Bill Text: CA AB38 | 2019-2020 | Regular Session | Amended
Bill Title: Fire safety: low-cost retrofits: regional capacity review: wildfire mitigation.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-10-02 - Chaptered by Secretary of State - Chapter 391, Statutes of 2019. [AB38 Detail]
Download: California-2019-AB38-Amended.html
Amended
IN
Assembly
April 30, 2019 |
Amended
IN
Assembly
April 11, 2019 |
Amended
IN
Assembly
April 10, 2019 |
Amended
IN
Assembly
March 21, 2019 |
Assembly Bill | No. 38 |
Introduced by Assembly Member Wood |
December 03, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
(2)Existing law requires a person who owns, leases, controls,
operates, or maintains an occupied dwelling or occupied structure in, upon, or adjoining certain property to comply with certain defensible space requirements. Under existing law, the California Building Standards Commission has adopted regulations regarding materials and construction methods for exterior wildfire exposure.
(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by
the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:On and after July 1, 2025, a seller of a building in a very high fire hazard severity zone, as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, shall attest, under the penalty of perjury, and to the best of their knowledge or belief, both of the following:
(a)The property is in compliance or arrangements have been
made to bring the property into compliance with the requirements of Section 51182 of the Government Code.
(b)The roof, gutters, attic ventilation, eaves, eave and cornice vents, and underfloor and appendages have been retrofitted, or arranged to be retrofitted to comply with the requirements of Chapter 7A (commencing with Section 701A.1) of Part 2 of Title 24 of the California Code of Regulations.
SEC. 2.
Section 1102.19 is added to the Civil Code, to read:1102.19.
(a) On and after July 1, 2025, a seller of a building in a very high fire hazard severity zone, as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, shall provide to the buyer a certificate certifying that low-cost retrofits developed and listed pursuant to Section 51189 of the Government Code have been undertaken on the building.SEC. 3.
Article 4.3 (commencing with Section 8580) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read:Article 4.3. State Wildfire Preparedness Board
8580.
(a) The State Wildfire Preparedness Board is hereby established in state government, consisting of the following members:(6)
(7)
(8)
(9)
(10)
(11)
(b)
8580.2.
(a) The state’s very high fire hazard severity zones, designated pursuant to Section 51178 or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, are divided, for purposes of this article, into 18 regional wildfire prevention districts as follows:8580.4.
Each regional wildfire prevention district, upon appropriation by the Legislature, shall do all of the following:(c)
(1)
(2)
(3)Evacuation plans that include both of the following:
(A)Emergency notification protocols.
(B)A verification of the quality and capacity of identified evacuation routes.
(d)Implement a grant program to ensure compliance with regional vegetation management ordinances and the execution of strategic community protection fuel load projects.
SEC. 4.
Division 33 (commencing with Section 55500) is added to the Health and Safety Code, to read:DIVISION 33. Fire Hardened Homes Revolving Loan and Rebate Fund
55500.
As used in this division:55501.
(a) There is established in the State Treasury the Fire Hardened Homes Revolving Loan and Rebate Fund. Moneys in the fund shall, upon appropriation by the Legislature, be made available to the California Statewide Communities Development Authority to provide financing assistance or rebates to owners of eligible buildings to pay for eligible costs of fire hardening as follows:SEC. 5.
The sum of one billion dollars ($1,000,000,000) is hereby transferred from the General Fund to the Fire Hardened Homes Revolving Loan and Rebate Fund to provide no- or low-interest loans or rebates to owners of eligible buildings for the eligible costs of fire hardening pursuant to Division 33 (commencing with Section 55500) of the Health and Safety Code.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.