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SB-182 Local government: planning and zoning: wildfires.(2019-2020)

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Date Published: 07/03/2019 09:00 PM
SB182:v95#DOCUMENT

Amended  IN  Assembly  July 03, 2019
Amended  IN  Senate  May 24, 2019
Amended  IN  Senate  April 30, 2019
Amended  IN  Senate  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 182


Introduced by Senator Jackson

January 29, 2019


An act to repeal Section 815.11 of the Civil Code, to amend Sections 65007, 65302, 65584, 65584.04, and 65584.06 of, and to add Sections 65011, 65012, 65013, 65040.16, 65302.11, 65860.2, 65865.6, 65962.1, and 66474.03 to, the Government Code, to amend Section 13132.7 of the Health and Safety Code, to add Article 10 (commencing with Section 4751) to Chapter 10 of Part 2 of Division 4 of the Public Resources Code, and to amend Section 45 of Chapter 626 of the Statutes of 2018, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


SB 182, as amended, Jackson. Local government: planning and zoning: wildfires.
(1) The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a housing element and a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic and seismic hazards, flooding, and wildland and urban fires. Existing law requires the housing element to be revised according to a specific schedule. Existing law requires the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every 8 years to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element.
This bill would require the safety element, upon the next revision of the housing element or the hazard mitigation plan, on or after January 1, 2020, whichever occurs first, to be reviewed and updated as necessary to include a comprehensive retrofit strategy, strategy to reduce the risk of property loss and damage during wildfires, as specified. specified, and would require the planning agency to submit the adopted strategy to the Office of Planning and Research for inclusion into the clearinghouse described below. The bill would also require the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every 8 years, to identify new information relating to retrofit updates applicable to the city or county that was not available during the previous revision of the safety element. By increasing the duties of local officials, this bill would create a state-mandated local program.
(2) Existing law requires the general plan to include a land use element that designates the proposed general distribution and general location and extent of the uses of the land for, among other purposes, housing, business, and industry. Existing law additionally requires the general plan to include a housing element and requires each local government to review and revise its housing element, as specified.
This bill would require a city or county that contains a very high fire risk area, as defined, upon each revision of the housing element on or after January 1, 2021, to amend the land use element of its general plan to contain, among other things, the locations of all very high fire risk areas within the city or county and feasible implementation measures designed to carry out specified goals, objectives, and policies relating to the protection of lives and property from unreasonable risk of wildfire. The bill would require the city or county to complete a review of, and make findings related to, wildfire risk reduction standards, as defined, upon each subsequent revision of the housing element, as provided. The bill would require the State Board of Forestry and Fire Protection to review the findings and make recommendations, as provided.
The bill would additionally require the Office of the State Fire Marshal, in consultation with the Office of Planning and Research, on or before January 1, 2023, to review the wildfire risk reduction standards and specified wildfire risk reduction standards that meet certain requirements, adopt reasonable standards for third-party inspection and certifications for a specified enforcement program, and update the maps of the very high fire hazard severity zones, as specified.
Existing law requires county or city zoning ordinances to be consistent with the general plan of the county or city, as specified.
This bill would require a city or county that contains a very high fire risk area, within 12 months following the amendment of the city or county’s land use element, to adopt a very high fire risk overlay zone or otherwise amend its zoning ordinance so that it is consistent with the general plan, as specified.
This bill would additionally prohibit the legislative body of a city or county that contains a very high fire risk area, upon the effective date of the revision of the city or county’s land use element, from entering into a development agreement for property that is located within a very high fire risk area, approving specified discretionary permits or other discretionary entitlements for projects located within a very high fire risk area, or approving a tentative map or a parcel map for which a tentative map was not required for a subdivision that is located within a very high fire risk area, unless the city or county makes specified findings based on substantial evidence in the record.
By increasing the duties of local officials, this bill would impose a state-mandated local program.
(3) Existing law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine each region’s existing and projected housing need, as provided. Existing law requires each council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county and that furthers specified objectives.
This bill would require the regional housing needs allocation plan to additionally further the objective of reducing development pressure within very high fire risk areas by considering allocation of allocating a lower proportion of housing to jurisdictions that contain a greater amount of land a jurisdiction if it is likely that the jurisdiction would otherwise need to identify lands within those a very high fire risk areas, area as adequate sites in order to meet its housing need allocation, as specified.
(4) Existing law requires the council of governments, or delegate subregion, as applicable, to develop a proposed methodology for distributing the existing and projected regional housing need and, to the extent that sufficient data is available as provided, to include specified factors to develop the methodology that allocates regional housing needs, including, among other factors, the rate of overcrowding.
This bill would additionally require the council of governments, or delegate subregion, as applicable, to include within those factors, the amount of land in each member jurisdiction that is within a very high fire risk area.
For cities and counties without a council of governments, existing law requires the Department of Housing and Community Development to determine and distribute the existing and projected housing need, unless that responsibility is delegated as provided to cities and counties, based upon available data and in consultation with the cities and counties, taking into consideration, among other things, the availability of suitable sites and public facilities.
This bill would also require the amount of land in each city and each county that is within a very high fire risk area, as defined, to be taken into consideration by the department.
By increasing the duties of local officials, this bill would impose a state-mandated local program.
(5) Existing law requires, for any conservation easement purchased with state funds on or after January 1, 2019, wherein land subject to the easement includes some forest lands, or consists completely of forest lands, to the extent not in conflict with federal law, the terms of any applicable bond, or the requirements of any other funding source, that the landowner agree, as part of the easement, to maintain and improve forest health through promotion of a more natural tree density, species composition, structure, and habitat function, to make improvements that increase the land’s ability to provide resilient, long-term carbon sequestration and net carbon stores, as well as watershed functions, to provide for the retention of larger trees and a natural range of age classes, and to ensure the growth and retention of such larger trees over time.
This bill would revise and recast this provision to instead require, for any conservation easement purchased with state funds on or after January 1, 2020, wherein land subject to the easement is comprised of specified forestland, to the extent not in conflict with federal law, the terms of any applicable bond, or the requirements of any other funding source, that the terms of the conservation easement address maintaining and improving forest health and resiliency to disturbances in order to conserve and enhance the land’s ability to provide long-term carbon sequestration, climate benefits, and watershed functions. The bill would also require the conservation easement, and any required management plan, to guide forest and other land management undertaken by the landowner to promote, among other things, native forest ecological structure and species composition, as specified.
(6) Existing law requires the Office of Planning and Research to implement various long-range planning and research policies and goals that are intended to, among other things, encourage the formation and proper functioning of local entities and, in connection with those responsibilities, to adopt guidelines for the preparation and content of the mandatory elements required in city and county general plans.
This bill would require the Office of Planning and Research, on or before January 1, 2023, in collaboration with cities and counties, to develop and post on its internet website a clearinghouse of local ordinances, policies, and best practices relating to land use planning in very high fire risk areas, wildfire risk reduction, and wildfire preparedness, as specified.
(7) Existing law requires, until the 2023–24 fiscal year, the amount of $165,000,000 to be appropriated from the Greenhouse Gas Reduction Fund to the Department of Forestry and Fire Protection for healthy forest and fire prevention programs and projects that improve forest health and reduce greenhouse gas emissions caused by uncontrolled wildfires.
This bill would require an unspecified amount of those funds to be allocated by the Department of Forestry and Fire Protection for grants to cities and counties that contain one or more very high fire risk areas for programs and projects that have the dual benefit of controlling the spread of wildfire and improving life safety, as specified. The bill would require the department to prioritize local assistance grant funding applications from local agencies based on the proportion of land located in very high fire risk areas or on the recommendation of the State Board of Forestry and Fire Protection for fire safety improvements.
(8) Existing law requires a common interest development within a very high fire severity zone to allow an owner to install or repair a roof with at least one type of fire retardant roof covering material that meets specified requirements.
This bill would require the one type of fire retardant roof covering material to additionally meet, at a minimum, class B standards, as specified in the International Building Code.
(9) 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 815.11 of the Civil Code is repealed.

SEC. 2.

 Section 65007 of the Government Code is amended to read:

65007.
 As used in Sections 65302.9, 65860.1, 65865.5, 65962, and 66474.5, the following terms have the following meanings, unless the context requires otherwise:
(a) “Adequate progress” means all of the following:
(1) The total project scope, schedule, and cost of the completed flood protection system have been developed to meet the appropriate standard of protection.
(2) (A) Revenues that are sufficient to fund each year of the project schedule developed in paragraph (1) have been identified and, in any given year and consistent with that schedule, at least 90 percent of the revenues scheduled to be received by that year have been appropriated and are currently being expended.
(B) Notwithstanding subparagraph (A), for any year in which state funding is not appropriated consistent with an agreement between a state agency and a local flood management agency, the Central Valley Flood Protection Board may find that the local flood management agency is making adequate progress in working toward the completion of the flood protection system.
(3) Critical features of the flood protection system are under construction, and each critical feature is progressing as indicated by the actual expenditure of the construction budget funds.
(4) The city or county has not been responsible for a significant delay in the completion of the system.
(5) The local flood management agency shall provide the Department of Water Resources and the Central Valley Flood Protection Board with the information specified in this subdivision sufficient to determine substantial completion of the required flood protection. The local flood management agency shall annually report to the Central Valley Flood Protection Board on the efforts in working toward completion of the flood protection system.
(b) “Central Valley Flood Protection Plan” has the same meaning as that set forth in Section 9612 of the Water Code.
(c) “Developed area” has the same meaning as that set forth in Section 59.1 of Title 44 of the Code of Federal Regulations.
(d) “Flood hazard zone” means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency. The identification of flood hazard zones does not imply that areas outside the flood hazard zones, or uses permitted within flood hazard zones, will be free from flooding or flood damage.
(e) “National Federal Emergency Management Agency standard of flood protection” means the level of flood protection that is necessary to withstand flooding that has a 1-in-100 chance of occurring in any given year using criteria developed by the Federal Emergency Management Agency for application in the National Flood Insurance Program.
(f) “Nonurbanized area” means a developed area or an area outside a developed area in which there are fewer than 10,000 residents that is not an urbanizing area.
(g) “Project levee” means any levee that is part of the facilities of the State Plan of Flood Control.
(h) “Sacramento-San Joaquin Valley” means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon land susceptible to overflow therefrom. The Sacramento-San Joaquin Valley does not include lands lying within the Tulare Lake basin, including the Kings River.
(i) “State Plan of Flood Control” has the same meaning as that set forth in subdivision (j) of Section 5096.805 of the Public Resources Code.
(j) “Tulare Lake basin” means the Tulare Lake Hydrologic Region as defined in the California Water Plan Update 2009, prepared by the Department of Water Resources pursuant to Chapter 1 (commencing with Section 10004) of Part 1.5 of Division 6 of the Water Code.
(k) “Undetermined risk area” means an urban or urbanizing area within a moderate flood hazard zone, as delineated on an official flood insurance rate map issued by the Federal Emergency Management Agency, which has not been determined to have an urban level of protection.
(l) “Urban area” means a developed area in which there are 10,000 residents or more.
(m) “Urbanizing area” means a developed area or an area outside a developed area that is planned or anticipated to have 10,000 residents or more within the next 10 years.
(n) “Urban level of flood protection” means the level of protection that is necessary to withstand flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the Department of Water Resources. “Urban level of flood protection” shall not mean shallow flooding or flooding from local drainage that meets the criteria of the national Federal Emergency Management Agency standard of flood protection.

SEC. 3.

 Section 65011 is added to the Government Code, to read:

65011.
 For the purposes of Sections 65302.11, 65860.2, 65865.6, 65962.1, and 66474.03, unless the context requires otherwise, the following terms have the following meanings:
(a) “Adequate progress” means the city or county is taking concrete steps reasonably calculated to achieve funding and implementation of the applicable standard with the timeframe specified in subdivision (b) of Section 65012.
(b) “Very high fire risk area” means any lands located within a very high fire hazard severity zone, as designated pursuant to subdivisions (a) and (b) of Section 51179, or as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.

SEC. 4.

 Section 65012 is added to the Government Code, to read:

65012.
 (a) For the purposes of Sections 65302.11, 65860.2, 65865.6, 65962.1, and 66474.03, “wildfire risk reduction standard” means the following:
(1) For a development of any size:
(A) The regulations adopted by the State Board of Forestry and Fire Protection, the State Fire Marshal, and the California Building Standards Commission regarding defensible space, vegetation management, fuel modification, and materials and construction methods for exterior wildfire exposure, including, but not limited to, all of the following, or the successor provisions:
(i) Chapter 7A of the California Building Code.
(ii) Chapter 49 of the California Fire Code.
(iii) Section R337 of the California Residential Code.
(iv) Chapter 12-7A of the California Referenced Standards Code.
(v) Subchapter 2 (commencing with Section 1270) of Chapter 7 of Division 1.5 of Title 14 of the California Code of Regulations.
(vi) Article 3 (commencing with Section 1299.01) of Subchapter 3 of Chapter 7 of Division 1.5 of Title 14 of the California Code of Regulations.
(vii) Section 3.07 of Article 3 of Subchapter 1 of Chapter 1 of Division 1 of Title 19 of the California Code of Regulations.
(B) Preparation of a A wildland fire hazard assessment and wildfire hazard mitigation plan approved by the enforcing agency in accordance with Chapter 4 of the 2018 edition of the NFPA 1144: Standard for Reducing Structure Ignition Hazards from Wildland Fire, except Sections 4.2.5.8 and 4.3.3(2) thereof, or with the successor regulations as adopted by the State Fire Marshal pursuant to Section 65013.
(C) An enforcement program established, funded, and implemented to verify ongoing compliance of the defensible space, vegetation management, and fuel modification requirements of the regulations described in paragraph (1), and with any continuing obligations imposed under a fire protection plan or wildfire hazard mitigation plan established for the project. The enforcing agency may charge a fee sufficient to cover the costs of administering the program and providing any inspections conducted by the enforcing agency. The program shall ensure that compliance is documented for each affected property or structure at least once every three years. Acceptable methods of compliance inspection and documentation shall be determined by the enforcing agency and may include any of the following:
(i) The local, state, or federal fire authority or designee authorized to enforce vegetation management requirements.
(ii) The enforcing agency.
(iii) Third-party inspection and certification authorized to enforce vegetation management requirements.
(D) Sections 4.1, 4.1.1, 4.1.2, 4.3.1, 4.3.2, 4.3.4, 4.7.1, 4.7.2, and 4.7.3 of the 2014 edition of the NFPA 1720: Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations and Special Operations to the Public by Volunteer Fire Departments, or with the successor regulations adopted by the State Fire Marshal pursuant to Section 65013.
(E) Chapters 3 to 7, inclusive, of the 2017 edition of the NFPA 1141: Standard for Fire Protection Infrastructure for Land Development in Wildland, Rural, and Suburban Areas, or with the successor regulations adopted by the State Fire Marshal pursuant to Section 65013.
(F) The 2017 edition of the NFPA 1142: Standard on Water Supplies for Suburban and Rural Fire Fighting, or with the successor regulations adopted by the State Fire Marshal pursuant to Section 65013.
(G) Chapter 6 of the 2018 edition of the NFPA 1144: Standard for Reducing Structure Ignition Hazards from Wildland Fire, or with the successor regulations adopted by the State Fire Marshal pursuant to Section 65013.
(2) For a development of nine units or more:
(A) All of the standards set forth in paragraph (1).
(B) A fire protection plan setting forth reasonable site-specific safety measures to ensure that the development as a whole is planned and constructed to resist the encroachment of uncontrolled fire. The fire protection plan may be combined with the wildfire hazard mitigation plan prepared for the development in accordance with subparagraph (B) of paragraph (1). The plan shall include, but not be limited to, all of the following:
(i) A development layout that reduces wildfire risk to the greatest extent practicable, through measures that may include, but are not limited to, clustering of structures in the lowest risk areas on the property, while still requiring all structures to be separated by a safe distance to avoid the spread of fires from structure to structure, the use of natural and manmade features as fire breaks, and the establishment of community protection fire breaks on the perimeter of the property.
(ii) Identification of a low-risk fire safety area where community members can evacuate to and wait until emergency service providers can reach them.
(iii) Implementation of mechanisms, Mechanisms, including funding, to maintain common areas and open spaces within the development so that ground fuels do not promote the spread of wildfire and aerial fuels do not allow the spread of a fire through the tree canopy.
(C) A condition on the development that all parcels within the development containing structures are subject to an ongoing, permanent fee, tax, or assessment, an assessment through a homeowners’ association, or a similar funding mechanism sufficient to ensure that defensible space maintenance is funded and occurs on a schedule so as to comply with subparagraph (C) of paragraph (3), and other requirements for maintaining defensible space under law, including, but not limited to, Section 4291 of the Public Resources Code.
(D) The development shall not be approved unless the city or county finds, based on substantial evidence in the record, that the development can be reasonably accessed and served in the case of a wildfire.
(3) For any development subject to this subdivision that includes 100 or more residential dwelling units:
(A) All of the standards set forth in paragraphs (1) and (2).
(B) The development shall be consistent with all applicable recommendations included in the Office of Planning and Research’s most recent publication of “Fire Hazard Planning–General Plan Technical Advice Series,” or other equivalent standards as adopted by the State Fire Marshal pursuant to Section 65013, or conditions imposed by the city or county that provide the same practical effect as the recommendations or other standards and are at least the equivalent of the recommendations or other standards in reducing the risk to life and property from catastrophic wildfire.
(C) Additional wildfire risk reduction standards adopted by the State Fire Marshal pursuant to Section 65013, or conditions imposed by the city or county that provide the same practical effect as the standards and are at least the equivalent of the standards in reducing the risk to life and property from catastrophic wildfire.
(b) Until December 31, 2025, a development shall be deemed in compliance with the wildfire risk reduction standards set forth in subparagraphs (C) to (F), inclusive, of paragraph (1) of subdivision (a) if the city or county finds, based on substantial evidence in the record, that the responsible state and local agencies have made adequate progress toward providing protection from wildfire risk to the level set forth in those standards, or wildfire protection standards adopted by the city or county that meet or exceed those standards.
(c) Nothing in this section shall be construed to limit the existing authority of the State Fire Marshal or any other public agency under any other law from adopting standards that are more protective of life and property from the risk of wildfire.

SEC. 5.

 Section 65013 is added to the Government Code, to read:

65013.
 (a) On or before January 1, 2023, the Office of the State Fire Marshal, in consultation with the Office of Planning and Research, shall do all of the following:
(1) Review the wildfire risk reduction standards identified in Section 65012 and adopt wildfire risk reduction standards that meet all of the following requirements:
(A) Account for differences in the size of proposed developments, consistent with the categories set forth in Section 65012.
(B) Include successor provisions to the NFPA standards set forth in subparagraphs (B) and (D) to (G), inclusive, of paragraph (1) of subdivision (a) of Section 65012. The successor provisions shall meet or exceed the identified NFPA standards.
(C) Include any additional requirements for fire hardening or similar building standards applicable to structures located in areas with restricted access or service in the event of wildfire.
(D) Establish community-scale risk reduction measures, including, but not limited to, all of the following:
(i) Community design and layout.
(ii) Separation from wildfire sources.
(iii) Location and construction of infrastructure to reduce ignition potential and ensure availability of water and power supplies essential for fire suppression during a wildfire.
(E) Are designed to reduce the risk of catastrophic loss due to wildfire based upon the best available science and objective scientific methodologies.
(F) Are directly applicable to, and account for, California’s climate, weather, topography, and development patterns.
(2) Adopt standards for third-party inspection and certification conducted pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 65012.
(3) (A) Update the maps of the very high fire hazard severity zones pursuant to Section 51178.
(B) In updating the maps pursuant to subparagraph (A), the State Fire Marshal shall identify areas within very high fire hazard severity zones where new residential development poses exceptional risk to future occupants of the development and to fire personnel and other public safety personnel that must access the development during a wildfire.
(b)  Standards adopted pursuant to this section, regulations and rules of general applicability adopted pursuant to Section 65012, and regulations and rules of general applicability adopted by state or local agencies as necessary to implement those standards, shall be reasonable, and shall be feasible and achievable for the majority of developments in each category set forth in subdivision (a) of Section 65012.
(c) Standards adopted pursuant to this section shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2).
(d) Nothing in this section shall be construed to limit the existing authority of the State Fire Marshal or any other state or local public agency under any other law from adopting standards that are more protective of life and property from the risk of wildfire.

SEC. 6.

 Section 65040.16 is added to the Government Code, to read:

65040.16.
 On or before January 1, 2023, the Office of Planning and Research, in collaboration with cities and counties, shall develop and post on its internet website a clearinghouse of local ordinances, policies, and best practices relating to land use planning in very high fire risk areas, wildfire risk reduction, and wildfire preparedness. The office shall include in the clearinghouse any comprehensive retrofit strategies submitted pursuant to subparagraph (E) of paragraph (5) of subdivision (g) of Section 65302. The office shall regularly update the clearinghouse materials made available pursuant to this section.

SEC. 7.

 Section 65302 of the Government Code is amended to read:

65302.
 The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
(a) A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:
(1) Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).
(2) Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.
(A) In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.
(B) The following definitions govern this paragraph:
(i) “Military readiness activities” mean all of the following:
(I) Training, support, and operations that prepare the men and women of the military for combat.
(II) Operation, maintenance, and security of any military installation.
(III) Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.
(ii) “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (g) of Section 2687 of Title 10 of the United States Code.
(b) (1) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan.
(2) (A) Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.
(B) For purposes of this paragraph, “users of streets, roads, and highways” mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
(c) A housing element as provided in Article 10.6 (commencing with Section 65580).
(d) (1) A conservation element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.
(2) The conservation element may also cover all of the following:
(A) The reclamation of land and waters.
(B) Prevention and control of the pollution of streams and other waters.
(C) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.
(D) Prevention, control, and correction of the erosion of soils, beaches, and shores.
(E) Protection of watersheds.
(F) The location, quantity, and quality of the rock, sand, and gravel resources.
(3) Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.
(e) An open-space element as provided in Article 10.5 (commencing with Section 65560).
(f) (1) A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
(A) Highways and freeways.
(B) Primary arterials and major local streets.
(C) Passenger and freight online railroad operations and ground rapid transit systems.
(D) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.
(E) Local industrial plants, including, but not limited to, railroad classification yards.
(F) Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.
(2) Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in paragraphs (1) to (6), inclusive.
(3) The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.
(4) The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the state’s noise insulation standards.
(g) (1) A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.
(2) The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:
(A) Identify information regarding flood hazards, including, but not limited to, the following:
(i) Flood hazard zones. As used in this subdivision, “flood hazard zone” means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by FEMA. The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.
(ii) National Flood Insurance Program maps published by FEMA.
(iii) Information about flood hazards that is available from the United States Army Corps of Engineers.
(iv) Designated floodway maps that are available from the Central Valley Flood Protection Board.
(v) Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources.
(vi) Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.
(vii) Maps of levee protection zones.
(viii) Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.
(ix) Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.
(x) Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.
(xi) Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.
(B) Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:
(i) Avoiding or minimizing the risks of flooding to new development.
(ii) Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.
(iii) Maintaining the structural and operational integrity of essential public facilities during flooding.
(iv) Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.
(v) Establishing cooperative working relationships among public agencies with responsibility for flood protection.
(C) Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to this subdivision.
(3) Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Research’s most recent publication of “Fire Hazard Planning, General Plan Technical Advice Series” and shall also include all of the following:
(A) Information regarding fire hazards, including, but not limited to, all of the following:
(i) Fire hazard severity zone maps available from the Department of Forestry and Fire Protection.
(ii) Any historical data on wildfires available from local agencies or a reference to where the data can be found.
(iii) Information about wildfire hazard areas that may be available from the United States Geological Survey.
(iv) General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations.
(v) Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.
(B) A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.
(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B) including, but not limited to, all of the following:
(i) Avoiding or minimizing the wildfire hazards associated with new uses of land.
(ii) Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.
(iii) Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
(iv) Working cooperatively with public agencies with responsibility for fire protection.
(D) If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or county’s adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.
(4) Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Research’s General Plan Guidelines and shall include all of the following:
(A) (i) A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).
(ii) Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:
(I) Information from the internet-based Cal-Adapt tool.
(II) Information from the most recent version of the California Adaptation Planning Guide.
(III) Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.
(IV) Information from local agencies on their current ability to deal with the impacts of climate change.
(V) Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.
(VI) Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.
(VII) Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.
(B) A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.
(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B) including, but not limited to, all of the following:
(i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land.
(ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.
(iii) The designation of adequate and feasible infrastructure located in an at-risk area.
(iv) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
(v) The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For the purposes of this clause, “natural infrastructure” means the preservation or restoration of ecological systems, or utilization of engineered systems that use ecological processes, to increase resiliency to climate change, manage other environmental hazards, or both. This may include, but is not limited to, flood plain and wetlands restoration or preservation, combining levees with restored natural systems to reduce flood risk, and urban tree planting to mitigate high heat days.
(D) (i) If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.
(ii) Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.
(5) Upon the next revision of the housing element or the hazard mitigation plan, on or after January 1, 2020, whichever occurs first, the safety element shall be reviewed and updated as necessary to include a comprehensive retrofit strategy. strategy to reduce the risk of property loss and damage during wildfires. The comprehensive retrofit strategy shall include, but is not limited to, all of the following:
(A) A list of the types of retrofits needed in an area based on fire risk.
(B) A process for identifying and inventorying structures in need of retrofit or for fire hardening. The strategy shall prioritize the identification and inventorying of residential structures in very high fire risk areas.
(C) Goals and milestones for completing needed retrofit work.
(D) Potential funding sources and financing strategies to pay for needed retrofits on public and private property.
(E) Once adopted, the planning agency shall submit the adopted comprehensive retrofit strategy to the Office of Planning and Research for inclusion in the clearinghouse established pursuant to Section 65040.16.
(6) After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), and (5), the planning agency shall review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to flood and fire hazards, climate adaptation and resiliency strategies, and retrofit updates applicable to the city or county that was not available during the previous revision of the safety element.
(7) Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.
(8) Prior to Before the periodic review of its general plan and prior to before preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.
(9) To the extent that a county’s safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the county’s safety element that pertains to the city’s planning area in satisfaction of the requirement imposed by this subdivision.
(h) (1) An environmental justice element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of the city, county, or city and county, if the city, county, or city and county has a disadvantaged community. The environmental justice element, or related environmental justice goals, policies, and objectives integrated in other elements, shall do all of the following:
(A) Identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities by means that include, but are not limited to, the reduction of pollution exposure, including the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity.
(B) Identify objectives and policies to promote civil engagement in the public decisionmaking process.
(C) Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.
(2) A city, county, or city and county subject to this subdivision shall adopt or review the environmental justice element, or the environmental justice goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.
(3) By adding this subdivision, the Legislature does not intend to require a city, county, or city and county to take any action prohibited by the United States Constitution or the California Constitution.
(4) For purposes of this subdivision, the following terms shall apply:
(A) “Disadvantaged communities” means an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.
(B) “Public facilities” includes public improvements, public services, and community amenities, as defined in subdivision (d) of Section 66000.
(C) “Low-income area” means an area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.

SEC. 8.

 Section 65302.11 is added to the Government Code, to read:

65302.11.
 (a) Upon each revision of the housing element on or after January 1, 2021, each city or county that contains a very high fire risk area shall amend the land use element of its general plan to contain all of the following with respect to lands located within a very high fire risk area:
(1) (A) The goals contained in the most recent Strategic Fire Plan for California prepared by the Department of Forestry and Fire Protection.
(B) The locations of all very high fire risk areas within the city or county.
(C) The data and analysis described in the Office of Planning and Research’s most recent publication of “Fire Hazard Planning–General Plan Technical Advice Series.”
(D) The goals of any local hazard mitigation plan, community wildfire protection plan, and climate adaptation plan that has been adopted by the governing body of the city or county.
(2) Objectives and policies, based on the goals, data, and analysis identified pursuant to paragraph (1), for the protection of lives and property from unreasonable risk of wildfire. These objectives and policies shall take into consideration, and be consistent with, the information, goals, policies, objectives, and implementation measures included in the safety element in accordance with paragraph (3) of subdivision (g) of Section 65302.
(3) Feasible implementation measures designed to carry out the goals, objectives, and policies established pursuant to this subdivision.
(b) (1) After the initial amendment of the land use element pursuant to subdivision (a), the governing body of the city or county shall review all of the following upon each subsequent revision of the housing element, but not less than once every eight years:
(A) The implementation of the wildfire risk reduction standards, as defined in Section 65012, within the jurisdiction. The governing body shall make written findings, based upon substantial evidence, regarding whether the city or county has implemented the wildfire risk reduction standards during the preceding planning period, or made adequate progress toward implementing the wildfire risk reduction standards as provided in subdivision (b) of Section 65012.
(B) The designation of lands within the jurisdiction as very high fire risk areas pursuant to subdivision (b) of Section 65011. The governing body shall make written findings, based upon substantial evidence, supporting the determinations made in accordance with that subdivision.
(2) The draft findings required under this subdivision shall be submitted to the State Board of Forestry and Fire Protection and to every local agency that provides fire protection to territory in the city or county at least 90 days prior to adoption by the governing body.
(A) The State Board of Forestry and Fire Protection shall, and a local agency may, review the draft findings and recommend changes to the city or county within 60 days of its receipt regarding both of the following:
(i) Whether the city or county has implemented the wildfire risk reduction standards during the preceding planning period, or made adequate progress toward implementing the wildfire risk reduction standards as provided in subdivision (b) of Section 65012.
(ii) Whether the designation of lands within the jurisdiction as very high fire risk areas is appropriate.
(B) (i) Prior to the adoption of its draft findings, the governing body shall consider the recommendations, if any, made by the State Board of Forestry and Fire Protection and any local agency that provides fire protection to territory in the city or county. If the governing body determines not to accept all or some of the recommendations, if any, made by the State Board of Forestry and Fire Protection or the local agency, the governing body shall communicate in writing to the State Board of Forestry and Fire Protection or the local agency, its reasons for not accepting the recommendations.
(ii) If the governing body proposes not to adopt the State Board of Forestry and Fire Protection’s recommendations concerning its draft findings, the State Board of Forestry and Fire Protection, within 15 days of receipt of the governing body’s written response, may request in writing a consultation with the governing body to discuss the State Board of Forestry and Fire Protection’s recommendations and the governing body’s response. The consultation may be conducted in person, electronically, or telephonically. If the State Board of Forestry and Fire Protection requests a consultation pursuant to this subparagraph, the governing body shall not approve the draft element or draft amendment until after consulting with the State Board of Forestry and Fire Protection. The consultation shall occur no later than 30 days after the State Board of Forestry and Fire Protection’s request.
(C) The State Board of Forestry and Fire Protection shall notify the city or county and may notify the Office of the Attorney General that the city or county is in violation of state law if the State Board of Forestry and Fire Protection finds that the written findings do not substantially comply with this section, or that the city or county has otherwise failed to substantially comply with this section or with Section 65860.2.
(3) Any interested person may bring an action to compel compliance with the requirements of this subdivision. The action shall be brought pursuant to Section 1085 of the Code of Civil Procedure.

SEC. 9.

 Section 65584 of the Government Code is amended to read:

65584.
 (a) (1) For the fourth and subsequent revisions of the housing element pursuant to Section 65588, the department shall determine the existing and projected need for housing for each region pursuant to this article. For purposes of subdivision (a) of Section 65583, the share of a city or county of the regional housing need shall include that share of the housing need of persons at all income levels within the area significantly affected by the general plan of the city or county.
(2) It is the intent of the Legislature that cities, counties, and cities and counties should undertake all necessary actions to encourage, promote, and facilitate the development of housing to accommodate the entire regional housing need, and reasonable actions should be taken by local and regional governments to ensure that future housing production meets, at a minimum, the regional housing need established for planning purposes. These actions shall include applicable reforms and incentives in Section 65582.1.
(3) The Legislature finds and declares that insufficient housing in job centers hinders the state’s environmental quality and runs counter to the state’s environmental goals. In particular, when Californians seeking affordable housing are forced to drive longer distances to work, an increased amount of greenhouse gases and other pollutants is released and puts in jeopardy the achievement of the state’s climate goals, as established pursuant to Section 38566 of the Health and Safety Code, and clean air goals.
(b) The department, in consultation with each council of governments, shall determine each region’s existing and projected housing need pursuant to Section 65584.01 at least two years prior to the scheduled revision required pursuant to Section 65588. The appropriate council of governments, or for cities and counties without a council of governments, the department, shall adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county at least one year prior to the scheduled revision for the region required by Section 65588. The allocation plan prepared by a council of governments shall be prepared pursuant to Sections 65584.04 and 65584.05.
(c) Notwithstanding any other provision of law, the due dates for the determinations of the department or for the council of governments, respectively, regarding the regional housing need may be extended by the department by not more than 60 days if the extension will enable access to more recent critical population or housing data from a pending or recent release of the United States Census Bureau or the Department of Finance. If the due date for the determination of the department or the council of governments is extended for this reason, the department shall extend the corresponding housing element revision deadline pursuant to Section 65588 by not more than 60 days.
(d) The regional housing needs allocation plan shall further all of the following objectives:
(1) Increasing the housing supply and the mix of housing types, tenure, and affordability in all cities and counties within the region in an equitable manner, which shall result in each jurisdiction receiving an allocation of units for low- and very low income households.
(2) Promoting infill development and socioeconomic equity, the protection of environmental and agricultural resources, the encouragement of efficient development patterns, and the achievement of the region’s greenhouse gas reductions targets provided by the State Air Resources Board pursuant to Section 65080.
(3) Promoting an improved intraregional relationship between jobs and housing, including an improved balance between the number of low-wage jobs and the number of housing units affordable to low-wage workers in each jurisdiction.
(4) Allocating a lower proportion of housing need to an income category when a jurisdiction already has a disproportionately high share of households in that income category, as compared to the countywide distribution of households in that category from the most recent American Community Survey.
(5) Affirmatively furthering fair housing.
(6) Reducing development pressure within very high fire risk areas by considering allocation of allocating a lower proportion of housing to those jurisdictions that contain a greater amount of land a jurisdiction if it is likely that the jurisdiction would otherwise need to identify lands within a very high fire risk areas through one of area as adequate sites pursuant to Section 65583 in order to meet its housing need allocation. In determining whether it is likely the jurisdiction would otherwise need to identify lands within a very high fire risk area as adequate sites pursuant to Section 65583 in order to meet its housing need allocation, the appropriate council of governments, or for cities and counties without a council of governments, the department, shall consider factors that include, but are not limited to, the following:

(A)The appropriate council of governments, or for cities and counties without a council of governments, the department, may allocate a lower proportion of housing to a jurisdiction if appropriate due to the risk to life and safety from catastrophic wildfire.

(B)A lower proportion of housing shall be allocated to a jurisdiction if the appropriate council of governments, or for cities and counties without a council of governments, the department, determines all of the following:

(i)The jurisdiction is composed of a greater proportion of very high fire risk areas than the regional average.

(ii)It is likely the jurisdiction would otherwise need to identify lands within the very high fire risk area as adequate sites pursuant to Section 65583 in order to meet its housing need allocation.

(A) The percentage of land described in subparagraph (B) of paragraph (2) of subdivision (e) of Section 65584.04 within the jurisdiction that is located with a very high fire risk area.
(B) The percentage of the jurisdiction’s housing capacity located on sites identified pursuant to Section 65583 in the prior housing element for the jurisdiction that is within a very high fire risk area.

(iii)Compliance with

(C) Whether it is likely that compliance with the wildfire risk reduction standards set forth in Section 65012 and the regulations of the State Fire Marshal adopted pursuant to Section 65013 would otherwise impair development of the amount and type of housing set forth in the jurisdiction’s housing need allocation. effectively reduce densities on lands within the jurisdiction that are otherwise suitable for development.

(iv)Suitable alternative

(D) Whether suitable alternative sites exist outside the jurisdiction, but within the council of governments’ jurisdiction, region, to accommodate the remaining regional housing need.
(e) For purposes of this section, “affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.
(f) For purposes of this section, “household income levels” are as determined by the department as of the most recent American Community Survey pursuant to the following code sections:
(1) Very low incomes, as defined by Section 50105 of the Health and Safety Code.
(2) Lower incomes, as defined by Section 50079.5 of the Health and Safety Code.
(3) Moderate incomes, as defined by Section 50093 of the Health and Safety Code.
(4) Above moderate incomes are those exceeding the moderate-income level of Section 50093 of the Health and Safety Code.
(g) Notwithstanding any other provision of law, determinations made by the department, a council of governments, or a city or county pursuant to this section or Section 65584.01, 65584.02, 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08 are exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

SEC. 10.

 Section 65584.04 of the Government Code is amended to read:

65584.04.
 (a) At least two years prior to a scheduled revision required by Section 65588, each council of governments, or delegate subregion as applicable, shall develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or within the subregion, where applicable pursuant to this section. The methodology shall further the objectives listed in subdivision (d) of Section 65584.
(b) (1) No more than six months prior to the development of a proposed methodology for distributing the existing and projected housing need, each council of governments shall survey each of its member jurisdictions to request, at a minimum, information regarding the factors listed in subdivision (e) that will allow the development of a methodology based upon the factors established in subdivision (e).
(2) With respect to the objective in paragraph (5) of subdivision (d) of Section 65584, the survey shall review and compile information that will allow the development of a methodology based upon the issues, strategies, and actions that are included, as available, in an Analysis of Impediments to Fair Housing Choice or an Assessment of Fair Housing completed by any city or county or the department that covers communities within the area served by the council of governments, and in housing elements adopted pursuant to this article by cities and counties within the area served by the council of governments.
(3) The council of governments shall seek to obtain the information in a manner and format that is comparable throughout the region and utilize readily available data to the extent possible.
(4) The information provided by a local government pursuant to this section shall be used, to the extent possible, by the council of governments, or delegate subregion as applicable, as source information for the methodology developed pursuant to this section. The survey shall state that none of the information received may be used as a basis for reducing the total housing need established for the region pursuant to Section 65584.01.
(5) If the council of governments fails to conduct a survey pursuant to this subdivision, a city, county, or city and county may submit information related to the items listed in subdivision (e) prior to the public comment period provided for in subdivision (d).
(c) The council of governments shall electronically report the results of the survey of fair housing issues, strategies, and actions compiled pursuant to paragraph (2) of subdivision (b). The report shall describe common themes and effective strategies employed by cities and counties within the area served by the council of governments, including common themes and effective strategies around avoiding the displacement of lower-income households. The council of governments shall also identify significant barriers to affirmatively furthering fair housing at the regional level and may recommend strategies or actions to overcome those barriers. A council of governments or metropolitan planning organization, as appropriate, may use this information for any other purpose, including publication within a regional transportation plan adopted pursuant to Section 65080 or to inform the land use assumptions that are applied in the development of a regional transportation plan.
(d) Public participation and access shall be required in the development of the methodology and in the process of drafting and adoption of the allocation of the regional housing needs. Participation by organizations other than local jurisdictions and councils of governments shall be solicited in a diligent effort to achieve public participation of all economic segments of the community as well as members of protected classes under Section 12955. The proposed methodology, along with any relevant underlying data and assumptions, an explanation of how information about local government conditions gathered pursuant to subdivision (b) has been used to develop the proposed methodology, how each of the factors listed in subdivision (e) is incorporated into the methodology, and how the proposed methodology furthers the objectives listed in subdivision (e) of Section 65584, shall be distributed to all cities, counties, any subregions, and members of the public who have made a written or electronic request for the proposed methodology and published on the council of governments’, or delegate subregion’s, internet website. The council of governments, or delegate subregion, as applicable, shall conduct at least one public hearing to receive oral and written comments on the proposed methodology.
(e) To the extent that sufficient data is available from local governments pursuant to subdivision (b) or other sources, each council of governments, or delegate subregion as applicable, shall include the following factors to develop the methodology that allocates regional housing needs:
(1) Each member jurisdiction’s existing and projected jobs and housing relationship. This shall include an estimate based on readily available data on the number of low-wage jobs within the jurisdiction and how many housing units within the jurisdiction are affordable to low-wage workers as well as an estimate based on readily available data, of projected job growth and projected household growth by income level within each member jurisdiction during the planning period.
(2) The opportunities and constraints to development of additional housing in each member jurisdiction, including all of the following:
(A) Lack of capacity for sewer or water service due to federal or state laws, regulations or regulatory actions, or supply and distribution decisions made by a sewer or water service provider other than the local jurisdiction that preclude the jurisdiction from providing necessary infrastructure for additional development during the planning period.
(B) The availability of land suitable for urban development or for conversion to residential use, the availability of underutilized land, and opportunities for infill development and increased residential densities. The council of governments may not limit its consideration of suitable housing sites or land suitable for urban development to existing zoning ordinances and land use restrictions of a locality, but shall consider the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding.
(C) Lands preserved or protected from urban development under existing federal or state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a long-term basis, including land zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts conversion to nonagricultural uses.
(D) County policies to preserve prime agricultural land, as defined pursuant to Section 56064, within an unincorporated and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts its conversion to nonagricultural uses.
(3) The distribution of household growth assumed for purposes of a comparable period of regional transportation plans and opportunities to maximize the use of public transportation and existing transportation infrastructure.
(4) Agreements between a county and cities in a county to direct growth toward incorporated areas of the county and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of the jurisdiction that prohibits or restricts conversion to nonagricultural uses.
(5) The loss of units contained in assisted housing developments, as defined in paragraph (9) of subdivision (a) of Section 65583, that changed to non-low-income use through mortgage prepayment, subsidy contract expirations, or termination of use restrictions.
(6) The percentage of existing households at each of the income levels listed in subdivision (f) of Section 65584 that are paying more than 30 percent and more than 50 percent of their income in rent.
(7) The rate of overcrowding.
(8) The housing needs of farmworkers.
(9) The housing needs generated by the presence of a private university or a campus of the California State University or the University of California within any member jurisdiction.
(10) The loss of units during a state of emergency that was declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), during the planning period immediately preceding the relevant revision pursuant to Section 65588 that have yet to be rebuilt or replaced at the time of the analysis.
(11) The region’s greenhouse gas emissions targets provided by the State Air Resources Board pursuant to Section 65080.
(12) The amount of land in each member jurisdiction that is within a very high fire risk area.
(13) Any other factors adopted by the council of governments, that further the objectives listed in subdivision (d) of Section 65584, provided that the council of governments specifies which of the objectives each additional factor is necessary to further. The council of governments may include additional factors unrelated to furthering the objectives listed in subdivision (d) of Section 65584 so long as the additional factors do not undermine the objectives listed in subdivision (d) of Section 65584 and are applied equally across all household income levels as described in subdivision (f) of Section 65584 and the council of governments makes a finding that the factor is necessary to address significant health and safety conditions.
(f) The council of governments, or delegate subregion, as applicable, shall explain in writing how each of the factors described in subdivision (e) was incorporated into the methodology and how the methodology furthers the objectives listed in subdivision (d) of Section 65584. The methodology may include numerical weighting. This information and any other supporting materials used in determining the methodology, shall be posted on the council of governments’, or delegate subregion’s, internet website.
(g) The following criteria shall not be a justification for a determination or a reduction in a jurisdiction’s share of the regional housing need:
(1) Any ordinance, policy, voter-approved measure, or standard of a city or county that directly or indirectly limits the number of residential building permits issued by a city or county.
(2) Prior underproduction of housing in a city or county from the previous regional housing need allocation, as determined by each jurisdiction’s annual production report submitted pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.
(3) Stable population numbers in a city or county from the previous regional housing needs cycle.
(h) Following the conclusion of the public comment period described in subdivision (d) on the proposed allocation methodology, and after making any revisions deemed appropriate by the council of governments, or delegate subregion, as applicable, as a result of comments received during the public comment period, and as a result of consultation with the department, each council of governments, or delegate subregion, as applicable, shall publish a draft allocation methodology on its internet website and submit the draft allocation methodology, along with the information required pursuant to subdivision (e), to the department.
(i) Within 60 days, the department shall review the draft allocation methodology and report its written findings to the council of governments, or delegate subregion, as applicable. In its written findings the department shall determine whether the methodology furthers the objectives listed in subdivision (d) of Section 65584. If the department determines that the methodology is not consistent with subdivision (d) of Section 65584, the council of governments, or delegate subregion, as applicable, shall take one of the following actions:
(1) Revise the methodology to further the objectives listed in subdivision (d) of Section 65584 and adopt a final regional, or subregional, housing need allocation methodology.
(2) Adopt the regional, or subregional, housing need allocation methodology without revisions and include within its resolution of adoption findings, supported by substantial evidence, as to why the council of governments, or delegate subregion, believes that the methodology furthers the objectives listed in subdivision (d) of Section 65584 despite the findings of the department.
(j) If the department’s findings are not available within the time limits set by subdivision (i), the council of governments, or delegate subregion, may act without them.
(k) Upon either action pursuant to subdivision (i), the council of governments, or delegate subregion, shall provide notice of the adoption of the methodology to the jurisdictions within the region, or delegate subregion, as applicable, and to the department, and shall publish the adopted allocation methodology, along with its resolution and any adopted written findings, on its internet website.
(l) The department may, within 90 days, review the adopted methodology and report its findings to the council of governments, or delegate subregion.
(m) (1) It is the intent of the Legislature that housing planning be coordinated and integrated with the regional transportation plan. To achieve this goal, the allocation plan shall allocate housing units within the region consistent with the development pattern included in the sustainable communities strategy.
(2) The final allocation plan shall ensure that the total regional housing need, by income category, as determined under Section 65584, is maintained, and that each jurisdiction in the region receive an allocation of units for low- and very low income households.
(3) The resolution approving the final housing need allocation plan shall demonstrate that the plan is consistent with the sustainable communities strategy in the regional transportation plan and furthers the objectives listed in subdivision (d) of Section 65584.

SEC. 11.

 Section 65584.06 of the Government Code is amended to read:

65584.06.
 (a) For cities and counties without a council of governments, the department shall determine and distribute the existing and projected housing need, in accordance with Section 65584 and this section. If the department determines that a county or counties, supported by a resolution adopted by the board or boards of supervisors, and a majority of cities within the county or counties representing a majority of the population of the county or counties, possess the capability and resources and has agreed to accept the responsibility, with respect to its jurisdiction, for the distribution of the regional housing need, the department shall delegate this responsibility to the cities and county or counties.
(b) The distribution of regional housing need shall, based upon available data and in consultation with the cities and counties, take into consideration market demand for housing, the distribution of household growth within the county assumed in the regional transportation plan where applicable, employment opportunities and commuting patterns, the availability of suitable sites and public facilities, agreements between a county and cities in a county to direct growth toward incorporated areas of the county, the amount of land in each city and each county that is within a very high fire risk area, or other considerations as may be requested by the affected cities or counties and agreed to by the department. As part of the allocation of the regional housing need, the department shall provide each city and county with data describing the assumptions and methodology used in calculating its share of the regional housing need. Consideration of suitable housing sites or land suitable for urban development is not limited to existing zoning ordinances and land use restrictions of a locality, but shall include consideration of the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding.
(c) Within 90 days following the department’s determination of a draft distribution of the regional housing need to the cities and the county, a city or county may propose to revise the determination of its share of the regional housing need in accordance with criteria set forth in the draft distribution. The proposed revised share shall be based upon comparable data available for all affected jurisdictions, and accepted planning methodology, and shall be supported by adequate documentation.
(d) (1) Within 60 days after the end of the 90-day time period for the revision by the cities or county, the department shall accept the proposed revision, modify its earlier determination, or indicate why the proposed revision is inconsistent with the regional housing need.
(2) If the department does not accept the proposed revision, then, within 30 days, the city or county may request a public hearing to review the determination.
(3) The city or county shall be notified within 30 days by certified mail, return receipt requested, of at least one public hearing regarding the determination.
(4) The date of the hearing shall be at least 10 but not more than 15 days from the date of the notification.
(5) Before making its final determination, the department shall consider all comments received and shall include a written response to each request for revision received from a city or county.
(e) If the department accepts the proposed revision or modifies its earlier determination, the city or county shall use that share. If the department grants a revised allocation pursuant to subdivision (d), the department shall ensure that the total regional housing need is maintained. The department’s final determination shall be in writing and shall include information explaining how its action is consistent with this section. If the department indicates that the proposed revision is inconsistent with the regional housing need, the city or county shall use the share that was originally determined by the department. The department, within its final determination, may adjust the allocation of a city or county that was not the subject of a request for revision of the draft distribution.
(f) The department shall issue a final regional housing need allocation for all cities and counties within 45 days of the completion of the local review period.
(g) Statutory changes enacted after the date the department issued a final determination pursuant to this section shall not be a basis for a revision of the final determination.

SEC. 12.

 Section 65860.2 is added to the Government Code, to read:

65860.2.
 (a) Not more than 12 months following the amendment of the land use element of a city’s or county’s general plan pursuant to Section 65302.11, each city or county that contains a very high fire risk area, as defined in Section 65011, shall adopt a very high fire risk overlay zone or otherwise amend its zoning ordinance so that it is consistent with the general plan, as amended.
(b) Notwithstanding any other law, the minimum requirements set forth in this section shall apply to all cities, including charter cities, and counties that contain a very high fire risk area. The Legislature finds and declares that establishment of minimum requirements for wildfire protection in very high fire risk areas is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Except as expressly stated, it is not the intent of the Legislature to limit the ordinances, rules, or regulations that a city or county may otherwise adopt and enforce beyond the minimum requirements outlined in this section.

SEC. 13.

 Section 65865.6 is added to the Government Code, to read:

65865.6.
 (a) Notwithstanding any other law and subject to subdivision (b), after the amendments to the land use element of the city’s or county’s general plan and zoning ordinances required by Sections 65302.11 and 65860.2 have become effective, the legislative body of a city or county that contains a very high fire risk area, as defined in Section 65011, shall not enter into a development agreement for property that is located within such a very high fire risk area unless the city or county finds, based on substantial evidence in the record that the project and all structures within the project are protected from wildfire risk in accordance with the wildfire risk reduction standards in effect at the time that the development agreement is entered into, or wildfire protection standards adopted by the city or county that meet or exceed the wildfire risk reduction standards in effect at the time that the development agreement is entered into.
(b) Subdivision (a) shall apply only to a development agreement entered into on or after the date upon which the statutes of limitation specified in subdivision (c) of Section 65009 have run with respect to the amendments to a city’s or county’s general plan and zoning ordinances required by Sections 65302.11 and 65860.2 or, if the amendments and any associated environmental documents are challenged in court, the validity of the amendments and any associated environmental documents has been upheld in a final decision.
(c) For purposes of this section, “wildfire risk reduction standards” means the wildfire risk reduction standards set forth in Section 65012 that are adopted pursuant to Section 65013 or implemented by the city or county pursuant to subparagraph (B) or (C) of paragraph (1) of subdivision (a) of, or subparagraph (B), (C), or (D) of paragraph (2) of, of subdivision (a) of Section 65012.
(d) This section shall not be interpreted to change or diminish the requirements of any other law or ordinance relating to fire protection. In the event of conflict among the wildfire risk reduction standards, or between the wildfire risk reduction standards and the requirements of any other law relating to fire protection, such conflicts shall be resolved in a manner which on balance is most protective against potential loss from wildfire exposure. Nothing in this section shall be construed to limit the existing authority of a city or county under any other law from adopting ordinances, rules, or regulations beyond the minimum requirements outlined in this section.

SEC. 14.

 Section 65962.1 is added to the Government Code, to read:

65962.1.
 (a) Notwithstanding any other law, and subject to subdivision (b), after the amendments to the land use element of the city’s or county’s general plan and zoning ordinances required by Sections 65302.11 and 65860.2 have become effective, a city or county that contains a very high fire risk area, as defined in Section 65011, shall not approve a discretionary permit or other discretionary entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building, or a ministerial permit that would result in the construction of a new residence, for a project that is located within such a very high fire risk area unless the city or county finds, based on substantial evidence in the record that the project and all structures within the project are protected from wildfire risk in accordance with the wildfire risk reduction standards defined in Section 65012, or wildfire protection standards in effect at the time the application for the permit or entitlement is deemed complete, adopted by the city or county that meet or exceed the wildfire risk reduction standards in effect at the time the application for the permit or entitlement is deemed complete. Approval of a final map or parcel map that conforms to a previously approved tentative map pursuant to Section 66458 shall not constitute approval of a ministerial permit for purposes of this section.
(b) Subdivision (a) shall only apply to a discretionary permit, discretionary entitlement, or ministerial permit issued on or after the date upon which the statutes of limitation specified in subdivision (c) of Section 65009 have run with respect to the amendments to a city’s or a county’s general plan and zoning ordinances required by Sections 65302.11 and 65860.2 or, if the amendments and any associated environmental documents are challenged in court, the validity of the amendments and any associated environmental documents has been upheld in a final decision.
(c) This section shall not be interpreted to waive or reduce a city or county’s obligation pursuant to Section 65863 to ensure that its housing element inventory accommodates, at all times throughout the housing element planning period, its remaining share of its regional housing need.
(d) This section shall not be interpreted to change or diminish the requirements of any other law or ordinance relating to fire protection. In the event of conflict among the wildfire risk reduction standards, or between the wildfire risk reduction standards and the requirements of any other law relating to fire protection, such conflicts shall be resolved in a manner which on balance is most protective against potential loss from wildfire exposure. Nothing in this section shall be construed to limit the existing authority of a city or county under any other law from adopting ordinances, rules, or regulations beyond the minimum requirements outlined in this section.
(e) For purposes of this section, “wildfire risk reduction standards” means those wildfire risk reduction standards set forth in Section 65012 that are adopted pursuant to Section 65013 or implemented by the city or county pursuant to subparagraph (B) or (C) of paragraph (1) of subdivision (a) of, of or subparagraph (B), (C), or (D) of paragraph (2) of, of subdivision (a) of Section 65012.

SEC. 15.

 Section 66474.03 is added to the Government Code, to read:

66474.03.
 (a) Notwithstanding any other law and subject to subdivision (b), after the amendments to the land use element of the city’s or county’s general plan and zoning ordinances required by Sections 65302.11 and 65860.2 have become effective, each city and each county that contains a very high fire risk area, as defined in Section 65011, shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, for a subdivision that is located within such a very high fire risk area unless, in addition to any findings required under Section 66474.02, the city or county finds, based on substantial evidence in the record that the project and all structures within the project are protected from wildfire risk in accordance with the wildfire risk reduction standards in effect at the time the application for the tentative map or parcel map is deemed complete, or wildfire protection standards adopted by the city or county that meet or exceed the wildfire risk reduction standards in effect at the time the application for the tentative map or parcel map is deemed complete.
(b) Subdivision (a) shall only apply to an approval of a tentative map, or a parcel map for which a tentative map was not required, on or after the date upon which the statutes of limitation specified in subdivision (c) of Section 65009 have run with respect to the amendments to the land use element of the city’s or county’s general plan and zoning ordinances required by Sections 65302.11 and 65860.2 or, if the amendments and any associated environmental documents are challenged in court, the validity of the amendments and any associated environmental documents has been upheld in a final decision.
(c) For purposes of this section, “wildfire risk reduction standards” means those wildfire risk reduction standards set forth in Section 65012 that are adopted pursuant to Section 65013 or implemented by the city or county pursuant to subparagraph (B) or (C) of paragraph (1) of subdivision (a) of, or subparagraph (B), (C), or (D) of paragraph (2) of, subdivision (a) of Section 65012.
(d) This section shall not be interpreted to change or diminish the requirements of any other law or ordinance relating to fire protection. In the event of conflict among the wildfire risk reduction standards, or between the wildfire risk reduction standards and the requirements of any other law relating to fire protection, such conflicts shall be resolved in a manner which on balance is most protective against potential loss from wildfire exposure. Nothing in this section shall be construed to limit the existing authority of a city or county under any other law from adopting ordinances, rules, or regulations beyond the minimum requirements outlined in this section.

SEC. 16.

 Section 13132.7 of the Health and Safety Code is amended to read:

13132.7.
 (a) Within a very high fire hazard severity zone designated by the Director of Forestry and Fire Protection pursuant to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code and within a very high hazard severity zone designated by a local agency pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code, the entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure, shall be a fire retardant roof covering that is at least class B as defined in the Uniform Building Code, as adopted and amended by the State Building Standards Commission.
(b) In all other areas, the entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure, shall be a fire retardant roof covering that is at least class C as defined in the Uniform Building Code, as adopted and amended by the State Building Standards Commission.
(c) Notwithstanding subdivision (b), within state responsibility areas classified by the State Board of Forestry and Fire Protection pursuant to Article 3 (commencing with Section 4125) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, except for those state responsibility areas designated as moderate fire hazard responsibility zones, the entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure, shall be a fire retardant roof covering that is at least class B as defined in the Uniform Building Code, as adopted and amended by the State Building Standards Commission.
(d) (1) Notwithstanding subdivision (a), (b), or (c), within very high fire hazard severity zones designated by the Director of Forestry and Fire Protection pursuant to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code or by a local agency pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code, the entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure, shall be a fire retardant roof covering that is at least class A as defined in the Uniform Building Code, as adopted and amended by the State Building Standards Commission.
(2) Paragraph (1) does not apply to any jurisdiction containing a very high fire hazard severity zone if the jurisdiction fulfills both of the following requirements:
(A) Adopts the model ordinance approved by the State Fire Marshal pursuant to Section 51189 of the Government Code or an ordinance that substantially conforms to the model ordinance of the State Fire Marshal.
(B) Transmits, upon adoption, a copy of the ordinance to the State Fire Marshal.
(e) The State Building Standards Commission shall incorporate the requirements set forth in subdivisions (a), (b), and (c) by publishing them as an amendment to the California Building Standards Code in accordance with Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13.
(f) Nothing in this section shall limit the authority of a city, county, city and county, or fire protection district in establishing more restrictive requirements, in accordance with current law, than those specified in this section.
(g) This section shall not affect the validity of an ordinance, adopted prior to the effective date for the relevant roofing standard specified in subdivisions (a) and (b), by a city, county, city and county, or fire protection district, unless the ordinance mandates a standard that is less stringent than the standards set forth in subdivision (a), in which case the ordinance shall not be valid on or after the effective date for the relevant roofing standard specified in subdivisions (a) and (b).
(h) Any qualified historical building or structure as defined in Section 18955 may, on a case-by-case basis, utilize alternative roof constructions as provided by the State Historical Building Code.
(i) The installer of the roof covering shall provide certification of the roof covering classification, as provided by the manufacturer or supplier, to the building owner and, when requested, to the agency responsible for enforcement of this part. The installer shall also install the roof covering in accordance with the manufacturer’s listing.
(j) No wood roof covering materials shall be sold or applied in this state unless both of the following conditions are met:
(1) The materials have been approved and listed by the State Fire Marshal as complying with the requirements of this section.
(2) The materials have passed at least 5 years of the 10-year natural weathering test. The 10-year natural weathering test required by this subdivision shall be conducted in accordance with standard 15-2 of the 1994 edition of the Uniform Building Code at a testing facility recognized by the State Fire Marshal.
(k) The Insurance Commissioner shall accept the use of fire retardant wood roof covering material that complies with the requirements of this section, used in the partial repair or replacement of nonfire retardant wood roof covering material, as complying with the requirement in Section 2695.9 of Title 10 of the California Code of Regulations relative to matching replacement items in quality, color, and size.
(l) No common interest development, as defined in Section 4100 or 6534 of the Civil Code, may require an owner to install or repair a roof in a manner that is in violation of this section. The governing documents, as defined in Section 4150 or 6552 of the Civil Code, of a common interest development within a very high fire severity zone shall allow for at least one type of fire retardant roof covering material that meets the requirements of this section and that is, at a minimum, class B, as defined in the International Building Code.

SEC. 17.

 Article 10 (commencing with Section 4751) is added to Chapter 10 of Part 2 of Division 4 of the Public Resources Code, to read:
Article  10. Conservation Easements on Forested Lands

4751.
 This article shall apply to any conservation easement contracted for purchase with state funds on or after January 1, 2020, wherein land subject to the easement is comprised of existing forestlands, as defined in subdivision (g) of Section 12220, covering at least 20 percent of its area or a minimum of 40 acres, whichever is smaller. To the extent not in conflict with federal law, the terms of any applicable bond, or the requirements of any other funding source, the terms of the conservation easement shall address maintaining and improving forest health and resiliency to disturbances in order to conserve and enhance the land’s ability to provide long-term carbon sequestration, climate benefits, and watershed functions. Provisions in the conservation easement, and any required management plan, shall guide forest management, and other land management undertaken by the landowner, to promote native forest ecological structures and species composition consistent with the forest type, including stand canopy spacing and density, and the development or retention of key structural elements for climate adaptation, including, but not limited to, larger, older trees that benefit vulnerable fish and wildlife.

SEC. 18.

 Section 45 of Chapter 626 of the Statutes of 2018 is amended to read:

Sec. 45.

 (a) (1) The sum of one hundred sixty-five million dollars ($165,000,000) shall be appropriated from the Greenhouse Gas Reduction Fund in the annual Budget Act each year through the 2023–24 fiscal year to the Department of Forestry and Fire Protection for healthy forest and fire prevention programs and projects that improve forest health and reduce greenhouse gas emissions caused by uncontrolled wildfires.
(2) (A) Of the amount appropriated pursuant to paragraph (1), the sum of ____ dollars ($____) shall be allocated by the Department of Forestry and Fire Protection for grants to cities and counties that contain one or more very high fire risk areas, as defined by Section 65011 of the Government Code, for programs and projects that have the dual benefit of controlling the spread of wildfire and improving life safety, which may include, but are not limited to, any of the following:
(i) New, improved, or expanded access roads in populated areas within a very high fire risk area.
(ii) Public or private water supply or delivery facilities suitable for firefighting in a very high fire risk area.
(iii) Remote infrared cameras for detection of wildfires.
(iv) Siren warning systems for wildfires.
(B) The department shall prioritize local assistance grant funding applications from local agencies based upon the proportion of land in the jurisdiction located within very high fire risk areas, as defined in Section 65011 of the Government Code.
(C) Upon development of the recommendations of the State Board of Forestry and Fire Protection pursuant to Section 4290.5 of the Public Resources Code, the department shall prioritize local assistance grant funding applications from local agencies for fire safety improvements recommended by the board.
(b) The sum of thirty-five million dollars ($35,000,000) shall be appropriated from the Greenhouse Gas Reduction Fund in the annual Budget Act each year through the 2023–24 fiscal year to the Department of Forestry and Fire Protection to complete prescribed fire and other fuel reduction projects through proven forestry practices consistent with the recommendations of the Forest Carbon Plan, including the operation of year-round prescribed fire crews and implementation of a research and monitoring program for climate change adaptation.

SEC. 19.

 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.