AB1455 - State Board of Forestry and Fire Protection: defensible space requirements: ember-resistant zones: emergency regulations: California Environmental Quality Act.

Assembly Bill No. 1455 CHAPTER 731 An act to amend Section 51182 of, and to add Section 51182.4 to, the Government Code, and to amend Section 4291 of the Public Resources Code, relating to fire prevention, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor October 13, 2025. Filed with Secretary of State October 13, 2025. ] LEGISLATIVE COUNSEL'S DIGEST AB 1455, Bryan. State Board of Forestry and Fire Protection: defensible space requirements: ember-resistant zones: emergency regulations: California Environmental Quality Act. Existing law 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 the severity of the fire hazard. Existing law requires a person who owns, leases, controls, operates, or maintains (1) a building or structure in the state responsibility area, or (2) an occupied dwelling or structure within a very high fire hazard severity zone as designated by a local agency, to, among other defensible space requirements, maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as specified. Under existing law, one of these defensible space requirements is the requirement to create an ember-resistant zone within 5 feet of the structure, based on regulations promulgated by the State Board of Forestry and Fire Protection, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers, as provided. A violation of these defensible space requirements is a crime. This bill would revise and recast the defensible space requirements applicable to a very high fire hazard severity zone as designated by a local agency by explicitly requiring the state board to adopt regulations to implement all of the above-described defensible space requirements. The bill would authorize local agencies responsible for fire protection to designate, by ordinance, defensible space requirements based on the defensible space regulations promulgated by the state board, as provided, and would authorize the local agency to consider local variations in local fire hazards, geography, development, and other conditions and authorize alternative practices to those in the state board regulations, if the alternative practices provide for substantially similar practical effects as those stated in the state board regulations. The bill would provide that a property owner, as defined, in compliance with the applicable alternative practices adopted by the local agency shall not be deemed to have violated the defensible space requirements adopted by the state board, as provided. To the extent that this expands the duties of a local agency, the bill would impose a state-mandated local program. Existing law, known as the Administrative Procedure Act, governs the procedures for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law establishes procedures for the adoption of emergency regulations, including requiring that the state agency make a finding that the adoption of a regulation or order of repeal is necessary to address an emergency, as defined. Under existing law, a regulation, amendment, or order of repeal adopted as an emergency regulatory action may only remain in effect for up to 180 days, unless the adopting agency complies with specified requirements relating to notice of regulatory action and public comment. By Executive Order No. N-18-25, Governor Gavin Newsom directed the state board to complete the formal rulemaking process applicable to these ember-resistant zone requirements no later than December 31, 2025. Existing law requires the state board, on or before January 1, 2023, and in consultation with the Office of the State Fire Marshal, to update a guidance document on fuels management to include suggestions for creating an ember-resistant zone within 5 feet of a structure based on regulations promulgated by the state board, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. This bill would require the state board to adopt regulations to implement the above-described defensible space requirements for an ember-resistant zone required within 5 feet of a structure in the state responsibility area and a very high fire hazard severity zone as designated by a local agency, as specified. If adopting the regulations through the regular rulemaking process of the Administrative Procedure Act would inhibit compliance with the deadline in Executive Order No. N-18-25, the bill would require the regulations to be adopted as emergency regulations and would require the Office of Administrative Law to consider the adoption of initial regulations as necessary for the immediate preservation of the public peace, health, safety, and general welfare. The bill would authorize the state board to readopt any of these emergency regulations, as provided, and would make any of these adopted or readopted emergency regulations effective until revised by the state board. The bill would provide that the adoption or readoption of these regulations does not constitute a project for purposes of CEQA. The bill would revise and recast the provisions applicable to the guidance document by requiring the state board, no later than one year after adopting regulations in compliance with the deadline in Executive Order No. N-18-25, to update the guidance document to reflect the new regulations. This bill would incorporate additional changes to Section 4291 of the Public Resources Code proposed by SB 326 to be operative only if this bill and SB 326 are enacted and this bill is enacted last. 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. This bill would declare that it is to take effect immediately as an urgency statute. Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 51182 of the Government Code is amended to read: 51182. (a) The State Board of Forestry and Fire Protection shall adopt regulations to implement the rules described in this subdivision. Pursuant to these regulations, a person who owns, leases, controls, operates, or maintains an occupied dwelling or occupied structure within a very high fire hazard severity zone designated by the local agency pursuant to Section 51179, shall at all times do all of the following: (1) (A) Maintain defensible space of 100 feet from each side and from the front and rear of the structure, but not beyond the property line except as provided in subparagraph (B). The amount of fuel modification necessary shall consider the flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained and spaced in a condition so that a wildfire would be unlikely to ignite the structure. This subparagraph does not apply to single specimens of trees or other vegetation that are well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure. The intensity of fuels management may vary within the 100-foot perimeter of the structure, with more intense fuel reductions being used between 5 and 30 feet around the structure, and an ember-resistant zone being required within 5 feet of the structure, based on regulations promulgated by the State Board of Forestry and Fire Protection, in consultation with the Office of the State Fire Marshal, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. The regulations may also alter the fuel reduction required between 5 and 30 feet to integrate the ember-resistant zone into the requirements of this section. Consistent with fuels management objectives, steps should be taken to minimize erosion, soil disturbance, and the spread of flammable nonnative grasses and weeds. (B) A greater distance than that required under subparagraph (A) may be required by state law, local ordinance, rule, or regulation. Fuel modification beyond the property line may only be required by state law, local ordinance, rule, or regulation in order to maintain 100 feet of defensible space from a structure. Fuel modification on adjacent property shall only be conducted following written consent by the adjacent landowner. Any local ordinance related to fuel modification shall be in compliance with all applicable state laws, regulations, and policies. Any local ordinance may include provisions to allocate costs for any fuel modification beyond the property line. (C) An insurance company that insures an occupied dwelling or occupied structure may require a greater distance than that required under subparagraph (A) if a fire expert, designated by the fire chief or fire official from the authority having jurisdiction, provides findings that the fuel modification is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to the structure. The greater distance may not be beyond the property line unless allowed by state law, local ordinance, rule, or regulation. (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. (5) Before constructing a new dwelling or structure that will be occupied or rebuilding an occupied dwelling or occupied structure damaged by a fire in that zone, the construction or rebuilding of which requires a building permit, the owner shall 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, including those described in subdivision (b) of Section 51189, and shall provide a copy of the certification, upon request, to the insurer providing course of construction insurance coverage for the building or structure. Upon completion of the construction or rebuilding, the owner shall obtain from the local building official a copy of the final inspection report that demonstrates that the dwelling or structure was constructed in compliance with all applicable state and local building standards, including those described in subdivision (b) of Section 51189, and shall provide a copy of the report, upon request, to the property insurance carrier that insures the dwelling or structure. (b) A person is not required under this section to manage fuels on land if that person does not have the legal right to manage fuels, nor is a person required to enter upon or to alter property that is owned by any other person without the consent of the owner of the property. (c) (1) The State Board of Forestry and Fire Protection, in consultation with the Office of the State Fire Marshal, shall develop, periodically update, and post on its internet website a guidance document on fuels management pursuant to this chapter. The guidance document shall include, but not be limited to, regionally appropriate vegetation management suggestions that preserve and restore native species that are fire resistant or drought tolerant, or both, minimize erosion, minimize the spread of flammable nonnative grasses and weeds, minimize water consumption, and permit trees and shrubs near homes for shade, aesthetics, and habitat; and suggestions to minimize or eliminate the risk of flammability of nonvegetative sources of combustion such as woodpiles, propane tanks, decks, and outdoor lawn furniture. (2) No later than one year after the State Board of Forestry and Fire Protection adopts regulations in compliance with the deadline in Executive Order No. N-18-25, the State Board of Forestry and Fire Protection shall, in consultation with the Office of the State Fire Marshal, update the guidance document to reflect the new regulations. (d) Existing and new structures shall meet the same standard for the ember-resistant zone, but the regulations adopted by the State Board of Forestry and Fire Protection pursuant to this section shall allow the staging of work for existing structures to support implementation of the ember-resistant zone and address the costs of compliance. (e) For purposes of this section, a structure for the purpose of an ember-resistant zone shall include any attached deck. This section does not limit the authority of the State Board of Forestry and Fire Protection or the Office of the State Fire Marshal to require the removal of fuel or vegetation on top of or underneath a deck pursuant to this section. (f) (1) A local agency responsible for fire protection may designate, by ordinance, defensible space requirements based on regulations promulgated by the State Board of Forestry and Fire Protection pursuant to subdivision (a). In developing the ordinance, a local agency may, in order to meet the intent of the State Board of Forestry and Fire Protection regulations, consider local variations in local fire hazards, geography, development, and other conditions and authorize alternative practices to those in the State Board of Forestry and Fire Protection regulations, if the alternative practices provide for substantially similar practical effects as those stated in the State Board of Forestry and Fire Protection regulations. This subdivision does not preclude a local agency from adopting an ordinance designating defensible space requirements that are more stringent than the regulations adopted by the State Board of Forestry and Fire Protection pursuant to subdivision (a). (2) For purposes of Sections 51185, 51186, 51187, and any other laws imposing penalties for vi [Text truncated for display. Full text available on Congress.gov.]