The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife (department) may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. 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.

This bill would authorize a city, county, city and county, special district, or other local agency to submit to the department a wildfire preparedness plan to conduct wildfire preparedness activities on land designated as a fire hazard severity zone, as defined, that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species. The bill would require the wildfire preparedness plan to include, among other things, a brief description of the planned wildfire preparedness activities, the approximate dates for the activities, and a description of the candidate, endangered, and threatened species within the plan area. The bill would require the department, if sufficient information is included in the wildfire preparedness plan for the department to determine if an incidental take permit is required, to notify the local agency within 90 days of receipt of the wildfire preparedness plan if an incidental take permit or other permit is needed, or if there are other considerations, exemptions, or streamlined pathways that the wildfire preparedness activities qualify for, including, but not limited to, the State Board of Forestry and Fire Protections California Vegetation Treatment Program. The bill would require the department to provide the local agency, in its notification, with guidance that includes, among other things, a description of the candidate, endangered, and threatened species within the plan area and measures to avoid, minimize, and fully mitigate the take of the candidate, threatened, and endangered species, as provided. The bill would require the department, on or before July 1, 2025, to make a standard wildfire preparedness plan submission form publicly available on its internet website. The bill also would require the department, commencing January 1, 2026, to annually post on its internet website a summary of the wildfire preparedness plans submitted and include specified information in that summary.

The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife (department) may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. 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.

This bill would authorize a city, county, city and county, special district, or other local agency to submit to the department a locally designed plan wildfire preparedness plan to conduct wildfire preparedness activities on land designated as a fire hazard severity zone, as defined, that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species, and meets specified criteria. species. The bill would require the wildfire preparedness plan to include, among other things, a brief description of the planned wildfire preparedness activities, the approximate dates for the activities, and a description of the candidate, endangered, and threatened species within the plan area. The bill would require the department department, if sufficient information is included in the wildfire preparedness plan for the department to determine if an incidental take permit is required, to notify the local agency within 90 days of receipt of the wildfire preparedness plan if an incidental take permit or other permit is needed, or if there are other considerations, exemptions, or streamlined pathways that the wildfire preparedness activities qualify for, including, but not limited to, the State Board of Forestry and Fire Protections California Vegetation Treatment Program. The bill would require the department to provide the local agency, in its notification, guidance that includes a description of the candidate, endangered, and threatened species within the plan area and reasonable measures to avoid, minimize, and fully mitigate the take of the candidate, threatened, and endangered species, as provided. The bill would require the department, on or before July 1, 2025, to make a standard wildfire preparedness plan submission form publicly available on its internet website. The bill also would require the department, commencing January 1, 2026, to annually post on its internet website a summary of the plan submissions that includes specified information, including the number of incidental take permits issued, on its internet website, as specified. wildfire preparedness plans submitted and include specified information in that summary.

The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife (department) may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. 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.

This bill would authorize a city, county, city and county, special district, or other local agency to submit to the department a locally designed plan to conduct wildfire preparedness activities on land designated as a fire hazard severity zone, as defined, that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species, and meets specified criteria. The bill would require the department to notify the local agency within 90 days of receipt of the plan if an incidental take permit or other permit is needed, or if there are other considerations, exemptions, or streamlined pathways that the wildfire preparedness activities qualify for, including, but not limited to, the State Board of Forestry and Fire Protections California Vegetation Treatment Program. The bill would require the department to provide the local agency, in its notification, a description of the candidate, endangered, and threatened species within the plan area and reasonable measures to avoid, minimize, and fully mitigate the take of the candidate, threatened, and endangered species, as provided. The bill would require the department, commencing January 1, 2026, to annually post a summary of the plan submissions that includes specified information, including the number of incidental take permits issued, on its internet website, as specified.

The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife (department) may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. 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.

This bill would authorize a city, county, city and county, special district, or other local agency to submit to the department a locally designed voluntary program plan to conduct wildfire preparedness activities on land designated as a fire hazard severity zone, as defined, that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species, and meets specified criteria. The bill would require the department to approve or deny the application and notify the local agency of the approval or denial within 90 days of receipt of the application, and would allow for resubmission of a denied application, as specified. plan if an incidental take permit or other permit is needed, or if there are other considerations, exemptions, or streamlined pathways that the wildfire preparedness activities qualify for, including, but not limited to, the State Board of Forestry and Fire Protections California Vegetation Treatment Program. The bill would require the department to provide an approved applicant with the terms and conditions within 30 days of approval to initiate the locally designed voluntary program, in lieu of an incidental take permit, as provided. provide the local agency, in its notification, a description of the candidate, endangered, and threatened species within the plan area and reasonable measures to avoid, minimize, and fully mitigate the take of the candidate, threatened, and endangered species, as provided. The bill would require the department, commencing January 1, 2026, to annually post a summary of the locally designed voluntary program plan submissions that includes specified information, including the number of incidental take permits issued, on its internet website, as specified.

The bill would require the department, by January 1, 2026, in consultation with the Office of the State Fire Marshal, and using existing data and information collected by the department and the office, to develop maps identifying critical habitats within fire hazard severity zones, as provided. The bill would require the maps to be updated at least once every 5 years, and would require the maps to be made available to a city, county, city and county, special district, or other local agency for wildfire planning and preparedness purposes in order to protect life and property.

The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife (department) may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. 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.

The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. 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.

This bill would require the department to, within 90 days of receiving an application, authorize through permits or memorandum of understanding the take of endangered species, threatened species, and candidate species incidental to any routine fuel management activities conducted by local agencies on lands that are within moderate, high, or very high fire hazard severity zones and adjacent to wildland-urban interface fire areas. The bill would require the State Fire Marshal, if the department does not grant authorization within 90 days, to make a determination within 30 days on whether a local agency may conduct routine fuel management activities on those lands for the protection of life and property. The bill would require the department, in consultation with the State Fire Marshal, to develop maps identifying environmentally sensitive areas within fire hazard severity zones and adjacent to wildland-urban interface fire areas and to make those maps available to city and county fire departments for specified purposes.

GOVERNOR'S VETO

GV Bill Id:AB 2330

Author:(Holden)

As Enrolled Ver:September 3, 2024

2/3 vote

SUMMARY

Establishes a process to facilitate the approval of an incidental take permit (ITP) for listed species, if any, needed by a local agency to undertake wildfire preparedness activities. Specifically, this bill:

1. Authorizes a city, county, city and county, special district, or other local agency (local agencies) to submit to the Department of Fish and Wildlife (DFW) a locally designed plan (plan) to conduct wildfire preparedness activities on land designated as a fire hazard severity zone that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species (listed species), and meets additional specified criteria.
2. Requires the plan to include specified information, including a description of how the local agency is compliant with the California Environmental Quality Act (CEQA), and any planned environmental mitigation or conservation measures the local agency plans to take.
3. Requires DFW, within 90 days of receiving a plan, to notify the local agency if an incidental take permit (ITP) or other permit is needed, or if there are other considerations, exemptions, or streamlined pathways for which the wildfire preparedness activities qualify.
4. Requires DFW, in its notification, to provide the local agency, as applicable, a description of listed species within the plan area, and measures to avoid, minimize, and fully mitigate the take of listed species during practices conducted under the plan.
5. Requires DFW to consult with the State Board of Forestry and Fire Protection if technical assistance is needed.
6. Requires DFW, if it determines any activities in a plan require an ITP, to approve or deny the ITP within 45 days of receiving a complete ITP application, as specified. Provides that an approved ITP shall be for a term of no less than five years and shall be eligible for a permit renewal authorization by DFW.
7. Requires DFW, commencing January 1, 2026, to annually post a summary of submitted plans on its website, as specified.

Governor’s Veto Message

"The bill would require the [DFW] to develop and implement a program to assist local governments with the taking of threatened or engaged species as part of their wildfire preparedness planning efforts.

While I support efforts to increase the pace and scale of wildfire preparedness, this bill creates significant, ongoing costs that should be considered in the annual budget process. In partnership with the Legislature this year, my Administration has enacted a balanced budget that avoids deep program cuts to vital services and protected investments in education, health care, climate, public safety, housing, and social service programs that millions of Californians rely on. It is important to remain disciplined when considering bills with significant fiscal implications that are not included in the budget, such as this measure.

For these reasons, I cannot sign this bill."

COMMENTS

In State Responsibility Areas (SRAs), where the state has financial responsibility for wildland fire protection and prevention, the Department of Forestry and Fire Protection (CAL FIRE) is responsible for fire prevention and suppression. In Local Responsibility Areas (LRAs) – such as in urban regions – the local jurisdiction is responsible for wildfire protection.

In the SRA, the State Board of Forestry and Fire Protection has developed its California Vegetation Treatment Program (CalVTP) to streamline permitting of certain wildfire prevention projects. CalVTP includes the use of prescribed burning, mechanical treatments, manual treatments, herbicide application, and prescribed herbivory as tools to reduce hazardous vegetation around communities in the Wildland-Urban Interface, to construct fuel breaks, and to promote ecological restoration. The CalVTP Environmental Impact Report (EIR) provides a mechanism to expedite CEQA compliance and the implementation of wildfire resilience projects. A broadly applicable program or CEQA document, such as CalVTP or its EIR, is not available for LRAs, although CalVTP can be used for LRA projects if fuel breaks from an SRA extend into an LRA.

The California Endangered Species Act (CESA) was enacted to prevent the extinction of fish, wildlife, plant, and invertebrate species by relying on scientific analysis to determine which species face extinction and impose protections for those species that are in peril. The overarching intent of CESA is to regulate and impose mitigation on activities that could contribute to the extinction of species. Species are referred to as "listed" if they have been designated as "threatened" or "endangered" under CESA. When a new species is proposed to be listed, it benefits from the same protections as listed species during its candidacy period. CESA prohibits the "take" of a listed species. "Take" means to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.

ITPs are granted as exceptions under CESA to enable the prohibited take of listed species during otherwise lawful activity. Examples of "lawful activities" for which an ITP may be issued include infrastructure development, housing development, transportation, and scientific research. DFW may not approve an ITP for a listed species if the activity for which the permit is sought would jeopardize the continued existence of the species. Impacts to listed species must be minimized and fully mitigated and those mitigation measures must be roughly proportional to the extent of the impact. In general, the CEQA process undertaken for a project will identify biological resources placed at risk and the CEQA lead agency, when certifying the EIR, will require certain mitigation actions be taken. If needed, a project proponent could apply to DFW for an ITP.

DFW may be able to provide guidance to a project proponent on how to avoid needing an ITP, such as by scheduling the project to avoid the breeding season for a particular species, among other examples.

According to the Author

"[This bill] is designed to help expedite permits for fuel management activities, particularly those areas that are located near fire hazard severity zones that are adjacent to urban areas. The goal of this bill is to find a balance between public safety and environmental protection."

Arguments in Support

Numerous organizations, including local entities, write in support. In a joint sign-on letter, the sponsor, the League of Cities writes, "if local wildfire preparedness activities are not accelerated in LRA areas, the threat of wildfire could continue to pose extreme risk of future catastrophic wildfire events to both communities and the environment. […] [This bill] would provide local agencies a voluntary, streamlined process that prioritizes wildfire preparedness activities and public safety while upholding environmental laws and permitting authorities."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee, "DFW estimates ongoing costs of about $1.6 million annually (General Fund) and seven positions to review wildfire preparedness plans, draft measures, and evaluate CEQA documentation for permitting needs, among other things. Staff note this is a new program and actual costs could be higher or lower depending on how much it ultimately gets used."

VOTES

ASM WATER, PARKS, AND WILDLIFE: 13-0-2

YES: Papan, Addis, Alanis, Alvarez, Bennett, Bonta, Gallagher, Davies, Hart, Luz Rivas, Schiavo, Villapudua, Weber

ABS, ABST OR NV: Mathis, Garcia

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

ASSEMBLY FLOOR: 73-0-7

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Luz Rivas

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Alvarado-Gil

ASSEMBLY FLOOR: 76-0-3

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Robert Rivas

ABS, ABST OR NV: Cervantes, Ortega, Zbur

UPDATED

VERSION: September 3, 2024

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0005113

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2330

Author:(Holden)

As Amended Ver:July 1, 2024

Majority vote

SUMMARY

Establishes a process to facilitate the approval of an incidental take permit (ITP) for listed species, if any, needed by a local agency to undertake wildfire preparedness activities.

Senate Amendments

1. Adds findings and intent language to clarify interpretation of bill's provisions.
2. Clarifies the information provided to the Department of Fish and Wildlife (DFW) by the local agency during pre-consultation.
3. Clarifies that DFW does not complete the ITP application for the local agency, but rather provides guidance for the local agency to facilitate approval.
4. Clarifies that DFW has the option within the 90 day period to notify the local agency that insufficient information has been provided in the plan for it to determine whether an ITP is needed.
5. Makes various technical and clarifying changes.

COMMENTS

In State Responsibility Areas (SRAs), where the state has financial responsibility for wildland fire protection and prevention, the Department of Forestry and Fire Protection (CAL FIRE) is responsible for fire prevention and suppression. In Local Responsibility Areas (LRAs) – such as in urban regions – the local jurisdiction is responsible for wildfire protection.

In the SRA, the State Board of Forestry and Fire Protection has developed its California Vegetation Treatment Program (CalVTP) to streamline permitting of certain wildfire prevention projects. CalVTP includes the use of prescribed burning, mechanical treatments, manual treatments, herbicide application, and prescribed herbivory as tools to reduce hazardous vegetation around communities in the Wildland-Urban Interface, to construct fuel breaks, and to promote ecological restoration. The CalVTP Environmental Impact Report (EIR) provides a mechanism to expedite California Environmental Quality Act (CEQA) compliance and the implementation of wildfire resilience projects. A broadly applicable program or CEQA document, such as CalVTP or its EIR, is not available for LRAs, although CalVTP can be used for LRA projects if fuel breaks from an SRA extend into an LRA.

The California Endangered Species Act (CESA) was enacted to prevent the extinction of fish, wildlife, plant, and invertebrate species by relying on scientific analysis to determine which species face extinction and impose protections for those species that are in peril. The overarching intent of CESA is to regulate and impose mitigation on activities that could contribute to the extinction of species. Species are referred to as "listed" if they have been designated as "threatened" or "endangered" under CESA. When a new species is proposed to be listed, it benefits from the same protections as listed species during its candidacy period. CESA prohibits the "take" of a listed species. "Take" means to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.

ITPs are granted as exceptions under CESA to enable the prohibited take of listed species during otherwise lawful activity. Examples of "lawful activities" for which an ITP may be issued include infrastructure development, housing development, transportation, and scientific research. DFW may not approve an ITP for a listed species if the activity for which the permit is sought would jeopardize the continued existence of the species. Impacts to listed species must be minimized and fully mitigated and those mitigation measures must be roughly proportional to the extent of the impact. In general, the CEQA process undertaken for a project will identify biological resources placed at risk and the CEQA lead agency, when certifying the EIR, will require certain mitigation actions be taken. If needed, a project proponent could apply to DFW for an ITP.

DFW may be able to provide guidance to a project proponent on how to avoid needing an ITP, such as by scheduling the project to avoid the breeding season for a particular species, among other examples.

According to the Author

"[This bill] is designed to help expedite permits for fuel management activities, particularly those areas that are located near fire hazard severity zones that are adjacent to urban areas. The goal of this bill is to find a balance between public safety and environmental protection."

Arguments in Support

Numerous organizations, including local entities, write in support. In a joint sign-on letter, the sponsor, the League of Cities writes, "if local wildfire preparedness activities are not accelerated in LRA areas, the threat of wildfire could continue to pose extreme risk of future catastrophic wildfire events to both communities and the environment. […] [This bill] would provide local agencies a voluntary, streamlined process that prioritizes wildfire preparedness activities and public safety while upholding environmental laws and permitting authorities."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee, "DFW estimates ongoing costs of about $1.6 million annually (General Fund) and seven positions to review wildfire preparedness plans, draft measures, and evaluate CEQA documentation for permitting needs, among other things. Staff note this is a new program and actual costs could be higher or lower depending on how much it ultimately gets used."

VOTES:

ASM WATER, PARKS, AND WILDLIFE: 13-0-2

YES: Papan, Addis, Alanis, Alvarez, Bennett, Bonta, Gallagher, Davies, Hart, Luz Rivas, Schiavo, Villapudua, Weber

ABS, ABST OR NV: Mathis, Garcia

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

ASSEMBLY FLOOR: 73-0-7

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Luz Rivas

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Alvarado-Gil

UPDATED

VERSION: July 1, 2024

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0004649

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2330

Author:(Holden)

As Amended Ver:July 1, 2024

Majority vote

SUMMARY

Establishes a process to facilitate the approval of an incidental take permit (ITP) for listed species, if any, needed by a local agency to undertake wildfire preparedness activities.

Senate Amendments

1. Adds findings and intent language to clarify interpretation of bill's provisions.
2. Clarifies the information provided to the Department of Fish and Wildlife (DFW) by the local agency during pre-consultation.
3. Clarifies that DFW does not complete the ITP application for the local agency, but rather provides guidance for the local agency to facilitate approval.
4. Clarifies that DFW has the option within the 90 day period to notify the local agency that insufficient information has been provided in the plan for it to determine whether an ITP is needed.
5. Makes various technical and clarifying changes.

COMMENTS

In State Responsibility Areas (SRAs), where the state has financial responsibility for wildland fire protection and prevention, the Department of Forestry and Fire Protection (CAL FIRE) is responsible for fire prevention and suppression. In Local Responsibility Areas (LRAs) – such as in urban regions – the local jurisdiction is responsible for wildfire protection.

In the SRA, the State Board of Forestry and Fire Protection has developed its California Vegetation Treatment Program (CalVTP) to streamline permitting of certain wildfire prevention projects. CalVTP includes the use of prescribed burning, mechanical treatments, manual treatments, herbicide application, and prescribed herbivory as tools to reduce hazardous vegetation around communities in the Wildland-Urban Interface, to construct fuel breaks, and to promote ecological restoration. The CalVTP Environmental Impact Report (EIR) provides a mechanism to expedite California Environmental Quality Act (CEQA) compliance and the implementation of wildfire resilience projects. A broadly applicable program or CEQA document, such as CalVTP or its EIR, is not available for LRAs, although CalVTP can be used for LRA projects if fuel breaks from an SRA extend into an LRA.

The California Endangered Species Act (CESA) was enacted to prevent the extinction of fish, wildlife, plant, and invertebrate species by relying on scientific analysis to determine which species face extinction and impose protections for those species that are in peril. The overarching intent of CESA is to regulate and impose mitigation on activities that could contribute to the extinction of species. Species are referred to as "listed" if they have been designated as "threatened" or "endangered" under CESA. When a new species is proposed to be listed, it benefits from the same protections as listed species during its candidacy period. CESA prohibits the "take" of a listed species. "Take" means to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.

ITPs are granted as exceptions under CESA to enable the prohibited take of listed species during otherwise lawful activity. Examples of "lawful activities" for which an ITP may be issued include infrastructure development, housing development, transportation, and scientific research. DFW may not approve an ITP for a listed species if the activity for which the permit is sought would jeopardize the continued existence of the species. Impacts to listed species must be minimized and fully mitigated and those mitigation measures must be roughly proportional to the extent of the impact. In general, the CEQA process undertaken for a project will identify biological resources placed at risk and the CEQA lead agency, when certifying the EIR, will require certain mitigation actions be taken. If needed, a project proponent could apply to DFW for an ITP.

DFW may be able to provide guidance to a project proponent on how to avoid needing an ITP, such as by scheduling the project to avoid the breeding season for a particular species, among other examples.

According to the Author

"[This bill] is designed to help expedite permits for fuel management activities, particularly those areas that are located near fire hazard severity zones that are adjacent to urban areas. The goal of this bill is to find a balance between public safety and environmental protection."

Arguments in Support

Numerous organizations, including local entities, write in support. In a joint sign-on letter, the sponsor, the League of Cities writes, "if local wildfire preparedness activities are not accelerated in LRA areas, the threat of wildfire could continue to pose extreme risk of future catastrophic wildfire events to both communities and the environment. […] [This bill] would provide local agencies a voluntary, streamlined process that prioritizes wildfire preparedness activities and public safety while upholding environmental laws and permitting authorities."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee, "DFW estimates ongoing costs of about $1.6 million annually (General Fund) and seven positions to review wildfire preparedness plans, draft measures, and evaluate CEQA documentation for permitting needs, among other things. Staff note this is a new program and actual costs could be higher or lower depending on how much it ultimately gets used."

VOTES:

ASM WATER, PARKS, AND WILDLIFE: 13-0-2

YES: Papan, Addis, Alanis, Alvarez, Bennett, Bonta, Gallagher, Davies, Hart, Luz Rivas, Schiavo, Villapudua, Weber

ABS, ABST OR NV: Mathis, Garcia

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

ASSEMBLY FLOOR: 73-0-7

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Luz Rivas

UPDATED

VERSION: July 1, 2024

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0004649

 THIRD READING  

Bill No: AB 2330

Author: Holden (D), et al.

Amended: 7/1/24 in Senate

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 11-0, 6/25/24

AYES: Min, Seyarto, Allen, Dahle, Eggman, Grove, Hurtado, Laird, Limón, Padilla, Stern

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

ASSEMBLY FLOOR: 73-0, 5/21/24 - See last page for vote

SUBJECT: Endangered species: incidental take: wildfire preparedness activities

SOURCE: League of California Cities

DIGEST:

This bill establishes a process to facilitate the approval of an incidental take permit for listed species, if any, needed by a local agency to undertake wildfire preparedness activities, among other provisions, as provided.

ANALYSIS:

Existing law:

1. Provides that fish and wildlife resources are held in trust for the people of California by and through the California Department of Fish and Wildlife (CDFW). (Fish and Game Code (FGC) §711.7)
2. Provides, under the California Endangered Species Act (CESA), for the listing and protection of species determined through biological scientific analysis to be endangered or threatened with extinction. (FGC §§2070 et seq.)
3. Prohibits the taking of listed species pursuant to CESA unless CDFW authorizes the taking of the listed species under an incidental take permit (ITP) and if the taking is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. (FGC §§2081, 2084)
4. Defines “take” as to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. (FGC §86)
5. Requires the State Board of Forestry and Fire Protection to represent the state’s interest in the acquisition and management of state forests pertaining to forestry; protect the state’s interests in forest resources on private land; determine, establish, and maintain adequate forest policy; and formulate guidance policies for the California Department of Forestry and Fire Protection (CAL FIRE). (Public Resources Code (PRC) §740)
6. Requires the State Fire Marshal (Fire Marshal), by regulation, to designate the fire hazard severity zone and assign to each zone a rating reflecting the degree of severity of fire hazard that is expected to prevail in the zone in the state responsibility area (SRA). (PRC §4203)
7. Requires the Fire Marshal to identify areas in the state in the local responsibility area (LRA) 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, fuel loading, slope, fire weather, and other relevant factors. (Government Code (GOV) §51178)
8. 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 Fire Marshal, among other things. (GOV §51179)

This bill establishes a process to facilitate the approval of an ITP for listed species, if any, needed by a local agency to undertake wildfire preparedness activities, among other provisions, as provided.

Specifically, this bill:

1. States legislative intent to provide for enhanced consultation and coordination between agencies seeking to implement vegetation management and other wildfire preparedness activities and CDFW to facilitate approval of any necessary ITPs, and make relevant legislative findings.
2. Authorizes a city, county, city and county, special district, or other local agency to submit to CDFW a wildfire preparedness plan (plan) to conduct wildfire preparedness activities on lands designated as a fire hazard severity zone in the SRA or LRA that minimizes impacts to candidate, threatened, and endangered species, as specified.
   1. Requires the plan to:
      1. Protect communities from the threat of wildfire through vegetation management practices that, to the maximum extent practicable, avoid and minimize the take of listed species while encouraging habitat enhancement;
      2. Be supported by the best available scientific information, as specified; and
      3. Be designed to provide sufficient flexibility to gain the maximum protection of life and property without compromising wildlife benefits, as provided.
3. Requires the plan submitted to CDFW to include:
   1. The name and contact information of the participation local agency;
   2. A brief description of the planned wildfire preparedness activities;
   3. The approximate dates of treatment;
   4. A description of the candidate, endangered, and threatened species within the plan area; and
   5. A description of project compliance with the California Environmental Quality Act (CEQA) including planned mitigation measures, as specified.
4. Requires the CDFW, within 90 days of plan receipt, if the plan contains sufficient information, to notify the local agency if an ITP or other permit is needed, if there are other considerations, exemptions, or streamlined pathways that the wildfire preparedness activities call for, as provided. Requires CDFW’s notification to include a description of the candidate and listed species present; reasonable measures to avoid, minimize, and fully mitigated the take of the candidate and listed species present; and any additional guidance to facilitate approval of an ITP, as provided.
5. Requires CDFW to consult with the State Board of Forestry and Fire Protection and CAL FIRE for technical assistance, if needed.
6. Requires CDFW to make publicly available on its internet website a standard form for a local agency to use to submit the plan on or before July 1, 2025.
7. Requires CDFW to approve or deny an ITP application from the local agency within 45 days of receipt of a complete application, as provided, if CDFW determines an ITP is necessary.
8. Requires an ITP approved by the process established herein to be valid for no less than five years and be eligible for renewal.
9. Authorizes CDFW and the local agency to extend timelines identified in 4) and 7) by mutual agreement.
10. Requires CDFW, commencing January 1, 2026, to annually post a summary of plans submitted on its internet website with additional related information, as provided.

Background

In the SRA, where the state has financial responsibility for wildland fire protection and prevention, CAL FIRE is responsible for fire prevention and suppression. In the LRA – such as in urban regions – the local jurisdiction is responsible for wildfire protection.

In the SRA, the State Board of Forestry and Fire Protection has developed its California Vegetation Treatment Program or CalVTP to streamline permitting of certain wildfire prevention projects. CalVTP includes the use of prescribed burning, mechanical treatments, manual treatments, herbicide application, and prescribed herbivory as tools to reduce hazardous vegetation around communities in the Wildland-Urban Interface, to construct fuel breaks, and to promote ecological restoration. The CalVTP Environmental Impact Report (EIR) provides a powerful CEQA compliance tool to expedite the implementation of wildfire resilience projects. A broadly applicable program or CEQA document, such as CalVTP or its EIR, is not available for the LRA, although CalVTP can be used for LRA projects if fuel breaks from the SRA extend into LRA.

CESA was enacted to prevent the extinction of fish, wildlife, plant, and invertebrate species by relying on scientific analysis to determine which species face extinction and impose protections for those species that are in peril. The overarching intent of CESA is to regulate and impose mitigation on activities that could contribute to the extinction of species. Species are referred to as “listed” if they have been designated as “threatened” or “endangered” under CESA. When a new species is proposed to be listed, it benefits from the same protections as listed species during its candidacy period. CESA prohibits the “take” of a listed species. “Take” means to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.

Incidental take permits (ITPs) are granted as exceptions under CESA to enable the prohibited take of listed species during otherwise lawful activity. Examples of “lawful activities” for which an ITP may be issued include infrastructure development, housing development, transportation, and scientific research. CDFW may not approve an ITP for a listed species if the activity for which the permit is sought would jeopardize the continued existence of the species. Impacts to listed species must be minimized and fully mitigated and those mitigation measures must be roughly proportional to the extent of the impact. In general, the CEQA process undertaken for a project will identify biological resources placed at risk and the CEQA lead agency, when certifying the EIR, will require certain mitigation actions be taken. If needed, a project proponent could apply to CDFW for an ITP.

CDFW may be able to provide guidance to a project proponent on how to avoid needing an ITP, such as by scheduling the project to avoid the breeding season for a particular species, among other examples.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• The Department of Fish and Wildlife (DFW) estimates ongoing costs of about $1.6 million annually (General Fund) and seven positions to review wildfire preparedness plans, draft measures, and evaluate CEQA documentation for permitting needs, among other things. Staff note this is a new program and actual costs could be higher or lower depending on how much it ultimately gets used.

SUPPORT: (Verified 8/15/24)

League of California Cities (source)

Association of California Water Agencies

California Association of Winegrape Growers

California Cattlemen’s Association

California Fire Chiefs Association

California Special Districts Association

City of Bradbury

City of Chino Hills

City of La Verne

City of Laguna Niguel

City of Monrovia

City of Pasadena

City of Pleasanton

City of San Luis Obispo

City of Santa Barbara

City of Thousand Oaks

City of Vista

East Bay Regional Park District

El Dorado Irrigation District

Fire Districts Association of California

Los Angeles Area Fire Chiefs Association

Mountain Counties Water Resources Association

Orange County Fire Chiefs Association

Rural County Representatives of California

Ventura County Fire Chiefs Association

Wine Institute

OPPOSITION: (Verified 8/15/24)

California Department of Finance

ARGUMENTS IN SUPPORT: According to the author, “AB 2330 is designed to help expedite permits for fuel management activities, particularly those areas that are located near fire hazard severity zones that are adjacent to urban areas. The goal of this bill is to find a balance between public safety and environmental protection.”

In a joint sign-on letter, the League of California Cities writes, “AB 2330 would provide local agencies a voluntary, streamlined process that prioritizes wildfire preparedness activities and public safety while upholding environmental laws and permitting authorities.

“The bill would ensure continued environmental oversight and communication between local agencies and the state for any approved wildfire preparedness programs.

“If local wildfire preparedness activities are not accelerated in LRA areas, the threat of wildfire could continue to pose extreme risk of future catastrophic wildfire events to both communities and the environment.”

ARGUMENTS IN OPPOSITION: The California Department of Finance “is opposed to this bill because it results in additional General Fund costs and cost pressures not included in the current fiscal plan.”

ASSEMBLY FLOOR: 73-0, 5/21/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Luz Rivas

Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116

8/18/24 9:07:34

**** END ****

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2330 (Holden) - Endangered species: incidental take: wildfire preparedness activities

Bill Summary:

This bill would establish a process to facilitate the approval of an incidental take permit (ITP) needed by a local agency to undertake wildfire preparedness activities, among other things.

Fiscal Impact:

• The Department of Fish and Wildlife (DFW) estimates ongoing costs of about $1.6 million annually (General Fund) and seven positions to review wildfire preparedness plans, draft measures, and evaluate CEQA documentation for permitting needs, among other things. Staff note this is a new program and actual costs could be higher or lower depending on how much it ultimately gets used.

Background:

Catastrophic and devastating wildfires have occurred repeatedly in the state in recent years. Nine of the 20 largest and seven of the 20 most destructive wildland fires in state history occurred in 2020 and 2021 when almost seven million acres burned. The 2020 August Complex Fire in northern California – the largest fire in California’s modern history – burned over one million acres while the 2021 Dixie Fire burned almost one million acres. Two wildland fires in recent years burned over the crest of the Sierras, which had not been previously observed. In the last several years, tens of thousands of structures – mostly homes – have been destroyed from wildland fire, insured losses incurred are in the billions of dollars, prime habitat has been destroyed or damaged, and, tragically, hundreds of lives have been lost. In addition, millions of Californians have been exposed to unhealthy air quality due to the wildfires.

Wildfire prevention is an increasing focus. Improving forest and wildlands stewardship, however, is complicated by the fact that the state itself only owns about 3% of the approximately 33 million acres of these lands in the state. The federal government owns 57% (the US Forest Service manages over 20 million acres in 18 National Forests, and the National Park Service and the US Bureau of Land Management manage an additional almost 3 million acres between them). Private landowners own the remaining 40%.

In August 2020, the Newsom Administration, building on Executive Orders issued by both Governor Brown and Governor Newsom, signed a Memorandum of Understanding (MOU) with the Pacific Southwest Region office of the US Forest Service in order to establish a “joint framework to enhance science-based forest and rangeland stewardship in California.” In the MOU, the US Forest Service and the state “commit to maintain and restore healthy forests and rangelands that reduce public safety risks, protect natural and built infrastructure and enhance ecological habitat and biological diversity.” The strategy underpinning the MOU contains three core elements – joint forest stewardship, the identification and prioritization of projects, and using every available tool. Actions agreed to in the MOU include sustainably treating one million acres annually (half each). Sustainable treatments include vegetation management, such as mechanical thinning or prescribed fire to reduce the fuel load in the event of a wildland fire. These wildfire prevention activities could be undertaken by a variety of agencies.

In the state responsibility area (SRA), where the state has financial responsibility for wildland fire protection and prevention, the California Department of Forestry and Fire Protection (CAL FIRE) is responsible for fire prevention and suppression. In the local responsibility area (LRA) – such as in urban regions – the local jurisdiction is responsible for wildfire protection.

In the SRA, the State Board of Forestry and Fire Protection (Forestry Board) has developed its California Vegetation Treatment Program or CalVTP to streamline permitting of certain wildfire prevention projects. CalVTP includes the use of prescribed burning, mechanical treatments, manual treatments, herbicide application, and prescribed herbivory as tools to reduce hazardous vegetation around communities in the Wildland-Urban Interface, to construct fuel breaks, and to promote ecological restoration. The CalVTP Environmental Impact Report (EIR) provides a powerful California Environmental Quality Act (CEQA) compliance tool to expedite the implementation of wildfire resilience projects. A broadly applicable program or CEQA document, such as CalVTP or its EIR, is not available for the LRA, although CalVTP can be used for LRA projects if fuel breaks from the SRA extend into LRA.

The California Endangered Species Act (CESA) was enacted to prevent the extinction of fish, wildlife, plant, and invertebrate species by relying on scientific analysis to determine which species face extinction and impose protections for those species that are in peril. The overarching intent of CESA is to regulate and impose mitigation on activities that could contribute to the extinction of species. Species are referred to as “listed” if they have been designated as “threatened” or “endangered” under CESA. When a new species is proposed to be listed, it benefits from the same protections as listed species during its candidacy period. CESA prohibits the “take” of a listed species. “Take” means to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.

Incidental take permits (ITPs) are granted as exceptions under CESA to enable the prohibited take of listed species during otherwise lawful activity. Examples of “lawful activities” for which an ITP may be issued include infrastructure development, housing development, transportation, and scientific research. The California Department of Fish and Wildlife (DFW) may not approve an ITP for a listed species if the activity for which the permit is sought would jeopardize the continued existence of the species. Impacts to listed species must be minimized and fully mitigated and those mitigation measures must be roughly proportional to the extent of the impact. In general, the CEQA process undertaken for a project will identify biological resources placed at risk and the CEQA lead agency, when certifying the EIR, will require certain mitigation actions be taken. If needed, a project proponent could apply to DFW for an ITP.

DFW may be able to provide guidance to a project proponent on how to avoid needing an ITP, such as by scheduling the project to avoid the breeding season for a particular species, among other examples.

Proposed Law:

This bill would establish a process to facilitate the approval of an ITP needed by a local agency to undertake wildfire preparedness activities. Specifically, this bill would:

1. Authorize a city, county, city and county, special district, or other local agency to submit to DFW a wildfire preparedness plan to conduct activities on lands designated as a fire hazard severity zone in the SRA or LRA that minimizes impacts to candidate, threatened, and endangered species, as specified.
   1. Require the plan to include, among other things, a brief description of the planned wildfire preparedness activities, the approximate dates for the activities, and a description of the candidate, endangered, and threatened species within the plan area.
2. Upon receipt of the plan, if it includes sufficient information as specified, require DFW within 90 days to notify the local agency if an ITP or other permit is needed, if there are other considerations, exemptions, or streamlined pathways that the wildfire preparedness activities call for, as provided. Require DFW’s notification to include a description of the candidate and listed species present and reasonable measures to avoid, minimize, and fully mitigated the take of the candidate and listed species present.
3. Require DFW to consult with the Forestry Board and the California Department of Forestry and Fire Protection for technical assistance, if needed.
4. Allow DFW and the local agency to extend the timeline.
5. Require DFW to make publicly available on its internet website a standard form for a local agency to use to submit the plan.
6. Require DFW to approve or deny an ITP application from the local agency within 45 days of receipt of a complete application, as provided, if DFW determines an ITP is necessary.
7. Require an ITP approved by the process described above to be valid for no less than five years and be eligible for renewal.
8. Require DFW, commencing January 1, 2026, to annually post a summary of plans submitted on its internet website with additional related information, as provided.

Related Legislation:

SB 1159 (Dodd, 2024) would require the Office of Planning and Research, in consultation with other relevant state agencies, to evaluate, and the Secretary of the Natural Resources Agency to consider, the inclusion of roadside projects no more than five road miles from a municipality or census-designated place that are undertaken solely for the purpose of wildfire risk reduction in the classes of projects determined not to have a significant effect on the environment pursuant to the CEQA Guidelines.

AB 211 (Committee on Budget, Chapter 574, Statutes of 2022) extends certain sunsets on CEQA exemptions for certain wildfire preparedness activities, among other provisions.

AB 267 (V Fong, 2022) would have extended the sunset from January 1, 2023, to January 1, 2026, for the exemption from CEQA for prescribed fire, thinning, or fuel reduction projects undertaken on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the National Environmental Policy Act, as specified.

Staff Comments:

DFW has been historically underfunded. The recent service-based budgeting effort at DFW revealed that DFW received on average about 1/3 of the resources it needs to fulfill its mission. While the administration did not include a plan to sustainably fund DFW, despite the requirement to do so, the Legislature responded to this effort by providing additional General Fund allocations. Given the current condition of the General Fund, it is unlikely this additional funding will be sustained over the long-term.

If enacted, the new program created by AB 2330 would result in an additional unfunded workload for DFW to establish new processes and dedicated staff to review wildfire preparedness plans, draft measures, and evaluate CEQA documentation for permitting needs. Potential projects may occur anywhere within a Fire Hazard Severity Zone designated area including both the State Responsibility Area and Local Responsibility Area: In sum, over 33 million acres of California (about one-third of the state) would be subject to this bill. For that reason, DFW assumes it would result in a significant workload increase.

Actual program costs would depend on the number of plans districts submit. DFW assumes that any local agency with authority in either the State Responsibility Area or Local Responsibility Area may submit a wildfire preparedness plan. According to DFW, any agency other than state and federal agencies may be eligible to submit a wildfire preparedness plan under this bill as its currently proposed. This would include special districts (such as water, irrigation, utility, flood control, and fire districts) that frequently conduct vegetation management and fire preparedness activities. While an estimate of how many special districts might want to participate in this program isn’t possible at this time, the California State Controller’s Office reports that there are more than 5,300 special districts in California, including 621 water districts, 89 irrigation districts, 77 utility districts, 51 flood control districts and 424 fire districts.

Impact on other ITP applications. Existing regulation governs how long DFW has to review an ITP application. For example, if DFW is the CEQA lead agency for a project, it has 120 – 180 days to approve or deny an ITP application associated with that project. (Title 14, California Code of Regulations, §783.5) The statutory mandate proposed by this bill – although the bill authorizes an additional extension – is likely to result in relatively faster processing and approval or denial of an ITP application than otherwise afforded to other ITP applicants. This has the potential to impact the timeliness of the approval of other ITP applications which may also be for worthy projects.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Dave Min, Chair

2023 - 2024 Regular

Bill No: AB 2330 Hearing Date: June 25, 2024

Subject: Endangered species: incidental take: wildfire preparedness activities

BACKGROUND AND EXISTING LAW

Catastrophic and devastating wildfires have occurred repeatedly in the state in recent years. Nine of the 20 largest and seven of the 20 most destructive wildland fires in state history occurred in 2020 and 2021 when almost seven million acres burned. The 2020 August Complex Fire in northern California – the largest fire in California’s modern history – burned over one million acres while the 2021 Dixie Fire burned almost one million acres. Two wildland fires in recent years burned over the crest of the Sierras, which had not been previously observed. In the last several years, tens of thousands of structures – mostly homes – have been destroyed from wildland fire, insured losses incurred are in the billions of dollars, prime habitat has been destroyed or damaged, and, tragically, hundreds of lives have been lost. In addition, millions of Californians have been exposed to unhealthy air quality due to the wildfires.

Wildfire prevention is an increasing focus. Improving forest and wildlands stewardship, however, is complicated by the fact that the state itself only owns about 3% of the approximately 33 million acres of these lands in the state. The federal government owns 57% (the US Forest Service manages over 20 million acres in 18 National Forests, and the National Park Service and the US Bureau of Land Management manage an additional almost 3 million acres between them). Private landowners own the remaining 40%.

In August 2020, the Newsom Administration, building on Executive Orders issued by both Governor Brown and Governor Newsom, signed a Memorandum of Understanding (MOU) with the Pacific Southwest Region office of the US Forest Service in order to establish a “joint framework to enhance science-based forest and rangeland stewardship in California.” In the MOU, the US Forest Service and the state “commit to maintain and restore healthy forests and rangelands that reduce public safety risks, protect natural and built infrastructure and enhance ecological habitat and biological diversity.” The strategy underpinning the MOU contains three core elements – joint forest stewardship, the identification and prioritization of projects, and using every available tool. Actions agreed to in the MOU include sustainably treating one million acres annually (half each). Sustainable treatments include vegetation management, such as mechanical thinning or prescribed fire to reduce the fuel load in the event of a wildland fire. These wildfire prevention activities could be undertaken by a variety of agencies.

In the state responsibility area (SRA), where the state has financial responsibility for wildland fire protection and prevention, the California Department of Forestry and Fire Protection (CAL FIRE) is responsible for fire prevention and suppression. In the local responsibility area (LRA) – such as in urban regions – the local jurisdiction is responsible for wildfire protection.

In the SRA, the State Board of Forestry and Fire Protection (Forestry Board) has developed its California Vegetation Treatment Program or CalVTP to streamline permitting of certain wildfire prevention projects. CalVTP includes the use of prescribed burning, mechanical treatments, manual treatments, herbicide application, and prescribed herbivory as tools to reduce hazardous vegetation around communities in the Wildland-Urban Interface, to construct fuel breaks, and to promote ecological restoration. The CalVTP Environmental Impact Report (EIR) provides a powerful California Environmental Quality Act (CEQA) compliance tool to expedite the implementation of wildfire resilience projects. A broadly applicable program or CEQA document, such as CalVTP or its EIR, is not available for the LRA, although CalVTP can be used for LRA projects if fuel breaks from the SRA extend into LRA.

The California Endangered Species Act (CESA) was enacted to prevent the extinction of fish, wildlife, plant, and invertebrate species by relying on scientific analysis to determine which species face extinction and impose protections for those species that are in peril. The overarching intent of CESA is to regulate and impose mitigation on activities that could contribute to the extinction of species. Species are referred to as “listed” if they have been designated as “threatened” or “endangered” under CESA. When a new species is proposed to be listed, it benefits from the same protections as listed species during its candidacy period. CESA prohibits the “take” of a listed species. “Take” means to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.

Incidental take permits (ITPs) are granted as exceptions under CESA to enable the prohibited take of listed species during otherwise lawful activity. Examples of “lawful activities” for which an ITP may be issued include infrastructure development, housing development, transportation, and scientific research. The California Department of Fish and Wildlife (CDFW) may not approve an ITP for a listed species if the activity for which the permit is sought would jeopardize the continued existence of the species. Impacts to listed species must be minimized and fully mitigated and those mitigation measures must be roughly proportional to the extent of the impact. In general, the CEQA process undertaken for a project will identify biological resources placed at risk and the CEQA lead agency, when certifying the EIR, will require certain mitigation actions be taken. If needed, a project proponent could apply to CDFW for an ITP.

CDFW may be able to provide guidance to a project proponent on how to avoid needing an ITP, such as by scheduling the project to avoid the breeding season for a particular species, among other examples.

Existing law:

1. Provides that fish and wildlife resources are held in trust for the people of California by and through CDFW. (Fish and Game Code (FGC) §711.7)
2. Provides, under CESA, for the listing and protection of species determined through biological scientific analysis to be endangered or threatened with extinction. (FGC §§2070 et seq.)
3. Prohibits the taking of listed species pursuant to CESA unless CDFW authorizes the taking of the listed species under an ITP and if the taking is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. (FGC §§2081, 2084)
4. Defines “take” as to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. (FGC §86)
5. Requires the Forestry Board to represent the state’s interest in the acquisition and management of state forests pertaining to forestry; protect the state’s interests in forest resources on private land; determine, establish, and maintain adequate forest policy; and formulate guidance policies for CAL FIRE. (Public Resources Code (PRC) §740)
6. Requires the State Fire Marshal (Fire Marshal), by regulation, to designate the fire hazard severity zone and assign to each zone a rating reflecting the degree of severity of fire hazard that is expected to prevail in the zone in the SRA. (PRC §4203)
7. Requires the Fire Marshal to identify areas in the state in the LRA 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, fuel loading, slope, fire weather, and other relevant factors. (Government Code (GOV) §51178)
8. 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 Fire Marshal, among other things. (GOV §51179)

PROPOSED LAW

This bill would establish a process to facilitate the approval of an ITP, if any, needed by a local agency to undertaken wildfire preparedness activities, among other provisions, as provided.

Specifically, this bill would:

1. Authorize a city, county, city and county, special district, or other local agency to submit to CDFW a plan to conduct wildfire preparedness activities on lands designated as a fire hazard severity zone in the SRA or LRA that minimizes impacts to candidate, threatened, and endangered species, as specified.
   1. Require the plan to:
      1. Protect communities from the threat of wildfire through vegetation management practices that, to the maximum extent practicable, avoid and minimize the take of listed species while encouraging habitat enhancement;
      2. Be supported by the best available scientific information, as specified; and
      3. Be designed to provide sufficient flexibility to gain the maximum protection of life and property without compromising wildlife benefits, as provided.
2. Require the plan submitted to CDFW to include:
   1. The name and contact information of the participation local agency;
   2. A brief description of the planned wildfire preparedness activities;
   3. The approximate dates of treatment; and
   4. A description of project compliance with CEQA including planned mitigation measures.
3. Within 90 days of plan receipt, require CDFW to notify the local agency if an ITP or other permit is needed, if there are other considerations, exemptions, or streamlined pathways that the wildfire preparedness activities call for, as provided. Require CDFW’s notification to include a description of the candidate and listed species present and reasonable measures to avoid, minimize, and fully mitigated the take of the candidate and listed species present.
4. Require CDFW to consult with the Forestry Board for technical assistance, if needed.
5. Authorize CDFW and the local agency to extend the timeline.
6. Require CDFW to make publicly available on its internet website a standard form for a local agency to use to submit the plan.
7. Require CDFW to approve or deny an ITP application from the local agency within 45 days of receipt of a complete application, as provided, if CDFW determines an ITP is necessary.
8. Require an ITP approved by the process described in (1) – (7) to be valid for no less than five years and be eligible for renewal.
9. Require CDFW, commencing January 1, 2026, to annually post a summary of plans submitted on its internet website with additional related information, as provided.

ARGUMENTS IN SUPPORT

According to the author, “AB 2330 is designed to help expedite permits for fuel management activities, particularly those areas that are located near fire hazard severity zones that are adjacent to urban areas. The goal of this bill is to find a balance between public safety and environmental protection.”

In a joint sign-on letter, the League of Cities writes, “AB 2330 would provide local agencies a voluntary, streamlined process that prioritizes wildfire preparedness activities and public safety while upholding environmental laws and permitting authorities.”

“The bill would ensure continued environmental oversight and communication between local agencies and the state for any approved wildfire preparedness programs.”

“If local wildfire preparedness activities are not accelerated in LRA areas, the threat of wildfire could continue to pose extreme risk of future catastrophic wildfire events to both communities and the environment.”

ARGUMENTS IN OPPOSITION

The Endangered Habitats League, taking a joint “oppose unless amended” position, writes “The first concept in the bill––a “pre-consultation” provision––has merit. A local agency would ask the Department whether, given proposed avoidance and minimization measures, take of listed species would occur that necessitates an ITP. This could save time for all parties, but the information the local agency provides under the bill is insufficient for Department decision-making.”

They argue that the bill reverses the normal ITP process and that the Department “lacks detailed knowledge of the fire-related actions involved” and “this would be a major policy change and should only be undertaken after close consultation with the Department.”

“Providing adequate staff to the Department to do the pre-consultations and subsequent ITPs is the most effective way to move things faster.”

COMMENTS

Impact on other applicants for ITPs. Existing regulation governs how long CDFW has to review an ITP application. For example, if CDFW is the CEQA lead agency for a project, it has 120 – 180 days to approve or deny an ITP application associated with that project. (Title 14, California Code of Regulations, §783.5) The statutory mandate proposed by this bill – although the bill authorizes an additional extension – is likely to result in relatively faster processing and approval or denial of an ITP application than otherwise afforded to other ITP applicants. This has the potential to impact the timeliness of the approval of other ITP applications which may also be for worthy projects.

The mandated pre-consultation may help to resolve concerns prior to an ITP application being submitted by the local agency. The pre-consultation may also help to facilitate discussions that may result in the project being conducted in a manner to avoid needing an ITP. It may be that earlier and more sustained outreach and communication between the local agency and CDFW may help to ensure that any ITP applications are more readily processed.

A leading CEQA resource book^[1] recommends that project proponents participate in early consultation with permitting agencies to help “ensure that the CEQA document is sufficient to enable their approval of actions under their jurisdiction.”

Clarifying language. Discussions among Committee staff, author staff, and stakeholders revealed that there was considerable agreement between the author’s intent for the bill and opponents. Various provisions of the bill in print may not have fully realized the author’s intent, particularly with respect to the outcome of the pre-consultation with CDFW in response to its receipt of the plan.

In view of this, the Committee may wish to amend the bill to clarify the pre-consultation process, including the material submitted to CDFW to review, and CDFW’s guidance in response. [Amendment #1]

Opposition and committee amendments. The proposed committee amendments address concerns raised by those organizations with an “oppose unless amendment” position on this bill. Almost all, if not all, of those organizations will go to a neutral position when the committee amendments are taken.

The CEQA process should provide relevant information. CEQA requires the state’s public agencies to disclose and consider the potential adverse environmental effects of their discretionary actions, to mitigate significant effects where feasible, and to encourage and provide for public involvement in this decisionmaking. As noted above, the CEQA process should provide information to project proponents about the environmental impacts of a project, and potential mitigation steps required. The CEQA process should also provide information about the various permits required from the lead agency, the responsible agency or agencies, and the state trustee agencies – such as CDFW for the state’s fish and wildlife resources. While the current bill language requires CDFW to provide suggestions – even for permits outside its jurisdiction – it may be that this information would already have been generated through CEQA and thus available to the project proponent. Further, it may be that incorporating a reference to the CEQA document or a part of the CEQA document would be sufficient to address the information needs or exchange provided for in this bill.

The Committee may wish to direct Committee staff to continue working with the author’s office and stakeholders to resolve this and related issues should the bill move forward.

Recent related legislation

SB 1159 (Dodd, 2024) would require the Office of Planning and Research, in consultation with other relevant state agencies, to evaluate, and the Secretary of the Natural Resources Agency to consider, the inclusion of roadside projects no more than five road miles from a municipality or census-designated place that are undertaken solely for the purpose of wildfire risk reduction in the classes of projects determined not to have a significant effect on the environment pursuant to the CEQA Guidelines. (This bill has passed the Assembly Natural Resources Committee.)

AB 211 (Committee on Budget, Chapter 574, Statutes of 2022) extends certain sunsets on CEQA exemptions for certain wildfire preparedness activities, among other provisions.

AB 267 (V Fong, 2022) would have extended the sunset from January 1, 2023, to January 1, 2026, for the exemption from CEQA for prescribed fire, thinning, or fuel reduction projects undertaken on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the National Environmental Policy Act, as specified. (This bill died on the inactive file on the Senate Floor.)

SUGGESTED AMENDMENTS

AMENDMENT 1

• Add legislative findings and intent language to clarify interpretation of bill’s provisions.
• Clarify the information contained in the plan provided to CDFW by the local agency during pre-consultation.
• Clarify that the Department does not complete the ITP application for the local agency, but rather provides guidance for the local agency to facilitate approval.
• Clarify that the Department has the option within the 90 day period to notify the local agency that insufficient information has been provided in the plan for it to determine whether an ITP is needed.
• Various technical and clarifying changes.

SUPPORT

League of California Cities (sponsor)

Association of California Water Agencies

California Association of Winegrape Growers

California Cattlemen’s Association

California Fire Chiefs Association

California Special Districts Association

City of Bradbury

City of Chino Hills

City of La Verne

City of Laguna Niguel

City of Monrovia

City of Pasadena

City of Pleasanton

City of San Luis Obispo

City of Santa Barbara

City of Thousand Oaks

City of Vista

East Bay Regional Park District

El Dorado Irrigation District

Fire Districts Association of California

Los Angeles Area Fire Chiefs Association

Mountain Counties Water Resources Association

Orange County Fire Chiefs Association

Rural County Representatives of California

Ventura County Fire Chiefs Association

Wine Institute

OPPOSITION

Center for Biological Diversity (unless amended)

Endangered Habitats League (unless amended)

Friends of Harbors, Beaches and Parks (unless amended)

Friends of Rose Creek (unless amended)

Hills for Everyone (unless amended)

Sea and Sage Audubon Society (unless amended)

-- END --

1. Practical CEQA: A Stepwise Guide to California Environmental Quality Act Compliance. A Rivasplata and G Brownlow (Solano Press Books, 2020). ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 2330

Author:(Holden)

As Amended Ver:May 16, 2024

Majority vote

SUMMARY

Authorizes a local agency to submit a locally designed plan to conduct wildfire preparedness activities that minimizes impacts to sensitive species to the Department of Fish and Wildlife (DFW) and requires DFW to consult with the Department of Forestry and Fire Protection (CAL FIRE) in undertaking specified actions.

Major Provisions

1. Authorizes a city, county, city and county, special district, or other local agency (local agencies) to submit to DFW a locally designed plan (plan) to conduct wildfire preparedness activities on land designated as a fire hazard severity zone (FHSZ) that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species (listed species), and meets additional specified criteria.
2. Requires the plan to include specified information, including a description of how the local agency is compliant with the California Environmental Quality Act (CEQA), and any planned environmental mitigation or conservation measures the local agency plans to take.
3. Requires DFW, within 90 days of receiving a plan, to notify the local agency if an incidental take permit (ITP) or other permit is needed, or if there are other considerations, exemptions, or streamlined pathways for which the wildfire preparedness activities qualify.
4. Requires DFW, in its notification, to provide the local agency, as applicable, a description of listed species within the plan area, and reasonable measures to avoid, minimize, and fully mitigate the take of listed species during practices conducted under the plan.
5. Requires DFW to consult with the State Board of Forestry and Fire Protection if technical assistance is needed.
6. Requires DFW, if it determines any activities in a plan require an ITP, to approve or deny the ITP within 45 days of receiving a complete ITP application, as specified. Provides that an approved ITP shall be for a term of no less than five years and shall be eligible for a permit renewal authorization by DFW.
7. Requires DFW, commencing January 1, 2026, to annually post a summary of submitted plans on its website, as specified.

COMMENTS

Wildfire management. Wildfire management areas are divided into two main categories: state responsibility areas (SRAs) and local responsibility areas (LRAs). An SRA is an area where the state has financial responsibility for wildland fire protection and prevention. Within an SRA, CAL FIRE is responsible for fire prevention and suppression. LRAs are incorporated cities, urban regions, agricultural lands, and portions of the desert where the local government is responsible for wildfire protection. This is typically provided by city fire departments, fire protection districts, counties, and by CAL FIRE under contract. FHSZ for SRAs and LRAs reflect potential wildfire hazards across the state. Moderate, high, and very high FHSZ are where more intense wildfire is likely to occur and impact people or physical assets.

ITPs. DFW grants ITPs as exceptions under the California Endangered Species Act to enable the prohibited take of listed species during otherwise lawful activity. DFW may not approve an ITP for a listed species if the activity for which the permit is sought would jeopardize the continued existence of the species. Impacts to listed species must be minimized and fully mitigated, and those mitigation measures must be roughly proportional to the extent of the impact. CEQA compliance is necessary for receipt of an ITP.

Streamlined wildfire preparedness activities in LRAs. As detailed in a coalition support letter for this bill, the state has completed a programmatic environmental impact report under CEQA for 20 million acres of SRA with mitigation measures and a streamlined consultation process with environmental permitting agencies, called the California Vegetative Treatment Program. The coalition contends that local agencies do not have a streamlined process for LRAs and have "experienced long delays spanning multiple fire seasons when trying to accelerate these types of wildfire preparedness efforts on LRAs." This bill establishes a process for local agencies to work with DFW to more expeditiously seek approval for and conduct wildfire preparedness activities.

According to the Author

"[This bill] is designed to help expedite permits for fuel management activities, particularly those areas that are located near [FHSZ] that are adjacent to urban areas. The goal of this bill is to find a balance between public safety and environmental protection."

Arguments in Support

Numerous cities and other organizations write in support of this bill. They reference the devastation of wildfire and their duty to prioritize wildfire preparedness activities and public safety while upholding environmental laws. The sponsors indicate that local agencies "have experienced long delays spanning multiple fire seasons when trying to accelerate these types of wildfire preparedness efforts on LRAs" and that the consultation with DFW ensures any potential harm to species can be avoided. These entities indicate that maps that overlay critical habitat and [FHSZ] would provide "a shared understanding of the critical habitat and species DFW is monitoring and to ensure environmental protections are in place for wildfire preparedness activities to occur."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, ongoing annual costs of an unknown but potentially significant amount, likely in the hundreds of thousands of dollars to low millions of dollars (General Fund), for DFW to review plans submitted by local agencies, provide notifications to local agencies, and develop and periodically update habitat maps. To provide a local agency with a description of listed species within a plan area, DFW would likely need to conduct appropriately timed biological surveys to assess potential impacts to those species and determine appropriate measures to avoid, minimize, the fully mitigate those impacts.

VOTES

ASM WATER, PARKS, AND WILDLIFE: 13-0-2

YES: Papan, Addis, Alanis, Alvarez, Bennett, Bonta, Gallagher, Davies, Hart, Luz Rivas, Schiavo, Villapudua, Weber

ABS, ABST OR NV: Mathis, Garcia

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

UPDATED

VERSION: May 16, 2024

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0003334

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2330

Author:(Holden) – As Amended Ver:April 24, 2024

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

SUMMARY:

This bill authorizes a local agency to submit to the Department of Fish and Wildlife (DFW) a locally designed plan to conduct wildfire preparedness activities that minimizes impacts to species and meets specified criteria, and requires DFW and entities within the Department of Forestry and Fire Protection (CAL FIRE) to undertake specified actions.

Specifically, this bill, among other things:

1. Authorizes a city, county, city and county, special district, or other local agency (local agencies) to submit to DFW a locally designed plan (plan) to conduct wildfire preparedness activities on land designated as a fire hazard severity zone (FHSZ) that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species (listed species), and meets additional specified criteria.
2. Requires the plan to include specified information, including a description of how the local agency is compliant with the California Environmental Quality Act (CEQA), and any planned environmental mitigation or conservation measures the local agency plans to take.
3. Requires DFW, within 90 days of receiving a plan, to notify the local agency if an incidental take permit (ITP) or other permit is needed, or if there are other considerations, exemptions, or streamlined pathways for which the wildfire preparedness activities qualify.
4. Requires DFW, in its notification, to provide the local agency, as applicable, a description of listed species within the plan area, and reasonable measures to avoid, minimize, and fully mitigate the take of listed species during practices conducted under the plan.
5. Requires DFW to consult with the State Board of Forestry and Fire Protection if technical assistance is needed.
6. Requires DFW, if it determines any activities in a plan require an ITP, to approve or deny the ITP within 45 days of receiving a complete ITP application, as specified. Provides that an approved ITP shall be for a term of no less than five years and shall be eligible for a permit renewal authorization by DFW.
7. Requires DFW, commencing January 1, 2026, to annually post a summary of submitted plans on its website, as specified.
8. Requires DFW, by January 1, 2026, in consultation with the Office of the State Fire Marshal (OSFM), and using existing data and information collected by DFW and OSFM, to develop maps identifying critical habitats within lands designated as FHSZ; make those maps available to local agencies for wildfire planning and preparedness; and update the maps at least once every five years.

FISCAL EFFECT:

1) Ongoing annual costs of an unknown but potentially significant amount, likely in the hundreds of thousands of dollars to low millions of dollars (General Fund), for DFW to review plans submitted by local agencies, provide notifications to local agencies, and develop and periodically update habitat maps. To provide a local agency with a description of listed species within a plan area, DFW would likely need to conduct appropriately timed biological surveys to assess potential impacts to those species and determine appropriate measures to avoid, minimize, the fully mitigate those impacts.

2) CAL FIRE estimates costs of approximately $325,000 in year one, $409,000 in year two, and $393,000 in year three and ongoing (General Fund) for two new positions to work with DFW to assist in developing and updating maps. Tasks include tracking and updating maps to reflect changes in hazardous vegetation and fuels conditions, field work, geospatial data management, and other tasks.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

COMMENTS:

1) Purpose. According to the author:

[This bill] is designed to help expedite permits for fuel management activities, particularly those areas that are located near [FHSZ] that are adjacent to urban areas. The goal of this bill is to find a balance between public safety and environmental protection.

2) Background.

Wildfire Management. Wildfire management areas are divided into two main categories: state responsibility areas (SRA) and local responsibility areas (LRA). An SRA is an area where the state has financial responsibility for wildland fire protection and prevention. Within an SRA, CAL FIRE is responsible for fire prevention and suppression. LRA are incorporated cities, urban regions, agricultural lands, and portions of the desert where the local government is responsible for wildfire protection. This is typically provided by city fire departments, fire protection districts, counties, and by CAL FIRE under contract. FHSZ for SRA and LRA reflect potential wildfire hazards across the state. Moderate, high, and very high FHSZ are where more intense wildfire is likely to occur and impact people or physical assets.

ITPs. CDFW grants ITPs as exceptions under the California Endangered Species Act to enable the prohibited take of listed species during otherwise lawful activity. DFW may not approve an ITP for a listed species if the activity for which the permit is sought would jeopardize the continued existence of the species. Impacts to listed species must be minimized and fully mitigated, and those mitigation measures must be roughly proportional to the extent of the impact. CEQA compliance is necessary for receipt of an ITP.

ITP Fees. An entity applying for an ITP is required to pay CDFW an application fee, which covers the department’s cost of processing the permit application, permit development, and compliance monitoring. Fee amounts depend on the project cost, are updated annually based on the implicit price deflator published by the U.S. Department of Commerce, and are deposited into the Endangered Species Permitting Account within the Fish and Game Preservation Fund. If CDFW determines the permit application fee is insufficient due to the complexity of a project or the potential effects of a project, the department must collect an additional fee up to a specified maximum amount.

Streamlined Wildfire Preparedness Activities in LRAs. As detailed in a coalition support letter for this bill, the state has completed a programmatic environmental impact report under CEQA for 20 million acres of SRA with mitigation measures and a streamlined consultation process with environmental permitting agencies, called the California Vegetative Treatment Program. The coalition contends that local agencies do not have a streamlined process for LRAs and have “experienced long delays spanning multiple fire seasons when trying to accelerate these types of wildfire preparedness efforts on LRAs.” This bill establishes a process for local agencies to work with DFW to more expeditiously seek approval for and conduct wildfire preparedness activities.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: April 23, 2024

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Diane Papan, Chair

ABPCA Bill Id:AB 2330 (

Author:Holden) – As Amended Ver:April 1, 2024

SUBJECT: Endangered species: incidental take: wildfire preparedness activities

SUMMARY: Authorizes various local agencies to submit to the Department of Fish and Wildlife (DFW) for approval, a voluntary program to conduct wildfire preparedness activities in a fire hazard severity zone (FHSZ) to minimize impacts to wildlife. Specifically, this bill:

1. Allows a city, county, city and county, special district, or other local agency (local agencies) to submit locally designed voluntary program (program) to conduct wildfire preparedness activities on land designated as a FHSZ that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species (listed species), and does all of the following:
   1. Protects communities from the threat of wildfire through vegetation management practices that, to the maximum extent practicable, avoid and minimize the take of listed species, while encouraging the enhancement of habitat;
   2. Incorporates the best available scientific information for both wildfire preparedness and conservation practices; and
   3. Provides sufficient flexibility to maximize participation and to gain the maximum protection of life and property from the threat of wildfire without compromising wildlife benefits.
2. Requires an application submitted for the program to contain the following:
   1. The name and contact information of the participating local agency;
   2. A brief description of the planned wildfire preparedness activities, including a description of the lands within the FHSZ;
   3. The approximate dates for which wildfire preparedness activities are proposed to occur; and
   4. A description of how the local agency is compliant with the California Environmental Quality Act (CEQA) and any planned environmental mitigation or conservation measures the local agency plans to take.
3. Requires DFW to approve or deny the application and notify the local agency of the approval or denial within 90 days of receipt of the application.
4. Requires DFW to provide the applicant with the terms and conditions within 30 days of approval to initiate the locally designed voluntary program, in lieu of an incidental take permit (ITP), which shall include all of the following:
   1. A description of the vegetation management activities to be conducted;
   2. A description of listed species within the program area and measures to avoid their take;
   3. Procedures that allow the local agency to notify DFW 15 days before vegetation management practices take place and an opportunity for DFW to respond within 15 days; and
   4. A provision that identifies that the local agency shall have the ability to cease participation in a program without penalty at any time.
5. Describes the process for resubmission to DFW if the application is denied and allows a local agency to seek technical assistance from the State Board of Forestry and Fire Protection (Forestry Board) within the Department of Forestry and Fire Protection (CAL FIRE).
6. Requires DFW to make a standard application form and template terms and conditions available on its website and post a summary of submissions on its website, as described, starting January 1, 2026.
7. Requires DFW to automatically renew the authorization for locally designed voluntary programs every 10 years.
8. Requires DFW in consultation with the Office of the State Fire Marshal (Fire Marshal) to develop maps identifying critical habitats within lands designated as FHSZ with existing data, make those maps available to local agencies for wildfire planning and preparedness, and update the map at least once every five years.

EXISTING LAW:

1. Provides that fish and wildlife resources are held in trust for the people of California by and through DFW [Fish and Game Code (FGC) § 711.7].
2. Provides, under the California Endangered Species Act (CESA), for the listing and protection of species determined through biological scientific analysis to be endangered or threatened with extinction (FGC § 2070–2079.1).
3. Prohibits the taking of listed species pursuant to CESA unless DFW authorizes the taking of the listed species under an ITP and if the taking is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species (FGC § 2081; 2084).
4. Defines “take” as to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill (FGC § 86).
5. Requires the Fire Marshal, by regulation, to designate FHSZ and assign to each zone a rating reflecting the degree of severity of fire hazard that is expected to prevail in the zone [Public Resources Code (PRC) § 4203].
6. Requires the Forestry Board to represent the state’s interest in the acquisition and management of state forests pertaining to forestry; protect the state’s interests in forest resources on private land; determine, establish, and maintain adequate forest policy; and formulate guidance policies for CAL FIRE (PRC § 740).
7. Requires the Fire Marshal to identify areas in the state as moderate, high, and very high FHSZ based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas, fuel loading, slope, fire weather, and other relevant factors (Government Code § 51178).
8. Requires a local agency to designate by ordinance, moderate, high, and very high FHSZ in its jurisdiction within 120 days of receiving recommendations from the Fire Marshal, among other things (Government Code § 51179).

FISCAL EFFECT: Unknown. This bill is keyed fiscal.

COMMENTS:

1. Purpose of this bill. This bill provides an alternative pathway for a local agency to conduct wildfire preparedness activities that protect communities and minimize wildlife impact. According to the author, “[This bill] is designed to help expedite permits for fuel management activities, particularly those areas that are located near [FHSZ] that are adjacent to urban areas. The goal of this bill is to find a balance between public safety and environmental protection.”
2. Background. Wildfires are a common and natural occurrence in many ecosystems around the world and can provide numerous ecological and societal benefits. However, wildfires can also cause significant loss of lives, infrastructure, and critical ecosystem services. The losses associated with wildfires are predicted to worsen with climate change and an expanding wildland urban interface (WUI). In California’s recorded history, the top eight largest wildfires and nearly all of the top 20 most destructive wildfires have occurred in the last seven years.

Wildfire management. In response to wildfire, society engages in a variety of prevention, mitigation, and management actions in an effort to reduce the losses and increase the benefits of wildfire. While wildfire prevention activities focus on actions taken to prevent wildfires from occurring, mitigation refers to actions taken in order to manage the losses of wildfires when they do occur. Mitigation encompasses a wide variety of activities ranging from fire suppression to vegetation management to managing the built and social environments in which wildfires take place. Mitigation actions are designed to manage numerous components—the fire intensity, the burn probability, and the possible damages to human health and physical or ecological assets.

Wildfire management areas are divided into two main categories: state responsibility areas (SRA) and local responsibility areas (LRA). SRA is a legal term defining the area where the state has financial responsibility for wildland fire protection and prevention. Incorporated cities and federal ownership are not included. Within the SRA, CAL FIRE is responsible for fire prevention and suppression. There are more than 31 million acres in SRA, with an estimated 1.7 million people and 800,000 existing homes. LRA are incorporated cities, urban regions, agriculture lands, and portions of the desert where the local government is responsible for wildfire protection. This is typically provided by city fire departments, fire protection districts, counties, and by CAL FIRE under contract.

FHSZ Mapping. FHSZ for SRA and LRA reflect potential wildfire hazard across the state. Specifically the Moderate, High, and Very High FHSZ are where more intense wildfire is likely to occur and impact people or physical assets (buildings, utilities, watersheds, timber, etc.). The assessment of FHSZ does not include the effects of any mitigation actions, such as a strong fire suppression response, well-managed fuel breaks, hardened homes, evacuation routes, defensible space, community education, spaced housing, or any number of actions that reduce fire impact. While a severe fire may be very likely to occur in a certain place, the impact of that fire is not measured for these maps. It is also important to note that the FHSZ maps do not include areas that are already urbanized. Therefore, many potentially fire-prone neighborhoods that are somewhat close to WUI are not given a FHSZ classification.

FHSZ maps for both SRA and LRA are available on Fire Marshal’s website.^[1] As noted above, FHSZ maps evaluate “hazard,” not “risk”. They are like flood zone maps, where lands are described in terms of the probability level of a particular area being inundated by floodwaters, and not specifically prescriptive of impacts. “Hazard” is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period. FHSZ maps are developed using a science-based and field-tested model that assigns a hazard score based on the factors that influence fire likelihood and fire behavior. Many factors are considered such as fire history, existing and potential fuel (natural vegetation), predicted flame length, blowing embers, terrain, and typical fire weather for the area. The Office of the State Fire Marshal adopted the final maps for SRA on January 31, 2024, which became effective April 1, 2024.

ITPs. CESA was enacted to prevent the extinction of fish, wildlife, plant, and invertebrate species by relying on scientific analysis to determine which species face extinction and impose protections for those species that are in peril. The overarching intent of CESA is to regulate and impose mitigation on activities that could contribute to the extinction of species. Species are referred to as “listed” if they have been designated as “threatened” or “endangered” under CESA. When a new species is proposed to be listed, it benefits from the same protections as listed species during its candidacy period. CESA prohibits the “take” of a listed species. “Take” means to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.

ITPs are granted as exceptions under CESA to enable the prohibited take of listed species during otherwise lawful activity. Examples of “lawful activities” for which an ITP may be issued include infrastructure development, housing development, transportation, and scientific research. DFW may not approve an ITP for a listed species if the activity for which the permit is sought would jeopardize the continued existence of the species. Impacts to listed species must be minimized and fully mitigated and those mitigation measures must be roughly proportional to the extent of the impact. CEQA compliance is necessary for receipt of an ITP.

California Vegetation Treatment Program (CalVTP). CalVTP, developed by the Forestry Board, is a critical component of the state’s multi-faceted strategy to address California’s wildfire crisis. The CalVTP includes the use of prescribed burning, mechanical treatments, manual treatments, herbicide application, and prescribed herbivory as tools to reduce hazardous vegetation around communities in the WUI, to construct fuel breaks (shaded or non-shaded), and to promote ecological restoration. The CalVTP Program Environmental Impact Report provides a powerful CEQA compliance tool to expedite the implementation of wildfire resilience projects. CalVTP is available for SRA and can only be used on LRA if fuel breaks from SRA extend on to LRA.

Species mapping. DFW maintains a variety of maps in its Biogeographic Information and Observation System (BIOS). BIOS is designed to enable the management, visualization, and analysis of biogeographic data collected by DFW and is partner organizations. BIOS includes the California Natural Diversity Database (CNDDB).^[2] CNDDB is an inventory of the status and locations of rare plants and animals in California. This dataset is updated monthly, but is not considered a public database to prevent the revealing the exact locations of rare species. The concern is that, while it is important that the CNDDB information is available to those whose job it is to conserve species, there is the very real possibility that some people will use the detailed location information to do harm to a species or its habitat. The CNDDB QuickView Tool presents CNDDB data in a generalized manner to protect species.

1. Proposed committee amendments. Local agencies responsible for fire management activities do not necessarily have access to CalVTP and, according to the sponsor of this bill, have a difficult time knowing if an ITP is needed for planned fire preparedness activities and then deal with long permitting delays. To improve this communication and expedite permitting while maintaining the standards of CESA and an ITP, the Committee may wish to ask the author to accept the following amendments:

Amendment 1 – modify the route proposed in the bill to be a mechanisms for inquiry regarding the need for an ITP and remove the ITP exemption:

 (a) A city, county, city and county, special district, or other local agency may submit to the department a locally designed voluntary program application to conduct wildfire preparedness activities on land designated as a fire hazard severity zone, pursuant to subdivision (a) of Section 51179 of the Government Code or Section 4203 of Public Resources Code, that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species., and does all of the following: The locally designed voluntary program shall include all of the following:

(1) Protects communities from the threat of wildfire through vegetation management practices that, to the maximum extent practicable, avoid and minimize the take of candidate, endangered, and threatened species, while encouraging the enhancement of habitat.

(2) Is supported by the best available scientific information for both wildfire preparedness and conservation practices.

(3) Is designed to provide sufficient flexibility to maximize participation and to gain the maximum protection of life and property from the threat of wildfire without compromising wildlife benefits.

(b) An application submitted pursuant to subdivision (a) shall include all of the following:

(1) The name and contact information of the participating local agency.

(2) A brief description of the planned wildfire preparedness activities, including a description of the lands within the fire hazard severity zone.

(3) The approximate dates for which wildfire preparedness activities are proposed to occur.

(4) A description of how the local agency is compliant with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), and any planned environmental mitigation or conservation measures the local agency plans to take.

(c) (1) Within 90 days of receipt of the application, the department shall notify the local agency if an incidental take permit or other permits are needed, or if other considerations, exemptions, or streamlined pathways, such as the Board of Forestry’s California Vegetative Treatment Program, are available for the wildfire preparedness activities to move forward. approve or deny the application and notify the local agency of the approval or denial.

(2) In its notification, the department shall provide the local agency with the following, as applicable: The department shall provide an approved applicant with the terms and conditions within 30 days of approval to initiate the locally designed voluntary program, in lieu of an incidental take permit, which shall include all of the following:

(A) A description of the vegetation management activities to be conducted.

(B)(A) A description of candidate, endangered, and threatened species within the program area.

(C)(B) Reasonable measures to avoid or minimize, minimize, and fully mitigate the take of candidate, endangered, and threatened species during vegetative management practices under the program.

(D) Procedures that allow the local agency to notify the department 15 days before vegetation management practices take place and an opportunity for the department to respond within 15 days.

(E) A provision that identifies that the local agency shall have the ability to cease participation in a program without penalty at any time.

(3) The department shall consult with the Board of Forestry under the California Natural Resources Agency if technical assistance is needed.

(3) (A) If an application is denied, the department shall provide the local agency with 30 days to address any deficiencies and resubmit the application to the department for review. The department shall, within 30 days, review the resubmission to evaluate if the local agency addressed the deficiencies and notify the local agency if the resubmission is approved or denied.

(B) If a resubmission is approved, the department shall follow the procedures of paragraph (2).

(C) If a resubmission is denied, the local agency may seek technical assistance support from the State Board of Forestry and Fire Protection within the Department of Forestry and Fire Protection. The local agency shall not be precluded from resubmitting an application.

(4) A local agency and the department may mutually agree to an extension of any time limit provided under this subdivision.

(d) This section does not preclude a local agency and the department from mutually agreeing to an extension of the timeline under subdivision (c). The local agency shall not be precluded from resubmitting an application, if necessary, following the procedures described in subdivision (c).

(e d) The department shall make publicly available on its internet website a standard application form and template terms and conditions.

(f) (1) If the department determines activities in an application require an incidental take permit, the department shall approve or deny an incidental take permit, consistent with Fish and Game Code Section 2081, within 45 days of receiving a complete incidental take permit application.

(2) Locally designed voluntary programs shall receive an incidental take permit term of no less than five years and shall be eligible for a permit renewal authorization by the department.

(e) The department shall automatically renew the authorization for locally designed voluntary programs every 10 years.

(f) Commencing January 1, 2026, the department shall annually post a summary of the locally designed voluntary program application submissions on its internet website, including, but not limited to, the status of the locally designed voluntary programs applications submitted, including and from which regions of the state, the date when the application was approved or denied and the date when the application can be renewed, if applicable. submitted and the number of incidental take permits issued, and a summary of the other considerations, exemptions, or streamlined pathways advised to applicants to use to advance wildfire preparedness activities.

Amendment 2 — include the CalVTP lands in the maps:

 (a) (1) The department, by January 1, 2026, in consultation with the Office of the State Fire Marshal, and using existing data and information collected by the department and the office, including land under the Board of Forestry’s California Vegetative Treatment Program, shall develop maps identifying critical habitats within lands designated as fire hazard severity zones, pursuant to subdivision (a) of Section 51179 of the Government Code or Section 4203 of Public Resources Code.

(2) The department shall update the maps at least once every five years.

(b) The maps shall be made available to a city, county, city and county, special district, or other local agency for wildfire planning and preparedness purposes in order to protect life and property.

1. Arguments in support. Numerous cities and other organizations write in support of this bill. They reference the devastation of wildfire and their duty to prioritize wildfire preparedness activities and public safety while upholding environmental laws. The sponsors indicate that local agencies “have experienced long delays spanning multiple fire seasons when trying to accelerate these types of wildfire preparedness efforts on LRAs” and that the consultation with DFW ensures any potential harm to species can be avoided. These entities indicate that maps that overlay critical habitat and [FHSZ] would provide “a shared understanding of the critical habitat and species DFW is monitoring and to ensure environmental protections are in place for wildfire preparedness activities to occur.”

REGISTERED SUPPORT / OPPOSITION:

Support

League of California Cities (Sponsor)
City of Torrance
California Association of Winegrape Growers
City of Bradbury
City of La Verne
City of Monrovia
City of Pasadena
City of San Luis Obispo
City of Thousand Oaks
City of Vista
East Bay Regional Park District
El Dorado Irrigation District
Los Angeles Area Fire Chiefs Association
Wine Institute

Opposition

None on file

Analysis Prepared by: Stephanie Mitchell / W., P., & W. / (916) 319-2096

1. Fire Hazard Severity Zones. ↑

2. CNDDB Maps and Data ↑