Section § 2690

Explanation

This section simply names the chapter as the Seismic Hazards Mapping Act, allowing it to be referred to by this title.

This chapter shall be known and may be cited as the Seismic Hazards Mapping Act.

Section § 2691

Explanation

This section explains that most economic damage from earthquakes comes from ground shaking and related effects like landslides. Despite knowing how to map areas at risk of these dangers, California hasn't done so statewide. It's important for these seismic hazard zones to be mapped, so local governments can plan better and create rules to reduce risks and protect people.

The Legislature finds and declares all of the following:
(a)CA Public Resources Code § 2691(a) The effects of strong ground shaking, liquefaction, landslides, or other ground failure account for approximately 95 percent of economic losses caused by an earthquake.
(b)CA Public Resources Code § 2691(b) Areas subject to these processes during an earthquake have not been identified or mapped statewide, despite the fact that scientific techniques are available to do so.
(c)CA Public Resources Code § 2691(c) It is necessary to identify and map seismic hazard zones in order for cities and counties to adequately prepare the safety element of their general plans and to encourage land use management policies and regulations to reduce and mitigate those hazards to protect public health and safety.

Section § 2692

Explanation

This California law aims to establish a statewide program for creating seismic hazard maps and technical advice to help cities and counties protect people from earthquake-related dangers, like strong shaking and landslides.

The maps and information generated are intended to be used by local governments for planning and development activities.

The California Geological Survey is tasked with coordinating these efforts using existing earthquake information and flood maps.

(a)CA Public Resources Code § 2692(a) It is the intent of the Legislature to provide for a statewide seismic hazard mapping and technical advisory program to assist cities and counties in fulfilling their responsibilities for protecting the public health and safety from the effects of strong ground shaking, liquefaction, landslides, or other ground failure and other seismic hazards caused by earthquakes.
(b)CA Public Resources Code § 2692(b) It is further the intent of the Legislature that maps and accompanying information provided pursuant to this chapter be made available to local governments for planning and development purposes.
(c)CA Public Resources Code § 2692(c) It is further the intent of the Legislature that the California Geological Survey, in implementing this chapter, shall, to the extent possible, coordinate its activities with, and use existing information generated from, the earthquake fault zones mapping program pursuant to Chapter 7.5 (commencing with Section 2621), and the inundation maps prepared pursuant to Section 6161 of the Water Code.

Section § 2692.1

Explanation

This law states that the State Geologist can add information about the potential effects of tsunamis and seiches to maps if relevant data becomes available from other sources. However, this information will only be included if additional funding is provided to assess and distribute it, as local governments might use these details.

The State Geologist may include in maps compiled pursuant to this chapter information on the potential effects of tsunami and seiche when information becomes available from other sources and the State Geologist determines the information is appropriate for use by local government. The State Geologist shall not be required to provide this information unless additional funding is provided both to make the determination and to distribute the tsunami and seiche information.

Section § 2693

Explanation

This law defines important terms related to seismic safety within the specified chapter. It clarifies that 'city' and 'county' include San Francisco, and a 'geotechnical report' is a detailed analysis by experts on seismic hazards with recommendations to mitigate these hazards. 'Mitigation' involves actions that lower seismic risks to acceptable standards. A 'project' typically refers to developments as defined in another chapter, but single-family homes can be exempted, and minor changes within seismic zones that don't significantly alter a building's value or size aren't counted as projects. The 'Commission' refers to the Seismic Safety Commission, and 'Board' means the State Mining and Geology Board.

As used in this chapter:
(a)CA Public Resources Code § 2693(a) “City” and “county” includes the City and County of San Francisco.
(b)CA Public Resources Code § 2693(b) “Geotechnical report” means a report prepared by a certified engineering geologist or a civil engineer practicing within the area of his or her competence, which identifies seismic hazards and recommends mitigation measures to reduce the risk of seismic hazard to acceptable levels.
(c)CA Public Resources Code § 2693(c) “Mitigation” means those measures that are consistent with established practice and that will reduce seismic risk to acceptable levels.
(d)CA Public Resources Code § 2693(d) “Project” has the same meaning as in Chapter 7.5 (commencing with Section 2621), except as follows:
(1)CA Public Resources Code § 2693(d)(1) A single-family dwelling otherwise qualifying as a project may be exempted by the city or county having jurisdiction of the project.
(2)CA Public Resources Code § 2693(d)(2) “Project” does not include alterations or additions to any structure within a seismic hazard zone which do not exceed either 50 percent of the value of the structure or 50 percent of the existing floor area of the structure.
(e)CA Public Resources Code § 2693(e) “Commission” means the Seismic Safety Commission.
(f)CA Public Resources Code § 2693(f) “Board” means the State Mining and Geology Board.

Section § 2694

Explanation

This law mandates that if you're selling or transferring real estate that's located in a designated seismic hazard zone, you must inform the potential buyer about it. This disclosure is necessary if you or your agent know that the property is in such a zone, or if there's an official map showing it that the local government has received. The disclosure can be made through specific real estate forms. If the map isn't clear enough, you should indicate 'Yes' on the disclosure form unless you have a report verifying otherwise. Certain people are exempt from being considered as agents of the seller, such as those specified in other parts of the Civil Code. This requirement doesn't change any other disclosure obligations to prevent fraud or deception.

(a)CA Public Resources Code § 2694(a) A person who is acting as an agent for a transferor of real property that is located within a seismic hazard zone, as designated under this chapter, or the transferor, if he or she is acting without an agent, shall disclose to any prospective transferee the fact that the property is located within a seismic hazard zone.
(b)CA Public Resources Code § 2694(b) Disclosure is required pursuant to this section only when one of the following conditions is met:
(1)CA Public Resources Code § 2694(b)(1) The transferor, or transferor’s agent, has actual knowledge that the property is within a seismic hazard zone.
(2)CA Public Resources Code § 2694(b)(2) A map that includes the property has been provided to the city or county pursuant to Section 2622, and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county.
(c)CA Public Resources Code § 2694(c) In all transactions that are subject to Section 1103 of the Civil Code, the disclosure required by subdivision (a) of this section shall be provided by either of the following means:
(1)CA Public Resources Code § 2694(c)(1) The Local Option Real Estate Transfer Disclosure Statement as provided in Section 1102.6a of the Civil Code.
(2)CA Public Resources Code § 2694(c)(2) The Natural Hazard Disclosure Statement as provided in Section 1103.2 of the Civil Code.
(d)CA Public Resources Code § 2694(d) If the map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a seismic hazard zone, the agent shall mark “Yes” on the Natural Hazard Disclosure Statement. The agent may mark “No” on the Natural Hazard Disclosure Statement if he or she attaches a report prepared pursuant to subdivision (c) of Section 1103.4 of the Civil Code that verifies the property is not in the hazard zone. Nothing in this subdivision is intended to limit or abridge any existing duty of the transferor or the transferor’s agents to exercise reasonable care in making a determination under this subdivision.
(e)CA Public Resources Code § 2694(e) For purposes of the disclosures required by this section, the following persons shall not be deemed agents of the transferor:
(1)CA Public Resources Code § 2694(e)(1) Persons specified in Section 1103.11 of the Civil Code.
(2)CA Public Resources Code § 2694(e)(2) Persons acting under a power of sale regulated by Section 2924 of the Civil Code.
(f)CA Public Resources Code § 2694(f) For purposes of this section, Section 1103.13 of the Civil Code applies.
(g)CA Public Resources Code § 2694(g) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction.

Section § 2695

Explanation

This law requires the board to create guidelines, priorities, and policies for mapping seismic hazard zones in California by January 1, 1992. It involves setting priorities based on factors like population impact, threat to public health and safety, cost-sharing willingness, and available information. The board must also develop policies for local and state agencies on handling projects in these zones, including criteria for project approval and geotechnical report requirements. An advisory committee of experts in seismic hazards, along with other stakeholders, must be consulted. Before finalizing these measures, drafts should be shared with affected cities, counties, and state agencies for review.

(a)CA Public Resources Code § 2695(a) On or before January 1, 1992, the board, in consultation with the director and the commission, shall develop all of the following:
(1)CA Public Resources Code § 2695(a)(1) Guidelines for the preparation of maps of seismic hazard zones in the state.
(2)CA Public Resources Code § 2695(a)(2) Priorities for mapping of seismic hazard zones. In setting priorities, the board shall take into account the following factors:
(A)CA Public Resources Code § 2695(a)(2)(A) The population affected by the seismic hazard in the event of an earthquake.
(B)CA Public Resources Code § 2695(a)(2)(B) The probability that the seismic hazard would threaten public health and safety in the event of an earthquake.
(C)CA Public Resources Code § 2695(a)(2)(C) The willingness of lead agencies and other public agencies to share the cost of mapping within their jurisdiction.
(D)CA Public Resources Code § 2695(a)(2)(D) The availability of existing information.
(3)CA Public Resources Code § 2695(a)(3) Policies and criteria regarding the responsibilities of cities, counties, and state agencies pursuant to this chapter. The policies and criteria shall address, but not be limited to, the following:
(A)CA Public Resources Code § 2695(a)(3)(A) Criteria for approval of a project within a seismic hazard zone, including mitigation measures.
(B)CA Public Resources Code § 2695(a)(3)(B) The contents of the geotechnical report.
(C)CA Public Resources Code § 2695(a)(3)(C) Evaluation of the geotechnical report by the lead agency.
(4)CA Public Resources Code § 2695(a)(4) Guidelines for evaluating seismic hazards and recommending mitigation measures.
(5)CA Public Resources Code § 2695(a)(5) Any necessary procedures, including, but not limited to, processing of waivers pursuant to Section 2697, to facilitate the implementation of this chapter.
(b)CA Public Resources Code § 2695(b) In developing the policies and criteria pursuant to subdivision (a), the board shall consult with and consider the recommendations of an advisory committee, appointed by the board in consultation with the commission, composed of the following members:
(1)CA Public Resources Code § 2695(b)(1) An engineering geologist registered in the state.
(2)CA Public Resources Code § 2695(b)(2) A seismologist.
(3)CA Public Resources Code § 2695(b)(3) A civil engineer registered in the state.
(4)CA Public Resources Code § 2695(b)(4) A structural engineer registered in the state.
(5)CA Public Resources Code § 2695(b)(5) A representative of city government, selected from a list submitted by the League of California Cities.
(6)CA Public Resources Code § 2695(b)(6) A representative of county government, selected from a list submitted by the County Supervisors Association of California.
(7)CA Public Resources Code § 2695(b)(7) A representative of regional government, selected from a list submitted by the Council of Governments.
(8)CA Public Resources Code § 2695(b)(8) A representative of the insurance industry.
(9)CA Public Resources Code § 2695(b)(9) The Insurance Commissioner.
All of the members of the advisory committee shall have expertise in the field of seismic hazards or seismic safety.
(c)CA Public Resources Code § 2695(c) At least 90 days prior to adopting measures pursuant to this section, the board shall transmit or cause to be transmitted a draft of those measures to affected cities, counties, and state agencies for review and comment.

Section § 2696

Explanation

The State Geologist is responsible for creating maps that show areas prone to seismic hazards. These maps need to be made according to a schedule and budget set by the director. Once the maps are finished, they are shared with relevant cities, counties, and state agencies for feedback.

Those organizations have 90 days to provide their input. The State Geologist will then revise the maps as needed based on the feedback received. Updated maps are sent to every responsible state agency and local government to be officially recorded.

To keep property sellers and their agents informed, counties receiving these maps must post a notice within five days in specific county offices. This notice will indicate where to find the map, any changes to it, and when the notice takes effect.

(a)CA Public Resources Code § 2696(a) The State Geologist shall compile maps identifying seismic hazard zones, consistent with the requirements of Section 2695. The maps shall be compiled in accordance with a time schedule developed by the director and based upon the provisions of Section 2695 and the level of funding available to implement this chapter.
(b)CA Public Resources Code § 2696(b) The State Geologist shall, upon completion, submit seismic hazard maps compiled pursuant to subdivision (a) to the board and all affected cities, counties, and state agencies for review and comment. Concerned jurisdictions and agencies shall submit all comments to the board for review and consideration within 90 days. Within 90 days of board review, the State Geologist shall revise the maps, as appropriate, and shall provide copies of the official maps to each state agency, city, or county, including the county recorder, having jurisdiction over lands containing an area of seismic hazard. The county recorder shall record all information transmitted as part of the public record.
(c)CA Public Resources Code § 2696(c) In order to ensure that sellers of real property and their agents are adequately informed, any county that receives an official map pursuant to this section shall post a notice within five days of receipt of the map at the office of the county recorder, county assessor, and county planning agency, identifying the location of the map, any information regarding changes to the map, and the effective date of the notice.

Section § 2697

Explanation

Before approving a construction project in an area prone to earthquakes, cities and counties in California must usually have a geotechnical report that identifies any seismic hazards. However, if studies of nearby areas show no significant risk, this report might not be needed. Once a report is approved or waived, no further reports are needed unless new geological information suggests otherwise.

Additionally, every approved geotechnical report and any mitigation measures must be sent to the State Geologist within 30 days. Cities and counties must follow existing policies when considering projects in these zones. If a project doesn't align with these policies, they must explain the reasons in writing to the State Geologist within 30 days of approval.

(a)CA Public Resources Code § 2697(a) Cities and counties shall require, prior to the approval of a project located in a seismic hazard zone, a geotechnical report defining and delineating any seismic hazard. If the city or county finds that no undue hazard of this kind exists, based on information resulting from studies conducted on sites in the immediate vicinity of the project and of similar soil composition to the project site, the geotechnical report may be waived. After a report has been approved or a waiver granted, subsequent geotechnical reports shall not be required, provided that new geologic datum, or data, warranting further investigation is not recorded. Each city and county shall submit one copy of each approved geotechnical report, including the mitigation measures, if any, that are to be taken, to the State Geologist within 30 days of its approval of the report.
(b)CA Public Resources Code § 2697(b) In meeting the requirements of this section, cities and counties shall consider the policies and criteria established pursuant to this chapter. If a project’s approval is not in accordance with the policies and criteria, the city or county shall explain the reasons for the differences in writing to the State Geologist, within 30 days of the project’s approval.

Section § 2698

Explanation

This law section allows cities and counties to create their own rules that are tougher than the ones set by the board. Basically, local governments can impose stricter policies if they choose.

Nothing in this chapter is intended to prevent cities and counties from establishing policies and criteria which are more strict than those established by the board.

Section § 2699

Explanation

This law requires cities and counties in California to use seismic hazard maps when developing or updating their general plan's safety elements and land use regulations. This ensures that potential earthquake risks are considered during the planning and permitting processes.

Each city and county, in preparing the safety element to its general plan pursuant to subdivision (g) of Section 65302 of the Government Code, and in adopting or revising land use planning and permitting ordinances, shall take into account the information provided in available seismic hazard maps.

Section § 2699.5

Explanation

This law establishes the Seismic Hazards Identification Fund as a special fund in the State Treasury. The money in this fund is allocated, once approved by the Legislature, to support seismic hazard mapping and instrumentation activities. Starting from July 1, 2004, this fund is called the Strong-Motion Instrumentation and Seismic Hazards Mapping Fund.

(a)CA Public Resources Code § 2699.5(a) There is hereby created the Seismic Hazards Identification Fund, as a special fund in the State Treasury.
(b)CA Public Resources Code § 2699.5(b) Upon appropriation by the Legislature, the moneys in the Strong-Motion Instrumentation and Seismic Hazards Mapping Fund shall be allocated to the division for purposes of this chapter and Chapter 8 (commencing with Section 2700).
(c)CA Public Resources Code § 2699.5(c) On and after July 1, 2004, the Seismic Hazards Identification Fund shall be known as the Strong-Motion Instrumentation and Seismic Hazards Mapping Fund.

Section § 2699.6

Explanation

This law section states that the rules or provisions in this particular chapter started to be effective on April 1, 1991.

This chapter shall become operative on April 1, 1991.