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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1455Introduced by Assembly Member BryanFebruary 21, 2025 An act to amend Section 65040.21 of the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTAB 1455, as introduced, Bryan. Office of Land Use and Climate innovation: fire hazard planning.Existing law establishes the Office of Land Use and Climate Innovation (office) in the Governors office for the purpose of serving the Governor and the Governors cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency. Existing law requires the office, by July 1, 2020, and in consultation with the Department of Forestry and Fire Protection, the State Board of Forestry and Fire Protection, and other fire and safety experts, to update the guidance document entitled Fire Hazard Planning, General Plan Technical Advice Series, and to subsequently update that document not less than once every 8 years.This bill would, beginning January 1, 2026, require the office to update the above-described document not less than once every 5 years.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 65040.21 of the Government Code, as added by Section 4 of Chapter 641 of the Statutes of 2018, is amended to read:65040.21. By July 1, 2020, the office shall, in consultation with the Department of Forestry and Fire Protection, the State Board of Forestry and Fire Protection, and other fire and safety experts, update the guidance document entitled Fire Hazard Planning, General Plan Technical Advice Series. The guidance document shall include specific land use strategies to reduce fire risk to buildings, infrastructure, and communities. The office shall, on and after July 1, 2020, beginning January 1, 2026, update the guidance document not less than once every eight five years. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1455Introduced by Assembly Member BryanFebruary 21, 2025 An act to amend Section 65040.21 of the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTAB 1455, as introduced, Bryan. Office of Land Use and Climate innovation: fire hazard planning.Existing law establishes the Office of Land Use and Climate Innovation (office) in the Governors office for the purpose of serving the Governor and the Governors cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency. Existing law requires the office, by July 1, 2020, and in consultation with the Department of Forestry and Fire Protection, the State Board of Forestry and Fire Protection, and other fire and safety experts, to update the guidance document entitled Fire Hazard Planning, General Plan Technical Advice Series, and to subsequently update that document not less than once every 8 years.This bill would, beginning January 1, 2026, require the office to update the above-described document not less than once every 5 years.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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| 5 | - | Amended IN Assembly March 24, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly March 24, 2025 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
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| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 1455 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member BryanFebruary 21, 2025 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Bryan | |
| 18 | 18 | February 21, 2025 | |
| 19 | 19 | ||
| 20 | - | An act to amend Section 65040.21 of | |
| 20 | + | An act to amend Section 65040.21 of the Government Code, relating to state government. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 1455, as | |
| 26 | + | AB 1455, as introduced, Bryan. Office of Land Use and Climate innovation: fire hazard planning. | |
| 27 | 27 | ||
| 28 | - | The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.Under CEQA, when a regulatory program of a state agency requires a plan or other written documentation containing environmental information, includes a description of the proposed activity with alternatives to the activity, and mitigation measures, as specified, and is available for a reasonable time for review and comment, as specified, that plan or other written documentation may be submitted in lieu of an environmental impact report if the Secretary of the Natural Resources Agency has certified the regulatory program, as provided.This bill would require the State Board of Forestry and Fire Protection to adopt regulations to implement defensible space requirements for an ember-resistant zone required within 5 feet of a structure in a state responsibility area and a very high fire hazard severity zone, as specified. The bill would require the regulations to follow a specified rulemaking process and be adopted as emergency regulations. The bill would require the Office of Administrative Law to consider the adoption of initial regulations as necessary for the immediate preservation of the public peace, health, safety, and general welfare. The bill would require the Secretary of the Natural Resources Agency to verify the regulations as a certified regulatory program for purposes of CEQA, as specified.Existing law establishes the Office of Land Use and Climate Innovation (office) in the Governors office for the purpose of serving the Governor and the Governors cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency. Existing law requires the office, by July 1, 2020, and in consultation with the Department of Forestry and Fire Protection, the State Board of Forestry and Fire Protection, and other fire and safety experts, to update the guidance document entitled Fire Hazard Planning, General Plan Technical Advice Series, and to subsequently update that document not less than once every 8 years.This bill would, beginning January 1, 2026, require the office to update the above-described document not less than once every 5 years. | |
| 29 | - | ||
| 30 | - | The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. | |
| 31 | - | ||
| 32 | - | Under CEQA, when a regulatory program of a state agency requires a plan or other written documentation containing environmental information, includes a description of the proposed activity with alternatives to the activity, and mitigation measures, as specified, and is available for a reasonable time for review and comment, as specified, that plan or other written documentation may be submitted in lieu of an environmental impact report if the Secretary of the Natural Resources Agency has certified the regulatory program, as provided. | |
| 33 | - | ||
| 34 | - | This bill would require the State Board of Forestry and Fire Protection to adopt regulations to implement defensible space requirements for an ember-resistant zone required within 5 feet of a structure in a state responsibility area and a very high fire hazard severity zone, as specified. The bill would require the regulations to follow a specified rulemaking process and be adopted as emergency regulations. The bill would require the Office of Administrative Law to consider the adoption of initial regulations as necessary for the immediate preservation of the public peace, health, safety, and general welfare. The bill would require the Secretary of the Natural Resources Agency to verify the regulations as a certified regulatory program for purposes of CEQA, as specified. | |
| 28 | + | Existing law establishes the Office of Land Use and Climate Innovation (office) in the Governors office for the purpose of serving the Governor and the Governors cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency. Existing law requires the office, by July 1, 2020, and in consultation with the Department of Forestry and Fire Protection, the State Board of Forestry and Fire Protection, and other fire and safety experts, to update the guidance document entitled Fire Hazard Planning, General Plan Technical Advice Series, and to subsequently update that document not less than once every 8 years.This bill would, beginning January 1, 2026, require the office to update the above-described document not less than once every 5 years. | |
| 35 | 29 | ||
| 36 | 30 | Existing law establishes the Office of Land Use and Climate Innovation (office) in the Governors office for the purpose of serving the Governor and the Governors cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency. Existing law requires the office, by July 1, 2020, and in consultation with the Department of Forestry and Fire Protection, the State Board of Forestry and Fire Protection, and other fire and safety experts, to update the guidance document entitled Fire Hazard Planning, General Plan Technical Advice Series, and to subsequently update that document not less than once every 8 years. | |
| 37 | 31 | ||
| 38 | - | ||
| 39 | - | ||
| 40 | 32 | This bill would, beginning January 1, 2026, require the office to update the above-described document not less than once every 5 years. | |
| 41 | - | ||
| 42 | - | ||
| 43 | 33 | ||
| 44 | 34 | ## Digest Key | |
| 45 | 35 | ||
| 46 | 36 | ## Bill Text | |
| 47 | 37 | ||
| 48 | - | The people of the State of California do enact as follows:SECTION 1. | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 65040.21 of the Government Code, as added by Section 4 of Chapter 641 of the Statutes of 2018, is amended to read:65040.21. By July 1, 2020, the office shall, in consultation with the Department of Forestry and Fire Protection, the State Board of Forestry and Fire Protection, and other fire and safety experts, update the guidance document entitled Fire Hazard Planning, General Plan Technical Advice Series. The guidance document shall include specific land use strategies to reduce fire risk to buildings, infrastructure, and communities. The office shall, on and after July 1, 2020, beginning January 1, 2026, update the guidance document not less than once every eight five years. | |
| 49 | 39 | ||
| 50 | 40 | The people of the State of California do enact as follows: | |
| 51 | 41 | ||
| 52 | 42 | ## The people of the State of California do enact as follows: | |
| 53 | 43 | ||
| 54 | - | SECTION 1. Section | |
| 44 | + | SECTION 1. Section 65040.21 of the Government Code, as added by Section 4 of Chapter 641 of the Statutes of 2018, is amended to read:65040.21. By July 1, 2020, the office shall, in consultation with the Department of Forestry and Fire Protection, the State Board of Forestry and Fire Protection, and other fire and safety experts, update the guidance document entitled Fire Hazard Planning, General Plan Technical Advice Series. The guidance document shall include specific land use strategies to reduce fire risk to buildings, infrastructure, and communities. The office shall, on and after July 1, 2020, beginning January 1, 2026, update the guidance document not less than once every eight five years. | |
| 55 | 45 | ||
| 56 | - | SECTION 1. Section | |
| 46 | + | SECTION 1. Section 65040.21 of the Government Code, as added by Section 4 of Chapter 641 of the Statutes of 2018, is amended to read: | |
| 57 | 47 | ||
| 58 | 48 | ### SECTION 1. | |
| 59 | 49 | ||
| 60 | - | ||
| 50 | + | 65040.21. By July 1, 2020, the office shall, in consultation with the Department of Forestry and Fire Protection, the State Board of Forestry and Fire Protection, and other fire and safety experts, update the guidance document entitled Fire Hazard Planning, General Plan Technical Advice Series. The guidance document shall include specific land use strategies to reduce fire risk to buildings, infrastructure, and communities. The office shall, on and after July 1, 2020, beginning January 1, 2026, update the guidance document not less than once every eight five years. | |
| 61 | 51 | ||
| 62 | - | ||
| 52 | + | 65040.21. By July 1, 2020, the office shall, in consultation with the Department of Forestry and Fire Protection, the State Board of Forestry and Fire Protection, and other fire and safety experts, update the guidance document entitled Fire Hazard Planning, General Plan Technical Advice Series. The guidance document shall include specific land use strategies to reduce fire risk to buildings, infrastructure, and communities. The office shall, on and after July 1, 2020, beginning January 1, 2026, update the guidance document not less than once every eight five years. | |
| 63 | 53 | ||
| 64 | - | ||
| 54 | + | 65040.21. By July 1, 2020, the office shall, in consultation with the Department of Forestry and Fire Protection, the State Board of Forestry and Fire Protection, and other fire and safety experts, update the guidance document entitled Fire Hazard Planning, General Plan Technical Advice Series. The guidance document shall include specific land use strategies to reduce fire risk to buildings, infrastructure, and communities. The office shall, on and after July 1, 2020, beginning January 1, 2026, update the guidance document not less than once every eight five years. | |
| 65 | 55 | ||
| 66 | 56 | ||
| 67 | 57 | ||
| 68 | - | 51182.5. (a) The State Board of Forestry and Fire Protection shall adopt regulations to implement defensible space requirements for an ember-resistant zone required within five feet of a structure in a state responsibility area and a very high fire hazard severity zone pursuant to Section 51182 of this code and Section 4291 of the Public Resources Code. | |
| 69 | - | ||
| 70 | - | (b) The regulations adopted pursuant to this section shall do both of the following: | |
| 71 | - | ||
| 72 | - | (1) Follow a rulemaking process that is consistent with the rulemaking processes contained in the Zberg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code). | |
| 73 | - | ||
| 74 | - | (2) Be adopted as emergency regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. The adoption of initial regulations is in response to an emergency and the Office of Administrative Law shall consider the adoption of initial regulations as necessary for the immediate preservation of the public peace, health, safety, and general welfare. | |
| 75 | - | ||
| 76 | - | (c) The State Board of Forestry and Fire Protection may readopt any emergency regulation authorized by this section that is the same as or substantially equivalent to an emergency regulation previously adopted pursuant to this section. | |
| 77 | - | ||
| 78 | - | (d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, any emergency regulations adopted or readopted pursuant to this section shall remain in effect until revised by the State Board of Forestry and Fire Protection. | |
| 79 | - | ||
| 80 | - | (e) The Secretary of the Natural Resources Agency shall certify the regulations adopted pursuant to this section as a certified regulatory program pursuant to Section 21080.5 of the Public Resources Code. | |
| 81 | - | ||
| 82 | - | ||
| 83 | - | ||
| 84 | - | ||
| 85 | - | ||
| 86 | - | By July 1, 2020, the office shall, in consultation with the Department of Forestry and Fire Protection, the State Board of Forestry and Fire Protection, and other fire and safety experts, update the guidance document entitled Fire Hazard Planning, General Plan Technical Advice Series. The guidance document shall include specific land use strategies to reduce fire risk to buildings, infrastructure, and communities. The office shall, beginning January 1, 2026, update the guidance document not less than once every five years. | |
| 58 | + | 65040.21. By July 1, 2020, the office shall, in consultation with the Department of Forestry and Fire Protection, the State Board of Forestry and Fire Protection, and other fire and safety experts, update the guidance document entitled Fire Hazard Planning, General Plan Technical Advice Series. The guidance document shall include specific land use strategies to reduce fire risk to buildings, infrastructure, and communities. The office shall, on and after July 1, 2020, beginning January 1, 2026, update the guidance document not less than once every eight five years. |