Newsom suspends environmental laws to hasten wildfire protections
On March 1, Governor Gavin Newsom signed another Executive Order to help fight wildfires and to reduce the damage they might cause.
The latest proclamation declares a State of Emergency throughout the State due to the threats of more wildfire. As a consequence of this potential threat, Newsom ordered the suspension of the California Environmental Quality Act and the California Coastal Act.
Following the devastating Palisades and Eaton Fires in January and the growing risk of new wildfires, Newsom took this action to accelerate more projects, such a vegetative management and controlled burns, critical to community protection from wildfires.
“This year has already seen some of the most destructive wildfires in California history, and we’re only in March. Building on unprecedented work cutting red tape and making historic investments – we’re taking action with a state of emergency to fast-track critical wildfire projects even more,” Newsom said in his press release. “These are the forest management projects we need to protect our communities most vulnerable to wildfire, and we’re going to get them done.”
CEQA requires local and state agencies to identify and mitigate the environmental impacts of their work. The Coastal Act regulates development along the Pacific coast, which is where the Palisades Fire was located.
Examples of projects, which suspension of these environmental regulations, will expedite include vegetation and tree removal, adding fuel breaks, prescribed fire, and more. It also authorizes non-state agencies to conduct approved fuels reduction work.
This action builds on Newsom’s Feb. 6 Executive Order to improve Community hardening and wildfire mitigation. That order directed the State Board of Forestry to advance implementation of regulations known as “Zone 0.” Now structures located in the State’s highest fire severity zone will be required to create an ember-resistant zone within 5 feet of all structures. In addition, the Governor directed the Office of the State Fire Marshal to release updated Fire Hazard Severity Zone maps. These will add 1.4 million new acres of land into the two higher tiers of fire severity.
The intent is to promulgate Zone 0 regulations this year. They will complement proposals for financial assistance and relief for homeowners included the Governor’s January Budget.
“While it is anticipated that the regulations would apply to new construction upon taking effect, requirements for existing homes would likely be phased in over three years to allow homeowners to prepare and prioritize mitigations and secure financial assistance,” according to the Governor’s Feb. 6 press release.
This is not the first time that Newsom has declared a State of Emergency due to catastrophic wildfires. In 2019, ahead of that fire season, Newsom order his administration to immediately expedite forest management projects. This included 35 priority fuel-reduction projects that the California Department of Forestry and Fire Protection had identified, which could immediately help reduce the public safety risk from wildfire.
