SB375 - Wildfire prevention activities: Endangered Species Act: California Environmental Quality Act: California Coastal Act of 1973.

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 375 Introduced by Senator Grove February 13, 2025 An act to add Article 3.6 (commencing with Section 2089.01) to Chapter 1.5 of Division 3 of the Fish and Game Code, and to amend Sections 21080 and 30600 of the Public Resources Code, relating to wildfire prevention. LEGISLATIVE COUNSEL'S DIGEST SB 375, as introduced, Grove. Wildfire prevention activities: Endangered Species Act: California Environmental Quality Act: California Coastal Act of 1973. (1) The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife (department) may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. Existing law requires the State Fire Marshal to 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. Existing law requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal, as provided. This bill would authorize a city, county, city and county, special district, or other local agency to submit to the department a wildfire preparedness plan to conduct wildfire preparedness activities on land designated as a fire hazard severity zone, as defined, that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species. The bill would require the wildfire preparedness plan to include, among other things, a brief description of the planned wildfire preparedness activities, the approximate dates for the activities, and a description of the candidate, endangered, and threatened species within the plan area. The bill would require the department, if sufficient information is included in the wildfire preparedness plan for the department to determine if an incidental take permit is required, to notify the local agency within 90 days of receipt of the wildfire preparedness plan if an incidental take permit or other permit is needed, or if there are other considerations, exemptions, or streamlined pathways that the wildfire preparedness activities qualify for, including, but not limited to, the State Board of Forestry and Fire Protection’s California Vegetation Treatment Program. The bill would require the department to provide the local agency, in its notification, with guidance that includes, among other things, a description of the candidate, endangered, and threatened species within the plan area and measures to avoid, minimize, and fully mitigate the take of the candidate, threatened, and endangered species, as provided. The bill would require the department, on or before July 1, 2026, to make a standard wildfire preparedness plan submission form publicly available on its internet website. The bill also would require the department, commencing January 1, 2027, to annually post on its internet website a summary of the wildfire preparedness plans submitted and include specified information in that summary. (2) 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. The California Coastal Act of 1976 (Coastal Act) requires any person wishing to perform or undertake any development in the coastal zone, as defined, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit, as provided. This bill would exempt from the requirements of CEQA a project for the reduction of fuels in areas within moderate, high, and very high fire hazard severity zones, as provided. 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 bill would also exempt those projects from the Coastal Act’s requirement of obtaining a coastal development permit. (3) 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Article 3.6 (commencing with Section 2089.01) is added to Chapter 1.5 of Division 3 of the Fish and Game Code, to read: Article 3.6. Incidental Take Associated with Wildfire Preparedness Activities 2089.01. (a) The Legislature finds and declares the importance of undertaking wildfire preparedness activities to reduce the risk of catastrophic wildfire. It is the intent of the Legislature that this article provides for enhanced consultation and coordination between agencies seeking to implement vegetation management and other wildfire preparedness activities and the department in order to facilitate the subsequent application for and timely approval of any necessary incidental take permits required before undertaking the wildfire preparedness activities. (b) A city, county, city and county, special district, or other local agency may submit to the department a wildfire preparedness plan to conduct wildfire preparedness activities on land designated as a fire hazard severity zone, pursuant to subdivision (a) of Section 51179 of the Government Code or Section 4203 of the Public Resources Code, that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species. (c) A wildfire preparedness plan submitted pursuant to subdivision (b) shall include all of the following: (1) The name and contact information of the participating local agency. (2) A brief description of the planned wildfire preparedness activities, including a description of the lands within the fire hazard severity zone. (3) The approximate dates for which wildfire preparedness activities are proposed to occur. (4) A description of the candidate, endangered, and threatened species within the plan area. (5) (A) A description of how the local agency is compliant with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), and any planned environmental mitigation or conservation measures the local agency plans to take. (B) The planned environmental mitigation or conservation measures pursuant to paragraph (A) shall include, as applicable, measures to avoid, minimize, and fully mitigate the take of candidate, endangered, and threatened species during the practices to be conducted under the wildfire preparedness plan. (d) (1) Within 90 days of receipt of the wildfire preparedness plan, the department shall, if sufficient information is included in the wildfire preparedness plan for the department to determine if an incidental take permit is required, notify the local agency if an incidental take permit or other permit is needed, or if there are other considerations, exemptions, or streamlined pathways that the wildfire preparedness activities qualify for, including, but not limited to, the State Board of Forestry and Fire Protection’s California Vegetation Treatment Program. (2) The department shall provide the local agency with the following guidance, as applicable, in its notification: (A) A description of candidate, endangered, and threatened species within the plan area. (B) Measures to avoid, minimize, and fully mitigate the take of candidate, endangered, and threatened species during practices conducted under the plan. (C) Any additional guidance to facilitate the completion and approval of a local agency’s application to the department for an incidental take permit pursuant to Section 2081. (3) The department shall consult with the State Board of Forestry and Fire Protection and the Department of Forestry and Fire Protection if technical assistance to evaluate a wildfire preparedness plan is needed. (e) On or before July 1, 2026, the department shall make publicly available on its internet website a standard form for a local agency to use when submitting a wildfire preparedness plan pursuant to subdivision (b). (f) (1) If the department determines any activities in a wildfire preparedness plan submitted pursuant to subdivision (b) require an incidental take permit, the department shall approve or deny the incidental take permit consistent with Section 2081 within 45 days of receiving a complete incidental take permit application from the local agency. (2) An incidental take permit approved pursuant to this subdivision shall be for a term of no less than five years and shall be eligible for a permit renewal authorization by the department. (g) Commencing January 1, 2027, the department shall annually post a summary of wildfire preparedness plans submitted pursuant to subdivision (b) on its internet website, including, but not limited to, the status of the wildfire preparedness plans, information regarding which regions of the state the wildfire preparedness plans were received from, the dates when the wildfire preparedness plans were submitted, the number of incidental take permits issued pursuant to this section, and a summary of the other considerations, exemptions, or streamlined pathways local agencies were advised can be used to advance wildfire preparation activities. (h) This section does not preclude the department and a local agency from mutually agreeing to an extension of a timeline described in subdivision (d) or (f). (i) For the purposes of this article, a “wildfire preparedness plan” means a plan designed by a local agency or jurisdiction that meets all of the following criteria: (1) Protects communities from the threat of wildfire through vegetation management practices that, to the maximum extent practicable, avoid and minimize the take of candidate, endangered, and threatened species, while encouraging the enhancement of habitat. (2) Is supported by the best available scientific information for both wildfire preparedness and conservation practices. (3) Is designed to provide sufficient flexibility to maximize participation and to gain the maximum protection of life and property from the threat of wildfire without compromising wildlife benefits. SEC. 2. Section 21080 of the Public Resources Code is amended to read: 21080. (a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division. (b) This division does not apply to any of the following activities: (1) Ministerial projects proposed to be carried out or approved by public agencies. (2) Emergency repairs to public service facilities necessary to maintain service. (3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code. (4) Specific actions necessary to prevent or mitigate an emergency. (5) Projects that a public agency rejects or disapproves. (6) Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph. (7) Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic Games. (8) The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption. (9) All classes of projects designated pursuant to Section 21084. (10) A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, “highway” has the same meaning as defined in Section 360 of the Vehicle Code. (11) A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existi [Text truncated for display. Full text available on Congress.gov.]