Exiting law establishes in the Department of Forestry and Fire Protection Conservation the Regional Forest and Fire Capacity Program (program) to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes, as provided. Existing law authorizes the department to, upon appropriation, provide block grants to specified entities for purposes of the program, as provided. Existing law, until July 1, 2025, authorizes the department to authorize advance payments on the above-described grants, as provided.

This bill would require the department, on or before December 31, 2028, and every 5 years thereafter, to submit a report to the Legislature that evaluates the programs impact and effectiveness, as provided. The bill would require the department to contract with an independent third party to prepare the report.

Exiting law establishes in the Department of Forestry and Fire Protection the Regional Forest and Fire Capacity Program (program) to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes, as provided. Existing law authorizes the department to, upon appropriation, provide block grants to specified entities for purposes of the program, as provided. Existing law, until July 1, 2025, authorizes the department to authorize advance payments on the above-described grants, as provided.

This bill would authorize the department to provide the advance payments on the grants indefinitely. The bill would require the department, on or before December 31, 2028, and every 5 years thereafter, to submit a report to the Legislature that evaluates the programs impact and effectiveness, as provided. The bill would require the department to contract with an independent third party to prepare the report.

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

SB 1029 (Min) - Fire protection: Regional Forest and Fire Capacity Program: reports

Bill Summary:

This bill would require the Department of Conservation (DOC) to submit a report to the Legislature that evaluates the impact and effectiveness of the Regional Forest and Fire Capacity program every five years, beginning December 31, 2028.

Fiscal Impact:

• DOC estimates ongoing costs in the range of $150,000 - $300,000 (General Fund) every 5 years for a contract to prepare the report that would be required by this bill at 5-year intervals. DOC notes that because the bill doesn’t make an appropriation for the report or make its preparation contingent upon appropriation, the only other way to fulfill the reporting requirement would be to divert already-appropriated monies, which would impact the Department’s administration of the program and decrease the funding available to support regional partners.

Background:

Capacity program (RFFC program or program) under DOC to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and fire resilience. The program provides block grants to regional entities, like state conservancies, resource conservation districts, and nongovernmental organizations, to prepare regional priority strategies, complete project development and permitting, implement demonstration projects, and build capacity to implement projects. The program seeks to create a pipeline of shovel-ready, locally- and regionally-driven projects that reflect state goals and priorities. While the program funds some demonstration projects, in general, it does not fund implementation of projects. The program also offers block grants to coordinating organizations to support the statewide implementation of the program.

The Budget Act of 2018 appropriated $20 million from the Greenhouse Gas Reduction Fund (GGRF) to the California Natural Resources Agency (CNRA) to support regional implementation of landscape-level forest health projects (Chapter 30, Statutes of 2018). CNRA partnered with DOC to develop and implement this program, which became the RFFC program. In 2021, the Legislature amended the Budget Act of 2020 to appropriate $50 million General Fund (GF) in early action to DOC for the program (Chapter 14, Statutes of 2021) and later in the year, adopted the Budget Act of 2021, appropriating another $60 million GF to DOC for this purpose (Chapter 240, Statutes of 2021). As of August 2023, DOC had awarded most of the funding appropriated for this program and intended to award another $20 million in 2024. The latter funding may be delayed or pulled back, however, based on ongoing budget negotiations.

Proposed Law:

This bill would require DOC to submit a report to the Legislature that evaluates the impact and effectiveness of the Regional Forest and Fire Capacity program every five years. Specifically, this bill would:

1. Direct DOC, by December 31, 2028, and every five years thereafter, to submit a report to the Legislature that evaluates the RFFC program’s impact and effectiveness, as specified. Further, require the report to include assessments of the following:
   1. Each grantee’s planning processes, which may include an evaluation of how inclusive a grantee’s regional collaboration process is, as specified.
   2. The extent to which adopted regional priority plans align with the goals of the RFFC program and state priorities for wildfire and forest resilience, as specified.
   3. The extent to which the RFFC program increases capacity for and implementation of landscape‑level forest health projects within each region compared to before the program existed.
2. Require the first report to assess the value and appropriateness of the geographic definitions of regions, including whether certain regions are the right size to coordinate most effectively to meet the goals of the RFFC program.
3. Require DOC to contract with an independent third party to prepare the report.

Related Legislation:

SB 675 (Limon, 2023) would direct DOC to consider and incorporate, where appropriate, guidance for local or regional prescribed grazing plans developed by the Range Management Advisory Committee in the RFFC program. This bill is on the inactive file in the Assembly.

AB 388 (Connolly, 2023) would have directed DOC to establish guidelines for funding the implementation of regional priority strategies developed under the RFFC program and would have authorized specified state agencies to award block grant funding to implement these strategies. This bill was held on the suspense file in this committee.

AB 156 (Committee on Budget, Chapter 569, Statutes of 2022) authorized DOC, until July 1, 2025, to authorize advance payments on RFFC program grants in accordance with specified requirements.

SB 456 (Laird, Chapter 387, Statutes of 2021) directs the Wildfire and Forest Resilience Task Force by January 1, 2022, and updated every five years thereafter, to develop a comprehensive implementation strategy to achieve the goals and key actions identified in the state’s Wildfire and Forest Resilience Action Plan, including expanding the RFFC program through the development of a statewide network of regional forest and community fire resilience plans.

AB 9 (Wood, Chapter 225, Statutes of 2021) codified the RFFC program.

AB 38 (Wood, Ch. 391, Statutes of 2019) directed CNRA, by July 1, 2021, to review the regional capacity of each county that contains a very high fire hazard severity zone to improve forest health, fire resilience, and safety.

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SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Dave Min, Chair

2023 - 2024 Regular

Bill No: SB Hearing Date: April 15, 2024

Subject: Fire protection: Regional Forest and Fire Capacity Program: reports

SUMMARY

This bill would require the Department of Conservation (DOC) to submit a report to the Legislature that evaluates the impact and effectiveness of the Regional Forest and Fire Capacity program every five years, beginning December 31, 2028.

BACKGROUND AND EXISTING LAW

Background:

AB 9 (Wood, Chapter 225, Statutes of 2021) established the Regional Forest and Fire Capacity program (RFFC program or program) under DOC to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and fire resilience. The program provides block grants to regional entities, like state conservancies, resource conservation districts, and nongovernmental organizations, to prepare regional priority strategies, complete project development and permitting, implement demonstration projects, and build capacity to implement projects. The program seeks to create a pipeline of shovel-ready, locally- and regionally-driven projects that reflect state goals and priorities. While the program funds some demonstration projects, in general, it does not fund implementation of projects. The program also offers block grants to coordinating organizations to support the statewide implementation of the program.

The Budget Act of 2018 appropriated $20 million from the Greenhouse Gas Reduction Fund (GGRF) to the California Natural Resources Agency (CNRA) to support regional implementation of landscape-level forest health projects (Chapter 30, Statutes of 2018). CNRA partnered with DOC to develop and implement this program, which became the RFFC program. In 2021, the Legislature amended the Budget Act of 2020 to appropriate $50 million General Fund (GF) in early action to DOC for the program (Chapter 14, Statutes of 2021) and later in the year, adopted the Budget Act of 2021, appropriating another $60 million GF to DOC for this purpose (Chapter 240, Statutes of 2021). As of August 2023, DOC had awarded most of the funding appropriated for this program and intended to award another $20 million in 2024. The latter funding may be delayed or pulled back, however, based on ongoing budget negotiations.

Existing law:

1. Establishes DOC in CNRA under the control of the DOC director. Public Resources Code (PRC) §600.
2. Establishes the RFFC program in DOC to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and fire resilience. PRC §4208.1.
3. Directs DOC to publish and update on its internet website the following information related to implementation of the RFFC program:
   1. A list of entities and organizations funded by the program.
   2. The outcomes of any block grant provided, as specified, including a summary of the benefits.
   3. A description of progress towards ensuring there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone, as specified. PRC §4208.1.

PROPOSED LAW

This bill would:

1. Direct DOC, by December 31, 2028, and every five years thereafter, to submit a report to the Legislature that evaluates the RFFC program’s impact and effectiveness, as specified. Further, require the report to include assessments of the following:
   1. Each grantee’s planning processes, which may include an evaluation of how inclusive a grantee’s regional collaboration process is, as specified.
   2. The extent to which adopted regional priority plans align with the goals of the RFFC program and state priorities for wildfire and forest resilience, as specified.
   3. The extent to which the RFFC program increases capacity for and implementation of landscape‑level forest health projects within each region compared to before the program existed.
2. Require the first report to assess the value and appropriateness of the geographic definitions of regions, including whether certain regions are the right size to coordinate most effectively to meet the goals of the RFFC program.
3. Require DOC to contract with an independent third party to prepare the report.

ARGUMENTS IN SUPPORT

According to the author, “Over the past three decades, California has seen the 15 largest and 20 most destructive wildfires in the state’s history. In 2018, the Regional Forest and Fire Capacity Program (RFFC) was created to encourage community wildfire resiliency and improve forest health. This program provides flexible regional block grants, in recognition of the diverse conditions and environments across the state. However, limited data collection and reporting have made it difficult to assess the program’s impact and efficacy, including whether adopted plans align with state priorities or are effective at achieving state goals for forest health and wildfire prevention. SB 1029 requires the Department of Conservation (DOC) to conduct an assessment on the efficacy and impact of the RFFC Program to ensure the goals of the program are being met and that adopted regional plans align with state priorities.”

ARGUMENTS IN OPPOSITION

None received.

COMMENTS

This bill would implement two LAO recommendations. The Legislative Analyst’s Office (LAO) reviewed the RFFC Program in 2021. In the resulting report, entitled An Initial Review of the Regional Forest and Fire Capacity Program, the LAO made multiple findings, including, as it relates to this bill, the following:

• The RFFC program is a promising state effort to support regional coordination, but the program’s limited data collection and reporting makes it difficult to evaluate the program. In particular, the LAO noted that the absence of program evaluation makes it difficult for the Legislature to (1) hold DOC accountable for achieving programmatic goals that reflect legislative priorities and (2) make future funding and policy decisions for the program. In addition, the absence of data collection and regular reporting could affect how well DOC is able to administer the program, including how it uses technical assistance, data, and information on best practices in the future to support the grantees.
• It is unclear whether the program’s definition of regions is optimal and comprehensive. In particular, regional grantees cover areas that vary in size by tens of millions of acres and it is unclear whether the resulting geographic regions are the most strategic in size to effectively meet program goals.

In response to these findings, the LAO recommended the Legislature direct DOC to develop an evaluation of the RFFC program, culminating in a regularly published report assessing how well the program is meeting state priorities. More specifically, the LAO determined that this evaluation should regularly assess the program in three aspects— processes, deliverables, and outcomes. Additionally, the LAO recommended requiring an initial report to address whether the regions are strategic.

This bill would adopt these recommendations by requiring DOC, on or before December 31, 2028, and every five years thereafter, to submit a legislative report that evaluates the RFFC program’s impact and effectiveness. The report must include all of the following:

• An assessment of each grantee’s planning processes, as specified. This seeks to address the LAO’s recommendation to assess process.
• An assessment of the extent to which adopted regional priority plans align with the goals of the program and state priorities for wildfire and forest resilience, as specified. This seeks to address the LAO’s recommendation to assess deliverables.
• An assessment of the extent to which the program increases capacity for and implementation of landscape‑level forest health projects within each region compared to before the program existed. This seeks to address the LAO’s recommendation to assess outcomes.

In addition, the bill would require the first report to assess the value and appropriateness of the geographic definitions of regions, including whether certain regions are the right size to coordinate most effectively to meet the goals of the program. This seeks to address the LAO’s recommendation to assess whether the regions are strategic.

The bill also directs DOC to contract with an independent third party to prepare the report to allow for a more neutral review of the program.

Related legislation.

SB 675 (Limon, 2023) would direct DOC to consider and incorporate, where appropriate, guidance for local or regional prescribed grazing plans developed by the Range Management Advisory Committee in the RFFC program. This bill is on the inactive file in the Assembly.

AB 388 (Connolly, 2023) would have directed DOC to establish guidelines for funding the implementation of regional priority strategies developed under the RFFC program and would have authorized specified state agencies to award block grant funding to implement these strategies. This bill was held on the suspense file in the Senate Appropriations Committee.

AB 156 (Committee on Budget, Chapter 569, Statutes of 2022) authorized DOC, until July 1, 2025, to authorize advance payments on RFFC program grants in accordance with specified requirements.

SB 456 (Laird, Chapter 387, Statutes of 2021) directs the Wildfire and Forest Resilience Task Force by January 1, 2022, and updated every five years thereafter, to develop a comprehensive implementation strategy to achieve the goals and key actions identified in the state’s Wildfire and Forest Resilience Action Plan, including expanding the RFFC program through the development of a statewide network of regional forest and community fire resilience plans.

AB 9 (Wood, Chapter 225, Statutes of 2021) codified the RFFC program.

AB 38 (Wood, Ch. 391, Statutes of 2019) directed CNRA, by July 1, 2021, to review the regional capacity of each county that contains a very high fire hazard severity zone to improve forest health, fire resilience, and safety.

SUPPORT

None Received

OPPOSITION

None Received

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