Environment
Covered wildfire mitigation projects: consolidated and expedited review
SB 1370 creates fast-track state review and a new permitting pathway for eligible wildfire-risk-reduction projects.
The law consolidates eligible projects’ state environmental and resource reviews while requiring compliance with statewide environmental safeguards, local rules, and applicable federal requirements. It also directs a separate certified regulatory program for nontimber vegetation management.
What the law does
- Lets applicants submit one consolidated application for eligible tree removal, fuel breaks, defensible space, roadside vegetation work, utility-line clearance, prescribed or cultural fire, and other listed wildfire-mitigation projects.
- Requires the California Natural Resources Agency and California Environmental Protection Agency to decide complete applications within 60 days, unless both sides agree to extend the deadline.
- Allows a written expedited authorization to replace or waive specified state requirements within those agencies’ jurisdiction, but not federal-water-law permits, Water Code requirements, local rules, timber-operation rules, or protections requiring endangered-species incidental-take permits.
- Exempts authorized covered projects from CEQA while requiring compliance with the Statewide Fuels Reduction Environmental Protection Plan and project-specific best management practices.
- Requires public online posting and at least 20 days for written comments before approval, and allows added protections where needed.
- Caps specified project sizes, generally requires completion within two years or within five years for prescribed-fire projects, and authorizes penalties up to $10,000 per violation of environmental-protection-plan requirements.
- Directs the State Board of Forestry and Fire Protection to establish a certified Nontimber Vegetation Management Program, with emergency regulations due by July 1, 2028 and permanent regulations before July 1, 2030.
Who it affects
- Utilities, public agencies, tribes, resource conservation districts, nonprofits, fire safe councils, land managers, and other eligible entities pursuing qualifying wildfire-mitigation work.
- Landowners and applicants, who must have legal access to project property or the owner’s consent.
- Communities near proposed projects, which receive public notice and an opportunity to submit written comments.
- State resource and environmental agencies reviewing, enforcing, or regulating these projects.
Context
Expedited-authority provisions end January 1, 2029, and the consolidated-review law is repealed January 1, 2034.