Environment (Forestry)

Existing law establishes the Department of Toxic Substances Control, which regulates the handling and management of hazardous waste and hazardous materials, and establishes the Office of Environmental Health Hazard Assessment and the State Air Resources Board. Existing federal law sets action levels for lead in dust and emission standards for asbestos, and existing state law sets workplace standards for asbestos. Existing law authorizes local health officers to take specified actions to protect public health and establishes procedures for the remediation of certain contaminated properties. This bill would require the Department of Toxic Substances Control, in consultation with the Office of Environmental Health Hazard Assessment and other relevant coordinating agencies, on or before December 31, 2028, to develop and adopt regulations pertaining to lead and asbestos testing, remediation, and restoration after a wildfire and, on or before December 31, 2029, to develop and publish guidance pertaining to specified other contaminants, as provided. The bill would require the State Air Resources Board, on or before December 31, 2028, to develop and publish guidance on indoor air contaminants following residential smoke damage from a wildfire, as provided. The bill would provide that, until the adoption of the regulations and guidance, specified lead and asbestos standards shall apply for wildfire-caused lead and asbestos remediation, as provided. The bill would require the department, in collaboration with the State Department of Education and other relevant state agencies, no later than July 1, 2028, to develop advisory, nonregulatory guidance for schools after a wildfire, as provided. The bill would exempt the regulations and guidance from the Administrative Procedure Act. The bill would become operative only if AB 1795 of the 2025–26 Regular Session is enacted and takes effect on or before January 1, 2027.​​​​​​​​​​​​​​​​​​​​​​​​​

Existing law, the California Emergency Services Act, authorizes the Governor to declare a state of emergency during conditions of disaster or extreme peril to persons or property. Existing law authorizes the Governor, during a state of emergency, to suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency, if the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. Under the authority of the California Emergency Services Act, on March 1, 2025, Governor Gavin Newsom issued a proclamation of a state of emergency that suspends applicable state statutes, rules, regulations, and requirements that fall within the jurisdiction of boards, departments, and offices within the California Environmental Protection Agency or the Natural Resources Agency to the extent necessary for expediting critical fuels reduction projects, as provided. The proclamation requires an individual or entity desiring to conduct a critical fuels reduction project to request the secretary of the appropriate agency to make a determination that the proposed project is eligible for the suspension and requires the California Environmental Protection Agency and the Natural Resources Agency to maintain on their respective internet website a list of all suspensions approved. This bill would, on or before January 31, 2026, require the California Environmental Protection Agency and the Natural Resources Agency to each report to the Legislature information on the implementation of the above-described proclamation of emergency, as provided. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements certain projects. This bill would, until January 1, 2028, exempt from CEQA critical fuels reduction projects conducted in communities located in very high fire hazard severity zones, as provided. The bill would require the lead agency to hold a noticed public meeting to hear and respond to public comments before determining that a project is exempt and would require the lead agency to provide notice of the public meeting on its internet website at least 30 days before the public meeting. The bill would require the lead agency, if it determines that a project is not subject to CEQA and approves or carries out that project, to file a notice of exemption with the Office of Land Use and Climate Innovation and with the clerk of the county in which the project will be located. Because a lead agency would be required to determine whether a project qualifies for this exemption, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law establishes the California Conservation Corps in the Natural Resources Agency and requires the corps to implement and administer the conservation corps program. Existing law authorizes the Director of the California Conservation Corps to establish various training and educational program, including, among others, the Education and Employment Reentry Program, within the corps, to provide education and training to formerly incarcerated individuals who successfully served on a California Conservation Camp program crew. This bill would require the Department of Forestry and Fire Protection and the Department of Corrections and Rehabilitation to jointly evaluate the Ventura Training Center and would require the evaluation to include specified components, including, among others, an evaluation of ways to increase the rate of graduated trainees entering the firefighter workforce. The bill would require the departments to submit a report describing the evaluation to certain legislative committees by January 1, 2026, and would repeal these provisions on January 1, 2030. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law prohibits unlawfully causing a fire by recklessly setting fire to, burning, or causing to be burned, any structure, forest land, or property. A violation of this prohibition that causes great bodily injury, that causes an inhabited structure or property to burn, or that causes a fire of a structure or forest land is punishable either as a felony or a misdemeanor. This bill would make the above-described violations punishable only as a felony including a fine not to exceed $10,000. By increasing the punishment of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law prohibits any person, except as specified, from using or operating any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels, in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools, as prescribed. Existing law requires a sealed box of tools, containing specified items, including one backpack pump-type fire extinguisher filled with water, to be located within the operating area and accessible in the event of a fire. This bill would instead require a dedicated set of tools, as specified, including a sufficient number of fire extinguishers, to be located within the operating area and accessible in the event of a fire, so that, when added to any other tools on the industrial operation, each employee at the operation can be equipped to fight fire. The bill would make other nonsubstantive changes to these provisions.

The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to adopt regulations for greenhouse gas emissions limits and emissions reduction measures to achieve the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions in furtherance of achieving the statewide greenhouse gas emissions limit, as defined. The act authorizes the state board to revise regulations or adopt additional regulations to further the act. The act authorizes that state board to include in those regulations the use of a market-based compliance mechanism to comply with those regulations. Existing law requires the state board, in regulations implementing the market-based compliance mechanism to, among other things, establish limits on the use of offset credits as a means for a covered entity to meet its compliance obligations. Existing law requires moneys collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and continuously appropriates a portion of the moneys in the fund for various purposes. This bill would state the intent of the Legislature to direct specific percentages of the revenues deposited into the Greenhouse Gas Reduction Fund to individual funds dedicated to funding clean transportation, housing and community investment, clean air and water, wildfire prevention and resilience, agriculture, clean energy, and climate-focused innovation. The bill would make the continuous appropriations from the fund inoperative on July 1, 2026. The bill would, beginning with the 2026–27 fiscal year, allocate moneys in the fund in a specified priority and would continuously appropriate a certain amount of moneys in the fund for certain purposes. This bill would require the state board, no later than December 31, 2026, to conduct a study and report to the Legislature evaluating and making recommendations on the use of offsets. The bill would require the state board, no later than January 1, 2029, to update all existing compliance offset protocols to reflect the best available science. The bill would require the state board, no later than January 1, 2034, and every 5 years thereafter, to evaluate all compliance offset protocols and to consider whether updates are necessary to ensure the protocols reflect the best available science. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes in the Natural Resources Agency the Department of Forestry and Fire Protection, and requires the department to be responsible for, among other things, fire protection and prevention, as provided. Existing law describes state responsibility areas as areas of the state in which the financial responsibility of preventing and suppressing fires has been determined by the State Board of Forestry and Fire Protection to be primarily the responsibility of the department. Existing law requires the State Fire Marshal to classify lands within state responsibility areas into fire hazard severity zones and, by regulation, designate fire hazard severity zones and assign to each zone a rating reflecting the degree of severity of fire hazard that is expected to prevail in the zone, as provided. Existing law also requires the State Fire Marshal to identify areas of the state that are local responsibility areas where a local government or district is responsible for fire protection as moderate, high, and very high fire hazard severity zones based on specified criteria. Existing law requires a local agency to designate, by ordinance, fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal, as described above. This bill would, on or before January 1, 2028, and every 2 years thereafter, require the department or a local entity to conduct an assessment, as provided, of all undeveloped public lands for which it is primarily responsible for preventing and suppressing fires to ensure that the public land is not a severe fire hazard. The bill would require this assessment to be posted on the department's and local entity's internet website and would require a local entity conducting the assessment to submit its assessment to the department. The bill would require all of these lands, on or before January 1, 2028, to have 200-foot firebreaks on all borders with private property. This bill would, when the state or a local government acquires private undeveloped land, require the department or a local entity that is primarily responsible for preventing and suppressing fires on that land to create a plan on how the land will be managed with regard to fire prevention, and to report the cost of keeping the land managed. The bill would require the department and the local entity to post this information on its respective internet website and would require a local entity preparing this information to submit it to the department. To the extent that this bill would impose new duties on local government agencies, the bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires that a person who is convicted of felony arson, in addition to the term of imprisonment for the felony, be punished by a 3-, 4-, or 5-year enhancement if one or more of any specified circumstances is found to be true, including that the defendant caused multiple structures to burn in a single violation. This bill would additionally authorize the 3-, 4-, or 5-year enhancement for a person who proximately causes 500 or more acres of forest land to burn. By expanding the scope of the enhancement, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law establishes the State Department of Public Health and sets forth its powers and duties pertaining to, among other things, protecting, preserving, and advancing public health. Existing law requires the department, in consultation with specified stakeholders, to develop a plan, addressing specified issues, with recommendations and guidelines for counties to use in the case of a significant air quality event caused by wildfires or other sources. This bill, the Wildfire Smoke and Health Outcomes Data Act, would require the State Department of Public Health, in consultation with the Department of Forestry and Fire Protection and the Wildfire and Forest Resilience Task Force, to create, operate, and maintain a statewide integrated wildfire smoke and health data platform on or before July 1, 2028, that, among other things, would integrate wildfire smoke and health data from multiple databases. Under the bill, the purposes for the data platform would include providing adequate information to understand the negative health impacts on California's population caused by wildfire smoke and evaluating the effectiveness of investments in forest health and wildfire mitigation on health outcomes in California. This bill would require the State Department of Public Health, in consultation with the Department of Forestry and Fire Protection and the Wildfire and Forest Resilience Task Force, to develop, among other things, protocols for data sharing, documentation, quality control, and promotion of open-source platforms and decision support tools related to wildfire smoke and health data. This bill would authorize the State Department of Public Health, the Department of Forestry and Fire Protection, and the Wildfire and Forest Resilience Task Force, where appropriate, to utilize data from existing sources, including open source data and other external data, for purposes of implementing the act. This bill would create the Wildfire Smoke and Health Administration Fund. Under the bill, moneys in the fund would be available, upon appropriation by the Legislature, to the State Department of Public Health, the Department of Forestry and Fire Protection, and the Wildfire and Forest Resilience Task Force for the collection, management, and improvement of wildfire smoke and health data for the purposes of the act. The bill would specify that these provisions do not change existing law with respect to the jurisdiction of the public entities involved. The bill would make related findings and declarations.

Existing law establishes the Department of Forestry and Fire Protection in the Natural Resources Agency. Existing law requires the department to be responsible for specified activities, including maintaining an integrated staff to accomplish fire protection, fire prevention, pest control, and forest and range protection and enhancement activities, as needed. This bill would require the department to reach full staffing levels, as defined, on or before January 1, 2028, and to maintain full staffing levels throughout the calendar year at all fire stations and facilities under its jurisdiction. The bill would require the department to implement staffing requirements on a schedule, as specified. The bill would require the department to report annually to the Legislature on, among other things, progress toward implementation of year-round staffing requirements. The bill would require the Legislature to appropriate in the annual Budget Act or another statute sufficient moneys to implement these provisions.