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
Senate
August 30, 2019 |
Amended
IN
Senate
July 01, 2019 |
Amended
IN
Senate
June 18, 2019 |
Amended
IN
Assembly
May 16, 2019 |
Amended
IN
Assembly
April 30, 2019 |
Amended
IN
Assembly
April 11, 2019 |
Amended
IN
Assembly
April 10, 2019 |
Amended
IN
Assembly
March 21, 2019 |
Introduced by Assembly Member Wood (Principal coauthor: Senator Stern) (Coauthor: Assembly Member Levine) |
December 03, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
(3)Existing law authorizes local agencies, upon making specified findings, to provide low-interest loans to the owners of buildings within their jurisdiction for the purpose of making seismic safety upgrades to eligible buildings, as defined, to meet current earthquake safety codes. Existing law authorizes these local entities to issue bonds to finance these loans that are secured by a lien on the subject property.
This bill would establish the Fire Hardened Homes Revolving Loan and Rebate Fund in the State Treasury, as specified. Moneys in the fund would be available, upon appropriation by the Legislature, to the California Statewide Communities Development Authority to provide financial assistance and rebates to owners
of eligible buildings to pay for eligible costs of fire hardening, as specified. The bill would provide that financing under this program, along with other liens on the subject property, could not exceed 80% of the appraised value of the property. The bill would define terms for its purposes.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Section 1102.6f is added to the Civil Code, to read:1102.6f.
(a) On or after January 1, 2021, in addition to any other disclosure required pursuant to this article, the seller of any real property subject to this article that is located in a high or 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 a disclosure notice to the(A)Roof of asphalt composition, metal, or tile.
(B)Vents with metal mesh with openings no smaller than one-eighth inch and no larger than one-quarter inch.
(C)Vents in eaves and cornices with baffles designed to block embers.
(D)Enclosed eaves.
(E)Covered soffits.
(F)Exterior
walls made of stucco, fiber cement wall siding, or fire-retardant treated wood.
(G)Decks and surfaces within 10 feet of the home made of fire-retardant treated wood or noncombustible materials such as concrete, stone, or brick.
(H)Rain gutters screened or enclosed to prevent accumulation of plant debris.
(I)Patio covers made of asphalt composition, metal, or tile.
(J)Chimney or stovepipe outlets shielded with metal screen with openings no smaller than three-eighths inch and no larger than one-half inch.
(K)Fences built or rebuilt using fire-retardant treated wood or noncombustible fence materials such as metal, stucco, or brick.
SEC. 3.
Section 1102.19 is added to the Civil Code, to read:1102.19.
(a) On and after July 1, 2021, a seller of a real property subject to this article that is located in a high or 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 buyerAs used in this division:
(a)“Eligible building” means a building existing as of January 1, 2020, and containing not more than one unit that is intended for human habitation located within 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.
(b)“Eligible costs” means all costs, including costs of design, preparation, and inspection, incurred in the following:
(1)Replacing or installing the following:
(A)Ember-resistant vents.
(B)Fire-resistant roofing.
(C)Fire-resistant siding.
(D)Fire-resistant eaves.
(E)Fire-resistant soffits.
(F)Fire-resistant windows.
(G)Fuel cells or other solar storage systems, excluding gasoline-powered or diesel-powered equipment.
(2)Establishing a noncombustible zone of five feet around an eligible building.
(3)Tree removal and trimming within 100 feet of an eligible building.
(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:
(1)No- and low-interest loans to a person who owns an eligible building and has an income level up to 120 percent of the area median income.
(2)Rebates for up to 80 percent of the cost of the retrofit to a person who owns an
eligible building and has an income level up to 80 percent of the area median income.
(b)Financing provided by a local agency pursuant to this division shall not, when combined with existing liens on the property, exceed 80 percent of the current appraised value of the property, as determined by an independent, certified appraiser, unless existing lienholders consent in writing to a higher loan-to-value ratio. Notice of the intention to provide financing to the owner of the property shall be given to existing lienholders of record not less than 30 days before any vote of the local agency authorizing the provision of financing to the owner of the property.
(c)The California Statewide Communities Development Authority shall develop guidelines for the financing assistance and rebates
provided pursuant to this section.