BILL NUMBER: SB 110 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 8, 2011
AMENDED IN SENATE MAY 2, 2011
INTRODUCED BY Senator Rubio
JANUARY 14, 2011
An act to amend Section 1103.4 of the Civil Code, relating
the to property disclosures.
LEGISLATIVE COUNSEL'S DIGEST
SB 110, as amended, Rubio. Real property disclosures: mining
operations.
Existing law limits the liability of a transferor or listing
or selling agent under certain conditions for failing to
disclose natural hazards or to make other disclosures in
specified property transactions and either or transferee the
transferor obtains if the error, inaccuracy, or
omission was not within the personal knowledge of the transferor or
the listing or selling agent and he or she acted in reliance upon
a report or opinion prepared by a licensed engineer, land
surveyor, geologist, or expert in natural hazard discovery dealing
with matters within the scope of the professional's license or
expertise. Existing law conditions this limitation in specified ways,
including the requirement that when an expert responds to a request
regarding natural hazards, that the expert determine whether the
property is within an airport influence zone, the jurisdiction of the
San Francisco Bay Conservation and Development Commission, or
designated farmland and, if so, existing law requires the expert
to provide a specified notice or notices with his or her
report.
This bill would further condition the limitation on liability
described above by requiring an expert, when responding to a request
regarding natural hazards, to also determine whether the property is
presently located within 1000 feet one mile
of a parcel of real property subject to mine operations
identified in a Notice of Reclamation Plan Approval recorded with the
county recorder, as specified, and to provide a specified notice in
this regard.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1103.4 of the Civil Code is amended to read:
1103.4. (a) Neither the transferor nor any listing or selling
agent shall be liable for any error, inaccuracy, or omission of any
information delivered pursuant to this article if the error,
inaccuracy, or omission was not within the personal knowledge of the
transferor or the listing or selling agent, and was based on
information timely provided by public agencies or by other persons
providing information as specified in subdivision (c) that is
required to be disclosed pursuant to this article, and ordinary care
was exercised in obtaining and transmitting the information.
(b) The delivery of any information required to be disclosed by
this article to a prospective transferee by a public agency or other
person providing information required to be disclosed pursuant to
this article shall be deemed to comply with the requirements of this
article and shall relieve the transferor or any listing or selling
agent of any further duty under this article with respect to that
item of information.
(c) The delivery of a report or opinion prepared by a licensed
engineer, land surveyor, geologist, or expert in natural hazard
discovery dealing with matters within the scope of the professional's
license or expertise shall be sufficient compliance for application
of the exemption provided by subdivision (a) if the information is
provided to the prospective transferee pursuant to a request
therefor, whether written or oral. In responding to that request, an
expert may indicate, in writing, an understanding that the
information provided will be used in fulfilling the requirements of
Section 1103.2 and, if so, shall indicate the required disclosures,
or parts thereof, to which the information being furnished is
applicable. Where that statement is furnished, the expert shall not
be responsible for any items of information, or parts thereof, other
than those expressly set forth in the statement.
(1) In responding to the request, the expert shall determine
whether the property is within an airport influence area as defined
in subdivision (b) of Section 11010 of the Business and Professions
Code. If the property is within an airport influence area, the report
shall contain the following statement:
NOTICE OF AIRPORT IN VICINITY
This property is presently located in the
vicinity of an
airport, within what is known as an airport
influence area. For that
reason, the property may be subject to some of
the annoyances or
inconveniences associated with proximity to
airport operations
(for example: noise, vibration, or odors).
Individual sensitivities
to those annoyances can vary from person to
person. You may wish to
consider what airport annoyances, if any, are
associated with the
property before you complete your purchase and
determine whether they
are acceptable to you.
(2) In responding to the request, the expert shall determine
whether the property is within the jurisdiction of the San Francisco
Bay Conservation and Development Commission, as defined in Section
66620 of the Government Code. If the property is within the
commission's jurisdiction, the report shall contain the following
notice:
NOTICE OF SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION
JURISDICTION
This property is located within the jurisdiction of the San
Francisco Bay Conservation and Development Commission. Use and
development of property within the commission's jurisdiction may be
subject to special regulations, restrictions, and permit
requirements. You may wish to investigate and determine whether they
are acceptable to you and your intended use of the property before
you complete your transaction.
(3) In responding to the request, the expert shall determine
whether the property is presently located within one mile of a parcel
of real property designated as "Prime Farmland," "Farmland of
Statewide Importance," "Unique Farmland," "Farmland of Local
Importance," or "Grazing Land" on the most current "Important
Farmland Map" issued by the California Department of Conservation,
Division of Land Resource Protection, utilizing solely the
county-level GIS map data, if any, available on the Farmland Mapping
and Monitoring Program Web site. If the residential property is
within one mile of a designated farmland area, the report shall
contain the following notice:
NOTICE OF RIGHT TO FARM
This property is located within one mile of a farm or ranch land
designated on the current county-level GIS "Important Farmland Map,"
issued by the California Department of Conservation, Division of Land
Resource Protection. Accordingly, the property may be subject to
inconveniences or discomforts resulting from agricultural operations
that are a normal and necessary aspect of living in a community with
a strong rural character and a healthy agricultural sector. Customary
agricultural practices in farm operations may include, but are not
limited to, noise, odors, dust, light, insects, the operation of
pumps and machinery, the storage and disposal of manure, bee
pollination, and the ground or aerial application of fertilizers,
pesticides, and herbicides. These agricultural practices may occur at
any time during the 24-hour day. Individual sensitivities to those
practices can vary from person to person. You may wish to consider
the impacts of such agricultural practices before you complete your
purchase. Please be advised that you may be barred from obtaining
legal remedies against agricultural practices conducted in a manner
consistent with proper and accepted customs and standards pursuant to
Section 3482.5 of the Civil Code or any pertinent local ordinance.
(4) In responding to the request, the expert shall determine
whether the property is presently located within 1000 feet
one mile of a parcel of real property subject to
mine operations identified in a Notice of Reclamation Plan Approval
recorded with the county recorder pursuant to Section 2772.7 of the
Public Resources Code. If the residential property is within
1000 feet one mile of real property subject to
mine operations identified in a Notice of Reclamation Plan Approval,
the report shall contain the following notice:
NOTICE OF MINING OPERATIONS
This property is located within 1000 feet
one mile of a mine operation that has been identified in a
Notice of Reclamation Plan Approval recorded with the county recorder
pursuant to Section 2772.7 of the Public Resources Code.
Accordingly, the property may be subject to inconveniences resulting
from mining operations. You may wish to consider the impacts of these
practices before you complete your transaction.