110 HR 5218 IH: Fire-Safe Communities U.S. House of Representatives 2008-01-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 110th CONGRESS 2d Session H. R. 5218 IN THE HOUSE OF REPRESENTATIVES January 29, 2008 Mr. Udall of Colorado (for himself and Mr. Filner) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Agriculture, Natural Resources, and Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To promote fire-safe communities, and for other purposes.
1.
Short title
This Act may be cited as the Fire-Safe Communities Act.
2.
Definitions
In this Act, the following definitions apply: (1)
Administrator
The term Administrator means the Administrator of the Federal Emergency Management Agency. (2)
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). (3)
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 Administrator. (4)
Director
The term Director means the Director of the National Institute of Standards and Technology. (5)
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. (6)
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 Administrator determines that local conditions make the incorporation of such elements impractical or counterproductive for such municipality. (7)
Municipality at risk
The term municipality at risk means a subdivision of a State that is located in a fire hazard area.
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 Administrator, 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).
4.
Fire management assistance grants for fire-safe communities
(a)
In general
(1)
Fire management assistance grant program
The Administrator 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)
Non-Federal share
If a municipality at risk has adopted an applicable model ordinance and is making significant progress toward implementing that model ordinance, the Administrator 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 Administrator 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 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).
5.
Grants for responsible development
(a)
In general
Subject to the availability of funds for this purpose, the Administrator 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. (d)
Applications
(1)
In general
An application for a grant under this section shall be made at such time and in such manner as the Administrator shall require. (2)
Matching requirement
(A)
In general
Subject to subparagraph (B), the Administrator shall require that a municipality that 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 Administrator 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 Administrator. (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.
6.
Grants for fire-hazard assessment maps
(a)
In general
The Administrator 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. (d)
Applications
(1)
In general
An application for a grant under this section shall be made at such time and in such manner as the Administrator shall require. (2)
Review
Applications for grants under this section shall be reviewed by an appropriate review panel established by the Administrator. (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.
7.
Forest Service and Department of the Interior grants for community fire protection
(a)
Grants by Department of the Interior; inclusion of non-forested areas
Subsection (a) of section 10A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106c) is amended— (1)in the matter preceding paragraph (1)— (A)by inserting and the Secretary of the Interior after The Secretary; and (B)by striking and equivalent State officials and inserting equivalent State officials, and local officials; (2)in paragraph (3)— (A)by striking trees and forests and inserting trees, forests, and rangelands; and (B)by inserting and rangeland after overall forest; and (3)in paragraph (4)— (A)by inserting and rangeland after all forest; and (B)by inserting and other vegetation after forest cover. (b)
Community and Private Land Fire Assistance Program
Subsection (b) of such section is amended— (1)in paragraph (1)— (A)in subparagraph (C), by striking and at the end; (B)in subparagraph (D), by striking wildfires. and inserting wildfires; and; and (C)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. ; (2)by striking paragraph (2) and inserting the following new paragraph: (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. ; (3)in paragraph (3)— (A)in the matter preceding subparagraph (A), by striking Secretary, and inserting Secretary and the Secretary of the Interior; (B)by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively; and (C)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; ; (4)in paragraph (4), by inserting or the Secretary of the Interior after by the Secretary; and (5)in paragraph (5), by inserting and the Secretary of the Interior after The Secretary. (c)
Pilot program for fire-safe communities
Such section is further amended— (1)by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2)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)
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. . (d)
Authorization of appropriations
Subsection (e) of such section, as redesignated by subsection (c), is amended— (1)in the matter preceding paragraph (1), by striking to the Secretary; (2)in paragraph (1), by striking and at the end; and (3)by striking paragraph (2) and inserting the following new paragraphs: (2)to the Secretary— (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. . (e)
Conforming amendment
Subsection (d) of such section, as redesignated by subsection (c), is amended by inserting and the Secretary of the Interior after section, the Secretary.