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<ns0:Id>20250SB__081597AMD</ns0:Id>
<ns0:VersionNum>97</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-21</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-03-25</ns0:ActionDate>
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<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-04-24</ns0:ActionDate>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>815</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senators Allen and Stern</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Allen</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Stern</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title>An act to amend Section 65302 of, and to add Sections 65040.18 and 65302.11 to, the Government Code, relating to land use.</ns0:Title>
<ns0:RelatingClause>land use</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Planning and zoning: very high fire hazard areas.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>
(1)
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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.
</html:p>
<html:p>Existing law requires that the Office of Land Use and Climate Innovation, among other things, coordinate with appropriate entities, including state, regional, or local agencies, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities, as provided.</html:p>
<html:p>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, 2026, whichever occurs first, to be reviewed and updated as necessary to include a comprehensive retrofit strategy to improve safety and reduce the risk of property loss and damage during wildfires, as specified, and would require the planning agency to submit the adopted strategy to the Office of Planning and Research for inclusion into the above-described clearinghouse. 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. </html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>This bill would require a city or county that contains residential structures in a very
high fire hazard area, as defined, upon each revision of the housing element on or after January 1, 2026, to amend the land use element of its general plan to consider, among other things, the goals contained in the most recent Strategic Fire Plan for California prepared by the Department of Forestry and Fire Protection. The bill would also require the revised land use elements to contain, among other things, the locations of all very high fire
hazard 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 also require the city or county to complete a review of, and make findings related to, the designation of lands within the jurisdiction as very high fire hazard severity zones, upon each subsequent revision of the housing element, as provided. By increasing the duties of local officials, this bill would impose a state-mandated local program.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Existing law requires the Office of Land Use and Climate Innovation 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.
</html:p>
<html:p>This bill would require the Office of Land Use and Climate Innovation, on or before January 1, 2027, in collaboration with cities and counties, to identify local ordinances, policies, and best practices relating to land use planning in very high fire hazard areas, as defined, wildfire risk reduction, and wildfire preparedness and publish these resources on the above-described clearinghouse, as specified.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_E962F233-BE09-499A-9E0C-45E4CEA5DD95">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 65040.18 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
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<ns0:Num>65040.18.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
By January 1, 2027, the Office of Land Use and Climate Innovation, in collaboration with cities and counties, shall identify local ordinances, policies, and best practices relating to land use planning in very high fire hazard areas, wildfire risk reduction, and wildfire preparedness, and shall publish these resources on the clearinghouse established pursuant to Section 71360 of the Public Resources Code. The office shall include in the clearinghouse any comprehensive retrofit strategies submitted pursuant to subparagraph (E) of paragraph (6) of
subdivision (g) of Section 65302. The office shall regularly update the clearinghouse materials made available pursuant to this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, “very high fire hazard
area” means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.
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<ns0:BillSection id="id_DB8A9E19-E088-440B-9BE5-FDEB53A18768">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 65302 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_0717315B-16B8-46BA-A013-D94F6B779174">
<ns0:Num>65302.</ns0:Num>
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<ns0:Content>
<html:p>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:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The following definitions govern this paragraph:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Military readiness activities” mean all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Training, support, and operations that prepare the members of the military for combat.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Operation, maintenance, and security of any military installation.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“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 (e) of Section 2687 of Title 10 of the United States Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body shall do all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Incorporate the principles of the Federal Highway Administration’s Safe System Approach, in the circulation element by including policies that aim to eliminate fatal and serious injuries for all road users through a holistic view of the roadway system, including provisions that account for human error, recognize vulnerable road users, and promote redundant and proactive safety measures.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Develop bicycle plans, pedestrian plans, and traffic calming plans based on the policies and goals in the circulation element that shall address all
of the following for any urbanized area within the scope of the general plan:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Identify safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Use evidence-based strategies, including strategies identified in the United States Department of Transportation’s Strategic Highway Safety Plan to develop safety measures specific to those areas that are intended to eliminate traffic fatalities, with an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of micromobility device in the areas identified in subclause (I).
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Set goals for initiation and completion of all actions identified in the plans within 25 years of the date of adoption of the
modified circulation element based upon projected development activities within urbanized areas within the scope of the general plan and projected availability of revenues.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A county or city shall begin implementation of the modified circulation element plan specified in subparagraph (B) within two years of the date of adoption of the plan.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A county or city shall regularly review the progress towards and identify impediments to completing implementation of the plan for a multimodal transportation network, including all bicycle plans, pedestrian plans, and traffic calming plans iterated in the modified circulation element, and the construction of any related infrastructure.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A county
or city shall consider revising the circulation element if, following the review under clause (ii), the county or city determines it will not reach the goals of the bicycle, pedestrian, or traffic calming plans within 25 years of the date of adoption of the modified circulation element.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For the purposes of this paragraph, the following definitions shall apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Business activity district” has the same meaning as defined in Section 22358.9 of the Vehicle Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Land facilities that generate high concentrations of bicyclists or pedestrians” has the same meaning as described in Section 22358.7 of the Vehicle Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
“Micromobility device” means a
bicycle, electric bicycle, or motorized scooter as those terms are defined and described in Division 1 (commencing with Section 100) of the Vehicle Code.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
“Safety corridor” has the same meaning as defined in Section 22358.7 of the Vehicle Code.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
“Urbanized area” has the same meaning as defined in Section 21071 of the Public Resources Code.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A housing element as provided in Article 10.6 (commencing with Section 65580).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on the movement of wildlife and habitat connectivity. 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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The conservation element may also cover all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The reclamation of land and waters.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Prevention and control of the pollution of streams and other waters.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Prevention, control, and correction of the erosion of soils, beaches, and shores.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Protection of watersheds.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The location, quantity, and quality of the rock, sand, and gravel resources.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Upon the adoption or next revision of one or more
elements on or after January 1, 2028, the conservation element shall be updated to:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, as those terms are defined in Section 158 of the Streets and Highways Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Identify and analyze existing or planned wildlife passage features, as defined in Section 158 of the Streets and Highways Code, including, but not limited to, wildlife passage features included in the inventory of connectivity needs on the state highway system, as described in Section 158.1 of the Streets and Highways Code, to ensure that planned development does not undermine the effectiveness of existing and potential wildlife passage features, as defined in Section 158 of the Streets and Highways
Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Consider the impacts of development and the barriers caused by development to wildlife and habitat connectivity.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For the purposes of this subparagraph, “wildlife” has the same meaning as defined in Section 89.5 of the Fish and Game Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Avoid, minimize, or mitigate impacts and barriers to wildlife movement to the extent feasible.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Analyze and consider opportunities to remediate existing barriers to wildlife connectivity and restore degraded habitat and open space.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If a city, county, or city and county has already included policies in existing
plans, including its certified local coastal plan, that meet the requirements of paragraph (4), the city, county, or city and county may incorporate the plan by reference into the general plan to comply with this section.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
In preparing to update the conservation element, the city, county, or city and county may do any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Consider incorporating appropriate standards, policies, and feasible implementation programs such as wildlife-friendly fencing and lighting, buffers from sensitive resources, prohibitions on invasive plants, habitat connectivity overlay zones, and compact development standards, or consider whether adoption of ordinances is necessary to feasibly implement these standards, policies, and implementation programs, and include goals to adopt any necessary ordinances.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Consult with the Department of Fish and Wildlife, any California Native American tribe that is on the contact list maintained by the Native American Heritage Commission and that has traditional lands located within the city, county, or city and county’s jurisdiction, and any open-space district that owns lands designated for conservation within the city, county, or city and county’s jurisdiction. Upon receiving a request for consultation, the department, tribe, or district may, in its sole discretion, accept or refuse to consult, based on the priority of natural resources impacted or other factors.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Consider relevant best available science as appropriate, including, but not limited to, peer-reviewed literature, citable publicly available datasets, publicly sourced online
datasets, and information and reports from government agencies, California Native American tribes, and academic institutions.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Consider the most appropriately scaled scientific information on linkages, corridors, and other locations that are essential to maintain landscape connectivity, including, but not limited to, any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Habitat linkages and wildlife corridors, such as those identified and summarized in the Areas of Conservation Emphasis, as defined by subdivision (a) of Section 1851 of the Fish and Game Code, and in regional habitat connectivity assessments.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Wildlife corridors, such as migration corridors identified by global positioning system collar studies.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Wildlife movement barriers, such as connectivity areas, as defined by subdivision (a) of Section 158 of the Street and Highways Code, and barriers identified by the Department of Fish and Wildlife’s Restoring California’s Wildlife Connectivity report.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Other connectivity considerations, such as those outlined in the State Wildlife Action Plan, habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code, natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, regional conservation investment strategies approved pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code, and other relevant plans, policies, and ordinances
adopted by neighboring jurisdictions.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
In preparing to update the conservation element, the city, county, or city and county may consult with other appropriate local, state, or federal agencies, or academic institutions, as deemed appropriate by the city or county.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The city, county, or city and county may meet the requirements in paragraphs (4) through (6), inclusive, in a separate component or section of the general plan entitled a wildlife connectivity element.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
An open-space element as provided in Article 10.5 (commencing with Section 65560).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Highways and freeways.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Primary arterials and major local streets.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Passenger and freight online railroad operations and ground rapid transit systems.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Local industrial
plants, including, but not limited to, railroad classification yards.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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 (L
<html:sub>dn</html:sub>
). 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 subparagraphs (A) to (F) of paragraph (1), inclusive.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Identify information regarding flood hazards, including, but not limited to, the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
National Flood Insurance Program maps published by FEMA.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Information about flood hazards that is available from the United States Army Corps of Engineers.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Designated floodway maps that are available from the Central Valley Flood Protection Board.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Dam failure inundation maps prepared
pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
Maps of levee protection zones.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.
</html:p>
<html:p>
(xi)
<html:span class="EnSpace"/>
Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Avoiding or minimizing the risks of flooding to new development.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Maintaining the structural and operational integrity of essential public facilities during flooding.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Establishing cooperative working
relationships among public agencies with responsibility for flood protection.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Information regarding fire hazards, including, but not limited to, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Fire hazard severity zone maps available from the Office of the State Fire Marshal.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Any historical data on wildfires available from local agencies or a reference to where the data can be found.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Information about
wildfire hazard areas that may be available from the United States Geological Survey.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Avoiding or minimizing the wildfire hazards associated with new uses of land.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Working cooperatively with public agencies with responsibility for fire protection.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Information from the internet-based Cal-Adapt tool.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Information from the most recent version of the California Adaptation Planning Guide.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Information from local agencies on their current ability to deal with the impacts of climate change.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.
</html:p>
<html:p>
(VII)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Feasible methods to avoid or minimize climate change impacts associated with new uses of land.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The designation of adequate and feasible infrastructure located in an at-risk area.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
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 purposes of this clause, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values
and functions, and provide a wide array of benefits to people and wildlife.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Upon the next revision of the housing element on or after January 1, 2020, the safety element shall be reviewed and updated as necessary to identify residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Upon the next revision of the housing element or the hazard mitigation plan on or after January 1, 2026, whichever occurs first, the safety element shall be reviewed and updated as necessary to include a comprehensive retrofit strategy for residential developments
and infrastructure to improve safety and reduce the risk of property loss and damage during wildfires. The comprehensive retrofit strategy shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A list of the types of retrofits needed in an area based on fire risk.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A process for identifying and inventorying residential structures in need of retrofit for fire hardening, and infrastructure in need of retrofit to support evacuation and emergency response in the event of a disaster. The strategy shall prioritize the identification and inventorying of residential structures in very high fire hazard
areas.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Goals and milestones for completing needed retrofit work.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Potential funding sources and financing strategies to pay for needed retrofits on public and private property.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Once adopted, the planning agency shall submit the adopted comprehensive retrofit strategy to the Office of Land Use and Climate Innovation for inclusion in the clearinghouse established pursuant to Section 71360 of the Public Resources Code.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), (5), and (6), 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.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Before the periodic review of its general plan and 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.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
For purposes of this subdivision, “very high fire hazard area” means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Identify objectives and policies to promote civic engagement in the public decisionmaking process.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this subdivision, the following terms shall apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Public facilities” includes public improvements, public services, and community amenities, as defined in subdivision (d) of Section 66000.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
“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.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_9B5CD69E-F3D0-4A6E-861E-35DA7B15AACD">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 65302.11 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_346BE1A1-7928-4280-BF19-5A89572DD80F">
<ns0:Num>65302.11.</ns0:Num>
<ns0:LawSectionVersion id="id_86A959D1-CA38-40D5-9548-C507DF15957D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Upon each revision of the housing element on or after January 1, 2026, each city or county that contains residential structures in a very high fire hazard area shall amend the land use element of its general plan to consider all of the following with respect to residential lands located within a very high fire
hazard area:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The goals contained in the most recent Strategic Fire Plan for California prepared by the Department of Forestry and Fire Protection.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The
advice described in the Office of Land Use and Climate Innovation’s most recent publication of “Fire Hazard Planning–General Plan Technical Advice Series.”
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Each revised land use element amended pursuant to subdivision (a) shall contain all of the
following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The locations of all very high fire hazard areas within the city or county.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The goals, objectives, and policies, based on the consideration of the factors described in subdivision (a), for the protection of lives and property from unreasonable risk of
wildfire. These
goals, 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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Feasible implementation measures designed to carry out the goals, objectives, and policies established pursuant to this subdivision.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
After the initial amendment of the land use element pursuant to
subdivisions (a) and (b), the governing body of the city or county shall review, upon each subsequent revision of the housing element, but not less than once every eight years, the designation of lands within the jurisdiction as very high fire hazard severity zones pursuant to subdivision (b) of Section 51179. Upon each review, the governing body shall make written findings, based upon substantial evidence, supporting the determinations made in accordance with subdivision (b) of Section 51179.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, “very high fire
hazard area” means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6FBCCCFE-67C2-4854-8183-241DFEBB0346">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
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.
</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>
|