(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.

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 require the local fire department, or the Department of Forestry and Fire Protection, as applicable, to conduct a compliance inspection at the property property, as specified, 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 and the Department of Forestry and Fire Protection 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)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.

(3)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.

(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.

This bill would additionally require the seller to notify the local fire department having jurisdiction over the property, or the Department of Forestry and Fire Protection if the property is within a state responsibility area, as provided, of the written agreement and of the buyers obligation to obtain documentation of compliance. 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. By increasing the duties of local entities, this bill would impose a state-mandated local program.

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.

(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.

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.

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.

This bill would additionally require the seller to notify the county assessor of the written agreement and to provide a copy of that agreement to the county assessor. The bill would require the county assessor to notify the local fire department having jurisdiction over the property property, or the Department of Forestry and Fire Protection if the property is within a state responsibility area, as provided, of the written agreement and of the buyers obligation to obtain documentation of compliance. The bill would also require that fire department department, or the Department of Forestry and Fire Protection, as applicable, to conduct a compliance check 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. By increasing the duties of local entities, this bill would impose a state-mandated local program.

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.

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.

This bill would additionally require the seller to notify the county assessor of the written agreement and to provide a copy of that agreement to the county assessor. The bill would require the county assessor to notify the local fire department having jurisdiction over the property of the buyers obligation to obtain documentation of compliance. The bill would also require that fire department to conduct a compliance check 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. By increasing the duties of local entities, this bill would impose a state-mandated local program.

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.

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, 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 the statutory provisions noted above.

SENATE THIRD READING

STR Bill Id:SB 911

Author:(Becker)

As Amended Ver:August 13, 2026

Majority vote

SUMMARY

Requires specified fire departments to conduct a compliance inspection at a property to ensure compliance with defensible space requirements, as specified.

Major Provisions

1. Requires a local fire department or the Department of Forestry and Fire Protection, as applicable, if the agency 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, to conduct a compliance inspection at the property, as specified.
2. Authorizes the local fire department or the Department of Forestry and Fire Protection, as applicable, to seek cost recovery for conducting the inspection specified in 1).

COMMENTS

Following a series of catastrophic wildfires in the wildland urban interface, in 2019, the Legislature enacted AB 38 (Wood) Chapter 391, Statutes of 2019, to require property sellers to disclose to the buyer if the property complied with the state's defensible space mandates. If the property was not in compliance that bill required the seller and buyer to enter into a written agreement in which the buyer agrees to obtain documentation of compliance in accordance with a local ordinance if such an ordinance exists, or otherwise within one year of the close of escrow.

As well intentioned as AB 38 was, the bill has faced significant implementation issues. Multiple bills have sought to make the AB 38 process easier to implement, including the Judiciary Committee's own 2022 omnibus measure (AB 2690 (Committee on Judiciary) Chapter 420, Statutes of 2022.) This bill seeks to address several remaining implementation concerns, most notably, ensuring that the Department of Forestry and Fire Protection (CAL FIRE) and local fire agencies are aware that a property has been sold and that the mandate to document compliance with the defensible space requirements falls onto a buyer.

Maintaining defensible space around a person's home has been shown to be one of the most effective tools to prevent structure loss in the event of a wildfire. Codified in Public Resources Code Section 4291 as well as regulations promulgated by the Board of Forestry and Fire Protection, the state's defensible space laws generally require a homeowner living within a very high fire hazard severity zone to maintain 100 feet of space from each side and from the front and rear of the structure, but not beyond the property line, that is largely free from fuels for a wildfire. Not having these combustible materials in close proximity to the structure allows fire crews to set up hose lines and other tools to help protect the structure.

To ensure that the defensible space laws are properly implemented, CAL FIRE and local fire agencies can inspect properties within the very high fire severity zone and issue documentation to a homeowner indicating their compliance with the law. These compliance documents are frequently required by insurance companies as a condition of maintaining coverage for the property. However, as noted in a 2021 Legislative Analyst's Office report, only 40% of the properties subject to inspection by CAL FIRE were receiving an inspection. (Legislative Analyst's Office, Reducing the Destructiveness of Wildfires: Promoting Defensible Space in California (Sept. 30, 2021), available at https://lao.ca.gov/Publications/Report/4457#current-state-and-local-defensible-space-efforts.) One potential driver of the underwhelming rate of defensible space inspections appears to be the fire services' lack of ability to determine what properties are due for inspections.

The first aspect of the AB 38 process requires a seller of real property to disclose to the buyer, as a part of the standardized Real Estate Transfer Disclosure Statement, whether or not the property is in a fire hazard severity zone that would necessitate compliance with the defensible space rules. The law also required the seller to disclose if the property indeed complies with those rules. In the event a property did not meet the defensible space requirements, AB 38 then required the buyer and seller to enter into a written agreement that the buyer would bring the property into compliance with the law within one year.

This statutory requirement that the parties agree that one will fix the problem with a property within a set timeframe differs significantly from the existing property sale process. For example, if a property buyer seeks credit for a deficient roof or outdated water heater the price for those repairs is negotiated as a part of the sale. Even if a seller remits to the buyer some cost for repairs, the law provides no mechanism to mandate that the buyer actually conduct the work. However, in the AB 38 process the law mandated the defensible space be created no matter who was financially responsible. The one-year lag period was clearly designed to avoid having defensible space requirements cause property transactions to fail as a result of disputes between the parties. However, it appears that the statutorily provided lag period has resulted in under enforcement of the law.

The bill mandates that the firefighting agency with jurisdiction over the property, either CAL FIRE or a local department, must conduct a defensible space inspection if they do not receive documentation of compliance from the property buyer within the one-year period specified in existing law and authorizes the agency to seek cost recovery. The bill permits the firefighting agency conducting the defensible space compliance review to seek to recover the cost of the inspections and authorizes the agency to delegate the inspection to a qualified third party.

According to the Author

Ensuring existing homes that are located in high and very high fire threat severity zones comply with defensive space standards is essential to protecting life and property in the face of a catastrophic wildfire. Currently it is difficult for state and local fire code enforcement agencies to know which homes in high and very high fire threat severity zones do and do not comply with the defensive space standards. SB 911 seeks to build upon previous legislation (Chapter 391, Statutes of 2019) which required compliance with defensive space upon sale of a residence.

Arguments in Support

This bill is supported by a coalition of insurance industry advocates and fire safety professionals. In support of the bill a coalition of insurance industry advocates write:

This measure closes a gap in existing law by ensuring that the appropriate enforcement has access to relevant records when a buyer and seller enter into a pre-sale agreement to comply with defensible space requirements. In addition, SB 911 requires a follow-up inspection by the local fire enforcement agency within one year of the sale to confirm that the property meets defensible space standards for fire protection.

The trades have long supported efforts to develop and implement defensible space programs that promote proactive engagement by homeowners, contractors, and local governments. Creating and maintaining defensible space—where vegetation, debris, and other combustible fuels are properly managed—can significantly slow the spread of wildfire to and from a structure. It remains one of the most effective ways to protect homes and communities. Conversely, a home that does not meet defensible space standards poses an increased risk not only to itself, but also to neighboring properties and first responders.

While establishing and maintaining defensible space can be both costly and time-intensive, the point of sale represents a critical window when financial resources are most available and expectations are clearly defined. Existing law recognizes this moment as an important opportunity to make necessary, and potentially lifesaving, investments. By ensuring that enforcement agencies are notified when a property transfers without documented compliance, SB 911 strengthens this framework and increases the likelihood that required mitigation measures are ultimately completed.

Arguments in Opposition

This bill is opposed by the California Assessors' Association. They write:

Current law already requires sellers of real property in high or very high fire hazard severity zones to provide to the buyer documentation demonstrating compliance with applicable fire-safety or vegetation management requirements. SB 911 would require assessors to submit confidential documentation, the Preliminary Change in Ownership Report (PCOR), to the local fire agencies.

The bill's use of the PCOR is inappropriate. The PCOR is an assessment-administration document used exclusively to determine potential reassessment issues after a transfer has been completed. Expanding it to document or verify fire-safety or vegetation-management agreements creates confusion about the assessors' role and misstates the purpose of the form.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

Costs of an unknown amount to CAL FIRE for positions, vehicles, and other equipment potentially needed to conduct defensible space inspections within the State Responsibility Area (Greenhouse Gas Reduction Fund).

Similarly, costs of an unknown amount across local fire departments to conduct compliance inspections at certain properties. However, since this bill provides that a local fire department may recover the costs of an inspection, such costs are likely non-reimbursable by the state.

VOTES

SENATE FLOOR: 33-0-7

YES: Archuleta, Arreguín, Ashby, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Ochoa Bogh, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

ABS, ABST OR NV: Allen, Alvarado-Gil, Becker, Hurtado, Niello, Padilla, Stern

ASM JUDICIARY: 12-0-0

YES: Kalra, Macedo, Bauer-Kahan, Bryan, Connolly, Dixon, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur

ASM REVENUE AND TAXATION: 7-0-0

YES: Gipson, Sanchez, Carrillo, DeMaio, McKinnor, Quirk-Silva, Michelle Rodriguez

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Calderon, Caloza, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache

ABS, ABST OR NV: Hoover, Dixon, Ta, Tangipa

UPDATED

VERSION: August 13, 2026

CONSULTANT: Nicholas Liedtke / JUD. / (916) 319-2334 FN: 0003500

Date of Hearing: August 5, 2026

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 911

Author:(Becker) – As Amended Ver:June 1, 2026

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires the buyer of a property located in a high or very high fire hazard severity zone (FHSZ) to disclose whether the buyer must comply with certain defensible space requirements on the preliminary change of ownership report (PCOR).

Specifically, this bill:

1. Requires the buyer of a property located in a high or very high FHSZ to disclose on the PCOR whether the buyer has entered into a written agreement with the seller requiring the buyer to obtain documentation of compliance with certain defensible space requirements within one year of the close of escrow.
2. Requires the county assessor to make the buyer’s name and property address available to the Department of Forestry and Fire Protection (CAL FIRE) and local fire agencies and requires the applicable fire agency to conduct a compliance inspection at the property if the agency has not received documentation of compliance or otherwise confirmed compliance of the property within one year of the close of escrow.
3. Authorizes CAL FIRE and local fire agencies to delegate the responsibility to conduct a compliance inspection to a third-party, nonprofit entity deemed qualified to conduct such inspections; prescribes how such an inspection may be conducted; and authorizes a local fire agency to prioritize inspections based on certain factors and recover the costs of an inspection pursuant to existing laws.
4. Adds CAL FIRE and local fire agencies to the list of administrative bodies the assessor must disclose information pursuant to the bodies’ authorization to examine the records.

FISCAL EFFECT:

1. By requiring a county assessor to collect more information on the PCOR and share certain information with CAL FIRE and local fire agencies, this bill likely creates a state-mandated local program. If the Commission on State Mandates determines the provisions of this bill create a new program or impose a higher level of service for which the state must reimburse local costs, the county may seek reimbursement from the state (General Fund). The California Assessors Association (CAA) notes that costs may reach up to $4.8 million in one-time costs for information technology updates needed to collect, validate, and report fire-mitigation data and $4.9 million in ongoing costs for related staff workload across the state’s 58 counties. Although such costs represent the maximum possible range, actual costs would still be significant and ultimately depend on evolving variables, such as the area of each county currently designated as a high or very high FHSZ, the number of properties in those FHSZs that a buyer must bring into compliance with current defensible space requirements, and each assessor’s existing systems and staffing capacity.
2. Costs of approximately $3,000 each in fiscal year (FY) 2026-27 and FY 2027-28 to the Board of Equalization to update the PCOR form used by county assessors and issue guidance reflecting the new requirement.
3. Costs of approximately $6.7 million in the first year and $6.3 million annually thereafter to CAL FIRE for 22 additional positions, vehicles, and other equipment needed to conduct defensible space inspections within the State Responsibility Area in accordance with this bill’s compliance timeline (Greenhouse Gas Reduction Fund).

Similarly, likely significant costs across local fire departments to conduct compliance inspections at certain properties. However, since this bill provides that a local fire department may recover the costs of an inspection, such costs are likely non-reimbursable by the state.

COMMENTS:

1. Purpose. According to the author:

Ensuring existing homes that are located in high and very high [FHSZs] comply with defensive space standards is essential to protecting life and property in the face of a catastrophic wildfire. Currently it is difficult for state and local fire code enforcement agencies to know which homes in high and very high [FHSZs] do and do not comply with the defensive space standards. SB 911 seeks to build upon previous legislation…which required compliance with defensive space upon sale of a residence, by ensuring fire enforcement agencies are aware that a sale has taken place and compliance [timelines] need to be met.

1. Background. Defensible Space Requirements. AB 38 (Wood), Chapter 391, Statutes of 2019, updated property sale and disclosure requirements for a property within a high or very high FHSZ. In addition to formally disclosing that a property is in such an FHSZ, a property owner must ensure that the property meets the state’s defensible space requirements. If a seller has not brought the property into compliance prior to sale, the buyer and seller must enter into a formal agreement specifying that the buyer will bring the property into compliance as follows: (a) pursuant to a related local ordinance if the local jurisdiction has such an ordinance, or (b) within one year of the close of escrow in a local jurisdiction that does not have such an ordinance. However, implementation and enforcement of AB 38 provisions have proved challenging.

This bill requires, for a sale that resulted in an agreement that the buyer will bring the property into compliance, the buyer to report such information on the PCOR, which the county assessor must provide to CAL FIRE and local fire agencies. This bill then requires the applicable fire agency to conduct a compliance inspection if the agency has not received documentation of compliance or otherwise confirmed compliance of the property within one year of the close of escrow.

PCOR. Existing law requires the BOE to consult with CAA to prescribe the PCOR for the purpose of maintaining statewide uniformity in the contents of the report. The PCOR provides information regarding the transfer of a property to assist an assessor with change in ownership property tax reassessments. Existing law prohibits the PCOR from including a question that is not germane to the assessment function. The PCOR includes a description of the property, the parties to the transaction, the date of acquisition, and the amount paid for the property. Although existing law requires an assessor to provide the form to a buyer and requires the buyer to complete the form, existing law only authorizes the buyer to file the form with the county recorder. As noted in the BOE’s analysis of this bill:

The PCOR is not a mandatory form and adding additional elements may make its filing less likely. While an assumption can be made that most taxpayers file the PCOR at the time of recording the deed, RTC 480.3 says that the PCOR shall be completed but may be filed with the recorder. If it is not filed, the recorder can charge an additional recording fee of $20. If the intent is to require all sellers in wildfire risk areas to report, adding a question on the PCOR does not necessarily accomplish that goal.

1. Support and Opposition. This bill is supported by the City of Berkeley, fire protection entities, and a coalition of insurer associations, the latter of which argues this bill ensures “enforcement agencies are notified when a property transfers without documented compliance” and “increases the likelihood that required mitigation measures are ultimately completed.”

This bill is opposed by CAA “unless amended to remove the assessor’s role and the use of the PCOR,” arguing that such use “to track or verify compliance agreements expands the form beyond its intended purpose, conflicts with confidentiality requirements, and inserts the assessor into processes unrelated to property tax administration.”

Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081

Date of Hearing: June 29, 2026

ASSEMBLY COMMITTEE ON REVENUE AND TAXATION

Mike Gipson, Chair

SBPCA Bill Id:SB 911

Author:(Becker) – As Amended Ver:June 1, 2026

Majority vote. Fiscal committee.

SENATE VOTE: 33-0

SUBJECT: Transfer of real property: fire hazard severity zones: compliance documentation

SUMMARY: Provides that when a written agreement is executed pursuant to Civil Code Section 1102.19 between a seller and buyer of real property, the buyer shall disclose whether they have an obligation to obtain documentation of compliance with specified defensible space requirements within one year of the date of the close of escrow on the preliminary change of ownership report (PCOR) filed pursuant to Revenue and Taxation Code (R&TC) Section 480.3. Specifically, the tax-related provisions of this bill:

1. Requires the PCOR to include a question specifying whether the property is located in a high or very high fire hazard severity zone, as specified, 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 executed under Civil Code Section 1102.19(b).
2. Require the county assessor to make available to the Department of Forestry and Fire Protection (CAL FIRE) and to local fire agencies the property address of any property, and name of the transferee, for which the transferee indicated on the PCOR 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 a written agreement between the seller and buyer.
3. Require the county assessor to disclose information, furnish abstracts, or permit access to all records in the assessor's office to CAL FIRE, local fire departments, and fire protection districts.
4. Find and declare that the prevention of wildland fires is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this bill's requirements apply to all cities, including charter cities.
5. Specify that no reimbursement is required by this bill pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this bill, within the meaning of Government Code Section 17556.

EXISTING LAW:

1. Requires a seller of 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. (Civil Code Section 1102.19(a).)
2. Provides that if the seller of real property described above has not obtained documentation of compliance, the seller and the buyer must 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, as specified. (Civil Code Section 1102.19(b).)
3. Specifies that, 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 is required to obtain documentation of compliance within one year of the date of the close of escrow. (Civil Code Section 1102.19(b).)
4. Requires each county assessor and recorder to make available, without charge and upon request, a form entitled PCOR, which transferees of real property are required to complete and authorized to file with the recorder concurrent with the recordation of any document effecting a change in ownership. (R&TC Section 480.3.)
5. Requires the PCOR to give information relative to the transfer, including, but not 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. (R&TC Section 480.4(a).)
6. Prohibits the PCOR from including any question that is not germane to the assessment function. (Id.)
7. Provides that, except as otherwise specified, 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 shall not be open to public inspection. (R&TC Section 408(a).)
8. Requires the assessor to disclose information, furnish abstracts, or permit access to all records in the assessor's office to the following:
   1. Law enforcement agencies;
   2. The county grand jury;
   3. The board of supervisors or their duly authorized agents, employees, or representatives, as specified;
   4. The county recorder, when conducting an investigation to determine whether a documentary transfer tax is imposed;
   5. The State Controller;
   6. Employees of the State Controller for property tax postponement purposes;
   7. Probate referees;
   8. Employees of the Franchise Tax Board, for tax administration purposes only;
   9. The California Department of Tax and Fee Administration;
   10. Staff appraisers of the Division of Financial Institutions;
   11. The Department of Transportation;
   12. The Department of General Services;
   13. The High-Speed Rail Authority;
   14. The State Board of Equalization;
   15. The State Lands Commission;
   16. The State Department of Social Services;
   17. The Department of Child Support Services;
   18. The Department of Water Resources; and,
   19. Other duly authorized legislative or administrative bodies of the state pursuant to their authorization to examine the records. (R&TC Section 408(b)(2).)

FISCAL EFFECT: Unknown, but no impact on state revenues.

COMMENTS:

1. The author has provided the following statement in support of this bill:

Ensuring existing homes that are located in high and very high fire threat severity zones comply with defensive space standards is essential to protecting life and property in the face of a catastrophic wildfire. Currently it is difficult for state and local fire code enforcement agencies to know which homes in high and very high fire threat severity zones do and do not comply with the defensive space standards. SB 911 seeks to build upon previous legislation (Chap 391, stats of 2019) which required compliance with defensive space upon sale of a residence, by ensuring fire enforcement agencies are aware that a sale has taken place and compliance [timelines] need to be met.

1. This bill is supported by the American Property Casualty Insurance Association, which notes:

The trades are pleased to support Senate Bill 911, authored by Senator Josh Becker. This measure closes a gap in existing law by ensuring that the appropriate enforcement has access to relevant records when a buyer and seller enter into a pre-sale agreement to comply with defensible space requirements. In addition, SB 911 requires a follow-up inspection by the local fire enforcement agency within one year of the sale to confirm that the property meets defensible space standards for fire protection.

The trades have long supported efforts to develop and implement defensible space programs that promote proactive engagement by homeowners, contractors, and local governments. Creating and maintaining defensible space—where vegetation, debris, and other combustible fuels are properly managed—can significantly slow the spread of wildfire to and from a structure. It remains one of the most effective ways to protect homes and communities. Conversely, a home that does not meet defensible space standards poses an increased risk not only to itself, but also to neighboring properties and first responders.

While establishing and maintaining defensible space can be both costly and time-intensive, the point of sale represents a critical window when financial resources are most available and expectations are clearly defined. Existing law recognizes this moment as an important opportunity to make necessary, and potentially lifesaving, investments. By ensuring that enforcement agencies are notified when a property transfers without documented compliance, SB 911 strengthens this framework and increases the likelihood that required mitigation measures are ultimately completed.

1. The California Assessors' Association has taken an oppose unless amended position, and notes the following:

The bill's use of the PCOR is inappropriate. The PCOR is an assessment-administration document used exclusively to determine potential reassessment issues after a transfer has been completed. Expanding it to document or verify fire-safety or vegetation-management compliance agreements creates confusion about the assessors' role and misstates the purpose of the form.

In addition, PCORs contain confidential taxpayer information and are legally protected from public disclosures. Requiring buyers and sellers to use the PCOR to report fire-safety compliance would improperly intertwine confidential assessment documents with unrelated regulatory processes and could create uncertainty about how protected information is handled. The confidentiality requirements governing PCORs underscore why the form is not suitable for fire-safety enforcement.

[. . .]

The PCOR is designed solely to help assessors determine reassessment obligations following a transfer and contains legally confidential information. Using it to track or verify compliance agreements expands the form beyond its intended purpose, conflicts with confidentiality requirements, and inserts the assessor into processes unrelated to property tax administration. Compliance documentation between buyers and sellers should be handled outside the assessment system and by agencies with appropriate subject-matter expertise.

1. Committee Staff Comments:
   1. Required disclosures upon the transfer of residential property: Existing law requires specified sellers of real property located in a high or very high fire hazard severity zone to provide the buyer documentation stating that the property is in compliance with Public Resources Code Section 4291's defensible space requirements or local vegetation management ordinances, as prescribed. (Civil Code Section 1102.19(a).)

If the seller of real property has not obtained documentation of compliance, however, the seller and buyer must enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance. (Civil Code Section 1102.19(b).) Specifically, in a local jurisdiction that has enacted an ordinance requiring an owner or buyer to obtain documentation of compliance, the buyer must comply with that ordinance. In a local jurisdiction that has not enacted such an ordinance, and if a state or local agency, other government entity, or other qualified nonprofit entity provides an inspection with documentation for the jurisdiction, the buyer must obtain documentation of compliance within one year of the date of the close of escrow.

• 1. What would this bill do? This bill provides that, when a written agreement described above is executed, the buyer must disclose whether they are obligated to obtain documentation of compliance within one year of the date of the close of escrow on the PCOR filed pursuant to R&TC Section 480.3.

This bill would also require county assessors to make available to CAL FIRE, and to local fire agencies, the property address of any property, and the name of the transferee, for which any transferee indicated on the PCOR 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, as specified.

Finally, this bill would provide that if CAL FIRE or the local fire department has not received documentation of compliance or otherwise certified compliance within one year of the date of the close of escrow, then CAL FIRE or the fire department shall conduct an inspection at the property.

• 1. A laudable goal: The author's office notes that wildfires in California have grown larger and have increased in intensity over the past several decades, and that more than 2 million households are located within or in close proximity to high or extreme fire risk areas of the state. As such, the author's office notes:

Ensuring existing homes that are located in high and very high fire threat severity zones comply with defensive space standards is essential to protecting life and property in the face of a catastrophic wildfire. While current law requires homes to be brought up to defensive space standards at time of sale, or, at the buyer's choosing, within a year of sale, it is difficult for state and local fire code enforcement agencies to know which homes in high and very high fire threat severity zones have complied with the law and [which] should be inspected for compliance.

• 1. The perineal question of how to solve one problem without creating another: As noted above, this bill is motivated by the laudable goal of providing notice to CAL FIRE and local fire agencies when a buyer of property in a high or very high fire hazard severity zone has an obligation to obtain documentation of compliance with defensive space requirements. With this information, the appropriate authority will be able to know which properties require an inspection. The question, of course, is how best to accomplish this notification function. This bill does so by requiring a buyer to disclose any obligation to obtain documentation of compliance on the PCOR.

The California Assessors' Association, however, opposes this approach. Specifically, they argue that this bill's use of the PCOR is inappropriate because the PCOR is an administrative document designed to be used exclusively to determine potential reassessments in value. Indeed, this assertion is buttressed by current law, which specifically provides that the PCOR shall not include any question that is not germane to the assessment function.

The California Assessors' Association also notes that the PCOR contains confidential taxpayer information legally protected from public disclosure. As a general matter, state law guards against the disclosure of such information to encourage full and accurate disclosures and to promote taxpayer confidence that their information will only be used for proper administrative purposes. Nevertheless, Committee staff would note that existing law does require county assessors to make their records available to a wide range of departments and entities for various purposes. This bill would add CAL Fire and local fire departments and fire protection districts to the list of entities with access to such information.

The California Assessors' Association has suggested an alternative notice mechanism for this bill. Specifically, they are requesting amendments to establish a separate standalone document that could be recorded concurrently with the sale or purchase of real property. This document, in turn, would be available to CAL FIRE and local fire agencies to provide the required notice contemplated by this bill. While this solution would seem to accomplish this bill's intent without further expanding the disclosure of confidential taxpayer information, Committee staff is informed that the California Association of Realtors would oppose any such approach. As such, this Committee is placed in the position of essentially choosing between two approaches – the current approach and an alternative one that promotes taxpayer confidentially but risks generating new opposition to a bill advanced on the laudable goal of ensuring safety for residents living in high fire risk areas of the state.

• 1. A question of interpretation: As noted above, existing law establishes a bifurcated system when the seller of real property has not obtained documentation of compliance at the time of sale. In such cases, the seller and buyer must enter into a written agreement in which the buyer agrees to obtain documentation of compliance. In local jurisdictions that have enacted an ordinance requiring documentation of compliance, the buyer must simply comply with that ordinance. In local jurisdictions without an ordinance, however, the buyer must generally obtain documentation of compliance "within one year of the date of the close of escrow."

This bill, in turn, makes repeated reference to this one-year timeline. For example, this bill provides that when a written agreement is executed, the buyer shall disclose whether they have an obligation to obtain documentation of compliance within one year of the date of the close of escrow on the PCOR. This raises a potential question of statutory ambiguity. The author's office has indicated that this bill is intended to cover both agreements in jurisdictions with a governing ordinance and jurisdictions without such an ordinance. However, by repeatedly referencing the one-year timeline that appears to only apply in the context of jurisdictions without an ordinance, this bill could potentially be interpreted to only require disclosures in such cases.

• 1. Double referral: This bill was double referred with the Assembly Committee on Judiciary, which passed this bill by a vote of 12 to 0 on June 16, 2026. For additional discussion of this bill's provisions, please refer to the analysis prepared by the Assembly Committee on Judiciary.

REGISTERED SUPPORT / OPPOSITION:

Support

American Property Casualty Insurance Association

Fire Aside

National Association of Mutual Insurance Companies

Pacific Association of Domestic Insurance Companies

Personal Insurance Federation of California

Opposition

California Assessors' Association

Analysis Prepared by: M. David Ruff / REV. & TAX. / (916) 319-2098

Date of Hearing: June 16, 2026

ASSEMBLY COMMITTEE ON JUDICIARY

Ash Kalra, Chair

SBPCA Bill Id:SB 911

Author:(Becker) – As Amended Ver:June 1, 2026

SENATE VOTE: 33-0

SUBJECT: Transfer of real property: fire hazard severity zones: compliance documentation

SYNOPSIS

Following a series of devastating wildfires across the state, in 2019, the Legislature enacted AB 38 (Wood) Chap. 391, Stats. 2019, which updated property sale disclosure requirements for properties within high or very high fire hazard severity zones. In addition to the formal disclosure that a property was within a fire hazard zone, AB 38 required property owners to ensure that the property met the state’s defensible space requirements. If a seller had not brought the property into compliance with the defensible space requirements prior to the sale, then the existing law required the buyer and seller to enter into a formal agreement specifying that the buyer would bring the property into compliance with the law within a year. Unfortunately, the formal implementation of AB 38 was somewhat problematic, and several clean-up measures have been needed to implement the disclosure regime.

This bill aims to address one of the few remaining challenges to implementing AB 38 by assisting state and local fire services in enforcing the measure. The bill would require, if the buyer and the seller were forced to enter into a written agreement about defensible space compliance, to notify the county assessor of the agreement at the close of escrow. The bill would task the county assessor with updating the preliminary change of ownership report to facilitate this notification. The bill also provides that the Department of Forestry and Fire Protection as well as local fire protection agencies are permitted access to the assessor’s records to determine what properties must submit compliance documentation within one year. Finally, the bill clarifies that the buyer must provide documentation of compliance with the law within one year and tasks the fire service responsible for the jurisdiction in which the property sits with inspecting the property if such documentation cannot be obtained.

This measure is supported by fire safety professionals as well as representatives of the insurance industry. The supporters of the bill note that properly maintained defensible space is one of the most critical factors in protecting structures during a wildfire, and boosting compliance with the defensible space laws will help save lives and property. Recent author’s amendments were drafted in consultation with the California Association of Realtors who have now adopted a neutral position on the measure. The recent amendments are now opposed by the California Assessors Association who contend that the requirements placed on the assessors go beyond their area of expertise. Should the bill be approved by this Committee, it will subsequently be referred to the Committee on Revenue and Taxation who has jurisdiction over county assessors and will be better equipped to evaluate the merit of using the assessor notification process to notify state and local fire services of a property’s potential implication of the defensible space laws.

SUMMARY: Requires the buyer of real property to disclose whether they have an obligation to obtain documentation with defensible space requirements on a preliminary change of ownership report filed with a county assessor. Specifically, this bill:

1. Requires the buyer of real property, when entering into a written agreement with the seller of the property that the buyer will obtain documentation of their compliance with the state law regarding defensible space, 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 filed with a county assessor.
2. Requires a 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 a written agreement.
3. Requires, in addition to other agencies specified in existing law, county assessors to disclose information, furnish abstracts, or permit access to all records in the assessor’s office to the Department of Forestry and Fire Protection, local fire departments and fire protection districts.
4. Requires the preliminary change of ownership report filed with a county assessor upon the sale of a property 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 the written agreement specified in 1).
5. Requires a local fire department or the Department of Forestry and Fire Protection, as applicable, if the agency 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, to conduct a compliance inspection at the property, as specified.

EXISTING LAW:

1. Requires a seller of real property that is located in a high or very high fire hazard severity zone, as identified by the Director of Forestry and Fire Protection, to provide to the buyer documentation stating that the property is in compliance with 3) 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 3) or a local vegetation management ordinance, the seller must 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; or
   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 3) 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 must 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. (Civil Code Section 1102.19 (a).)
2. Requires if the seller of a real property described in 1) has not obtained documentation of compliance in accordance with a) or b) of 1), the seller and buyer to enter into a written agreement in which the buyer agrees to obtain documentation of compliance 3) as follows:
   1. In a local jurisdiction that has enacted an ordinance requiring an owner or buyer to obtain documentation of compliance with 3) or a local vegetation management ordinance, the buyer must comply with that ordinance; or
   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 must obtain documentation of compliance within one year of the date of the close of escrow. (Civil Code Section 1102.19 (b).)
3. Requires a person who owns, leases, controls, operates, or maintains a building or structure in the state responsibility area to at all times do all of the following:
   1. Maintain defensible space of 100 feet from each side and from the front and rear of the structure, but not beyond the property line, as specified;
   2. Remove that portion of a tree that extends within 10 feet of the outlet of a chimney or stovepipe;
   3. Maintain a tree, shrub, or other plant adjacent to or overhanging a building free of dead or dying wood;
   4. Maintain the roof of a structure free of leaves, needles, or other vegetative materials; and
   5. Before constructing a new building or structure or rebuilding a building or structure damaged by a fire in which the construction or rebuilding of which requires a building permit, the owner must obtain a certification from the local building official that the dwelling or structure, as proposed to be built, complies with all applicable state and local building standards and provide a copy of the certification, upon request, to the insurer providing course of construction insurance coverage for the building or structure, as specified. (Public Resources Code Section 4291.)
4. Provides that, except as specified, 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 are not open to public inspection. (Revenue and Taxation Code Section 408 (a).)
5. Requires, notwithstanding 4), a county assessor to disclose information, furnish abstracts, or permit access to all records in the assessor’s office to law enforcement agencies, the county grand jury, the board of supervisors or their duly authorized agents, employees, or representatives when conducting an investigation of the assessor’s office, the county recorder when conducting an investigation to determine whether a documentary transfer tax is imposed, the Controller, employees of the Controller for property tax postponement purposes, probate referees, employees of the Franchise Tax Board for tax administration purposes only, the California Department of Tax and Fee Administration, staff appraisers of the Division of Financial Institutions, the Department of Transportation, the Department of General Services, the High-Speed Rail Authority, the State Board of Equalization, the State Lands Commission, the State Department of Social Services, the Department of Child Support Services, the Department of Water Resources, and other duly authorized legislative or administrative bodies of the state pursuant to their authorization to examine the records. (Revenue and Taxation Code Section 408 (b)(2).)
6. Requires, whenever there is a change of ownership of real property, a manufactured home, or a floating home that is subject to local property taxation and is assessed by the county assessor, the transferee to file a signed change in ownership statement in the county where the real property, manufactured home, or floating home is located, as specified. (Revenue and Taxation Code Section 480 (a).)
7. Requires, in order to effectuate the statement required by 6), 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 can complete and file with the recorder concurrent with the recordation of any document effecting a change in ownership. (Revenue and Taxation Code Section 480.3.)
8. Requires a change of ownership reported in accordance with 6) and 7) to include, at minimum, 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. (Revenue and Taxation Code Section 480.4.)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: Following a series of catastrophic wildfires in the wildland urban interface, in 2019, the Legislature enacted AB 38 (Wood) Chap. 391, Stats. 2019, to require property sellers to disclose to the buyer if the property complied with the state’s defensible space mandates. If the property was not in compliance that bill required the seller and buyer to enter into a written agreement in which the buyer agrees to obtain documentation of compliance in accordance with a local ordinance if such an ordinance exists, or otherwise within one year of the close of escrow.

As well intentioned as AB 38 was, the bill has faced significant implementation issues. Multiple bills have sought to make the AB 38 process easier to implement, including this Committee’s own 2022 omnibus measure (AB 2690 (Committee on Judiciary) Chap. 420, Stats. 2022.) This bill seeks to address several remaining implementation concerns, most notably, ensuring that the Department of Forestry and Fire Protection (CALFIRE) and local fire agencies are aware that a property has been sold and that the mandate to document compliance with the defensible space requirements falls onto a buyer. In support of the bill the author states:

Ensuring existing homes that are located in high and very high fire threat severity zones comply with defensive space standards is essential to protecting life and property in the face of a catastrophic wildfire. Currently it is difficult for state and local fire code enforcement agencies to know which homes in high and very high fire threat severity zones do and do not comply with the defensive space standards. SB 911 seeks to build upon previous legislation (Chap 391, Stats. 2019) which required compliance with defensive space upon sale of a residence, by ensuring fire enforcement agencies are aware that a sale has taken place and compliance timelines need to be met.

California’s defensible space laws help protect homes from the threat of wildfire. Maintaining defensible space around a person’s home has been shown to be one of the most effective tools to prevent structure loss in the event of a wildfire. Codified in Public Resources Code Section 4291 as well as regulations promulgated by the Board of Forestry and Fire Protection, the state’s defensible space laws generally require a homeowner living within a very high fire hazard severity zone to maintain 100 feet of space from each side and from the front and rear of the structure, but not beyond the property line, that is largely free from fuels for a wildfire. Not having these combustible materials in close proximity to the structure allows fire crews to set up hose lines and other tools to help protect the structure.

To ensure that the defensible space laws are properly implemented, CAL FIRE and local fire agencies can inspect properties within the very high fire severity zone and issue documentation to a homeowner indicating their compliance with the law. These compliance documents are frequently required by insurance companies as a condition of maintaining coverage for the property. However, as noted in a 2021 Legislative Analyst’s Office report, only 40 percent of the properties subject to inspection by CAL FIRE were receiving an inspection. (Legislative Analyst’s Office, Reducing the Destructiveness of Wildfires: Promoting Defensible Space in California (Sept. 30, 2021), available at https://lao.ca.gov/Publications/Report/4457#current-state-and-local-defensible-space-efforts.) One potential driver of the underwhelming rate of defensible space inspections appears to be the fire services’ lack of ability to determine what properties are due for inspections.

The AB 38 home sale notice process. The first aspect of the AB 38 process requires a seller of real property to disclose to the buyer, as a part of the standardized Real Estate Transfer Disclosure Statement, whether or not the property is in a fire hazard severity zone that would necessitate compliance with the defensible space rules. The law also required the seller to disclose if the property indeed complies with those rules. In the event a property did not meet the defensible space requirements, AB 38 then required the buyer and seller to enter into a written agreement that the buyer would bring the property into compliance with the law within one year.

This statutory requirement that the parties agree that one will fix the problem with a property within a set timeframe differs significantly from the existing property sale process. For example, if a property buyer seeks credit for a deficient roof or outdated water heater the price for those repairs is negotiated as a part of the sale. Even if a seller remits to the buyer some cost for repairs, the law provides no mechanism to mandate that the buyer actually conduct the work. However, in the AB 38 process the law mandated the defensible space be created no matter who was financially responsible. The one-year lag period was clearly designed to avoid having defensible space requirements cause property transactions to fail as a result of disputes between the parties. However, it appears that the statutorily provided lag period has resulted in under enforcement of the law.

Existing law requires specified property sale information to be sent to county assessors. In order to facilitate the orderly recording of property transactions and to ensure that county tax officials can properly assess parcels, the existing law requires certain documentation to be transmitted to the county assessor upon the close of a property sale. The transmission of this information is largely conducted through the preliminary change of ownership report. In order to streamline the process and make the documentation transmitted to the assessor as uniform as possible, the existing law requires county assessors to develop a standard form that property buyers can fill out. The information that must be provided on the form includes, but is not 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.

Although the ownership information regarding a specific parcel is public information, in order to protect the privacy of average citizens, significant portions of the information provided to, kept or prepared by the assessor are deemed private and not subject to public disclosure. However, given that these are government records, several governmental entities can access these records including local grand juries, tax officials and several designated state agencies who may need the information to establish rights of way or even to ensure the collection of child support. (Revenue and Taxation Code Section 408.)

This bill utilizes existing property sale notice provisions to alert the state’s fire services that a defensible space compliance check may be necessary. This measure seeks to better implement AB 38 in several ways and boost compliance with the state’s defensible state laws. First, the bill requires the buyer of real property 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. To assist home buyers in transmitting the information about the obligation, the standardized preliminary change of ownership report is to be updated by local officials 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 must comply with AB 38. Finally, to ensure that regulators can access the disclosure information the bill adds the Department of Forestry and Fire Protection, local fire departments, and fire protection districts to the list of entities entitled to access assessor records.

The bill also mandates that the firefighting agency with jurisdiction over the property, either CAL FIRE or a local department, must conduct a defensible space inspection if they do not receive documentation of compliance from the property buyer within the one-year period specified in existing law and authorizes the agency to seek cost recovery.

ARGUMENTS IN SUPPORT: This bill is supported by a coalition of insurance industry advocates and fire safety professionals. In support of the bill a coalition of insurance industry advocates write:

This measure closes a gap in existing law by ensuring that the appropriate enforcement has access to relevant records when a buyer and seller enter into a pre-sale agreement to comply with defensible space requirements. In addition, SB 911 requires a follow-up inspection by the local fire enforcement agency within one year of the sale to confirm that the property meets defensible space standards for fire protection.

The trades have long supported efforts to develop and implement defensible space programs that promote proactive engagement by homeowners, contractors, and local governments. Creating and maintaining defensible space—where vegetation, debris, and other combustible fuels are properly managed—can significantly slow the spread of wildfire to and from a structure. It remains one of the most effective ways to protect homes and communities. Conversely, a home that does not meet defensible space standards poses an increased risk not only to itself, but also to neighboring properties and first responders.

While establishing and maintaining defensible space can be both costly and time-intensive, the point of sale represents a critical window when financial resources are most available and expectations are clearly defined. Existing law recognizes this moment as an important opportunity to make necessary, and potentially lifesaving, investments. By ensuring that enforcement agencies are notified when a property transfers without documented compliance, SB 911 strengthens this framework and increases the likelihood that required mitigation measures are ultimately completed.

ARGUMENTS IN OPPOSITION: This bill is opposed by the California Assessors' Association. They write:

Current law already requires sellers of real property in high or very high fire hazard severity zones to provide to the buyer documentation demonstrating compliance with applicable fire-safety or vegetation management requirements. SB 911 would require assessors to submit confidential documentation, the Preliminary Change in Ownership Report (PCOR), to the local fire agencies.

The bill’s use of the PCOR is inappropriate. The PCOR is an assessment-administration document used exclusively to determine potential reassessment issues after a transfer has been completed. Expanding it to document or verify fire-safety or vegetation-management agreements creates confusion about the assessors’ role and misstates the purpose of the form.

REGISTERED SUPPORT / OPPOSITION:

Support

American Property Casualty Insurance Association
California Fire Chiefs Association
Fire Aside, Inc.
Fire Districts Association of California
National Association of Mutual Insurance Companies
Pacific Association of Domestic Insurance Companies
Personal Insurance Federation of California

Opposition

California Assessors' Association (unless amended)

Analysis Prepared by: Nicholas Liedtke / JUD. / (916) 319-2334

 THIRD READING  

Bill No: SB 911

Author: Becker (D)

Amended: 3/10/26

Vote: 21

SENATE JUDICIARY COMMITTEE: 12-0, 4/7/26

AYES: Umberg, Niello, Allen, Ashby, Caballero, Durazo, Reyes, Stern, Valladares, Wahab, Weber Pierson, Wiener

NO VOTE RECORDED: Laird

SENATE LOCAL GOVERNMENT COMMITTEE: 7-0, 4/22/26

AYES: Durazo, Choi, Arreguín, Ashby, Cervantes, Laird, Seyarto

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/14/26

AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab

SUBJECT: Transfer of real property: fire hazard severity zones: compliance documentation

SOURCE: Author

DIGEST:

This bill requires a seller of a single-family home located in a high or very high fire hazard severity zone to notify the local fire department or the Department of Forestry and Fire Protection of a written agreement between the seller and buyer and of the buyer’s obligation to obtain documentation of compliance with defensible space requirements, and requires the local fire department or Department of Forestry and Fire Protection to conduct a compliance inspection if it has not received documentation of compliance within one year of the date of the close of escrow, as specified.

ANALYSIS:

Existing law:

1. Requires a seller of residential property to make disclosures of natural hazards on a specified statement, called the Natural Hazard Disclosure Statement (NDS), to a prospective buyer if the property is within the following zones or areas:
   1. A special flood zone area as defined by the Federal Emergency Management Agency;
   2. An area of potential flooding as shown on a dam failure inundation map created by the Department of Water Resources;
   3. A very high fire hazard severity zone as identified by the Department of Forestry and Fire Protection;
   4. A wildland area that may contain substantial forest fire risks and hazards as identified by the Department of Forestry and Fire Protection;
   5. An earthquake fault zone as identified by the California Geological Survey; and
   6. A seismic hazard zone as identified by the California Geological Survey. ( Civil Code (CIV) § 1103.2 (a).)
2. Requires a seller of any single-family residence to deliver the required disclosures:
   1. as soon as practicable before transfer of title, in the case of a sale; or
   2. as soon as practicable before execution of the contract in the case of a sale by a real property sales contract, a lease together with an option to purchase, or a ground lease coupled with improvements. (CIV §§ 1102.3, 1103.3.)
3. Exempts from the disclosure provisions transfers of single-family residences that are made pursuant to a court order, pursuant to a foreclosure or mortgage default, by a fiduciary in the administration of a trust, guardianship, conservatorship or estate, from one co-owner to one or more other co-owners, to a spouse, pursuant to a dissolution of marriage or legal separation, to or from any governmental entity, and made under various other circumstances, as specified. (CIV §§ 1102.2, 1103.1.)
4. Specifies that no transfer of a single-family residence shall be invalidated solely because of the failure to comply with the disclosure requirements, but that a person who willfully or negligently violates or fails to perform the disclosure duties shall be liable for actual damages. (CIV §§ 1102.13, 1103.13.)
5. Requires, on and after July 1, 2021, that a seller of a single-family home located within a high or very high fire hazard severity zone provide the buyer with documentation stating that the property is in compliance with state and local defensible space requirements, as follows:
   1. For properties in local jurisdictions that have enacted an ordinance requiring an owner of property within the jurisdiction to obtain documentation that the property is in compliance with defensible space rules, the seller must provide the buyer with a copy of the documentation that complies with the requirements of the local ordinance and information on the local agency from which a copy of the documentation may be obtained; or
   2. For properties in local jurisdictions with no local ordinance, if a state or local agency or other specified entity provides an inspection with documentation for the jurisdiction, the seller must provide the buyer with documentation obtained within the six months prior to the seller and buyer entering into a transaction to sell the property. (CIV § 1102.19(a).)
6. Requires, on and after July 1, 2021, if the seller of a single-family home subject to the requirements in (5) has not obtained documentation of compliance pursuant to (5)(a) or (5)(b), that the seller and buyer enter into a written agreement for the buyer to obtain documentation of compliance with defensible space requirements, either as follows:
   1. If the local jurisdiction has an ordinance requiring that an owner or buyer obtain documentation, the buyer obtain documentation in compliance with that ordinance; or
   2. If the local jurisdiction does not have a local ordinance requiring an owner or buyer to obtain documentation of compliance, and if a state or local agency or other specified entity provides an inspection with documentation for the jurisdiction, the buyer obtain documentation of compliance within one year of the date of the close of escrow. (CIV § 1102.19(b).)
7. Requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. (Government Code (GOV) § 51178 & Public Resources Code (PRC) § 4202.)
8. Requires the Board of Forestry and Fire Protection to 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, commonly referred to as the “State Responsibility Area.” (PRC § 4125 (a).)
9. Requires a person who owns, leases, controls, operates, or maintains a building or structure in a state responsibility area to maintain defensible space of 100 feet around their structure, but not beyond the property line, with more intense fuel reductions between five and 30 feet around the structure and an ember-resistant zone within five feet of the structure, as specified, and to take various other actions and maintenance related to trees or other plants near a structure’s chimney or stovepipe or overhanging the building, and related to vegetative material on the structure’s roof. (PRC § 4291.)
10. Requires a person who owns, leases, controls, operates, or maintains an occupied dwelling or structure within a very high fire hazard severity zone within a local responsibility area to maintain defensible space of 100 feet around the structure, with more intense fuel reductions between five and 30 feet around the structure and an ember-resistant zone within five feet of the structure, as specified. Additionally requires such a person to take various other actions and maintenance related to trees or other plants near a structure’s chimney or stovepipe or overhanging the building, and related to vegetative material on the structure’s roof. (GOV § 51182.)
11. Permits a city, county, or city and county fire department or district providing fire protection services to charge and collect a fee from an owner of the structure, as specified, and permits the State Fire Marshal or their representative who inspects an occupied structure, except dwellings, to charge and collect a fee for the inspection and related fire and life safety activities. (Health and Safety Code (HSC) § 13146.2.)
12. Permits a fire protection district to charge a fee to cover the cost of any service that it provides, or to cover the cost of enforcing any regulation for which the fee is charged, at no more than the costs reasonably borne in providing the service or enforcement, and requires the district to establish a schedule of fees. (HSC § 13916.)

This bill:

1. Requires, before the close of escrow, a seller of a single-family home, if they did not obtain documentation of compliance and must sign a written agreement with the buyer for the buyer to obtain documentation of compliance in accordance with (6)(b), above, where a local jurisdiction does not have an ordinance requiring documentation of compliance and an entity provides an inspection with documentation for the jurisdiction, to notify the local fire department or the Department of Forestry and Fire Protection, as applicable, of the written agreement and the buyer’s obligation to obtain documentation of compliance.
2. Specifies that the written agreement and documentation of compliance may be transmitted electronically or by hard copy.
3. Requires, if the local fire department or the Department of Forestry and Fire Protection has not received the documentation of compliance within one year of the date of close of escrow, that the local fire department or the Department of Forestry and Fire Protection conduct a compliance inspection at the property.
4. Specifies that the local fire department or the Department of Forestry and Fire Protection may delegate the responsibility to conduct a compliance check to a third-party, nonprofit entity that it or the State Fire Marshal deems qualified to conduct defensible space programs and compliance inspections or re-inspections.
5. Permits compliance inspections and re-inspections to be conducted in-person, or by remote verification using photographic evidence or documentation of completed work.
6. Permits the local fire department to prioritize compliance inspections and re-inspections based on factors that include, but are not limited to, wildfire risk and repetitive noncompliance.
7. Permits a local fire department to recover the costs of compliance inspections and re-inspections pursuant to current statutory provisions.
8. Specifies that nothing in the provisions described in (3) through (7), above, may be construed to modify current immunities granted to a local fire department under any provision of law or under specified existing provisions of the Government Code.
9. Specifies that the provisions in (7) and (8), above, are declaratory of existing law.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

Estimated $6.1 million in 2026-27 and $5.6 million annually thereafter to maintain funding for 31 inspectors to conduct defensible space inspections of private property within state responsibility areas (General Fund).

Unknown, potentially significant costs for local enforcing agencies to ensure compliance with defensible space, vegetation management, and fuel modification requirements. The bill authorizes enforcing agencies to charge a fee sufficient to cover their administrative and investigatory costs.

SUPPORT: (Verified 5/14/26)

American Property Casualty Insurance Association
California Fire Chiefs Association
Fire Aside, Inc.
Fire Districts Association of California
National Association of Mutual Insurance Companies
Pacific Association of Domestic Insurance Companies
Personal Insurance Federation of California

OPPOSITION: (Verified 5/14/26)

California Association of Realtors

ARGUMENTS IN SUPPORT:

According to Fire Aside, Inc., which supports SB 911:

We support SB 911 because, in our day-to-day work with fire agencies, we see firsthand how inconsistent compliance documentation at the point of sale creates gaps that are difficult to close later. SB 911 addresses this directly by creating a clear notification pathway to local fire departments — and to CAL FIRE where applicable — when buyers have assumed responsibility for obtaining defensible space compliance. That structured handoff is exactly what allows fire agencies to follow up effectively and ensure new property owners understand their wildfire safety obligations. Real estate transactions are a critical moment to establish those expectations, and SB 911 makes meaningful use of that opportunity.

ARGUMENTS IN OPPOSITION:

According to the California Association of Realtors, which opposes SB 911:

[A]s currently drafted, SB 911 raises several concerns that could create unintended burdens for both sellers and buyers. Accordingly, C.A.R. has adopted an Oppose Unless Amended position.

Specifically, subdivision (b) places an impractical obligation on sellers to comply with notification requirements. In practice, this approach is likely to result in confusion and inconsistent compliance. A more effective and workable solution would be to incorporate the notification into the closing process, where documentation and disclosures are already systematically handled.

As amended on March 10, 2026, SB 911 requires the seller to notify the local fire department or the Department of Forestry and Fire Protection of the buyer’s obligation to obtain documentation of compliance prior to the close of escrow. However, during the Senate Judiciary Committee hearing, the author committed to revising the bill to instead incorporate this notification into the Preliminary Change of Ownership Report (PCOR), which is completed by the transferee at closing. C.A.R. views this as a reasonable and practical compromise and is prepared to remove its opposition once these amendments are in print.

Prepared by: Ian Dougherty / JUD. / (916) 651-4113

5/16/26 9:45:46

**** END ****

SENATE COMMITTEE ON

Senator Sabrina Cervantes, Chair

2025 - 2026 Regular Session

SB 911 (Becker) - Transfer of real property: fire hazard severity zones: compliance documentation

Bill Summary:

SB 911 would require, in cases where the buyer assumes the obligation to document compliance with defensible space requirements, the seller to notify the local fire department or the Department of Forestry and Fire Protection (CalFire), as applicable, of the written agreement and the buyer’s obligation.

Fiscal Impact:

Estimated $6.1 million in 2026-27 and $5.6 million annually thereafter to maintain funding for 31 inspectors to conduct defensible space inspections of private property within state responsibility areas (General Fund).

Unknown, potentially significant costs for local enforcing agencies to ensure compliance with defensible space, vegetation management, and fuel modification requirements. The bill authorizes enforcing agencies to charge a fee sufficient to cover their administrative and investigatory costs.

Background:

The Office of the State Fire Marshall (SFM) supports the mission of CalFire by focusing on fire prevention and provides support through a wide variety of fire safety responsibilities. Additionally, the SFM classifies certain lands within the state into fire hazard severity zones (FHSZs). Each zone is based on fuel loading, slope, fire weather, and other relevant factors present, including areas where CalFire identifies winds as a major cause of wildfire spread. Unlike an insurance company’s risk assessment of a house in the woods, which might take into account its composite wood sidings, hazard maps only take into account the lasting facts about a location.

Proposed Law:

Requires sellers to notify the applicable fire agency of a buyer’s obligation to document defensible space compliance, and mandates inspection by the applicable fire agency if no documentation is provided.

If the local fire department or CalFire has not received documentation of compliance within one year of the date of the close of escrow, the fire department or CalFire must inspect the property. The local fire department or CalFire can delegate the responsibility to conduct a compliance check to a third-party, nonprofit entity that it or the SFM deems qualified to conduct defensible space programs and compliance inspections and reinspections. This bill allows inspections and reinspections to be conducted in person or remotely, as specified, or by documentation of completed work. A local fire department can prioritize inspections as needed and charge fees to cover the cost of the program.

Related Legislation:

SB 629 (Durazo), 2025 would have required CalFire and local agencies to conduct annual defensible space inspections and established a process for designating post-wildfire safety areas to ensure compliance with defensible space and other requirements that apply in FHSZs. Governor Newsom vetoed SB 629 with the following message:

“I am returning Senate Bill 629 without my signature.

“This bill would, among other things, create a newly defined post-wildfire safety area designation and would require the Office of the State Fire Marshal of the California Department of Forestry and Fire Protection to include new criteria when mapping Fire Hazard Severity Zones (FHSZs).

“Wildfire risk and hazard modeling are crucial tools for informing wildfire mitigation strategies and allocating resources to prevent ignitions and effectively respond to wildfires before they become catastrophic. Since 2019, my Administration, in partnership with the Legislature, has invested over $5 billion in wildfire mitigation, response, and forest resilience. All of which have been guided by leading-edge science and modeling, with most of it developed right here in California.

“I remain strongly supportive of this work and the work of OSFM to enhance its modeling capabilities and maintain updated, robust FHSZs to further inform wildfire mitigation measures. This work is actively underway, and though I find this bill’s intent laudable, it presents new, ongoing, and significant costs to the state not accounted for in this year's budget.

“For these reasons, I cannot sign this bill.”

SENATE COMMITTEE ON LOCAL GOVERNMENT

Senator María Elena Durazo, Chair

2025 - 2026 Regular

Transfer of real property: fire hazard severity zones: compliance documentation

Requires sellers to notify the applicable fire agency of a buyer’s obligation to document defensible space compliance, and mandates inspection by the applicable fire agency if no documentation is provided.

Background

Fire Hazard Severity Zones. The California Department of Forestry and Fire Protection (CALFIRE) provides wildland fire protection on non-federal lands outside cities. To meet this duty, the State Board of Forestry and Fire Protection (Board) designates the State Responsibility Area (SRA) every five years. Within SRA lands, CALFIRE designates moderate, high, and very high fire hazard severity zones (FHSZs). After the 1991 Oakland-Berkeley firestorm, the Legislature required CALFIRE to designate the very high FHSZ in the Local Responsibility Area (LRA). Following two devastating wildfire seasons in 2018 and 2020, which included the August Complex Fire that consumed over one million acres in 2020, the Legislature expanded the requirements for the LRA maps to include moderate and high FHSZs, consistent with the SRA. In 2024 and 2025, CALFIRE updated the SRA and LRA maps for the first time since 2007.

Defensible space requirements. Landowners in the SRA and the very high FHSZ must follow specified fire prevention practices and meet standards developed by the Board (AB 337, Bates, 1992). These practices and standards include maintaining “defensible space” of 100 feet around structures, with additional, more strict requirements for the zones within 30 feet and five feet of the home. Landowners must also perform certain activities to reduce the amount of flammable material near and on structures. AB 3074 (Friedman, 2020) established an ember-resistant zone within 5 feet of a structure as part of revised defensible space requirements for structures located in FHSZs (known as “Zone 0”).

Creating defensible space reduces the wildfire risk to residences and businesses. Defensible space acts as a barrier to slow or halt the progress of fire that would otherwise engulf a property. It also helps to ensure the safety of firefighters defending structures. CALFIRE conducts defensible space inspections in the SRA, where CALFIRE has primary responsibility for wildfire protection. In the LRA, local agencies, such as fire districts, cities, or counties, conduct those inspections.

According to the Legislative Analyst’s Office (LAO) report “Reducing the Destructiveness of Wildfires: Promoting Defensible Space in California,” inspections are the main type of activity state and local agencies take related to defensible space. During inspections, inspectors visit properties to assess their compliance with defensible space requirements. State and local agencies vary in how they conduct inspections, which properties are prioritized for inspections, and the training provided to inspectors. At the time of the 2021 report, CALFIRE had identified about 768,000 parcels within the SRA subject to defensible space inspections. Additionally, 35 local fire agencies provided data to the LAO showing an average inspection rate of roughly 35%. As with Cal FIRE, the inspection rates vary considerably across jurisdictions, with reported rates ranging from 3% to 100%.

Real estate transfer disclosures. When an owner sells a single-family residential property, they generally must provide the buyer with certain disclosures that outline the conditions and issues with the property of which the seller is aware. Many of these disclosures are made on the Real Estate Transfer Disclosure Statement (TDS), including any known significant defects in the insulation, roof, foundation, plumbing, and electrical systems, among others. The TDS also includes an extensive questionnaire relating to specific dangers or issues known about the property.

In addition to the disclosures included in the TDS, state law requires other disclosures and notices. A seller must disclose to a potential buyer whether the property is located in a designated high or very high FHSZ and must provide a natural hazard disclosure statement disclosing whether the property is located in various disaster areas.

In 2019, the Legislature enacted AB 38 (Wood), which requires that homeowners make certain disclosures to a prospective buyer of their home regarding the home’s compliance with state defensible space requirements. Specifically, it requires a seller of a single-family home located within a high or very high FHSZ to provide a buyer with documentation stating that the property is in compliance with state and local defensible space requirements. If the seller has not obtained documentation of compliance, AB 38 requires the seller and buyer to enter into a written agreement in which the buyer agrees to obtain documentation of compliance in accordance with a local ordinance if such an ordinance exists, or otherwise within one year of the close of escrow.

Because fire agencies may not know when a property has been sold, they may be unaware that such an agreement has been made. The author wants to ensure greater compliance with defensible space standards.

Proposed Law

Senate Bill 911 requires, in cases where the buyer assumes the obligation to document compliance with defensible space requirements, the seller to notify the local fire department or CALFIRE, as applicable, of the written agreement and the buyer’s obligation.

If the local fire department or CALFIRE has not received documentation of compliance within one year of the date of the close of escrow, the fire department or CALFIRE must inspect the property. The local fire department or CALFIRE can delegate the responsibility to conduct a compliance check to a third-party, nonprofit entity that it or the State Fire Marshal deems qualified to conduct defensible space programs and compliance inspections and reinspections. The bill allows inspections and reinspections to be conducted in person or remotely, as specified, or by documentation of completed work. A local fire department can prioritize inspections as needed and charge fees to cover the cost of the program.

SB 911 provides that it does not modify the immunities granted to a local fire department under any provision of law, and states that this provision is declaratory of existing law.

Comments

1. Purpose of the bill. According to the author, “Ensuring existing homes that are located in high and very high fire threat severity zones comply with defensive space standards is essential to protecting life and property in the face of a catastrophic wildfire. Overwhelming data suggest the two most important factors in protecting homes from wildfire are selection of building materials and the maintenance of vegetation and other flammable materials in order to establish adequate defensible space. 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 has not obtained that documentation, existing law allows the seller and the buyer to enter into a written agreement pursuant to which the buyer agrees to bring the home compliance within one year of the transaction. Currently it is difficult for state and local fire code enforcement agencies to know which homes have such agreements. SB 911 seeks to provide a mechanism to ensure fire enforcement agencies are aware that a sale has taken place and compliance timelines need to be met.”

2. Step up. Under current law, homeowners within the SRA and very high FHSZ must meet defensible space requirements at all times. While some local agencies and CALFIRE periodically inspect homes for defensible space, the frequency of those inspections varies widely across the state. In some jurisdictions, homes may never be inspected for compliance. Existing law’s requirements for documenting compliance around the time of sale provide some measure of assurance that defensible space is being maintained, but this requirement is triggered infrequently and therefore is limited in its ability to force ongoing compliance. SB 911 makes that tool marginally more useful by requiring notice to the relevant fire agency when a real estate transaction occurs where the buyer is responsible for showing that their property meets defensible space requirements, and requires fire agencies to inspect those properties if they haven’t received the required documentation. However, SB 911 may not significantly improve defensible space compliance: the bill does not impose fines or other consequences if a seller fails to notify the fire agency as required by SB 911, nor on the fire agency if it fails to conduct the required inspection. To truly ensure that homeowners maintain defensible space continually, as required by law, the Legislature may need to direct fire agencies to implement regular inspection and enforcement programs.

3. Previous legislation. SB 629 (Durazo, 2025) would have required CALFIRE and local agencies to conduct annual defensible space inspections and established a process for designating post-wildfire safety areas to ensure compliance with defensible space and other requirements that apply in very high FHSZs. SB 629 was amended in the Assembly Appropriations Committee to remove the requirement for annual defensible space inspections. Subsequently, Governor Newsom vetoed SB 629 with the following message:

“I am returning Senate Bill 629 without my signature.

“This bill would, among other things, create a newly defined post-wildfire safety area designation and would require the Office of the State Fire Marshal of the California Department of Forestry and Fire Protection to include new criteria when mapping Fire Hazard Severity Zones (FHSZs).

“Wildfire risk and hazard modeling are crucial tools for informing wildfire mitigation strategies and allocating resources to prevent ignitions and effectively respond to wildfires before they become catastrophic. Since 2019, my Administration, in partnership with the Legislature, has invested over $5 billion in wildfire mitigation, response, and forest resilience. All of which have been guided by leading-edge science and modeling, with most of it developed right here in California.

“I remain strongly supportive of this work and the work of OSFM to enhance its modeling capabilities and maintain updated, robust FHSZs to further inform wildfire mitigation measures. This work is actively underway, and though I find this bill’s intent laudable, it presents new, ongoing, and significant costs to the state not accounted for in this year's budget.

“For these reasons, I cannot sign this bill.”

4. Mandate. The California Constitution requires the state to reimburse local governments for the costs of new or expanded state mandated local programs. Because SB 911 adds to the duties of local entities, Legislative Counsel says the bill imposes a new state mandate. SB 911 disclaims the state’s responsibility for providing reimbursement by citing local governments’ authority to charge for the costs of implementing the bill’s provisions.

5. Charter city. The California Constitution allows cities that adopt charters to control their own “municipal affairs.” In all other matters, charter cities must follow the general, statewide laws. Because the Constitution doesn’t define “municipal affairs,” the courts determine whether a topic is a municipal affair or whether it’s an issue of statewide concern. SB 911 says that it applies to all cities, including charter cities. To support this assertion, the bill includes a legislative finding and declaration that the prevention of wildland fires is a matter of statewide concern.

6. Incoming! The Senate Rules Committee ordered a double referral of SB 911: first to the Committee on Judiciary, which approved the bill at its April 7^th hearing on a vote of 12-0, and second to the Committee on Local Government.

Support and Opposition

(4/17/2026)

Support: American Property Casualty Insurance Association
Fire Aside, INC
National Association of Mutual Insurance Companies
Pacific Association of Domestic Insurance Companies
Personal Insurance Federation of California

Opposition: California Association of Realtors

-- END --

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2025-2026 Regular Session

Bill No: SB 911 (Author:Becker)

Version: March 10, 2026

Hearing Date: March 24, 2026

Fiscal: Yes

Urgency: No

Consultant: ID

SUBJECT

Transfer of real property: fire hazard severity zones: compliance documentation

DIGEST

This bill requires a seller of a single-family home located in a high or very high fire hazard severity zone to notify the local fire department or the Department of Forestry and Fire Protection of a written agreement between the seller and buyer and of the buyer’s obligation to obtain documentation of compliance with defensible space requirements, and requires the local fire department or Department of Forestry and Fire Protection to conduct a compliance inspection if it has not received documentation of compliance within one year of the date of the close of escrow, as specified.

EXECUTIVE SUMMARY

Wildfires are becoming increasingly prevalent and destructive in California. One of the most effective strategies for minimizing the risk of wildfires to homes is the creation of defensible space, which is the maintenance of the space surrounding a home free of combustible materials and dead or excess vegetation. Under state law, properties in state responsibility areas and properties in local responsibility areas that are in a very high fire hazard severity zone must maintain defensible space around their home or building. Under state law, a seller of a single-family home in a high or very high fire hazard severity zone must provide a buyer with documentation stating that the property is in compliance with state and local defensible space requirements. If the seller has not obtained documentation of compliance, they must enter into a written agreement with the buyer in which the buyer agrees to obtain documentation of compliance in accordance with a local ordinance, if such an ordinance exists, or otherwise within one year of the close of escrow. SB 911 requires, in such circumstances, that the seller notifies the local fire department or the Department of Forestry and Fire Protection, as applicable, of the written agreement and the buyer’s obligation to obtain documentation of compliance. It requires, if the local fire department or the Department of Forestry and Fire Protection has not received documentation of compliance within one year of the close of escrow, that it conduct a compliance inspection of the property, as specified.

SB 911 is author-sponsored and is supported by Fire Aside, Inc and a number of insurance associations. It is opposed by the California Association of Realtors. If SB 911 passes this Committee, it will be heard in the Senate Local Government Committee.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Requires a seller of residential property to make disclosures of natural hazards on a specified statement, called the Natural Hazard Disclosure Statement (NDS), to a prospective buyer if the property is within the following zones or areas:
   1. A special flood zone area as defined by the Federal Emergency Management Agency;
   2. An area of potential flooding as shown on a dam failure inundation map created by the Department of Water Resources;
   3. A very high fire hazard severity zone as identified by the Department of Forestry and Fire Protection;
   4. A wildland area that may contain substantial forest fire risks and hazards as identified by the Department of Forestry and Fire Protection;
   5. An earthquake fault zone as identified by the California Geological Survey; and
   6. A seismic hazard zone as identified by the California Geological Survey. (Civ. Code § 1103.2 (a).)
2. Requires a seller of any single-family residence to deliver the required disclosures:
   1. as soon as practicable before transfer of title, in the case of a sale; or
   2. as soon as practicable before execution of the contract in the case of a sale by a real property sales contract, a lease together with an option to purchase, or a ground lease coupled with improvements. (Civ. Code §§ 1102.3, 1103.3.)
3. Exempts from the disclosure provisions transfers of single-family residences that are made pursuant to a court order, pursuant to a foreclosure or mortgage default, by a fiduciary in the administration of a trust, guardianship, conservatorship or estate, from one co-owner to one or more other co-owners, to a spouse, pursuant to a dissolution of marriage or legal separation, to or from any governmental entity, and made under various other circumstances, as specified. (Civ. Code §§ 1102.2, 1103.1.)
4. Specifies that no transfer of a single-family residence shall be invalidated solely because of the failure to comply with the disclosure requirements, but that a person who willfully or negligently violates or fails to perform the disclosure duties shall be liable for actual damages. (Civ. Code §§ 1102.13, 1103.13.)
5. Requires, on and after July 1, 2021, that a seller of a single-family home located within a high or very high fire hazard severity zone provide the buyer with documentation stating that the property is in compliance with state and local defensible space requirements, as follows:
   1. For properties in local jurisdictions that have enacted an ordinance requiring an owner of property within the jurisdiction to obtain documentation that the property is in compliance with defensible space rules, the seller must provide the buyer with a copy of the documentation that complies with the requirements of the local ordinance and information on the local agency from which a copy of the documentation may be obtained; or
   2. For properties in local jurisdictions with no local ordinance, if a state or local agency or other specified entity provides an inspection with documentation for the jurisdiction, the seller must provide the buyer with documentation obtained within the six months prior to the seller and buyer entering into a transaction to sell the property. (Civ. Code § 1102.19(a).)
6. Requires, on and after July 1, 2021, if the seller of a single-family home subject to the requirements in (5) has not obtained documentation of compliance pursuant to (5)(a) or (5)(b), that the seller and buyer enter into a written agreement for the buyer to obtain documentation of compliance with defensible space requirements, either as follows:
   1. If the local jurisdiction has an ordinance requiring that an owner or buyer obtain documentation, the buyer obtain documentation in compliance with that ordinance; or
   2. If the local jurisdiction does not have a local ordinance requiring an owner or buyer to obtain documentation of compliance, and if a state or local agency or other specified entity provides an inspection with documentation for the jurisdiction, the buyer obtain documentation of compliance within one year of the date of the close of escrow. (Civ. Code § 1102.19(b).)
7. Requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. (Gov. Code § 51178 & Pub. Resources Code § 4202.)
8. Requires the Board of Forestry and Fire Protection to 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, commonly referred to as the “State Responsibility Area.” (Pub. Resources Code § 4125 (a).)
9. Requires a person who owns, leases, controls, operates, or maintains a building or structure in a state responsibility area to maintain defensible space of 100 feet around their structure, but not beyond the property line, with more intense fuel reductions between five and 30 feet around the structure and an ember-resistant zone within five feet of the structure, as specified, and to take various other actions and maintenance related to trees or other plants near a structure’s chimney or stovepipe or overhanging the building, and related to vegetative material on the structure’s roof. (Pub. Resources Code § 4291.)
10. Requires a person who owns, leases, controls, operates, or maintains an occupied dwelling or structure within a very high fire hazard severity zone within a local responsibility area to maintain defensible space of 100 feet around the structure, with more intense fuel reductions between five and 30 feet around the structure and an ember-resistant zone within five feet of the structure, as specified. Additionally requires such a person to take various other actions and maintenance related to trees or other plants near a structure’s chimney or stovepipe or overhanging the building, and related to vegetative material on the structure’s roof. (Gov. Code § 51182.)
11. Permits a city, county, or city and county fire department or district providing fire protection services to charge and collect a fee from an owner of the structure, as specified, and permits the State Fire Marshal or their representative who inspects an occupied structure, except dwellings, to charge and collect a fee for the inspection and related fire and life safety activities. (Health & Saf. Code § 13146.2.)
12. Permits a fire protection district to charge a fee to cover the cost of any service that it provides, or to cover the cost of enforcing any regulation for which the fee is charged, at no more than the costs reasonably borne in providing the service or enforcement, and requires the district to establish a schedule of fees. (Health & Saf. Code § 13916.)

This bill:

1. Requires, before the close of escrow, a seller of a single-family home, if they did not obtain documentation of compliance and must sign a written agreement with the buyer for the buyer to obtain documentation of compliance in accordance with (6)(b), above, where a local jurisdiction does not have an ordinance requiring documentation of compliance and an entity provides an inspection with documentation for the jurisdiction, to notify the local fire department or the Department of Forestry and Fire Protection, as applicable, of the written agreement and the buyer’s obligation to obtain documentation of compliance.
2. Specifies that the written agreement and documentation of compliance may be transmitted electronically or by hard copy.
3. Requires, if the local fire department or the Department of Forestry and Fire Protection has not received the documentation of compliance within one year of the date of close of escrow, that the local fire department or the Department of Forestry and Fire Protection conduct a compliance inspection at the property.
4. Specifies that the local fire department or the Department of Forestry and Fire Protection may delegate the responsibility to conduct a compliance check to a third-party, nonprofit entity that it or the State Fire Marshal deems qualified to conduct defensible space programs and compliance inspections or re-inspections.
5. Permits compliance inspections and re-inspections to be conducted in-person, or by remote verification using photographic evidence or documentation of completed work.
6. Permits the local fire department to prioritize compliance inspections and re-inspections based on factors that include, but are not limited to, wildfire risk and repetitive noncompliance.
7. Permits a local fire department to recover the costs of compliance inspections and re-inspections pursuant to current statutory provisions.
8. Specifies that nothing in the provisions described in (3) through (7), above, may be construed to modify current immunities granted to a local fire department under any provision of law or under specified existing provisions of the Government Code.
9. Specifies that the provisions in (7) and (8), above, are declaratory of existing law.

COMMENTS

1. Author’s statement

According to the author:

Ensuring existing homes that are located in high and very high fire threat severity zones comply with defensible space standards is essential to protecting life and property in the face of a catastrophic wildfire. Currently it is difficult for state and local fire code enforcement agencies to know which homes in high and very high fire threat severity zones do and do not comply with the defensible space standards. SB 911 seeks to build upon previous legislation (Ch. 391, stats. of 2019) which required compliance with defensible space upon sale of a residence, by ensuring fire enforcement agencies are aware that a sale has taken place and compliance timelines need to be met.

1. Wildfires are an increasing threat to California homes

California’s unique landscape has long been prone to wildfires. Yet in recent years, the risk that wildfires pose to Californians and their homes and communities has increased substantially, as have the prevalence of wildfires themselves. Of the twenty largest wildfires in California’s history, thirteen have occurred within the last ten years.^[1] In 2020 alone, over 4.2 million acres of land were consumed by wildfires.^[2] That is the equivalent of the entire area of Los Angeles, Orange, Santa Clara, and Santa Cruz counties combined. This increase in prevalence is in no small part due to the devastating impacts that climate change is having on California’s environment, as climate change lengthens the state’s wildfire season and makes wildfires more likely.^[3]

Wildfires have also been increasingly more destructive. The Camp fire, which swept through the city of Paradise in 2018, destroyed 18,804 structures and killed 85 people and was one of the most destructive wildfires in the state’s history.^[4] Yet last year’s Palisades and Eaton fires in Los Angeles were similarly destructive and constitute the second and third most destructive wildfires in state history. The Palisades fire burned a total of 23,448 acres and damaged or destroyed almost 8,000 structures in the Pacific Palisades and Topanga State Park area of west Los Angeles, and the Eaton fire consumed 14,021 acres and damaged or destroyed more than 10,000 structures, including significant portions of the city of Altadena.^[5] About half of all properties in the Pacific Palisades and Altadena were destroyed by the Palisades and Eaton fires, and the fires together tragically took the lives of 29 civilians and injured a dozen firefighters.

Part of the reason for the destructiveness of recent fires relates to how much housing in California is built in areas that are next to areas of wildland (these areas are often called the Wildland Urban Interface, or WUI), as such areas pose significant risks to man-made structures from wildfires in adjacent wildland as well as from the interspersed nature of fire fuel among urban development that characterizes WUIs. In recent years, California has increasingly built homes in and expanded WUIs in the state and areas next to wildland areas at risk of wildfires.^[6] Given this continued development in WUIs and high risk fire zones, and the link between climate change and the increased prevalence and severity of wildfires, wildfires in California will likely continue to pose even greater threats to Californians and homes and structures throughout the state.^[7]

1. The state’s Fire Hazard Severity Zones

In 1980, a severe wildfire broke out in the San Bernardino Mountains, killing four people and destroying 325 structures. In response, the California Legislature passed SB 1916 (Sher, Ch. 806, Stats. 1982) to require the creation of fire hazard severity zone (FHSZ) maps for all areas of California that are considered a state responsibility for fire protection (State Responsibility Areas, or SRAs). These maps were created to help identify measures for limiting the spread of major fires like the 1980 fire and to help reduce the potential intensity of uncontrolled fires that threaten resources, life or property.^[8] The first map was published in 1985. Subsequent fires and resulting legislation expanded the state requirements for creating FHSZ maps to local responsibility areas (LRAs), which are areas that encompass incorporated cities and therefore are where local jurisdictions are responsible for fire protection and prevention. In 2003, another fire, the Cedar fire in San Diego, prompted the creation of state building code standards for mitigation measures for such destructive fires in areas that are zoned as very high FHSZs.

In 2007, in order to fulfill the state requirements for mapping FHSZs in SRA and LRAs, Cal Fire adopted a statewide consistent mapping model for FHSZs. This model included moderate, high, and very high zones, and assessed these zones by: prior fire history, vegetation, predicted flame length, ember production, terrain, and climate.^[9] These maps are regularly updated, with the most recent maps for LRAs released in 2025 and the most recent maps for SRAs released in 2024.

1. Defensible space requirements for California homes

One of the most effective strategies for minimizing the risk of wildfires to homes is the creation of defensible space. Defensible space is the maintenance of the space surrounding a home free of combustible materials and dead or excess vegetation. Under Board of Forestry and Fire Protection regulations and state law, defensible space requires the maintenance of vegetation and dead vegetation within 100 feet of the home, with additional, more strict requirements for the zones within 30 feet and five feet of the home.^[10] These requirements help prevent a home from igniting when a wildfire comes within close proximity of the home by removing flammable materials from the home’s nearby and immediate surroundings. Under state law, properties in SRAs and properties in LRAs that are in a very high FHSZ must maintain defensible space around their home or building. (Pub. Resources Code § 4291, Gov. Code § 51182.) CalFire is responsible for the enforcement of these defensible space requirements in SRAs, including through inspections, and local agencies are responsible for enforcement in LRAs. Data from 2021 shows that CalFire is inspecting less than 40 percent of properties subject to inspection in SRAs each year, though data from those inspections show a compliance rate for defensible space requirements of over 75 percent.^[11] Still, with an estimated 768,000 properties in SRAs and about 700,000 more in very high FHSZs in LRAs, there are likely thousands of properties at risk of wildfires that are not in compliance with defensible space requirements.^[12]

1. Real estate transfer disclosures

When an owner sells a single-family residential property, they generally must provide the buyer with certain disclosures that outline the conditions and issues with the property of which the seller is aware. Many of these disclosures are made on the Real Estate Transfer Disclosure Statement (TDS). (Civ. Code § 1102.6.) Disclosures required by the TDS include any known significant defects in the insulation, roof, foundation, plumbing and sewers, and electrical systems, among others. The TDS also includes an extensive questionnaire relating to specific dangers or issues known about the property. In addition to the disclosures required in the TDS, a number of other disclosures and notices are also required by law. A seller must disclose to a potential buyer whether the property is located in a designated high or very high FHSZ, and must provide a natural hazard disclosure statement disclosing whether the property is located in various disaster areas. (Civ. Code §§ 1102.6f; 1103.2.) These disclosures are important requirements meant to protect consumers who may otherwise not be aware of a significant condition of a home they intend to buy that could affect the home’s value, result in significant repair or maintenance costs, or pose greater risk to the home’s occupants.

A seller must deliver these disclosures as soon as practicable before transfer of title, or in the case of a sale through a real property sales contract, a lease with an option to purchase, or a ground lease with improvements, as soon as practicable before the making or acceptance of an offer. (Civ. Code § 1102.3). If the disclosure or an amendment to it is delivered after the execution of an offer to purchase, the buyer is given three to five days (depending on the method of delivery of the disclosure) to terminate the offer. (Civ. Code § 1102.3(c).) If a seller willfully or negligently fails to provide the required disclosures, they can be liable for any actual damages to the buyer caused by that failure. (Civ. Code § 1102.13.)

In 2019, the Legislature passed AB 38 (Wood, Ch. 391, Stats. 2019), to require that homeowners make certain disclosures to a prospective buyer of their home regarding the home’s compliance with the defensible space requirements. Specifically, it requires a seller of a single-family home located within a high or very high FHSZ to provide a buyer with documentation stating that the property is in compliance with state and local defensible space requirements. (Civ. Code § 1102.19.) If the seller has not obtained documentation of compliance, AB 38 requires the seller and buyer to enter into a written agreement in which the buyer agrees to obtain documentation of compliance in accordance with a local ordinance if such an ordinance exists, or otherwise within one year of the close of escrow. (Civ. Code § 1102.19(b).)

1. SB 911 provides additional requirements for home sellers and buyers regarding documentation of the home’s compliance with defensible space requirements

According to the author, while requirements for defensible space exist and sellers of single-family homes subject to defensible space requirements must provide documentation of compliance or form an agreement with a buyer to obtain such documentation, it is still nonetheless difficult for state and local wildfire agencies to know which homes are in compliance with defensible space requirements. This is in part because the onus of compliance and of obtaining the required documentation of compliance falls upon the seller and buyer. If the buyer or seller fails or refuses to obtain documentation of compliance, CalFire or local fire departments have no way of knowing. Existing enforcement efforts rely on random compliance inspections, without CalFire or the local fire department knowing specifically which properties need inspection or failed to obtain documentation of compliance.

SB 911 aims to address this gap by requiring a seller of a single-family home that must execute an agreement with the buyer to obtain documentation of compliance to notify CalFire or the local fire department in an LRA of that agreement and the buyer’s obligation to obtain documentation of compliance. It requires that the seller provides this notification before the close of escrow on the property, thereby tying it to the seller’s closing timeline for the sale. In addition, SB 911 requires the responsible agency that receives this notice, if it does not receive documentation of compliance within one year of the close of the sale, to conduct a compliance inspection of the property. The bill permits the local fire department or CalFire to delegate its responsibility to inspect such properties to a third-party nonprofit, and permits such inspections to be conducted either in person or by remote verification.

While SB 911 provides no timeline within which these inspections are to occur, it does provide the local fire department the authority to prioritize compliance inspections and re-inspections based on factors that include wildfire risk and repetitive noncompliance. It also permits local fire departments to recover the cost of inspections, and clarifies that, while it imposes requirements upon local fire departments for conducting inspections, those requirements do not modify the immunities that such departments currently enjoy under various laws.

Although the bill places additional requirements on homeowners when they sell their homes, it does not include additional enforcement mechanisms for those requirements. Under current provisions of the real estate disclosure laws, a seller may be liable for the actual damages incurred by a buyer because of the seller’s willful or negligent failure to comply with the various disclosure requirements. This remedy would also apply to SB 911’s requirements, though it is unclear what damages a buyer may suffer by the seller’s failure to notify CalFire or the local fire department of the buyer’s obligation to obtain documentation of compliance with defensible space requirements. If CalFire or a local fire department fails to conduct compliance inspections, the remedy for that violation of SB 911’s provisions would be held by the buyer, the individual subject to the compliance inspection. Thus, the enforcement mechanism provided in the real estate transfer disclosure provisions is an imperfect tool to ensure that sellers and CalFire or local fire departments comply with SB 911’s requirements. Nonetheless, local fire departments and CalFire have a variety of enforcement mechanisms to ensure compliance with defensible space requirements, including the power to assess fines and to conduct abatement, though those mechanisms would not apply directly to a seller’s failure to notify the fire department or CalFire of the written agreement.

1. Concerns of the opposition

The California Association of Realtors (CAR) have expressed a number of concerns with SB 911’s proposals. Firstly, they assert that the bill’s requirement that a seller notify the fire department or CalFire of the written agreement before close of escrow would place an unrealistic burden on sellers. They assert that it would be more practical and effective if the notification was provided by the escrow officer as part of the closing process for the sale. Secondly, CAR asserts that SB 911 should ensure that real estate transactions subject to its requirements remain final regardless of whether the seller complies with the bill’s documentation requirements. And lastly, CAR argues that there should be additional safeguards for the fees for compliance inspections that a third-party may charge a homeowner.

The bill’s notification requirement certainly does place a concrete, time-based requirement on the seller. However, the original requirement that documentation of compliance be obtained rests on the seller; the requirement that the seller and the buyer enter into an agreement for the buyer to obtain such documentation only comes into effect when the seller fails to obtain documentation of compliance before the close of escrow themselves. Thus, the requirement primarily falls upon the seller under the current statutory scheme. Regarding CAR’s second concern, it should be noted that the real estate transfer disclosure provisions already state that a failure to comply with its provisions may not be the sole basis to invalidate a real estate transfer. (See Civ. Code § 1102.13.) Instead, those provisions provide a cause of action for actual damages as the remedy for a violation of the real estate disclosure provisions of the Civil Code, as discussed previously.

The author has committed to making amendments that will remove the concerns of CAR in a future Committee.

1. Arguments in support

According to Fire Aside, Inc., which supports SB 911:

We support SB 911 because, in our day-to-day work with fire agencies, we see firsthand how inconsistent compliance documentation at the point of sale creates gaps that are difficult to close later. SB 911 addresses this directly by creating a clear notification pathway to local fire departments — and to CAL FIRE where applicable — when buyers have assumed responsibility for obtaining defensible space compliance. That structured handoff is exactly what allows fire agencies to follow up effectively and ensure new property owners understand their wildfire safety obligations. Real estate transactions are a critical moment to establish those expectations, and SB 911 makes meaningful use of that opportunity.

1. Arguments in opposition

According to the California Association of Realtors, which opposes SB 911:

[SB 911] places an unrealistic burden on sellers in subdivision (b) to comply with notification requirements, when it is more practical and would result in greater compliance to have the notification transmitted as part of the closing process.

As amended on March 10, 2026, SB 911 requires the seller to notify the local fire department or the Department of Forestry and Fire Protection of the buyer’s obligation to obtain documentation of compliance before the close of escrow. While C.A.R. does not oppose a notification requirement, the most reliable way to ensure the notification reaches fire authorities is to route it through the real estate escrow professional, who already manages document flow, deadline tracking, and third-party notifications as part of every closing.

C.A.R. respectfully requests that the bill be amended to provide that the real estate escrow professional, as defined in subdivision (e)(6) of Section 18662 of the Revenue and Taxation Code, shall forward a copy of the applicable documentation to the local fire department or the Department of Forestry and Fire Protection before or at the close of escrow.

Second, the bill should ensure that residential real estate transactions remain final and are not subject to later challenge due to the timing or availability of defensible space documentation.

California law has long recognized the importance of protecting the finality of real estate transactions. Because SB 911 establishes new procedural requirements related to documentation and post-transaction compliance, it is important to clarify that the failure to obtain or deliver defensible space documentation prior to the close of escrow does not invalidate the transfer of title or create grounds to challenge the transaction after closing. Without such clarification, buyers, sellers, and their representatives could face uncertainty or litigation risk over whether statutory requirements were satisfied.

Lastly, the bill allows delegated compliance inspections without sufficient safeguards on inspection costs.

SB 911 authorizes local fire departments to delegate compliance inspections to third-party nonprofit entities. While this may provide administrative flexibility for local jurisdictions, the bill does not clearly limit the costs that may be charged for those inspections. As a result, homeowners could face unpredictable or excessive inspection fees imposed after a real estate transaction has closed.

To prevent this outcome, C.A.R. respectfully requests an amendment clarifying that any inspection or reinspection fee charged under this provision, whether conducted by a governmental agency or a delegated third party, may not exceed the amount that the applicable governmental entity would charge for performing the same inspection.

SUPPORT

American Property Casualty Insurance Association

Fire Aside, Inc.

National Association of Mutual Insurance Companies

Pacific Association of Domestic Insurance Companies

Personal Insurance Federation of California

OPPOSITION

California Association of Realtors

RELATED LEGISLATION

Pending Legislation: AB 1457 (Bryan, 2025) extends indefinitely a statewide program established by the Director of Forestry and Fire Protection to develop and implement a training program to train individuals to support and augment the Department of Forestry and Fire Protection in its defensible space and home hardening assessment and public education efforts and the establishment and use of a common reporting platform for this work. AB 1457 is awaiting referral at the Senate desk.

Prior Legislation:

AB 1455 (Bryan, Ch. 731, Stats. 2025) revised the defensible space requirements to require the Board of Forestry and Fire Protection to adopt regulations to implement all defensible space requirements, and authorized local agencies responsible for fire protection to designate defensible space requirements based on those regulations, including with considered local variations, as specified, and made these regulations emergency regulations, the adoption of which would not constitute a project for the purposes of the California Environmental Quality Act.

AB 1280 (Grayson, Ch. 99, Stats. 2023) required that a seller of a single-family residential property located within a FHSZ disclose to a prospective buyer whether the property is located in a high or very high fire hazard severity zone, and whether the property is located in a state responsibility area or a local responsibility area.

SB 63 (Stern, Ch. 382, Stats. 2021) required the Director of Forestry and Fire Protection to identify areas of moderate and high FHSZs in addition to very high FHSZs, and, until January 1, 2026, required the Director to establish a statewide program for training and for qualified entities to support and augment the Department of Forestry and Fire Protection’s defensible space and home hardening assessment and education efforts.

AB 3074 (Friedman, Ch. 259, Stats. 2019) revised defensible space requirements to require a person who owns, leases, controls, operates, or maintains an occupied dwelling within a SRA or within a very high FHSZ within an LRA to use more intense fuel reductions between five and 20 feet surrounding the structure, and to create an ember-resistant zone within five feet of the structure, as specified and upon promulgation of regulations by the Board of Forestry and Fire Protection for these requirements.

AB 38 (Wood, Ch. 391, Stats. 2019) required that sellers of single-family homes make certain disclosures to a prospective buyer of their home regarding the home’s compliance with the defensible space requirements and the importance of defensible space, and required a seller of a single-family home located within a high or very high FHSZ to provide a buyer documentation stating that the property is in compliance with state and local defensible space requirements. Required that, if the seller has not obtained documentation of compliance, the seller and buyer enter into a written agreement in which the buyer agrees to obtain documentation of compliance in accordance with a local ordinance if such an ordinance exists, or otherwise within one year of the close of escrow.

AB 337 (Bates, Ch. 1188, Stats. 1992) required the Director of Forestry and Fire Protection to identify all areas in the state as very high FHSZs, and required local agencies to designate all very high FHSZs in their LRAs. It also required a person who owns, leases, controls, operates, or maintains any occupied dwelling or structure in land within a very high FHSZ to undertake specified fire protection measures.

SB 1916 (Sher, Ch. 806, Stats. 1982) required the creation of FHSZ maps for all areas of California that are considered a state responsibility for fire protection.

**************

1. “Top 20 Largest California Wildfires,” Cal. Dept. of Forestry & Fire Protection (Oct. 2024), available at https://www.fire.ca.gov/our-impact/statistics. ↑

2. Julie Cart, “California’s 2020 fire siege: wildfires by the numbers,” Cal Matters (Jul. 30, 2021), available at https://calmatters.org/environment/2021/07/california-fires-2020/. ↑

3. Julie Cart, “California infernos in January? Here’s why wildfire season keeps getting longer and more devastating,” Cal Matters (Jan. 16, 2025), available at https://calmatters.org/explainers/california-wildfire-season-worsening-explained; Jeff Masters, “Climate change made deadly Los Angeles wildfires 35% more likely: new attribution study,” Yale Climate Connections (Jan. 28, 2025), https://yaleclimateconnections.org/2025/01/climate-change-made-deadly-los-angeles-wildfires-35-more-likely-new-attribution-study/. ↑

4. “Camp Fire,” California Department of Forestry and Fire Protection (Oct. 24, 2022 110:25 am), available https://www.fire.ca.gov/incidents/2018/11/8/camp-fire/. ↑

5. CalFire, “Palisades Fire,” (3/27/2025) https://www.fire.ca.gov/incidents/2025/1/7/palisades-fire; CalFire, “Eaton Fire,” (3/04/2025) https://www.fire.ca.gov/incidents/2025/1/7/eaton-fire. ↑

6. Gabrielle Canon, “ ‘Urban fire storm’: suburban sprawl raising risk of destructive wildfires,” The Guardian (Jan. 6, 2022 6:00 pm), available at https://www.theguardian.com/world/2022/jan/06/urban-fire-storm-suburban-sprawl-wildfires-colorado. ↑

7. “Wildfire climate connection,” National Oceanic and Atmospheric Administration (Aug. 8, 2022), available at https://www.noaa.gov/noaa-wildfire/wildfire-climate-connection. ↑

8. See Cal. Pub. Resources Code § 4201. ↑

9. See “Fire Hazard Severity Zones,” Cal. Dept. of Forestry & Fire Protection, available at https://osfm.fire.ca.gov/divisions/community-wildfire-preparedness-and-mitigation/wildfire-preparedness/fire-hazard-severity-zones/. ↑

10. See, Board of Forestry & Fire Protection, “Defensible space zones - 0, 1, and 2,” CalFire (Accessed Mar. 12, 2026), https://bof.fire.ca.gov/projects-and-programs/defensible-space-zones-0-1-and-2. ↑

11. Legislative Analyst’s Office, Reducing the Destructiveness of Wildfires: Promoting Defensible Space in California (Sept. 30, 2021), available at https://lao.ca.gov/Publications/Report/4457#current-state-and-local-defensible-space-efforts. ↑

12. Id. ↑