Butte County Municipal Code Art. 1 Findings and Title

This Urgency Ordinance is adopted pursuant to California Government Code Sections 25123(d) and 25131 and shall take effect immediately upon its approval by at least a four-fifths vote of the Board of Supervisors. The Board, in consultation with the Local Health Officer, finds that this Ordinance is necessary for the immediate preservation of the public peace, health and safety, based upon the following facts:

A. Pursuant to Article XI, Section 7 of the California Constitution, the County of Butte ("County") may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its residents.

B. Pursuant to Government Code Section 25123, to protect against an immediate threat to the public safety, health, and welfare, the County may adopt an urgency ordinance that takes effect immediately.

C. Section 101080 of the California Health and Safety Code empowers the County Health Officer to declare a Local Health Emergency if they reasonably determine that conditions of exposure to hazardous waste exist that pose an immediate threat to the public health, and requires the Local Health Emergency to expire after seven (7) days unless ratified by the Board of Supervisors, and requires the Board of Supervisors to review the need for continuing the Local Health Emergency at least once every 30 (thirty) days and proclaim the termination of the Local Health Emergency at the earliest possible date that conditions warrant the termination.

D. Conditions of extreme peril to the safety of persons and property have arisen within the County of Butte, as a result of the following fires:

i. Park Fire, which began on July 24, 2024 as a vegetation fire, caused by suspected arson, in Upper Bidwell Park on the edge of Chico, California. According to CAL FIRE'S Final Incident Update dated September 8, 2024, the Park Fire spanned into Butte, Tehama, Shasta, and Plumas counties, consuming four hundred and twenty-nine thousand, six hundred and three (429,603) acres of land, and has become the fourth largest wildfire in state history. In Butte County, the Park Fire burned fifty-two thousand, nine hundred and thirty-seven (52,937) acres, destroyed four hundred and twenty-eight (428) structures including residences and commercial buildings, and damaged another forty-seven (47) structures. This is in addition to significant acreage of timber that was burned and efforts to contain the fire remain ongoing; and

ii. Thompson Fire, which began on July 2, 2024, near Cherokee Road and Thompson Flat Road in Oroville, California. According to CAL FIRE's Status Update Report dated July 8, 2024, the Thompson Fire burned three thousand, seven hundred and eighty-nine (3,789) acres, destroyed twenty-six (26) structures including residences, and damaged another eight (8) structures in the County.

E. The Park Fire and Thompson Fire have caused conditions of extreme peril to the safety of persons and property within the County, prompting evacuation orders and warnings for thousands of residents in some of the incorporated and unincorporated areas of the County, at which time the Board of Supervisors was not in session.

F. Pursuant to Government Code Section 8630, the County Chief Administrative Officer proclaimed the existence of a local emergency resulting from the impacts of the Park Fire and Thompson Fire, which the Board of Supervisors ratified at meetings held on July 30, 2024 and July 8, 2024, respectively. The resolutions ratifying the local emergencies also requested that the State of California waive regulations that may hinder response and recovery efforts, as well as make available assistance under the California Disaster Assistance Act or any other state funding, and that the Federal Government expedite access to federal resources and any other appropriate federal disaster relief program.

G. Pursuant to California Health and Safety Code Section 101080, the County's Local Health Officer, Dr. David Canton, declared a local health emergency in response to the assessment of the potential public health risks associated with the Park Fire and Thompson Fire. Dr. Canton's declarations state that the local health emergency was a consequence of the debris resulting from the Park Fire and Thompson Fire that contain hazardous material in the ash of the burned qualifying structures, which the Board of Supervisors ratified at duly held meetings on July 30, 2024 and August 13, 2024, respectively.

H. On July 3, 2024 and July 26, 2024, pursuant to Government Code Section 8625, California Governor Gavin Newsom proclaimed a state of emergency in the State of California, and in the County of Butte, due to the fire(s) around the State, including the Thompson Fire and Park Fire.

I. As of September 23, 2024, the Park Fire and Thompson Fire have consumed in total, within the territorial limits of Butte County, fifty-six thousand, seven hundred and twenty-six (56,726) acres of land, destroyed or damaged an estimated five hundred and twenty-nine (529) structures, including residences and commercial buildings, and resulted in evacuation orders or warnings which impacted hundreds of residents. As a result, the Park Fire and Thompson Fire have created a significant amount of debris and hazardous waste. Numerous severe public health and safety hazards remain present throughout the areas affected by the Park Fire and Thompson Fire, including blocked or closed roads, burned trees and vehicles, loss of various public services, and the presence of animal carcasses.

J. Current threats to recovery include numerous obstacles to rebuilding the Park and Thompson Fire areas, including (1) a lack of available housing, (2) a lack of availability of homeowner's insurance for residents, (3) increased costs of labor and materials, and (4) an economic downturn and inflation, all of which contribute to residents being unable to rebuild their homes. Many Park Fire and Thompson Fire survivors continue to need access to temporary housing while awaiting resolution of the foregoing. The Board of Supervisors finds it is necessary to adopt and implement transitory housing measures and temporary housing to expedite the transition of residents who are without housing or have been displaced by the Park Fire and Thompson Fire to interim and long-term shelter and to house people in safe, secure, and habitable housing on a temporary basis.

K. As a result of the Park Fire and Thompson Fire, there exists the potential for widespread toxic exposures and threats to public health and the environment in the aftermath of a major wildfire disaster, and debris and ash from residential and commercial structure fires contain hazardous materials. This hazardous waste debris poses a substantial present or potential hazard to human health and the environment until the property is certified clean. The accumulated exposure to hazardous waste debris over an extended period of time poses a severe hazard to human health and its harmful effects are well-documented.

L. The combustion of building materials such as siding, roofing tiles, and insulation results in dangerous ash that may contain asbestos, heavy metals and other hazardous materials. Household hazardous waste such as paint, gasoline, cleaning products, pesticides, compressed gas cylinders, and chemicals may have been stored in homes, garages, or sheds that may have burned in the fire, also producing hazardous materials.

M. Exposure to hazardous materials may lead to acute and chronic health effects and may cause long-term public health and environmental impacts.

N. Uncontrolled hazardous materials and debris pose significant threats to public health through inhalation of dust particles and contamination of drinking water supplies. Improper handling can expose residents and workers to toxic materials, and improper transport and disposal of fire debris can spread hazardous substances throughout the community.

O. Dead and dying trees damaged by the Park Fire and Thompson Fire and at risk of falling may threaten the health, safety and welfare of workers conducting debris removal and residents of the affected properties, as well as the general public if the trees are at risk of falling onto a public right of way or public infrastructure.

P. The anticipated start of the rainy season offers little time to mitigate further environmental contamination resulting from the Park Fire and Thompson Fire, including contamination of the watershed, and, therefore, time is of the essence in removing hazardous waste, fire debris and hazard trees from affected properties.

Q. Standards and removal procedures are needed immediately to protect the public safety, health and environment, and to facilitate coordinated and effective mitigation of the risks to the public health and environment from the health hazards generated by the Park Fire and Thompson Fire.

R. The Department of Toxic Substances Control has issued reports regarding the assessment of burn debris from wildfires in the past. The studies of burned residential homes and structures from large scale wildland fires indicated that the resulting ash and debris can contain asbestos and toxic concentrated amounts of heavy metals such as antimony, arsenic, cadmium, copper, lead, and zinc. Additionally, the ash and debris may contain higher concentrations of lead if the home was built prior to 1978 when lead was banned from household paint in the United States. The reports indicated that the residual ash of burned residential homes and structures has high concentrations of heavy metals that can be toxic and can have significant impacts to individual properties, local communities, and watersheds if the ash and debris is not removed safely and promptly.

S. Pursuant to Article XI, Section 7 of the California Constitution and Government Code Section 25845, the County may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety and welfare of its residents.

T. Government Code Section 25123(d) authorizes the adoption of an urgency ordinance for the immediate preservation of the public peace, health, or safety, where there is a declaration of the facts constituting the urgency and the ordinance is adopted by a four-fifths vote of the Board. There is an urgent need to mitigate the harm to public health and the environment from the improper disturbance, removal, transport and/or disposal of hazardous waste, fire debris, and hazard trees resulting from the Park Fire and Thompson Fire, to create and implement clear standards and procedures for removal of fire debris and hazard trees, and to facilitate coordinated, timely, and effective mitigation of the risk to public health and the environment form the health hazards generated by the Park Fire and Thompson Fire disasters.

U. On August 13, 2024, the Board of Supervisors adopted Ordinance 4251, which added Chapter 56 "Summer 2024 Butte County Fire Recovery" to the Butte County Code to address emergency interim housing for residents impacted by various fires.

V. On September 11, 2024, the Governor's Office of Emergency Services ("Cal OES") approved Butte County's request for a private property debris removal program for properties impacted by the Park Fire and Thompson Fire ("State Program"). To enroll in the State Program, residents must submit a Right of Entry ("ROE") Permit.

W. Thereafter, on September 26, 2024, the Board of Supervisors adopted Ordinance No. 4252, which repealed and replaced Chapter 56 with "Park Fire and Thompson Fire Recovery Code" to address the mandatory structural debris and hazard tree removal requirements through the participation in the State Program or the Alternative Program—a County-led program available for property owners that elect not to participate in the State Program or whose properties are disqualified from the State Program.

X. On or around October 8, 2024, the County made the procedures, guidelines, and requirements for the Alternative Program and Alternative Program Application available to the public.

Y. As of November 1, 2024, one hundred sixty-seven (167) ROE Permits have been submitted for the State Program, and five (5) applications have been submitted for the Alternative Program.

Z. At this time, the County anticipates Cal OES and private contractors will begin mobilizing and removing fire debris and hazard trees from properties impacted by the Park Fire or Thompson Fire.

AA. As a result of the removal of hazard trees, the County anticipates an enormous volume of logs and vegetation being stored at temporary log storage yards. As such, there is an urgent need to mitigate the harm to public health and the environment from the improper transport and/or disposal of hazard trees resulting from the Park Fire or Thompson Fire. Utilizing forest residue (i.e. wood logs/vegetation) for biochar production may mitigate such harm by reducing greenhouse gas emissions, carbon negativity, improving transportation efficiency (i.e. raw v. product transport costs), alleviating adverse local and regional air quality impacts from pile burning, and reducing the impact to roads and the landfill.

BB. It is essential that this Urgency Ordinance become immediately effective to mitigate the imminent harm that could be caused to the public health and safety and to the environment from the improper disturbance, removal and disposal of debris containing hazardous materials, structural ash and debris and/or hazard trees and to facilitate the orderly response to the Park Fire and Thompson Fire disasters.

(Ord. No. 4252, § 1, 9-26-24; Ord. No. 4256, § 1, 12-10-24)

This chapter shall be known and may be cited as the Park Fire and Thompson Fire Recovery Code.

(Ord. No. 4252, § 1, 9-26-24)