AMENDED IN SENATE JUNE 12, 2024

AMENDED IN ASSEMBLY MAY 20, 2024

AMENDED IN ASSEMBLY MARCH 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

95

Introduced by Assembly Members Rodriguez and Calderon

February 16, 2024

An act to amend Section 8654.4 of, and to add Section 8654.91 to, the Government Code, relating to fire safety.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law, the Joint Exercise of Powers Act, authorizes 2 or more public agencies, if authorized by their legislative or other governing bodies, to enter into an agreement to jointly exercise any power common to the contracting parties, as provided. That act requires, among other things, that the agreement state the purpose of agreement or power to be exercised and provide for the method by which the purpose will be accomplished or the manner in which the power will be exercised.

Existing law, operative until July 1, 2025, requires the Office of Emergency Services to enter into a joint powers agreement with the Department of Forestry and Fire Protection to develop and administer a comprehensive wildfire mitigation program to, among other things, encourage cost-effective structure hardening and retrofitting to create fire-resistant homes, businesses, and public buildings. That law requires the joint powers authority to develop eligibility criteria for property owners, community organizations, and local governments that may receive financial assistance under the wildfire mitigation program.

This bill would require, on or before July 1, 2025, the Department of Insurance to be added to the California Wildfire Mitigation Program Board created pursuant to the joint powers agreement. The bill would also require this joint powers authority, when reviewing projects or proposals, to assess the extent to which the project or proposal would increase the availability of insurance policies covering damage from fire, as specified.

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

SECTION 1.

Section 8654.4 of the Government Code is amended to read:

8654.4.

(a) The Office of Emergency Services shall enter into a joint powers agreement, in accordance with the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1) and this article, with the Department of Forestry and Fire Protection to develop and administer a comprehensive wildfire mitigation program to do both of the following:

(1) Encourage cost-effective structure hardening and retrofitting that creates fire-resistant homes, businesses, and public buildings.

(2) Facilitate vegetation management, the creation and maintenance of defensible space, and other fuel modification activities that provide neighborhood or communitywide benefits against wildfire.

(b) The Department of Forestry and Fire Protection shall delegate its duties and responsibilities for this program to the Office of the State Fire Marshal.

(c) On or before July 1, 2025, the Department of Insurance shall be added to the California Wildfire Mitigation Program Board created pursuant to the joint powers agreement described in subdivision (a).

SEC. 2.

Section 8654.91 is added to the Government Code, immediately following Section 8654.9, to read:

8654.91.

The joint powers authority shall, when reviewing projects or proposals, assess the extent to which the project or proposal would increase the availability of insurance policies covering damage from fire. The assessment shall include all of the following information:

(a) The extent to which the project or proposal could result in a community-level designation, such as a Fire Risk Reduction Community by the State Board of Forestry and Fire Protection or a Firewise USA site in good standing with the National Fire Protection Association.

(b) The extent to which property-level mitigation measures in the project or proposal for immediate surroundings and building hardening could satisfy wildfire mitigation factors described in Section 2644.9 of Title 10 of the California Code of Regulations.

(c) The extent to which the project or proposal could result in homes being designated as a Wildfire Prepared Home Base or Wildfire Prepared Home Plus by the Insurance Institute for Business and Home Safety.

(d) The extent to which the project or proposal would impact commercial insurance policies.