Required Hazard Disclosure items
Supplemental Hazard Disclosure Items
California Tax Disclosure
California Environmental Disclosure
Required Hazard Disclosure
The Federal Emergency Management Agency (FEMA) maintains maps delineating Special Flood Hazard Areas. A property lying within a SFHA in a participating community is eligible for low cost flood insurance through FEMA’s National Flood Insurance Program (NFIP). Properties identified to lie within the SFHA (usually A and V zones) are identified in this report.
Dam inundation hazards are areas affected by the failure of a dam or levee. While these areas are usually protected from flood by the dams and levees, in the case of failure due to earthquake or erosion, these areas become the drainage basin. The State of California Office of Emergency Services (OES) regulates areas of Dam inundation susceptibility. Inundation maps for the entire state are available via the internet from the OES web page. Maps can also be obtained from the individual counties themselves, however inundation areas often span multiple counties while maps are only available from the county containing the dam. Very High Fire Hazard Area - The State of California has mapped areas of high fire risk. Included are areas which are windy, dry, difficult to access, or contain abundant fuel. Maps for High Fire Susceptibility are available digitally through the Department of Forestry. Paper maps are also available or can be reproduced using the digital data. Wildland Fire Hazard - The California Department of Forestry Fire Protection Services are responsible for extinguishing fires in areas delineated as State Responsibility Areas. These areas usually contain large areas of rural, state-owned land containing grasslands, brushlands and forests. Generally, Federal land and incorporated communities are not included. Maps for State Responsibility Areas are available digitally through the Department of Forestry. Paper maps are also available or can be reproduced using the digital data. Areas not included in the State Fire Responsibility Areas maintain independent fire protection services.
In 1973, the Alquist-Priolo Special Studies Zone Act began the creation of the maps known as of January 1, 1994, as the Alquist-Priolo Earthquake Fault Zone Maps. These maps were created to prohibit the location of most structures for human occupancy across the traces of active faults, preventing the hazard of fault rupture. In most cases the zones include areas within 600 feet of known active faults which displacement has occurred in the last 11,000 years. These maps are available through the Department of Conservation- Division of Mines and Geology. More detailed information is available from the state in Special Publication 42. The information in this publication is technical and provides specific information as well as an overview and history of the Alquist-Priolo acts.
Seismic Hazards are defined as areas subject to strong earthquake shaking, liquefaction, landslide or other earthquake related ground failures. In 1992, the Seismic Hazards Mapping Act was enacted which mandated the creation of Seismic Hazard Maps by the Department of Conservation - Division of Mines and Geology. These Seismic Hazard Maps include Liquefaction and Landslide Zones which must be differentiated on the Natural Hazard Disclosure Statement (NHDS).
Liquefaction is a phenomenon where soils, usually water saturated, exhibit water-like properties when subject to the ground shaking forces of an earthquake. Soils such as unconsolidated sands and silts are likely candidates to show effects of liquefaction. During liquefaction, soil is incapable of supporting structures. This causes structures to settle or sink and soil to boil up through cracks in the ground or pavement.
Landslide areas are defined as areas which exhibit displacement during seismic events. These areas are often located on hillsides with grades exceeding 25 degrees and contain unconsolidated bedrock. These areas are delineated on the State Seismic Hazard maps and, like Liquefaction, must be reported specifically within the Seismic Hazard section of the NHDS.
The State of California has mapped areas of high fire risk. Included are areas which are windy, dry, difficult to access, or contain abundant fuel. Maps for High Fire Susceptibility are avail¬able digitally through the Department of Forestry. Paper maps are also available or can be reproduced using the digital data.
The California Department of Forestry Fire Protection Services are responsible for extinguishing fires in areas delineated as State Responsibility Areas. These areas usually contain large areas of rural, state-owned land containing grasslands, brush¬lands and forests. Generally, Federal land and incorporated communities are not included. Maps for State Responsibility Areas are available digitally through the Department of Forestry. Paper maps are also available or can be reproduced using the digital data. Areas not included in the State Fire Responsibility Areas maintain independent fire protection services.
Radon Zone maps are available at http://www.epa.gov/radon/zonemap/california.htm. The EPA Map of Radon Zones was developed using five factors to determine radon potential: indoor radon measurements; geology; aerial radioactivity; soil permeability; and, foundation type. Radon potential assessment is based on geologic provinces. Radon Index Matrix is the quantitative assessment of radon potential. Confidence Index Matrix shows the quantity and quality of the data used to assess radon potential. Geologic Provinces were adapted to county boundaries for the Map of Radon Zones. Sections 307 and 309 of the Indoor Radon Abatement Act of 1988 (IRAA) directed EPA to list and identify areas of the U.S. with the potential for elevated indoor radon levels. EPA’s Map of Radon Zones assigns each of the 3,141 counties in the U.S. to one of three zones based on radon potential. Home kits can be purchased at the following link to determine the property’s actual Radon concentration: http://www.cdph.ca.gov/HealthInfo/environhealth/Pages/RadonTestKits.aspx
Airport Influence Areas may not include military or private airports. Airport Influence Areas may also be referred to as Airport Referral Area. Typically, this area includes all properties within 2 miles of a designated airport.
Pursuant to Section 290.46 of the Penal Code, information about registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at http://www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and the ZIP Code in which he or she resides.
Military Ordnance - Formerly Used Defense Sites. Determines if a property is located in the US Army Corps of Engineers database of known Formerly Used Military Sites which are known to contain hazards.
Effective July 1, 2013 a notice regarding Gas and Hazardous Liquid Transmission Pipelines is mandatory for all contracts for the sale of residential real property. The notice includes specific language to notify the buyer they are able to view the natural gas pipelines by visiting http://www.npms.phmsa.dot.gov. The site itself takes the individual to the “Pipeline Information Management Mapping Application”. According to their website, no username or password is required to search the National Pipeline Mapping System (NPMS) Public Map Viewer. Although you are able to print maps of the data, it is not downloadable. The following information is included and viewable:
- Transmission Pipelines
- LONG Plants
- Breakout Tanks in One Selected County
Land sellers and agents must disclose whether the property is located within one mile of farmland as designated on the most recent Important Farmland Map. Any of the five agricultural categories on the map qualifies for disclosure purposes, including Prime Farmland, Farmland of Statewide Importance, Unique Farmland, Farmland of Local Importance, and Grazing Land. Additional details can be found at http://www.consrv.ca.gov/dlrp/fmmp/mccu/Pages/map_categories.aspx.
The notice of mining operations, confirms if a property is located within one mile of a mine operation for which the mine owner or operator has reported mine location data to the Department of Conservation pursuant to Section 2207 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.
The California Land Conservation Act of 1965, also known as the Williamson Act, allows contracts between landowners and local governments that restrict parcels of land to agricultural or open space use in exchange for reduced property tax assessments. Local governments receive annual payments (subvention) from the State of California that help make up for lost property tax revenue. Los Angeles, San Francisco, Del Norte, Yuba, Inyo and Modoc Counties do not participate in the program. A Williamson Act contract runs with the land and is binding on all successors in interest of the landowner. For more information contact: California Department of Conservation, Division of Land Resource Protection (916) 324-0850 or http://www.conservation.ca.gov/dlrp/lca/Pages/Index.aspx.
California Tax Hazards
A Mello-Roos Community Facilities District, known as a CFD, is a special tax district formed by a local government (a city, county, special district, etc…) in order to finance certain designated facilities and/or services which benefit the properties within the CFD. Often, a CFD will include the ability to issue municipal bonds to finance facilities and the debt is paid over time from the levy of the special tax. The levy of the special tax may also be used to directly finance facilities and/or services.
A 1915 Act Assessment District is a special assessment district created pursuant to the Improvement Act of 1911 (Streets and Highways Code Section 5000 et seq.) or the Municipal Improvement Act of 1913 (Streets and Highways Code Section 10000 et seq.) upon majority approval of the property owners during an assessment balloting procedure. A 1915 Act Assessment District may be formed by a local government (a city, county, special district, etc…) in order to finance certain designated facilities that benefit the properties within the district. A 1915 Act Assessment District will include the ability to issue municipal bonds to finance facilities pursuant to the Improvement Bond Act of 1915 (Streets and Highways Code Section 8500 et seq.) and the debt is paid over time from the levy of the special assessments.
California Environmental Disclosure
EPA Final Superfund Sites Database (NPL)The NPL is the list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States and its territories. The NPL is intended primarily to guide the EPA in determining which sites warrant further investigation. Superfund is the Federal government’s program to clean up the nation’s uncontrolled hazardous waste sites. Under the Superfund program, abandoned, accidentally spilled, or illegally dumped hazardous waste that pose a current or future threat to human health or the environment are cleaned up. To accomplish its mission, EPA works closely with communities, Potentially Responsible Parties (PRPs), scientists, researchers, contractors, and state, local, tribal, and Federal authorities. Together with these groups, EPA identifies hazardous waste sites, tests the conditions of the sites, formulates cleanup plans, and cleans up the sites.
EPA Proposed Superfund Sites Database (CERCLIS)CERCLIS contains information on hazardous waste sites, potential hazardous waste sites, and remedial activities across the nation, including sites that are on the National Priorities List (NPL) or being considered for the NPL. Superfund is the Federal government’s program to clean up the nation’s uncontrolled hazardous waste sites. Under the Superfund program, abandoned, accidentally spilled, or illegally dumped hazardous waste that pose a current or future threat to human health or the environment are cleaned up. To accomplish its mission, EPA works closely with communities, Potentially Responsible Parties (PRPs), scientists, researchers, contractors, and state, local, tribal, and Federal authorities. Together with these groups, EPA identifies hazardous waste sites, tests the conditions of the sites, formulates cleanup plans, and cleans up the sites.
State Response Sites Database (ENVIROSTOR)State response sites are sites where the California Department of Toxic Substance Control (DTSC) is actively working to remediate, either in a lead role or support capacity. These sites are also known as the State Superfund sites. These sites are considered to pose the greatest threat to the public and the environment. These confirmed sites are generally high priority, high potential risk,and include military facilities, state "funded" or Responsible Party (RP) lead, and National Priorities List (NPL) sites.
Confirmed Hazardous Substance Release Database (ENVIROSTOR)The Department of Toxic Substances Control’s (DTSC’s) Site Mitigation and Brownfields Reuse Program’s (SMBRP’s) EnviroStor database identifies sites that have known contamination or sites for which there may be reasons to investigate further. EnviroStor provides similar information to the information that was available in CalSites, and provides additional site information, including, but not limited to, identification of formerly-contaminated properties that have been released for reuse, properties where environmental deed restrictions have been recorded to prevent inappropriate land uses, and risk characterization information that is used to assess potential impacts to public health and the environment at contaminated sites.
EPA Resource Conservation and Recovery Act Database (RCRAInfo)RCRAInfo is EPAs comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Transporters are individuals or entities that move hazardous waste from the generator offsite to a facility that can recycle, treat, store, or dispose of the waste. TSDFs treat, store, or dispose of the waste.
Leaking Underground Tanks Database (LUST)Leaking underground storage tanks are a significant source of petroleum impacts to groundwater and may pose the following potential threats to health and safety:
- Exposure from impacts to soil and/or groundwater;
- Contamination of drinking water aquifers;
- Contamination of public or private drinking water wells;
- Inhalation of vapors;
If a leak occurs, the owner or operator of the tank must report the leak to the local regulatory agency. Soil and/or groundwater assessment may be required by the lead regulatory agency.
Landfills and/or Waste Transfer Stations Database (SWIS)The Solid Waste Information System (SWIS) database contains information on solid waste facilities, operations, and disposal sites throughout the State of California. The types of facilities found in this database include landfills, transfer stations, material recovery facilities, composting sites, transformation facilities, waste tire sites, and closed disposal sites.
Clandestine Drug Labs Sites from Federal Sources (US CDL)Clandestine Drug Labs Sites from Federal Sources is a listing of drug lab location from the U.S. Department of Justice ("the Department"). It contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites. In most cases, the source of the entries is not the Department, and the Department has not verified the entry and does not guarantee its accuracy. Members of the public must verify the accuracy of all entries by, for example, contacting local law enforcement and local health departments.
Clandestine Drug Lab Sites from State Sources (CDL)Health and Safety code section 25354.5 requires DTSC removal and disposal of hazardous substances discovered by law enforcement officials while investigating clandestine drug laboratories. The illegal manufacture of psychoactive drugs, primarily methamphetamine, has escalated dramatically since 1980. California leads the nation in the number of illicit drug laboratory seizures. Contaminants at clandestine labs range from highly volatile organic solvents and semi-volatile organic compounds, to highly corrosive inorganic acids and bases, the illicit drug itself, and other by-products. The DTSC Clandestine Drug Lab Removal Program has funded and coordinated removal and disposal actions at more than 12,000 illegal drug labs and drug lab waste abandonments in the last five years.
The Division of Oil, Gas, and Geothermal Resources was formed in 1915 to address the needs of the state, local governments, and industry by regulating statewide oil and gas activities with uniform laws and regulations. The Division supervises the drilling, operation, maintenance, and plugging and abandonment of onshore and offshore oil, gas, and geothermal wells, preventing damage to: (1) life, health, property, and natural resources; (2) underground and surface waters suitable for irrigation or domestic use; and (3) oil, gas, and geothermal reservoirs. Division requirements encourage wise development of California’s oil, gas, and geothermal resources while protecting the environment.