This bill would require the office, on or before January 1, 2025, 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 office 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.

The bill would require the office, on or before August 1, 2025, 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.

Existing law, the California Energy Infrastructure Safety Act, establishes in the Natural Resources Agency the Office of Energy Infrastructure Safety, which provides that the offices primary objective is to ensure that regulated entities, as defined, are reducing wildfire risk and complying with energy infrastructure safety measures as required by law. The act authorizes the office to do many things related to energy infrastructure safety, including determining that a regulated entity is not in compliance with any matter under the authority of the office. If necessary, the act authorizes the office to undertake an investigation into whether the regulated entity is noncompliant with its duties and responsibilities or has otherwise committed violations of any laws, regulations, or guidelines within the authority of the office. The act authorizes the office to issue a notice of defect or violation to direct the regulated entity to correct any defect or noncompliance with the approved wildfire mitigation plan or failure to comply with any laws, regulations, or guidelines within the authority of the office.

This bill would require the office, on or before April 1, 2025, and every 3 years thereafter, to prepare a Wildfire Risk Baseline and Forecast for the state, as provided. The bill would require the forecast to accomplish certain 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 office, on or before January 1, 2025, 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 office, on or before August 1, 2025, 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.

Existing law requires each electrical corporation to annually prepare and submit a wildfire mitigation plan to the office.

The bill would require the office to apply the report and the framework, described above, when evaluating a wildfire mitigation plan of an electrical corporation in order to ensure maximum feasible consistency and coordination between the wildfire mitigation plan and activities undertaken by other parties that reduce wildfire risk and consequence. The bill would authorize the office, among other things, to direct an electrical utility to take wildfire risk mitigation actions in accordance with the framework.

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

SB 436 (Dodd) - Wildfire safety: The California Wildfire Mitigation Strategic Planning Act

Bill Summary:

SB 436 requires the Office of Emergency Services (OES) 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:

The OES estimates costs of approximately $2,829,000 annually to comply with the requirements of this bill (General Fund).

Staff notes the total fiscal impact of the bill will depend on the extent OES contracts out with private consulting firms or public universities with the required expertise, and length of the contract OES may enter into. Contracting costs will likely range in the millions of dollars but subject to change if certain data can be readily available via state or local agencies or if additional data collection is necessary.

As the bill tasks OES with developing and updating the framework, forecast, and report in perpetuity, any contracting or other resource needs will likely be required on a long-term or permanent basis.

Background:

The State of California has the main responsibility for wildfire response activities—commonly known as firefighting—on about one-third of California’s land area. With over 38 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). 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.

Proposed Law:

• By January 1, 2025 and every three years thereafter, requires OES to prepare a Wildfire Risk Mitigation Planning Framework sufficient to quantitatively evaluate wildfire risk mitigation actions as determined by the director of OES.
  • Requires the framework to allow for geospatial evaluation and comparison of wildfire risk mitigation actions to direct mitigation efforts and long-term planning.
  • Authorizes the framework, for each wildfire mitigation action, including near-term and long-term estimates, to include specific criteria.
  • Requires the framework to be updated in conjunction with the Wildfire Risk Baseline and Forecast, as specified.
  • Requires OES to make the framework available as a planning tool for all state and federal agencies, electric utilities, municipalities and local governments, nongovernmental organizations and private actors seeking state funding, and other stakeholders as determined appropriate by the director of OES.
  • Requires OES to make the factual and analytical basis for the framework available to the public on its internet website to the maximum extent practicable.
• By April 1, 2025 and every three years thereafter, requires OES to prepare a Wildfire Risk Baseline and Forecast that is delineated on a statewide level and by county.
  • Requires the forecast to include geographic specificity, be prepared in coordination with the wildfire mitigation plan, and accomplish specified goals and contain specified criteria.
  • Authorizes the forecast to take into account the contribution to wildfire risk and consequence created by weather, fuel type and fuel loading, historic fire regimes and changing fire patterns, climate change, human population and population density, development patterns, electric infrastructure, and other factors determined to be relevant by the director of OES.
  • Requires OES to provide 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 from a wildfire mitigation plan and nonutility wildfire mitigation investments.
  • Requires OES to submit a copy of the forecast to the Legislature and make the factual and analytical bases for the wildfire risk and consequence estimates included in the forecast available to the public to the maximum extent practicable each year the forecast is completed.
• Before August 1, 2025 and annually thereafter, requires OES to prepare a Wildfire Mitigation Scenarios Report.
  • Requires the report to contain specified information, including: 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 impacted entities, quantifications of risk reduction achieved and the risk-spend efficiency of mitigation actions based on the forecast and framework, and recommendations on achieving 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 OES to submit a copy of the annual report to the Legislature and make publicly available the factual and analytical bases for the report to the maximum extent practicable.
• Authorizes the director of OES to contract with a private consultant or public university with special expertise in the quantitative assessment of wildfire risk and risk mitigation to conduct quantitative wildfire and community risk modeling and report preparation.
• Establishes definitions for purposes of the California Wildfire Mitigation Strategic Planning Act.
• States legislative findings and declarations.

Staff Comments: For comparison, the 2020-21 Budget included $2 million ongoing General Fund to establish the Wildfire Forecast & Threat Intelligence Integration Center (WFTIIC) consistent with SB 209 (Dodd, 405, Statutes of 2019) requirements. SB 209 established WFTIIC to serve as the state’s integrated central organizing hub for wildfire forecasting, weather information, threat intelligence gathering, analysis, and dissemination. WFTIIC is tasked with coordinating wildfire threat intelligence and data sharing among federal, state, local agencies, tribal governments, utilities, other service providers, academic institutions, and nongovernmental organizations. WFTIIC is jointly established and lead by OES and the California Department of Forestry and Fire Prevention.

-- END --

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2023 - 2024 Regular

Bill No: SB Hearing Date: 4/11/2023

SUBJECT:

DIGEST: This bill, the California Wildfire Mitigation Strategic Planning Act, requires the Office of Emergency Service (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.

ANALYSIS:

Existing law:

1. The California Emergency Services Act (ESA) establishes OES, within the Governor’s office under the supervision of the Director of Emergency Services (Director), and makes the office responsible for the state’s emergency and disaster response services for natural, technological, or man-made disasters and emergencies.
2. 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.
3. 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.

This bill:

1. Requires OES, on or before January 1, 2025, and every three years thereafter, to prepare a Wildfire Risk Mitigation Planning Framework, as specified.
2. Requires OES, on or before April 1, 2025, 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, including geographic specificity as determined by the Director to be sufficient to evaluate targeted wildfire risk mitigation actions, as specified.
3. Requires OES, on or before August 1, 2025, to prepare a Wildfire Mitigation Scenarios Report, to be updated annually, as specified.
4. Requires OES, to the maximum extent possible or practicable, to make publicly available the factual and analytical basis for the framework and wildfire risk and consequences estimates on its internet website.
5. Authorizes the 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 purposes of the bill.
6. Defines “risk to spend efficiency” to mean the net present value of monetized reduction in wildfire consequences per dollar of risk mitigation expenditure.
7. Defines “wildfire risk mitigation action” to mean 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.

Background

Purpose of the Bill. According to the author’s office, “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 ignitions. Oversight of utility wildfire mitigation by the Office of Electric Infrastructure Safety has made it a center of knowledge and expertise on quantification of wildfire risk.

Further, the author’s office states that “SB 436 will establish a framework to evaluate how these multiple activities will interact and might be coordinated to maximize their effectiveness and cost-effectiveness. This is particularly urgent given that annual utility spending is approximately 20 times larger than state spending.”

California’s Wildfire Reality. The State of California has the main responsibility for wildfire response activities—commonly known as firefighting—on about one-third of California’s land area. With over 38 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). 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.

The California Department of Forestry and Fire Prevention (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 recent years, California has faced an alarming increase in destructive wildfires. Most of the largest and devastating fires have taken place within the last decade, culminating in a particularly severe outbreak in recent years. This period has 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, and 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 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 California Public Utilities Commission (PUC), 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 the office of 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 creates a Wildfire Risk Mitigation Planning Framework that OES will be required to prepare every three years starting in 2025. The purpose of the framework is to evaluate wildfire risk mitigation actions, including both short-term and long-term measures, in order to better coordinate and plan mitigation efforts across the state.

The framework will provide a geospatial evaluation of wildfire risk mitigation actions that are quantitatively evaluated to reduce the chances of a wildfire ignition or the consequences of a wildfire ignition after one occurs. This will help direct coordinated mitigation efforts and long-term collaborative mitigation planning.

The framework will incorporate a range of factors including the entity or entities responsible for the wildfire risk mitigation action, cost of the action, the risk events and consequences targeted, and estimates of risk to spend efficiency of the wildfire risk mitigation action. The framework will also take into account the interactions, co-benefits, and joint impacts with other wildfire risk mitigation activities, climate change, drought, past wildfires, and other environmental factors and metrics.

The Director will determine the appropriate factors to be included in the framework, which may vary depending on the specific mitigation action. The report will be updated in conjunction with the Wildfire Risk Baseline and Forecast prepared pursuant to this bill, and will be made available as a planning tool for all entities included in the Wildfire Mitigation Scenarios Report prepared pursuant to this bill. The framework is intended to allow for coordinated, geospatial planning and evaluation of wildfire risk mitigation actions across the state of California.

Wildfire Risk Baseline and Forecast. This bill requires OES to prepare a Wildfire Risk Baseline and Forecast for the state of California every three years. The forecast must include a statewide and county-specific evaluation of the current ignition risk and potential consequences of wildfires to human life, structures, infrastructure, ecosystems, and other resources. It must also establish key risk metrics and reasonable levels of unmitigated planned risk that the state can assume and manage through fire suppression.

The forecast also includes an estimated wildfire risk and consequences in one-year, three-year, and 10-year projections. The forecast may take into account factors such as weather, fuel type, climate change, population density, development patterns, and electric infrastructure, among others. OES is also required to provide recommendations on how to achieve better coordination, risk-to-spend efficiency, and overall cost-effectiveness between utility-related wildfire mitigation investments made pursuant to a wildfire mitigation plan and non-utility wildfire mitigation investments.

Annual Wildfire Mitigation Scenarios Report. This bill requires OES to prepare a Wildfire Mitigation Scenarios Report each year. The report will identify a reasonable range of possible scenarios for overall wildfire risk mitigation spending over the next one-year and three-year periods. It will also contain planned and likely statewide wildfire risk mitigation actions by state and federal agencies, electric utilities, municipalities, local governments, NGOs, and other stakeholders.

The report must quantify the overall risk reduction achieved through the implementation of all planned and potential wildfire risk mitigation actions relative to the baseline level of unmitigated risk contained in the most recent forecast. It will also quantify the risk-to-spend efficiency of all planned wildfire risk mitigation actions using the framework.

Using the framework, the report will identify and describe in detail 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. Finally, the report will provide recommendations on how to achieve better coordination, risk-to-spend efficiency, and overall cost-effectiveness between utility-related wildfire mitigation investments made pursuant to a wildfire mitigation plan and non-utility wildfire mitigation investments.

This bill authorizes the Director to contract with a private consultant or 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 described above.

Prior/Related Legislation

SB 577 (Hurtado, 2023) would limit the ability of the State Fire Marshal (SFM) to establish and collect admission and other fees associated with the California Fire Services Training and Education Program and the California Fire and Arson Training Act only to the extent that state appropriations and other funding sources are insufficient to cover the necessary associated costs. (Pending in the Senate Appropriations Committee)

AB 570 (Gallagher, 2023) would clarify that County Service Areas that exclusively provide fire protection services are eligible for Special District Fire Response Fund grants, as specified. (Pending in the Assembly Appropriations Committee)

SB 52 (Dodd, Chapter 597, Statutes of 2021) added “deenergization event” as a planned power outage, as defined, to the list of conditions constituting a local emergency, with prescribed limitations.

SB 109 (Dodd, Chapter 239, Statutes of 2021) established the Office of Wildfire Technology Research and Development and the Wildfire Technology Research and Development Review Advisory Board, as specified.

AB 642 (Friedman, Chapter 375, Statutes of 2022) made multiple changes to enhance wildland fire prevention efforts, including, among other things, incorporating and facilitating cultural burning practices, and requiring the identification of moderate and high fire hazard severity zones in local responsibility areas, as provided.

SB 209 (Dodd, Chapter 405, Statutes of 2019) established the California Wildfire Forecast and Threat Intelligence Integration Center, as specified.

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

SUPPORT:

Humboldt Redwood Company

Mendocino Redwood Company

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: In support of the bill, the Humboldt Redwood Company and the Mendocino Redwood Company write that, “you are well aware on the significant impacts wildfires have caused in the last ten years. Millions of acres have been lost to these events along with thousands of homes and other structures. These impacts have created a loss of natural carbon sequestration, deterioration of water quality, loss of recreational opportunities, and loss of wildlife habitat. Long term planning of large landscape-level projects is needed to mitigate the hazards associated with wildfire events. The wildfire forecast as discussed in this bill looks at not only the risks for the next 10 years but also mitigation measures over this time period to limit this risk. The bill also generates scenarios for mitigation efforts to ensure entities conducting this work collaborate to ensure landscape-scale treatments are cost effective. For these reasons, we support this bill and respectfully ask for your support as well. We thank Senator Dodd for his leadership on this issue.”