S 762 ISCommentsClose CommentsPermalink

To promote fire safe communities and for other purposes.CommentsClose CommentsPermalink

April 1, 2009CommentsClose CommentsPermalink

Mrs. FEINSTEIN introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink

To promote fire safe communities and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Fire Safe Communities Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) FIRE HAZARD AREA- The term ‘fire hazard area’ means an area at significant risk from wildland fire as determined by--CommentsClose CommentsPermalink





(A) the applicable State forestry agency or equivalent State agency; orCommentsClose CommentsPermalink





(B) the Under Secretary.CommentsClose CommentsPermalink





(2) FIRE SAFE COMMUNITY- The term ‘fire safe community’ means--CommentsClose CommentsPermalink





(A) a subdivision of a State that has adopted a national wildland fire code, standard, or ordinance; orCommentsClose CommentsPermalink





(B) a municipality at risk that has adopted local ordinances that--CommentsClose CommentsPermalink





(i) are consistent with more than one of the elements set out in paragraph (4)(C)(ii); andCommentsClose CommentsPermalink





(ii) the Under Secretary determines provide generally accepted levels of fire protection.CommentsClose CommentsPermalink





(3) MUNICIPALITY AT RISK- The term ‘municipality at risk’ means a subdivision of a State that is located in, or contains, a fire hazard area.CommentsClose CommentsPermalink





(4) NATIONAL WILDLAND FIRE CODE, STANDARD, OR ORDINANCE- The term ‘national wildland fire code, standard, or ordinance’ means--CommentsClose CommentsPermalink





(A) the most recent publication of National Fire Protection Association code number 1141, 1142, or 1144;CommentsClose CommentsPermalink





(B) the most recent publication of the International Wildland-Urban Interface Code of the International Code Council; orCommentsClose CommentsPermalink





(C) any other code which--CommentsClose CommentsPermalink





(i) the Under Secretary determines provides the same, or better, standards for protection against wildland fire as a code described in subparagraph (A) or (B); andCommentsClose CommentsPermalink





(ii) may include--CommentsClose CommentsPermalink





(I) specifications for construction materials and techniques for use in municipalities at risk;CommentsClose CommentsPermalink





(II) guidelines for the placement of utilities, defensible space, and vegetation management;CommentsClose CommentsPermalink





(III) enforcement mechanisms for compliance with defensible space requirements;CommentsClose CommentsPermalink





(IV) zoning and site design standards for new residential construction, including the width and placement of surrounding fuel breaks and description of unsafe areas to locate new homes, such as the top of highly dangerous canyons that funnel wildfire heat;CommentsClose CommentsPermalink





(V) specifications for water supplies for firefighting;CommentsClose CommentsPermalink





(VI) requirements for adequate firefighting protection, including requirements for fire stations and equipment;CommentsClose CommentsPermalink





(VII) guidelines for the participation of fire professionals in the development of local fire protection models;CommentsClose CommentsPermalink





(VIII) standards for the protection of roads and bridges;CommentsClose CommentsPermalink





(IX) standards for the egress capacities of roads and bridges;CommentsClose CommentsPermalink





(X) guidelines for the marking of buildings and homes; andCommentsClose CommentsPermalink





(XI) requirements for the replacement of combustible roofing material on existing homes.CommentsClose CommentsPermalink





(5) UNDER SECRETARY- The term ‘Under Secretary’ means the Under Secretary for Federal Emergency Management of the Department of Homeland Security.CommentsClose CommentsPermalink

SEC. 3. ADDITIONAL FIRE MANAGEMENT ASSISTANCE GRANTS FOR FIRE SAFE COMMUNITIES.

(a) In General- The Under Secretary may reduce the amount of the share of non-Federal funds required by the Fire Management Assistance Grant Program to 10 percent of the grant amount for a municipality at risk if such municipality has adopted a--CommentsClose CommentsPermalink





(1) national wildland fire code, standard, or ordinance; orCommentsClose CommentsPermalink





(2) local ordinance, standard, or code that requires the retrofit of existing construction that provides for increased protection for the municipality from the threat of wildfire, such as a requirement to replace combustible roofing material used in existing structures.CommentsClose CommentsPermalink





(b) Rulemaking- Not later than 1 year after the date of the enactment of this Act, the Under Secretary shall publish in the Federal Register a final rule that includes a definition of the term ‘local ordinance, standard, or code that requires the retrofit of existing construction that provides for increased protection for the municipality from the threat of wildfire’ as used in subsection (a)(2).CommentsClose CommentsPermalink





(c) Fire Management Assistance Grant Program Defined- In this section, the term ‘Fire Management Assistance Grant Program’ means the fire management assistance grant program carried out pursuant to section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187).CommentsClose CommentsPermalink

SEC. 4. GRANTS FOR RESPONSIBLE DEVELOPMENT.

(a) In General- Subject to the availability of funds for this purpose, the Under Secretary shall award grants to municipalities at risk--CommentsClose CommentsPermalink





(1) to encourage responsible development in such municipalities;CommentsClose CommentsPermalink





(2) to mitigate the catastrophic effects of fires; andCommentsClose CommentsPermalink





(3) to encourage the retrofit of existing wildfire-prone structures.CommentsClose CommentsPermalink





(b) Use of Funds- Grants awarded under this section may be used as follows:CommentsClose CommentsPermalink





(1) To enforce requirements related to hazardous fuel reduction or brush clearing requirements on private land.CommentsClose CommentsPermalink





(2) To enforce requirements related to residential construction or the code-inspection of new and existing construction with respect to wildland fire.CommentsClose CommentsPermalink





(3) To award subgrants to be used for the replacement of combustible roofs with roofs made of non-combustible roofing material, or for enclosing eaves according to the standards recommended.CommentsClose CommentsPermalink





(4) To carry out programs to educate community planners and zoning officials on historic wildfire patterns and fire-resistant community planning.CommentsClose CommentsPermalink





(c) Maximum Grant Amount- The amount of a grant awarded under this section may not exceed $1,000,000.CommentsClose CommentsPermalink





(d) Applications-CommentsClose CommentsPermalink





(1) IN GENERAL- An application for a grant under this section shall be made at such time and in such manner as the Under Secretary shall require.CommentsClose CommentsPermalink





(2) MATCHING REQUIREMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (B), the Under Secretary shall require that a person awarded a grant under this section for a purpose described in subsection (a) provide non-Federal funds in an amount equal to 25 percent of the amount of such grant for such purpose.CommentsClose CommentsPermalink





(B) WAIVER- The Under Secretary may waive the requirement of subparagraph (A) in extraordinary circumstances.CommentsClose CommentsPermalink





(3) REVIEW- Applications for grants under this section shall be reviewed by a panel of individuals who--CommentsClose CommentsPermalink





(A)(i) are fire protection experts; orCommentsClose CommentsPermalink





(ii) have significant expertise in fire management, fire policy, community planning, or issues related to a fire hazard area; andCommentsClose CommentsPermalink





(B) are appointed by the Under Secretary.CommentsClose CommentsPermalink





(4) PRIORITY- The panel under paragraph (3) shall give priority to the application for a grant under this section of a municipality at risk that has adopted an ordinance that requires the mandatory replacement of combustible roofing materials on existing structures.CommentsClose CommentsPermalink





(e) Availability of Funds- A grant awarded under this section shall be expended not later than 3 years after the date the grant is awarded.CommentsClose CommentsPermalink





(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2009 and each fiscal year thereafter.CommentsClose CommentsPermalink

SEC. 5. FOREST SERVICE AND DEPARTMENT OF THE INTERIOR GRANTS.

Section 10A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106c) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink





(i) by inserting ‘and the Secretary of the Interior’ after ‘The Secretary’; andCommentsClose CommentsPermalink





(ii) by striking ‘State foresters and equivalent State officials’ and inserting ‘State foresters, equivalent State officials, and local officials’;CommentsClose CommentsPermalink





(B) in paragraph (3)--CommentsClose CommentsPermalink





(i) by striking ‘trees and forests’ and inserting ‘trees, forests, and rangelands’; andCommentsClose CommentsPermalink





(ii) by inserting ‘and rangeland’ after ‘overall forest’; andCommentsClose CommentsPermalink





(C) in paragraph (4)--CommentsClose CommentsPermalink





(i) by inserting ‘and rangeland’ after ‘all forest’; andCommentsClose CommentsPermalink





(ii) by inserting ‘and other vegetation’ after ‘forest cover’;CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in subparagraph (C), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(ii) in subparagraph (D), by striking ‘wildfires.’ and inserting ‘wildfires; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(E) to enhance the capacity of local governments to integrate fire-resistant community and home design into local planning, zoning, building codes, property maintenance codes, and brush clearing ordinances.’;CommentsClose CommentsPermalink





(B) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink





‘(2) ADMINISTRATION AND IMPLEMENTATION- The Program shall be--CommentsClose CommentsPermalink





‘(A) administered by the Chief of the Forest Service and the Secretary of the Interior; andCommentsClose CommentsPermalink





‘(B) implemented through State foresters or equivalent State officials.’;CommentsClose CommentsPermalink





(C) in paragraph (3)--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A), by striking ‘Secretary,’ and inserting ‘Secretary and the Secretary of the Interior,’;CommentsClose CommentsPermalink





(ii) by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively; andCommentsClose CommentsPermalink





(iii) by inserting after subparagraph (E) the following:CommentsClose CommentsPermalink





‘(F) programs to build the capacity of local governments to design and maintain fire-resistant communities;’;CommentsClose CommentsPermalink





(D) in paragraph (4), by inserting ‘or the Secretary of the Interior’ after ‘by the Secretary’; andCommentsClose CommentsPermalink





(E) in paragraph (5), by inserting ‘and the Secretary of the Interior’ after ‘The Secretary’;CommentsClose CommentsPermalink





(3) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;CommentsClose CommentsPermalink





(4) by inserting after subsection (b), the following new subsection (c):CommentsClose CommentsPermalink





‘(c) Pilot Program for Fire Safe Communities To Coordinate Across Jurisdictional Boundaries-CommentsClose CommentsPermalink





‘(1) AUTHORITY- The Secretary and the Secretary of the Interior may carry out a pilot program to assess the feasibility and advisability of awarding grants to fire safe communities located near Federal land to assist in Federal efforts to prevent and manage fires.CommentsClose CommentsPermalink





‘(2) USE OF GRANT FUNDS- A grant awarded under the pilot program may be used as follows:CommentsClose CommentsPermalink





‘(A) To implement or enforce local ordinances consistent with a nationally recognized wildland fire code, standard, or ordinance.CommentsClose CommentsPermalink





‘(B) To complete cooperative fire agreements that articulate the roles and responsibilities for Federal, State, and local government entities in local wildfire suppression and protection.CommentsClose CommentsPermalink





‘(C) To develop or implement community wildfire protection plans to better focus resources to address priority areas for hazardous fuels reduction projects.CommentsClose CommentsPermalink





‘(D) To expand education programs to raise the awareness of homeowners and citizens of wildland fire protection practices.CommentsClose CommentsPermalink





‘(E) To implement training programs for firefighters on wildland firefighting techniques and mitigation strategies.CommentsClose CommentsPermalink





‘(F) To acquire equipment to facilitate wildland fire preparedness and mitigation.CommentsClose CommentsPermalink





‘(3) MATCHING REQUIREMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraph (B), a person awarded a grant under the pilot program to assist in Federal efforts to prevent and manage fires shall provide non-Federal funds in an amount equal to 25 percent of the amount of such grant for such purpose.CommentsClose CommentsPermalink





‘(B) WAIVER- The Secretary or the Secretary of the Interior may waive the requirements of subparagraph (A) in extraordinary circumstances.CommentsClose CommentsPermalink





‘(4) FIRE SAFE COMMUNITY DEFINED- In this subsection, the term ‘fire safe community’ has the meaning given that term in section 2 of the Fire Safe Communities Act of 2009.’;CommentsClose CommentsPermalink





(5) in subsection (d), as redesignated by paragraph (3), by inserting ‘and the Secretary of the Interior’ after ‘section, the Secretary’; andCommentsClose CommentsPermalink





(6) in subsection (e), as redesignated by paragraph (3)--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by striking ‘to the Secretary’;CommentsClose CommentsPermalink





(B) in paragraph (1), by striking ‘and’ at the end; andCommentsClose CommentsPermalink





(C) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(2) to the Secretary--CommentsClose CommentsPermalink





‘(A) $35,000,000 for each of fiscal years 2009 through 2013; andCommentsClose CommentsPermalink





‘(B) such sums as are necessary for each fiscal year thereafter; andCommentsClose CommentsPermalink





‘(3) to the Secretary of the Interior--CommentsClose CommentsPermalink





‘(A) $15,000,000 for each of fiscal years 2009 through 2013; andCommentsClose CommentsPermalink





‘(B) such sums as are necessary for each fiscal year thereafter.’.CommentsClose CommentsPermalink