Here’s how two recent wildfire executive orders could affect your city
By Melissa Sparks-Kranz, legislative affairs lobbyist, and Brian Hendershot, Cal Cities Advocate managing editor. Additional contributions by Zach Cefalu, legislative affairs analyst
Gov. Gavin Newsom issued a barrage of executive orders earlier this year in response to the devastating January wildfires in Southern California. Some will impact cities outside the region.
In early March, he signed an emergency proclamation ordering cuts to red tape for critical vegetation management projects for the rest of the calendar year.
The proclamation suspends all state laws and regulations under the California Natural Resources Agency and California Environmental Protection Agency for vegetation and tree removal projects, fuel breaks, prescribed fire, and other fuel reduction activities, such as removing dead, highly flammable vegetation. Notably, this order suspends the California Environmental Quality Act and the California Coastal Act.
It’s the type of fast-tracking Cal Cities is advocating for in AB 846 (Connolly). The bill would create a clear way for the California Department of Fish and Wildlife to process vegetation removal and fuel management projects in fire hazard severity zones near urban communities overseen by local governments.
Similar to the Governor’s emergency order, AB 846 is a long-term solution that would ensure environmental laws are upheld while speeding up wildfire preparedness efforts. It’s also the type of tape cutting that the Governor axed in 2024 due to its potential costs to the state.
Cities are encouraged to take advantage of this proclamation to expedite fuel reduction projects and urge policymakers to adopt a more permanent solution that acknowledges the year-round threat now posed by wildfires.
‘Zone zero’ rulemaking end-date in sight
Newsom also directed state officials to adopt long-delayed “Zone 0” draft regulations this year. Originally set to take effect in 2023, these regulations will bar brush, wooden fencing, mulch, and other flammable materials within 5 feet of homes in high-risk areas. Any new developments would need to comply with the regulations immediately. Existing homes would likely have three years to comply.
State officials shared in a recent workshop that the draft regulations will be available on March 21 and the formal rulemaking will start in June. The rules could take effect as early as next year.
Questions remain over who will enforce these regulations and funding. Will local governments be the enforcing agency in their communities? Who will fund these new home hardening requirements and what incentives will be in place to encourage compliance?
The state plans to allocate $50 million in state climate bond funding for defensible space efforts. Officials estimate the program will start later this year after the Governor and Legislature pass the state budget with the funding.
A bill signed last year clarified that Zone 0 rules will apply under all fire weather conditions, as well as new and existing structures. The Board of Forestry will need to integrate Zone 0 rules with Zone 1 rules (5-30 feet from structures) to create a seamless defensible space strategy. The goal is to reduce the likelihood of a flying ember from a wildfire creating a chain conflagration — the cause of most destroyed structures.
State officials say actions like those proposed by Zone 0 can double the chances of a structure surviving a wildfire. Homes with heavy vegetation coverage within ten feet have 115% higher wildfire claim frequency and 272% higher loss ratio than homes with defensible space.
Cal Cities will continue to advocate on behalf of cities to ensure they and their residents are prepared for wildfires. The most effective wildfire preparedness programs are collective efforts from all levels of government, with hardening at the owner, community, and landscape scales.