AB 3074

  • California Assembly Bill
  • 2019-2020 Regular Session
  • Introduced in Assembly Feb 21, 2020
  • Passed Assembly Jun 10, 2020
  • Passed Senate Aug 30, 2020
  • Signed by Governor Sep 29, 2020

Fire prevention: wildfire risk: defensible space: ember-resistant zones.

Abstract

Existing law requires the Director of Forestry and Fire Protection to identify areas in the state as very high fire hazard severity zones based on specified criteria and the severity of the fire hazard. Existing law requires a person who owns, leases, controls, operates, or maintains an occupied dwelling or structure in, upon, or adjoining a mountainous area, forest-covered land, brush-covered land, grass-covered land, or land that is covered with flammable material that is within a very high fire hazard severity zone, as designated by a local agency, or a building or structure in, upon, or adjoining those areas or lands within a state responsibility area, to maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as specified. A violation of these requirements is a crime. This bill would require a person described above to use more intense fuel reductions between 5 and 30 feet around the structure, and to create an ember-resistant zone within 5 feet of the structure, based on regulations promulgated by the State Board of Forestry and Fire Protection, as provided. Because a violation of these provisions would be a crime or expand the scope of an existing crime, the bill would impose a state-mandated local program. This bill would require each local agency having jurisdiction of property upon which conditions that are regulated by the defensible space provisions described above apply and, contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose, the Department of Forestry and Fire Protection to make reasonable efforts to provide notice to affected residents of the above requirements before imposing penalties for a violation of those requirements. By expanding the duty of a local agency, the bill would impose a state-mandated local program. This bill would prohibit the requirement for an ember-resistant zone from taking effect for new structures until the state board updates the regulations, as specified, and the guidance document described below, as specified. The bill would prohibit the department from changing defensible space inspection practices and forms or enforcement to implement the requirement for an ember-resistant zone until the director makes a written finding that the Legislature has appropriated sufficient resources to do so. Existing law requires the department to develop, periodically update, and post on its internet website a guidance document on fuels management, as provided. This bill would instead require the state board, in consultation with the department, to develop, periodically update, and post on its internet website the guidance document. The bill would require, on or before January 1, 2023, the state board, in consultation with the department, to update the guidance document to include suggestions for creating an ember-resistant zone within 5 feet of a structure, as provided. The bill would make the requirement that the state board update the guidance document and promulgate certain regulations contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for these purposes. This bill would also make conforming changes and nonsubstantive changes. This bill would incorporate additional changes to Sections 51182 and 51189 of the Government Code and Section 4291 of Public Resources Code proposed by SB 1348 to be operative only if this bill and SB 1348 are enacted and this bill is enacted last. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Sponsors (7)

Votes


Actions


Sep 29, 2020

California State Legislature

Approved by the Governor.

California State Legislature

Chaptered by Secretary of State - Chapter 259, Statutes of 2020.

Sep 15, 2020

California State Legislature

Enrolled and presented to the Governor at 3 p.m.

Aug 31, 2020

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 0. Page 5432.).

Aug 30, 2020

Assembly

In Assembly. Concurrence in Senate amendments pending.

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0.).

Aug 26, 2020

Senate

Read second time. Ordered to third reading.

Aug 25, 2020

Senate

Read third time and amended. Ordered to second reading.

Aug 24, 2020

Senate

Read second time. Ordered to third reading.

Aug 21, 2020

Senate

From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (August 20).

Senate

Read second time and amended. Ordered returned to second reading.

Aug 17, 2020

Senate

In committee: Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Aug 12, 2020

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (August 12). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

Aug 07, 2020

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Amendment-Introduction
Com. on N.R. & W.

Aug 05, 2020

Senate

In committee: Hearing postponed by committee.

Jul 02, 2020

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Amendment-Introduction
Com. on N.R. & W.

Jul 01, 2020

Senate

Referred to Com. on N.R. & W.

  • Referral-Committee
Com. on N.R. & W.

Jun 11, 2020

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Jun 10, 2020

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 4776.)

Jun 04, 2020

Assembly

Read second time. Ordered to third reading.

Jun 03, 2020

Assembly

From committee: Do pass. (Ayes 14. Noes 0.) (June 3).

Jun 02, 2020

Assembly

In committee: Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

May 14, 2020

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (May 13). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

May 05, 2020

Assembly

Re-referred to Com. on NAT. RES.

  • Referral-Committee
Com. on NAT. RES.

May 04, 2020

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

Apr 24, 2020

Assembly

Referred to Com. on NAT. RES.

  • Referral-Committee
Com. on NAT. RES.

Feb 24, 2020

Assembly

Read first time.

Feb 22, 2020

Assembly

From printer. May be heard in committee March 23.

Feb 21, 2020

Assembly

Introduced. To print.

Bill Text

Bill Text Versions Format
AB3074 HTML
02/21/20 - Introduced PDF
05/04/20 - Amended Assembly PDF
07/02/20 - Amended Senate PDF
08/07/20 - Amended Senate PDF
08/21/20 - Amended Senate PDF
08/25/20 - Amended Senate PDF
09/04/20 - Enrolled PDF
09/29/20 - Chaptered PDF

Related Documents

Document Format
No related documents.

Sources

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