BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
                             Senator Fran Pavley, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 824          Hearing Date:    July 14,  
          2015
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          |Author:    |Gatto                  |           |                 |
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          |Version:   |March 26, 2015    Amended                            |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|William Craven                                       |
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                        Subject:  Fire prevention activities.


          BACKGROUND AND EXISTING LAW
          1)Requires the Board of Forestry (Board) to classify all lands  
            within the state for the purpose of determining areas in which  
            the financial responsibility of preventing and suppressing  
            fires is primarily the responsibility of the state (these  
            areas are known as "state responsibility area" or "SRA").


          2)Requires the California Department of Forestry and Fire  
            Protection (CDF)  to provide an annual report to the  
            Legislature detailing its fire prevention activities. 


          3)Requires the report to include the following specified data  
            and information:


             a)   The number of hours of fire prevention education  
               performed.
             b)   The number of defensible space inspections conducted,  
               including statewide totals and totals for each region.
             c)   The number of citations issued for noncompliance.
             d)   The number of acres treated by mechanical fuel  
               reduction.
             e)   The number of acres treated by prescribed burns.
             f)   Projected fire prevention activities for the following  







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               fiscal year.
             g)   Information on each of the "Amador contracts." (An  
               Amador contract continues CDF staffing and station coverage  
               through the winter.)

          4)CDF and the federal government have agreements regarding  
            mutual aid in suppressing fires, cost apportionment, incident  
            command, and other aspects of fires that originate on federal  
            lands, expand onto federal lands, or that otherwise require  
            the involvement of both federal and state resources to  
            suppress fires. 


          PROPOSED LAW
          This bill: 
          1)Requires that coordination and cooperation with the federal  
            government be considered a fire prevention activity for the  
            purposes of the report.

          2)Requires the report to the Legislature on fire prevention  
            activities to include a map of the areas of coordination  
            between CDF and the federal government, particularly in areas  
            of high fire hazard severity or in wildlife-urban interface  
            areas.

          3)Renames "Amador contracts" as "Amador agreements" to be  
            consistent throughout the section.

          ARGUMENTS IN SUPPORT
          According to the author, the main problem this bill  
          attempts to address is the lack of adequate fire prevention  
          activities that are carried out collaboratively between the  
          state and federal government. Wildland areas are divided up  
          into a network of federal, state, and local land; however,  
          fires are not limited by these jurisdictional lines. While  
          local, state, and federal agencies often work  
          collaboratively in battling fires, there is a great deal of  
          room for improvement in collaborative fire prevention, as  
          opposed to fire suppression, activities. 

          The current framework for fire prevention activities does  
          not sufficiently recognize and promote collaboration  
          between the state and federal government. This bill seeks  
          to remedy that by reframing the definition of "fire  








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          prevention activities" to reflect a more cooperative  
          mission and by requiring CDF to include information about  
          those cooperative activities to the Legislature. This  
          information would be included in a report that CDF already  
          produces and submits to the Legislature. 


          ARGUMENTS IN OPPOSITION
          None received. 

          COMMENTS
          1) According to a new book, "  On the Burning Edge  ," (Dickman,  
          Penguin Random House, 2015), the fire suppression budget of the  
          US Forest Service (USFS) in 1991 was about 13% of its total  
          budget. Today, the agency which is the largest wildland fire  
          agency in the nation, now spends nearly half of its annual  
          budget on fire suppression, which in most years is approximately  
          $5 billion. (CDF's annual budget exceeds $1 billion.) More  
          telling, the USFS fire suppression appropriation has been  
          overspent every year since 1999. It has had to borrow millions  
          from its other programs-timber, recreation, fisheries-to meet  
          the need. Though Congress has reimbursed the Forest Service for  
          up to 80 percent of the fire program's overspending, calling it  
          disaster relief, the cannibalism of other program budgets has  
          become so bad that many believe that the USFS can't be both a  
          competent fire agency and a competent land management agency. 

          Historically, the focus of the USFS has been on suppression, not  
          prevention. This, in part, is because the USFS lands are  
          predominately unpopulated wildlands, although that is changing  
          as more housing is constructed near wildlands. 

          The Forest Service predicts that by 2030, 40 percent more homes  
          will be in the path of wildfires. Right now, with federal,  
          state, and local government spending included, one study puts  
          the total annual cost of fire suppression at $4.7 billion, and  
          there's little reason to believe that that figure will do  
          anything but rise. 


          At the same time, there is little evidence that the increased  
          spending is doing much to make towns that abut the forest safer.  
          Fire is a natural part of the landscape, although it has been  
          suppressed for generations.  The homes aren't.  Along with  








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          today's denser forests, drier climates, and more people living  
          in the wildlands, wildfires are burning houses with a frequency  
          never seen before. In the 1960s, across the U.S, about a hundred  
          homes went up in smoke every fire season; today, across the  
          west, the number is close to three thousand.


          Of course, as Dickman points out, these costs don't compare to  
          those from a massive hurricane-Katrina cost $125 billion. The  
          significant difference is that the threat wildfire poses to  
          houses and towns can be mitigated-through forest thinning,  
          prescribed burns, and defensible-space work. Yet western towns  
          remain inexplicably ill-prepared. In 2013, fewer than 2 percent  
          of America's communities had done any defensible-space work at  
          all. In California, fire prevention activities by CDF are  
          documented in the annual report mentioned earlier and those  
          reports show very slow and gradual improvement in fire  
          prevention activities in most years. 


          2) In 2009, Congress passed the Federal Land Assistance,  
          Management, and Enhancement Act of 2009 (the FLAME Act). This  
          legislation established a separate account for funding for  
          emergency wildfire suppression activities undertaken on  
          Department of the Interior and National Forest System lands.  
          Last summer, as part of the FLAME Act implementation, the  
          Eldorado National Forest was one of two forests in California  
          selected to begin implementation of the National Cohesive  
          Wildland Fire Management Strategy. CDF and the USFS developed  
          "Fire Adapted 50," which is a joint effort to reduce fuel,  
          improve forest health, and increase effectiveness of wildland  
          fire response. This is an example of joint USFS-CDF prevention  
          work that would be reported to the Legislature to meet the  
          requirements of this bill. 

          SUGGESTED AMENDMENTS 

          To provide more specific information about coordination and  
          cooperation between CDF and the federal government that future  
          reports will document, the author may want to consider three  
          additions to the reporting requirement at page 2, line 14, that  
          could be provided in addition to other relevant information: 










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          AMENDMENT 1


          4137 (a) (10) Coordination and cooperation with the federal  
          government, including but limited to the following:  


           a) Estimates of state and federal fire prevention costs to fund  
          fire prevention activities of Fire Safe Councils, community  
          emergency response teams developed by local governments, and  
          similar organizations who cooperate with state and federal  
          authorities to reduce the risk of wildfires near communities. 


          b) Estimates of the funding needs for forest fuel management  
          programs to reduce urgent fire risks near communities at high  
          risk of wildfire. 


          c) Usage of coordinated policies that promote defensible space  
          adjacent to communities where multiple jurisdictions may engage  
          in fire suppression activities. 


          AMENDMENT 2


           The author proposes adding a technical amendment in (a) 10 and  
          (c)1 after the word "government" the term "on large  
          landscape-scale projects" 

          SUPPORT
          Center for Biological Diversity
          Crescenta Valley Fire Safe Council
          Sierra Club California

          OPPOSITION
          None Received

          
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