| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1456Introduced by Assembly Member BryanFebruary 21, 2025 An act to add Section 21080.52 to the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGESTAB 1456, as introduced, Bryan. California Environmental Quality Act: vegetation fuel management project exemption.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.This bill would exempt from CEQA a vegetation fuel management project, as defined, undertaken or funded by a public agency, or the adoption of an ordinance requiring the implementation of a vegetation fuel management project. The bill would require a lead agency that determines to carry out or approve an activity that is within the exemption to file a notice of exemption with the Office of Land Use and Climate Innovation, as specified.Because this bill would impose additional duties on local lead agencies to determine if the exemption applies and, if so, to file a notice of exemption, this 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 21080.52 is added to the Public Resources Code, to read:21080.52. (a) For purposes of this section, vegetation fuel management project means a project that meets all of the following requirements:(1) The vegetation fuel management project occurs in a project area that meets both of the following:(A) The project is within five miles of a structure.(B) The project area is within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or as designated by ordinance pursuant to Section 51179 of the Government Code.(2) The project contains a time restriction on the vegetation fuel management activity to protect species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, and species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(3) The vegetation fuel management activity removes vegetation that meets all of the following requirements:(A) The vegetation is a nonnative species.(B) The vegetation is eight inches or less in diameter.(C) The vegetation meets one or more of the following requirements:(i) The vegetation is an invasive species.(ii) The vegetation is dead, poorly maintained, or drought stressed, as determined by the State Fire Marshal or the State Fire Marshals designee.(iii) The vegetation is a common species that meets one of the following requirements:(I) The vegetation is biologically prone to burning due to chemical composition, including, but not limited to, vegetation containing volatile oils.(II) The vegetation is difficult to maintain in a fire-resistant state, including, but not limited to, vegetation that accumulates dead woody material, dead leaves, or other hazardous dead growth.(III) The vegetation has a physical structure that presents challenges to routine maintenance, including, but not limited to, thorny or dense shrubs that accumulate dead material in locations where it is difficult to remove.(IV) The vegetation has a high surface area to volume ratio, including, but not limited to, vegetation with fine needles or lacey leaves.(V) The vegetation is prone to rapid changes in moisture content in response to environmental conditions, including, but not limited to, vegetation that loses moisture within hours when exposed to hot, dry weather.(b) Notwithstanding Section 4799.05, this division does not apply to either of the following:(1) A vegetation fuel management project undertaken or funded by a public agency.(2) The adoption of an ordinance requiring the implementation of a vegetation fuel management project.(c) If a lead agency determines that an activity is not subject to this division pursuant to subdivision (b) and determines to approve or carry out the activity, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1456Introduced by Assembly Member BryanFebruary 21, 2025 An act to add Section 21080.52 to the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGESTAB 1456, as introduced, Bryan. California Environmental Quality Act: vegetation fuel management project exemption.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.This bill would exempt from CEQA a vegetation fuel management project, as defined, undertaken or funded by a public agency, or the adoption of an ordinance requiring the implementation of a vegetation fuel management project. The bill would require a lead agency that determines to carry out or approve an activity that is within the exemption to file a notice of exemption with the Office of Land Use and Climate Innovation, as specified.Because this bill would impose additional duties on local lead agencies to determine if the exemption applies and, if so, to file a notice of exemption, this 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly April 10, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly April 10, 2025 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 1456 | |
| 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 add Section 21080.52 | |
| 20 | + | An act to add Section 21080.52 to the Public Resources Code, relating to environmental quality. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 1456, as | |
| 26 | + | AB 1456, as introduced, Bryan. California Environmental Quality Act: vegetation fuel management project exemption. | |
| 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 | |
| 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.This bill would exempt from CEQA a vegetation fuel management project, as defined, undertaken or funded by a public agency, or the adoption of an ordinance requiring the implementation of a vegetation fuel management project. The bill would require a lead agency that determines to carry out or approve an activity that is within the exemption to file a notice of exemption with the Office of Land Use and Climate Innovation, as specified.Because this bill would impose additional duties on local lead agencies to determine if the exemption applies and, if so, to file a notice of exemption, this 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 no reimbursement is required by this act for a specified reason. | |
| 29 | 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 | |
| 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 | 31 | ||
| 32 | 32 | This bill would exempt from CEQA a vegetation fuel management project, as defined, undertaken or funded by a public agency, or the adoption of an ordinance requiring the implementation of a vegetation fuel management project. The bill would require a lead agency that determines to carry out or approve an activity that is within the exemption to file a notice of exemption with the Office of Land Use and Climate Innovation, as specified. | |
| 33 | 33 | ||
| 34 | - | ||
| 35 | - | ||
| 36 | 34 | Because this bill would impose additional duties on local lead agencies to determine if the exemption applies and, if so, to file a notice of exemption, this bill would impose a state-mandated local program. | |
| 37 | - | ||
| 38 | - | ||
| 39 | 35 | ||
| 40 | 36 | 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. | |
| 41 | 37 | ||
| 42 | - | ||
| 43 | - | ||
| 44 | 38 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 45 | - | ||
| 46 | - | ||
| 47 | - | ||
| 48 | - | CEQA authorizes the preparation and certification of an EIR for a program, plan, policy, or ordinance, commonly known as a program EIR, and requires a lead agency to examine later activities in the program in light of the program EIR to determine whether an additional environmental document is required to be prepared. | |
| 49 | - | ||
| 50 | - | This bill would require, on or before January 1, 2027, the State Board of Forestry and Fire Protection to update the California Vegetation Treatment Program Final Program Environmental Impact Report (FPEIR) to, among other things, expand the area that is treatable landscape under the FPEIR to portions of the state suitable for vegetation treatment consistent with the FPEIR, regardless of fire suppression responsibility designation, and recognize cultural burning conducted pursuant to a specified law as a covered treatment activity. The bill would authorize a public agency to partner with a federally recognized California Native American tribe to conduct a project under the FPEIR in the agencys jurisdiction. | |
| 51 | 39 | ||
| 52 | 40 | ## Digest Key | |
| 53 | 41 | ||
| 54 | 42 | ## Bill Text | |
| 55 | 43 | ||
| 56 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. Section 21080.52 is added to the Public Resources Code, to read:21080.52. (a) For purposes of this section, vegetation fuel management project means a project that meets all of the following requirements:(1) The vegetation fuel management project occurs in a project area that meets both of the following:(A) The project is within five miles of a structure.(B) The project area is within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or as designated by ordinance pursuant to Section 51179 of the Government Code.(2) The project contains a time restriction on the vegetation fuel management activity to protect species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, and species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(3) The vegetation fuel management activity removes vegetation that meets all of the following requirements:(A) The vegetation is a nonnative species.(B) The vegetation is eight inches or less in diameter.(C) The vegetation meets one or more of the following requirements:(i) The vegetation is an invasive species.(ii) The vegetation is dead, poorly maintained, or drought stressed, as determined by the State Fire Marshal or the State Fire Marshals designee.(iii) The vegetation is a common species that meets one of the following requirements:(I) The vegetation is biologically prone to burning due to chemical composition, including, but not limited to, vegetation containing volatile oils.(II) The vegetation is difficult to maintain in a fire-resistant state, including, but not limited to, vegetation that accumulates dead woody material, dead leaves, or other hazardous dead growth.(III) The vegetation has a physical structure that presents challenges to routine maintenance, including, but not limited to, thorny or dense shrubs that accumulate dead material in locations where it is difficult to remove.(IV) The vegetation has a high surface area to volume ratio, including, but not limited to, vegetation with fine needles or lacey leaves.(V) The vegetation is prone to rapid changes in moisture content in response to environmental conditions, including, but not limited to, vegetation that loses moisture within hours when exposed to hot, dry weather.(b) Notwithstanding Section 4799.05, this division does not apply to either of the following:(1) A vegetation fuel management project undertaken or funded by a public agency.(2) The adoption of an ordinance requiring the implementation of a vegetation fuel management project.(c) If a lead agency determines that an activity is not subject to this division pursuant to subdivision (b) and determines to approve or carry out the activity, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 57 | 45 | ||
| 58 | 46 | The people of the State of California do enact as follows: | |
| 59 | 47 | ||
| 60 | 48 | ## The people of the State of California do enact as follows: | |
| 61 | 49 | ||
| 62 | - | SECTION 1. Section | |
| 50 | + | SECTION 1. Section 21080.52 is added to the Public Resources Code, to read:21080.52. (a) For purposes of this section, vegetation fuel management project means a project that meets all of the following requirements:(1) The vegetation fuel management project occurs in a project area that meets both of the following:(A) The project is within five miles of a structure.(B) The project area is within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or as designated by ordinance pursuant to Section 51179 of the Government Code.(2) The project contains a time restriction on the vegetation fuel management activity to protect species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, and species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(3) The vegetation fuel management activity removes vegetation that meets all of the following requirements:(A) The vegetation is a nonnative species.(B) The vegetation is eight inches or less in diameter.(C) The vegetation meets one or more of the following requirements:(i) The vegetation is an invasive species.(ii) The vegetation is dead, poorly maintained, or drought stressed, as determined by the State Fire Marshal or the State Fire Marshals designee.(iii) The vegetation is a common species that meets one of the following requirements:(I) The vegetation is biologically prone to burning due to chemical composition, including, but not limited to, vegetation containing volatile oils.(II) The vegetation is difficult to maintain in a fire-resistant state, including, but not limited to, vegetation that accumulates dead woody material, dead leaves, or other hazardous dead growth.(III) The vegetation has a physical structure that presents challenges to routine maintenance, including, but not limited to, thorny or dense shrubs that accumulate dead material in locations where it is difficult to remove.(IV) The vegetation has a high surface area to volume ratio, including, but not limited to, vegetation with fine needles or lacey leaves.(V) The vegetation is prone to rapid changes in moisture content in response to environmental conditions, including, but not limited to, vegetation that loses moisture within hours when exposed to hot, dry weather.(b) Notwithstanding Section 4799.05, this division does not apply to either of the following:(1) A vegetation fuel management project undertaken or funded by a public agency.(2) The adoption of an ordinance requiring the implementation of a vegetation fuel management project.(c) If a lead agency determines that an activity is not subject to this division pursuant to subdivision (b) and determines to approve or carry out the activity, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. | |
| 63 | 51 | ||
| 64 | - | SECTION 1. Section | |
| 52 | + | SECTION 1. Section 21080.52 is added to the Public Resources Code, to read: | |
| 65 | 53 | ||
| 66 | 54 | ### SECTION 1. | |
| 67 | 55 | ||
| 68 | - | ||
| 56 | + | 21080.52. (a) For purposes of this section, vegetation fuel management project means a project that meets all of the following requirements:(1) The vegetation fuel management project occurs in a project area that meets both of the following:(A) The project is within five miles of a structure.(B) The project area is within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or as designated by ordinance pursuant to Section 51179 of the Government Code.(2) The project contains a time restriction on the vegetation fuel management activity to protect species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, and species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(3) The vegetation fuel management activity removes vegetation that meets all of the following requirements:(A) The vegetation is a nonnative species.(B) The vegetation is eight inches or less in diameter.(C) The vegetation meets one or more of the following requirements:(i) The vegetation is an invasive species.(ii) The vegetation is dead, poorly maintained, or drought stressed, as determined by the State Fire Marshal or the State Fire Marshals designee.(iii) The vegetation is a common species that meets one of the following requirements:(I) The vegetation is biologically prone to burning due to chemical composition, including, but not limited to, vegetation containing volatile oils.(II) The vegetation is difficult to maintain in a fire-resistant state, including, but not limited to, vegetation that accumulates dead woody material, dead leaves, or other hazardous dead growth.(III) The vegetation has a physical structure that presents challenges to routine maintenance, including, but not limited to, thorny or dense shrubs that accumulate dead material in locations where it is difficult to remove.(IV) The vegetation has a high surface area to volume ratio, including, but not limited to, vegetation with fine needles or lacey leaves.(V) The vegetation is prone to rapid changes in moisture content in response to environmental conditions, including, but not limited to, vegetation that loses moisture within hours when exposed to hot, dry weather.(b) Notwithstanding Section 4799.05, this division does not apply to either of the following:(1) A vegetation fuel management project undertaken or funded by a public agency.(2) The adoption of an ordinance requiring the implementation of a vegetation fuel management project.(c) If a lead agency determines that an activity is not subject to this division pursuant to subdivision (b) and determines to approve or carry out the activity, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. | |
| 69 | 57 | ||
| 70 | - | ||
| 58 | + | 21080.52. (a) For purposes of this section, vegetation fuel management project means a project that meets all of the following requirements:(1) The vegetation fuel management project occurs in a project area that meets both of the following:(A) The project is within five miles of a structure.(B) The project area is within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or as designated by ordinance pursuant to Section 51179 of the Government Code.(2) The project contains a time restriction on the vegetation fuel management activity to protect species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, and species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(3) The vegetation fuel management activity removes vegetation that meets all of the following requirements:(A) The vegetation is a nonnative species.(B) The vegetation is eight inches or less in diameter.(C) The vegetation meets one or more of the following requirements:(i) The vegetation is an invasive species.(ii) The vegetation is dead, poorly maintained, or drought stressed, as determined by the State Fire Marshal or the State Fire Marshals designee.(iii) The vegetation is a common species that meets one of the following requirements:(I) The vegetation is biologically prone to burning due to chemical composition, including, but not limited to, vegetation containing volatile oils.(II) The vegetation is difficult to maintain in a fire-resistant state, including, but not limited to, vegetation that accumulates dead woody material, dead leaves, or other hazardous dead growth.(III) The vegetation has a physical structure that presents challenges to routine maintenance, including, but not limited to, thorny or dense shrubs that accumulate dead material in locations where it is difficult to remove.(IV) The vegetation has a high surface area to volume ratio, including, but not limited to, vegetation with fine needles or lacey leaves.(V) The vegetation is prone to rapid changes in moisture content in response to environmental conditions, including, but not limited to, vegetation that loses moisture within hours when exposed to hot, dry weather.(b) Notwithstanding Section 4799.05, this division does not apply to either of the following:(1) A vegetation fuel management project undertaken or funded by a public agency.(2) The adoption of an ordinance requiring the implementation of a vegetation fuel management project.(c) If a lead agency determines that an activity is not subject to this division pursuant to subdivision (b) and determines to approve or carry out the activity, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. | |
| 71 | 59 | ||
| 72 | - | ||
| 60 | + | 21080.52. (a) For purposes of this section, vegetation fuel management project means a project that meets all of the following requirements:(1) The vegetation fuel management project occurs in a project area that meets both of the following:(A) The project is within five miles of a structure.(B) The project area is within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or as designated by ordinance pursuant to Section 51179 of the Government Code.(2) The project contains a time restriction on the vegetation fuel management activity to protect species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, and species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(3) The vegetation fuel management activity removes vegetation that meets all of the following requirements:(A) The vegetation is a nonnative species.(B) The vegetation is eight inches or less in diameter.(C) The vegetation meets one or more of the following requirements:(i) The vegetation is an invasive species.(ii) The vegetation is dead, poorly maintained, or drought stressed, as determined by the State Fire Marshal or the State Fire Marshals designee.(iii) The vegetation is a common species that meets one of the following requirements:(I) The vegetation is biologically prone to burning due to chemical composition, including, but not limited to, vegetation containing volatile oils.(II) The vegetation is difficult to maintain in a fire-resistant state, including, but not limited to, vegetation that accumulates dead woody material, dead leaves, or other hazardous dead growth.(III) The vegetation has a physical structure that presents challenges to routine maintenance, including, but not limited to, thorny or dense shrubs that accumulate dead material in locations where it is difficult to remove.(IV) The vegetation has a high surface area to volume ratio, including, but not limited to, vegetation with fine needles or lacey leaves.(V) The vegetation is prone to rapid changes in moisture content in response to environmental conditions, including, but not limited to, vegetation that loses moisture within hours when exposed to hot, dry weather.(b) Notwithstanding Section 4799.05, this division does not apply to either of the following:(1) A vegetation fuel management project undertaken or funded by a public agency.(2) The adoption of an ordinance requiring the implementation of a vegetation fuel management project.(c) If a lead agency determines that an activity is not subject to this division pursuant to subdivision (b) and determines to approve or carry out the activity, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. | |
| 73 | 61 | ||
| 74 | 62 | ||
| 75 | 63 | ||
| 76 | - | 21088.1. (a) For purposes of this section, FPEIR means the Final Program Environmental Impact Report. | |
| 77 | - | ||
| 78 | - | (b) On or before January 1, 2027, the State Board of Forestry and Fire Protection shall update the California Vegetation Treatment Program FPEIR, certified by the state board in December 2019, in accordance with Section 21166. The update shall, at a minimum, do all of the following: | |
| 79 | - | ||
| 80 | - | (1) Expand the area that is treatable landscape under the FPEIR to portions of the state suitable for vegetation treatment consistent with the FPEIR, including for the treatment types of ecological restoration, fuel breaks, and wildland-urban interface fuel reduction, regardless of fire suppression responsibility designation. | |
| 81 | - | ||
| 82 | - | (2) Require a project under the FPEIR to incorporate in its project description the disposition of biomass generated by vegetation treatments, as necessary, including any commercial sale of biomass for the purpose of cost recovery. | |
| 83 | - | ||
| 84 | - | (3) Include provisions that recognize the dual objectives of cultural and ecological restoration through vegetation management activities that integrate indigenous knowledge and tribal ecological knowledge, and recognize cultural burning conducted pursuant to Section 4505 as a covered treatment activity. | |
| 85 | - | ||
| 86 | - | (c) A public agency may partner with a federally recognized California Native American tribe to conduct a project under the FPEIR in the agencys jurisdiction. | |
| 87 | - | ||
| 88 | - | ||
| 89 | - | ||
| 90 | - | ||
| 91 | - | ||
| 92 | - | (a)For purposes of this section, vegetation fuel management project means a project that meets all of the following requirements: | |
| 93 | - | ||
| 94 | - | ||
| 64 | + | 21080.52. (a) For purposes of this section, vegetation fuel management project means a project that meets all of the following requirements: | |
| 95 | 65 | ||
| 96 | 66 | (1) The vegetation fuel management project occurs in a project area that meets both of the following: | |
| 97 | 67 | ||
| 98 | - | ||
| 99 | - | ||
| 100 | 68 | (A) The project is within five miles of a structure. | |
| 101 | - | ||
| 102 | - | ||
| 103 | 69 | ||
| 104 | 70 | (B) The project area is within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or as designated by ordinance pursuant to Section 51179 of the Government Code. | |
| 105 | 71 | ||
| 106 | - | ||
| 107 | - | ||
| 108 | 72 | (2) The project contains a time restriction on the vegetation fuel management activity to protect species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, and species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code). | |
| 109 | - | ||
| 110 | - | ||
| 111 | 73 | ||
| 112 | 74 | (3) The vegetation fuel management activity removes vegetation that meets all of the following requirements: | |
| 113 | 75 | ||
| 114 | - | ||
| 115 | - | ||
| 116 | 76 | (A) The vegetation is a nonnative species. | |
| 117 | - | ||
| 118 | - | ||
| 119 | 77 | ||
| 120 | 78 | (B) The vegetation is eight inches or less in diameter. | |
| 121 | 79 | ||
| 122 | - | ||
| 123 | - | ||
| 124 | 80 | (C) The vegetation meets one or more of the following requirements: | |
| 125 | - | ||
| 126 | - | ||
| 127 | 81 | ||
| 128 | 82 | (i) The vegetation is an invasive species. | |
| 129 | 83 | ||
| 130 | - | ||
| 131 | - | ||
| 132 | 84 | (ii) The vegetation is dead, poorly maintained, or drought stressed, as determined by the State Fire Marshal or the State Fire Marshals designee. | |
| 133 | - | ||
| 134 | - | ||
| 135 | 85 | ||
| 136 | 86 | (iii) The vegetation is a common species that meets one of the following requirements: | |
| 137 | 87 | ||
| 138 | - | ||
| 139 | - | ||
| 140 | 88 | (I) The vegetation is biologically prone to burning due to chemical composition, including, but not limited to, vegetation containing volatile oils. | |
| 141 | - | ||
| 142 | - | ||
| 143 | 89 | ||
| 144 | 90 | (II) The vegetation is difficult to maintain in a fire-resistant state, including, but not limited to, vegetation that accumulates dead woody material, dead leaves, or other hazardous dead growth. | |
| 145 | 91 | ||
| 146 | - | ||
| 147 | - | ||
| 148 | 92 | (III) The vegetation has a physical structure that presents challenges to routine maintenance, including, but not limited to, thorny or dense shrubs that accumulate dead material in locations where it is difficult to remove. | |
| 149 | - | ||
| 150 | - | ||
| 151 | 93 | ||
| 152 | 94 | (IV) The vegetation has a high surface area to volume ratio, including, but not limited to, vegetation with fine needles or lacey leaves. | |
| 153 | 95 | ||
| 154 | - | ||
| 155 | - | ||
| 156 | 96 | (V) The vegetation is prone to rapid changes in moisture content in response to environmental conditions, including, but not limited to, vegetation that loses moisture within hours when exposed to hot, dry weather. | |
| 157 | - | ||
| 158 | - | ||
| 159 | 97 | ||
| 160 | 98 | (b) Notwithstanding Section 4799.05, this division does not apply to either of the following: | |
| 161 | 99 | ||
| 162 | - | ||
| 163 | - | ||
| 164 | 100 | (1) A vegetation fuel management project undertaken or funded by a public agency. | |
| 165 | - | ||
| 166 | - | ||
| 167 | 101 | ||
| 168 | 102 | (2) The adoption of an ordinance requiring the implementation of a vegetation fuel management project. | |
| 169 | 103 | ||
| 170 | - | ||
| 171 | - | ||
| 172 | 104 | (c) If a lead agency determines that an activity is not subject to this division pursuant to subdivision (b) and determines to approve or carry out the activity, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. | |
| 173 | 105 | ||
| 106 | + | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 174 | 107 | ||
| 108 | + | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 175 | 109 | ||
| 110 | + | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 176 | 111 | ||
| 177 | - | ||
| 178 | - | No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 112 | + | ### SEC. 2. |