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1 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2672Introduced by Assembly Member FloraFebruary 18, 2022 An act to amend Section 1102.19 of the Civil Code, and to add Section 4291.7 to the Public Resources Code, relating to fire prevention. LEGISLATIVE COUNSEL'S DIGESTAB 2672, as introduced, Flora. Fire prevention: defensible space inspections: statewide defensible space and home hardening platform.Existing law requires a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, shrub-covered lands, grass-covered lands, or land that is covered with flammable material, to at all times maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as provided. Existing law requires a seller of real property that is located in a high or very high fire hazard severity zone to provide the buyer documentation stating that the property is in compliance with that defensible space requirement. This bill would require the Director of Forestry and Fire Protection, on or before July 1, 2023, using existing specified funds, to procure or establish a statewide defensible space and home hardening platform that would allow property owners to support and augment the Department of Forestry and Fire Protection in defensible space inspection requests, as provided. The bill would require the platform to have specified features, including a functionality that would allow for live video and audio interaction between a fire safety official and a property owner. The bill would require the director to establish any necessary quality control measures to ensure that the inspection information that is shared on the platform is accurate, reliable, and auditable. On and after July 1, 2023, the bill would authorize a seller of real property to use the platform for purposes of providing specified documentation relating to defensible space requirements, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following: (a) California continues to face deadly fire seasons and that danger requires a continued focus on vegetation management and defensible space efforts, which are key cost-effective and proven efforts for reducing fire safety danger facing our state.(b) Providing homeowners and fire safety officials modern tools to implement Californias defensible space safety measures is needed to ensure expeditious protection of existing homes and combating the wildfires our state faces each year.(c) Well-established technology already being used in related industries can be and should be implemented with the defensible space safety efforts to assist both homeowners and fire safety officials.(d) Modern technology can increase efficiency of resources, including saving staff time, and consistency of the information and data collected, and allow for homeowners a path to hasten the reviews needed, and must be established and implemented statewide.(e) Consistency for property owners and fire safety officials is key for the successful implementation of Aseembly Bill 38 (2019) and Senate Bill 63 (2021). A technology tool should also be applicable for both efforts. SEC. 2. Section 1102.19 of the Civil Code is amended 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 buyer documentation stating that the property is in compliance with Section 4291 of the Public Resources Code or local vegetation management ordinances, as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner of real property to obtain documentation that the property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the seller shall provide the buyer with a copy of the documentation that complies with the requirements of that local ordinance and information on the local agency from which a copy of that documentation may be obtained.(2) In a local jurisdiction that has not enacted an ordinance for an owner of real property to obtain documentation that a property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the seller shall provide the buyer with the documentation obtained in the six-month period preceding the date the seller enters into a transaction to sell that real property and provide information on the local agency from which a copy of that documentation may be obtained.(b) On and after July 1, 2021, if the seller of a real property described in subdivision (a) has not obtained documentation of compliance in accordance with paragraph (1) or (2) of subdivision (a), the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner or buyer to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the buyer shall comply with that ordinance.(2) In a local jurisdiction that has not enacted an ordinance requiring an owner or buyer to obtain documentation of compliance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the buyer shall obtain documentation of compliance within one year of the date of the close of escrow.(c) Nothing in this section, including the existence of an agreement between a buyer and seller pursuant to subdivision (b), shall limit the ability of a state or local agency to enforce defensible space requirements pursuant to Section 51182 of the Government Code, Section 4291 of the Public Resources Code, or other applicable statutes, regulations, and local ordinances.(d) On and after July 1, 2023, the seller of real property described in subdivision (a) may use the defensible space and home hardening platform established pursuant to Section 4291.7 of the Public Resources Code for purposes of providing the documentation required in subdivision (a).SEC. 3. Section 4291.7 is added to the Public Resources Code, to read:4291.7. (a) For purposes of this section, defensible space and home hardening platform or platform shall mean a cloud-based online platform, which includes a collaborative portal that allows fire safety officials to digitally engage with property owners.(b) On or before July 1, 2023, the director shall procure or establish a statewide defensible space and home hardening platform that would allow property owners to support and augment the department in defensible space inspection requests and provide documentation of compliance required pursuant to Section 1102.19 of the Civil Code. (c) The platform shall do both of the following:(1) Enable property owners to submit inspection requests.(2) Provide for real-time or self-guided desk inspections by fire safety officials, for the fire safety official to review video and photo remotely in order to minimize deploying onsite visits.(d) The platform may be used by any fire safety officials in California in order to promote consistency of data collection standards and consistency of inspections for property owners.(e) At a minimum, the platform shall have all of the following features:(1) Accept and deliver inspection requests to the property owner via text message and email.(2) Allow for secure online access via personal computer or mobile device, for property owners with internet access, without the need to install special software or applications to access the online platform by the property owner.(3) Support multiple languages, including, at a minimum, English and Spanish.(4) Provide for end user licensing agreements, and customary or required legal notices, including privacy, related to the use of the online platform and associated information(5) Include functionality that allows for live video and audio interaction between the fire safety official and the property owner onsite.(6) Allow a fire safety official to remotely guide and direct the property owner to collect information, including videos and images, necessary for property inspection.(7) Allow for ordering aerial views of the property from a top-down perspective, including defensible space zones.(8) Produce automated image analytics that can assist the fire safety official in identifying home hardening needs.(9) Allow chat and messaging options so the fire safety official can communicate home hardening suggestions and request additional information from the property owner after the inspection.(10) Capture and store interactions, documents, imagery, and videos within a centralized location.(11) Include functionality that can support authentication of user-supplied images by authenticating images with date, time, and location-based data and original content checks.(12) Provide measurement capability to support determination of property exposure and risk level to wildfires.(f) The director shall establish any necessary quality control measures to ensure that the inspection information that is shared on the platform is accurate, reliable, and auditable.(g) The department may require the platform to be used in conjunction with Section 4291.6.(h) Any costs to establish or procure the platform pursuant to this section shall come from the existing funds made available to the department from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. | |
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3 | - | ||
3 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2672Introduced by Assembly Member FloraFebruary 18, 2022 An act to amend Section 1102.19 of the Civil Code, and to add Section 4291.7 to the Public Resources Code, relating to fire prevention. LEGISLATIVE COUNSEL'S DIGESTAB 2672, as introduced, Flora. Fire prevention: defensible space inspections: statewide defensible space and home hardening platform.Existing law requires a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, shrub-covered lands, grass-covered lands, or land that is covered with flammable material, to at all times maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as provided. Existing law requires a seller of real property that is located in a high or very high fire hazard severity zone to provide the buyer documentation stating that the property is in compliance with that defensible space requirement. This bill would require the Director of Forestry and Fire Protection, on or before July 1, 2023, using existing specified funds, to procure or establish a statewide defensible space and home hardening platform that would allow property owners to support and augment the Department of Forestry and Fire Protection in defensible space inspection requests, as provided. The bill would require the platform to have specified features, including a functionality that would allow for live video and audio interaction between a fire safety official and a property owner. The bill would require the director to establish any necessary quality control measures to ensure that the inspection information that is shared on the platform is accurate, reliable, and auditable. On and after July 1, 2023, the bill would authorize a seller of real property to use the platform for purposes of providing specified documentation relating to defensible space requirements, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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5 | - | Amended IN Assembly April 28, 2022 | |
6 | 5 | ||
7 | - | Amended IN Assembly April 28, 2022 | |
6 | + | ||
7 | + | ||
8 | 8 | ||
9 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
10 | 10 | ||
11 | 11 | Assembly Bill | |
12 | 12 | ||
13 | 13 | No. 2672 | |
14 | 14 | ||
15 | 15 | Introduced by Assembly Member FloraFebruary 18, 2022 | |
16 | 16 | ||
17 | 17 | Introduced by Assembly Member Flora | |
18 | 18 | February 18, 2022 | |
19 | 19 | ||
20 | 20 | An act to amend Section 1102.19 of the Civil Code, and to add Section 4291.7 to the Public Resources Code, relating to fire prevention. | |
21 | 21 | ||
22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
23 | 23 | ||
24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
25 | 25 | ||
26 | - | AB 2672, as | |
26 | + | AB 2672, as introduced, Flora. Fire prevention: defensible space inspections: statewide defensible space and home hardening platform. | |
27 | 27 | ||
28 | - | Existing law requires a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, shrub-covered lands, grass-covered lands, or land that is covered with flammable material, to at all times maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as provided. Existing law requires a seller of real property that is located in a high or very high fire hazard severity zone to provide the buyer documentation stating that the property is in compliance with that defensible space requirement. This bill would require | |
28 | + | Existing law requires a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, shrub-covered lands, grass-covered lands, or land that is covered with flammable material, to at all times maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as provided. Existing law requires a seller of real property that is located in a high or very high fire hazard severity zone to provide the buyer documentation stating that the property is in compliance with that defensible space requirement. This bill would require the Director of Forestry and Fire Protection, on or before July 1, 2023, using existing specified funds, to procure or establish a statewide defensible space and home hardening platform that would allow property owners to support and augment the Department of Forestry and Fire Protection in defensible space inspection requests, as provided. The bill would require the platform to have specified features, including a functionality that would allow for live video and audio interaction between a fire safety official and a property owner. The bill would require the director to establish any necessary quality control measures to ensure that the inspection information that is shared on the platform is accurate, reliable, and auditable. On and after July 1, 2023, the bill would authorize a seller of real property to use the platform for purposes of providing specified documentation relating to defensible space requirements, as provided. | |
29 | 29 | ||
30 | 30 | Existing law requires a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, shrub-covered lands, grass-covered lands, or land that is covered with flammable material, to at all times maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as provided. Existing law requires a seller of real property that is located in a high or very high fire hazard severity zone to provide the buyer documentation stating that the property is in compliance with that defensible space requirement. | |
31 | 31 | ||
32 | - | This bill would require | |
32 | + | This bill would require the Director of Forestry and Fire Protection, on or before July 1, 2023, using existing specified funds, to procure or establish a statewide defensible space and home hardening platform that would allow property owners to support and augment the Department of Forestry and Fire Protection in defensible space inspection requests, as provided. The bill would require the platform to have specified features, including a functionality that would allow for live video and audio interaction between a fire safety official and a property owner. The bill would require the director to establish any necessary quality control measures to ensure that the inspection information that is shared on the platform is accurate, reliable, and auditable. On and after July 1, 2023, the bill would authorize a seller of real property to use the platform for purposes of providing specified documentation relating to defensible space requirements, as provided. | |
33 | 33 | ||
34 | 34 | ## Digest Key | |
35 | 35 | ||
36 | 36 | ## Bill Text | |
37 | 37 | ||
38 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following: (a) California continues to face deadly fire seasons and that danger requires a continued focus on vegetation management and defensible space efforts, which are key cost-effective and proven efforts for reducing fire safety danger facing our state.(b) Providing homeowners and fire safety officials modern tools to implement Californias defensible space safety measures is needed to ensure expeditious protection of existing homes and combating the wildfires our state faces each year.(c) Well-established technology already being used in related industries can be and should be implemented with the defensible space safety efforts to assist both homeowners and fire safety officials.(d) Modern technology can increase efficiency of resources, including saving staff time, and consistency of the information and data collected, and allow for homeowners a path to hasten the reviews needed, and must be established and implemented statewide.(e) Consistency for property owners and fire safety officials is key for the successful implementation of Aseembly | |
38 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following: (a) California continues to face deadly fire seasons and that danger requires a continued focus on vegetation management and defensible space efforts, which are key cost-effective and proven efforts for reducing fire safety danger facing our state.(b) Providing homeowners and fire safety officials modern tools to implement Californias defensible space safety measures is needed to ensure expeditious protection of existing homes and combating the wildfires our state faces each year.(c) Well-established technology already being used in related industries can be and should be implemented with the defensible space safety efforts to assist both homeowners and fire safety officials.(d) Modern technology can increase efficiency of resources, including saving staff time, and consistency of the information and data collected, and allow for homeowners a path to hasten the reviews needed, and must be established and implemented statewide.(e) Consistency for property owners and fire safety officials is key for the successful implementation of Aseembly Bill 38 (2019) and Senate Bill 63 (2021). A technology tool should also be applicable for both efforts. SEC. 2. Section 1102.19 of the Civil Code is amended 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 buyer documentation stating that the property is in compliance with Section 4291 of the Public Resources Code or local vegetation management ordinances, as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner of real property to obtain documentation that the property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the seller shall provide the buyer with a copy of the documentation that complies with the requirements of that local ordinance and information on the local agency from which a copy of that documentation may be obtained.(2) In a local jurisdiction that has not enacted an ordinance for an owner of real property to obtain documentation that a property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the seller shall provide the buyer with the documentation obtained in the six-month period preceding the date the seller enters into a transaction to sell that real property and provide information on the local agency from which a copy of that documentation may be obtained.(b) On and after July 1, 2021, if the seller of a real property described in subdivision (a) has not obtained documentation of compliance in accordance with paragraph (1) or (2) of subdivision (a), the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner or buyer to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the buyer shall comply with that ordinance.(2) In a local jurisdiction that has not enacted an ordinance requiring an owner or buyer to obtain documentation of compliance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the buyer shall obtain documentation of compliance within one year of the date of the close of escrow.(c) Nothing in this section, including the existence of an agreement between a buyer and seller pursuant to subdivision (b), shall limit the ability of a state or local agency to enforce defensible space requirements pursuant to Section 51182 of the Government Code, Section 4291 of the Public Resources Code, or other applicable statutes, regulations, and local ordinances.(d) On and after July 1, 2023, the seller of real property described in subdivision (a) may use the defensible space and home hardening platform established pursuant to Section 4291.7 of the Public Resources Code for purposes of providing the documentation required in subdivision (a).SEC. 3. Section 4291.7 is added to the Public Resources Code, to read:4291.7. (a) For purposes of this section, defensible space and home hardening platform or platform shall mean a cloud-based online platform, which includes a collaborative portal that allows fire safety officials to digitally engage with property owners.(b) On or before July 1, 2023, the director shall procure or establish a statewide defensible space and home hardening platform that would allow property owners to support and augment the department in defensible space inspection requests and provide documentation of compliance required pursuant to Section 1102.19 of the Civil Code. (c) The platform shall do both of the following:(1) Enable property owners to submit inspection requests.(2) Provide for real-time or self-guided desk inspections by fire safety officials, for the fire safety official to review video and photo remotely in order to minimize deploying onsite visits.(d) The platform may be used by any fire safety officials in California in order to promote consistency of data collection standards and consistency of inspections for property owners.(e) At a minimum, the platform shall have all of the following features:(1) Accept and deliver inspection requests to the property owner via text message and email.(2) Allow for secure online access via personal computer or mobile device, for property owners with internet access, without the need to install special software or applications to access the online platform by the property owner.(3) Support multiple languages, including, at a minimum, English and Spanish.(4) Provide for end user licensing agreements, and customary or required legal notices, including privacy, related to the use of the online platform and associated information(5) Include functionality that allows for live video and audio interaction between the fire safety official and the property owner onsite.(6) Allow a fire safety official to remotely guide and direct the property owner to collect information, including videos and images, necessary for property inspection.(7) Allow for ordering aerial views of the property from a top-down perspective, including defensible space zones.(8) Produce automated image analytics that can assist the fire safety official in identifying home hardening needs.(9) Allow chat and messaging options so the fire safety official can communicate home hardening suggestions and request additional information from the property owner after the inspection.(10) Capture and store interactions, documents, imagery, and videos within a centralized location.(11) Include functionality that can support authentication of user-supplied images by authenticating images with date, time, and location-based data and original content checks.(12) Provide measurement capability to support determination of property exposure and risk level to wildfires.(f) The director shall establish any necessary quality control measures to ensure that the inspection information that is shared on the platform is accurate, reliable, and auditable.(g) The department may require the platform to be used in conjunction with Section 4291.6.(h) Any costs to establish or procure the platform pursuant to this section shall come from the existing funds made available to the department from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. | |
39 | 39 | ||
40 | 40 | The people of the State of California do enact as follows: | |
41 | 41 | ||
42 | 42 | ## The people of the State of California do enact as follows: | |
43 | 43 | ||
44 | - | SECTION 1. The Legislature finds and declares all of the following: (a) California continues to face deadly fire seasons and that danger requires a continued focus on vegetation management and defensible space efforts, which are key cost-effective and proven efforts for reducing fire safety danger facing our state.(b) Providing homeowners and fire safety officials modern tools to implement Californias defensible space safety measures is needed to ensure expeditious protection of existing homes and combating the wildfires our state faces each year.(c) Well-established technology already being used in related industries can be and should be implemented with the defensible space safety efforts to assist both homeowners and fire safety officials.(d) Modern technology can increase efficiency of resources, including saving staff time, and consistency of the information and data collected, and allow for homeowners a path to hasten the reviews needed, and must be established and implemented statewide.(e) Consistency for property owners and fire safety officials is key for the successful implementation of Aseembly | |
44 | + | SECTION 1. The Legislature finds and declares all of the following: (a) California continues to face deadly fire seasons and that danger requires a continued focus on vegetation management and defensible space efforts, which are key cost-effective and proven efforts for reducing fire safety danger facing our state.(b) Providing homeowners and fire safety officials modern tools to implement Californias defensible space safety measures is needed to ensure expeditious protection of existing homes and combating the wildfires our state faces each year.(c) Well-established technology already being used in related industries can be and should be implemented with the defensible space safety efforts to assist both homeowners and fire safety officials.(d) Modern technology can increase efficiency of resources, including saving staff time, and consistency of the information and data collected, and allow for homeowners a path to hasten the reviews needed, and must be established and implemented statewide.(e) Consistency for property owners and fire safety officials is key for the successful implementation of Aseembly Bill 38 (2019) and Senate Bill 63 (2021). A technology tool should also be applicable for both efforts. | |
45 | 45 | ||
46 | - | SECTION 1. The Legislature finds and declares all of the following: (a) California continues to face deadly fire seasons and that danger requires a continued focus on vegetation management and defensible space efforts, which are key cost-effective and proven efforts for reducing fire safety danger facing our state.(b) Providing homeowners and fire safety officials modern tools to implement Californias defensible space safety measures is needed to ensure expeditious protection of existing homes and combating the wildfires our state faces each year.(c) Well-established technology already being used in related industries can be and should be implemented with the defensible space safety efforts to assist both homeowners and fire safety officials.(d) Modern technology can increase efficiency of resources, including saving staff time, and consistency of the information and data collected, and allow for homeowners a path to hasten the reviews needed, and must be established and implemented statewide.(e) Consistency for property owners and fire safety officials is key for the successful implementation of Aseembly | |
46 | + | SECTION 1. The Legislature finds and declares all of the following: (a) California continues to face deadly fire seasons and that danger requires a continued focus on vegetation management and defensible space efforts, which are key cost-effective and proven efforts for reducing fire safety danger facing our state.(b) Providing homeowners and fire safety officials modern tools to implement Californias defensible space safety measures is needed to ensure expeditious protection of existing homes and combating the wildfires our state faces each year.(c) Well-established technology already being used in related industries can be and should be implemented with the defensible space safety efforts to assist both homeowners and fire safety officials.(d) Modern technology can increase efficiency of resources, including saving staff time, and consistency of the information and data collected, and allow for homeowners a path to hasten the reviews needed, and must be established and implemented statewide.(e) Consistency for property owners and fire safety officials is key for the successful implementation of Aseembly Bill 38 (2019) and Senate Bill 63 (2021). A technology tool should also be applicable for both efforts. | |
47 | 47 | ||
48 | 48 | SECTION 1. The Legislature finds and declares all of the following: | |
49 | 49 | ||
50 | 50 | ### SECTION 1. | |
51 | 51 | ||
52 | 52 | (a) California continues to face deadly fire seasons and that danger requires a continued focus on vegetation management and defensible space efforts, which are key cost-effective and proven efforts for reducing fire safety danger facing our state. | |
53 | 53 | ||
54 | 54 | (b) Providing homeowners and fire safety officials modern tools to implement Californias defensible space safety measures is needed to ensure expeditious protection of existing homes and combating the wildfires our state faces each year. | |
55 | 55 | ||
56 | 56 | (c) Well-established technology already being used in related industries can be and should be implemented with the defensible space safety efforts to assist both homeowners and fire safety officials. | |
57 | 57 | ||
58 | 58 | (d) Modern technology can increase efficiency of resources, including saving staff time, and consistency of the information and data collected, and allow for homeowners a path to hasten the reviews needed, and must be established and implemented statewide. | |
59 | 59 | ||
60 | - | (e) Consistency for property owners and fire safety officials is key for the successful implementation of Aseembly | |
60 | + | (e) Consistency for property owners and fire safety officials is key for the successful implementation of Aseembly Bill 38 (2019) and Senate Bill 63 (2021). A technology tool should also be applicable for both efforts. | |
61 | 61 | ||
62 | - | SEC. 2. Section 1102.19 of the Civil Code is amended 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 buyer documentation stating that the property is in compliance with Section 4291 of the Public Resources Code or local vegetation management ordinances, as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner of real property to obtain documentation that the property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the seller shall provide the buyer with a copy of the documentation that complies with the requirements of that local ordinance and information on the local agency from which a copy of that documentation may be obtained.(2) In a local jurisdiction that has not enacted an ordinance for an owner of real property to obtain documentation that a property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the seller shall provide the buyer with the documentation obtained in the six-month period preceding the date the seller enters into a transaction to sell that real property and provide information on the local agency from which a copy of that documentation may be obtained.(b) On and after July 1, 2021, if the seller of a real property described in subdivision (a) has not obtained documentation of compliance in accordance with paragraph (1) or (2) of subdivision (a), the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner or buyer to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the buyer shall comply with that ordinance.(2) In a local jurisdiction that has not enacted an ordinance requiring an owner or buyer to obtain documentation of compliance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the buyer shall obtain documentation of compliance within one year of the date of the close of escrow.(c) Nothing in this section, including the existence of an agreement between a buyer and seller pursuant to subdivision (b), shall limit the ability of a state or local agency to enforce defensible space requirements pursuant to Section 51182 of the Government Code, Section 4291 of the Public Resources Code, or other applicable statutes, regulations, and local ordinances.(d) On and after July 1, 2023, | |
62 | + | SEC. 2. Section 1102.19 of the Civil Code is amended 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 buyer documentation stating that the property is in compliance with Section 4291 of the Public Resources Code or local vegetation management ordinances, as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner of real property to obtain documentation that the property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the seller shall provide the buyer with a copy of the documentation that complies with the requirements of that local ordinance and information on the local agency from which a copy of that documentation may be obtained.(2) In a local jurisdiction that has not enacted an ordinance for an owner of real property to obtain documentation that a property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the seller shall provide the buyer with the documentation obtained in the six-month period preceding the date the seller enters into a transaction to sell that real property and provide information on the local agency from which a copy of that documentation may be obtained.(b) On and after July 1, 2021, if the seller of a real property described in subdivision (a) has not obtained documentation of compliance in accordance with paragraph (1) or (2) of subdivision (a), the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner or buyer to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the buyer shall comply with that ordinance.(2) In a local jurisdiction that has not enacted an ordinance requiring an owner or buyer to obtain documentation of compliance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the buyer shall obtain documentation of compliance within one year of the date of the close of escrow.(c) Nothing in this section, including the existence of an agreement between a buyer and seller pursuant to subdivision (b), shall limit the ability of a state or local agency to enforce defensible space requirements pursuant to Section 51182 of the Government Code, Section 4291 of the Public Resources Code, or other applicable statutes, regulations, and local ordinances.(d) On and after July 1, 2023, the seller of real property described in subdivision (a) may use the defensible space and home hardening platform established pursuant to Section 4291.7 of the Public Resources Code for purposes of providing the documentation required in subdivision (a). | |
63 | 63 | ||
64 | 64 | SEC. 2. Section 1102.19 of the Civil Code is amended to read: | |
65 | 65 | ||
66 | 66 | ### SEC. 2. | |
67 | 67 | ||
68 | - | 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 buyer documentation stating that the property is in compliance with Section 4291 of the Public Resources Code or local vegetation management ordinances, as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner of real property to obtain documentation that the property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the seller shall provide the buyer with a copy of the documentation that complies with the requirements of that local ordinance and information on the local agency from which a copy of that documentation may be obtained.(2) In a local jurisdiction that has not enacted an ordinance for an owner of real property to obtain documentation that a property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the seller shall provide the buyer with the documentation obtained in the six-month period preceding the date the seller enters into a transaction to sell that real property and provide information on the local agency from which a copy of that documentation may be obtained.(b) On and after July 1, 2021, if the seller of a real property described in subdivision (a) has not obtained documentation of compliance in accordance with paragraph (1) or (2) of subdivision (a), the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner or buyer to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the buyer shall comply with that ordinance.(2) In a local jurisdiction that has not enacted an ordinance requiring an owner or buyer to obtain documentation of compliance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the buyer shall obtain documentation of compliance within one year of the date of the close of escrow.(c) Nothing in this section, including the existence of an agreement between a buyer and seller pursuant to subdivision (b), shall limit the ability of a state or local agency to enforce defensible space requirements pursuant to Section 51182 of the Government Code, Section 4291 of the Public Resources Code, or other applicable statutes, regulations, and local ordinances.(d) On and after July 1, 2023, | |
68 | + | 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 buyer documentation stating that the property is in compliance with Section 4291 of the Public Resources Code or local vegetation management ordinances, as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner of real property to obtain documentation that the property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the seller shall provide the buyer with a copy of the documentation that complies with the requirements of that local ordinance and information on the local agency from which a copy of that documentation may be obtained.(2) In a local jurisdiction that has not enacted an ordinance for an owner of real property to obtain documentation that a property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the seller shall provide the buyer with the documentation obtained in the six-month period preceding the date the seller enters into a transaction to sell that real property and provide information on the local agency from which a copy of that documentation may be obtained.(b) On and after July 1, 2021, if the seller of a real property described in subdivision (a) has not obtained documentation of compliance in accordance with paragraph (1) or (2) of subdivision (a), the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner or buyer to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the buyer shall comply with that ordinance.(2) In a local jurisdiction that has not enacted an ordinance requiring an owner or buyer to obtain documentation of compliance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the buyer shall obtain documentation of compliance within one year of the date of the close of escrow.(c) Nothing in this section, including the existence of an agreement between a buyer and seller pursuant to subdivision (b), shall limit the ability of a state or local agency to enforce defensible space requirements pursuant to Section 51182 of the Government Code, Section 4291 of the Public Resources Code, or other applicable statutes, regulations, and local ordinances.(d) On and after July 1, 2023, the seller of real property described in subdivision (a) may use the defensible space and home hardening platform established pursuant to Section 4291.7 of the Public Resources Code for purposes of providing the documentation required in subdivision (a). | |
69 | 69 | ||
70 | - | 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 buyer documentation stating that the property is in compliance with Section 4291 of the Public Resources Code or local vegetation management ordinances, as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner of real property to obtain documentation that the property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the seller shall provide the buyer with a copy of the documentation that complies with the requirements of that local ordinance and information on the local agency from which a copy of that documentation may be obtained.(2) In a local jurisdiction that has not enacted an ordinance for an owner of real property to obtain documentation that a property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the seller shall provide the buyer with the documentation obtained in the six-month period preceding the date the seller enters into a transaction to sell that real property and provide information on the local agency from which a copy of that documentation may be obtained.(b) On and after July 1, 2021, if the seller of a real property described in subdivision (a) has not obtained documentation of compliance in accordance with paragraph (1) or (2) of subdivision (a), the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner or buyer to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the buyer shall comply with that ordinance.(2) In a local jurisdiction that has not enacted an ordinance requiring an owner or buyer to obtain documentation of compliance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the buyer shall obtain documentation of compliance within one year of the date of the close of escrow.(c) Nothing in this section, including the existence of an agreement between a buyer and seller pursuant to subdivision (b), shall limit the ability of a state or local agency to enforce defensible space requirements pursuant to Section 51182 of the Government Code, Section 4291 of the Public Resources Code, or other applicable statutes, regulations, and local ordinances.(d) On and after July 1, 2023, | |
70 | + | 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 buyer documentation stating that the property is in compliance with Section 4291 of the Public Resources Code or local vegetation management ordinances, as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner of real property to obtain documentation that the property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the seller shall provide the buyer with a copy of the documentation that complies with the requirements of that local ordinance and information on the local agency from which a copy of that documentation may be obtained.(2) In a local jurisdiction that has not enacted an ordinance for an owner of real property to obtain documentation that a property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the seller shall provide the buyer with the documentation obtained in the six-month period preceding the date the seller enters into a transaction to sell that real property and provide information on the local agency from which a copy of that documentation may be obtained.(b) On and after July 1, 2021, if the seller of a real property described in subdivision (a) has not obtained documentation of compliance in accordance with paragraph (1) or (2) of subdivision (a), the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner or buyer to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the buyer shall comply with that ordinance.(2) In a local jurisdiction that has not enacted an ordinance requiring an owner or buyer to obtain documentation of compliance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the buyer shall obtain documentation of compliance within one year of the date of the close of escrow.(c) Nothing in this section, including the existence of an agreement between a buyer and seller pursuant to subdivision (b), shall limit the ability of a state or local agency to enforce defensible space requirements pursuant to Section 51182 of the Government Code, Section 4291 of the Public Resources Code, or other applicable statutes, regulations, and local ordinances.(d) On and after July 1, 2023, the seller of real property described in subdivision (a) may use the defensible space and home hardening platform established pursuant to Section 4291.7 of the Public Resources Code for purposes of providing the documentation required in subdivision (a). | |
71 | 71 | ||
72 | - | 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 buyer documentation stating that the property is in compliance with Section 4291 of the Public Resources Code or local vegetation management ordinances, as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner of real property to obtain documentation that the property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the seller shall provide the buyer with a copy of the documentation that complies with the requirements of that local ordinance and information on the local agency from which a copy of that documentation may be obtained.(2) In a local jurisdiction that has not enacted an ordinance for an owner of real property to obtain documentation that a property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the seller shall provide the buyer with the documentation obtained in the six-month period preceding the date the seller enters into a transaction to sell that real property and provide information on the local agency from which a copy of that documentation may be obtained.(b) On and after July 1, 2021, if the seller of a real property described in subdivision (a) has not obtained documentation of compliance in accordance with paragraph (1) or (2) of subdivision (a), the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner or buyer to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the buyer shall comply with that ordinance.(2) In a local jurisdiction that has not enacted an ordinance requiring an owner or buyer to obtain documentation of compliance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the buyer shall obtain documentation of compliance within one year of the date of the close of escrow.(c) Nothing in this section, including the existence of an agreement between a buyer and seller pursuant to subdivision (b), shall limit the ability of a state or local agency to enforce defensible space requirements pursuant to Section 51182 of the Government Code, Section 4291 of the Public Resources Code, or other applicable statutes, regulations, and local ordinances.(d) On and after July 1, 2023, | |
72 | + | 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 buyer documentation stating that the property is in compliance with Section 4291 of the Public Resources Code or local vegetation management ordinances, as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner of real property to obtain documentation that the property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the seller shall provide the buyer with a copy of the documentation that complies with the requirements of that local ordinance and information on the local agency from which a copy of that documentation may be obtained.(2) In a local jurisdiction that has not enacted an ordinance for an owner of real property to obtain documentation that a property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the seller shall provide the buyer with the documentation obtained in the six-month period preceding the date the seller enters into a transaction to sell that real property and provide information on the local agency from which a copy of that documentation may be obtained.(b) On and after July 1, 2021, if the seller of a real property described in subdivision (a) has not obtained documentation of compliance in accordance with paragraph (1) or (2) of subdivision (a), the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance as follows:(1) In a local jurisdiction that has enacted an ordinance requiring an owner or buyer to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the buyer shall comply with that ordinance.(2) In a local jurisdiction that has not enacted an ordinance requiring an owner or buyer to obtain documentation of compliance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the buyer shall obtain documentation of compliance within one year of the date of the close of escrow.(c) Nothing in this section, including the existence of an agreement between a buyer and seller pursuant to subdivision (b), shall limit the ability of a state or local agency to enforce defensible space requirements pursuant to Section 51182 of the Government Code, Section 4291 of the Public Resources Code, or other applicable statutes, regulations, and local ordinances.(d) On and after July 1, 2023, the seller of real property described in subdivision (a) may use the defensible space and home hardening platform established pursuant to Section 4291.7 of the Public Resources Code for purposes of providing the documentation required in subdivision (a). | |
73 | 73 | ||
74 | 74 | ||
75 | 75 | ||
76 | 76 | 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 buyer documentation stating that the property is in compliance with Section 4291 of the Public Resources Code or local vegetation management ordinances, as follows: | |
77 | 77 | ||
78 | 78 | (1) In a local jurisdiction that has enacted an ordinance requiring an owner of real property to obtain documentation that the property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the seller shall provide the buyer with a copy of the documentation that complies with the requirements of that local ordinance and information on the local agency from which a copy of that documentation may be obtained. | |
79 | 79 | ||
80 | 80 | (2) In a local jurisdiction that has not enacted an ordinance for an owner of real property to obtain documentation that a property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the seller shall provide the buyer with the documentation obtained in the six-month period preceding the date the seller enters into a transaction to sell that real property and provide information on the local agency from which a copy of that documentation may be obtained. | |
81 | 81 | ||
82 | 82 | (b) On and after July 1, 2021, if the seller of a real property described in subdivision (a) has not obtained documentation of compliance in accordance with paragraph (1) or (2) of subdivision (a), the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance as follows: | |
83 | 83 | ||
84 | 84 | (1) In a local jurisdiction that has enacted an ordinance requiring an owner or buyer to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the buyer shall comply with that ordinance. | |
85 | 85 | ||
86 | 86 | (2) In a local jurisdiction that has not enacted an ordinance requiring an owner or buyer to obtain documentation of compliance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the buyer shall obtain documentation of compliance within one year of the date of the close of escrow. | |
87 | 87 | ||
88 | 88 | (c) Nothing in this section, including the existence of an agreement between a buyer and seller pursuant to subdivision (b), shall limit the ability of a state or local agency to enforce defensible space requirements pursuant to Section 51182 of the Government Code, Section 4291 of the Public Resources Code, or other applicable statutes, regulations, and local ordinances. | |
89 | 89 | ||
90 | - | (d) On and after July 1, 2023 | |
90 | + | (d) On and after July 1, 2023, the seller of real property described in subdivision (a) may use the defensible space and home hardening platform established pursuant to Section 4291.7 of the Public Resources Code for purposes of providing the documentation required in subdivision (a). | |
91 | 91 | ||
92 | - | SEC. 3. Section 4291.7 is added to the Public Resources Code, to read:4291.7. (a) For purposes of this section, defensible space and home hardening platform or platform shall mean a cloud-based online platform, which includes a collaborative portal that allows fire safety officials to digitally engage with property owners.(b) On or before July 1, 2023, the | |
92 | + | SEC. 3. Section 4291.7 is added to the Public Resources Code, to read:4291.7. (a) For purposes of this section, defensible space and home hardening platform or platform shall mean a cloud-based online platform, which includes a collaborative portal that allows fire safety officials to digitally engage with property owners.(b) On or before July 1, 2023, the director shall procure or establish a statewide defensible space and home hardening platform that would allow property owners to support and augment the department in defensible space inspection requests and provide documentation of compliance required pursuant to Section 1102.19 of the Civil Code. (c) The platform shall do both of the following:(1) Enable property owners to submit inspection requests.(2) Provide for real-time or self-guided desk inspections by fire safety officials, for the fire safety official to review video and photo remotely in order to minimize deploying onsite visits.(d) The platform may be used by any fire safety officials in California in order to promote consistency of data collection standards and consistency of inspections for property owners.(e) At a minimum, the platform shall have all of the following features:(1) Accept and deliver inspection requests to the property owner via text message and email.(2) Allow for secure online access via personal computer or mobile device, for property owners with internet access, without the need to install special software or applications to access the online platform by the property owner.(3) Support multiple languages, including, at a minimum, English and Spanish.(4) Provide for end user licensing agreements, and customary or required legal notices, including privacy, related to the use of the online platform and associated information(5) Include functionality that allows for live video and audio interaction between the fire safety official and the property owner onsite.(6) Allow a fire safety official to remotely guide and direct the property owner to collect information, including videos and images, necessary for property inspection.(7) Allow for ordering aerial views of the property from a top-down perspective, including defensible space zones.(8) Produce automated image analytics that can assist the fire safety official in identifying home hardening needs.(9) Allow chat and messaging options so the fire safety official can communicate home hardening suggestions and request additional information from the property owner after the inspection.(10) Capture and store interactions, documents, imagery, and videos within a centralized location.(11) Include functionality that can support authentication of user-supplied images by authenticating images with date, time, and location-based data and original content checks.(12) Provide measurement capability to support determination of property exposure and risk level to wildfires.(f) The director shall establish any necessary quality control measures to ensure that the inspection information that is shared on the platform is accurate, reliable, and auditable.(g) The department may require the platform to be used in conjunction with Section 4291.6.(h) Any costs to establish or procure the platform pursuant to this section shall come from the existing funds made available to the department from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. | |
93 | 93 | ||
94 | 94 | SEC. 3. Section 4291.7 is added to the Public Resources Code, to read: | |
95 | 95 | ||
96 | 96 | ### SEC. 3. | |
97 | 97 | ||
98 | - | 4291.7. (a) For purposes of this section, defensible space and home hardening platform or platform shall mean a cloud-based online platform, which includes a collaborative portal that allows fire safety officials to digitally engage with property owners.(b) On or before July 1, 2023, the | |
98 | + | 4291.7. (a) For purposes of this section, defensible space and home hardening platform or platform shall mean a cloud-based online platform, which includes a collaborative portal that allows fire safety officials to digitally engage with property owners.(b) On or before July 1, 2023, the director shall procure or establish a statewide defensible space and home hardening platform that would allow property owners to support and augment the department in defensible space inspection requests and provide documentation of compliance required pursuant to Section 1102.19 of the Civil Code. (c) The platform shall do both of the following:(1) Enable property owners to submit inspection requests.(2) Provide for real-time or self-guided desk inspections by fire safety officials, for the fire safety official to review video and photo remotely in order to minimize deploying onsite visits.(d) The platform may be used by any fire safety officials in California in order to promote consistency of data collection standards and consistency of inspections for property owners.(e) At a minimum, the platform shall have all of the following features:(1) Accept and deliver inspection requests to the property owner via text message and email.(2) Allow for secure online access via personal computer or mobile device, for property owners with internet access, without the need to install special software or applications to access the online platform by the property owner.(3) Support multiple languages, including, at a minimum, English and Spanish.(4) Provide for end user licensing agreements, and customary or required legal notices, including privacy, related to the use of the online platform and associated information(5) Include functionality that allows for live video and audio interaction between the fire safety official and the property owner onsite.(6) Allow a fire safety official to remotely guide and direct the property owner to collect information, including videos and images, necessary for property inspection.(7) Allow for ordering aerial views of the property from a top-down perspective, including defensible space zones.(8) Produce automated image analytics that can assist the fire safety official in identifying home hardening needs.(9) Allow chat and messaging options so the fire safety official can communicate home hardening suggestions and request additional information from the property owner after the inspection.(10) Capture and store interactions, documents, imagery, and videos within a centralized location.(11) Include functionality that can support authentication of user-supplied images by authenticating images with date, time, and location-based data and original content checks.(12) Provide measurement capability to support determination of property exposure and risk level to wildfires.(f) The director shall establish any necessary quality control measures to ensure that the inspection information that is shared on the platform is accurate, reliable, and auditable.(g) The department may require the platform to be used in conjunction with Section 4291.6.(h) Any costs to establish or procure the platform pursuant to this section shall come from the existing funds made available to the department from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. | |
99 | 99 | ||
100 | - | 4291.7. (a) For purposes of this section, defensible space and home hardening platform or platform shall mean a cloud-based online platform, which includes a collaborative portal that allows fire safety officials to digitally engage with property owners.(b) On or before July 1, 2023, the | |
100 | + | 4291.7. (a) For purposes of this section, defensible space and home hardening platform or platform shall mean a cloud-based online platform, which includes a collaborative portal that allows fire safety officials to digitally engage with property owners.(b) On or before July 1, 2023, the director shall procure or establish a statewide defensible space and home hardening platform that would allow property owners to support and augment the department in defensible space inspection requests and provide documentation of compliance required pursuant to Section 1102.19 of the Civil Code. (c) The platform shall do both of the following:(1) Enable property owners to submit inspection requests.(2) Provide for real-time or self-guided desk inspections by fire safety officials, for the fire safety official to review video and photo remotely in order to minimize deploying onsite visits.(d) The platform may be used by any fire safety officials in California in order to promote consistency of data collection standards and consistency of inspections for property owners.(e) At a minimum, the platform shall have all of the following features:(1) Accept and deliver inspection requests to the property owner via text message and email.(2) Allow for secure online access via personal computer or mobile device, for property owners with internet access, without the need to install special software or applications to access the online platform by the property owner.(3) Support multiple languages, including, at a minimum, English and Spanish.(4) Provide for end user licensing agreements, and customary or required legal notices, including privacy, related to the use of the online platform and associated information(5) Include functionality that allows for live video and audio interaction between the fire safety official and the property owner onsite.(6) Allow a fire safety official to remotely guide and direct the property owner to collect information, including videos and images, necessary for property inspection.(7) Allow for ordering aerial views of the property from a top-down perspective, including defensible space zones.(8) Produce automated image analytics that can assist the fire safety official in identifying home hardening needs.(9) Allow chat and messaging options so the fire safety official can communicate home hardening suggestions and request additional information from the property owner after the inspection.(10) Capture and store interactions, documents, imagery, and videos within a centralized location.(11) Include functionality that can support authentication of user-supplied images by authenticating images with date, time, and location-based data and original content checks.(12) Provide measurement capability to support determination of property exposure and risk level to wildfires.(f) The director shall establish any necessary quality control measures to ensure that the inspection information that is shared on the platform is accurate, reliable, and auditable.(g) The department may require the platform to be used in conjunction with Section 4291.6.(h) Any costs to establish or procure the platform pursuant to this section shall come from the existing funds made available to the department from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. | |
101 | 101 | ||
102 | - | 4291.7. (a) For purposes of this section, defensible space and home hardening platform or platform shall mean a cloud-based online platform, which includes a collaborative portal that allows fire safety officials to digitally engage with property owners.(b) On or before July 1, 2023, the | |
102 | + | 4291.7. (a) For purposes of this section, defensible space and home hardening platform or platform shall mean a cloud-based online platform, which includes a collaborative portal that allows fire safety officials to digitally engage with property owners.(b) On or before July 1, 2023, the director shall procure or establish a statewide defensible space and home hardening platform that would allow property owners to support and augment the department in defensible space inspection requests and provide documentation of compliance required pursuant to Section 1102.19 of the Civil Code. (c) The platform shall do both of the following:(1) Enable property owners to submit inspection requests.(2) Provide for real-time or self-guided desk inspections by fire safety officials, for the fire safety official to review video and photo remotely in order to minimize deploying onsite visits.(d) The platform may be used by any fire safety officials in California in order to promote consistency of data collection standards and consistency of inspections for property owners.(e) At a minimum, the platform shall have all of the following features:(1) Accept and deliver inspection requests to the property owner via text message and email.(2) Allow for secure online access via personal computer or mobile device, for property owners with internet access, without the need to install special software or applications to access the online platform by the property owner.(3) Support multiple languages, including, at a minimum, English and Spanish.(4) Provide for end user licensing agreements, and customary or required legal notices, including privacy, related to the use of the online platform and associated information(5) Include functionality that allows for live video and audio interaction between the fire safety official and the property owner onsite.(6) Allow a fire safety official to remotely guide and direct the property owner to collect information, including videos and images, necessary for property inspection.(7) Allow for ordering aerial views of the property from a top-down perspective, including defensible space zones.(8) Produce automated image analytics that can assist the fire safety official in identifying home hardening needs.(9) Allow chat and messaging options so the fire safety official can communicate home hardening suggestions and request additional information from the property owner after the inspection.(10) Capture and store interactions, documents, imagery, and videos within a centralized location.(11) Include functionality that can support authentication of user-supplied images by authenticating images with date, time, and location-based data and original content checks.(12) Provide measurement capability to support determination of property exposure and risk level to wildfires.(f) The director shall establish any necessary quality control measures to ensure that the inspection information that is shared on the platform is accurate, reliable, and auditable.(g) The department may require the platform to be used in conjunction with Section 4291.6.(h) Any costs to establish or procure the platform pursuant to this section shall come from the existing funds made available to the department from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. | |
103 | 103 | ||
104 | 104 | ||
105 | 105 | ||
106 | 106 | 4291.7. (a) For purposes of this section, defensible space and home hardening platform or platform shall mean a cloud-based online platform, which includes a collaborative portal that allows fire safety officials to digitally engage with property owners. | |
107 | 107 | ||
108 | - | (b) On or before July 1, 2023, the | |
108 | + | (b) On or before July 1, 2023, the director shall procure or establish a statewide defensible space and home hardening platform that would allow property owners to support and augment the department in defensible space inspection requests and provide documentation of compliance required pursuant to Section 1102.19 of the Civil Code. (c) The platform shall do both of the following:(1) Enable property owners to submit inspection requests.(2) Provide for real-time or self-guided desk inspections by fire safety officials, for the fire safety official to review video and photo remotely in order to minimize deploying onsite visits.(d) The platform may be used by any fire safety officials in California in order to promote consistency of data collection standards and consistency of inspections for property owners.(e) At a minimum, the platform shall have all of the following features:(1) Accept and deliver inspection requests to the property owner via text message and email.(2) Allow for secure online access via personal computer or mobile device, for property owners with internet access, without the need to install special software or applications to access the online platform by the property owner.(3) Support multiple languages, including, at a minimum, English and Spanish.(4) Provide for end user licensing agreements, and customary or required legal notices, including privacy, related to the use of the online platform and associated information(5) Include functionality that allows for live video and audio interaction between the fire safety official and the property owner onsite.(6) Allow a fire safety official to remotely guide and direct the property owner to collect information, including videos and images, necessary for property inspection.(7) Allow for ordering aerial views of the property from a top-down perspective, including defensible space zones.(8) Produce automated image analytics that can assist the fire safety official in identifying home hardening needs.(9) Allow chat and messaging options so the fire safety official can communicate home hardening suggestions and request additional information from the property owner after the inspection.(10) Capture and store interactions, documents, imagery, and videos within a centralized location.(11) Include functionality that can support authentication of user-supplied images by authenticating images with date, time, and location-based data and original content checks.(12) Provide measurement capability to support determination of property exposure and risk level to wildfires.(f) The director shall establish any necessary quality control measures to ensure that the inspection information that is shared on the platform is accurate, reliable, and auditable.(g) The department may require the platform to be used in conjunction with Section 4291.6.(h) Any costs to establish or procure the platform pursuant to this section shall come from the existing funds made available to the department from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. | |
109 | 109 | ||
110 | - | (c) The If the director procures or establishes a statewide defensible space and home hardening platform, the platform shall do both of the following: | |
110 | + | (b) On or before July 1, 2023, the director shall procure or establish a statewide defensible space and home hardening platform that would allow property owners to support and augment the department in defensible space inspection requests and provide documentation of compliance required pursuant to Section 1102.19 of the Civil Code. | |
111 | + | ||
112 | + | (c) The platform shall do both of the following: | |
111 | 113 | ||
112 | 114 | (1) Enable property owners to submit inspection requests. | |
113 | 115 | ||
114 | 116 | (2) Provide for real-time or self-guided desk inspections by fire safety officials, for the fire safety official to review video and photo remotely in order to minimize deploying onsite visits. | |
115 | 117 | ||
116 | 118 | (d) The platform may be used by any fire safety officials in California in order to promote consistency of data collection standards and consistency of inspections for property owners. | |
117 | 119 | ||
118 | 120 | (e) At a minimum, the platform shall have all of the following features: | |
119 | 121 | ||
120 | 122 | (1) Accept and deliver inspection requests to the property owner via text message and email. | |
121 | 123 | ||
122 | 124 | (2) Allow for secure online access via personal computer or mobile device, for property owners with internet access, without the need to install special software or applications to access the online platform by the property owner. | |
123 | 125 | ||
124 | 126 | (3) Support multiple languages, including, at a minimum, English and Spanish. | |
125 | 127 | ||
126 | 128 | (4) Provide for end user licensing agreements, and customary or required legal notices, including privacy, related to the use of the online platform and associated information | |
127 | 129 | ||
128 | 130 | (5) Include functionality that allows for live video and audio interaction between the fire safety official and the property owner onsite. | |
129 | 131 | ||
130 | 132 | (6) Allow a fire safety official to remotely guide and direct the property owner to collect information, including videos and images, necessary for property inspection. | |
131 | 133 | ||
132 | 134 | (7) Allow for ordering aerial views of the property from a top-down perspective, including defensible space zones. | |
133 | 135 | ||
134 | 136 | (8) Produce automated image analytics that can assist the fire safety official in identifying home hardening needs. | |
135 | 137 | ||
136 | 138 | (9) Allow chat and messaging options so the fire safety official can communicate home hardening suggestions and request additional information from the property owner after the inspection. | |
137 | 139 | ||
138 | 140 | (10) Capture and store interactions, documents, imagery, and videos within a centralized location. | |
139 | 141 | ||
140 | 142 | (11) Include functionality that can support authentication of user-supplied images by authenticating images with date, time, and location-based data and original content checks. | |
141 | 143 | ||
142 | 144 | (12) Provide measurement capability to support determination of property exposure and risk level to wildfires. | |
143 | 145 | ||
144 | 146 | (f) The director shall establish any necessary quality control measures to ensure that the inspection information that is shared on the platform is accurate, reliable, and auditable. | |
145 | 147 | ||
146 | 148 | (g) The department may require the platform to be used in conjunction with Section 4291.6. | |
147 | 149 | ||
148 | - | (h) A property owner who provides false information to the department, omits information requested by a fire safety official, or otherwise seeks to use the platform to provide false or misleading information for the purpose of obtaining the documentation required pursuant to Section 1102.19 of the Civil Code, shall be subject to a civil penalty imposed by the department of no less than ten thousand dollars ($10,000). | |
149 | - | ||
150 | - | (i) The department shall not be liable for any representations made by a property seller using the platform. | |
151 | - | ||
152 | - | (h) | |
153 | - | ||
154 | - | ||
155 | - | ||
156 | - | (j) Any costs to establish or procure the platform pursuant to this section shall come from the existing funds made available to the department from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. | |
150 | + | (h) Any costs to establish or procure the platform pursuant to this section shall come from the existing funds made available to the department from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. |