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BILL NUMBER: AB 1195 CHAPTERED BILL TEXT CHAPTER 65 FILED WITH SECRETARY OF STATE JUNE 9, 1998 APPROVED BY GOVERNOR JUNE 9, 1998 PASSED THE SENATE MAY 28, 1998 PASSED THE ASSEMBLY MAY 28, 1998 AMENDED IN SENATE MAY 21, 1998 AMENDED IN SENATE MAY 6, 1998 AMENDED IN SENATE APRIL 20, 1998 AMENDED IN ASSEMBLY APRIL 21, 1997 AMENDED IN ASSEMBLY APRIL 9, 1997 INTRODUCED BY Assembly Member Torlakson (Coauthor: Assembly Member Strom-Martin) (Coauthor: Senator Kopp) FEBRUARY 28, 1997 An act to amend Section 2079.11 of, and to repeal and add Section 1102.6c of, the Civil Code, to amend Sections 8589.5 and 51179 of, and to repeal and add Sections 8589.3, 8589.4, and 51183.5 of, the Government Code, and to amend Sections 2621.9, 2694, 2696, 4125, and 4136 of the Public Resources Code, relating to real estate, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1195, Torlakson. Real estate: disclosures. Existing law requires certain information to be disclosed by the seller and the seller's agent to the prospective transferee when ownership of real property is proposed to be transferred. Existing law permits, with respect to earthquake fault zones and seismic hazards, that disclosure to be provided by, among other things, a real estate contract and receipt for deposit. This bill would require, if one of 2 specified conditions are met, an additional disclosure by the seller or, in some cases, the seller' s agent, to the prospective buyer with respect to real property located in an area subject to flooding or fire hazards, as specified, to be made either by the issuance of a natural hazard disclosure statement that would be specified by the bill, except as provided, or a disclosure statement specified in existing law. The bill would also provide that the disclosure described above, with respect to earthquake fault zones and seismic hazards, need be given only if one of 2 specified conditions are met, and may be made in a natural hazard disclosure statement, rather than by the real estate contract and receipt for deposit. The bill would require the counties to post a notice identifying the location of specified maps or lists containing information regarding areas of potential flooding and fire hazard severity, as specified. By imposing additional duties on local government, the bill would create a state-mandated local program. The bill would encourage the Secretary of the Resources Agency to provide coordination and leadership among state departments to provide compatible maps and information regarding natural hazards. Existing law requires the Seismic Safety Commission to update, publish, and disseminate a homeowner's guide about earthquake safety, that is in the public domain and freely available to any vendor who wants to reproduce it at no charge. This bill would delete the provision referring to the guide being in the public domain, and instead provide that the guide be made available to the public at cost, and to any vendor who wishes to reproduce and publish the guide at no cost provided the vendor submits his or her copy to the Seismic Safety Commission for approval prior to publication. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. The bill would declare that its provisions are intended to supersede the provisions of Chapter 7 of the Statutes of 1997, First Extraordinary Session, and that the provisions of that chapter shall not become operative. The bill would also declare that it is to take effect immediately as an urgency statute and that its provisions shall be operative on June 1, 1998, except as specified. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1102.6c of the Civil Code, as added by Chapter 7 of the Statutes of 1997, First Extraordinary Session, is repealed. SEC. 2. Section 1102.6c is added to the Civil Code, to read: 1102.6c. (a) This section shall apply only to any real property that is subject to one or more of the following: (1) Section 8589.3 of the Government Code. (2) Section 8589.4 of the Government Code. (3) Section 51183.5 of the Government Code. (4) Section 2621.9 of the Public Resources Code. (5) Section 2694 of the Public Resources Code. (6) Section 4136 of the Public Resources Code. (b) In addition to the disclosure required pursuant to Section 1102.6, the transferor of any real property that is subject to this section, or his or her agent, shall deliver to the prospective transferee the following natural hazard disclosure statement: NATURAL HAZARD DISCLOSURE STATEMENT This statement applies to the following property:____________________ The seller and his or her agent(s) disclose the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. The following are representations made by the seller and his or her agent(s) based on their knowledge and maps drawn by the state. This information is a disclosure and is not intended to be part of any contract between the buyer and seller. THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S): A SPECIAL FLOOD HAZARD AREA (Any type Zone "A" or "V") designated by the Federal Emergency Management Agency. Yes _____ No _____ Do not know and information not available from local jurisdiction _________ AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code. Yes _____ No _____ Do not know and information not available from local jurisdiction _________ A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section 51178 or 51179 of the Government Code. The owner of this property is subject to the maintenance requirements of Section 51182 of the Government Code. Yes _____ No _____ A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the state's responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code. Yes _____ No _____ AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code. Yes _____ No _____ A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code. Yes (Landslide Zone) ________ Yes (Liquefaction Zone)________ No ________ Map not yet released by state ________ THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY. Seller represents that the information herein is true and correct to the best of the seller's knowledge as of the date signed by the seller. Signature of Seller ___________________ Date________________________ Agent represents that the information herein is true and correct to the best of the agent's knowledge as of the date signed by the agent. Signature of Agent ____________________ Date________________________ Signature of Agent ____________________ Date________________________ Buyer represents that he or she has read and understands this document. Signature of Buyer ____________________ Date________________________ (c) If an earthquake fault zone, seismic hazard zone, very high fire hazard severity zone, or wildland fire area map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a natural hazard area, the seller or seller's agent shall mark "Yes" on the Natural Hazard Disclosure Statement. The seller or seller's agent may mark "No" on the Natural Hazard Disclosure Statement if he or she attaches a report prepared pursuant to subdivision (c) of Section 1102.4 that verifies the property is not in the hazard zone. Nothing in this subdivision is intended to limit or abridge any existing duty of the seller or the seller's agents to exercise reasonable care in making a determination under this subdivision. (d) The disclosure required pursuant to this section may be provided by the seller and seller's agent in the Local Option Real Estate Disclosure Statement provided that the Local Option Real Estate Disclosure Statement includes substantially the same information and substantially the same warning that is required by this section. (e) The disclosure required pursuant to this section is only a disclosure between the seller, the seller's agents, and the buyer, and shall not be used by any other party, including, but not limited to, insurance companies, lenders, or governmental agencies, for any purpose. (f) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. (g) In any transaction in which a seller has accepted, prior to June 1, 1998, an offer to purchase, the seller, or his or her agent, shall be deemed to have complied with the requirement of subdivision (b) if the seller or agent delivers to the prospective transferee a statement that includes substantially the same information and warning as the Natural Hazard Disclosure Statement. SEC. 3. Section 1102.17 of the Civil Code, as added by Chapter 7 of the Statutes of 1997, First Extraordinary Session, is repealed. SEC. 4. Section 2079.11 of the Civil Code is amended to read: 2079.11. (a) Except as provided in subdivision (b), to the extent permitted by law, the consumer information publications referred to in this article, including, but not limited to, the information booklets described in Section 10084.1 of the Business and Professions Code and Section 25402.9 of the Public Resources Code, shall be in the public domain and freely available. (b) Notwithstanding subdivision (a), the Seismic Safety Commission' s Homeowner's Guide to Earthquake Safety, published pursuant to Section 10149 of the Business and Professions Code, shall be made available to the public at cost and for reproduction at no cost to any vendor who wishes to publish the guide, provided the vendor agrees to submit the guide to the commission prior to publication for content approval. SEC. 5. Section 8589.3 is added to the Government Code, to read: 8589.3. (a) A person who is acting as an agent for a seller of real property that is located within a special flood hazard area (any type Zone "A" or "V") designated by the Federal Emergency Management Agency, or the seller if he or she is acting without an agent, shall disclose to any prospective purchaser the fact that the property is located within a special flood hazard area. (b) In all transactions that are subject to Section 1102 of the Civil Code, the disclosure required by subdivision (a) of this section shall be provided by either of the following means: (1) The Local Option Real Estate Disclosure Statement as provided in Section 1102.6a of the Civil Code. (2) The Natural Hazard Disclosure Statement as provided in Section 1102.6c of the Civil Code. (c) Disclosure is required pursuant to this section only when one of the following conditions is met: (1) The seller, or the seller's agent, has actual knowledge that the property is within a special flood hazard area. (2) The local jurisdiction has compiled a list, by parcel, of properties that are within the special flood hazard area and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the parcel list. (d) For purposes of the disclosure required by this section, the following persons shall not be deemed agents of the seller: (1) Persons specified in Section 1102.11 of the Civil Code. (2) Persons acting under a power of sale regulated by Section 2924 of the Civil Code. (e) Section 1102.13 of the Civil Code shall apply to this section. (f) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. (g) A notice shall be posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the special flood hazard area map and of any parcel list compiled by the local jurisdiction. SEC. 6. Section 8589.4 of the Government Code, as added by Chapter 7 of the Statutes of 1997, First Extraordinary Session, is repealed. SEC. 7. Section 8589.4 is added to the Government Code, to read: 8589.4. (a) A person who is acting as an agent for a seller of real property that is located within an area of potential flooding shown on an inundation map designated pursuant to Section 8589.5, or the seller if he or she is acting without an agent, shall disclose to any prospective purchaser the fact that the property is located within an area of potential flooding. (b) In all transactions that are subject to Section 1102 of the Civil Code, the disclosure required by subdivision (a) of this section shall be provided by either of the following means: (1) The Local Option Real Estate Disclosure Statement as provided in Section 1102.6a of the Civil Code. (2) The Natural Hazard Disclosure Statement as provided in Section 1102.6c of the Civil Code. (c) Disclosure is required pursuant to this section only when one of the following conditions is met: (1) The seller, or the seller's agent, has actual knowledge that the property is within an inundation area. (2) The local jurisdiction has compiled a list, by parcel, of properties that are within the inundation area and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the parcel list. (d) For purposes of the disclosure required by this section, the following persons shall not be deemed agents of the seller: (1) Persons specified in Section 1102.11 of the Civil Code. (2) Persons acting under a power of sale regulated by Section 2924 of the Civil Code. (e) Section 1102.13 of the Civil Code shall apply to this section. (f) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. SEC. 8. Section 8589.5 of the Government Code is amended to read: 8589.5. (a) Inundation maps showing the areas of potential flooding in the event of sudden or total failure of any dam, the partial or total failure of which the Office of Emergency Services determines, after consultation with the Department of Water Resources, would result in death or personal injury, shall be prepared and submitted as provided in this subdivision within six months after the effective date of this section, unless the time for submission of those maps is extended for reasonable cause by the Office of Emergency Services. The local governmental organization, utility, or other owner of any dam so designated shall submit to the Office of Emergency Services one map that shall delineate potential flood zones that could result in the event of dam failure when the reservoir is at full capacity, or if the local governmental organization, utility, or other owner of any dam shall determine it to be desirable, he or she shall submit three maps that shall delineate potential flood zones that could result in the event of dam failure when the reservoir is at full capacity, at median-storage level, and at normally low-storage level. After submission of copies of the map or maps, the Office of Emergency Services shall review the map or maps, and shall return any map or maps that do not meet the requirements of this subdivision, together with recommendations relative to conforming to the requirements. Maps rejected by the Office of Emergency Services shall be revised to conform to those recommendations and resubmitted. The Office of Emergency Services shall keep on file those maps that conform to the provisions of this subdivision. Maps approved pursuant to this subdivision shall also be kept on file with the Department of Water Resources. The owner of a dam shall submit final copies of those maps to the Office of Emergency Services that shall immediately submit identical copies to the appropriate public safety agency of any city, county, or city and county likely to be affected. (b) Based upon a review of inundation maps submitted pursuant to subdivision (a) or based upon information gained by an onsite inspection and consultation with the affected local jurisdiction when the requirement for an inundation map is waived pursuant to subdivision (d), the Office of Emergency Services shall designate areas within which death or personal injury would, in its determination, result from the partial or total failure of a dam. The appropriate public safety agencies of any city, county, or city and county, the territory of which includes any of those areas, shall adopt emergency procedures for the evacuation and control of populated areas below those dams. The Office of Emergency Services shall review the procedures to determine whether adequate public safety measures exist for the evacuation and control of populated areas below the dams, and shall make recommendations with regard to the adequacy of those procedures to the concerned public safety agency. In conducting the review, the Office of Emergency Services shall consult with appropriate state and local agencies. Emergency procedures specified in this subdivision shall conform to local needs, and may be required to include any of the following elements or any other appropriate element, in the discretion of the Office of Emergency Services: (1) delineation of the area to be evacuated; (2) routes to be used; (3) traffic control measures; (4) shelters to be activated for the care of the evacuees; (5) methods for the movement of people without their own transportation; (6) identification of particular areas or facilities in the flood zones that will not require evacuation because of their location on high ground or similar circumstances; (7) identification and development of special procedures for the evacuation and care of people from unique institutions; (8) procedures for the perimeter and interior security of the area, including such things as passes, identification requirements, and antilooting patrols; (9) procedures for the lifting of the evacuation and reentry of the area; and (10) details of which organizations are responsible for these functions and the material and personnel resources required. It is the intent of the Legislature to encourage each agency that prepares emergency procedures to establish a procedure for their review every two years. (c) "Dam," as used in this section, has the same meaning as specified in Sections 6002, 6003, and 6004 of the Water Code. (d) Under certain exceptional conditions as follows, the Office of Emergency Services may waive the requirement for an inundation map: (1) Where the effects of potential inundation in terms of death or personal injury, as determined through onsite inspection by the Office of Emergency Services in consultation with the affected local jurisdictions, can be ascertained without an inundation map; and (2) Where adequate evacuation procedures can be developed without benefit of an inundation map. (e) If development should occur in any exempted area after a waiver has been granted, the local jurisdiction shall notify the Office of Emergency Services of that development. All waivers shall be reevaluated every two years by the Office of Emergency Services. (f) A notice shall be posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map, and of any information received by the county subsequent to the receipt of the map regarding changes to inundation areas within the county. SEC. 9. Section 51179 of the Government Code is amended to read: 51179. (a) A local agency shall designate, by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the director pursuant to subdivisions (b) and (c) of Section 51178. A local agency shall be exempt from this requirement if ordinances of the local agency, adopted on or before December 31, 1992, impose standards that are equivalent to, or more restrictive than, the standards imposed by this chapter. (b) A local agency may, at its discretion, exclude from the requirements of Section 51182 an area identified as a very high fire hazard severity zone by the director within the jurisdiction of the local agency, following a finding supported by substantial evidence in the record that the requirements of Section 51182 are not necessary for effective fire protection within the area. (c) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the director, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section 51182 are necessary for effective fire protection within the area. (d) Changes made by a local agency to the recommendations made by the director shall be final and shall not be rebuttable by the director. (e) The State Fire Marshal shall prepare and adopt a model ordinance that provides for the establishment of very high fire hazard severity zones. (f) Any ordinance adopted by a local agency pursuant to this section that substantially conforms to the model ordinance of the State Fire Marshal shall be presumed to be in compliance with the requirements of this section. (g) A local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the director pursuant to Section 51178. If the agency amends the map, pursuant to subdivision (b) or (c) of this section, the notice shall instead identify the location of the amended map. SEC. 10. Section 51183.5 of the Government Code, as added by Chapter 7 of the Statutes of 1997, First Extraordinary Session, is repealed. SEC. 11. Section 51183.5 is added to the Government Code, to read: 51183.5. (a) A seller of real property that is located within a very high fire hazard severity zone, designated pursuant to this chapter, shall disclose to any prospective purchaser the fact that the property is located within a very high fire hazard severity zone, and is subject to the requirements of Section 51182. (b) In all transactions that are subject to Section 1102 of the Civil Code, the disclosure required by subdivision (a) of this section shall be provided by either of the following means: (1) The Local Option Real Estate Disclosure Statement as provided in Section 1102.6a of the Civil Code. (2) The Natural Hazard Disclosure Statement as provided in Section 1102.6c of the Civil Code. (c) Disclosure is required pursuant to this section only when one of the following conditions is met: (1) The seller, or the seller's agent, has actual knowledge that the property is within a very high fire hazard severity zone. (2) A map that includes the property has been provided to the local agency pursuant to Section 51178, and a notice is posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the local agency. (d) If the map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a very high fire hazard zone, the seller shall mark "Yes" on the Natural Hazard Disclosure Statement. The seller may mark "No" on the Natural Hazard Disclosure Statement if he or she attaches a report prepared pursuant to subdivision (c) of Section 1102.4 of the Civil Code that verifies the property is not in the hazard zone. Nothing in this subdivision is intended to limit or abridge any existing duty of the seller or the seller's agents to exercise reasonable care in making a determination under this subdivision. (e) Section 1102.13 of the Civil Code shall apply to this section. (f) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. SEC.12. Section 2621.9 of the Public Resources Code is amended to read: 2621.9. (a) A person who is acting as an agent for a seller of real property that is located within a delineated earthquake fault zone, or the seller, if he or she is acting without an agent, shall disclose to any prospective purchaser the fact that the property is located within a delineated earthquake fault zone. (b) In all transactions that are subject to Section 1102 of the Civil Code, the disclosure required by subdivision (a) of this section shall be provided by either of the following means: (1) The Local Option Real Estate Transfer Disclosure Statement as provided in Section 1102.6a of the Civil Code. (2) The Natural Hazard Disclosure Statement as provided in Section 1102.6c of the Civil Code. (c) Disclosure is required pursuant to this section only when one of the following conditions is met: (1) The seller, or the seller's agent, has actual knowledge that the property is within a delineated earthquake fault zone. (2) A map that includes the property has been provided to the city or county pursuant to Section 2622, and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county. (d) If the map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a delineated earthquake fault hazard zone, the agent shall mark "Yes" on the Natural Hazard Disclosure Statement. The agent may mark "No" on the Natural Hazard Disclosure Statement if he or she attaches a report prepared pursuant to subdivision (c) of Section 1102.4 of the Civil Code that verifies the property is not in the hazard zone. Nothing in this subdivision is intended to limit or abridge any existing duty of the seller or the seller's agents to exercise reasonable care in making a determination under this subdivision. (e) For purposes of the disclosures required by this section, the following persons shall not be deemed agents of the seller: (1) Persons specified in Section 1102.11 of the Civil Code. (2) Persons acting under a power of sale regulated by Section 2924 of the Civil Code. (f) For purposes of this section, Section 1102.13 of the Civil Code shall apply. (g) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. SEC. 13. Section 2694 of the Public Resources Code is amended to read: 2694. (a) A person who is acting as an agent for a seller of real property that is located within a seismic hazard zone, as designated under this chapter, or the seller, if he or she is acting without an agent, shall disclose to any prospective purchaser the fact that the property is located within a seismic hazard zone. (b) In all transactions that are subject to Section 1102 of the Civil Code, the disclosure required by subdivision (a) of this section shall be provided by either of the following means: (1) The Local Option Real Estate Transfer Disclosure Statement as provided in Section 1102.6a of the Civil Code. (2) The Natural Hazard Disclosure Statement as provided in Section 1102.6c of the Civil Code. (c) Disclosure is required pursuant to this section only when one of the following conditions is met: (1) The seller, or seller's agent, has actual knowledge that the property is within a seismic hazard zone. (2) A map that includes the property has been provided to the city or county pursuant to Section 2622, and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county. (d) If the map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a seismic hazard zone, the agent shall mark "Yes" on the Natural Hazard Disclosure Statement. The agent may mark "No" on the Natural Hazard Disclosure Statement if he or she attaches a report prepared pursuant to subdivision (c) of Section 1102.4 of the Civil Code that verifies the property is not in the hazard zone. Nothing in this subdivision is intended to limit or abridge any existing duty of the seller or the seller's agents to exercise reasonable care in making a determination under this subdivision. (e) For purposes of the disclosures required by this section, the following persons shall not be deemed agents of the seller: (1) Persons specified in Section 1102.11 of the Civil Code. (2) Persons acting under a power of sale regulated by Section 2924 of the Civil Code. (f) For purposes of this section, Section 1102.13 of the Civil Code applies. (g) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. SEC. 14. Section 2696 of the Public Resources Code is amended to read: 2696. (a) The State Geologist shall compile maps identifying seismic hazard zones, consistent with the requirements of Section 2695. The maps shall be compiled in accordance with a time schedule developed by the director and based upon the provisions of Section 2695 and the level of funding available to implement this chapter. (b) The State Geologist shall, upon completion, submit seismic hazard maps compiled pursuant to subdivision (a) to the board and all affected cities, counties, and state agencies for review and comment. Concerned jurisdictions and agencies shall submit all comments to the board for review and consideration within 90 days. Within 90 days of board review, the State Geologist shall revise the maps, as appropriate, and shall provide copies of the official maps to each state agency, city, or county, including the county recorder, having jurisdiction over lands containing an area of seismic hazard. The county recorder shall record all information transmitted as part of the public record. (c) In order to ensure that sellers of real property and their agents are adequately informed, any county that receives an official map pursuant to this section shall post a notice within five days of receipt of the map at the office of the county recorder, county assessor, and county planning agency, identifying the location of the map, any information regarding changes to the map, and the effective date of the notice. SEC. 15. Section 4125 of the Public Resources Code is amended to read: 4125. (a) The board shall classify all lands within the state, without regard to any classification of lands made by or for any federal agency or purpose, for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the responsibility of the state. The prevention and suppression of fires in all areas that are not so classified is primarily the responsibility of local or federal agencies, as the case may be. (b) On or before July 1, 1991, and every 5th year thereafter, the department shall provide copies of maps identifying the boundaries of lands classified as state responsibility pursuant to subdivision (a) to the county assessor for every county containing any of those lands. The department shall also notify county assessors of any changes to state responsibility areas within the county resulting from periodic boundary modifications approved by the board. (c) A notice shall be posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map, and of any information received by the county subsequent to the receipt of the map regarding changes to state responsibility areas within the county. SEC. 16. Section 4136 of the Public Resources Code is amended to read: 4136. (a) A seller of real property that is located within a state responsibility area determined by the board, pursuant to Section 4125, shall disclose to any prospective purchaser the fact that the property is located within a wildland area that may contain substantial forest fire risks and hazards and is subject to the requirements of Section 4291. (b) Except for property located within a county that has assumed responsibility for prevention and suppression of all fires pursuant to Section 4129, the seller shall also disclose to any prospective buyer that it is not the state's responsibility to provide fire protection services to any building or structure located within the wildlands unless the department has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142. (c) In all transactions that are subject to Section 1102 of the Civil Code, the disclosures required by this section shall be provided by either of the following means: (1) The Local Option Real Estate Disclosure Statement as provided in Section 1102.6a of the Civil Code. (2) The Natural Hazard Disclosure Statement as provided in Section 1102.6c of the Civil Code. (d) Disclosure is required pursuant to this section only when one of the following conditions is met: (1) The seller, or the seller's agent, has actual knowledge that the property is within a wildland fire zone. (2) A map that includes the property has been provided to the city or county pursuant to Section 4125, and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county. (e) If the map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a wildland fire zone, the agent shall mark "Yes" on the Natural Hazard Disclosure Statement. The agent may mark "No" on the Natural Hazard Disclosure Statement if he or she attaches a report prepared pursuant to subdivision (c) of Section 1102.4 of the Civil Code that verifies the property is not in the hazard zone. Nothing in this subdivision is intended to limit or abridge any existing duty of the seller or the seller's agents to exercise reasonable care in making a determination under this subdivision. (f) For purposes of this section, Section 1102.13 of the Civil Code applies. (g) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. SEC. 17. The Legislature finds and declares that state law requires several different state departments and agencies to conduct natural hazard mapping and information programs, based on their respective scientific and professional competencies. The Legislature finds and declares that city and county planning agencies sometimes have difficulty using the maps and information produced by state departments and agencies regarding natural hazards because the maps may be at different scales, use different projections, or are otherwise incompatible. The Legislature finds and declares that the lack of compatible maps sometimes makes it difficult for city and county planning agencies to make information regarding natural hazards readily available to landowners, their agents, and the public. Therefore, the Legislature finds and declares that there is a need for state officials to coordinate their natural hazard mapping and information programs to make them more effective. The Legislature encourages the Secretary of the Resources Agency to provide coordination and leadership among the state departments and agencies that conduct natural hazard mapping and information programs. SEC. 18. The provisions of this act shall become operative on June 1, 1998, except that Sections 1, 3, 6, and 10 shall be operative upon the effective date of Chapter 7 of the Statutes of 1997, First Extraordinary Session. SEC. 19. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. SEC. 20. It is the intent of the Legislature that the provisions of this act shall supersede the provisions of Chapter 7 of the Statutes of 1997, First Extraordinary Session, in their entirety and, to that intent, the provisions of that chapter shall not become operative. SEC. 21. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to resolve ambiguity regarding the effective date for important real estate disclosures and to ensure that comprehensive disclosure of information regarding risk of natural disaster hazards is made available to prospective homebuyers, it is necessary that this act take effect immediately.
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