Bill Text: CA AB1755 | 2021-2022 | Regular Session | Amended

California Assembly Bill 1755 (Prior Session Legislation)

Bill Title: Homeowners’ insurance: home hardening.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-03-09 - Re-referred to Com. on INS. [AB1755 Detail]

Download: California-2021-AB1755-Amended.html

Amended IN Assembly March 08, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1755

Introduced by Assembly Member Levine

February 01, 2022

An act to add Sections 675.2 and 2033 to the Insurance Code, relating to property insurance.

LEGISLATIVE COUNSEL'S DIGEST

AB 1755, as amended, Levine. Homeowners’ insurance: home hardening.

Existing law creates the Department of Insurance to regulate the business of insurance. Existing law generally regulates classes of insurance, including homeowners’ insurance. Existing law prohibits an insurer, for one year after the declaration of a state of emergency, from canceling or refusing to renew a residential property insurance policy solely because the property is in an area in which a wildfire occurred.

This bill would require an admitted insurer licensed to issue homeowners’ insurance policies to issue a policy to a homeowner who has hardened their home against ~~fire,~~ fire, as specified, regardless of the home’s location, on and after January 1, 2025, and would require an insurer to make conforming changes to its internet website and print materials on or before July 1, 2025. The bill would create the Wildfire Protection Grant Program, under which the department would be required to award grants of up to $10,000 each to help homeowners pay for costs associated with wildfire mitigation improvements. The bill would require the department to promulgate regulations ~~to define home hardening for required issuance of homeowners’ insurance policies and~~ to administer the Wildfire Protection Grant Program.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 675.2 is added to the Insurance Code, to read:

675.2.

(a) On and after January 1, 2025, an admitted insurer licensed to issue homeowners’ insurance policies shall issue a policy to a homeowner who has hardened their home against fire, regardless of the home’s location. The insurer shall make conforming changes to its internet website and print materials on or before July 1, 2025.

~~(b)On or before January 1, 2024, the department shall promulgate regulations to define home hardening for purposes of subdivision (a).~~
(b) For purposes of this section, a homeowner shall harden their home against fire by meeting or exceeding all of the following requirements:
(1) Have all of the following installed:
(A) A Class A fire rated roof made of Class A fire rated material.
(B) Noncombustible six inches of material at the bottom of exterior walls.
(C) Ember and fire-resistant vents.
(D) A noncombustible gutter cover to prevent the accumulation of leaves and debris in the gutter.
(E) Chimney and stove pipe outlet covers made of noncombustible corrosion resistant metal mesh screen with openings that are three-eighths of one inch to one-half of one inch.
(F) Vent opening covers made of noncombustible corrosion resistant metal mesh screen with openings that are one-sixteenth of one inch to one-eighth of one inch.
(G) UL Standards 10C-compliant weatherstripping in gaps greater than one-eighth of one inch between garage doors and door frames to prevent ember intrusion.
(H) Covers for operable skylights made of noncombustible mesh screen with openings that do not exceed one-eighth of one inch.
(I) Metal flashing that is a minimum of six inches, applied vertically on the exterior of the wall at the deck-to-wall intersection to protect the combustible siding material.
(J) Noncombustible products, such as dirt, stone, or gravel, to replace wood mulch products within five feet of all structures.
(2) Maintain a five-foot ember-resistant zone around the home, including fencing within five feet.
(3) Block any spaces between the roof covering and sheathing.
(4) Caulk and plug gaps greater than one-eighth of one inch around exposed rafters and blocking to prevent ember intrusion into the attic or other enclosed spaces.
(5) Inspect exterior siding for dry rot, gaps, cracks and warping, caulk or plug gaps greater than one-eighth of one inch in siding, and replace any damaged siding boards, including those with dry rot.
(6) Remove combustible sheds and other outbuildings from the immediate surroundings of the home, to at least a distance of 30 feet.
(7) Replace materials when they are due for replacement at the end of their lifespan or as part of normal maintenance as follows:
(A) Replace windows with multipaned windows that have at least one pane of tempered glass.
(B) Replace siding or decking with compliant noncombustible, ignition-resistant, or other materials approved by the Office of the State Fire Marshal.
(8) Conduct the following regular maintenance:
(A) Clean the roof, gutters, decks, and base of walls to avoid the accumulation of fallen leaves, needles, and other flammable materials.
(B) Ensure that all combustible materials are removed from underneath, on top of, or within five feet of a deck.
(C) Remove vegetation or other combustible materials that are within five feet of windows and glass doors.
(D) Remove all dead or dying grass, plants, shrubs, trees, branches, leaves, weeds, and pine needles within 30 feet of all structures or to the property line.
(E) Comply with state and local laws and regulations regarding defensible space.

SEC. 2.

Section 2033 is added to the Insurance Code, to read:

2033.

(a) The Wildfire Protection Grant Program is hereby created to help homeowners pay for costs associated with wildfire mitigation improvements.

(b) The department shall award grants of up to ten thousand dollars ($10,000) each to homeowners for wildfire mitigation improvements under the Wildfire Protection Grant Program.

(c) For purposes of this section, wildfire mitigation improvements include all of the following:
(1) Purchasing or installing all of the following:
(A) A Class A fire rated roof made of Class A fire rated material.
(B) Noncombustible six inches of material at the bottom of exterior walls.
(C) Ember and fire-resistant vents.
(D) A noncombustible gutter cover to prevent the accumulation of leaves and debris in the gutter.
(E) Chimney and stove pipe outlet covers made of noncombustible corrosion resistant metal mesh screen with openings that are three-eighths of one inch to one-half of one inch.
(F) Vent opening covers made of noncombustible corrosion resistant metal mesh screen with openings that are one-sixteenth of one inch to one-eighth of one inch.
(G) UL Standards 10C-compliant weatherstripping in gaps greater than one-eighth of one inch between garage doors and door frames to prevent ember intrusion.
(H) Covers for operable skylights made of noncombustible mesh screen with openings that do not exceed one-eighth of one inch.
(I) Metal flashing that is a minimum of six inches, applied vertically on the exterior of the wall at the deck-to-wall intersection to protect the combustible siding material.
(J) Noncombustible products, such as dirt, stone, or gravel, to replace wood mulch products within five feet of all structures.
(K) Multipaned windows that have at least one pane of tempered glass.
(L) Siding or decking made of noncombustible, ignition-resistant, or other materials approved by the Office of the State Fire Marshal.
(2) Maintaining a five-foot ember-resistant zone around the home, including fencing within five feet.
(3) Blocking any spaces between the roof covering and sheathing.
(4) Caulking and plugging gaps greater than one-eighth of one inch around exposed rafters and blocking to prevent ember intrusion into the attic or other enclosed spaces.
(5) Inspecting exterior siding for dry rot, gaps, cracks and warping, caulking or plugging gaps greater than one-eighth of one inch in siding, and replacing any damaged siding boards, including those with dry rot.
(6) Removing combustible sheds and other outbuildings from the immediate surroundings of the home, to at least a distance of 30 feet.
(7) Conducting the following regular maintenance:
(A) Cleaning the roof, gutters, decks, and base of walls to avoid the accumulation of fallen leaves, needles, and other flammable materials.
(B) Ensuring that all combustible materials are removed from underneath, on top of, or within five feet of a deck.
(C) Removing vegetation or other combustible materials that are within five feet of windows and glass doors.
(D) Removing all dead or dying grass, plants, shrubs, trees, branches, leaves, weeds, and pine needles within 30 feet of all structures or to the property line.
(E) Complying with state and local laws and regulations regarding defensible space.
~~(c)~~

(d) The department shall promulgate regulations to administer the Wildfire Protection Grant Program.