[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 762 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 762

        To promote fire safe communities and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 1, 2009

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 of 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Fire hazard area.--The term ``fire hazard area'' means 
        an area at significant risk from wildland fire as determined 
        by--
                    (A) the applicable State forestry agency or 
                equivalent State agency; or
                    (B) the Under Secretary.
            (2) Fire safe community.--The term ``fire safe community'' 
        means--
                    (A) a subdivision of a State that has adopted a 
                national wildland fire code, standard, or ordinance; or
                    (B) a municipality at risk that has adopted local 
                ordinances that--
                            (i) are consistent with more than one of 
                        the elements set out in paragraph (4)(C)(ii); 
                        and
                            (ii) the Under Secretary determines provide 
                        generally accepted levels of fire protection.
            (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.
            (4) National wildland fire code, standard, or ordinance.--
        The term ``national wildland fire code, standard, or 
        ordinance'' means--
                    (A) the most recent publication of National Fire 
                Protection Association code number 1141, 1142, or 1144;
                    (B) the most recent publication of the 
                International Wildland-Urban Interface Code of the 
                International Code Council; or
                    (C) any other code which--
                            (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); and
                            (ii) may include--
                                    (I) specifications for construction 
                                materials and techniques for use in 
                                municipalities at risk;
                                    (II) guidelines for the placement 
                                of utilities, defensible space, and 
                                vegetation management;
                                    (III) enforcement mechanisms for 
                                compliance with defensible space 
                                requirements;
                                    (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;
                                    (V) specifications for water 
                                supplies for firefighting;
                                    (VI) requirements for adequate 
                                firefighting protection, including 
                                requirements for fire stations and 
                                equipment;
                                    (VII) guidelines for the 
                                participation of fire professionals in 
                                the development of local fire 
                                protection models;
                                    (VIII) standards for the protection 
                                of roads and bridges;
                                    (IX) standards for the egress 
                                capacities of roads and bridges;
                                    (X) guidelines for the marking of 
                                buildings and homes; and
                                    (XI) requirements for the 
                                replacement of combustible roofing 
                                material on existing homes.
            (5) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary for Federal Emergency Management of the 
        Department of Homeland Security.

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--
            (1) national wildland fire code, standard, or ordinance; or
            (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.
    (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).
    (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. 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--
            (1) to encourage responsible development in such 
        municipalities;
            (2) to mitigate the catastrophic effects of fires; and
            (3) to encourage the retrofit of existing wildfire-prone 
        structures.
    (b) Use of Funds.--Grants awarded under this section may be used as 
follows:
            (1) To enforce requirements related to hazardous fuel 
        reduction or brush clearing requirements on private land.
            (2) To enforce requirements related to residential 
        construction or the code-inspection of new and existing 
        construction with respect to wildland fire.
            (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.
            (4) To carry out programs to educate community planners and 
        zoning officials on historic wildfire patterns and fire-
        resistant community planning.
    (c) Maximum Grant Amount.--The amount of a grant awarded under this 
section may not exceed $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 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.
                    (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 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.
            (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.
    (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.
    (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.

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--
            (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 ``State foresters and 
                        equivalent State officials'' and inserting 
                        ``State foresters, 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 codes, property 
                maintenance codes, and brush clearing ordinances.'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Administration and implementation.--The Program shall 
        be--
                    ``(A) administered by the Chief of the Forest 
                Service and the Secretary of the Interior; and
                    ``(B) 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; and
                            (iii) by inserting after subparagraph (E) 
                        the following:
                    ``(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 awarding grants to fire safe 
        communities located near Federal land to assist in Federal 
        efforts to prevent and manage fires.
            ``(2) Use of grant funds.--A grant awarded under the pilot 
        program may be used as follows:
                    ``(A) To implement or enforce local ordinances 
                consistent with a nationally recognized wildland fire 
                code, standard, or 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 
                mitigation strategies.
                    ``(F) To acquire equipment to facilitate wildland 
                fire preparedness and mitigation.
            ``(3) Matching requirement.--
                    ``(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.
                    ``(B) Waiver.--The Secretary or the Secretary of 
                the Interior may waive the requirements of subparagraph 
                (A) in extraordinary circumstances.
            ``(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.'';
            (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 2009 
                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 2009 
                through 2013; and
                    ``(B) such sums as are necessary for each fiscal 
                year thereafter.''.
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