SB 1014: Wildfire safety: The California Wildfire Mitigation Strategic Planning Act.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2024-05-16
Current Status:
Failed
(2024-08-15: August 15 hearing: Held in committee and under submission.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law establishes the Office of the State Fire Marshal in the Department of Forestry and Fire Protection and establishes the Deputy Director of Community Wildfire Preparedness and Mitigation within the office. Existing law makes the deputy director responsible for fire preparedness and mitigation missions of the department, as provided.
This bill would require the deputy director, on or before January 1, 2026, and every 3 years thereafter, to prepare a Wildfire Risk Mitigation Planning Framework sufficient to quantitatively evaluate wildfire risk mitigation actions, as provided. The bill would require the framework to allow for geospatial evaluation and comparison of wildfire risk mitigation actions, as defined, sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning.This bill would require the deputy director, on or before April 1, 2026, and every 3 years thereafter, to prepare a Wildfire Risk Baseline and Forecast for the state delineated on a statewide level and by county, as provided. The bill would require the forecast to include geographic specificity as determined by the deputy director to be sufficient to evaluate targeted wildfire risk mitigation actions, and to accomplish specific things, including establishing key risk metrics for wildfire risk for the state as a whole, by county, and by geographic location.This bill would require the deputy director, on or before August 1, 2026, to prepare a Wildfire Mitigation Scenarios Report, to be updated annually. The bill would require the report to contain specified information, including identification of a reasonable range of possible scenarios for overall wildfire risk mitigation spending, as provided. The planning. The bill would require the deputy director to make the framework available as a planning tool to specified entities and to, each year the framework, forecast, or report framework is completed, submit a copy of the framework, forecast, or report, respectively, framework to the Legislature, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.
This bill would authorize the deputy director to contract with a private consultant or a public university with special expertise in quantitative assessment of wildfire risk and risk mitigation to conduct quantitative assessment of wildfire and community risk modeling and for preparation of reports to accomplish the purposes of this act.
Existing law establishes the Office of the State Fire Marshal in the Department of Forestry and Fire Protection and establishes the Deputy Director of Community Wildfire Preparedness and Mitigation within the office. Existing law makes the deputy director responsible for fire preparedness and mitigation missions of the department, as provided.
This bill would require the deputy director, on or before January 1, 2026, and every 3 years thereafter, to prepare a Wildfire Risk Mitigation Planning Framework sufficient to quantitatively evaluate wildfire risk mitigation actions, as provided. The bill would require the framework to allow for geospatial evaluation and comparison of wildfire risk mitigation actions, as defined, sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning. The bill would require the deputy director to, each year the framework is completed, submit a copy of the framework to the Legislature, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.
This bill would require the deputy director, on or before April 1, 2026, and every 3 years thereafter, to prepare a Wildfire Risk Baseline and Forecast for the state delineated on a statewide level and by county, as provided. The bill would require the forecast to include geographic specificity as determined by the deputy director to be sufficient to evaluate targeted wildfire risk mitigation actions, and to accomplish specific things, including establishing key risk metrics for wildfire risk for the state as a whole, by county, and by geographic location. The bill would require the deputy director to, each year the forecast is completed, submit a copy of the forecast to the Legislature, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.
This bill would require the deputy director, on or before August 1, 2026, to prepare a Wildfire Mitigation Scenarios Report, to be updated annually. The bill would require the report to contain specified information, including identification of a reasonable range of possible scenarios for overall wildfire risk mitigation spending, as provided. The bill would require the deputy director to, each year the framework, forecast, or report is completed, submit a copy of the framework, forecast, or report, respectively, to the Legislature, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.
This bill would authorize the deputy director to contract with a private consultant or a public university with special expertise in quantitative assessment of wildfire risk and risk mitigation to conduct quantitative assessment of wildfire and community risk modeling and for preparation of reports to accomplish the purposes of this act.
Existing law establishes the Office of the State Fire Marshal in the Department of Forestry and Fire Protection and establishes the Deputy Director of Community Wildfire Preparedness and Mitigation within the office. Existing law makes the deputy director responsible for fire preparedness and mitigation missions of the department, as provided.
This bill would require the deputy director, on or before January 1, 2026, and every 3 years thereafter, to prepare a Wildfire Risk Mitigation Planning Framework sufficient to quantitatively evaluate wildfire risk mitigation actions, as provided. The bill would require the framework to allow for geospatial evaluation and comparison of wildfire risk mitigation actions, as defined, sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning. The bill would require the deputy director to, each year the framework is completed, submit a copy of the framework to the Legislature, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.
This bill would require the deputy director, on or before April 1, 2026, and every 3 years thereafter, to prepare a Wildfire Risk Baseline and Forecast for the state delineated on a statewide level and by county, as provided. The bill would require the forecast to include geographic specificity as determined by the deputy director to be sufficient to evaluate targeted wildfire risk mitigation actions, and to accomplish specific things, including establishing key risk metrics for wildfire risk for the state as a whole, by county, and by geographic location. The bill would require the deputy director to, each year the forecast is completed, submit a copy of the forecast to the Legislature, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.
This bill would require the deputy director, on or before August 1, 2026, to prepare a Wildfire Mitigation Scenarios Report, to be updated annually. The bill would require the report to contain specified information, including identification of a reasonable range of possible scenarios for overall wildfire risk mitigation spending, as provided.
This bill would authorize the deputy director to contract with a private consultant or a public university with special expertise in quantitative assessment of wildfire risk and risk mitigation to conduct quantitative assessment of wildfire and community risk modeling and for preparation of reports to accomplish the purposes of this act.
The Legislature finds and declares all of the following:
(a)Wildfires have caused unacceptable catastrophic losses to local communities, the state, and its residents over the past decade.
(b)Increased wildfire risk is being driven by climate change, drought, and the accumulation of fuels due to historic wildfire suppression.
(c)The California Wildfire and Forest Resilience Task Force has found that more frequent, larger, high-severity wildfires threaten a broad range of communities throughout the state, contributing to the loss of human life and property damage.
(d)Smoke from unplanned wildfires has a detrimental impact on human health and poses an elevated risk to vulnerable populations, such as the elderly, children, pregnant women, those with certain underlying health conditions, and outdoor workers.
(e)Since many of the states ecosystems are fire adapted, uncharacteristic fire regimes created by historic fire suppression policies threaten ecological health, hinder the ability of ecosystems to support biodiversity and vital ecosystem services, and contribute to soil erosion, diminished water quality, and impeded forest regeneration.
(f)Governor Gavin Newsom and the Legislature have identified the urgent need for utilities to invest in safe and reliable service while minimizing ratepayer impacts and protecting energy affordability.
(g)The Natural Resources Agency, the United States Forest Service, and the United States Bureau of Land Management have identified the urgent need for land managers to invest in stewardship of forests and landscapes to improve wildfire resilience in the face of climate change.
(h)The January 2021 report from the California Wildfire and Forest Resilience Task Force identified the need for greater landscape-scale treatments to reduce the risk of catastrophic wildfire and recognized the importance of building and maintaining regional approaches to wildfire resilience, reflective of the states diverse ecosystems and built environment.
(i)The State of California recognizes the unprecedented challenges posed by wildfires and has responded with historic investments to address landscape-scale wildfire resilience.
(j)Current investments by electric utilities to avoid utility ignitions are much larger than even the recent historic investments in wildfire and forest resilience by the state and federal governments.
(k)Therefore, meeting the complex challenges presented by the modern wildfire crisis necessitates greater collaboration and coordination between the various entities tasked with managing wildfire risk and resilience in California in planning for and targeting wildfire risk mitigation investments.
SEC. 2.Part 7.4 (commencing with Section 15480) is added to Division 3 of Title 2 of the Government Code, to read:7.4.The California Wildfire Mitigation Strategic Planning Act15480.Unless the context otherwise requires, the following definitions govern construction of this part:
(a)Deputy director means the Deputy Director of Community Wildfire Preparedness and Mitigation within the Office of State Fire Marshal.
(b)Forecast means the Wildfire Risk Baseline and Forecast prepared pursuant to Section 15482.(c)(b)Framework means the Wildfire Risk Mitigation Planning Framework prepared pursuant to Section 15481.
(d)Report means the Wildfire Mitigation Scenarios Report prepared pursuant to Section 15483.(e)(c)Risk to spend efficiency means the net present value of monetized reduction in wildfire consequences per dollar of risk mitigation expenditure.
(f)(d)Wildfire mitigation plan means a plan prepared pursuant to Section 8386 of the Public Utilities Code.
(g)(e)Wildfire risk mitigation action means an action undertaken by a private or public actor with the stated purpose of reducing either the chances of a wildfire ignition or the consequences of a wildfire ignition after one occurs, excluding fire suppression activities.
15481.(a)On or before January 1, 2026, and every three years thereafter, the deputy director shall prepare a Wildfire Risk Mitigation Planning Framework sufficient to quantitatively evaluate wildfire risk mitigation actions as determined by the deputy director.
(b)The framework shall be updated in conjunction with the forecast pursuant to Section 15482.(c)(b)The framework shall allow for geospatial evaluation and comparison of wildfire risk mitigation actions sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning.
(d)(c)The framework may incorporate, for each wildfire mitigation action, including near-term and long-term estimates and projections, as determined to be appropriate by the deputy director, all of the following:
(1)The entity or entities responsible for the wildfire risk mitigation action.
(2)Risk events and consequences targeted, including cost and other appropriate metrics of unmitigated damages.
(3)Cost of the wildfire risk mitigation action.
(4)Methodologies for evaluating, and estimates of risk to spend efficiency of, the wildfire risk mitigation action.
(5)Geographic areas to which the wildfire risk mitigation action applies.
(6)Interactions, cobenefits, and joint impacts with other wildfire risk mitigation activities.
(7)Interactions and joint impacts with climate change, drought, past wildfires, and other environmental factors and environmental metrics, as appropriate.
(8)Effects on stakeholders and other affected parties.
(9)Personnel requirements to effectuate the wildfire risk mitigation action.
(10)Other factors as determined to be appropriate by the deputy director.
(e)(d)The deputy director shall make the framework available as a planning tool for all entities included in the report pursuant to paragraph (2) of subdivision (b) of Section 15483. planning and likely to engage in statewide wildfire risk mitigation actions, including the following:
(1)State agencies.
(2)Federal agencies.
(3)Electric utilities.
(4)Municipalities and local governments.
(5)Nongovernmental organizations and private actors seeking funding.
(f)(e)The deputy director shall, each year the framework is completed, submit a copy of the framework to the Legislature notwithstanding Section 10231.5 and in compliance with Section 9795, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.
(g)(f)To the maximum extent possible, the deputy director shall make the factual and analytical basis for the framework available to the public on its internet website.
15482.(a)On or before April 1, 2026, and every three years thereafter, the deputy director shall prepare a Wildfire Risk Baseline and Forecast for the State of California delineated on a statewide level and by county, and shall include geographic specificity as determined by the deputy director to be sufficient to evaluate targeted wildfire risk mitigation actions.(b)The forecast shall be prepared in coordination with the wildfire mitigation plan.(c)The forecast shall accomplish all of the following:(1)Contain, at a minimum, estimates of current ignition risk and an evaluation of the consequences of potential ignitions to human life and safety, structures and critical infrastructure, cultural and historic resources, public health, ecosystems and ecosystem services, and any other material consequences as determined by the deputy director.(2)Establish key risk metrics for wildfire risk for the state as a whole, by county, and by geographic location.(3)Establish reasonable levels of unmitigated planned risk for the state to assume and manage through fire suppression.(4)Include an estimated wildfire risk and consequence, in 1-year, 3-year, and 10-year projections, assuming implementation and extension of current wildfire risk mitigation actions.(5)Include targets for wildfire risk reduction for the State of California in 1, 3, and 10 years.(6)Beginning January 1, 2029, evaluate current wildfire risk relative to targets established according to paragraph (5) in the most recent prior forecast.(d)The forecast may take into account the contribution to wildfire risk and consequence created by all of the following factors:(1)Weather.(2)Fuel type and fuel loading.(3)Historic fire regimes and changing fire patterns.(4)Climate change.(5)Human population and population density.(6)Development patterns.(7)Electric infrastructure.(8)Other factors as determined to be relevant by the deputy director.(e)The deputy director shall, each year the forecast is completed, submit a copy of the forecast to the Legislature notwithstanding Section 10231.5 and in compliance with Section 9795, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.(f)To the maximum extent practicable, the deputy director shall make available to the public on its internet website the factual and analytical bases for the wildfire risk and consequence estimates included in the forecast.15483.(a)On or before August 1, 2026, the deputy director shall prepare a Wildfire Mitigation Scenarios Report, to be updated annually.(b)The report shall contain all of the following information: (1)Identification of a reasonable range of possible scenarios for overall wildfire risk mitigation spending over the next one-year and three-year periods.(2)Planned and likely statewide wildfire risk mitigation actions by all of the following entities:(A)State agencies.(B)Federal agencies.(C)Electric utilities.(D)Municipalities and local governments.(E)Nongovernmental organizations and private actors seeking state funding.(F)Federally recognized Native American tribes.(G)Other stakeholders as determined appropriate by the deputy director.(3)A quantification of the overall risk reduction achieved via implementation of all planned and potential wildfire risk mitigation actions relative to the baseline level of unmitigated risk contained in the most recent forecast.(4)A quantification of the risk-spend efficiency of all planned wildfire risk mitigation actions using the framework.(5)Using the framework, identification and description, in detail, of one or more cost-effective statewide wildfire risk reduction strategies that are approximately equal in cost to planned spending by all entities identified in the report and that achieve maximum estimated reduction in overall wildfire risk and consequence for the State of California.(6)Recommendations on how to achieve better coordination, risk to spend efficiency, and overall cost-effectiveness, in specific regions and statewide, between utility-related wildfire mitigation investments made pursuant to a wildfire mitigation plan and nonutility wildfire mitigation investments.(c)The deputy director shall, each year upon its completion, submit a copy of the report to the Legislature notwithstanding Section 10231.5 and in compliance with Section 9795, the Office of Energy Infrastructure Safety, and the Public Utilities Commission, for review and consideration.(d)To the maximum extent practicable, the deputy director shall make available to the public on its internet website the factual and analytical bases for the report. 15484.15482.The deputy director may contract with a private consultant or a public university with special expertise in the quantitative assessment of wildfire risk and risk mitigation to conduct quantitative wildfire and community risk modeling and for preparation of reports in order to accomplish the purposes of Sections 15481, 15482, and 15483. Section 15481.
The Legislature finds and declares all of the following:
(a)Wildfires have caused unacceptable catastrophic losses to local communities, the state, and its residents over the past decade.
(b)Increased wildfire risk is being driven by climate change, drought, and the accumulation of fuels due to historic wildfire suppression.
(c)The California Wildfire and Forest Resilience Task Force has found that more frequent, larger, high-severity wildfires threaten a broad range of communities throughout the state, contributing to the loss of human life and property damage.
(d)Smoke from unplanned wildfires has a detrimental impact on human health and poses an elevated risk to vulnerable populations, such as the elderly, children, pregnant women, those with certain underlying health conditions, and outdoor workers.
(e)Since many of the states ecosystems are fire adapted, uncharacteristic fire regimes created by historic fire suppression policies threaten ecological health, hinder the ability of ecosystems to support biodiversity and vital ecosystem services, and contribute to soil erosion, diminished water quality, and impeded forest regeneration.
(f)Governor Gavin Newsom and the Legislature have identified the urgent need for utilities to invest in safe and reliable service while minimizing ratepayer impacts and protecting energy affordability.
(g)The Natural Resources Agency, the United States Forest Service, and the United States Bureau of Land Management have identified the urgent need for land managers to invest in stewardship of forests and landscapes to improve wildfire resilience in the face of climate change.
(h)The January 2021 report from the California Wildfire and Forest Resilience Task Force identified the need for greater landscape-scale treatments to reduce the risk of catastrophic wildfire and recognized the importance of building and maintaining regional approaches to wildfire resilience, reflective of the states diverse ecosystems and built environment.
(i)The State of California recognizes the unprecedented challenges posed by wildfires and has responded with historic investments to address landscape-scale wildfire resilience.
(j)Current investments by electric utilities to avoid utility ignitions are much larger than even the recent historic investments in wildfire and forest resilience by the state and federal governments.
(k)Therefore, meeting the complex challenges presented by the modern wildfire crisis necessitates greater collaboration and coordination between the various entities tasked with managing wildfire risk and resilience in California in planning for and targeting wildfire risk mitigation investments.
SEC. 2.Part 7.4 (commencing with Section 15480) is added to Division 3 of Title 2 of the Government Code, to read:7.4.The California Wildfire Mitigation Strategic Planning Act15480.Unless the context otherwise requires, the following definitions govern construction of this part:
(a)Deputy director means the Deputy Director of Community Wildfire Preparedness and Mitigation within the Office of State Fire Marshal.
(b)Forecast means the Wildfire Risk Baseline and Forecast prepared pursuant to Section 15482.
(c)Framework means the Wildfire Risk Mitigation Planning Framework prepared pursuant to Section 15481.
(d)Report means the Wildfire Mitigation Scenarios Report prepared pursuant to Section 15483.
(e)Risk to spend efficiency means the net present value of monetized reduction in wildfire consequences per dollar of risk mitigation expenditure.
(f)Wildfire mitigation plan means a plan prepared pursuant to Section 8386 of the Public Utilities Code.
(g)Wildfire risk mitigation action means an action undertaken by a private or public actor with the stated purpose of reducing either the chances of a wildfire ignition or the consequences of a wildfire ignition after one occurs, excluding fire suppression activities.
15481.(a)On or before January 1, 2026, and every three years thereafter, the deputy director shall prepare a Wildfire Risk Mitigation Planning Framework sufficient to quantitatively evaluate wildfire risk mitigation actions as determined by the deputy director.
(b)The framework shall be updated in conjunction with the forecast pursuant to Section 15482.
(c)The framework shall allow for geospatial evaluation and comparison of wildfire risk mitigation actions sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning.
(d)The framework may incorporate, for each wildfire mitigation action, including near-term and long-term estimates and projections, as determined to be appropriate by the deputy director, all of the following:
(1)The entity or entities responsible for the wildfire risk mitigation action.
(2)Risk events and consequences targeted, including cost and other appropriate metrics of unmitigated damages.
(3)Cost of the wildfire risk mitigation action.
(4)Methodologies for evaluating, and estimates of risk to spend efficiency of, the wildfire risk mitigation action.
(5)Geographic areas to which the wildfire risk mitigation action applies.
(6)Interactions, cobenefits, and joint impacts with other wildfire risk mitigation activities.
(7)Interactions and joint impacts with climate change, drought, past wildfires, and other environmental factors and environmental metrics, as appropriate.
(8)Effects on stakeholders and other affected parties.
(9)Personnel requirements to effectuate the wildfire risk mitigation action.
(10)Other factors as determined to be appropriate by the deputy director.
(e)The deputy director shall make the framework available as a planning tool for all entities included in the report pursuant to paragraph (2) of subdivision (b) of Section 15483.
(f)The deputy director shall, each year the framework is completed, submit a copy of the framework to the Legislature notwithstanding Section 10231.5 and in compliance with Section 9795, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.
(g)To the maximum extent possible, the deputy director shall make the factual and analytical basis for the framework available to the public on its internet website.
15482.(a)On or before April 1, 2026, and every three years thereafter, the deputy director shall prepare a Wildfire Risk Baseline and Forecast for the State of California delineated on a statewide level and by county, and shall include geographic specificity as determined by the deputy director to be sufficient to evaluate targeted wildfire risk mitigation actions.
(b)The forecast shall be prepared in coordination with the wildfire mitigation plan.
(c)The forecast shall accomplish all of the following:
(1)Contain, at a minimum, estimates of current ignition risk and an evaluation of the consequences of potential ignitions to human life and safety, structures and critical infrastructure, cultural and historic resources, public health, ecosystems and ecosystem services, and any other material consequences as determined by the deputy director.
(2)Establish key risk metrics for wildfire risk for the state as a whole, by county, and by geographic location.
(3)Establish reasonable levels of unmitigated planned risk for the state to assume and manage through fire suppression.
(4)Include an estimated wildfire risk and consequence, in 1-year, 3-year, and 10-year projections, assuming implementation and extension of current wildfire risk mitigation actions.
(5)Include targets for wildfire risk reduction for the State of California in 1, 3, and 10 years.
(6)Beginning January 1, 2029, evaluate current wildfire risk relative to targets established according to paragraph (5) in the most recent prior forecast.
(d)The forecast may take into account the contribution to wildfire risk and consequence created by all of the following factors:
(1)Weather.
(2)Fuel type and fuel loading.
(3)Historic fire regimes and changing fire patterns.
(4)Climate change.
(5)Human population and population density.
(6)Development patterns.
(7)Electric infrastructure.
(8)Other factors as determined to be relevant by the deputy director.
(e)The deputy director shall provide recommendations in the report on how to achieve better coordination, risk to spend efficiency, and overall cost-effectiveness, in specific regions and statewide, between utility-related wildfire mitigation investments made pursuant to a wildfire mitigation plan and nonutility wildfire mitigation investments.(f)(e)The deputy director shall, each year the forecast is completed, submit a copy of the forecast to the Legislature notwithstanding Section 10231.5 and in compliance with Section 9795, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.
(g)(f)To the maximum extent practicable, the deputy director shall make available to the public on its internet website the factual and analytical bases for the wildfire risk and consequence estimates included in the forecast.
15483.(a)On or before August 1, 2026, the deputy director shall prepare a Wildfire Mitigation Scenarios Report, to be updated annually.
(b)The report shall contain all of the following information:
(1)Identification of a reasonable range of possible scenarios for overall wildfire risk mitigation spending over the next one-year and three-year periods.
(2)Planned and likely statewide wildfire risk mitigation actions by all of the following entities:
(A)State agencies.
(B)Federal agencies.
(C)Electric utilities.
(D)Municipalities and local governments.
(E)Nongovernmental organizations and private actors seeking state funding.
(F)Federally recognized Native American tribes.
(F)(G)Other stakeholders as determined appropriate by the deputy director.
(3)A quantification of the overall risk reduction achieved via implementation of all planned and potential wildfire risk mitigation actions relative to the baseline level of unmitigated risk contained in the most recent forecast.
(4)A quantification of the risk-spend efficiency of all planned wildfire risk mitigation actions using the framework.
(5)Using the framework, identification and description, in detail, of one or more cost-effective statewide wildfire risk reduction strategies that are approximately equal in cost to planned spending by all entities identified in the report and that achieve maximum estimated reduction in overall wildfire risk and consequence for the State of California.
(6)Recommendations on how to achieve better coordination, risk to spend efficiency, and overall cost-effectiveness, in specific regions and statewide, between utility-related wildfire mitigation investments made pursuant to a wildfire mitigation plan and nonutility wildfire mitigation investments.
(c)The deputy director shall, each year upon its completion, submit a copy of the report to the Legislature notwithstanding Section 10231.5 and in compliance with Section 9795, the Office of Energy Infrastructure Safety, and to the Public Utilities Commission, for review and consideration.
(d)To the maximum extent practicable, the deputy director shall make available to the public on its internet website the factual and analytical bases for the report.
15484.The deputy director may contract with a private consultant or a public university with special expertise in the quantitative assessment of wildfire risk and risk mitigation to conduct quantitative wildfire and community risk modeling and for preparation of reports in order to accomplish the purposes of Sections 15481, 15482, and 15483.
The Legislature finds and declares all of the following:
(a)Wildfires have caused unacceptable catastrophic losses to local communities, the state, and its residents over the past decade.
(b)Increased wildfire risk is being driven by climate change, drought, and the accumulation of fuels due to historic wildfire suppression.
(c)The California Wildfire and Forest Resilience Task Force has found that more frequent, larger, high-severity wildfires threaten a broad range of communities throughout the state, contributing to the loss of human life and property damage.
(d)Smoke from unplanned wildfires has a detrimental impact on human health and poses an elevated risk to vulnerable populations, such as the elderly, children, pregnant women, those with certain underlying health conditions, and outdoor workers.
(e)Since many of the states ecosystems are fire adapted, uncharacteristic fire regimes created by historic fire suppression policies threaten ecological health, hinder the ability of ecosystems to support biodiversity and vital ecosystem services, and contribute to soil erosion, diminished water quality, and impeded forest regeneration.
(f)Governor Gavin Newsom and the Legislature have identified the urgent need for utilities to invest in safe and reliable service while minimizing ratepayer impacts and protecting energy affordability.
(g)The Natural Resources Agency, the United States Forest Service, and the United States Bureau of Land Management have identified the urgent need for land managers to invest in stewardship of forests and landscapes to improve wildfire resilience in the face of climate change.
(h)The January 2021 report from the California Wildfire and Forest Resilience Task Force identified the need for greater landscape-scale treatments to reduce the risk of catastrophic wildfire and recognized the importance of building and maintaining regional approaches to wildfire resilience, reflective of the states diverse ecosystems and built environment.
(i)The State of California recognizes the unprecedented challenges posed by wildfires and has responded with historic investments to address landscape-scale wildfire resilience.
(j)Current investments by electric utilities to avoid utility ignitions are much larger than even the recent historic investments in wildfire and forest resilience by the state and federal governments.
(k)Therefore, meeting the complex challenges presented by the modern wildfire crisis necessitates greater collaboration and coordination between the various entities tasked with managing wildfire risk and resilience in California in planning for and targeting wildfire risk mitigation investments.
SEC. 2.Part 7.4 (commencing with Section 15480) is added to Division 3 of Title 2 of the Government Code, to read:7.4.The California Wildfire Mitigation Strategic Planning Act15480.Unless the context otherwise requires, the following definitions govern construction of this part:
(a)Deputy director means the Deputy Director of Community Wildfire Preparedness and Mitigation within the Office of State Fire Marshal.
(b)Forecast means the Wildfire Risk Baseline and Forecast prepared pursuant to Section 15482.
(c)Framework means the Wildfire Risk Mitigation Planning Framework prepared pursuant to Section 15481.
(d)Report means the Wildfire Mitigation Scenarios Report prepared pursuant to Section 15483.
(e)Risk to spend efficiency means the net present value of monetized reduction in wildfire consequences per dollar of risk mitigation expenditure.
(f)Wildfire mitigation plan means a plan prepared pursuant to Section 8386 of the Public Utilities Code.
(g)Wildfire risk mitigation action means an action undertaken by a private or public actor with the stated purpose of reducing either the chances of a wildfire ignition or the consequences of a wildfire ignition after one occurs, excluding fire suppression activities.
15481.(a)On or before January 1, 2026, and every three years thereafter, the deputy director shall prepare a Wildfire Risk Mitigation Planning Framework sufficient to quantitatively evaluate wildfire risk mitigation actions as determined by the deputy director.
(b)The framework shall be updated in conjunction with the forecast pursuant to Section 15482.
(c)The framework shall allow for geospatial evaluation and comparison of wildfire risk mitigation actions sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning.
(d)The framework may incorporate, for each wildfire mitigation action, including near-term and long-term estimates and projections, as determined to be appropriate by the deputy director, all of the following:
(1)The entity or entities responsible for the wildfire risk mitigation action.
(2)Risk events and consequences targeted, including cost and other appropriate metrics of unmitigated damages.
(3)Cost of the wildfire risk mitigation action.
(4)Methodologies for evaluating, and estimates of risk to spend efficiency of, the wildfire risk mitigation action.
(5)Geographic areas to which the wildfire risk mitigation action applies.
(6)Interactions, cobenefits, and joint impacts with other wildfire risk mitigation activities.
(7)Interactions and joint impacts with climate change, drought, past wildfires, and other environmental factors and environmental metrics, as appropriate.
(8)Effects on stakeholders and other affected parties.
(9)Personnel requirements to effectuate the wildfire risk mitigation action.
(10)Other factors as determined to be appropriate by the deputy director.
(e)The deputy director shall make the framework available as a planning tool for all entities included in the report pursuant to paragraph (2) of subdivision (b) of Section 15483.
(f)The deputy director shall, each year the framework is completed, submit a copy of the framework to the Legislature notwithstanding Section 10231.5 and in compliance with Section 9795, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.
(g)To the maximum extent possible, the deputy director shall make the factual and analytical basis for the framework available to the public on its internet website.
15482.(a)On or before April 1, 2026, and every three years thereafter, the deputy director shall prepare a Wildfire Risk Baseline and Forecast for the State of California delineated on a statewide level and by county, and shall include geographic specificity as determined by the deputy director to be sufficient to evaluate targeted wildfire risk mitigation actions.
(b)The forecast shall be prepared in coordination with the wildfire mitigation plan.
(c)The forecast shall accomplish all of the following:
(1)Contain, at a minimum, estimates of current ignition risk and an evaluation of the consequences of potential ignitions to human life and safety, structures and critical infrastructure, cultural and historic resources, public health, ecosystems and ecosystem services, and any other material consequences as determined by the deputy director.
(2)Establish key risk metrics for wildfire risk for the state as a whole, by county, and by geographic location.
(3)Establish reasonable levels of unmitigated planned risk for the state to assume and manage through fire suppression.
(4)Include an estimated wildfire risk and consequence, in 1-year, 3-year, and 10-year projections, assuming implementation and extension of current wildfire risk mitigation actions.
(5)Include targets for wildfire risk reduction for the State of California in 1, 3, and 10 years.
(6)Beginning January 1, 2029, evaluate current wildfire risk relative to targets established according to paragraph (5) in the most recent prior forecast.
(d)The forecast may take into account the contribution to wildfire risk and consequence created by all of the following factors:
(1)Weather.
(2)Fuel type and fuel loading.
(3)Historic fire regimes and changing fire patterns.
(4)Climate change.
(5)Human population and population density.
(6)Development patterns.
(7)Electric infrastructure.
(8)Other factors as determined to be relevant by the deputy director.
(e)The deputy director shall provide recommendations in the report on how to achieve better coordination, risk to spend efficiency, and overall cost-effectiveness, in specific regions and statewide, between utility-related wildfire mitigation investments made pursuant to a wildfire mitigation plan and nonutility wildfire mitigation investments.
(f)The deputy director shall, each year the forecast is completed, submit a copy of the forecast to the Legislature notwithstanding Section 10231.5 and in compliance with Section 9795, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.
(g)To the maximum extent practicable, the deputy director shall make available to the public on its internet website the factual and analytical bases for the wildfire risk and consequence estimates included in the forecast.
15483.(a)On or before August 1, 2026, the deputy director shall prepare a Wildfire Mitigation Scenarios Report, to be updated annually.
(b)The report shall contain all of the following information:
(1)Identification of a reasonable range of possible scenarios for overall wildfire risk mitigation spending over the next one-year and three-year periods.
(2)Planned and likely statewide wildfire risk mitigation actions by all of the following entities:
(A)State agencies.
(B)Federal agencies.
(C)Electric utilities.
(D)Municipalities and local governments.
(E)Nongovernmental organizations and private actors seeking state funding.
(F)Other stakeholders as determined appropriate by the deputy director.
(3)A quantification of the overall risk reduction achieved via implementation of all planned and potential wildfire risk mitigation actions relative to the baseline level of unmitigated risk contained in the most recent forecast.
(4)A quantification of the risk-spend efficiency of all planned wildfire risk mitigation actions using the framework.
(5)Using the framework, identification and description, in detail, of one or more cost-effective statewide wildfire risk reduction strategies that are approximately equal in cost to planned spending by all entities identified in the report and that achieve maximum estimated reduction in overall wildfire risk and consequence for the State of California.
(6)Recommendations on how to achieve better coordination, risk to spend efficiency, and overall cost-effectiveness, in specific regions and statewide, between utility-related wildfire mitigation investments made pursuant to a wildfire mitigation plan and nonutility wildfire mitigation investments.
(c)The deputy director shall, each year upon its completion, submit a copy of the report to the Legislature notwithstanding Section 10231.5 and in compliance with Section 9795, and to the Public Utilities Commission, for review and consideration.
(d)To the maximum extent practicable, the deputy director shall make available to the public on its internet website the factual and analytical bases for the report.
15484.The deputy director may contract with a private consultant or a public university with special expertise in the quantitative assessment of wildfire risk and risk mitigation to conduct quantitative wildfire and community risk modeling and for preparation of reports in order to accomplish the purposes of Sections 15481, 15482, and 15483.
|
Date
|
Status
|
|---|---|
| Aug 15, 2024 | August 15 hearing: Held in committee and under submission. |
| Jul 2, 2024 | July 2 set for first hearing. Placed on suspense file. |
| Jun 26, 2024 | June 26 hearing postponed by committee. |
| Jun 18, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (June 17). Re-referred to Com. on APPR. |
| Jun 11, 2024 | From committee: Do pass and re-refer to Com. on NAT. RES. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 10). Re-referred to Com. on NAT. RES. |
| Jun 3, 2024 | Referred to Coms. on E.M. and NAT. RES. |
| May 24, 2024 | In Assembly. Read first time. Held at Desk. |
| May 24, 2024 | Read third time. Passed. (Ayes 38. Noes 0. Page 4209.) Ordered to the Assembly. |
| May 22, 2024 | Ordered to special consent calendar. |
| May 20, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 3968.) (May 16). |
| May 16, 2024 | Read second time and amended. Ordered to second reading. |
| May 10, 2024 | Set for hearing May 16. |
| Apr 29, 2024 | April 29 hearing: Placed on APPR suspense file. |
| Apr 22, 2024 | Set for hearing April 29. |
| Apr 17, 2024 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 16, 2024 | From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 10. Noes 0. Page 3607.) (April 15). |
| Apr 2, 2024 | Set for hearing April 15. |
| Mar 12, 2024 | From committee: Do pass and re-refer to Com. on N.R. & W. with recommendation: To consent calendar. (Ayes 16. Noes 0. Page 3283.) (March 12). Re-referred to Com. on N.R. & W. |
| Feb 28, 2024 | Set for hearing March 12. |
| Feb 14, 2024 | Referred to Coms. on G.O. and N.R. & W. |
| Feb 6, 2024 | From printer. May be acted upon on or after March 7. |
| Feb 5, 2024 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 17, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Natural Resources |
Passed |
|
| Jun 10, 2024 | Do pass and be re-referred to the Committee on [Natural Resources] with recommendation: To Consent Calendar | Assembly Standing Committee on Emergency Management |
Passed |
|
| May 24, 2024 | Special Consent SB1014 Dodd | Senate Floor |
Passed |
|
| May 16, 2024 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 29, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 15, 2024 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| Mar 12, 2024 | Do pass, but first be re-referred to the Committee on [Natural Resources and Water] with the recommendation: To Consent Calendar | Senate Standing Committee on Governmental Organization |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Wilderness Coalition | ** Support | |
| El Dorado Irrigation District | ** Support | |
| Humboldt and Mendocino Redwood Companies | ** Support | |
| Humboldt Redwood Company | ** Support | |
| Marin Clean Energy | ** Support | |
| Pacific Forest Trust | ** Support | |
| Pacific Gas and Electric | ** Support | |
| San Diego Gas and Electric | ** Support | |
| Sonoma Clean Power | ** Support | |
| Southern California Edison | ** Support |
Date of Hearing: July 2, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 1014
Author:(Dodd) – As Amended Ver:May 16, 2024
Policy Committee: | Emergency Management | Vote: | 7 - 0 |
Natural Resources | 10 - 0 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Office of the State Fire Marshal (OSFM) to prepare a Wildfire Risk Mitigation Planning Framework (Framework) and make the Framework available as a planning tool for entities likely to engage in statewide wildfire risk mitigation actions.
Specifically, this bill:
- Requires, by January 1, 2026, and every three years thereafter, OSFM’s Deputy Director of Community Wildfire Preparedness and Mitigation to prepare the Framework to quantitatively evaluate wildfire risk mitigation actions. The Framework must allow for geospatial evaluation and comparison of wildfire risk mitigation actions sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning.
- Requires the deputy director to make the Framework available as a planning tool for entities likely to engage in statewide wildfire risk mitigation actions, such as government agencies, electric utilities, and private actors seeking funding, and submit a copy of the Framework to the Legislature, Office of Energy Infrastructure Safety (OEIS), and Public Utilities Commission (PUC) for review and consideration.
- Requires, to the maximum extent possible, the deputy director to make the factual and analytical basis for the Framework available to the public on OSFM’s website.
- Authorizes the deputy director to contract with a private consultant or public university with expertise in the quantitative assessment of wildfire risk and risk mitigation to conduct related modeling and prepare reports to accomplish the above-described Framework requirements.
FISCAL EFFECT:
- Costs of approximately $857,000 in the first year and $311,000 annually thereafter to the Department of Forestry and Fire Protection (CAL FIRE) for an additional research data specialist position and to enter into a contract with an actuarial consulting firm to develop the Framework (General Fund (GF)). CAL FIRE notes the research data specialist would work with the consulting team to develop the Framework and the evaluation of spatial and numerical models used to evaluate risk and risk mitigation spending efficiencies.
- Ongoing costs of an unknown, but potentially significant amount, to OEIS and the PUC to review and consider the Framework, with costs dependent on each agency’s definition of “review and consideration.” For its part, OEIS anticipates annual costs of approximately $711,000 for two analyst positions and one attorney position to review and consider the Framework (Public Utilities Commission Utilities Reimbursement Account). However, the PUC anticipates no additional costs.
According to the Legislative Analyst’s Office, the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
COMMENTS:
- Purpose. The author notes that electric utilities are required to “evaluate their wildfire risk and plan for their wildfire mitigation investments and activities, overseen by [OEIS].” According to the author:
In addition to Utility [Wildfire Mitigation Plans,] the federal, state, and local governments invest significant amounts of funding in wildfire prevention programs. However, there is not an overriding roadmap as to how private and public investments can be best coordinated for maximum effectiveness in reducing wildfire risk. SB 1014 seeks to create that roadmap.
This bill is supported by various investor-owned utilities and community choice aggregation programs, the Union of Concerned Scientists, and forestry entities.
- OSFM’s Wildfire Mitigation Efforts. AB 9 (Wood), Chapter 225, Statutes of 2021, created the Community Wildfire Preparedness and Mitigation Division within OSFM. The division’s deputy director is responsible for the fire preparedness and mitigation missions of CAL FIRE, including oversight of the Fire Prevention Grants Program, establishment of fire hazard severity zones, and consultation with OEIS regarding wildfire mitigation plans. This bill requires the deputy director to prepare and regularly update a Framework to quantitatively evaluate wildfire risk mitigation actions, and make the Framework available as a planning tool for entities likely to engage in statewide wildfire risk mitigation actions.
- Related Legislation. SB 436 (Dodd) is similar to this bill, but requires the Office of Emergency Services, instead of OSFM, to prepare the Framework. SB 436 was held on the Senate Appropriations Committee’s suspense file.
Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081
Date of Hearing: June 17, 2024
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Isaac G. Bryan, Chair
SBPCA Bill Id:SB 1014
Author:(Dodd) – As Amended Ver:May 16, 2024
SENATE VOTE: 38-0
SUBJECT: Wildfire safety: The California Wildfire Mitigation Strategic Planning Act.
SUMMARY: Requires the Deputy Director of Community Wildfire Preparedness and Mitigation (Deputy Director) within the Office of the State Fire Marshal (OSFM), on or before January 1, 2026, and every three years thereafter, to prepare a Wildfire Risk Mitigation Planning Framework (Framework) sufficient to quantitatively evaluate wildfire risk mitigation actions, as provided.
EXISTING LAW:
- Establishes the OSFM in the Department of Forestry and Fire Protection (CAL FIRE) and establishes the Deputy Director within the OSFM. (Public Resources Code (PRC) 4209)
- Makes the Deputy Director responsible for fire preparedness and mitigation missions of CAL FIRE, as provided. (PRC 4209.1)
- Requires each electrical corporation to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. Requires each electrical corporation to annually prepare and submit a wildfire mitigation plan (WMP) for review and approval. Requires the WMP to cover at least a three-year period. (Public Utilities Code 8386)
THIS BILL:
- Defines the following terms:
- “Risk to spend efficiency” as the net present value of monetized reduction in wildfire consequences per dollar of risk mitigation expenditure.
- “Wildfire risk mitigation action” as an action undertaken by a private or public actor with the stated purpose of reducing either the chances of a wildfire ignition or the consequences of a wildfire ignition after one occurs, excluding fire suppression activities.
- Requires, on or before January 1, 2026, and every three years thereafter, the Deputy Director to prepare a Framework sufficient to quantitatively evaluate wildfire risk mitigation actions as determined by the Deputy Director.
- Requires the Framework to allow for geospatial evaluation and comparison of wildfire risk mitigation actions sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning.
- Provides that the Framework may incorporate, for each wildfire mitigation action, near-term and long-term estimates and projections, as determined to be appropriate by the Deputy Director, all of the following:
- The entity or entities responsible for the wildfire risk mitigation action;
- Risk events and consequences targeted, including cost and other appropriate metrics of unmitigated damages;
- Cost of the wildfire risk mitigation action;
- Methodologies for evaluating, and estimates of risk to spend efficiency of, the wildfire risk mitigation action;
- Geographic areas to which the wildfire risk mitigation action applies;
- Interactions, cobenefits, and joint impacts with other wildfire risk mitigation activities;
- Interactions and joint impacts with climate change, drought, past wildfires, and other environmental factors and environmental metrics, as appropriate;
- Effects on stakeholders and other affected parties;
- Personnel requirements to effectuate the wildfire risk mitigation action; and,
- Other factors as determined to be appropriate by the Deputy Director.
- Requires the Deputy Director to make the Framework available as a planning tool for all entities planning and likely to engage in statewide wildfire risk mitigation actions, including state agencies, federal agencies, electric utilities, municipalities and local governments, nongovernmental organizations, and private actors seeking funding.
- Requires the Deputy Director, each year the Framework is completed, to submit a copy of the framework to the Legislature, the Office of Energy Infrastructure Safety, and the Public Utilities Commission (CPUC) for review and consideration.
- Requires, to the maximum extent possible, the Deputy Director to make the factual and analytical basis for the Framework available to the public on its internet website.
- Authorizes the Deputy Director to contract with a private consultant or a public university with special expertise in the quantitative assessment of wildfire risk and risk mitigation to conduct quantitative wildfire and community risk modeling and for preparation of reports.
FISCAL EFFECT: According to the Senate Appropriations Committee, this bill would result in unknown, potentially significant fiscal impact, likely ranging in the hundreds of thousands of dollars, for the Community Wildfire Preparedness and Mitigation division to complete and regularly update the Framework (General Fund).
COMMENTS:
- Author’s statement:
Catastrophic wildfire imposes enormous costs on the State of California and its residents. In the aftermath of the Camp Fire, AB 1054 (Holden, Chapter 79, Statutes of 2019, created a framework under which electric utilities evaluate their wildfire risk and plan for their wildfire mitigation investments and activities, overseen by the Office of Electric Infrastructure Safety within the California Natural Resources Agency. These utility Wildfire Mitigation Plans (WMPs) comprehensively quantify utility-related wildfire risk and help to ensure that utility spending is both adequate and cost-effective in reducing wildfire risks from utility ignition. In addition to Utility WMPs the federal, state, and local governments invest significant amounts of funding in wildfire prevention programs. However, there is not an overriding roadmap as to how private and public investments can be best coordinated for maximum effectiveness in reducing wildfire risk. SB 1014 seeks to create that roadmap.
- Wildfires. In recent years, California has experienced a growing number of highly destructive wildfires. Of the 20 most destructive wildfires in California’s recorded history, 13 have occurred since 2017. Together, these 13 fires caused tremendous damage, destroying nearly 40,000 structures, taking 148 lives, and charring millions of acres. California’s Fourth Climate Change Assessment projects that by 2100, if climate change continues on this trajectory, the frequency of extreme wildfires would increase, and the average area burned statewide would increase by 77%.
To address the threats posed by climate change, it is estimated that as many as 15 million acres of California forests need some form of treatment to maintain or restore forest health and prevent risk of wildfires. The state and United States Forest Service (USFS) have a collective goal to treat one million acres of land annually to reduce fire risk by 2025. CAL FIRE completed about 105,000 acres of fuel treatment, including 36,000 acres of prescribed burns during the 2023 fiscal year, according to state data. The USFS conducted about 312,000 acres of combined treatment and burns.
- Utility lines. Electrical infrastructure is a common ignition point for wildfires. Other common sources of ignition include arson, campfires, equipment use, lightning, and vehicles. In 2019, 10% of wildfires and 65% of acres burned were caused by electrical equipment. In 2018, 9% of wildfires and 23% of acres burned were caused by electrical equipment. While high winds can blow vegetation into utility lines from far distances, removing vegetation in contact with utility lines has been found effective in reducing fire starts.
The 2021 Dixie Fire started on July 13, 2021, and ignited after a Douglas fir tree fell and struck energized conductors owned and operated by PG&E. In 2024, CPUC penalized PG&E with a $45 million settlement for violating the Public Utilities Code and CPUC’s rules, regulations, orders, or decisions.
In 2022, PG&E reached a $117 million settlement agreement in connection with the 2017 North Bay fires and the 2018 Camp fire. A dozen fires that ripped through Northern California in October 2017 were sparked by downed power lines owned by PG&E, according to CAL FIRE. The fires burned across Napa, Sonoma, Humboldt, Butte, and Mendocino counties and killed 19 people. A year later, the Camp fire was sparked in Butte County by faulty electrical equipment operated by PG&E. The fire decimated several communities, including the town of Paradise. In total, 85 people died in the fire, making it the deadliest blaze in the state’s history.
Electric utilities are required to implement WMPs assessing their level of wildfire risk and providing plans for wildfire risk reduction. The six investor owned utilities currently employ an enhanced sensor technology that can sense a disturbance on an energized distribution line and turn the circuit off. If an object makes contact with an energized line, such as a tree that falls on a line as a result of high winds, or an animal chews through the line, the sensor trips the line off.
- Wildfire risk mitigation. In 2019, the Legislature enacted SB 209 (Dodd), Chapter 405, Statutes of 2019, to establish the state’s Wildfire Forecast and Threat Intelligence Integration Center (Center), which requires Office of Emergency Services (Cal OES) and CAL FIRE to jointly establish a first-of-its-kind center focused on wildfire forecasting; wildfire risk, hazard, and threat assessments; fire weather and fire behavior; and, intelligence gathering, analysis, and dissemination. The Center began operations on July 1, 2022, and is developing a statewide wildfire forecast and threat intelligence strategy to improve how wildfire threats are identical, understood, and shared in order to reduce threats to residents, businesses, and governments.
AB 9 (Wood), Chapter 225, Statutes of 2021, created the Community Wildfire Preparedness and Mitigation Division within the OSFM. The Deputy Director is responsible for fire preparedness and mitigation missions of CAL FIRE, including oversight of the Fire Prevention Grants Program, defensible space requirements, the California wildfire mitigation financial assistance program, the establishment of fire hazard severity zones, consultation with the Office of Energy Infrastructure Safety regarding wildfire mitigation plans, general plan safety element review, wildland building code standards, and implementation of the minimum fire safety standards.
This bill requires the Deputy Director to prepare a Wildfire Risk Mitigation Planning Framework sufficient to quantitatively evaluate wildfire risk mitigation actions. The Framework will be required to allow for geospatial evaluation and comparison of wildfire risk mitigation actions, include near-term and long-term estimates and projections for each wildfire mitigation action, and be available as a planning tool for all entities planning and likely to engage in statewide wildfire risk mitigation actions. Those entities include state and federal agencies and electrical utilities, such as PG&E.
- Double referral. This bill was heard in the Assembly Emergency Management Committee on June 10 and approved 7-0.
- Relevant legislation. SB 1101 (Limόn) requires CAL FIRE, on or before January 1, 2026, to identify and map a comprehensive network of potential operational delineations that can be used for strategic wildfire response or the proactive use of prescribed fire. This bill is referred to the Assembly Natural Resources Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California Community Choice Association
El Dorado Irrigation District
Pacific Gas and Electric Company
San Diego Gas & Electric
Southern California Edison
Opposition
None on file
Analysis Prepared by: Paige Brokaw / NAT. RES. /
Date of Hearing: June 10, 2024
ASSEMBLY COMMITTEE ON EMERGENCY MANAGEMENT
Freddie Rodriguez, Chair
SBPCA Bill Id:SB 1014
Author:(Dodd) – As Amended Ver:May 16, 2024
SENATE VOTE: 38-0
SUBJECT: Wildfire safety: The California Wildfire Mitigation Strategic Planning Act
SUMMARY: This bill requires the Deputy Director of Community Wildfire Preparedness and Mitigation (Deputy Director), within the Office of the State Fire Marshal (SFM), to prepare a Wildfire Risk Mitigation Planning Framework, as specified. Specifically, this bill:
- Requires the deputy director to prepare a Wildfire Risk Mitigation Planning Framework that quantitatively evaluates wildfire risk mitigation actions, as specified, by January 1, 2026 and every three years thereafter.
- Requires the framework to allow for geospatial evaluation and comparison of wildfire risk mitigation actions for the purposes of directing coordinated mitigation efforts and planning.
- Authorizes the framework to incorporate items, as specified, for each wildfire mitigation action as determined by the deputy director, including near-term and long-term estimates and projections.
- Requires the deputy to make the framework available as a planning tool for those planning and mitigating wildfire risk, as specified.
- Requires the deputy director to submit a copy of each finished framework, as specified.
- Requires the factual and analytical basis for the framework be published online, to the maximum extent possible.
- Authorizes the deputy director to contract with private consultants or public universities, as specified, to conduct modeling and prepare reports, as specified, to complete the framework.
EXISTING LAW:
- Establishes the Office of the State Fire Marshal and the State Fire Marshal in the Department of Forestry and Fire Protection (Cal FIRE) (Health and Safety Code §13100)
- Requires the State Fire Marshal to aid in the enforcement of all laws and ordinances, any rules and regulations, as specified. (Health and Safety Code § 13104)
- Establishes a Deputy Director of Community Wildfire Preparedness and Mitigation, within the office of the SFM, to be responsible for fire preparedness and mitigation missions for Cal FIRE. (Public Resources Code § 4209)
- Establishes the Wildfire Forecast and Threat Intelligence Integration Center (WFTIIC) to collect, assess, and analyze fire weather data, atmospheric conditions, and other threat indicators that could lead to catastrophic wildfire and to reduce the likelihood and severity of wildfire incidents that could endanger the safety of persons, property, and the environment by developing and sharing intelligence products related to fire weather and fire threat conditions for government decision makers. (Government Code § 8586.7)
FISCAL EFFECT: According to the Senate Committee on Appropriations, “Unknown, potentially significant fiscal impact, likely ranging in the hundreds of thousands of dollars, for the Community Wildfire Preparedness and Mitigation division to complete and regularly update the framework (General Fund).”
COMMENTS:
Purpose of the bill: According to the author, “Catastrophic wildfire imposes enormous costs on the State of California and its residents. In the aftermath of the Camp Fire, AB1054 (Chapter 79, statutes of 2019) created a framework under which electric utilities evaluate their wildfire risk and plan for their wildfire mitigation investments and activities, overseen by the Office of Electric Infrastructure Safety within the California Natural Resources Agency. These utility Wildfire Mitigation Plans comprehensively quantify utility-related wildfire risk and help to ensure that utility spending is both adequate and cost-effective in reducing wildfire risks from utility ignition.”
The author continues, “In addition to Utility WMPs the federal, state and local governments invest significant amounts of funding in wildfire prevention programs. However, there is not an overriding road map as to how private and public investments can be best coordinated for maximum effectiveness in reducing wildfire risk. SB 1014 seeks to create that roadmap.”
Equity Impact: As determined by a report from the State Auditor in 2019, California is not prepared to protect its most vulnerable residents from natural disasters. When an emergency strikes, vulnerable populations, including low income individuals, undocumented individuals, and access and functional needs populations, face the highest risk. The usage of a Wildfire Risk Mitigation Planning framework may enable more effective mitigation actions that will in turn protect these populations that face a greater risk.
Climate Change and Wildfires in California: Climate change, especially rising temperatures and periodic droughts, have made substantial contributions to the area burned in wildfires in California. According to most climatologists, the planet is starting to experience shifts in climate patterns and an increased frequency of extreme weather events. Wildfires that threaten thousands of homes are now an annual occurrence, as autumn days with severe fire-weather prone weather have more than doubled in California since the 1980s. Over the last four decades, the wildfires have increased in size and intensity with five of the six largest fires in California history occurred in 2020 alone. Fifteen of the most destructive fires in the state’s history have occurred since 2015. In 2020 and 2021, fires burned 17,247,979 acres and destroyed more than 14,558 structures. California communities will be recovering from these complex disasters for at least the next decade, all while having to respond to current disasters, and prepare for future disasters.
California’s Fourth Climate Change Assessment projects that by 2100, if climate change continues on this trajectory, the frequency of extreme wildfires would increase, and the average area burned statewide would increase by 77 percent.
Office of the State Fire Marshal's Community Wildfire Preparedness and Mitigation Division: This division collaborates with federal, state, and local agencies, tribes, non-profit entities, and stakeholders to prepare California communities against wildfires. CAL FIRE develops strategies, conducts hazard inspections, and provides education and grants for wildfire prevention efforts, fostering prepared and resilient communities.
Cal OES’s Wildfire Forecast and Threat Intelligence Integration Center: In 2019, the Governor signed into law SB 209 (Dodd), which established Cal OES’s Wildfire Forecast and Threat Intelligence Integration Center: SB 209 requires the deployment of a state-wide network of automated weather and environmental monitoring stations designed to observe mesoscale meteorological phenomena, specifically conditions that increase the threat of wildfires. Additionally, SB 209 requires the development of a statewide fire weather forecasting, monitoring and threat assessment capability and the establishment of the California Wildfire Warning Center (CWWC) to be responsible for ongoing monitoring of fire weather and threat conditions.
California Wildfire Mitigation Program (CWMP): In 2019, AB 38 (Wood), required Cal OES and Cal FIRE to establish a Joint Powers Authority (JPA) to administer the CWMP. The purpose of the CWMP is to harden homes and establish defensible space in high risk, socially vulnerable communities; and provide financial assistance for low- and moderate-income households. These efforts encourage cost-effective wildfire resilience and hazard mitigation measures to create fire-resistant homes, businesses, public buildings, and public spaces.
In coordination with state and local partners, Cal OES and CAL FIRE are establishing a state wildfire home hardening framework that can be modeled throughout vulnerable California communities. The framework will provide the opportunity for California communities to leverage state and federal resources and develop local wildfire home hardening programs that address community resiliency needs. To help expedite local wildfire home hardening program development and inform build-out of the state’s framework, Cal OES and CAL FIRE will provide state funding, resources, and support for demonstration communities to implement community wildfire home hardening projects in areas with high social vulnerability and wildfire risk.
California’s State Hazard Mitigation Plan: The California (CA) State Hazard Mitigation Plan (SHMP) represents the state’s primary hazard mitigation guidance document - providing an updated analysis of the state’s historical and current hazards, hazard mitigation goals and objectives, and hazard mitigation strategies and actions. The plan represents the state’s overall commitment to supporting a comprehensive mitigation strategy to reduce or eliminate potential risks and impacts of disasters in order to promote faster recovery after disasters and, overall, a more resilient state.
Significance of the State Hazard Mitigation Plan (SHMP): The SHMP sets the mitigation priorities, strategies, and actions for the state. The plan also describes how risk assessment and mitigation strategy information is coordinated and linked from local mitigation plans into the SHMP, and provides a resource for local planners of risk information that may affect their planning area. States are required to review and revise its SHMP and resubmit it for FEMA approval at least every five years to ensure the continued eligibility of Stafford Act funding. This includes eligibility for FEMA's hazard mitigation assistance programs: Hazard Mitigation Grant Program (HMGP), Pre-Disaster Mitigation (PDM), and Flood Mitigation Assistance (FMA). This also includes eligibility for the Fire Management Assistance Grant (FMAG) Program and Public Assistance (PA) grants (Categories C-G). Additionally, with an approved and adopted SHMP, the state remains eligible for the reduced cost share for grants awarded under the Flood Mitigation Assistance grant programs.
Local Hazard Mitigation Planning: Because of the history of disasters throughout California, encouraging communities to adopt Local Hazard Mitigation Plans (LHMPs) is a priority. The Federal Disaster Mitigation Act of 2000 (DMA 2000) requires that states review LHMPs as part of their state hazard mitigation planning process. The intent is three‐fold:
1) To gather hazard, vulnerability, and mitigation information from the local level for use in state‐level planning
2) To ensure that state and local hazard mitigation planning is coordinated to the greatest extent practical
3) To ensure that local jurisdictions are made aware of the hazards and vulnerabilities within their jurisdiction and to develop strategies to reduce those vulnerabilities
This process ensures that mitigation actions are based on sound planning processes that account for the risks and capabilities of California communities. Mitigation plans form the foundation for a community’s long term strategy to reduce disaster losses and break the cycle of disaster damage, reconstruction, and repeated damage.
Arguments in Support: According to Pacific Gas and Electric Company (PG&E) and Southern California Edison, “Over the past ten years or more, the IOUs have collectively invested billions of dollars to mitigate the risk of utility-caused catastrophic wildfires and strengthen community resiliency in our respective service territories. Each year, IOUs submit Wildfire Mitigation Plans to the Office of Energy Infrastructure Safety (OEIS), which must include details of mitigation actions, report on progress including metrics, risk trends impacting ignition probability, expenditures, and projected costs among several other required implementation strategies to achieve system safety and reliability.”
They continue, “In recent history, California has faced an increase in frequency and severity of devastating wildfires exacerbated by climate change. Reducing the threat of destructive wildfires is everyone’s responsibility, and SB 1014 is paving the way for the state to lead a more strategic and cross-agency approach relying on data to understand risk, plan for action, and evaluate efficiencies.”
Double referral: Should the Assembly Committee on Emergency Management pass this bill, it will be referred to the Assembly Committee on Natural Resources.
Related Legislation:
SB 1101 (Limón, 2024) requires Cal FIRE to identify and map a comprehensive network of potential operational boundaries that can be used for strategic wildfire response, hazardous fuels management, and prescribed fire, as specified. (Pending in the Assembly Committee on Natural Resources)
AB 2344 (Petrie-Norris, 2024) requires the Wildfire and Forest Resilience Task Force to compile and post on its internet website specified information regarding identified state and federal grant programs relating to fire prevention and resilience, as specified. (Held in the Assembly Appropriations Committee)
AB 2968 (Connolly, 2024) requires a school that is located in “high or very high fire hazard severity zones” to comply with defensible space standards, as specified, and to include in their comprehensive school safety plan procedures related to severe fires, including a communication and evacuation plan, as specified. (Pending referral in the Senate)
SB 436 (Dodd, 2023) would have required OES to develop a Wildfire Risk Mitigation Planning Framework for state and federal agencies, electric utilities, municipalities, and other organizations to collaboratively plan and implement wildfire risk mitigation actions, a Wildfire Risk Baseline and Forecast for the State of California, and an annual Wildfire Mitigation Scenarios Report, as specified. (Held in the Senate Appropriations Committee Suspense File)
SB 209 (Dodd, Chapter 405, Statutes of 2019) established the Wildfire Forecast and Threat Intelligence Integration Center to serve as the state’s integrated central organizing hub for wildfire forecasting, weather information, and threat intelligence gathering, analysis, and dissemination, and to coordinate wildfire threat intelligence and data sharing, as specified.
REGISTERED SUPPORT / OPPOSITION:
Support
California Wilderness Coalition
Edison International and Affiliates, Including Southern California Edison
El Dorado Irrigation District
Humboldt Redwood Company LLC
Marin Clean Energy (MCE)
Pacific Forest Trust
Pacific Gas and Electric Company and Its Affiliated Entities
San Diego Gas and Electric Company
Sonoma Clean Power
Union of Concerned Scientists
Opposition
None on file.
Analysis Prepared by: Ryan Fleming / E.M. / (916) 319-3802
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1014 |
THIRD READING
Bill No: SB 1014
Author: Dodd (D)
Amended: 5/16/24
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 16-0, 3/12/24
AYES: Dodd, Wilk, Alvarado-Gil, Archuleta, Ashby, Bradford, Glazer, Jones, Nguyen, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Smallwood-Cuevas
SENATE NATURAL RES. & WATER COMMITTEE: 10-0, 4/15/24
AYES: Min, Seyarto, Allen, Dahle, Eggman, Hurtado, Laird, Limón, Padilla, Stern
NO VOTE RECORDED: Grove
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
SUBJECT: Wildfire safety: The California Wildfire Mitigation Strategic Planning Act
SOURCE: Author
DIGEST:
This bill, the California Wildfire Mitigation Strategic Planning Act, requires the Deputy Director of Community Wildfire Preparedness and Mitigation (Deputy Director), within the Office of the State Fire Marshal (SFM), to prepare a Wildfire Risk Mitigation Planning Framework, as specified.
ANALYSIS:
Existing law:
- Establishes the Office of the SFM, within the Department of Forestry and Fire Protection (Cal FIRE), and establishes the Deputy Director, as specified.
- Establishes the Wildfire Forecast and Threat Intelligence Integration Center (WFTIIC) to collect, assess, and analyze fire weather data, atmospheric conditions, and other threat indicators that could lead to catastrophic wildfire and to reduce the likelihood and severity of wildfire incidents that could endanger the safety of persons, property, and the environment by developing and sharing intelligence products related to fire weather and fire threat conditions for government decision makers.
This bill:
- Requires the Deputy Director, on or before January 1, 2026, and every three years thereafter, to prepare a Wildfire Risk Mitigation Planning Framework sufficient to quantitatively evaluate wildfire risk mitigation actions, as specified.
- Requires the Wildfire Risk Mitigation Planning Framework to allow for geospatial evaluation and comparison of wildfire risk mitigation actions sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning.
- Provides that the Wildfire Risk Mitigation Planning Framework may incorporate, for each wildfire mitigation action, including near-term and long-term estimates and projections, as determined to be appropriate by the Deputy Director, as specified.
- Requires the Deputy Director to make the framework available as a planning tool for all entities planning and likely to engage in statewide wildfire risk mitigation actions, as specified.
- Requires the Deputy Director to submit a copy of the framework, each year it is completed, to the Legislature, as specified, the Office of Energy Infrastructure Safety, and the California Public Utilities Commission (CPUC) for review and consideration.
- Requires the Deputy Director, to the maximum extent possible, to make the factual and analytical basis for the framework available to the public on its internet website.
- Authorizes the Deputy Director to contract with a private consultant or a public university with special expertise in the quantitative assessment of wildfire risk and risk mitigation to conduct quantitative wildfire and community risk modeling and for preparation of reports in order to accomplish the above requirements.
- Includes related definitions and legislative findings and declarations.
Background
Author Statement. According to the author:
“preventing catastrophic wildfire requires strong coordination between all of our investments. Building on current efforts, this bill would create a planning structure to maximize the effectiveness of California's work to reduce the impacts of wildfire. As California spends more to prevent catastrophic wildfire, we should also make sure that these investments go as far as possible in keeping residents safe. This bill creates a planning structure that does just that and ensures that all our efforts are well coordinated.”
California’s Wildfire Reality. The State of California has the main responsibility for wildfire response activities on about one-third of California’s land area. With over 39 million residents, the State of California is the most populous state in the nation and has the third largest land area among the states (163,695 square miles). The California Office of Emergency Services (OES) serves as the state’s leadership hub during all major emergencies and disasters. This includes responding, directing, and coordinating state and federal resources and mutual aid assets across all regions to support the diverse communities across the state.
Cal FIRE works to safeguard California through fire prevention and protection, emergency response, and stewardship of natural resource systems. Wildfire response activities help limit the spread of large wildfires and stop them from damaging communities and harming residents. The state also runs programs to reduce the chances that wildfires will start and to limit the damage they cause when they do occur—also known as wildfire prevention and mitigation.
In the years leading up to and during the early stages of the COVID-19 pandemic, California faced an alarming increase in destructive wildfires. A majority of the largest and most devastating wildfires have occurred within the last decade, culminating in a particularly severe outbreak between 2016 and 2021. This five-year period witnessed some of the worst wildfires in the state's recorded history.
For example, the 2017 Tubbs Fire, at the time the most destructive wildfire in California history, killed 22 people, while 5,000 homes burned down. The 2018 wildfire season included the Camp Fire in Butte County, which became the single most destructive wildfire in state history with nearly 19,000 structures destroyed and 85 fatalities, including the near-total destruction of the town of Paradise. A few key factors have contributed to the recent increase in destructive wildfires including: climate change, poor forest and land management practices, and increased development in fire-prone areas.
Apart from the destructive power of the flames, prolonged exposure to wildfire smoke can lead to an array of health issues, particularly for vulnerable populations such as children, the elderly, and individuals with pre-existing respiratory conditions. The economic impact of wildfires can be devastating, as they often result in the destruction of homes, businesses, and critical infrastructure, leading to significant financial burdens on affected communities and the state.
Additionally, the loss of natural resources and damage to ecosystems caused by wildfires can have lasting environmental consequences, such as increased soil erosion, impaired water quality, and loss of habitat for plant and animal species. As wildfires become more frequent and severe, understanding and addressing these interconnected consequences is vital for the long-term resilience and well-being of Californians.
California’s Wildfire Forecast & Threat Intelligence Integration Center. The WFTIIC serves as the state’s integrated central organizing hub for wildfire forecasting, weather information, threat intelligence gathering, analysis, and dissemination. Established by SB 209 (Dodd, 405, Statutes of 2019), the WFTIIC also coordinates wildfire threat intelligence and data sharing among federal, state, local agencies, tribal governments, utilities, other service providers, academic institutions, and nongovernmental organizations. WFTIIC’s publically available internet website includes real-time data on active weather watches and incidents, forecasts, and threat indices.
The WFTIIC is jointly established and lead by OES and Cal FIRE, and is comprised of individuals from OES, Cal FIRE, the CPUC, the California Military Department, the University of California (UC), the California State University (CSU), the California Utilities Emergency Association, at least one representative of investor-owned utility companies, at least one representative of publicly owned utilities, other members as designated jointly by the Director of OES and the Director of Cal FIRE.
California Wildfire & Forest Resilience Task Force. The California Wildfire & Forest Resilience Task Force (Task Force) was created by Governor Gavin Newsom to directly confront the near perfect storm of climate and human-caused conditions that have brought the threat of devastating wildfire and its far-reaching effects to the doorstep of nearly everyone in our state, and beyond. The Task Force is a collaborative effort to align the activities of federal, state, local, public, private and tribal organizations to support programs and projects tailored to the priorities and risks of each region, and bring the best available science to forest management and community protection efforts.
According to the Task Force’s internet website, “[i]t’s a comprehensive and coordinated effort that is already showing progress in protecting people and property while improving the health and resiliency of the forests we love and rely on for a sustainable future. There’s a role for everybody to do their part, so we hope you’ll join us on this journey to transform how we safely and sustainably coexist with fire.”
Wildfire Risk Mitigation Planning Framework. This bill requires the Deputy Director of Community Wildfire Preparedness and Mitigation, within the Office of the SFM, to prepare a Wildfire Risk Mitigation Planning Framework on or before January 1, 2026, and every three years thereafter. The framework is intended to quantitatively evaluate wildfire risk mitigation actions as determined by the Deputy Director and will allow for geospatial evaluation and comparison of wildfire risk mitigation actions sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning. The framework will be updated every three years, and the factual and analytical basis for the framework will be made available to the public online.
This bill requires the Deputy Director to make the framework available as a planning tool for all entities planning and likely to engage in statewide wildfire risk mitigation actions, including the following: state agencies; federal agencies; electrical utilities; municipalities and local governments; nongovernmental organizations and private actors seeking funding.
This bill specifically authorizes the Deputy Director to contract with a private consultant or a public university with special expertise in the quantitative assessment of wildfire risk and risk mitigation to conduct quantitative wildfire and community risk modeling and for preparation of reports in order to accomplish the above purposes.
Related/Prior Legislation
SB 1101 (Limón, 2024) requires Cal FIRE to identify and map a comprehensive network of potential operational boundaries that can be used for strategic wildfire response, hazardous fuels management, and prescribed fire, as specified. (Pending in the Senate Appropriations Committee)
AB 2344 (Petrie-Norris, 2024) requires the Wildfire and Forest Resilience Task Force to compile and post on its internet website specified information regarding identified state and federal grant programs relating to fire prevention and resilience, as specified. (Pending in the Assembly Appropriations Committee)
AB 2968 (Connolly, 2024) requires a school that is located in “high or very high fire hazard severity zones” to comply with defensible space standards, as specified, and to include in their comprehensive school safety plan procedures related to severe fires, including a communication and evacuation plan, as specified. (Pending in the Assembly Appropriations Committee)
SB 436 (Dodd, 2023) would have required OES to develop a Wildfire Risk Mitigation Planning Framework for state and federal agencies, electric utilities, municipalities, and other organizations to collaboratively plan and implement wildfire risk mitigation actions, a Wildfire Risk Baseline and Forecast for the State of California, and an annual Wildfire Mitigation Scenarios Report, as specified. (Held in the Senate Appropriations Committee Suspense File)
SB 209 (Dodd, Chapter 405, Statutes of 2019) established the Wildfire Forecast and Threat Intelligence Integration Center to serve as the state’s integrated central organizing hub for wildfire forecasting, weather information, and threat intelligence gathering, analysis, and dissemination, and to coordinate wildfire threat intelligence and data sharing, as specified.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
Unknown, potentially significant fiscal impact, likely ranging in the hundreds of thousands of dollars, for the Community Wildfire Preparedness and Mitigation division to complete and regularly update the framework (General Fund).
SUPPORT: (Verified 5/16/2024)
California Wilderness Coalition
El Dorado Irrigation District
Humboldt and Mendocino Redwood Companies
Marin Clean Energy
Pacific Forest Trust
Pacific Gas and Electric
San Diego Gas and Electric
Sonoma Clean Power
Southern California Edison
OPPOSITION: (Verified 5/16/2024)
None received
ARGUMENTS IN SUPPORT: In support of the bill, the joint Investor-owned Utilities (IOUs) write that, “[o]ver the last ten years or more, the IOUs have collectively invested billions of dollars to mitigate the risk of utility-caused catastrophic wildfires and strengthen community resiliency in our respective service territories. Each year, IOUs submit Wildfire Mitigation Plans to the Office of Energy Infrastructure Safety (OEIS), which must include details of mitigation actions, report on progress including metrics, risk trends impacting ignition probability, expenditures, and projected costs among several other required implementation strategies to achieve system safety and reliability.”
Prepared by: Brian Duke / G.O. / (916) 651-1530
5/18/24 16:20:47
**** END ****
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
SB 1014 (Dodd) - Wildfire safety: The California Wildfire Mitigation Strategic Planning Act
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 1014 requires the Deputy Director of Community Wildfire Preparedness and Mitigation within the Office of the State Fire Marshal (SFM) to prepare a Wildfire Risk Mitigation Planning Framework, a Wildfire Risk Baseline and Forecast, and a Wildfire Mitigation Scenarios Report, each to be released and updated on a specified schedule.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 16, 2024
Fiscal Impact:
Unknown, potentially significant fiscal impact, likely ranging in the hundreds of thousands of dollars, for the Community Wildfire Preparedness and Mitigation division to complete and regularly update the framework (General Fund).
Committee Amendments:
Narrow requirements to just the framework.
-- END --
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
SB 1014 (Dodd) - Wildfire safety: The California Wildfire Mitigation Strategic Planning Act
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 1014 requires the Deputy Director of Community Wildfire Preparedness and Mitigation within the Office of the State Fire Marshal (SFM) to prepare a Wildfire Risk Mitigation Planning Framework, a Wildfire Risk Baseline and Forecast, and a Wildfire Mitigation Scenarios Report, each to be released and updated on a specified schedule.
Fiscal Impact:
Unknown, but likely significant fiscal impact ranging in the millions of dollars General Fund for the Community Wildfire Preparedness and Mitigation division to complete the framework, forecast, and report as prescribed.
Background:
The Legislature has taken an active role in recent years in both providing unprecedented funding for and developing new policies to reduce wildfire risk, including, among others:
SB 901 (Dodd, Chapter 626, Statutes of 2018) addresses numerous issues concerning wildfire prevention, response, and recovery, including funding for mutual aid, fuel reduction and forestry policies, wildfire mitigation plans by electric utilities, and cost recovery by electric corporations of wildfire-related damages
SB 209 (Dodd, Chapter 405, Statutes of 2019) required the Office of Emergency Services (OES) and the California Department of Forestry and Fire Protection (CAL FIRE) to jointly establish and lead the Wildfire Forecast and Threat Intelligence Integration Center, to serve as the state’s integrated central organizing hub for wildfire forecasting, weather information, threat intelligence gathering, analysis, and dissemination.
AB 38 (Wood, Chapter 391, Statutes of 2019) requires OES to enter into a joint powers agreement with CAL FIRE to administer a comprehensive wildfire mitigation program to encourage cost-effective structure hardening and facilitate vegetation management.
AB 9 (Wood, Chapter 225, Statutes of 2021) codified the Regional Forest and Fire Capacity Program, created the deputy director of Community Wildfire Preparedness and Mitigation role within the Office of the SFM, and transferred certain duties related to fire safety and wildfire prevention from CAL FIRE to the SFM.
The 2021 and 2022 Budget Acts committed $2.8 billion over four years to continue strengthening forest and wildfire resilience statewide. The 2024-25 Governor’s Budget proposes the maintenance of these investments over five years to restore wildland health, with the aim of reducing the risk of catastrophic wildfires. The 2024-25 Governor’s Budget includes $100.7 million in General Fund reductions and $162.5 million in fund shifts across various programs, while continuing $200 million from the Greenhouse Gas Reduction Fund consistent with SB 901 and SB 155 (Committee on Budget, Chapter 258, Statutes of 2021).
Proposed Law:
- By January 1, 2026 and every three years thereafter, requires the deputy director to prepare a Wildfire Risk Mitigation Planning Framework to quantitatively evaluate wildfire risk mitigation actions.
- Requires the framework to allow for geospatial evaluation and comparison of wildfire risk mitigation actions sufficient to direct coordinated efforts and long-term mitigation planning.
- Authorizes the framework to incorporate, for each action, the entities responsible for the action; risk event and consequences targeted; cost of the action; evaluation methodologies; applicable geographic areas; interactions, cobenefits, and joint impacts with other mitigation activities; interactions and joint impacts with climate change, drought, past wildfires, and other relevant environmental factors and environmental metrics; effects on stakeholders; personnel requirements to effectuate the action; and other factors as determined appropriate.
- Requires the deputy director to make the framework available as a planning tool for all entities included in the report, and to submit a copy of the framework each year it is completed to the Legislature, the Office of Energy Infrastructure Safety (OEIS), and the Public Utilities Commission (PUC).
- By April 1, 2026 and every three years thereafter, requires the deputy director to prepare a Wildfire Risk Baseline and Forecast, to be delineated on a statewide level and by county, including geographic specificity sufficient enough to evaluate targeted wildfire risk mitigation actions.
- Requires the forecast to be prepared in coordination with the mitigation plan and accomplish all of the following:
- Contain, at a minimum, estimates of current ignition risk and an evaluation of the consequences of potential ignitions to human life and safety, structures and critical infrastructure, cultural and historic resources, public health, ecosystems and ecosystem services, and any other material consequences as determined by the deputy director.
- Establish key risk metrics for wildfire risk for the state as a whole, by county, and by geographic location.
- Establish reasonable levels of unmitigated planned risk for the state to assume and manage through fire suppression.
- Include an estimated wildfire risk and consequence, in 1-year, 3-year, and 10-year projections, assuming implementation and extension of current wildfire risk mitigation actions.
- Include targets for wildfire risk reduction for the State of California in 1, 3, and 10 years.
- Beginning January 1, 2029, evaluate current wildfire risk relative to targets established according to the most recent prior forecast.
- Authorizes the forecast to take into account the contribution of weather, fuel type, fuel loading, historic fire regimes, changing fire patterns, climate change, human population, population density, development patterns, electric infrastructure, and any other relevant factors to wildfire risk and consequence.
- Requires the deputy director to submit a copy of the forecast each year it is completed to the Legislature, the OEIS, and PUC.
- Requires the forecast to be prepared in coordination with the mitigation plan and accomplish all of the following:
- By August 1, 2026, requires the deputy director to prepare a Wildfire Mitigation Scenarios Report, to be updated annually. Requires the report to contain:
- Identification of a reasonable range of possible scenarios for overall wildfire risk mitigation spending over the next one-year and three-year periods.
- Planned and likely statewide wildfire risk mitigation actions by state and federal agencies, electric utilities, municipalities and local governments, nongovernmental organizations and private actors seeking state funding, federally recognized Native American tribes, and other stakeholders as determined appropriate by the deputy director.
- A quantification of the overall risk reduction achieved via implementation of all planned and potential wildfire risk mitigation actions relative to the baseline level of unmitigated risk contained in the most recent forecast.
- A quantification of the risk-spend efficiency of all planned wildfire risk mitigation actions using the framework.
- Using the framework, identification and description, in detail, of one or more cost-effective statewide wildfire risk reduction strategies that are approximately equal in cost to planned spending by all entities identified in the report and that achieve maximum estimated reduction in overall wildfire risk and consequence for the State of California.
- Recommendations on how to achieve better coordination, risk to spend efficiency, and overall cost-effectiveness, in specific regions and statewide, between utility-related wildfire mitigation investments made pursuant to a wildfire mitigation plan and nonutility wildfire mitigation investments.
- Requires the deputy director to submit a copy of the report to the Legislature, OEIS, and PUC.
- Establishes definitions.
- States legislative findings and declarations.
Related Legislation:
SB 436 (Dodd, 2023) was substantially similar to this bill, but instead tasked OES with the responsibility for preparing the framework, forecast, and report. SB 436 was held on the Suspense File in this committee.
Staff Comments:
While a fiscal estimate from CAL FIRE was not available at the time of this analysis, a previous fiscal estimate for SB 436 noted annual costs for OES in the low millions of dollars. OES’s cost estimate for SB 436 was generally driven by the need to contract out with private consulting firms or public universities with the required expertise to complete the framework, forecast, and report, as OES’s activities center around its responsibilities in serving as the state’s leadership hub during all major emergencies and disasters, not just wildfires.
The division and the Office of the SFM’s mission and current activities are more in line with the goals of this bill. Generally, the Community Wildfire Preparedness and Mitigation division within the Office of the SFM is responsible for various community-level fire prevention and preparedness programs including defensible space, home hardening, fire planning, land use planning, utility fire mitigation, fire prevention grants, fire hazard mapping, incident data and statistics, and damage inspection. However, the Office of the SFM will still likely incur costs to meet the mandates of this bill to the extent that it cannot incorporate any portion of the workload required to prepare the framework, forecast, or report into its current activities. Potential costs to the SFM will likely depend on, among other things, the availability of data to establish the baseline and forecast at the level and geographic specificity prescribed by the bill. To the extent data collection is necessary, costs to establish and regularly update the forecast will likely be significant.
-- END --
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Dave Min, Chair
2023 - 2024 Regular
Bill No: SB Hearing Date: April 15, 2024
Author: | Dodd | ||
Version: | February 5, 2024 Introduced | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Catherine Baxter | ||
Subject: Wildfire safety: The California Wildfire Mitigation Strategic Planning Act
SUMMARY
This bill would require the Deputy Director of Community Wildfire Preparedness and Mitigation in the Office of the State Fire Marshal to prepare a Wildfire Risk Mitigation Planning Framework every three years to quantitatively evaluate wildfire risk mitigation actions, a Wildfire Risk Baseline and Forecast every three years for the state delineated on a statewide level and by county, and a Wildfire Mitigation Scenarios Report every year.
BACKGROUND AND EXISTING LAW
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.
While wildland fires have always been present in the state, the number of days with extreme fire risk has more than doubled in the last 40 years. This is likely to continue to increase. One of the impacts of climate change in the state is an increase in the frequency and intensity of wildfires. In forested regions, decades of fire suppression, historic logging practices, and drought have produced unhealthy forests; in some forests, the current tree density is up to an order of magnitude greater than the density a century ago. These conditions exacerbate the risk of an extreme wildfire developing when a fire occurs. Further, the proliferation of new homes in the wildland urban interface (WUI) magnify the threat and place substantially more people and property at risk than in preceding decades. More than 25 million acres of California wildlands are classified as under very high or extreme fire threat, extending that risk over one-quarter of the state.
Wildland fires in the state can be broadly separated into two different types: fuel-driven and wind-driven. In a fuel-driven fire, fire prevention efforts and fuels management, including prescribed fire, may be the most effective methods to reduce risk and promote healthier and more resilient forests. In a wind-driven fire, however, home and community-hardening, including maintaining a defensible space buffer around a home are critical factors. Some of the most catastrophic fires, such as the Camp Fire, can exhibit characteristics of both fire types. Of note, there are multiple methods available to help reduce the risk wildland fire poses to communities across the state, and optimal resilience is achieved through coordinated implementation of those most suited for the particular location.
The Legislature has taken an active role in recent years in both providing unprecedented funding for and developing new policies to reduce wildfire risk, including SB 901 (Dodd, Chapter 626, Statutes of 2018), SB 209 (Dodd, Chapter 405, Statutes of 2019), AB 38 (Wood, Chapter 391, Statutes of 2019), AB 3074 (Friedman, Chapter 259, Statutes of 2020), SB 63 (Stern, Chapter 382, Statutes of 2021, SB 456 (Laird, Chapter 387, Statutes of 2021), AB 9 (Wood, Chapter 225, Statutes of 2021), and AB 642 (Friedman, Chapter 375, Statutes of 2021), among others.
The Administration has also taken action to address extreme wildfire risk. Executive Order (EO) N-05-19 directed the Department of Forestry and Fire Protection (CalFire) to recommend immediate, medium-term, and long-term actions to prevent destructive, deadly wildfires. In response, CalFire issued the Community Wildfire Prevention and Mitigation Report, also known as the 45-day report, which identified 35 priority fuel reduction projects that could be implemented immediately to help reduce public safety risk for over 200 communities.
In 2021, the Governor’s Wildfire and Forest Resilience Task Force issued California’s Wildfire and Forest Resilience Action Plan (Action Plan), which seeks to “strategically accelerate” efforts to restore the health and resilience of the state’s forests, grasslands and natural places; improve the fire safety of communities in the state; and sustain the economic vitality of rural forested areas. The Action Plan included a goal to support community risk reduction and adaptation planning. As part of this, CalFire committed to improving and refining quantitative wildfire risk assessments across all lands and ownerships, focusing on identifying the most vulnerable communities and populations.
One resulting report, issued in 2021 by Pyrologix entitled Contemporary Wildfire Hazard Across California, provides information about wildfire hazard across the state for the year 2020 to support wildfire response, regional fuel management planning decisions, and revisions to land and resource management plans. The report considers the likelihood of a fire burning and the intensity of a fire if one should occur. Pyrologix issued a follow-up report in 2022 entitled A Pilot Wildfire Risk Assessment for California, which assessed wildfire risks to certain highly valued resources and assets, like housing, critical infrastructure, and surface drinking water. In 2023, CalFire awarded a research grant to Pyrologix to continue to update and extend the wildfire hazard and risk maps and analysis. The Administration plans to coordinate the results of these assessments with related efforts by the Integrated Climate Adaptation and Resiliency Program administered by the Governor’s Office of Planning and Research and to integrate the results into other statewide and regional risk-based planning efforts and grant programs.
Existing law
- Establishes CalFire in the California Natural Resources Agency (CNRA) under the control of the CalFire director. Public Resources Code (PRC) §701.
- CalFire is responsible for the fire protection, fire prevention, maintenance, and enhancement of the state’s forest, range, and brushland resources, contract fire protection, associated emergency services, and assistance in civil disasters and other nonfire emergencies. Counties can elect to assume responsibility for the prevention and suppression of fires on all land in the county, including lands within state responsibility areas. Kern, Los Angeles, Marin, Orange, Santa Barbara and Ventura Counties have elected to do so. PRC §713 and §4129, respectively.
- CalFire, on or before July 1, 2023, is responsible for making recommendations on how to understand and model wildfire risk for a community and specific parcels within the local responsibility area or state responsibility area through the input of mitigating factors. PRC §4204.1.
- Identifies the Wildfire and Forest Resilience Task Force (Task Force), formerly known as the Forest Management Task Force established by the Governor to oversee implementation of Executive Order B-52-18. PRC §4005.
- Directs the Task Force to develop a comprehensive implementation strategy to track and ensure the achievement of the goals and key actions identified in the state’s “Wildfire and Forest Resilience Action Plan.” This strategy must address, among others, strengthening the protection of communities and reducing their fire risk, including a statewide framework to support local and regional community fire risk reduction and adaptation programs and projects.
- Establishes the Office of the State Fire Marshal (OSFM) in CalFire under the control of the State Fire Marshal (SFM) to foster, promote, and develop ways and means of protecting life and property against fire and panic. Health and Safety Code (HSC) §§13100 et seq.
- Creates a Deputy Director of Community Wildfire Preparedness and Mitigation (deputy director) within the OSFM who is responsible for CalFire’s fire preparedness and mitigation missions (PRC §4209). Among others, the deputy director is responsible for (PRC §4209.1):
- Classifying lands within the state responsibility area into fire hazard severity zones for the purpose of identifying measures to be taken to retard the rate of spread and to reduce the potential intensity of uncontrolled fires that threaten to destroy resources, life, or property. PRC §4201.
- Identifying areas in the local responsibility area as moderate, high, and very high fire hazard severity zones so that public officials are able to identify measures that will retard the rate of spread, and reduce the potential intensity, of uncontrolled fires that threaten to destroy resources, life, or property, and to require that those measures be taken. Government Code (GOV) §51178.
- Administering a local assistance grant program for fire prevention and home hardening education activities in California. The program, known as the Fire Prevention Grants Program, funds fire prevention activities that reduce wildfire risk, like prescribed burns. PRC §§4214 et seq.
- Partnering with the Office of Emergency Services (OES) to form a joint powers authority to develop and administer a comprehensive wildfire mitigation program, known as the California Wildfire Mitigation Program. This authority must, no later than July 1, 2024, submit a legislative report regarding the implementation of this program, including an evaluation of the overall wildfire risk reduction achieved statewide through the program. GOV §§8654.2 et seq.
- Creates a Deputy Director of Community Wildfire Preparedness and Mitigation (deputy director) within the OSFM who is responsible for CalFire’s fire preparedness and mitigation missions (PRC §4209). Among others, the deputy director is responsible for (PRC §4209.1):
- Requires each electrical corporation to annually prepare and submit a wildfire mitigation plan, which must include, among others, a list that identifies, describes, and prioritizes all wildfire risks throughout the electrical corporation’s service territory, including all relevant wildfire risk and risk mitigation information, as specified. Public Utilities Code §8386.
- Defines the “state responsibility area” (SRA) to mean the area in which the state has the primary financial responsibility of preventing and suppressing fires. PRC §4102.
- Provides that the prevention and suppression of fires in all areas that are not classified as SRA are primarily the responsibility of local or federal agencies, as specified. These areas are known as the local responsibility area (LRA) and the federal responsibility area (FRA). PRC §4125.
PROPOSED LAW
This bill would:
- Require the deputy director to prepare, by January 1, 2026, and every three years thereafter in conjunction with the Wildfire Risk Baseline and Forecast prepared pursuant to (2), a Wildfire Risk Mitigation Planning Framework sufficient to quantitatively evaluate wildfire risk mitigation actions, as specified.
- The framework must allow for geospatial evaluation and comparison of wildfire risk mitigation actions sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning.
- The framework may incorporate, for each wildfire mitigation action, including near-term and long-term estimates and projections, as determined to be appropriate by the deputy director, all of the following:
- The entity or entities responsible for the wildfire risk mitigation action.
- Risk events and consequences targeted, including cost and other appropriate metrics of unmitigated damages.
- Cost of the wildfire risk mitigation action.
- Methodologies for evaluating, and estimates of risk to spend efficiency of, the wildfire risk mitigation action.
- Geographic areas to which the wildfire risk mitigation action applies.
- Interactions, co-benefits, and joint impacts with other wildfire risk mitigation activities.
- Interactions and joint impacts with climate change, drought, past wildfires, and other environmental factors and environmental metrics, as appropriate.
- Effects on stakeholders and other affected parties.
- Personnel requirements to effectuate the wildfire risk mitigation action.
- Other factors as determined to be appropriate by the deputy director.
- Require the deputy director to prepare, by April 1, 2026, and every three years thereafter, in coordination with wildfire mitigation plans prepared by electrical corporations, a Wildfire Risk Baseline and Forecast for the state delineated on a statewide level and by county.
- The forecast must include geographic specificity to be sufficient to evaluate targeted wildfire risk mitigation actions, as specified.
- The forecast must accomplish all of the following:
- Contain, at a minimum, estimates of current ignition risk and an evaluation of the consequences of potential ignitions to human life and safety, structures and critical infrastructure, cultural and historic resources, public health, ecosystems and ecosystem services, and any other material consequences, as specified.
- Establish key risk metrics for wildfire risk for the state as a whole, by county, and by geographic location.
- Establish reasonable levels of unmitigated planned risk for the state to assume and manage through fire suppression.
- Include an estimated wildfire risk and consequence, in 1-year, 3-year, and 10-year projections, assuming implementation and extension of current wildfire risk mitigation actions.
- Include targets for wildfire risk reduction for the state in one, three, and 10 years.
- Beginning January 1, 2029, evaluate current wildfire risk relative to targets established in (v) in the most recent prior forecast.
- The forecast may take into account the contribution to wildfire risk and consequence created by specified factors, including weather, fuel type, and fuel loading, among others.
- Require the deputy director to prepare, by August 1, 2026, a Wildfire Mitigation Scenarios Report, to be updated annually.
- The report must contain all of the following information:
- Identification of a reasonable range of possible scenarios for overall wildfire risk mitigation spending over the next one-year and three-year periods.
- Planned and likely statewide wildfire risk mitigation actions by specified entities, including state and federal agencies, local governments, and electric utilities, among others.
- A quantification of the overall risk reduction achieved via implementation of all planned and potential wildfire risk mitigation actions relative to the baseline level of unmitigated risk contained in the most recent forecast.
- A quantification of the risk-spend efficiency of all planned wildfire risk mitigation actions using the framework.
- Using the framework, identification and description, in detail, of one or more cost-effective statewide wildfire risk reduction strategies that are approximately equal in cost to planned spending by all entities identified in the report and that achieve maximum estimated reduction in overall wildfire risk and consequence for the state.
- Recommendations on how to achieve better coordination, risk to spend efficiency, and overall cost-effectiveness, in specific regions and statewide, between utility-related wildfire mitigation investments made pursuant to a wildfire mitigation plan and nonutility wildfire mitigation investments.
- The report must contain all of the following information:
- Require the deputy director to submit copies of the Wildfire Risk Mitigation Planning Framework, Wildfire Risk Baseline and Forecast, and Wildfire Mitigation Scenarios Report to the Legislature and others for review and consideration. Further, the deputy director must, to the maximum extent feasible, make the factual and analytical bases for these items available to the public on its internet website.
- Authorize the deputy director to contract with specified entities to conduct quantitative wildfire and community risk modeling and to prepare the items in (1) through (3) above.
- Define terms, including “risk to spend efficiency,” which means the net present value of monetized reduction in wildfire consequences per dollar of risk mitigation expenditure.
- Make a series of findings and declarations, including that meeting the complex challenges presented by the modern wildfire crisis necessitates greater collaboration and coordination between the various entities tasked with managing wildfire risk and resilience in California in planning for and targeting wildfire risk mitigation investments.
ARGUMENTS IN SUPPORT
According to the author, “Catastrophic wildfire imposes enormous costs on the State of California and its residents. In the aftermath of the Camp Fire, AB 1054 (Chapter 79, Statutes of 2019) created a framework under which electric utilities evaluate their wildfire risk and plan for their wildfire mitigation investments and activities, overseen by the Office of Electric Infrastructure Safety within the California Natural Resources Agency. These utility Wildfire Mitigation Plans comprehensively quantify utility-related wildfire risk and help to ensure that utility spending is both adequate and cost-effective in reducing wildfire risks from utility ignitions.”
“In addition to Utility WMPs the federal, state and local governments invest significant amounts of funding in wildfire prevention programs. However, there is not an overriding road map as to how private and public investments can be best coordinated for maximum effectiveness in reducing wildfire risk. SB 1014 seeks to create that roadmap.”
According to a joint support letter submitted by CalWild and the Pacific Forest Trust, this bill will “bring more thoughtful assessment, prioritization, and coordination of potential wildfire resilience projects. While recent years have brought massive increases in investment in landscape resilience projects, to date there has been haphazard coordination between state and federal government, electric utilities, and other parties. There has also been an understandable focus on “shovel-ready” projects, but as we complete those initial no-regrets projects it is time to evaluate opportunities and select projects based on impact and costs effectiveness, rather than just on whether they were just waiting for funding.”
According to Pacific Gas and Electric, San Diego Gas and Electric, and Southern California Edison, “Over the past ten years or more, the IOUs have collectively invested billions of dollars to mitigate the risk of utility-caused catastrophic wildfires and strengthen community resiliency in our respective service territories. Each year, IOUs submit Wildfire Mitigation Plans to the Office of Energy Infrastructure Safety (OEIS), which must include details of mitigation actions, report on progress including metrics, risk trends impacting ignition probability, expenditures, and projected costs among several other required implementation strategies to achieve system safety and reliability.”
“In recent history, California has faced an increase in frequency and severity of devastating wildfires exacerbated by climate change. Reducing the threat of destructive wildfires is everyone’s responsibility, and SB 1014 is paving the way for the state to lead a more strategic and cross-agency approach relying on data to understand risk, plan for action, and evaluate efficiencies.”
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
Dual referral. This bill was referred to the Senate Governmental Organization Committee and this Committee. The former Committee passed the bill on consent on March 12, 2024, without amendments. Elements of the bill under that Committee’s jurisdiction were discussed before that Committee and are included here for completeness and context only.
Need for the bill. According to the author, in California, multiple entities are spending billions to reduce wildfire risk. In particular, Investor Owned Utilities (IOUs) spend more than $10 billion per year on wildfire prevention; the state is spending hundreds of millions per year, and the U.S. Forest Service is spending $930 million, one time. Despite this, there is no coordinated framework to align this spending to maximize success and cost-effectiveness. While existing law requires IOUs to submit wildfire mitigation plans to the state for review and approval that identifies, describes, and prioritizes wildfire risks in their service territory and directs efforts to mitigate that risk, the state does not engage in a similar process.
There is a concern that the state could spend billions of dollars on projects prepared by well-funded NGOs rather than on those that would provide the greatest risk reductions. This bill seeks to address this by creating a framework to (1) quantitatively evaluate possible wildfire risk mitigation actions, (2) identify wildfire risk across the state and corresponding targets to reduce risk, and (3) quantify actual contributions to risk reduction from all actors and investments within the state.
Wildfire hazards vs risks. Wildfire risk is a measure of an area’s wildfire hazard combined with the vulnerability of people, property, or infrastructure in that area to that hazard.
- Wildfire hazard is a physical situation with the potential to cause damage to vulnerable people, resources, or assets. Quantitatively, wildfire hazard is measured by two main factors: 1) burn probability (or likelihood of burning), and 2) fire intensity (measured as flame length, fire-line intensity, or other similar measures).
- Vulnerability of people, resources, or assets to a wildfire is also composed of two factors: 1) exposure and 2) susceptibility. Exposure is the placement or location in a hazardous environment, for example, building a home within a flammable landscape. Susceptibility is how easily the person, resource, or assets would be hurt or damaged by a wildfire of different types and intensities in that location. Some assets are fire-hardened and can withstand very intense fires without damage, whereas others are easily damaged by even low-intensity fire.
The figure below shows how wildfire hazard and vulnerability combine to produce wildfire risk.
Existing law requires the deputy director to map levels of wildfire hazard severity in the SRA and LRA. This bill would create a comprehensive framework to evaluate and address wildfire risk in the state.
Committee amendments. Should the bill move forward, the Committee may wish to consider amending the bill to strike a duplicative provision and to add the Office of Energy Infrastructure Safety to the list of entities with which the deputy director must share the Wildfire Mitigation Scenarios Report. [See Amendments 1 and 2, respectively.]
Author amendment. The author requested one amendment to add federally recognized tribes to the list of entities for which the Wildfire Mitigation Scenarios Report must include planned and likely wildfire risk mitigation actions. [See Amendment 3.]
Related legislation.
SB 436 (Dodd, 2023) was substantially similar to this bill but tasked OES with responsibility for preparing the Wildfire Risk Mitigation Planning Framework, Wildfire Risk Baseline and Forecast, and Wildfire Mitigation Scenarios Report, rather than the deputy director. This bill was held on the suspense file in the Senate Appropriations Committee.
SB 456 (Laird, Chapter 387, Statutes of 2021) requires the Task Force to develop a comprehensive strategy to track implementation of the Action Plan. This strategy must address, among others, strengthening the protection of communities and reducing their fire risk, including a statewide framework to support local and regional community fire risk reduction and adaptation programs and projects.
SB 109 (Dodd, Chapter 239, Statutes of 2021) established the Office of Wildfire Technology Research and Development within Cal FIRE, as well as the Wildfire Technology Research and Development Review Advisory Board to conduct research and testing on emerging technologies to prevent, predict, and fight wildfires, as provided.
SB 63 (Stern, Chapter 382, Statutes of 2021) makes multiple changes to state law to enhance CalFire’s fire prevention efforts, including, among other things, improved vegetation management, and expanding the areas where enhanced fire safety building standards apply.
AB 9 (Wood, Chapter 225, Statutes of 2021) codified the Regional Forest and Fire Capacity Program, created the deputy director role within the OSFM, and transferred certain duties related to fire safety and wildfire prevention from CalFire to the OSFM.
AB 642 (Friedman, Chapter 375, Statutes of 2021), among other things, directed CalFire, on or before July 1, 2023, to make recommendations on how to understand and model wildfire risk for a community and specific parcels within the local responsibility area or SRA through the input of mitigating factors.
AB 3074 (Friedman, Chapter 259, Statutes of 2020) created an ember-resistant zone within five feet of a structure as part of the defensible space requirements for structures located in specified high fire hazard areas.
SB 209 (Dodd, Chapter 405, Statutes of 2019) required OES and CalFire to jointly establish and lead the Wildfire Forecast and Threat Intelligence Integration Center, as specified.
AB 38 (Wood, Chapter 391, Statutes of 2019) requires OES to enter into a joint powers agreement with CalFire to administer a comprehensive wildfire mitigation program to encourage cost-effective structure hardening and facilitate vegetation management.
SB 901 (Dodd, Chapter 626, Statutes of 2018) addresses numerous issues concerning wildfire prevention, response, and recovery, including funding for mutual aid, fuel reduction and forestry policies, wildfire mitigation plans by electric utilities, and cost recovery by electric corporations of wildfire-related damages.
SUGGESTED AMENDMENTS
AMENDMENT 1
In proposed PRC 15482, strike subdivision (e) and re-letter.
AMENDMENT 2
In proposed PRC 15483, add “the Office of Energy Infrastructure Safety,” before “and to the Public Utilities Commission, for review and consideration.” in subdivision (c).
AMENDMENT 3
In proposed PRC 15483, add “federally recognized tribes” to the list of entities under paragraph (2) of subdivision (b).
SUPPORT
CalWild
Edison International and Affiliates, including Southern California Edison
Humboldt Redwood Company
Mendocino Redwood Company
Pacific Forest Trust
Pacific Gas and Electric Company and its affiliated entities
San Diego Gas and Electric Company
OPPOSITION
None Received
-- END --
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Bill Dodd
Chair
2023 - 2024 Regular
Bill No: SB Hearing Date: 3/12/2024
Author: | Dodd | ||
Version: | Introduced | ||
Urgency: | Fiscal: | ||
Consultant: | |||
SUBJECT:
DIGEST: This bill, the California Wildfire Mitigation Strategic Planning Act, requires the Deputy Director of Community Wildfire Preparedness and Mitigation (Deputy Director), within the Office of the State Fire Marshal (SFM), to prepare a Wildfire Risk Mitigation Planning Framework, a Wildfire Risk Baseline and Forecast, and a Wildfire Mitigation Scenarios Report, as specified.
ANALYSIS:
Existing law:
- Establishes the Office of the SFM, within the Department of Forestry and Fire Protection (Cal FIRE), and establishes the Deputy Director, as specified.
- Makes the Deputy Director responsible for fire preparedness and mitigation missions of Cal FIRE, as specified.
- Establishes the Wildfire Forecast and Threat Intelligence Integration Center (WFTIIC) to collect, assess, and analyze fire weather data, atmospheric conditions, and other threat indicators that could lead to catastrophic wildfire and to reduce the likelihood and severity of wildfire incidents that could endanger the safety of persons, property, and the environment by developing and sharing intelligence products related to fire weather and fire threat conditions for government decision makers.
- Provides that WFTIIC serve as the state’s integrated central organizing hub for wildfire forecasting, weather information, and threat intelligence gathering, analysis, and dissemination, and shall also coordinate wildfire threat intelligence and data sharing among federal, state, and local agencies, tribal governments, utilities and other service providers, academic institutions, and nongovernmental organizations.
- Provides that any report required or requested by law to be submitted by a state or local agency to the Members of either house of the Legislature, shall, generally, instead be submitted as a printed copy to the Secretary of the Senate, as an electronic copy to the Chief Clerk of the Assembly, and as an electronic or printed copy to the Legislative Counsel.
- Requires that any state agency report and summary subject to the above requirement include an internet website where the report can be downloaded and a telephone number to call to order a hard copy of the report.
This bill:
- Requires the Deputy Director, on or before January 1, 2026, and every three years thereafter, to prepare a Wildfire Risk Mitigation Planning Framework sufficient to quantitatively evaluate wildfire risk mitigation actions, as specified.
- Requires the Wildfire Risk Mitigation Planning Framework to allow for geospatial evaluation and comparison of wildfire risk mitigation actions sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning.
- Provides that the Wildfire Risk Mitigation Planning Framework may incorporate, for each wildfire mitigation action, including near-term and long-term estimates and projections, as determined to be appropriate by the Deputy Director, all of the following:
- The entity or entities responsible for the wildfire risk mitigation action.
- Risk events and consequences targeted, including cost and other appropriate metrics of unmitigated damages.
- Cost of the wildfire risk mitigation action.
- Methodologies for evaluating, and estimates of risk to spend efficiency of, the wildfire risk mitigation action.
- Geographic areas to which the wildfire risk mitigation action applies.
- Interactions, co-benefits, and joint impacts with other wildfire risk mitigation activities.
- Effects on stakeholders and other affected parties.
- Personnel requirements to effectuate the wildfire risk mitigation action.
- Other factors as determined to be appropriate by the Deputy Director.
- Requires the Deputy Director to make the framework available as a planning tool for state agencies, federal agencies, electric utilities, municipalities and local governments, nongovernmental organizations and private actors seeking state funding, and other stakeholders as determined appropriate by the Deputy Director.
- Requires the Deputy Director to submit a copy of the framework, each year it is completed, to the Legislature, as specified, the Office of Energy Infrastructure Safety, and the California Public Utilities Commission (CPUC) for review and consideration.
- Requires the Deputy Director, to the maximum extent possible, to make the factual and analytical basis for the framework available to the public on its internet website.
- Requires the Deputy Director, on or before April 1, 2026, and every three years thereafter, to prepare a Wildfire Risk Baseline and Forecast for the State of California delineated on a statewide level and by county, to include geographic specificity as determined by the Deputy Director to be sufficient to evaluate targeted wildfire risk mitigation actions. The forecast shall be prepared in coordination with the wildfire mitigation plan.
- Provides that the forecast shall accomplish all of the following:
- Contain, at a minimum, estimates of current ignition risk and an evaluation of the consequences of potential ignitions to human life and safety, structures and critical infrastructure, cultural and historic resources, public health, ecosystems and ecosystem services, and any other material consequences as determined by the Deputy Director.
- Establish key risk metrics for wildfire risk for the state as a whole, by county, and by geographic location.
- Establish reasonable levels of unmitigated planned risk for the state to assume and manage through fire suppression.
- Include an estimated wildfire risk and consequence, in one-year, three-year, and 10-year projections, assuming implementation and extension of current wildfire risk mitigation actions.
- Include targets for wildfire risk reduction for the State of California in on, three, and 10 years.
- Beginning January 1, 2029, evaluate current wildfire risk relative to targets established according to the above in the most recent prior forecast.
- Provides that the forecast may take into account the contribution to wildfire risk and consequence created by all of the following factors:
- Weather.
- Fuel type and fuel loading.
- Historic fire regimes and changing fire patterns.
- Climate change.
- Human population and population density.
- Development patterns.
- Electric infrastructure.
- Other factors as determined to be relevant by the Deputy Director.
- Requires the Deputy Director to provide recommendations in the report on how to achieve better coordination, risk to spend efficiency, and overall cost-effectiveness, in specific regions and statewide, between utility-related wildfire mitigation investments made pursuant to a wildfire mitigation plan and nonutility wildfire mitigation investments.
- Requires the Deputy Director, for each year the forecast is completed, to submit a copy of the forecast to the Legislature, as specified, the Office of Energy Infrastructure Safety, and the CPUC for review and consideration.
- Requires the Deputy Director, to the maximum extent practicable, make available to the public on its internet website the factual analytical bases for the wildfire risk and consequence estimates included in the forecast.
- Requires the Deputy Director, on or before August 1, 2026, to prepare a Wildfire Mitigation Scenarios Report, to be updated annually.
- Provides that the report shall contain all of the following information:
- Identification of a reasonable range of possible scenarios for overall wildfire risk mitigation spending over the next one-year and three-year periods.
- Planned and likely statewide wildfire risk mitigation actions by state agencies, federal agencies, electric utilities, municipalities and local governments, nongovernmental organizations and private actors seeking state funding, and other stakeholders as determined appropriate by the Deputy Director.
- A quantification of the overall risk reduction achieved via implementation of all planned and potential wildfire risk mitigation actions relative to the baseline level of unmitigated risk contained in the most recent forecast.
- A quantification of the risk-spend efficiency of all planned wildfire risk mitigation actions using the framework.
- Using the framework, identification and description, in detail, of one or more cost-effective statewide wildfire risk reduction strategies that are approximately equal in cost to planned spending by all entities identified in the report and that achieve maximum estimated reduction in overall wildfire risk and consequence for the State of California.
- Recommendations on how to achieve better coordination, risk to spend efficiency, and overall cost-effectiveness, in specific regions and statewide, between utility-related wildfire mitigation investments made pursuant to a wildfire mitigation plan and nonutility wildfire mitigation investments.
- Requires the Deputy Director, each year upon its completion, to submit a copy of the report to the Legislature, as specified, and to the CPUC for review and consideration.
- Requires the Deputy Director, to the maximum extent possible, to make available to the public on its internet website the factual and analytical bases for the report.
- Authorizes the Deputy Director to contract with a private consultant or a public university with special expertise in the quantitative assessment of wildfire risk and risk mitigation to conduct quantitative wildfire and community risk modeling and for preparation of reports in order to accomplish the above requirements.
- Defines “risk to spend efficiency” to mean the net present value of monetized reduction in wildfire consequences per dollar of risk mitigation expenditure.
- Defines “wildfire risk mitigation action” to mean an action undertaken by a private or public actor with the state purpose of reducing either the chances of a wildfire ignition or the consequences of a wildfire ignition after one occurs, excluding fire suppression activities.
- Includes legislative findings and declarations related to California wildfires.
Background
Author Statement. According to the author’s office, “preventing catastrophic wildfire requires strong coordination between all of our investments. Building on current efforts, this bill would create a planning structure to maximize the effectiveness of California's work to reduce the impacts of wildfire. As California spends more to prevent catastrophic wildfire, we should also make sure that these investments go as far as possible in keeping residents safe. This bill creates a planning structure that does just that and ensures that all our efforts are well coordinated.”
California’s Wildfire Reality. The State of California has the main responsibility for wildfire response activities on about one-third of California’s land area. With over 39 million residents, the State of California is the most populous state in the nation and has the third largest land area among the states (163,695 square miles). The California Office of Emergency Services (OES) serves as the state’s leadership hub during all major emergencies and disasters. This includes responding, directing, and coordinating state and federal resources and mutual aid assets across all regions to support the diverse communities across the state.
Cal FIRE works to safeguard California through fire prevention and protection, emergency response, and stewardship of natural resource systems. Wildfire response activities help limit the spread of large wildfires and stop them from damaging communities and harming residents. The state also runs programs to reduce the chances that wildfires will start and to limit the damage they cause when they do occur—also known as wildfire prevention and mitigation.
In the years leading up to and during the early stages of the COVID-19 pandemic, California faced an alarming increase in destructive wildfires. A majority of the largest and most devastating wildfires have occurred within the last decade, culminating in a particularly severe outbreak between 2016 and 2021. This five-year period witnessed some of the worst wildfires in the state's recorded history.
For example, the 2017 Tubbs Fire, at the time the most destructive wildfire in California history, killed 22 people, while 5,000 homes burned down. The 2018 wildfire season included the Camp Fire in Butte County, which became the single most destructive wildfire in state history with nearly 19,000 structures destroyed and 85 fatalities, including the near-total destruction of the town of Paradise. A few key factors have contributed to the recent increase in destructive wildfires including: climate change, poor forest and land management practices, and increased development in fire-prone areas.
Apart from the destructive power of the flames, prolonged exposure to wildfire smoke can lead to an array of health issues, particularly for vulnerable populations such as children, the elderly, and individuals with pre-existing respiratory conditions. The economic impact of wildfires can be devastating, as they often result in the destruction of homes, businesses, and critical infrastructure, leading to significant financial burdens on affected communities and the state.
Additionally, the loss of natural resources and damage to ecosystems caused by wildfires can have lasting environmental consequences, such as increased soil erosion, impaired water quality, and loss of habitat for plant and animal species. As wildfires become more frequent and severe, understanding and addressing these interconnected consequences is vital for the long-term resilience and well-being of Californians.
California’s Wildfire Forecast & Threat Intelligence Integration Center. The WFTIIC serves as the state’s integrated central organizing hub for wildfire forecasting, weather information, threat intelligence gathering, analysis, and dissemination. Established by SB 209 (Dodd, 405, Statutes of 2019), the WFTIIC also coordinates wildfire threat intelligence and data sharing among federal, state, local agencies, tribal governments, utilities, other service providers, academic institutions, and nongovernmental organizations. WFTIIC’s publically available internet website includes real-time data on active weather watches and incidents, forecasts, and threat indices.
The WFTIIC is jointly established and lead by OES and Cal FIRE, and is comprised of individuals from OES, Cal FIRE, the CPUC, the California Military Department, the University of California (UC), the California State University (CSU), the California Utilities Emergency Association, at least one representative of investor-owned utility companies, at least one representative of publicly owned utilities, other members as designated jointly by the Director of OES and the Director of Cal FIRE.
California Wildfire & Forest Resilience Task Force. The California Wildfire & Forest Resilience Task Force (Task Force) was created by Governor Gavin Newsom to directly confront the near perfect storm of climate and human-caused conditions that have brought the threat of devastating wildfire and its far-reaching effects to the doorstep of nearly everyone in our state, and beyond. The Task Force is a collaborative effort to align the activities of federal, state, local, public, private and tribal organizations to support programs and projects tailored to the priorities and risks of each region, and bring the best available science to forest management and community protection efforts.
According to the Task Force’s internet website, “[i]t’s a comprehensive and coordinated effort that is already showing progress in protecting people and property while improving the health and resiliency of the forests we love and rely on for a sustainable future. There’s a role for everybody to do their part, so we hope you’ll join us on this journey to transform how we safely and sustainably coexist with fire.”
Wildfire Risk Mitigation Planning Framework. This bill requires the Deputy Director of Community Wildfire Preparedness and Mitigation, within the Office of the SFM, to prepare a Wildfire Risk Mitigation Planning Framework on or before January 1, 2026, and every three years thereafter. The framework is intended to quantitatively evaluate wildfire risk mitigation actions as determined by the Deputy Director and will allow for geospatial evaluation and comparison of wildfire risk mitigation actions sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning. The framework will be updated every three years, and the factual and analytical basis for the framework will be made available to the public online.
Wildfire Risk Baseline and Forecast for the State of California. This bill requires the Deputy Director, by April 1, 2026, to prepare a Wildfire Risk Baseline and Forecast for the State of California delineated on a statewide level and by county. The forecast will include geographic specificity sufficient to evaluate targeted wildfire risk mitigation actions. The forecast is required to be updated every three years, and beginning in 2029, will evaluate current wildfire risk relative to targets established according to the original 2026 forecast. The forecast will contain estimates of current ignition risk and an evaluation of the consequences of potential ignitions to human life and safety, structures and critical infrastructure, cultural and historic resources, public health, ecosystems and ecosystem services, and any other material consequences. To the maximum extent possible, the factual and analytical basis for the wildfire risk and consequence estimates included in the forecast.
Wildfire Mitigation Scenarios Report. This bill requires the Deputy Director to prepare a Wildfire Mitigation Scenarios Report, on or before August 1, 2026, and annually thereafter. The report will contain identification of a reasonable range of possible scenarios for overall wildfire risk mitigation spending over the next one-year and three-year periods. Risk to spend efficiency is defined to mean the net present value of monetized reduction in wildfire consequences per dollar of risk mitigation expenditure. Additionally, the report will include planned and likely statewide wildfire risk mitigation actions by state and federal agencies, electric utilities, municipalities and local governments, nongovernmental organizations and private actors seeking private funding, and other stakeholders as determined appropriate by the Deputy Director.
This bill specifically authorizes the Deputy Director to contract with a private consultant or a public university with special expertise in the quantitative assessment of wildfire risk and risk mitigation to conduct quantitative wildfire and community risk modeling and for preparation of reports in order to accomplish the above purposes.
Prior/Related Legislation
SB 945 (Alvarado-Gil, 2024) the Wildfire Smoke and Health Outcomes Act requires the State Department of Public Health, in consultation with Cal FIRE, the Wildfire and Forest Resilience Task Force, and the State Air Resources Board to create, operate, and maintain a statewide integrated wildfire smoke and health data platform, as specified. (Pending in the Senate Health Committee)
SB 1101 (Limón, 2024) requires Cal FIRE to identify and map a comprehensive network of potential operational boundaries that can be used for strategic wildfire response, hazardous fuels management, and prescribed fire, as specified. (Pending in the Senate Natural Resources and Water Committee)
SB 1215 (Governmental Organization Committee, 2024) among other things, authorizes Ex-Officio members of the State Board of Fire Services to assign a designee to serve as a proxy on the board. (Pending in the Senate Governmental Organization Committee)
AB 1819 (Waldron, 2024) authorizes an enhanced infrastructure financing district that is at least partially in high or very high fire hazard severity zones designated by the SFM, as specified, to finance heavy equipment to be used for vegetation clearance and firebreaks, fortification of utilities against wildfires, and equipment used for fire watch, prevention, and fighting. (Pending in the Assembly Local Government Committee)
AB 2344 (Petrie-Norris, 2024) requires the Wildfire and Forest Resilience Task Force to compile and post on its internet website specified information regarding identified state and federal grant programs relating to fire prevention and resilience, as specified. (Pending referral in the Assembly)
AB 2968 (Connolly, 2024) provides that it is the intent of the Legislature to enact subsequent legislation relating to wildfire prevention. (Pending referral in the Assembly)
SB 436 (Dodd, 2023) would have required OES to develop a Wildfire Risk Mitigation Planning Framework for state and federal agencies, electric utilities, municipalities, and other organizations to collaboratively plan and implement wildfire risk mitigation actions, a Wildfire Risk Baseline and Forecast for the State of California, and an annual Wildfire Mitigation Scenarios Report, as specified. (Held in the Senate Appropriations Committee Suspense File)
SB 209 (Dodd, Chapter 405, Statutes of 2019) established the Wildfire Forecast and Threat Intelligence Integration Center to serve as the state’s integrated central organizing hub for wildfire forecasting, weather information, and threat intelligence gathering, analysis, and dissemination, and to coordinate wildfire threat intelligence and data sharing, as specified.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT:
None received
OPPOSITION:
None received
DUAL REFERRAL: Senate Governmental Organization Committee & Senate Natural Resources & Water Committee
Bill Author
Bill Co-Author(s):