SB 904: California Emergency Services Act: disaster recovery: wildfires.

Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist, and authorizes the Governor to exercise certain powers in response to that emergency, including, but not limited to, suspending specified statutes, ordinances, orders, regulations, or rules.

This bill would require the Department of Housing and Community Development, in consultation with other specified state agencies, within 30 days of a state of emergency declared by the Governor relating to a wildfire, to provide a report to the Governor and the Legislature identifying state permitting requirements that may unduly impede efforts to rebuild properties or facilities destroyed as a result of the state of emergency that should be considered for suspension. The bill would also require the department, in consultation with other specified state agencies, within 60 days of a state of emergency relating to a wildfire, to review and provide a report to the Governor and the Legislature with recommendations regarding any provision of the California Building Standards Code that should be suspended for specified projects in order to facilitate rapid, safe, and cost-effective rebuilding and recovery. The bill would further require the department, upon the declaration of a state of emergency relating to a wildfire, to coordinate with local governments to identify and recommend procedures to establish rapid permitting and approval processes to expedite the reconstruction or replacement of residential properties destroyed or damaged by the state of emergency, and would require the department, within 60 days of the state of emergency, to submit a report to the Governor and the Legislature with those recommendations.

This bill, except as provided, would require, upon the Governors declaration of a state of emergency relating to a wildfire, every state agency and local agency involved in postdisaster response, debris removal, reconstruction, housing, or land-use permitting to accept electronic submission of any application, form, plan set, appeal, or request for agency action related to recovery efforts for that state of emergency, as provided. By imposing new duties on local agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.