ATTACHMENT 2
ATTACHMENT 2
ATTACHMENT 2
FHSZ Frequently Asked
Questions
What do Fire Hazard Severity Zones measure?
The Fire Hazard Severity Zone map
reflects
“hazard,” not “risk”.
The map is like flood zone maps,
where lands are described in terms of the probability level of a par琀椀 cular area being inundated by
floodwaters, and not specifically prescrip琀椀ve of impacts.
“Hazard” is based on the physical condi琀椀ons that create a likeliho od and expected fire behavior
over a 30 to 50
-
year period without considering mi琀椀ga琀椀on measures such as home hardeni ng,
recent wildfire, or fuel reduc琀椀on efforts.
“Risk” is the poten琀椀al damage a fire can do to the area under exis琀椀ng condi 琀椀ons, accoun琀椀ng for
any modifica琀椀ons such as fuel reduc琀椀on projects, def
ensible space, and igni琀椀on resistant building
construc琀椀on.
W
hat is a Fire Hazard Severity Zone or FHSZ?
Public Resource Code 4202
; The State Fire Marshal shall classify lands within
S
tate
R
esponsibility
A
reas into
F
ire
H
azard
S
everity
Z
ones. Each zone shall embrace rela琀椀vely homogeneous lands and shall be based on fuel loading, slope, fire weather, and other relevant fa ctors present, including
areas where winds have been iden琀椀fied by the department as a major cause of w ildfire spread.
Government Code 51178
; The State Fire Marshal shall iden琀椀fy areas in the state as M
oderate,
H
igh, and
V
ery
H
igh
F
ire
H
azard
S
everity
Z
ones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moder ate,
H
igh, and
V
ery
H
igh
F
ire
H
azard
S
everity
Z
ones shall be based on fuel loading, slope, fire weather, and other rele vant
factors including areas where winds have been iden琀椀fied by the Office of th e State Fire Marshal as
a major cause of wildfire spread.
Will the new
F
ire
H
azard
S
everity
Z
ones affect my ability to get or maintain insurance?
Insurance companies use risk models, which differ from hazard models , because they consider the
suscep琀椀bility of a structure to damage from fire and other short -
term factors that are not included
in hazard modeling. It is unlikely that insurance risk mode ls
would u琀椀lize
CAL FIRE Fire Hazard
Severity Zones as a factor, but much of the same data that is used in the F
ire
H
azard
S
everity
Z
one
model are likely included in the insurance companies’ risk models.
However, insurance risk models
incorporate many addi琀椀onal factors and
that change more frequently than those that CAL FIRE
includes in its hazard mapping, which is built to remain steady for the next 10+ years.
General
ATTACHMENT 2
FHSZ Frequently Asked
Questions
When were the maps last updated?
In 2007, CAL FIRE updated the FHSZs for the en琀椀re State Responsibili ty Area (SRA). Between 2008
-
2011 the department worked with local governments to make recommenda琀椀ons of the Very High
Fire Hazard Severity Zones within Local Responsibility Area (LRA) .
Why are fire hazard severity maps being updated?
The hazard maps are being updated to more accurately reflect the zones i n California that are
suscep琀椀ble to wildfire. The hazard mapping process will incorpo rate new science in local climate
data and improved fire assessment modeling in determining hazar d ra琀椀ngs.
Where do Fire Hazard Severity Zones apply?
Fire Hazard Severity Zones are found in areas where the state has fi nancial responsibility for
wildfire protec琀椀on and preven琀椀on, called the State Responsibility Area. More than 31 million
acres are in this area. Under
Senate Bill 63 (Stern, 2021)
Government
Code 51178
was amended to
also iden琀椀fy
the Moderate and High Fire Hazard Severity Zones with the Very High in Local
Responsibility Area (LRA).
What are the uses of Fire Hazard Severity Zones?
The zones are used for
several purposes including to designate areas where California’s d efensible
space standards and wildland urban interface buildi
ng codes are required. They can be a factor in
real estate disclosure, and local governments may consider them in th eir general p
lan.
What are the key elements of the Fire Hazard Severi
ty Zone model?
The
fi
re
h
azard
s
everity model for wildland fire has two key elements: probability of an area
burning and expected fire behavior under extreme fuel and weather condi琀椀o ns. The zones reflect
areas that have similar burn probabili琀椀es and fire behavior charact eris琀椀cs. The f
actors considered
in determining fire hazard within wildland areas are fire history, fl ame length, terrain, local
weather, and poten琀椀al fuel over a 50
-
year period. Outside of wildlands, the model considers
factors that might lead to buildings being threatened, including terr ain, weather, urban vegeta琀椀on
cover, blowing embers, proximity to wildland, fire history, and fire ha zard in nearby wildlands.
FHSZs are not a structure loss model, as key informa琀椀on regarding str ucture igni琀椀on (such
as roof
type, etc.) is not included.
General
ATTACHMENT 2
FHSZ Frequently Asked
Questions
How do the Fire Hazard Severity Zone
M
aps differ from California Public U琀椀li琀椀es Commission
(CPUC) High Fire
Threat District Maps?
The California Public U琀椀li琀椀es Commission (CPUC) sponsored map, kno wn as "CPUC High Fire
Threat District Map” (HFTD), includes similar factors as those in the FHSZ maps, however the CPUC
HFTD Map is designed specifically for iden琀椀fying areas where there is an increased risk for u琀椀lity
associated wildfires. As such, the CPUC map includes fire haz ards associated with historical
powerline
-
caused wildfires, current fuel condi琀椀ons, and scores areas based on wher e fires start, as
opposed to where poten琀椀al fires may cause impacts.
Why is my property in a different zone than the adjacent area , which looks similar?
In wildland areas, zone edges are a result of the way zones are delineated.
Specifically, zones
represent areas of similar slope and fuel poten琀椀al. Zone boundaries di vide zones based on
geographic and vegeta琀椀on features that align with fire hazard pot en琀椀
al; although, at a local scale,
it may appear that the immediate area is similar on both sides of the edge. The c lass value within a
zone is based on the average hazard score across the whole zone, so ar eas that are in the same
zone but not immediately adjacent to a local area can have an influence o n the final zone
classifica琀椀on.
Classifica琀椀on outside of wildland areas is based on the fire hazard of the adjacent
wildland and the probability of flames and embers th
reatening buildings.
How are Fire Hazard Severity Zones determined?
CAL FIRE used the best available science and data to develop, and field t est a model that served as
the basis of zone assignments. The model evaluated the probability of the area burning and
poten琀椀al fire behavior in the area. Many factors were included s uch as fire history, vegeta琀椀on,
flame length, blowing embers, proximity to wildland, terrain, and weath er.
What new data will be included in the new model, and how does this di ffer from the previous
model?
A 2 km grid of climate data covering the years 2003
-
2018 is being used in the update. The previous
model used stock weather inputs across the state to calculate wildlan d fire intensity scores. The
updated model will adjust fire intensity scores based on the most extreme fi re weather at a given
loca琀椀on, considering temperature, humidity, and wind
speed. In addi琀椀on, ember transport is being
modeled based on local distribu琀椀ons of observe
d wind speed and direc琀椀on values instead of using
a generic buffer distance for urban areas adjacent to wildlands.
General
ATTACHMENT 2
FHSZ Frequently Asked
Questions
Ho
w can
I search
the Fire Hazard Severity Zone of a property?
You can search by address to find your current design
a琀椀on on the web at:
osfm.fire.ca.gov/FHSZ
Why does the model place an emphasis on the spread of embers?
Embers spread wildfire because they can travel long distances in the wind and ignite vegeta琀椀on,
roofs, a琀?cs (by ge琀?ng into vents), and decks.
Why do waterbodies have a Fire Hazard Severity Zone
Classifica琀椀on?
All areas in State Responsibility Area, including water bodies, re quire a
F
ire
H
azard
S
everity
Z
one
designa琀椀on. The 2007 FHSZ maps zoned all water as
M
oderate by default. In the 202
3 FHSZ model
we added a buffer
of FHSZ from the surrounding wildland into water bodies to acco unt for
poten琀椀al threat of embers to buildings on docks and house boats, as well as varia琀椀on in reservoir
height that occurs with drought.
How does CAL FIRE
assist
L
ocal
G
overnments in Fire Hazard
Severity Zones?
CAL FIRE’s Land Use Planning Program is a specialized unit that provides support to local
governments by providing fire safety exper琀椀se on the State’s wildl and urban interface building
codes, wildfire safety codes, as well as helping in the development of
the safety elements in
general plans.
General
ATTACHMENT 2
FHSZ Frequently Asked
Questions
What is State Responsibility Area or SRA?
SRA
is a legal term defining the area where the state has financial res ponsibility for wildland fire
protec琀椀on and preven琀椀on.
Incorporated ci琀椀es and federal ownership are not included. Within the SRA, CAL FIRE is responsible for fire preven琀椀on and suppression.
There are more than 31 million
acres in SRA, with an es琀椀mated 1.7 million people and 800,000 exis琀椀 ng homes.
H
ow is
S
tate
R
esponsibility
A
rea determined?
The Board of Forestry and Fire Protec琀椀on (Board) classifies land as State Responsibility Area. The
legal defini琀椀on of SRA is found in the
Public Resources Code Sec琀椀on 4125
. The Board has
developed detailed procedures to classify lands as State Responsib ility Area. Lands are removed
from SRA when they become incorporated by a city, change in ownership to the federal
government, become more densely populated, or are converted
to intensive agriculture that
minimizes the risk of wildfire. While some lands are removed from SRA automa琀椀cally, the Board
typically reviews changes every five years.
What Fire Hazard Severity Zones are in State Responsibility Area?
All of the State Responsibility Area is in a Fire Hazard Severity Zon e. Lands are either ranked as
Moderate, High or Very High Fire Hazard Severity Zones.
What are the wildland urban interface (WUI) building codes in Sta te Responsibility Area?
The WUI building codes (
California Building Code (CBC) Chapter 7A
) reduce the risk of embers
fanned by wind
-
blown wildfires from igni琀椀ng buildings. The codes for roofing, sidi ng, decking,
windows, and vents apply throughout all
S
tate
R
esponsibility
A
rea regardless of the fire hazard
severity ranking. Ember
-
resistant building materials can be found at:
h琀琀ps://osfm.fire.ca.gov/divisions/fire
-
engineering
-
and
-
inves琀椀ga琀椀ons/building
-
materials
-
lis琀椀ng/
State Responsibility Area
ATTACHMENT 2
FHSZ Frequently Asked
Questions
What is the difference between the various Fire Hazard Severi ty Zones
?
Classifica琀椀on of a wildland zone as Moderate, High or Very High F
ire
H
azard is based on the
average hazard across the area included in the zone, which have a min imum size of 200 acres. In
wildlands, hazard is a func琀椀on of modeled flame leng
th under the worst condi琀椀ons and annual
burn probability. Both these factors generally increase with increasi ng hazard level, but there may
be instances where one value is Very High and the other is low, pushing the o verall hazard into a
more intermediate ranking. On average, both modeled flame length and burn p robability increase
by roughly 40
-
60% between hazard classes.
Is the GIS data for Fire Hazard Severity Zones available for download?
The data inputs used to develop the Fire Hazard Severity Zones are iden琀椀fied i n the Ini琀椀al
Statement of Reasons (ISOR) Title 19 Development (ca.gov). CAL FI RE has developed an addi琀椀onal
data package which consists of sequen琀椀al modeling steps, includ in
g any data inputs that were not
already publicly available and referenced in the ISOR. The data pack age encompasses 34 spa琀椀al
datasets and 8 tables, provided in raster, polygon, and table fo rmat. These datasets are forma琀琀ed
for Esri ArcGIS so昀琀ware, exce
pt for four tables provided in Excel. Ten of the datasets are upda ted
versions used to produce an edited SRA FHSZ map following the public c omment period that
ended April 4, 2023. Upon formal adop琀椀on of the FHSZ map, the final SRA FHSZ geospa琀椀al data
fi
le will become available. The data package is available on the FHSZ web site Fire Hazard Severity
Zones (ca.gov) under the science and methods banner.
State Responsibility Area
ATTACHMENT 2
FHSZ Frequently Asked
Questions
What is
Local Responsibility Area or LRA?
Local Responsibility Areas (LRA) are incorporated ci琀椀es, urban r egions, agriculture lands, and
por琀椀ons of the desert where the local government is responsible for wild fire protec琀椀on. This is
typically provided by city fire departments, fire protec琀椀on districts, c oun琀椀es, and by CAL FIRE
under contract.
W
hen did Fire Hazard Severity Zones begin in Local Responsibilit y Area?
Assembly Bill 337 (Bates
,
1992) prompted by the devasta琀椀ng Oakland Hills Fire of 1991, ca lls
for
CAL FIRE to evaluate fire hazard severity in
L
ocal
R
esponsibility
A
rea and to make a
recommenda琀椀on to the local jurisdic琀椀on
where
V
ery
H
igh FHSZ exist.
Government Code 51175
then provides direc琀椀on for the local jurisdic琀椀on to take appropria te ac琀椀on.
How are Fire Hazard Severity Zones determined in
L
ocal
R
esponsibility
A
reas?
CAL FIRE uses an extension of the
S
tate
R
esponsibility
A
rea Fire Hazard Severity Zone model as the
basis for evalua琀椀ng fire hazard in Local Responsibility Area. The L ocal Responsibility Area hazard
ra琀椀ng reflects flame and ember intrusion from adjacent
wildlands and from flammable vegeta琀椀on
in the urban area.
What are the requirements for landowners in
Fire Hazard Severity Zones
in
L
ocal
R
esponsibility
A
reas?
California’s WUI building codes (
CBC Chapter 7A
) apply to the design and construc琀椀on of new
buildings located in High and Very High FHSZs in Local Responsib ility Areas. Local ordinances may
require igni琀椀on resistant construc琀椀on for remodel projects. Check wi th your local building
department to det
ermine which igni琀椀on resistant building codes apply t
o your project. In addi琀椀on,
Government Code Sec琀椀on 51182 calls for defensible space clearanc e and other wildland fire safety
prac琀椀ces for buildings. Owners are also required to make a natural hazard
disclosure as part of a
real estate transfer. For informa琀椀on regarding home hardening an d defensible space clearance,
vis
it
www.readyforwildfire.org.
Does the designa琀椀on of Very High Fire Hazard Severity Zone s in the Local Responsibility Area
trigger the 100
-
foot clearance requirement?
Yes, per
Government Code 51182
unless a local government has passed a more stringent
requirement, the 100
-
foot defensible space clearance applies. For inform
a琀椀on regarding home
hardening
and defensible space clearance, visit
www.readyforwildfire.org
.
Local Responsibility Area
ATTACHMENT 2
FHSZ Frequently Asked
Questions
Why is my property in a different zone than the adjacent area, which looks similar?
In non
-
wildland areas, zone edges occur based on distance to the wildland ed ge. Because hazard in
these areas is largely determined by incoming embers from adjacent wildl and, urban areas that are
similar in vegeta琀椀on type and housing density may have a change in FH SZ class as the distance to
the wildland edge increases. Areas immediately adjacent to wildland recei ve the same FHSZ score
as that wildland where fire originates, and the model then produces lower s cores as the distance
to wildland edge increase
s.
What is the process for developing Fire Hazard Severity Zone s in the Local Responsibility Area?
CAL FIRE uses the same modeling data that is used to map the State Responsi bility Area. The map,
along with a model ordinance, are then sent to the governing body for ado p琀椀on.
How are the new Fire Hazard Severity Zones impac琀椀ng devel opment?
Many of the changes expanding
F
ire
H
azard
S
everity
Z
ones in
L
ocal
R
esponsibility
A
reas
have been
supported by the building industry. CAL FIRE works c
losely with the building industry when se琀?ng
various building codes and defensible space requirements, so we are wo rking together to not
affect development itself but to make sure development matches the hazards of that area.
When will the Local Responsibility Area Map be released?
The Local Responsibility Area
m
ap
p
rocess will happen a昀琀er the State Responsibility Area process has been completed, which is es琀椀mated to occur in winter of 20 25 .
Why haven’t Moderate and High Fire Hazard Severity Zone clas ses been classified before in the
Local Responsibility Area?
New legisla琀椀on,
Senate Bill 63 (Stern, 2021)
, now requires the adop琀椀on of all three Fire Hazard
Severity Zone classes in the Local Responsibility Area. Previously only Very High Fire Hazard
Severity Zones were required
for adop琀椀on in Local
Responsibility Areas.
Local Responsibility Area
ATTACHMENT 2
LRA Legislation Factshee
t
Assembly
Bill No.
33 7
An act to add Chapter 6.8 (commencing with Section
51175) to Part 1 of Division 1 of Title 5 of the
Government Code, and to amend
Section 13108.5 of the Health and Safety Code
, relating to fire
protection.
[Enrolled, January 28, 1991]
AB 337
, Bates. Very high fire hazard severity zones.
(1)
Under existing law, the State Board of Forestry is
required to classify all lands within the
state,
in accordance
with prescribed criteria, for the purpose of determ
ining areas in which
the financial
responsibility of preventing and suppressing fires is primar ily the responsibility
of the state.
This bill would declare that the prevention of fire
s is not a municipal affair but is instead, a
matter
of statewide
concern, and would make a finding and declaration o
f the Legislature
that its provisions
apply to
all local agencies, including, but not limited to, ch
arter cities,
charter counties, and charter cities
and counties. The bill would prohibit that finding
from
limiting the authority of a local agency, as define
d, from
imposing more restrictive fire and
panic safety requirements, as otherwise authorized
by law.
The bill would state that it is not the intent of t
he Legislature to limit or restrict the authority
of a
local agency
to impose more restrictive fire and panic safety re
quirements, as otherwise
authorized by law.
This bill would require the Director of Forestry an
d Fire Protection to identify areas in the
state as
very high
fire hazard severity zones within all counties purs
uant to a prescribed
schedule. The bill
would require
local agencies, as defined, to designate, by ordina
nce, very
high fire hazard severity zones in their
jurisdiction after receiving recommendations from t
he
director, except as prescribed. The bill
would authorize
local agencies to include or exclude
areas following certain findings and would r
equire
changes made
by local agencies to be
final and not rebuttable by the director. By requir
ing local agencies to designate
very high
fire hazard severity zones within their jurisdictio
ns, this bill would impose a state
-
mandated
local program. The bill would require the State Fir
e Marshal to prepare and adopt a
model
ordinance
that provides for the establishment of any high fir
e hazard security zones.
ATTACHMENT 2
LRA Legislation Factshee
t
Assembly Bill No.337
(Continued)
(2)
Under existing law, any person who owns, leases, co
ntrols, operates, or maintains any
building
or structure
in, upon, or adjoining any mountainous area or fore
st
-
covered lands,
brush
-
covered lands,
or grass
-
covered lands, or any land that is covered with fla
mmable
material, is required to
undertake specified
fire protection measures, including the
maintenance of specified firebreaks.
The bill would enact requirements of this nature fo
r any person who owns, leases, controls,
operates,
or maintains, any occupied dwelling or occupied str
ucture in, upon, or adjoining
any mountainous
area, forest
-
covered land, brush
-
covered land, grass
-
covered land, or land
covered with flammable material, which
area or land is within a very high fire hazard
severity zone, as described in (1).
The bill would authorize local agencies to exempt c
ertain structures and would exempt
certain land or water
areas.
The bill would make violation of these requirements
an infraction or misdemeanor, as
specified,
thereby imposing
a state
-
mandated local program by creating a new crime, and
would specify related matters.
This bill would require local agencies to notify ow
ners of property of violation and would
authorize
local agencies
to correct the conditions and make a lien upon the
property, as
prescribed. By creating these requirements
, this bill would impose a state
-
mandated local
program.
The bill would permit a violation of these requirem
ents to be considered a public nuisance,
as specified.
(3)
Existing law requires the State Fire Marshal to ado
pt, amend, and repeal regulations for
roof
coverings
and openings into the attic areas of buildings in t
hose fire hazard severity zones in
state responsibility
lands as designated by the director. Existing law r
equires the director to
classify
lands within
state responsibility areas into fire hazard severit
y zones.
This bill would instead require the State Fire Mars
hal to propose, and would require the
State
Building Standards
Commission to adopt, amend, and repeal those regula
tions. The
bill would also require
the State
Fire Marshal to propose, and would require the Stat
e
Building Standards Commission to adopt, amend, and
repeal, those regulations for buildings
in very high fire hazard severity zones in
state responsibility
lands, designated by the
director, and in very high fire hazard severity zon
es as
described in
(1). The bill would
require roofs on all new buildings and certain exis
ting buildings in both of
those zones
to be
at least a class B roof that complies with Standard
32 -
7 of the Uniform Building Code,
as
adopted
in the California Building Standards Code. The bill
would impose requirements on
installers
and roofing
materials and make other related changes. The bill
would exempt
historic buildings, as
defined, from
these provisions.
ATTACHMENT 2
LRA Legislation Factshee
t
Senate Bill
No.
63 C
HAPTER
382
An act to amend
Sections 51177,
51178, 51178.5,
51182,
and
51189
of the
Government Code
, to
amend Section 13108.5 of the Health and Safety Code
, and to amend Sections 4124.5 and 4291 of,
and to add and repeal Sections 4123.8, 4291.5, and
4291.6 of, the Public Resources Code, relating to
fire prevention.
[Approved by Governor September 28, 2021. Filed wit
h Secretary of State September 28, 2021.]
SB 63
, Stern. Fire prevention: vegetation management: pu
blic education: grants: defensible space:
fire hazard severity zones.
(1)
Existing law requires the Director of Forestry and
Fire Protection to identify areas of the state as
very high fire hazard severity zones based on speci
fied criteria. Existing law requires a local
agency, within 30 days after receiving a transmitta
l from t
he director that identifies very high
fire hazard severity zones, to make the information
available for public review, as provided.
This bill, among other things, would also require t
he director to identify areas of the state as
moderate and high fire hazard severity zones. The b
ill would modify the factors the director is
required to use to identify areas into fire hazard
severity zon
es, as provided. The bill would
require a local agency to make this information ava
ilable for public review and comment, as
provided. By expanding the responsibility of a loca
l agency, the bill would impose a state
-
mandated local program.
This bill would also make conforming changes.
(2)
Existing law requires a person who owns, leases, co
ntrols, operates, or maintains an occupied
dwelling or structure in, upon, or adjoining a moun
tainous area, forest
-
covered land, brush
-
covered land, grass
-
covered land, or land that is covered with flammabl
e material that is within
a very high fire hazard severity zone, as designate
d by a local age
ncy, or a building or structure
in, upon, or adjoining those areas or lands within
a state responsibility area, to maintain a
defensible space of 100 feet from each side and fro
m the front and rear of the structure, as
specified. Existing law authorizes a
greater distance than specified above on the specif
ied land
in a very high fire hazard severity zone. Existing
law specifies that clearance beyond the
property line may only be required if state law, lo
cal ordinance, rule, or regulation includes
certain findings and specifies that clearance on ad
jacent property shall only be conducted
following written consent by the adjacent landowner
.
ATTACHMENT 2
LRA Legislation Factshee
t
Amended by Senate Bill No.63
Government
C
ode
51178
The State Fire Marshal shall identify areas in the
state as moderate, high, and very high fire
hazard severity zones based on consistent statewide
criteria and based on the severity of fire
hazard that is expected to prevail in those areas.
Moderate, high,
and very high fire hazard
severity zones shall be based on fuel loading, slop
e, fire weather, and other relevant factors
including areas where winds have been identified by
the Office of the State Fire Marshal as a
major cause of wildfire spread.
(Amended by Stats. 2021, Ch. 382, Sec. 2.5. (SB 63)
Effective January 1, 2022.)
G
overnment Code
51178.5
Within 30 days after receiving a transmittal from t
he State Fire Marshal that identifies fire
hazard severity zones pursuant to Section 51178, a
local agency shall make the information
available for public review and comment. The inform
ation shall be presented in a format that is
understandable and accessible to the general public
, including, but not limited to, maps.
(Amended by Stats. 2021, Ch. 382, Sec. 3.5. (SB 63)
Effective January 1, 2022.)
ATTACHMENT 2
LRA Legislation Factshee
t
Assembly Bill No. 211
CHAPTER 574
An act to amend Sections 11891, 11893, 12581, 12996
, 12998, 12999.4, and 12999.5 of, and to add
Sections 12999.6 and 13001 to, the Food and Agricul
tural Code,
to amend Section 51179 of the
Government Code
, to amend Sections 44274.10, 44274.11, 44274.12, 4
4274.13, and 44274.14 of
the Health and Safety Code, to amend Sections 3113,
4799.05, 14503.5.1, 14538, 14549.2, 14581,
42052, and 42060 of, to add Sections 14537.5, 14548
, 14555, and 21166.3 to, to add Pa
rt 5
(commencing with Section 75250) to Division 44 of,
and to repeal Section 75250.1 of, the Public
Resources Code, to amend Section 43152.6 of, and to
amend and repeal Section 43152.10 of, the
Revenue and Taxation Code, to amend Section 13198 o
f the Water Code, to amend the Budget Act of
2021 (Chapters 21
, 69, and 240 of the Statutes of 2021) by amending
Item 8570
-
002
-
0001 of Section
2.00 of that act, and to amend the Budget Act of 20
21 (Chapter 44 of the Statutes of 2022) by
amending Items 3540
-
101
-
0001 of Section 2.00 of that act, relating to publi
c resources, and making an
appropriation therefor, to take effect immediately,
bill related to the budget.
[Approved by Governor September 27, 2022. Filed wit
h Secretary of State September 27, 2022.]
AB 211
, Committee on Budget. Public resources trailer bil
l.
(2)
Existing law requires the State Fire Marshal to ide
ntify areas of the state as moderate, high,
and very high fire hazard severity zones based on s
pecified criteria. Existing law requires a local
agency to designate, by ordinance, very high fire h
azard severity zones in its jurisdiction within
120 days of receiving recommendations from the Stat
e Fire
Marshal. Existing law authorizes a
local agency, at its discretion, to include areas w
ithin the jurisdiction of the local agency, not
identified as very high fire hazard severity zones
by the State Fire Marshal, as very high fire
hazard severity zones fol
lowing a finding supported by substantial evidence,
as provided.
This bill would additionally require a local agency
to designate, by ordinance, moderate and
high fire hazard severity zones within 120 days of
receiving recommendations from the State
Fire Marshal. By expanding the responsibility of a
local agency, the bill would impose a state
-
mandated local program. The bill would additionally
authorize a local agency, at its discretion,
to include areas within the jurisdiction of the loc
al agency, not identified as moderate and high
fire hazard severity zones by the State Fire Marsha
l, as moderate and high fire hazard severity
zones, respectively.
The bill would prohibit the local agency from decre
asing the level of fire
hazard severity zone as identified by the State Fir
e Marshal for any area within the jurisdiction
of the local agency, as provided.
ATTACHMENT 2
LRA Legislation Factshee
t
Amended by
Assembly Bill No. 211
Government Code
51179
(a)
A local agency shall designate, by ordinance, moder
ate, high, and very high fire hazard
severity zones in its jurisdiction within 120 days
of receiving recommendations from the
State Fire Marshal pursuant to Section 51178.
(b)
(1) A local agency may, at its discretion, include
areas within the jurisdiction of the local
agency, not identified as very high fire hazard sev
erity zones by the State Fire Marshal, as
very high fire hazard severity zones following a fi
nding supported by substantial evidence in
the record that the requirements of Section 51182 a
re necessary for
effective fire protection
within the area.
(2)
A local agency may, at its discretion, include area
s within the jurisdiction of the local
agency, not identified as moderate and high fire ha
zard severity zones by the State Fire
Marshal, as moderate and high fire hazard
severity zones, respectively.
(3)
A local agency shall not decrease the level of fire
hazard severity zone as identified by
the
State Fire Marshal for any area within the jurisdic
tion of the local agency, and, in
exercising its discretion pursuant to paragraph (2)
, may only increase the level of fire
hazard severity zone as identified by the State Fir
e Marshal for any area within t
he
jurisdiction of the local agency.
(c)
The local agency shall transmit a copy of an ordina
nce adopted pursuant to
subdivision (a)
to the State Board of Forestry and Fire Protection
within 30 days of adoption.
(d)
Changes made by a local agency to the recommendatio
ns made by the State Fire Marshal
shall be final and shall not be rebuttable by the S
tate Fire Marshal.
(e)
The State Fire Marshal shall prepare and adopt a mo
del ordinance that provides for the
establishment of very high fire hazard severity zon
es.
(f)
Any ordinance adopted by a local agency pursuant to
this section that substantially
conforms
to the model ordinance of the State Fire Marshal sh
all be presumed to be in
compliance with the requirements of this section.
(g)
A local agency shall post a notice at the office of
the county recorder, county assessor, and
county planning agency identifying the location of
the map provided by the State Fire
Marshal pursuant to Section 51178. If the agency am
ends the map, pursuant to subdivision
(b) or (c) of this section, the notice shall instea
d identify the location of the
amended map.
(Amended by Stats. 2022, Ch. 574, Sec. 10. (AB 211)
Effective September 27, 2022.)
ATTACHMENT 2
LRA Legislation Factshee
t
Increasing Fire Hazard Severity Zone (FHSZ)
Area and Designation
Government Code section 51179
requires a local agency to designate, by ordinance,
moderate,
high, and very high FHSZ within 120 days of receivi
ng the identified FHSZ’s from the State Fire Marsha
l
pursuant to Section 51178.
The law does not allow for a local jurisdiction to
request changes or provide comments to the
State Fire Marshal on the FHSZ designations. Howeve
r, a local agency may choose to increase
the designation of a FHSZ from the FHSZ identified
by the State Fire Marshal, or designate
areas as having a FHSZ that were not designated in
a FHSZ by the State Fire Marshal. This may
occur because FHSZ zone edges in the maps and data
from the State Fire Marshal are not
aligned with parcel boundaries or roads that some m
ay consider for lines of convenance when
adopting ordinances. A local agency is not allowed
to reduce the designation of a FHSZ
classification from the State Fire Marshal (i.e. a
local agency cannot make an area designated
as High by the State Fire Marshal, Moderate in its
adopted ordinance).
However, a local jurisdiction can increase the desi
gnation from the one identified by the State
Fire Marshal. If a local agency decides to increase
the designation of a FHSZ, it may do so if it
does the following:
1. If increasing the designation to Very High, a lo
cal agency must make a finding supported by
substantial evidence in the record that the require
ments of Government Code section 51182 are
necessary for effective fire protection.
2. If increasing the designation to Moderate or Hig
h, a local agency may do this at its
discretion.
If a local agency decides to include areas in its F
HSZ adopted ordinance not identified as being
in a FHSZ by the State Fire Marshal, it may include
those areas if it does the following:
1. If including areas not identified as being in a
FHSZ and designating it as Very High, a local
agency must make a finding supported by substantial
evidence in the record that the
requirements of Government Code section 51182 are n
ecessary for effective fire protection.
2. If including areas not identified as being in a
FHSZ and designating it as Moderate or High, a
local agency may do this at its discretion.
ATTACHMENT 2
LRA Legislation Factshee
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ATTACHMENT 2
ATTACHMENT 2