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

The document header changed from an enrolled bill format (showing Assembly and Senate passage dates, clerk signatures, and a blank governor receipt line) to a chaptered law format showing 'STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL,' Chapter 731, and the approval date of October 13, 2025.

Page numbers changed from 92 (enrolled) to 91 (chaptered), and running headers changed from 'AB 1455' to 'Ch. 731' throughout the document.

Text was reflowed due to different page width in the chaptered format, but the statutory content of Sections 51182, 51182.4, and 4291 is substantively identical between both versions.

Typo in the legislative counsel's digest corrected: 'local fire hazards hazards' changed to 'local fire hazards'

Minor wording change in the digest: 'The bill would establish that a property owner' changed to 'The bill would provide that a property owner'

New Section 3 rewrites Public Resources Code Section 4291 in full, directly codifying defensible space requirements (including the ember-resistant zone) for state responsibility areas rather than merely requiring the board to adopt regulations implementing them. This brings state responsibility area rules into the same explicit statutory framework as very high fire hazard severity zones.

Section 51182 now opens with an explicit requirement that the State Board of Forestry and Fire Protection shall adopt regulations to implement ALL the defensible space rules described in the subdivision, not just the ember-resistant zone. Previously the regulation mandate was narrower.

Emergency regulation adoption in Section 51182.5 is now conditional: regulations must be adopted as emergency regulations only if using the regular Administrative Procedure Act process would inhibit compliance with the December 31, 2025 deadline in Executive Order No. N-18-25. Previously the bill required emergency regulations unconditionally and also required them to follow the Z'berg-Nejedly Forest Practice Act rulemaking process (which was removed).

New phased implementation for state responsibility areas: the ember-resistant zone requirement takes effect for new structures when the board updates both its regulations and guidance document, and for existing structures three years after that date. The department also cannot change inspection practices or enforcement until the State Fire Marshal makes a written finding (posted on the department website) that the Legislature has appropriated sufficient resources.

The guidance document update deadline changed from a fixed date of January 1, 2023 (already past) to 'no later than one year after the board adopts regulations in compliance with the Executive Order N-18-25 deadline,' making it relative to when regulations are actually adopted.

New provisions require the State Fire Marshal to recommend to the board which types of vegetation or fuel should be excluded from the ember-resistant zone based on ignition probability, and to make reasonable efforts to notify affected residents of the requirements before penalties are imposed for violations.

The fiscal committee finding changed from 'State-mandated local program: no' to 'State-mandated local program: yes,' acknowledging that the expanded scope (particularly the new Public Resources Code amendments) imposes costs on local agencies that trigger state reimbursement obligations under the California Constitution.

New definition of 'fuel' in the state responsibility area provisions means any combustible material including petroleum-based products, cultivated landscape plants, grasses, weeds, and wildland vegetation. A new definition of 'person' is also added covering private individuals, organizations, partnerships, LLCs, and corporations.

New exemption/variance provision for state responsibility areas: the State Fire Marshal may exempt structures with exteriors constructed entirely of nonflammable materials, or vary requirements based on structure contents and composition, subject to written consent for interior inspection.

Section 51182.5 of the Government Code, which was being added as a separate new section alongside Section 51182.4, has been removed entirely. The bill now only adds Section 51182.4.

The factors a local agency may consider when authorizing alternative practices expanded from 'local fire hazards and other conditions' to 'local variations in local fire hazards, geography, development, and other conditions,' giving agencies more specific criteria for tailoring requirements.

Local agencies that may designate defensible space requirements by ordinance are now limited to those 'responsible for fire protection,' rather than any local agency.

A new coordination provision states that the bill would incorporate additional changes to Section 4291 of the Public Resources Code proposed by SB 326, operative only if both bills are enacted and AB 1455 is enacted last.

The ember-resistant zone description in Section 51182(a)(1)(A) was simplified from the awkward phrasing 'an ember-resistant zone, in which materials that would likely be ignited by embers are required to be eliminated, zone being required within 5 feet' to simply 'an ember-resistant zone being required within 5 feet of the structure.'

The reimbursement section was simplified: the prior language stating 'no reimbursement is required by this act for a specified reason' was removed, leaving only the provision that reimbursement would be made if the Commission on State Mandates determines costs are mandated by the state.

New subdivision (f) added to Government Code Section 51182 authorizing local agencies to designate defensible space requirements by ordinance, consider local fire hazards and conditions, and authorize alternative practices to state board regulations if they provide substantially similar practical effects. Property owners complying with local alternative practices are not deemed to have violated state requirements.

New subdivision (e) added to the emergency regulations section (now Section 51182.4) stating that adoption or readoption of the regulations does not constitute a project for purposes of CEQA, exempting the rulemaking from environmental impact review.

Section 51182.5 was renumbered to Section 51182.4 in the Government Code.

The required legislative vote changed from a simple majority to two-thirds (2/3), meaning the bill now requires supermajority support in both houses to pass.

Urgency clause added declaring the bill takes effect immediately upon passage, rather than waiting for the standard 90-day delay.

State mandates reimbursement language changed from 'no reimbursement is required by this act for a specified reason' to 'if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made,' potentially requiring the state to pay local agencies for compliance costs.

The bill now amends Section 51182 of the Government Code in addition to adding Section 51182.5, expanding its reach from just authorizing emergency rulemaking to directly rewriting the underlying defensible space statute.

The requirement for the Secretary of the Natural Resources Agency to certify the regulations as a certified regulatory program under CEQA (Section 21080.5) has been entirely removed from the bill.

New detailed defensible space requirements are codified in Section 51182, including: 100-foot fuel management zone with more intense reductions between 5 and 30 feet; an ember-resistant zone within 5 feet where ignitable materials must be eliminated; tree trimming within 10 feet of chimney/stovepipe outlets; roof maintenance; and building certification requirements for new construction or post-fire rebuilding.

Insurance companies may require greater defensible space distances if a fire expert designated by the local fire chief finds fuel modification is necessary to significantly reduce ignition risk and no other feasible mitigation exists.

The State Board of Forestry and Fire Protection must develop, periodically update, and post a guidance document on fuels management that includes regionally appropriate vegetation suggestions preserving fire-resistant native species, minimizing erosion and nonnative grass spread, and addressing nonvegetative combustion sources like woodpiles and propane tanks.

A new definition clarifies that for ember-resistant zone purposes, a structure includes any attached deck, and the State Board or Office of the State Fire Marshal may require removal of fuel or vegetation on top of or underneath a deck.

The state-mandated local program finding changed from 'no' to 'yes,' and a new Section 3 was added stating no reimbursement is required under Article XIII B of the California Constitution because the only costs stem from creating or changing a crime or infraction.

A deadline of January 1, 2023 is referenced for updating the guidance document to include ember-resistant zone suggestions (this appears to be a carryover date from prior law being recast into the new section).

Removed the amendment to Government Code Section 65040.21 that would have required the Office of Land Use and Climate Innovation to update the Fire Hazard Planning, General Plan Technical Advice Series guidance document at least once every 5 years beginning January 1, 2026 (previously every 8 years). This provision is no longer part of the bill.

Section 51182.5(a) was revised to clarify statutory cross-references: state responsibility area requirements are now explicitly tied to Section 4291 of the Public Resources Code, while very high fire hazard severity zone requirements are tied to both Section 51182 of the Government Code and Section 4291 of the Public Resources Code. The earlier version grouped both zone types under a single set of citations.

New Government Code Section 51182.5 requires the State Board of Forestry and Fire Protection to adopt regulations implementing defensible space requirements for an ember-resistant zone within 5 feet of a structure in state responsibility areas and very high fire hazard severity zones.

The rulemaking process must be consistent with the Z'berg-Nejedly Forest Practice Act of 1973, and emergency regulations may be readopted if substantially equivalent to previously adopted ones.

The new section mandates that these regulations be adopted as emergency regulations, with the Office of Administrative Law considering them necessary for the immediate preservation of public peace, health, safety, and general welfare.

The Secretary of the Natural Resources Agency must certify the regulations as a certified regulatory program under CEQA (Section 21080.5), allowing the associated plan documentation to be submitted in lieu of a full environmental impact report.

Emergency regulations adopted under this section remain in effect indefinitely until revised by the State Board, overriding the normal sunset provisions for emergency regulations.

The bill's scope expanded from a single amendment to Section 65040.21 (updating frequency of fire hazard planning guidance) to also include new regulatory authority over ember-resistant zones, adding CEQA and fire safety dimensions to the original land use planning focus.