AB 38

  • California Assembly Bill
  • 2019-2020 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 23, 2019
  • Passed Senate Sep 11, 2019
  • Signed by Governor Oct 02, 2019

Fire safety: low-cost retrofits: regional capacity review: wildfire mitigation.

Abstract

(1) Existing law requires the Director of Forestry and Fire Protection to designate specified areas as very high fire hazard severity zones and requires a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, brush-covered lands, grass-covered lands, or land that is covered with flammable material to take specified measures to protect that building or structure from wildfires. This bill would require the Natural Resources Agency, by July 1, 2021, and in consultation with the State Fire Marshal and the Forest Management Task Force, to review the regional capacity of each county that contains a very high fire hazard severity zone to improve forest health, fire resilience, and safety, as specified. The bill would require the Natural Resources Agency to make the review publicly available on its internet website. On or after July 1, 2021, the bill would require a seller of real property located in a high or very high fire hazard severity zone to provide specified documentation to the buyer that the real property is in compliance with the wildfire protection measures described above or a local vegetation management ordinance, or enter into an agreement with the buyer pursuant to which the buyer will obtain documentation of compliance, as provided. (2) Existing law requires the State Fire Marshal, by January 31, 2020, to develop a list of low-cost retrofits that provide for comprehensive site and structure fire risk reduction to protect structures from fires spreading from adjacent structures or vegetation and to protect vegetation from fires spreading from adjacent structures. This bill, on or after January 1, 2021, would require the seller of any real property located in a high or very high fire hazard severity zone to provide a prescribed disclosure notice to the buyer, if the home was constructed before January 1, 2020, of information relating to fire hardening improvements on the property and a list of specified features that may make the home vulnerable to wildfire and flying embers and which features, if any, that exist on the home of which the seller is aware. The bill, on or after July 1, 2025, would require the disclosure notice to also include the State Fire Marshal's list of low-cost retrofits. The bill would also require a seller who has obtained a specified final inspection report to provide to the buyer a copy of that report or information on where a copy may be obtained. (3) Existing law establishes, within the office of the Governor, the Office of Emergency Services, under the direction of the Director of Emergency Services. Existing law charges the Office of Emergency Services with coordinating various emergency activities within the state. The Joint Exercise of Powers Act authorizes 2 or more public agencies, if authorized by their legislative or other governing bodies, to enter into an agreement to jointly exercise any power common to the contracting parties, as provided. That act requires, among other things, that the agreement state the purpose of agreement or power to be exercised and provides for the method by which the purpose will be accomplished or the manner in which the power will be exercised. This bill would require the Office of Emergency Services to enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act with the Department of Forestry and Fire Protection to develop and administer a comprehensive wildfire mitigation program to, among other things, encourage cost-effective structure hardening and retrofitting to create fire-resistant homes, businesses, and public buildings. The bill would require the State Fire Marshal, in consultation with specified state officials, to identify building retrofits and structure hardening measures, and the Department of Forestry and Fire Protection to identify defensible space, vegetation management, and fuel modification activities, that are eligible for financial assistance under the program. The bill would specify the types of designated wildfire hazard areas eligible for funding under the program. The bill would authorize the joint powers authority administering the program to accept federal funds for the bill's purposes. The bill would require the joint powers authority to develop criteria and a scoring methodology to prioritize financial assistance provided through the program based on specific factors. The bill would impose specified reporting requirements on the joint powers authority and authorize it to enter into cooperative agreements with other federal, state, regional, and local agencies. The bill would make the operation of the program contingent upon an appropriation by the Legislature and would repeal the program's provisions on July 1, 2025.

Bill Sponsors (3)

Votes


Actions


Oct 02, 2019

California State Legislature

Approved by the Governor.

California State Legislature

Chaptered by Secretary of State - Chapter 391, Statutes of 2019.

Sep 26, 2019

California State Legislature

Enrolled and presented to the Governor at 4 p.m.

Sep 14, 2019

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3608.).

Sep 13, 2019

Assembly

From committee: That the Senate amendments be concurred in, but first be re-referred to Com. on NAT. RES. (Ayes 17. Noes 0.) (September 13). Re-referred to Com. on NAT. RES.

  • Committee-Passage
  • Referral-Committee
Com. on NAT. RES. (Ayes 17. Noes 0.) (September 13). Re-referred to Com. on NAT. RES.

Assembly

From committee: That the Senate amendments be concurred in. (Ayes 9. Noes 0.) (September 13).

Assembly

Joint Rule 62(a), file notice suspended. (Page 3552.)

Sep 12, 2019

Assembly

Joint Rule 62(a), file notice suspended. (Page 3512.)

Assembly

Re-referred to Coms. on G.O. and NAT. RES. pursuant to Assembly Rule 77.2.

  • Referral-Committee
Coms. on G.O. and NAT. RES. pursuant to Assembly Rule 77.2.

Sep 11, 2019

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 2. Page 2860.).

Assembly

In Assembly. Concurrence in Senate amendments pending.

Sep 09, 2019

Senate

Read second time. Ordered to third reading.

Sep 06, 2019

Senate

Read third time and amended. Ordered to second reading.

Sep 03, 2019

Senate

Read second time. Ordered to third reading.

Aug 30, 2019

Senate

Read second time and amended. Ordered returned to second reading.

Senate

From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (August 30).

Aug 12, 2019

Senate

In committee: Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Jul 09, 2019

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 1.) (July 9). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

Jul 01, 2019

Senate

Read second time and amended. Re-referred to Com. on G.O.

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
Com. on G.O.

Jun 27, 2019

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on G.O. (Ayes 8. Noes 1.) (June 25).

Jun 18, 2019

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Amendment-Introduction
Com. on N.R. & W.

Jun 06, 2019

Senate

Referred to Coms. on N.R. & W. and G.O.

  • Referral-Committee
Coms. on N.R. & W. and G.O.

May 24, 2019

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

May 23, 2019

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 2. Page 1915.)

May 20, 2019

Assembly

Read second time. Ordered to third reading.

May 16, 2019

Assembly

Read second time and amended. Ordered returned to second reading.

Assembly

From committee: Amend, and do pass as amended. (Ayes 14. Noes 1.) (May 16).

May 08, 2019

Assembly

In committee: Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

May 01, 2019

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Apr 30, 2019

Assembly

Read second time and amended.

Apr 29, 2019

Assembly

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (April 22).

Apr 22, 2019

Assembly

Re-referred to Com. on NAT. RES.

  • Referral-Committee
Com. on NAT. RES.

Apr 11, 2019

Assembly

Re-referred to Com. on NAT. RES.

  • Referral-Committee
Com. on NAT. RES.

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

Apr 10, 2019

Assembly

Read second time and amended.

Apr 09, 2019

Assembly

From committee: Amend, and do pass as amended and re-refer to Com. on NAT. RES. (Ayes 14. Noes 1.) (April 3).

Mar 25, 2019

Assembly

Re-referred to Com. on G.O.

  • Referral-Committee
Com. on G.O.

Mar 21, 2019

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended.

Jan 24, 2019

Assembly

Referred to Coms. on G.O. and NAT. RES.

  • Referral-Committee
Coms. on G.O. and NAT. RES.

Dec 04, 2018

Assembly

From printer. May be heard in committee January 3.

Dec 03, 2018

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB38 HTML
12/03/18 - Introduced PDF
03/21/19 - Amended Assembly PDF
04/10/19 - Amended Assembly PDF
04/11/19 - Amended Assembly PDF
04/30/19 - Amended Assembly PDF
05/16/19 - Amended Assembly PDF
06/18/19 - Amended Senate PDF
07/01/19 - Amended Senate PDF
08/30/19 - Amended Senate PDF
09/06/19 - Amended Senate PDF
09/20/19 - Enrolled PDF
10/02/19 - Chaptered PDF

Related Documents

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Sources

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