THE ALQUIST PRIOLO EARTHQUAKE FAULT ACT AS A MODEL FOR OTHER HAZARD LOSS REDUCTION ACTIONS

1. THE ALQUIST PRIOLO EARTHQUAKE FAULT ACT AS A MODEL FOR OTHER HAZARD LOSS REDUCTION ACTIONS James F. Davis, former CA State Geologist, Earl W. Hart, former Manager of AP Zoning Program, Richard J. McCarthy, Director CA Seismic Safety Commission, John G. Parrish, CA State Geologist GEOLOGICAL SOCIETY OF AMERICA ANNUAL MEETING Denver, CO October 30, 2007 Session T80

2. Photo by W. A. Bryant PURPOSE OF PAPER • To Generically Outline Components Of An Effective Land-Use Zoning Program To Reduce Losses From Geologic Hazards As A Model For Other Programs

3. OUTLINE OF PRESENTATION • Clearly Defined Objective Of Zoning Program • Unambiguous Criteria For Defining Zones • Geologic Investigations To Define Zones • Responsible Party To Establish Zones • Define Responsibilities Of All Other Parties In Administering Program • Define System Of Accountabilities And Sanctions Necessary To Assure Compliance With Regulations • COMPONENTS OF SUCCESSFUL LAND-USE ZONING PROGRAM

4. LESSONS LEARNED DURING 35-YEAR SUCCESSFUL ADMINISTRATION OF THE AP ZONING ACT • IDENTIFICATION OF OPPORTUNITIES THAT FAVOR ENACTMENT AND IMPLEMENTATION OF GEOLOGIC HAZARDS LAND-USE ZONING PROGRAMS • BENEFITS OF LAND-USE REGULATION OF GEOLOGIC HAZARDS – AP ACT AS A MODEL

5. SUCCESSFUL ZONING COMPONENT #1CLEARLY DEFINED OBJECTIVE OF GEOLOGIC HAZARD ZONING PROGRAM • The Alquist Priolo Earthquake Fault Zone Program Is Established To Avoid Placing Structures For Human Occupancy On Traces Of Active Surface Faults Where Ground Rupture Can Cause Property Losses And Casualties • The Placement Of Structures Off Of Active Faults Is The Only Practical Mitigation Measure

6. SUCCESSFUL ZONING COMPONENT #2UNAMBIGUOUSCRITERIA FOR DEFINING GEOLOGIC HAZARD ZONES • AP Active Fault Zones Boundaries Are: • Delineated to Have Outer Boundaries ~500 Feet from Identified Trace of Active Fault with Evidence of Displacement During Last ll,000 Years • Issued on 1:24,000 Scale USGS Topographic Maps with Turning Points in Zone Boundaries at Locatable Features on Map

7. SUCCESSFUL ZONING COMPONENT #3GEOLOGIC INVESTIGATIONS TO DEFINE ZONES • Use Of Data From Previous Investigations Including Surface And Subsurface Examinations • Use Of Signature Characteristics Of Active Faults From Aerial Photography And Other Remote Methods • Detailed On Ground Geologic Mapping

8. SUCCESSFUL ZONING COMPONENT #4RESPONSIBLE PARTY TO ESTABLISH ZONES • AP Zoning Act Designates The California State Geologist And The California State Geological Survey To Prepare AP Zone Maps • The Zones Are Approved Officially For Land-Use Regulation By The Gubernatorially Appointed California Mining And Geology Board Which Advises The State Geologist

9. INDEX TO AP EARTHQUAKE FAULT ZONE MAPS (1974 – 2007) 547 Earthquake Fault Zone Maps issued as of 9/1/2007 36 Counties and 104 Cities affected Sacramento San Francisco Los Angeles

10. Official Earthquake Fault Zone Map Niles Quadrangle

11. Niles Quadrangle OFFICIAL EARTHQUAKE FAULT ZONE MAP

12. SUCCESSFUL ZONING COMPONENT #5DEFINE RESPONSIBLITIES OF ALL OTHER PARTIES IN ADMINSTERING ZONING PROGRAM • CA State Geologist & CGS Staff Issue Maps • CA Mining And Geology Board Hold Public Hearings On Maps And Adopt Them Officially For Regulation * * *Under The AP Zoning Act All Geological Evaluations Must Be Done By CA Licensed Or Certified Geologists

13. COMPONENT #5 Continued • Before Local Governments Can Consider Developments (>4 Units) In AP Zones They Must Require Developers To Do Onsite Evaluation Of The Hazards Present • Developers Submit Investigations To Local Governments Showing Proposed Structures Away From Hazard • Local Governments Review The Development Proposals And Elected Governing Body Makes Decisions on Land Use • An Appeals Process Exists • Realtors & Owners Must Disclose To Prospective Buyers That Their Structures Are Within AP Zones • Local Governments Must File All On Site Geologic Reports With CA State Geologist * * *Under The AP Zoning Act All Geological Evaluations Must Be Done By CA Licensed Or Certified Geologists

14. ALQUIST-PRIOLO ACT - RESPONSIBILITIES - • Adopts Mandated Policies • Receives Review Comments • Provides Technical Advice State Mining & Geology Board • Evaluates Faults • Designates Earthquake Fault Zones • Provides Advisory Services State Geologist • Requires Site Investigations • Updates General Plans • Reviews and Approves Projects • Applies For Waivers Cities & Counties • Determines Hazard at Site • Avoids Hazard • Discloses Property Owners Developers

15. ALQUIST-PRIOLO ACT - RESPONSIBILITIES - STATE GEOLOGIST - Zones - MINING & GEOLOGY BOARD - Policies & Criteria - CITIES and COUNTIES - Implementation -

16. SUCCESSFUL ZONING COMPONENT #6ROBUST SYSTEM OF PERFORMANCE ACCOUNTABILITIES AND SANCTIONS • CA State Geologist & CGS Staff • CA Mining & Geology Board & Staff – Licensing And Political Consequences All Geologists Involved in AP Are Subject to License Loss and Financial Liability for Misfeasance or Malpractice * * *Geologist Involvement

17. COMPONENT #6 Continued * • Geologic Consultants &/Or Geologic Staff Of Developers And Local Governments • Developers Loss Of License, Voiding Of Approvals, Financial Liability • Elected Local Governing Boards, Political Consequences And Financial Liabilities • Realtors Loss Of License And Financial Liabilities • Owners, Voiding Of Sale And Financial Liabilities *Geologist Involvement

18. LESSONS LEARNED DURING 35-YEAR SUCCESSFUL ADMINISTRATION OF THE AP ZONING ACT • Importance Of Internal Consistency In Establishing AP Zones – No Successful Suits Brought Against CGS And CA Mining & Geology Board • Professional Licensing Of Geologists Assures Capable & Objective Assessments in Private and Public Sectors

19. LESSONS LEARNED Continued • Required Communication Between CGS & CA Mining & Geology Board And Local Governments Has Many Collateral Benefits -- State Is Trusted Source Of Other Geologic Information, Local Awareness Of Geologic Hazards Within Their Jurisdictions • State Agency Awareness Of The Necessary Components Of Successful Land-Use Regulation Of Geologic Hazards • Geologic Community Aware Of How To Use Future Opportunities To Enable Passage Of Additional Future Land-Use Regulation Of Geologic Hazards

20. IDENTIFICATION OF OPPORTUNITIES THAT FAVOR ENACTMENT AND IMPLEMENTATION OF GEOLOGIC HAZARDS LAND-USE ZONING PROGRAMS • Capability Of Identifying Circumstances That Create Key Opportunities For Successful Legislation These Are Usually Based On Briefly Heightened Public Awareness Of Hazard That Justifies The Establishment Of Land-Use Regulation Program

21. OPPORTUNITIES for ENACTMENT Continued • Pre-opportunity Development Of Consensus Within The Geologic Community Regarding Approach, Content And Value Of Contemplated Land-Use Regulation • Pre-opportunity Identification Of Key Legislative Sponsor(s) Through Dialog With The Geologic Community In Advance Of Opportunities • Plan To Mobilize Geologic Community To Action When Opportunities Arise • Frequent High Quality Communications By The Geologic Community to the Public and Decision Makers Before Public-Awareness Based Opportunities Develop

22. BENEFITS OF LAND-USE REGULATION OF GEOLOGIC HAZARDS – AP ACT AS A MODEL • Long Term Investment In Avoiding Losses Due To Surface Rupture • Systematic Identification Of Recency Of Surface Faulting Throughout State Expands Overall Knowledge Of Earthquake Vulnerability (Earthquake Probabilities Estimates, Size Of Potential Events, Placement & Design of Lifelines, and Input to Applied & Academic Investigations)

23. 4. BENEFITS Continued • Successful Administration Of AP Act Enable Passage Of Other Legislation – CA Seismic Hazards Zoning Act • Greater Public And Local Government Awareness Of Geologic Hazards And Their Consequences • Greater Awareness Of Geologic Hazards Within The Realtor And Developers Communities

24. CONCLUSIONS • The Outlined Components Of The AP Act Are Essential To Successful Administration Of Any Effective Program Of Land-Use Regulation Of Geologic Hazards • State-wide Programs Are Desirable • Establishment Of Hazard Zone Maps By State Geological Survey Is Desirable • Coordination Of Activities With A Central Land-Use State Planning Agency (If One Exists) Is Desirable • Inclusion Of Local Government Land-Use Decision Makers And Regulators Participation In The Zoning Process Is Essential • Successful Enactment Of Hazard Land-Use Regulation Requires Consensus Among All Of The Stake Holders In The Geologic Professional Community Prior To Passage