December wildfires caused the tragic loss of 44 lives, which is more than the last 10 years combined. Many places in California experienced the worst air quality on record, including for deadly particulate matter 2.5. These massive fires also created significant amounts of greenhouse gas (GHG) emissions. The 2017 wildfires produced more GHG emissions than every car, truck, and big rig on the state’s roads in one year.

There are many efforts by the Administration and the Legislature to address the forest health and the wildfire crisis. In Governor Brown’s State of the State Address he said, “I will convene a task force composed of scientists and knowledgeable forest practitioners to review thoroughly the way our forests are managed and suggest ways to reduce the threat of devastating fires. They will also consider how California can increase resiliency and carbon storage capacity. Trees in California should absorb CO2, not generate huge amounts of black carbon and GHGs as they do today when forest fires rage across the land.” Reports on forest health have also been released by the Public Policy Institute and the Little Hoover Commission. Both advocate for more active management of California’s forests, including increased use of prescribed fire. Last year, CAL FIRE received a $200 million appropriation from the Greenhouse Gas Reduction Fund (GGRF) for forest health and fire prevention, a significant increase from the prior year. CAL FIRE is in the process of reviewing proposals for landscape level forest health projects and developing guidelines for a local assistance fire prevention program. Even with these additional resources and attention, high-severity wildfires are an increasing threat in California.

1. Defensible space. SB 1360 (Kuehl), Chapter 720, Statutes of 2004, extended the defensible space clearance around homes and structures from 30 feet to 100 feet. Proper clearance to 100 feet dramatically increases the chance of a house surviving a wildfire. This defensible space also provides for firefighter safety when protecting homes during a wildland fire. Local governments may establish distances beyond the 100-foot requirement. The Firewise Communities Program (a program co-sponsored by the U.S. Forest Service, the U.S. Department of the Interior, and the National Association of State Foresters) provides advice on how to manage defensible space up to 200 feet and recommends an even greater distance depending on the site.
2. State Parks. State Parks mission is to provide for the health, inspiration, and education of the people of California by helping to preserve the state's extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation. State Parks property includes 280 state park units, over 340 miles of coastline, 970 miles of lake and river frontage, 15,000 campsites, and 4,500 miles of trails. State Parks contains the largest and most diverse recreational, natural, and cultural heritage holdings of any state agency in the nation. More than 67 million people annually visit California’s state park system.

State Parks has a goal to prevent unplanned human-caused wildfires and to protect people, property, natural and cultural resources from unplanned and unwanted wildfires. Building and development constructed adjacent to park units within the wildland-urban interface are at risk from wildfire. State Parks expects adjacent property owners and jurisdictions to provide appropriate setbacks, fuel clearance on their own property, and the use of appropriate building materials to help reduce wildfire risk. According to a 2010 Folsom Lake State Recreation Area General Plan and Resource Management Plan, State Parks policy is to prohibit the construction and maintenance of fuelbreaks and fuel modification zones except under specific circumstances including vegetation within 130 feet of a habitable non-State Park structure, which is at specific risk of ignition from wildfire. State Parks also uses prescribed fire to reduce wildfire threat and to meet other important ecological outcomes. State Parks has provided a right to enter permit to allow a homeowner’s association in Folsom to hire a contractor to remove dead trees to reduce fire hazards. Right to enter permits are provided on a case-by-case basis.

1. Amendments. The author and committee may wish to consider the following amendments:
   
   1. Specify the bill only applies to the SRA;
   2. Require State Parks, after consultation with CAL FIRE, to make the final decision on the necessary amount of work; and,
      
   3. Specify that the 90-day time limit does not take effect until all of the necessary permits are obtained.

REGISTERED SUPPORT / OPPOSITION:

Support

American Insurance Association
California Association of Realtors
National Association of Mutual Insurance Companies
Pacific Association of Domestic Insurance Companies
Personal Insurance Federation of California
Property and Casualty Insurers Association of America
Rural County Representatives of California

Opposition

Hills For Everyone

Analysis Prepared by: Michael Jarred / NAT. RES. /