S 2390
110th CONGRESS
1st Session
S. 2390
To promote fire-safe communities and for other purposes.
IN THE SENATE OF THE UNITED STATES
November 16, 2007
Mrs. FEINSTEIN introduced the following bill; which was read twice
and referred to the Committee on Homeland Security and Governmental
Affairs
A BILL
To promote fire-safe communities and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Fire-Safe Communities Act'.
SEC. 2. DEFINITIONS.
(1) APPLICABLE MODEL ORDINANCE- The term `applicable model ordinance'
means either--
(A) the Federal model ordinance required by section 3(a); or
(B) a State model ordinance described in section 3(d).
(2) APPROPRIATE REVIEW PANEL- The term `appropriate review panel'
means a panel of individuals who--
(A)(i) are fire protection experts; or
(ii) have significant expertise in fire management, fire policy,
community planning, or issues related to a fire hazard area; and
(B) are appointed by the Under Secretary.
(3) DIRECTOR- The term `Director' means the Director of the National
Institute of Standards and Technology.
(4) FIRE HAZARD AREA- The term `fire hazard area' means an area at
significant risk from wildland fire as determined by the applicable
State forestry agency or equivalent State agency.
(5) FIRE-SAFE COMMUNITIES- The term `fire-safe community' means--
(A) a subdivision of a State that has adopted local ordinances that
are consistent with each element set out in section 3(b); or
(B) a municipality at risk that has adopted local ordinances that
are consistent with some but not all of the elements set out in
section 3(b), if the Under Secretary determines that local conditions
make the incorporation of such elements impractical or counterproductive
for such municipality.
(6) MUNICIPALITY AT RISK- The term `municipality at risk' means a
subdivision of a State that is located in a fire hazard area.
(7) UNDER SECRETARY- The term `Under Secretary' means the Under Secretary
for Federal Emergency Management of the Department of Homeland Security.
SEC. 3. MODEL ORDINANCES FOR COMMUNITIES IN FIRE HAZARD AREAS.
(a) In General- Not later than 18 months after the date of the enactment
of this Act, the Director shall publish a Federal model ordinance for
municipalities at risk that contains the elements described in subsection
(b).
(b) Elements- A model ordinance required by subsection (a) shall include
the following elements with respect to fire prevention and management.
(1) Specifications for construction materials and techniques for use
in such communities.
(2) Guidelines for the placement of utilities, defensible space, and
vegetation management.
(3) Enforcement mechanisms for compliance with defensible space requirements.
(4) 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.
(5) Specifications for water supplies for firefighting.
(6) Requirements for adequate firefighting protection, including requirements
for fire stations and equipment.
(7) Guidelines for the participation of fire professionals in the
development of local fire protection models.
(8) Standards for roads, culverts, and bridges.
(9) Guidelines for the marking of buildings and homes.
(c) Development of Federal Model Ordinance-
(1) CONSULTATION- In developing the model ordinance required by subsection
(a), the Director--
(A) shall consult with the Under Secretary, the Chief of the Forest
Service, and the Director of the Bureau of Land Management; and
(B) may consult with others, including private entities that write
fire codes.
(2) EXISTING STANDARDS- The Director may incorporate into the Federal
model ordinance all or part of existing consensus-based standards
for fire hazard areas, or other model codes such as the International
Wildland-Urban Interface Code or National Fire Protection Association
standards.
(d) State Model Ordinances- A State may adopt model ordinances incorporating
appropriate elements set out in subsection (b) for the communities of
such State.
(e) Authorization of Appropriations- There is authorized to be appropriated
$7,500,000 to carry out subsection (a).
SEC. 4. ADDITIONAL FIRE MANAGEMENT ASSISTANCE GRANTS FOR FIRE-SAFE
COMMUNITIES.
(1) The Under Secretary may modify, for a municipality at risk, the
requirements of the Fire Management Assistance Grant Program related
to the provision of a non-Federal share of funds, as set forth in
paragraph (2).
(2) If a municipality at risk has adopted an applicable model ordinance
and is making significant progress toward implementing that model
ordinance, the Under Secretary may reduce the required amount for
such non-Federal share to 10 percent of the grant amount.
(b) Rulemaking- Not later than 18 months after the date of the enactment
of this Act, the Under Secretary shall complete a rulemaking--
(1) to define `significant progress toward implementing that model
ordinance' as used in subsection (a); and
(2) to establish other procedures and requirements for increasing
or decreasing the non-Federal share for the Fire Management Assistance
Grant Program pursuant to subsection (a).
(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).
SEC. 5. GRANTS FOR RESPONSIBLE DEVELOPMENT.
(a) In General- Subject to the availability of funds for this purpose,
the Under Secretary shall provide grants to municipalities at risk--
(1) to encourage responsible development in State-identified fire-prone
regions; and
(2) to mitigate the catastrophic effects of fires.
(b) Use of Funds- Grants awarded under this section may be used as follows:
(1) By fire-safe communities to implement or enforce local ordinances
consistent with an applicable model ordinance.
(2) To carry out programs to provide education to community planners
and local fire departments on code enforcement and fire-resistant
planning, zoning, and home construction.
(3) To enforce requirements related to residential construction or
brush clearing requirements.
(4) To create fire maps using geographic information system technology
and provide training in such technology.
(5) To provide education to the public on fire-safe practices.
(c) Maximum Grant Awards- The amount of a grant awarded under this section
may not be more than $1,000,000.
(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.
(2) MATCHING REQUIREMENT-
(A) IN GENERAL- Subject to subparagraph (B), the Under Secretary
shall require that a person who receives a grant under this subsection
provide non-Federal funds in an amount equal to 25 percent of the
amount of such grant.
(B) WAIVER- The Under Secretary may waive the requirement of subparagraph
(A) in extraordinary circumstances.
(3) REVIEW- Applications for grants under this section shall be reviewed
by an appropriate review panel established by the Under Secretary.
(e) Schedule- A grant awarded under this section shall be expended not
later than 3 years after the date the grant is awarded.
(f) Authorization of Appropriations- There is authorized to be appropriated
to carry out this section $25,000,000 for fiscal year 2008 and each
fiscal year thereafter.
SEC. 6. GRANTS FOR FIRE-HAZARD ASSESSMENT MAPS.
(a) In General- The Under Secretary shall provide grants to States to
create or update fire-hazard assessment maps.
(b) Use of Funds- Grants awarded under this section may be used as follows:
(1) To develop or update maps that assess fire hazard in a State.
(2) To conduct studies and to provide equipment, personnel, or other
resources necessary to develop or update such maps.
(c) Maximum Grant Awards-
(1) AMOUNT- The amount of a grant awarded under this section may not
be more than $1,000,000.
(2) REQUIREMENT FOR MATCHING FUNDS- A State that receives a grant
under this section shall provide an equal amount of State funds to
create or update fire-hazard assessment maps.
(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.
(2) REVIEW- Applications for grants under this section shall be reviewed
by an appropriate review panel established by the Under Secretary.
(e) Schedule- A grant awarded under this section shall be expended not
later than 3 years after the date the grant is awarded.
(f) Authorization of Appropriations- There is authorized to be appropriated
to carry out this section $15,000,000 for fiscal year 2008 and each
fiscal year thereafter.
SEC. 7. 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--
(A) in the matter preceding paragraph (1)--
(i) by inserting `and the Secretary of the Interior' after `The
Secretary'; and
(ii) by striking `and equivalent State officials' and inserting
`equivalent State officials, and local officials';
(i) by striking `trees and forests' and inserting `trees, forests,
and rangelands'; and
(ii) by inserting `and rangeland' after `overall forest'; and
(i) by inserting `and rangeland' after `all forest'; and
(ii) by inserting `and other vegetation' after `forest cover';
(i) in subparagraph (C), by striking `and' at the end;
(ii) in subparagraph (D), by striking `wildfires.' and inserting
`wildfires; and'; and
(iii) by adding at the end the following new subparagraph:
`(E) to enhance the capacity of local governments to integrate fire-resistant
community and home design into local planning, zoning, building
code, and brush clearing ordinances.';
(B) by amending paragraph (2) to read as follows:
`(2) ADMINISTRATION AND IMPLEMENTATION- The Program shall be administered
by the Chief of the Forest Service and the Secretary of the Interior
and implemented through State foresters or equivalent State officials.';
(i) in the matter preceding subparagraph (A), by striking `Secretary,'
and inserting `Secretary and the Secretary of the Interior';
(ii) by redesignating subparagraphs (F), (G), and (H) as subparagraphs
(G), (H), and (I), respectively;
(iii) by inserting after subparagraph (E) the following new subparagraph:
`(F) programs to build the capacity of local governments to design
and maintain fire-resistant communities;';
(D) in paragraph (4), by inserting `or the Secretary of the Interior'
after `by the Secretary'; and
(E) in paragraph (5), by inserting `and the Secretary of the Interior'
after `The Secretary';
(3) by redesignating subsections (c) and (d) as subsections (d) and
(e), respectively;
(4) by inserting after subsection (b), the following new subsection
(c):
`(c) Pilot Program for Fire-Safe Communities to Coordinate Across Jurisdictional
Boundaries-
`(1) AUTHORITY- The Secretary and the Secretary of the Interior may
carry out a pilot program to assess the feasibility and advisability
of providing assistance to fire-safe communities located near Federal
land to assist in Federal efforts to prevent and manage fires.
`(2) GRANTS- The Secretary and the Secretary of the Interior may carry
out the pilot program through the award of grants for purposes of
the pilot program.
`(3) USE OF GRANT FUNDS- A recipient of a grant under the pilot program
may use the grant for any of the following:
`(A) To implement or enforce local ordinances consistent with the
Federal model ordinance or applicable State model ordinance.
`(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.
`(C) To develop or implement community wildfire protection plans
to better focus resources to address priority areas for hazardous
fuels reduction projects.
`(D) To expand education programs to raise the awareness of homeowners
and citizens of wildland fire protection practices.
`(E) To implement training programs for firefighters on wildland
firefighting techniques and approaches.
`(F) To acquire equipment acquisition to facilitate wildland fire
preparedness.
`(4) MATCHING REQUIREMENT-
`(A) IN GENERAL- Subject to subparagraph (B), a person who receives
a grant under the pilot program shall provide non-Federal funds
in an amount equal to 25 percent of the amount of such grant.
`(B) WAIVER- The Secretary or the Secretary of the Interior may
waive the requirements of subparagraph (A) in extraordinary circumstances.';
(5) in subsection (d), as redesignated by paragraph (3), by inserting
`and the Secretary of the Interior' after `section, the Secretary';
and
(6) in subsection (e), as redesignated by paragraph (3)--
(A) in the matter preceding paragraph (1), by striking `to the Secretary';
(B) in paragraph (1), by striking `and' at the end; and
(C) by striking paragraph (2) and inserting the following:
`(A) $35,000,000 for each of fiscal years 2008 through 2013; and
`(B) such sums as are necessary for each fiscal year thereafter;
and
`(3) to the Secretary of the Interior--
`(A) $15,000,000 for each of fiscal years 2008 through 2013; and
`(B) such sums as are necessary for each fiscal year thereafter.'.
END
