4240.
For purposes of this chapter, all of the following definitions apply:
(a) “Consolidated review agencies” means the Natural Resources Agency in coordination with the California Environmental Protection Agency to provide coordinated environmental and regulatory review of covered wildfire mitigation projects.
(b) (1) “Covered wildfire mitigation project” means any one of the following categories of activities undertaken for the purpose of reducing wildfire risk:
(A) Required by law.
(B) Identified in a utility’s wildfire mitigation plan or in a community wildfire preparedness plan or adopted by a local agency.
(C) In a plan proposed by the department.
(2) Activities that qualify as a covered wildfire mitigation project include any of the following:
(A) Removal of hazardous, dead, or dying trees.
(B) Removal of vegetation for the creation of strategic fuel breaks. A fuel break in chaparral, shrubland, grassland, and coastal sage scrub lands where less flammable or native vegetation is removed and replaced with ignition-prone or nonnative vegetation shall not be permissible pursuant to this chapter. Fuel break treatments shall not exceed 300 feet in width.
(C) Removal of vegetation for community defensible space of up to 200 feet from a structure.
(D) Removal of vegetation along roadways, highways, and freeways up to 100 feet, as measured from the center line of the roadway, for a public roadway identified as an egress and evacuation route for a community for the creation of safer ingress and egress routes for the public and first responders and to reduce roadside ignitions.
(E) Removal or modification of vegetation in forests that create more fire-resilient conditions.
(F) Removal of nonnative vegetation in chaparral, shrubland, grassland, and coastal sage scrub ecosystems.
(G) Maintenance of previously established fuel breaks.
(H) Removal of vegetation around electrical utility lines consistent with Section 4293, poles consistent with Section 4292, and rights-of-way consistent with General Order 95 or FAC-003-5 Transmission Vegetation Management of the North American Electric Reliability Corporation to reduce the risk of wildfire.
(I) Notwithstanding any plan inclusion, prescribed or cultural fire in ecosystems with a fire deficit, excluding coastal sage scrub and chaparral communities.
(c) A project that includes the use of a pesticide, as defined in Section 12753 of the Food and Agricultural Code, does not qualify as a covered wildfire mitigation project for the purposes of this chapter.
(d) Division 13 (commencing with Section 21000) does not apply to a covered wildfire mitigation project authorized pursuant to this chapter.
(e) “Expedited authorization” means a written decision by the Secretary for Environmental Protection or the Secretary of the Natural Resources Agency authorizing a covered wildfire mitigation project and requiring the covered wildfire mitigation project to comply with the State Environmental Protection Plan, the issuance of which waives the requirements that the covered wildfire mitigation project comply with state statutes, rules, regulations, and requirements within the jurisdiction of the boards, departments, commissions, offices, and agencies within the consolidated review agencies, to the extent necessary and for the purpose of expediting a covered wildfire mitigation project, and replaces any other permit, agreement, or authorization required or authorized by state statutes, rules, regulations, and requirements that fall within the jurisdiction of those boards, departments, commissions, offices, and agencies, including any permitting authority delegated to local governments by those entities, except as provided in paragraph (2) of subdivision (f) of Section 4241.
(f) “Project review team” means an interdisciplinary team led by the department, including, but not limited to, representatives from the appropriate regional water quality control board, the State Water Resources Control Board, the Department of Fish and Wildlife, the California Geological Survey, the California Coastal Commission, the Department of Conservation, and the Department of Parks and Recreation, as applicable. Further, “project review team” refers to a team that is tasked with evaluating proposed covered wildfire mitigation projects and assisting the consolidated review agencies in the determination of project conformance with the State Environmental Protection Plan.
(g) “State Environmental Protection Plan” means the Statewide Fuels Reduction Environmental Protection Plan (EPP), issued December 2025, and any subsequent updates.
4241.
(a) Without limiting any other statutory exemption or categorical exemption, and notwithstanding any other law, and consistent with Executive Order No. N-38-25, any state-level environmental and resource permits, approvals, consultations, and reviews required for a covered wildfire mitigation project shall be consolidated into a single coordinated review by a project review team and administered jointly by the consolidated review agencies.
(b) (1) Timber operations, as defined in Section 4527, shall comply with the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511)) and the Forest Practice Rules (Chapter 4 (commencing with Section 895) of Division 1.5 of Title 14 of the California Code of Regulations).
(2) This chapter does not affect any stipulated agreement issued by an administrative law judge for an electrical corporation or public utility regarding applicability of the Forest Practice Act Rules (Chapter 4 (commencing with Section 895) of Division 1.5 of Title 14 of the California Code of Regulations) to that utility’s operations.
(c) The consolidated review agencies shall do all of the following:
(1) Use the application process established under the State Environmental Protection Plan for entities that elect to submit a complete consolidated application package.
(2) (A) Post information about the proposed project on an internet website within five business days of the application being deemed complete.
(B) Information about the proposed project posted on an internet website shall include all state statutes, rules, regulations, and requirements proposed to be waived for the project pursuant to paragraph (2) of subdivision (d).
(C) The internet website shall include a function for the public to submit written comment on the proposed project for at least 20 days after the project is posted on the internet website.
(3) Consider all timely submitted public comments and whether any comments warrant modification of the project before approving the project.
(4) (A) Identify which proposed state statute, rule, regulation, and requirement proposed pursuant to paragraph (2) of subdivision (d) would be waived and use their sound discretion to ensure that the waiver is necessary and serves the purpose of expediting the proposed project activities while protecting public health and the environment.
(B) The consolidated review agencies shall not approve a project that requires an incidental take permit under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(d) (1) An entity seeking to complete a wildfire mitigation project requiring state authorization may apply for an expedited authorization pursuant to this chapter. An applicant seeking state authorization to undertake a covered wildfire mitigation project shall submit a single, consolidated application package to the consolidated review agencies. An applicant shall have a legal entitlement to enter the property on which the wildfire mitigation project is performed or consent of landowner of record of that property.
(2) The applicant shall propose the full list of state statutes, rules, regulations, and requirements within the jurisdiction of the boards, departments, commissions, offices, and agencies within the consolidated review agencies to be waived or suspended for the purpose of expediting a proposed covered wildfire mitigation project in the consolidated application package.
(3) A decision shall be rendered by the consolidated review agencies within 60 calendar days of the consolidated review agencies deeming an application is complete. The applicant and the consolidated review agencies may agree to extend the 60-day timeline if both parties agree to the extension.
(e) If the consolidated review agencies authorize a project under this section, the approvals shall be in writing and shall include all of the following:
(1) A description of the project.
(2) The basis for eligibility.
(3) A list of state statutes, rules, regulations, requirements, permits, agreements, consultations, or approvals waived by the review agencies’ authorization.
(4) The required environmental protection measures, including documentation that the covered wildfire mitigation project will comply with the State Environmental Protection Plan and project-specific best management practices.
(f) (1) Except as provided in paragraph (2), an expedited authorization issued pursuant to this chapter waives the requirement that the covered wildfire mitigation project comply with state statutes, rules, regulations, and requirements, within the jurisdiction of boards, departments, commissions, offices, and agencies within the consolidated review agencies, as determined by subparagraph (A) of paragraph (4) of subdivision (c), and replaces any other permit, agreement, or authorization required by state statutes, rules, regulations, and requirements that fall within the jurisdiction of boards, departments, and offices within the consolidated review agencies.
(2) This section does not apply to either of the following:
(A) A permit issued by a state agency pursuant to program authorization or primary enforcement responsibility under the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or other federal law.
(B) Any permit or other requirement of Division 2 (commencing with Section 1000) of the Water Code.
(g) (1) Any covered wildfire mitigation project shall be conducted in compliance with the State Environmental Protection Plan and the associated best management practices. Any person who intentionally, knowingly, or negligently violates any provision of the State Environmental Protection Plan is subject to a civil penalty imposed by a court in an amount not to exceed ten thousand dollars ($10,000) for each violation. For purposes of this section, natural resource damage that occurs over multiple days that results from a single action shall not be considered a continuing violation.
(2) For purposes of this section, each specific act that results in a violation of the State Environmental Protection Plan, including an act that is repeated on separate days, shall be considered a separate violation.
(3) The Attorney General or district attorney, upon request of the director or any agencies, board, commission, departments, and offices, within the consolidated review agencies with jurisdiction over these projects, shall petition the superior court to impose, assess, and recover a civil penalty pursuant to this subdivision.
(4) In determining the appropriate amount, the court shall consider all relevant circumstances, including, but not limited to, persistence, circumstances, extent and gravity of the violation, the length of the time over which the violation occurred, whether any substantial damage caused by the violation is susceptible to corrective action, whether the violation was willful or caused by negligence, and, with respect to the violator, the ability of the violator to pay any fines or penalties, the effect on the ability to continue in business, the corrective action, if any, taken by the violator, whether the violator has any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and other matters as justice may require.
(5) Any money recovered by the department pursuant to this section shall be deposited in the General Fund.
(6) For purposes of this subdivision, “person” includes a private individual, organization, partnership, corporation, limited liability company, city, county, district, or the state or any department or agency of a city, county, district, or the state.
(h) The consolidated review agencies may require additional environmental protection measures where the measures are reasonably necessary to protect the resources present in the project area or affected by the project, or mitigate the impact on those resources.
(i) (1) Covered wildfire mitigation projects shall be limited to the following sizes and completed within two years of approval by the consolidated review agencies. Prescribed fire projects shall have up to five years from approval by the consolidated review agencies to be completed.
(2) Projects that maintain right-of-way and maintain existing fuel breaks along utility infrastructure shall be less than 3,000 acres.
(3) Projects in forests to improve ecosystem health shall be less than 1,000 acres.
(4) Projects in chaparral, shrubland, grassland, and coastal sage scrub to remove flammable nonnative grasses and herbaceous plants shall be less than 50 acres.
(j) Except for defensible space, roadside, and fuel breaks, where conversion to bare ground or mowed vegetation is the desired project outcome, project activities in native chaparral and coastal sage scrub that could lead to type conversion shall be avoided.
(k) For each department state‑funded grant project, the department shall provide a cost-benefit analysis to estimate the project’s return on investment for risk reduction or an explanation of why an estimate could not be assigned to a particular project.
(l) (1) This chapter does not authorize a project that is inconsistent with any applicable local ordinance or regulation. Compliance with applicable local requirements shall be a condition of expedited authorization, and a project that is inconsistent with applicable local requirements shall not qualify for expedited authorization.
(2) This chapter does not affect the applicability of federal statutes, rules, and regulations.