Governor Newsom signed SB 1153 (Caballero) on September 29, 2026 (Chapter 776, Statutes of 2026). Starting January 1, 2028, urban retail water suppliers serving 3,300 or more people in high or very high fire hazard severity zones must add wildfire response procedures to their emergency plans, including any federal emergency response plan.
What covered suppliers must do
- Mitigate: Identify actions, procedures, and equipment that reduce wildfire impacts on the system and drinking water supply, considering available staff and funding.
- Prepare: Identify critical infrastructure and coordinate with local emergency responders, including cities, counties, OES offices, fire agencies, and law enforcement.
- Assess resilience: Evaluate pumps, tanks, pipelines, and backup power in fire hazard zones, along with hardening and backup options.
- Respond: Set immediate response actions, prepare water tanks during Red Flag Warnings, and plan customer communications.
- Recover: Plan for damage assessments and long-term adaptation.
- Share and review: Provide the procedures to the county OES and review plans at least every five years.
Liability clarifications
The law makes clear that public water systems are not required to be designed, built, or maintained for wildfire suppression, and that loss of water supply or pressure during a wildfire is not considered a substantial cause of wildfire damages. Liability for negligence in normal operations does not change. For some suppliers, not complying could be a misdemeanor under existing emergency services law, so members should confirm their obligations with counsel.
Why it matters across sectors
These plans depend on more than water. Power and PSPS events, fuel for backup generators, communications for customer alerts, and road access for crews all shape how a water system holds up in a wildfire, which is why cross-sector coordination matters.
What CUEA is doing
ACWA is leading on policy, and CUEA is working with ACWA on developing resources to put plans into practice across sectors. More information will follow. In the meantime, members can check whether their service area includes high or very high fire hazard severity zones, review their current emergency plans for wildfire coverage, and tell CUEA which resources would help most.
* This update is for information only and is not legal advice.
