[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2390 Introduced in Senate (IS)]







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.

    In this Act:
            (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.

    (a) In General.--
            (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.
    (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 
        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.
    (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 
        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--
            (1) in subsection (a)--
                    (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'';
                    (B) in paragraph (3)--
                            (i) by striking ``trees and forests'' and 
                        inserting ``trees, forests, and rangelands''; 
                        and
                            (ii) by inserting ``and rangeland'' after 
                        ``overall forest''; and
                    (C) in paragraph (4)--
                            (i) by inserting ``and rangeland'' after 
                        ``all forest''; and
                            (ii) by inserting ``and other vegetation'' 
                        after ``forest cover'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (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.'';
                    (C) in paragraph (3)--
                            (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:
            ``(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.''.
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