CA SB 911

Quick answers

Description

(1) Existing law requires a seller of a real property that is located in a high or very high fire hazard severity zone to provide to the buyer documentation stating that the property is in compliance with specified fire safety requirements or local vegetation management ordinances. If the seller of a real property as described above has not obtained that documentation of compliance, existing law requires the seller and the buyer to enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance with those specified fire safety requirements or local vegetation management ordinances. 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, existing law requires the buyer to obtain documentation of compliance within one year of the date of the close of escrow. Existing law requires each county assessor and recorder to make available, without charge and upon request, a form entitled "Preliminary Change of Ownership Report," which transferees of real property are required complete and authorized to file with the recorder concurrent with the recordation of any document effecting a change in ownership. This bill would additionally require the buyer to disclose whether they have an obligation to obtain documentation of compliance within one year of the date of the close of escrow pursuant to that agreement on the preliminary change of ownership report. The bill would require the county assessor to make available to the Department of Forestry and Fire Protection and to local fire agencies the property address of any property, and name of the transferee, for which the transferee indicated on the preliminary change of ownership report that the property is located in a high or very high fire hazard severity zone and that the transferee has an obligation to obtain documentation of compliance within one year of the date of the close of escrow pursuant to that written agreement. The bill would also require that fire department, or the Department of Forestry and Fire Protection, as applicable, to conduct a compliance inspection at the property if it has not received documentation of compliance from a qualified entity or otherwise certified compliance within one year of the date of the close of escrow. The bill would authorize the local fire department to prioritize compliance inspections and reinspections based on certain factors. This bill would provide that a local fire department is authorized to recover the costs of compliance inspections and reinspections, as specified. The bill would also provide that the above-described provisions do not modify the immunities granted to a local fire department under any provision of law, as specified. The bill would state that these 2 provisions do not constitute a change in, but are declaratory of, existing law. (2) Existing property tax law provides that any information and records in the assessor's office that are not required by law to be kept or prepared by the assessor, disabled veterans' exemption claims, and homeowners' exemption claims are not public documents and prohibits that information from being open to public inspection, subject to certain exceptions, including a requirement that the assessor permit access to all records in the assessor's office to, among others, any duly authorized legislative or administrative bodies of the state pursuant to their authorization to examine those records. This bill would additionally require the assessor to permit access to records in the assessor's office to Department of Forestry and Fire Protection, and local fire departments and fire protection districts, pursuant to their authorization to examine those records. (3) Existing property tax law requires the above-described preliminary change of ownership report to give information relative to the transfer, including, but not be limited to, a description of the property, the parties to the transaction, the date of acquisition, the amount, if any, of the consideration paid for the property, whether paid in money or otherwise, and the terms of the transaction. Existing property tax law prohibits that report from including any question that is not germane to the assessment function. This bill would, notwithstanding those provisions, require that report to include a question specifying whether the property is located in a high or very high fire hazard severity zone, as identified by the State Fire Marshal, and, if so, whether the buyer has an obligation to obtain documentation of compliance within one year of the date of the close of escrow pursuant to a written agreement. (4) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (5) By increasing the duties of local entities, including county assessors, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.