Amended IN Assembly March 12, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2091Introduced by Assembly Member GraysonFebruary 07, 2018 An act to amend Sections 730, 731, and 4002 of, to add Section 742 to, and to add Article 4 (commencing with Section 4497) 4500) to Chapter 7 of Part 2 of Division 4 of of, the Public Resources Code, relating to burning of lands. fire prevention.LEGISLATIVE COUNSEL'S DIGESTAB 2091, as amended, Grayson. Prescribed Fire prevention: prescribed burns.(1) Existing law establishes in the Department of Forestry and Fire Protection the State Board of Forestry and Fire Protection consisting of 9 members appointed, selected, and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, among other things, forest management practices.This bill would rename the board to the State Board of Forestry and Fire Prevention and Protection. The bill would additionally require members to have general knowledge of, interest in, and experience with fire prevention. The bill would require at least one member to be selected with a background and understanding of fire prevention, including prescribed fire. The bill would require the board to appoint a prescribed fire advisory committee, as provided, and would require the board to consult with the advisory committee on development of training, certification, and recertification of prescribed burn managers and organizations. Existing(2) Existing law authorizes a person, firm, or corporation, or a group or combination of persons, firms, corporations, or groups, that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area to apply to the Department of Forestry and Fire Protection department for permission to utilize a prescribed burning for specified public purposes.This bill would establish the Prescribed Burning Board in the department. The bill would require the board State Board of Forestry and Fire Prevention and Protection to establish, on or before January 1, 2022, standards for prescribed burning, and establish standards for certification, recertification, and training for certified and insured prescribed burn managers, among other things. The bill would require the board to establish a schedule of fees for purposes of certifying a prescribed burn manager and would establish the Prescribed Burn Fund for deposit of those fees. The bill would authorize the board to spend the money in the fund, upon appropriation by the Legislature, for purposes of administering the certification program. The bill would provide that an owner, lessee, or occupant of specified lands is not liable for property damage or for injury or death to persons caused by or resulting from prescribed burning conducted on the land if the burn is conducted under the supervision of a certified and insured prescribed burn manager, as provided. The bill would require the department to develop and implement an insurance pool for certified prescribed burn managers, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 730 of the Public Resources Code is amended to read:730. (a) There is in the department a State Board of Forestry and Fire Prevention and Protection consisting of nine members appointed by the Governor, subject to confirmation by the Senate.(b) (1) On and after January 1, 1998, wherever any reference is made in any law to the State Board of Forestry in the department, the reference shall be deemed to be a reference to, and to mean, the State Board of Forestry and Fire Protection.(2) On and after January 1, 2019, wherever any reference is made in any law to the State Board of Forestry and Fire Protection in the department, the reference shall be deemed to be a reference to, and to mean, the State Board of Forestry and Fire Prevention and Protection.(2)(3) No existing supplies, forms, signs, or logos shall be destroyed or changed to reflect the name change, and they shall continue to be used until exhausted or unserviceable.SEC. 2. Section 731 of the Public Resources Code is amended to read:731. All members of the board shall be appointed and shall be selected and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, problems relating to watershed management (including management, including hydrology and soil science), science, forest management practices, fish and wildlife, range management, forest economics, fire prevention, or land use planning. Five members shall be selected from the general public, three members shall be selected from the forest products industry, and one member shall be selected from the range livestock industry. At least one member shall be selected with a background and understanding of fire prevention, including prescribed fire. At no time shall a majority of the members, nor any of the members selected from the general public, be persons with a direct personal financial interest, within the meaning of Section 1120 87100 of the Government Code, in timberlands. All members of the board shall represent the general public interest.SEC. 3. Section 742 is added to the Public Resources Code, to read:742. (a) The board shall appoint a Prescribed Fire Advisory Committee and shall consult with the advisory committee on development of training, certification, and recertification of prescribed burn managers and organizations pursuant to Article 4 (commencing with Section 4500) of Chapter 7 of Part 2 of Division 4.(b) The advisory committee shall consist of 10 members, who shall be selected as follows:(1) The member of the board who has a background and understanding of fire prevention, including prescribed fire, described in Section 731.(2) The director or his or her designee.(3) A federal forest land manager.(4) A representative of a local air district.(5) Two representatives from the general public with experience conducting prescribed burns.(6) Two representatives from the University of California Cooperative Extension.(7) Two representatives from tribal communities with experience conducting prescribed burns.(c) The chair of the board shall appoint the members of the advisory committee designated in paragraphs (3) to (7), inclusive, of subdivision (b). The members shall serve at the pleasure of their respective appointing powers.(d) The members shall serve without compensation, except that each member shall be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.(e) The chair of the advisory committee shall be the person identified in paragraph (1) of subdivision (b).SEC. 4. Section 4002 of the Public Resources Code is amended to read:4002. Board means the State Board of Forestry and Fire Prevention and Protection.SECTION 1.SEC. 5. Article 4 (commencing with Section 4497) 4500) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read: Article 4. Prescribed Burns4497.For purposes of this article, the following terms have the following meanings:(a)Board means the Prescribed Burning Board.(b)Advisory board means the advisory board established by the Prescribed Burning Board.4498.(a)There is hereby established in the department the Prescribed Burning Board.(b)The board shall be composed of the following members:(1)The director, or his or her designee.(2)The director of the Department of Parks and Recreation, or his or her designee.(3)The director of the Natural Resources Agency, or his or her designee.(4)An employee from the University of California Agriculture and Natural Resources Cooperative Extension.(5)The director of the Department of Fish and Wildlife, or his or her designee.(6)The director of the Department of Food and Agriculture, or his or her designee.(7)The director of the State Air Resources Board, or his or her designee.(8)The director of the State Water Resources Control Board, or his or her designee.(9)Five public members, appointed by the director of the department, that represent the following:(A)Owners of agricultural land.(B)Persons who are self-employed or employed by a person or entity other than a governmental entity.4499.(a)The board shall establish an advisory board composed of members of the public, including individuals representing the following:(1)Property owners.(2)Agriculture, forestry, and livestock producers.(3)Conservation interests. (4)Environmental interests.(5)Insurances interests.(b)The board shall determine the number of persons and manner of selection of the advisory board.(c)The advisory board shall provide advice and guidance to the board.4500. On or before January 1, 2022, the board shall accomplish all of the following:(a) Establish standards for prescribed burning, pursuant to Section 4501.(b) Develop a comprehensive training curriculum for certified and insured prescribed burn managers and prescribed burning organizations.(c) Establish standards for certification, recertification, and training for certified and insured prescribed burn managers.(d) Establish minimum education and professional requirements for instructors for the approved curriculum.(e)Establish minimum insurance requirements for certified and insured prescribed burn managers and prescribed burning organizations.4501. Minimum prescribed burn standards established by the board pursuant to subdivision (a) of Section 4500 shall accomplish all of the following:(a) Ensure that prescribed burning is the controlled application of fire to naturally occurring or naturalized vegetative fuels under specified environmental conditions in accordance with a written prescription plan that satisfies both of the following: (1) Is designed to confine the fire to a predetermined area and to accomplish planned land management objectives.(2) Conforms to the standards established pursuant to this section.(b) Require that at least one certified and insured prescribed burn manager is present on site during the conduct of the prescribed burn and that the burn is conducted by members of a prescribed burning organization.(c) Establish appropriate guidelines for the size of burning crews sufficient to do both of the following: (1) Conduct the burn in accordance with the prescription plan.(2) Provide adequate protection for the safety of persons and adjacent property.(d) Include standards for notification to adjacent landowners, the department, and local fire authorities.(e)Include minimum insurance requirements for certified and insured prescribed burn managers and prescribed burning organizations.4502. (a) Minimum standards established by the board for certification as a certified and insured prescribed burn manager shall require the completion of the approved training curriculum to be developed and promulgated by the board and taught by an approved instructor. (b) The board shall certify a person as a certified and insured prescribed burn manager if the person meets all of the following:(1) Applies to the board for certification.(2) Completes an approved training program by an approved instructor.(3) Pays a reasonable fee to the board in an amount determined by the board pursuant to Section 4502.5.(4)Meets the insurance requirements established by the board.(c) The certification shall be for two years.(d) A person may renew certification only by completing a continuing education program established by the board.(e) The board shall maintain a register of certified and insured prescribed burn managers and dates of completion of initial and continuing training. 4502.5. (a) The board shall establish a schedule of fees for purposes of this article to be assessed on persons seeking certification as a certified and insured prescribed burn manager.(b) The fees charged, in the aggregate, shall not exceed the reasonable cost to the board of administrating the certification program.(c) All fees collected by the board shall be deposited in Prescribed Burn Fund, which is hereby created in the State Treasury. Money in the fund may be expended by the board, upon appropriation by the Legislature, for purposes of administering the certification program pursuant to this article. 4503.(a)An owner, lessee, or occupant of brush-covered land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area is not liable for property damage or for injury or death to persons caused by or resulting from prescribed burning conducted on the land owned by, leased by, or occupied by the person if the prescribed burning is conducted under the supervision of a certified and insured prescribed burn manager and by members of a prescribed burning organization.(b)The limitation on liability established in subdivision (a) does not apply to an owner, lessee, or occupant described in subdivision (a) unless the burn is conducted under the supervision of a certified and insured prescribed burn manager who has liability insurance coverage as follows:(1)In an amount of at least one million dollars ($1,000,000) for each single occurrence of bodily injury or death, or injury to or destruction of property.(2)With a policy period minimum aggregate limit of at least two million dollars ($2,000,000).4504.(a)This article does not modify a landowner's liability for property damage, personal injury, or death resulting from a burn that is not conducted as provided by this article.(b)This article does not limit a landowner's right to conduct burns on the landowner's property.4503. (a) On or before January 1, 2020, the department shall develop and implement an insurance pool for prescribed burn managers certified pursuant to Section 4502.(b) The insurance pool shall be available only to prescribed burn managers certified pursuant to Section 4502.(c) The goal of the insurance pool shall be to accomplish all of the following:(1) Increase the use of prescribed fire.(2) Reduce the cost of insurance for certified prescribed burn managers and landowners.(3) Provide adequate liability protection for lives and property when conducting prescribed burns.4504. This article does not restrict a landowners ability to obtain a burn permit from the department or the State Air Resources Board.
Amended IN Assembly March 12, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2091Introduced by Assembly Member GraysonFebruary 07, 2018 An act to amend Sections 730, 731, and 4002 of, to add Section 742 to, and to add Article 4 (commencing with Section 4497) 4500) to Chapter 7 of Part 2 of Division 4 of of, the Public Resources Code, relating to burning of lands. fire prevention.LEGISLATIVE COUNSEL'S DIGESTAB 2091, as amended, Grayson. Prescribed Fire prevention: prescribed burns.(1) Existing law establishes in the Department of Forestry and Fire Protection the State Board of Forestry and Fire Protection consisting of 9 members appointed, selected, and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, among other things, forest management practices.This bill would rename the board to the State Board of Forestry and Fire Prevention and Protection. The bill would additionally require members to have general knowledge of, interest in, and experience with fire prevention. The bill would require at least one member to be selected with a background and understanding of fire prevention, including prescribed fire. The bill would require the board to appoint a prescribed fire advisory committee, as provided, and would require the board to consult with the advisory committee on development of training, certification, and recertification of prescribed burn managers and organizations. Existing(2) Existing law authorizes a person, firm, or corporation, or a group or combination of persons, firms, corporations, or groups, that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area to apply to the Department of Forestry and Fire Protection department for permission to utilize a prescribed burning for specified public purposes.This bill would establish the Prescribed Burning Board in the department. The bill would require the board State Board of Forestry and Fire Prevention and Protection to establish, on or before January 1, 2022, standards for prescribed burning, and establish standards for certification, recertification, and training for certified and insured prescribed burn managers, among other things. The bill would require the board to establish a schedule of fees for purposes of certifying a prescribed burn manager and would establish the Prescribed Burn Fund for deposit of those fees. The bill would authorize the board to spend the money in the fund, upon appropriation by the Legislature, for purposes of administering the certification program. The bill would provide that an owner, lessee, or occupant of specified lands is not liable for property damage or for injury or death to persons caused by or resulting from prescribed burning conducted on the land if the burn is conducted under the supervision of a certified and insured prescribed burn manager, as provided. The bill would require the department to develop and implement an insurance pool for certified prescribed burn managers, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly March 12, 2018
Amended IN Assembly March 12, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2091
Introduced by Assembly Member GraysonFebruary 07, 2018
Introduced by Assembly Member Grayson
February 07, 2018
An act to amend Sections 730, 731, and 4002 of, to add Section 742 to, and to add Article 4 (commencing with Section 4497) 4500) to Chapter 7 of Part 2 of Division 4 of of, the Public Resources Code, relating to burning of lands. fire prevention.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2091, as amended, Grayson. Prescribed Fire prevention: prescribed burns.
(1) Existing law establishes in the Department of Forestry and Fire Protection the State Board of Forestry and Fire Protection consisting of 9 members appointed, selected, and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, among other things, forest management practices.This bill would rename the board to the State Board of Forestry and Fire Prevention and Protection. The bill would additionally require members to have general knowledge of, interest in, and experience with fire prevention. The bill would require at least one member to be selected with a background and understanding of fire prevention, including prescribed fire. The bill would require the board to appoint a prescribed fire advisory committee, as provided, and would require the board to consult with the advisory committee on development of training, certification, and recertification of prescribed burn managers and organizations. Existing(2) Existing law authorizes a person, firm, or corporation, or a group or combination of persons, firms, corporations, or groups, that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area to apply to the Department of Forestry and Fire Protection department for permission to utilize a prescribed burning for specified public purposes.This bill would establish the Prescribed Burning Board in the department. The bill would require the board State Board of Forestry and Fire Prevention and Protection to establish, on or before January 1, 2022, standards for prescribed burning, and establish standards for certification, recertification, and training for certified and insured prescribed burn managers, among other things. The bill would require the board to establish a schedule of fees for purposes of certifying a prescribed burn manager and would establish the Prescribed Burn Fund for deposit of those fees. The bill would authorize the board to spend the money in the fund, upon appropriation by the Legislature, for purposes of administering the certification program. The bill would provide that an owner, lessee, or occupant of specified lands is not liable for property damage or for injury or death to persons caused by or resulting from prescribed burning conducted on the land if the burn is conducted under the supervision of a certified and insured prescribed burn manager, as provided. The bill would require the department to develop and implement an insurance pool for certified prescribed burn managers, as provided.
(1) Existing law establishes in the Department of Forestry and Fire Protection the State Board of Forestry and Fire Protection consisting of 9 members appointed, selected, and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, among other things, forest management practices.
This bill would rename the board to the State Board of Forestry and Fire Prevention and Protection. The bill would additionally require members to have general knowledge of, interest in, and experience with fire prevention. The bill would require at least one member to be selected with a background and understanding of fire prevention, including prescribed fire. The bill would require the board to appoint a prescribed fire advisory committee, as provided, and would require the board to consult with the advisory committee on development of training, certification, and recertification of prescribed burn managers and organizations.
Existing
(2) Existing law authorizes a person, firm, or corporation, or a group or combination of persons, firms, corporations, or groups, that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area to apply to the Department of Forestry and Fire Protection department for permission to utilize a prescribed burning for specified public purposes.
This bill would establish the Prescribed Burning Board in the department. The bill would require the board State Board of Forestry and Fire Prevention and Protection to establish, on or before January 1, 2022, standards for prescribed burning, and establish standards for certification, recertification, and training for certified and insured prescribed burn managers, among other things. The bill would require the board to establish a schedule of fees for purposes of certifying a prescribed burn manager and would establish the Prescribed Burn Fund for deposit of those fees. The bill would authorize the board to spend the money in the fund, upon appropriation by the Legislature, for purposes of administering the certification program. The bill would provide that an owner, lessee, or occupant of specified lands is not liable for property damage or for injury or death to persons caused by or resulting from prescribed burning conducted on the land if the burn is conducted under the supervision of a certified and insured prescribed burn manager, as provided. The bill would require the department to develop and implement an insurance pool for certified prescribed burn managers, as provided.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 730 of the Public Resources Code is amended to read:730. (a) There is in the department a State Board of Forestry and Fire Prevention and Protection consisting of nine members appointed by the Governor, subject to confirmation by the Senate.(b) (1) On and after January 1, 1998, wherever any reference is made in any law to the State Board of Forestry in the department, the reference shall be deemed to be a reference to, and to mean, the State Board of Forestry and Fire Protection.(2) On and after January 1, 2019, wherever any reference is made in any law to the State Board of Forestry and Fire Protection in the department, the reference shall be deemed to be a reference to, and to mean, the State Board of Forestry and Fire Prevention and Protection.(2)(3) No existing supplies, forms, signs, or logos shall be destroyed or changed to reflect the name change, and they shall continue to be used until exhausted or unserviceable.SEC. 2. Section 731 of the Public Resources Code is amended to read:731. All members of the board shall be appointed and shall be selected and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, problems relating to watershed management (including management, including hydrology and soil science), science, forest management practices, fish and wildlife, range management, forest economics, fire prevention, or land use planning. Five members shall be selected from the general public, three members shall be selected from the forest products industry, and one member shall be selected from the range livestock industry. At least one member shall be selected with a background and understanding of fire prevention, including prescribed fire. At no time shall a majority of the members, nor any of the members selected from the general public, be persons with a direct personal financial interest, within the meaning of Section 1120 87100 of the Government Code, in timberlands. All members of the board shall represent the general public interest.SEC. 3. Section 742 is added to the Public Resources Code, to read:742. (a) The board shall appoint a Prescribed Fire Advisory Committee and shall consult with the advisory committee on development of training, certification, and recertification of prescribed burn managers and organizations pursuant to Article 4 (commencing with Section 4500) of Chapter 7 of Part 2 of Division 4.(b) The advisory committee shall consist of 10 members, who shall be selected as follows:(1) The member of the board who has a background and understanding of fire prevention, including prescribed fire, described in Section 731.(2) The director or his or her designee.(3) A federal forest land manager.(4) A representative of a local air district.(5) Two representatives from the general public with experience conducting prescribed burns.(6) Two representatives from the University of California Cooperative Extension.(7) Two representatives from tribal communities with experience conducting prescribed burns.(c) The chair of the board shall appoint the members of the advisory committee designated in paragraphs (3) to (7), inclusive, of subdivision (b). The members shall serve at the pleasure of their respective appointing powers.(d) The members shall serve without compensation, except that each member shall be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.(e) The chair of the advisory committee shall be the person identified in paragraph (1) of subdivision (b).SEC. 4. Section 4002 of the Public Resources Code is amended to read:4002. Board means the State Board of Forestry and Fire Prevention and Protection.SECTION 1.SEC. 5. Article 4 (commencing with Section 4497) 4500) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read: Article 4. Prescribed Burns4497.For purposes of this article, the following terms have the following meanings:(a)Board means the Prescribed Burning Board.(b)Advisory board means the advisory board established by the Prescribed Burning Board.4498.(a)There is hereby established in the department the Prescribed Burning Board.(b)The board shall be composed of the following members:(1)The director, or his or her designee.(2)The director of the Department of Parks and Recreation, or his or her designee.(3)The director of the Natural Resources Agency, or his or her designee.(4)An employee from the University of California Agriculture and Natural Resources Cooperative Extension.(5)The director of the Department of Fish and Wildlife, or his or her designee.(6)The director of the Department of Food and Agriculture, or his or her designee.(7)The director of the State Air Resources Board, or his or her designee.(8)The director of the State Water Resources Control Board, or his or her designee.(9)Five public members, appointed by the director of the department, that represent the following:(A)Owners of agricultural land.(B)Persons who are self-employed or employed by a person or entity other than a governmental entity.4499.(a)The board shall establish an advisory board composed of members of the public, including individuals representing the following:(1)Property owners.(2)Agriculture, forestry, and livestock producers.(3)Conservation interests. (4)Environmental interests.(5)Insurances interests.(b)The board shall determine the number of persons and manner of selection of the advisory board.(c)The advisory board shall provide advice and guidance to the board.4500. On or before January 1, 2022, the board shall accomplish all of the following:(a) Establish standards for prescribed burning, pursuant to Section 4501.(b) Develop a comprehensive training curriculum for certified and insured prescribed burn managers and prescribed burning organizations.(c) Establish standards for certification, recertification, and training for certified and insured prescribed burn managers.(d) Establish minimum education and professional requirements for instructors for the approved curriculum.(e)Establish minimum insurance requirements for certified and insured prescribed burn managers and prescribed burning organizations.4501. Minimum prescribed burn standards established by the board pursuant to subdivision (a) of Section 4500 shall accomplish all of the following:(a) Ensure that prescribed burning is the controlled application of fire to naturally occurring or naturalized vegetative fuels under specified environmental conditions in accordance with a written prescription plan that satisfies both of the following: (1) Is designed to confine the fire to a predetermined area and to accomplish planned land management objectives.(2) Conforms to the standards established pursuant to this section.(b) Require that at least one certified and insured prescribed burn manager is present on site during the conduct of the prescribed burn and that the burn is conducted by members of a prescribed burning organization.(c) Establish appropriate guidelines for the size of burning crews sufficient to do both of the following: (1) Conduct the burn in accordance with the prescription plan.(2) Provide adequate protection for the safety of persons and adjacent property.(d) Include standards for notification to adjacent landowners, the department, and local fire authorities.(e)Include minimum insurance requirements for certified and insured prescribed burn managers and prescribed burning organizations.4502. (a) Minimum standards established by the board for certification as a certified and insured prescribed burn manager shall require the completion of the approved training curriculum to be developed and promulgated by the board and taught by an approved instructor. (b) The board shall certify a person as a certified and insured prescribed burn manager if the person meets all of the following:(1) Applies to the board for certification.(2) Completes an approved training program by an approved instructor.(3) Pays a reasonable fee to the board in an amount determined by the board pursuant to Section 4502.5.(4)Meets the insurance requirements established by the board.(c) The certification shall be for two years.(d) A person may renew certification only by completing a continuing education program established by the board.(e) The board shall maintain a register of certified and insured prescribed burn managers and dates of completion of initial and continuing training. 4502.5. (a) The board shall establish a schedule of fees for purposes of this article to be assessed on persons seeking certification as a certified and insured prescribed burn manager.(b) The fees charged, in the aggregate, shall not exceed the reasonable cost to the board of administrating the certification program.(c) All fees collected by the board shall be deposited in Prescribed Burn Fund, which is hereby created in the State Treasury. Money in the fund may be expended by the board, upon appropriation by the Legislature, for purposes of administering the certification program pursuant to this article. 4503.(a)An owner, lessee, or occupant of brush-covered land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area is not liable for property damage or for injury or death to persons caused by or resulting from prescribed burning conducted on the land owned by, leased by, or occupied by the person if the prescribed burning is conducted under the supervision of a certified and insured prescribed burn manager and by members of a prescribed burning organization.(b)The limitation on liability established in subdivision (a) does not apply to an owner, lessee, or occupant described in subdivision (a) unless the burn is conducted under the supervision of a certified and insured prescribed burn manager who has liability insurance coverage as follows:(1)In an amount of at least one million dollars ($1,000,000) for each single occurrence of bodily injury or death, or injury to or destruction of property.(2)With a policy period minimum aggregate limit of at least two million dollars ($2,000,000).4504.(a)This article does not modify a landowner's liability for property damage, personal injury, or death resulting from a burn that is not conducted as provided by this article.(b)This article does not limit a landowner's right to conduct burns on the landowner's property.4503. (a) On or before January 1, 2020, the department shall develop and implement an insurance pool for prescribed burn managers certified pursuant to Section 4502.(b) The insurance pool shall be available only to prescribed burn managers certified pursuant to Section 4502.(c) The goal of the insurance pool shall be to accomplish all of the following:(1) Increase the use of prescribed fire.(2) Reduce the cost of insurance for certified prescribed burn managers and landowners.(3) Provide adequate liability protection for lives and property when conducting prescribed burns.4504. This article does not restrict a landowners ability to obtain a burn permit from the department or the State Air Resources Board.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 730 of the Public Resources Code is amended to read:730. (a) There is in the department a State Board of Forestry and Fire Prevention and Protection consisting of nine members appointed by the Governor, subject to confirmation by the Senate.(b) (1) On and after January 1, 1998, wherever any reference is made in any law to the State Board of Forestry in the department, the reference shall be deemed to be a reference to, and to mean, the State Board of Forestry and Fire Protection.(2) On and after January 1, 2019, wherever any reference is made in any law to the State Board of Forestry and Fire Protection in the department, the reference shall be deemed to be a reference to, and to mean, the State Board of Forestry and Fire Prevention and Protection.(2)(3) No existing supplies, forms, signs, or logos shall be destroyed or changed to reflect the name change, and they shall continue to be used until exhausted or unserviceable.
SECTION 1. Section 730 of the Public Resources Code is amended to read:
### SECTION 1.
730. (a) There is in the department a State Board of Forestry and Fire Prevention and Protection consisting of nine members appointed by the Governor, subject to confirmation by the Senate.(b) (1) On and after January 1, 1998, wherever any reference is made in any law to the State Board of Forestry in the department, the reference shall be deemed to be a reference to, and to mean, the State Board of Forestry and Fire Protection.(2) On and after January 1, 2019, wherever any reference is made in any law to the State Board of Forestry and Fire Protection in the department, the reference shall be deemed to be a reference to, and to mean, the State Board of Forestry and Fire Prevention and Protection.(2)(3) No existing supplies, forms, signs, or logos shall be destroyed or changed to reflect the name change, and they shall continue to be used until exhausted or unserviceable.
730. (a) There is in the department a State Board of Forestry and Fire Prevention and Protection consisting of nine members appointed by the Governor, subject to confirmation by the Senate.(b) (1) On and after January 1, 1998, wherever any reference is made in any law to the State Board of Forestry in the department, the reference shall be deemed to be a reference to, and to mean, the State Board of Forestry and Fire Protection.(2) On and after January 1, 2019, wherever any reference is made in any law to the State Board of Forestry and Fire Protection in the department, the reference shall be deemed to be a reference to, and to mean, the State Board of Forestry and Fire Prevention and Protection.(2)(3) No existing supplies, forms, signs, or logos shall be destroyed or changed to reflect the name change, and they shall continue to be used until exhausted or unserviceable.
730. (a) There is in the department a State Board of Forestry and Fire Prevention and Protection consisting of nine members appointed by the Governor, subject to confirmation by the Senate.(b) (1) On and after January 1, 1998, wherever any reference is made in any law to the State Board of Forestry in the department, the reference shall be deemed to be a reference to, and to mean, the State Board of Forestry and Fire Protection.(2) On and after January 1, 2019, wherever any reference is made in any law to the State Board of Forestry and Fire Protection in the department, the reference shall be deemed to be a reference to, and to mean, the State Board of Forestry and Fire Prevention and Protection.(2)(3) No existing supplies, forms, signs, or logos shall be destroyed or changed to reflect the name change, and they shall continue to be used until exhausted or unserviceable.
730. (a) There is in the department a State Board of Forestry and Fire Prevention and Protection consisting of nine members appointed by the Governor, subject to confirmation by the Senate.
(b) (1) On and after January 1, 1998, wherever any reference is made in any law to the State Board of Forestry in the department, the reference shall be deemed to be a reference to, and to mean, the State Board of Forestry and Fire Protection.
(2) On and after January 1, 2019, wherever any reference is made in any law to the State Board of Forestry and Fire Protection in the department, the reference shall be deemed to be a reference to, and to mean, the State Board of Forestry and Fire Prevention and Protection.
(2)
(3) No existing supplies, forms, signs, or logos shall be destroyed or changed to reflect the name change, and they shall continue to be used until exhausted or unserviceable.
SEC. 2. Section 731 of the Public Resources Code is amended to read:731. All members of the board shall be appointed and shall be selected and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, problems relating to watershed management (including management, including hydrology and soil science), science, forest management practices, fish and wildlife, range management, forest economics, fire prevention, or land use planning. Five members shall be selected from the general public, three members shall be selected from the forest products industry, and one member shall be selected from the range livestock industry. At least one member shall be selected with a background and understanding of fire prevention, including prescribed fire. At no time shall a majority of the members, nor any of the members selected from the general public, be persons with a direct personal financial interest, within the meaning of Section 1120 87100 of the Government Code, in timberlands. All members of the board shall represent the general public interest.
SEC. 2. Section 731 of the Public Resources Code is amended to read:
### SEC. 2.
731. All members of the board shall be appointed and shall be selected and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, problems relating to watershed management (including management, including hydrology and soil science), science, forest management practices, fish and wildlife, range management, forest economics, fire prevention, or land use planning. Five members shall be selected from the general public, three members shall be selected from the forest products industry, and one member shall be selected from the range livestock industry. At least one member shall be selected with a background and understanding of fire prevention, including prescribed fire. At no time shall a majority of the members, nor any of the members selected from the general public, be persons with a direct personal financial interest, within the meaning of Section 1120 87100 of the Government Code, in timberlands. All members of the board shall represent the general public interest.
731. All members of the board shall be appointed and shall be selected and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, problems relating to watershed management (including management, including hydrology and soil science), science, forest management practices, fish and wildlife, range management, forest economics, fire prevention, or land use planning. Five members shall be selected from the general public, three members shall be selected from the forest products industry, and one member shall be selected from the range livestock industry. At least one member shall be selected with a background and understanding of fire prevention, including prescribed fire. At no time shall a majority of the members, nor any of the members selected from the general public, be persons with a direct personal financial interest, within the meaning of Section 1120 87100 of the Government Code, in timberlands. All members of the board shall represent the general public interest.
731. All members of the board shall be appointed and shall be selected and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, problems relating to watershed management (including management, including hydrology and soil science), science, forest management practices, fish and wildlife, range management, forest economics, fire prevention, or land use planning. Five members shall be selected from the general public, three members shall be selected from the forest products industry, and one member shall be selected from the range livestock industry. At least one member shall be selected with a background and understanding of fire prevention, including prescribed fire. At no time shall a majority of the members, nor any of the members selected from the general public, be persons with a direct personal financial interest, within the meaning of Section 1120 87100 of the Government Code, in timberlands. All members of the board shall represent the general public interest.
731. All members of the board shall be appointed and shall be selected and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, problems relating to watershed management (including management, including hydrology and soil science), science, forest management practices, fish and wildlife, range management, forest economics, fire prevention, or land use planning. Five members shall be selected from the general public, three members shall be selected from the forest products industry, and one member shall be selected from the range livestock industry. At least one member shall be selected with a background and understanding of fire prevention, including prescribed fire. At no time shall a majority of the members, nor any of the members selected from the general public, be persons with a direct personal financial interest, within the meaning of Section 1120 87100 of the Government Code, in timberlands. All members of the board shall represent the general public interest.
SEC. 3. Section 742 is added to the Public Resources Code, to read:742. (a) The board shall appoint a Prescribed Fire Advisory Committee and shall consult with the advisory committee on development of training, certification, and recertification of prescribed burn managers and organizations pursuant to Article 4 (commencing with Section 4500) of Chapter 7 of Part 2 of Division 4.(b) The advisory committee shall consist of 10 members, who shall be selected as follows:(1) The member of the board who has a background and understanding of fire prevention, including prescribed fire, described in Section 731.(2) The director or his or her designee.(3) A federal forest land manager.(4) A representative of a local air district.(5) Two representatives from the general public with experience conducting prescribed burns.(6) Two representatives from the University of California Cooperative Extension.(7) Two representatives from tribal communities with experience conducting prescribed burns.(c) The chair of the board shall appoint the members of the advisory committee designated in paragraphs (3) to (7), inclusive, of subdivision (b). The members shall serve at the pleasure of their respective appointing powers.(d) The members shall serve without compensation, except that each member shall be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.(e) The chair of the advisory committee shall be the person identified in paragraph (1) of subdivision (b).
SEC. 3. Section 742 is added to the Public Resources Code, to read:
### SEC. 3.
742. (a) The board shall appoint a Prescribed Fire Advisory Committee and shall consult with the advisory committee on development of training, certification, and recertification of prescribed burn managers and organizations pursuant to Article 4 (commencing with Section 4500) of Chapter 7 of Part 2 of Division 4.(b) The advisory committee shall consist of 10 members, who shall be selected as follows:(1) The member of the board who has a background and understanding of fire prevention, including prescribed fire, described in Section 731.(2) The director or his or her designee.(3) A federal forest land manager.(4) A representative of a local air district.(5) Two representatives from the general public with experience conducting prescribed burns.(6) Two representatives from the University of California Cooperative Extension.(7) Two representatives from tribal communities with experience conducting prescribed burns.(c) The chair of the board shall appoint the members of the advisory committee designated in paragraphs (3) to (7), inclusive, of subdivision (b). The members shall serve at the pleasure of their respective appointing powers.(d) The members shall serve without compensation, except that each member shall be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.(e) The chair of the advisory committee shall be the person identified in paragraph (1) of subdivision (b).
742. (a) The board shall appoint a Prescribed Fire Advisory Committee and shall consult with the advisory committee on development of training, certification, and recertification of prescribed burn managers and organizations pursuant to Article 4 (commencing with Section 4500) of Chapter 7 of Part 2 of Division 4.(b) The advisory committee shall consist of 10 members, who shall be selected as follows:(1) The member of the board who has a background and understanding of fire prevention, including prescribed fire, described in Section 731.(2) The director or his or her designee.(3) A federal forest land manager.(4) A representative of a local air district.(5) Two representatives from the general public with experience conducting prescribed burns.(6) Two representatives from the University of California Cooperative Extension.(7) Two representatives from tribal communities with experience conducting prescribed burns.(c) The chair of the board shall appoint the members of the advisory committee designated in paragraphs (3) to (7), inclusive, of subdivision (b). The members shall serve at the pleasure of their respective appointing powers.(d) The members shall serve without compensation, except that each member shall be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.(e) The chair of the advisory committee shall be the person identified in paragraph (1) of subdivision (b).
742. (a) The board shall appoint a Prescribed Fire Advisory Committee and shall consult with the advisory committee on development of training, certification, and recertification of prescribed burn managers and organizations pursuant to Article 4 (commencing with Section 4500) of Chapter 7 of Part 2 of Division 4.(b) The advisory committee shall consist of 10 members, who shall be selected as follows:(1) The member of the board who has a background and understanding of fire prevention, including prescribed fire, described in Section 731.(2) The director or his or her designee.(3) A federal forest land manager.(4) A representative of a local air district.(5) Two representatives from the general public with experience conducting prescribed burns.(6) Two representatives from the University of California Cooperative Extension.(7) Two representatives from tribal communities with experience conducting prescribed burns.(c) The chair of the board shall appoint the members of the advisory committee designated in paragraphs (3) to (7), inclusive, of subdivision (b). The members shall serve at the pleasure of their respective appointing powers.(d) The members shall serve without compensation, except that each member shall be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.(e) The chair of the advisory committee shall be the person identified in paragraph (1) of subdivision (b).
742. (a) The board shall appoint a Prescribed Fire Advisory Committee and shall consult with the advisory committee on development of training, certification, and recertification of prescribed burn managers and organizations pursuant to Article 4 (commencing with Section 4500) of Chapter 7 of Part 2 of Division 4.
(b) The advisory committee shall consist of 10 members, who shall be selected as follows:
(1) The member of the board who has a background and understanding of fire prevention, including prescribed fire, described in Section 731.
(2) The director or his or her designee.
(3) A federal forest land manager.
(4) A representative of a local air district.
(5) Two representatives from the general public with experience conducting prescribed burns.
(6) Two representatives from the University of California Cooperative Extension.
(7) Two representatives from tribal communities with experience conducting prescribed burns.
(c) The chair of the board shall appoint the members of the advisory committee designated in paragraphs (3) to (7), inclusive, of subdivision (b). The members shall serve at the pleasure of their respective appointing powers.
(d) The members shall serve without compensation, except that each member shall be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.
(e) The chair of the advisory committee shall be the person identified in paragraph (1) of subdivision (b).
SEC. 4. Section 4002 of the Public Resources Code is amended to read:4002. Board means the State Board of Forestry and Fire Prevention and Protection.
SEC. 4. Section 4002 of the Public Resources Code is amended to read:
### SEC. 4.
4002. Board means the State Board of Forestry and Fire Prevention and Protection.
4002. Board means the State Board of Forestry and Fire Prevention and Protection.
4002. Board means the State Board of Forestry and Fire Prevention and Protection.
4002. Board means the State Board of Forestry and Fire Prevention and Protection.
SECTION 1.SEC. 5. Article 4 (commencing with Section 4497) 4500) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read: Article 4. Prescribed Burns4497.For purposes of this article, the following terms have the following meanings:(a)Board means the Prescribed Burning Board.(b)Advisory board means the advisory board established by the Prescribed Burning Board.4498.(a)There is hereby established in the department the Prescribed Burning Board.(b)The board shall be composed of the following members:(1)The director, or his or her designee.(2)The director of the Department of Parks and Recreation, or his or her designee.(3)The director of the Natural Resources Agency, or his or her designee.(4)An employee from the University of California Agriculture and Natural Resources Cooperative Extension.(5)The director of the Department of Fish and Wildlife, or his or her designee.(6)The director of the Department of Food and Agriculture, or his or her designee.(7)The director of the State Air Resources Board, or his or her designee.(8)The director of the State Water Resources Control Board, or his or her designee.(9)Five public members, appointed by the director of the department, that represent the following:(A)Owners of agricultural land.(B)Persons who are self-employed or employed by a person or entity other than a governmental entity.4499.(a)The board shall establish an advisory board composed of members of the public, including individuals representing the following:(1)Property owners.(2)Agriculture, forestry, and livestock producers.(3)Conservation interests. (4)Environmental interests.(5)Insurances interests.(b)The board shall determine the number of persons and manner of selection of the advisory board.(c)The advisory board shall provide advice and guidance to the board.4500. On or before January 1, 2022, the board shall accomplish all of the following:(a) Establish standards for prescribed burning, pursuant to Section 4501.(b) Develop a comprehensive training curriculum for certified and insured prescribed burn managers and prescribed burning organizations.(c) Establish standards for certification, recertification, and training for certified and insured prescribed burn managers.(d) Establish minimum education and professional requirements for instructors for the approved curriculum.(e)Establish minimum insurance requirements for certified and insured prescribed burn managers and prescribed burning organizations.4501. Minimum prescribed burn standards established by the board pursuant to subdivision (a) of Section 4500 shall accomplish all of the following:(a) Ensure that prescribed burning is the controlled application of fire to naturally occurring or naturalized vegetative fuels under specified environmental conditions in accordance with a written prescription plan that satisfies both of the following: (1) Is designed to confine the fire to a predetermined area and to accomplish planned land management objectives.(2) Conforms to the standards established pursuant to this section.(b) Require that at least one certified and insured prescribed burn manager is present on site during the conduct of the prescribed burn and that the burn is conducted by members of a prescribed burning organization.(c) Establish appropriate guidelines for the size of burning crews sufficient to do both of the following: (1) Conduct the burn in accordance with the prescription plan.(2) Provide adequate protection for the safety of persons and adjacent property.(d) Include standards for notification to adjacent landowners, the department, and local fire authorities.(e)Include minimum insurance requirements for certified and insured prescribed burn managers and prescribed burning organizations.4502. (a) Minimum standards established by the board for certification as a certified and insured prescribed burn manager shall require the completion of the approved training curriculum to be developed and promulgated by the board and taught by an approved instructor. (b) The board shall certify a person as a certified and insured prescribed burn manager if the person meets all of the following:(1) Applies to the board for certification.(2) Completes an approved training program by an approved instructor.(3) Pays a reasonable fee to the board in an amount determined by the board pursuant to Section 4502.5.(4)Meets the insurance requirements established by the board.(c) The certification shall be for two years.(d) A person may renew certification only by completing a continuing education program established by the board.(e) The board shall maintain a register of certified and insured prescribed burn managers and dates of completion of initial and continuing training. 4502.5. (a) The board shall establish a schedule of fees for purposes of this article to be assessed on persons seeking certification as a certified and insured prescribed burn manager.(b) The fees charged, in the aggregate, shall not exceed the reasonable cost to the board of administrating the certification program.(c) All fees collected by the board shall be deposited in Prescribed Burn Fund, which is hereby created in the State Treasury. Money in the fund may be expended by the board, upon appropriation by the Legislature, for purposes of administering the certification program pursuant to this article. 4503.(a)An owner, lessee, or occupant of brush-covered land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area is not liable for property damage or for injury or death to persons caused by or resulting from prescribed burning conducted on the land owned by, leased by, or occupied by the person if the prescribed burning is conducted under the supervision of a certified and insured prescribed burn manager and by members of a prescribed burning organization.(b)The limitation on liability established in subdivision (a) does not apply to an owner, lessee, or occupant described in subdivision (a) unless the burn is conducted under the supervision of a certified and insured prescribed burn manager who has liability insurance coverage as follows:(1)In an amount of at least one million dollars ($1,000,000) for each single occurrence of bodily injury or death, or injury to or destruction of property.(2)With a policy period minimum aggregate limit of at least two million dollars ($2,000,000).4504.(a)This article does not modify a landowner's liability for property damage, personal injury, or death resulting from a burn that is not conducted as provided by this article.(b)This article does not limit a landowner's right to conduct burns on the landowner's property.4503. (a) On or before January 1, 2020, the department shall develop and implement an insurance pool for prescribed burn managers certified pursuant to Section 4502.(b) The insurance pool shall be available only to prescribed burn managers certified pursuant to Section 4502.(c) The goal of the insurance pool shall be to accomplish all of the following:(1) Increase the use of prescribed fire.(2) Reduce the cost of insurance for certified prescribed burn managers and landowners.(3) Provide adequate liability protection for lives and property when conducting prescribed burns.4504. This article does not restrict a landowners ability to obtain a burn permit from the department or the State Air Resources Board.
SECTION 1.SEC. 5. Article 4 (commencing with Section 4497) 4500) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read:
### SECTION 1.SEC. 5.
Article 4. Prescribed Burns4497.For purposes of this article, the following terms have the following meanings:(a)Board means the Prescribed Burning Board.(b)Advisory board means the advisory board established by the Prescribed Burning Board.4498.(a)There is hereby established in the department the Prescribed Burning Board.(b)The board shall be composed of the following members:(1)The director, or his or her designee.(2)The director of the Department of Parks and Recreation, or his or her designee.(3)The director of the Natural Resources Agency, or his or her designee.(4)An employee from the University of California Agriculture and Natural Resources Cooperative Extension.(5)The director of the Department of Fish and Wildlife, or his or her designee.(6)The director of the Department of Food and Agriculture, or his or her designee.(7)The director of the State Air Resources Board, or his or her designee.(8)The director of the State Water Resources Control Board, or his or her designee.(9)Five public members, appointed by the director of the department, that represent the following:(A)Owners of agricultural land.(B)Persons who are self-employed or employed by a person or entity other than a governmental entity.4499.(a)The board shall establish an advisory board composed of members of the public, including individuals representing the following:(1)Property owners.(2)Agriculture, forestry, and livestock producers.(3)Conservation interests. (4)Environmental interests.(5)Insurances interests.(b)The board shall determine the number of persons and manner of selection of the advisory board.(c)The advisory board shall provide advice and guidance to the board.4500. On or before January 1, 2022, the board shall accomplish all of the following:(a) Establish standards for prescribed burning, pursuant to Section 4501.(b) Develop a comprehensive training curriculum for certified and insured prescribed burn managers and prescribed burning organizations.(c) Establish standards for certification, recertification, and training for certified and insured prescribed burn managers.(d) Establish minimum education and professional requirements for instructors for the approved curriculum.(e)Establish minimum insurance requirements for certified and insured prescribed burn managers and prescribed burning organizations.4501. Minimum prescribed burn standards established by the board pursuant to subdivision (a) of Section 4500 shall accomplish all of the following:(a) Ensure that prescribed burning is the controlled application of fire to naturally occurring or naturalized vegetative fuels under specified environmental conditions in accordance with a written prescription plan that satisfies both of the following: (1) Is designed to confine the fire to a predetermined area and to accomplish planned land management objectives.(2) Conforms to the standards established pursuant to this section.(b) Require that at least one certified and insured prescribed burn manager is present on site during the conduct of the prescribed burn and that the burn is conducted by members of a prescribed burning organization.(c) Establish appropriate guidelines for the size of burning crews sufficient to do both of the following: (1) Conduct the burn in accordance with the prescription plan.(2) Provide adequate protection for the safety of persons and adjacent property.(d) Include standards for notification to adjacent landowners, the department, and local fire authorities.(e)Include minimum insurance requirements for certified and insured prescribed burn managers and prescribed burning organizations.4502. (a) Minimum standards established by the board for certification as a certified and insured prescribed burn manager shall require the completion of the approved training curriculum to be developed and promulgated by the board and taught by an approved instructor. (b) The board shall certify a person as a certified and insured prescribed burn manager if the person meets all of the following:(1) Applies to the board for certification.(2) Completes an approved training program by an approved instructor.(3) Pays a reasonable fee to the board in an amount determined by the board pursuant to Section 4502.5.(4)Meets the insurance requirements established by the board.(c) The certification shall be for two years.(d) A person may renew certification only by completing a continuing education program established by the board.(e) The board shall maintain a register of certified and insured prescribed burn managers and dates of completion of initial and continuing training. 4502.5. (a) The board shall establish a schedule of fees for purposes of this article to be assessed on persons seeking certification as a certified and insured prescribed burn manager.(b) The fees charged, in the aggregate, shall not exceed the reasonable cost to the board of administrating the certification program.(c) All fees collected by the board shall be deposited in Prescribed Burn Fund, which is hereby created in the State Treasury. Money in the fund may be expended by the board, upon appropriation by the Legislature, for purposes of administering the certification program pursuant to this article. 4503.(a)An owner, lessee, or occupant of brush-covered land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area is not liable for property damage or for injury or death to persons caused by or resulting from prescribed burning conducted on the land owned by, leased by, or occupied by the person if the prescribed burning is conducted under the supervision of a certified and insured prescribed burn manager and by members of a prescribed burning organization.(b)The limitation on liability established in subdivision (a) does not apply to an owner, lessee, or occupant described in subdivision (a) unless the burn is conducted under the supervision of a certified and insured prescribed burn manager who has liability insurance coverage as follows:(1)In an amount of at least one million dollars ($1,000,000) for each single occurrence of bodily injury or death, or injury to or destruction of property.(2)With a policy period minimum aggregate limit of at least two million dollars ($2,000,000).4504.(a)This article does not modify a landowner's liability for property damage, personal injury, or death resulting from a burn that is not conducted as provided by this article.(b)This article does not limit a landowner's right to conduct burns on the landowner's property.4503. (a) On or before January 1, 2020, the department shall develop and implement an insurance pool for prescribed burn managers certified pursuant to Section 4502.(b) The insurance pool shall be available only to prescribed burn managers certified pursuant to Section 4502.(c) The goal of the insurance pool shall be to accomplish all of the following:(1) Increase the use of prescribed fire.(2) Reduce the cost of insurance for certified prescribed burn managers and landowners.(3) Provide adequate liability protection for lives and property when conducting prescribed burns.4504. This article does not restrict a landowners ability to obtain a burn permit from the department or the State Air Resources Board.
Article 4. Prescribed Burns4497.For purposes of this article, the following terms have the following meanings:(a)Board means the Prescribed Burning Board.(b)Advisory board means the advisory board established by the Prescribed Burning Board.4498.(a)There is hereby established in the department the Prescribed Burning Board.(b)The board shall be composed of the following members:(1)The director, or his or her designee.(2)The director of the Department of Parks and Recreation, or his or her designee.(3)The director of the Natural Resources Agency, or his or her designee.(4)An employee from the University of California Agriculture and Natural Resources Cooperative Extension.(5)The director of the Department of Fish and Wildlife, or his or her designee.(6)The director of the Department of Food and Agriculture, or his or her designee.(7)The director of the State Air Resources Board, or his or her designee.(8)The director of the State Water Resources Control Board, or his or her designee.(9)Five public members, appointed by the director of the department, that represent the following:(A)Owners of agricultural land.(B)Persons who are self-employed or employed by a person or entity other than a governmental entity.4499.(a)The board shall establish an advisory board composed of members of the public, including individuals representing the following:(1)Property owners.(2)Agriculture, forestry, and livestock producers.(3)Conservation interests. (4)Environmental interests.(5)Insurances interests.(b)The board shall determine the number of persons and manner of selection of the advisory board.(c)The advisory board shall provide advice and guidance to the board.4500. On or before January 1, 2022, the board shall accomplish all of the following:(a) Establish standards for prescribed burning, pursuant to Section 4501.(b) Develop a comprehensive training curriculum for certified and insured prescribed burn managers and prescribed burning organizations.(c) Establish standards for certification, recertification, and training for certified and insured prescribed burn managers.(d) Establish minimum education and professional requirements for instructors for the approved curriculum.(e)Establish minimum insurance requirements for certified and insured prescribed burn managers and prescribed burning organizations.4501. Minimum prescribed burn standards established by the board pursuant to subdivision (a) of Section 4500 shall accomplish all of the following:(a) Ensure that prescribed burning is the controlled application of fire to naturally occurring or naturalized vegetative fuels under specified environmental conditions in accordance with a written prescription plan that satisfies both of the following: (1) Is designed to confine the fire to a predetermined area and to accomplish planned land management objectives.(2) Conforms to the standards established pursuant to this section.(b) Require that at least one certified and insured prescribed burn manager is present on site during the conduct of the prescribed burn and that the burn is conducted by members of a prescribed burning organization.(c) Establish appropriate guidelines for the size of burning crews sufficient to do both of the following: (1) Conduct the burn in accordance with the prescription plan.(2) Provide adequate protection for the safety of persons and adjacent property.(d) Include standards for notification to adjacent landowners, the department, and local fire authorities.(e)Include minimum insurance requirements for certified and insured prescribed burn managers and prescribed burning organizations.4502. (a) Minimum standards established by the board for certification as a certified and insured prescribed burn manager shall require the completion of the approved training curriculum to be developed and promulgated by the board and taught by an approved instructor. (b) The board shall certify a person as a certified and insured prescribed burn manager if the person meets all of the following:(1) Applies to the board for certification.(2) Completes an approved training program by an approved instructor.(3) Pays a reasonable fee to the board in an amount determined by the board pursuant to Section 4502.5.(4)Meets the insurance requirements established by the board.(c) The certification shall be for two years.(d) A person may renew certification only by completing a continuing education program established by the board.(e) The board shall maintain a register of certified and insured prescribed burn managers and dates of completion of initial and continuing training. 4502.5. (a) The board shall establish a schedule of fees for purposes of this article to be assessed on persons seeking certification as a certified and insured prescribed burn manager.(b) The fees charged, in the aggregate, shall not exceed the reasonable cost to the board of administrating the certification program.(c) All fees collected by the board shall be deposited in Prescribed Burn Fund, which is hereby created in the State Treasury. Money in the fund may be expended by the board, upon appropriation by the Legislature, for purposes of administering the certification program pursuant to this article. 4503.(a)An owner, lessee, or occupant of brush-covered land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area is not liable for property damage or for injury or death to persons caused by or resulting from prescribed burning conducted on the land owned by, leased by, or occupied by the person if the prescribed burning is conducted under the supervision of a certified and insured prescribed burn manager and by members of a prescribed burning organization.(b)The limitation on liability established in subdivision (a) does not apply to an owner, lessee, or occupant described in subdivision (a) unless the burn is conducted under the supervision of a certified and insured prescribed burn manager who has liability insurance coverage as follows:(1)In an amount of at least one million dollars ($1,000,000) for each single occurrence of bodily injury or death, or injury to or destruction of property.(2)With a policy period minimum aggregate limit of at least two million dollars ($2,000,000).4504.(a)This article does not modify a landowner's liability for property damage, personal injury, or death resulting from a burn that is not conducted as provided by this article.(b)This article does not limit a landowner's right to conduct burns on the landowner's property.4503. (a) On or before January 1, 2020, the department shall develop and implement an insurance pool for prescribed burn managers certified pursuant to Section 4502.(b) The insurance pool shall be available only to prescribed burn managers certified pursuant to Section 4502.(c) The goal of the insurance pool shall be to accomplish all of the following:(1) Increase the use of prescribed fire.(2) Reduce the cost of insurance for certified prescribed burn managers and landowners.(3) Provide adequate liability protection for lives and property when conducting prescribed burns.4504. This article does not restrict a landowners ability to obtain a burn permit from the department or the State Air Resources Board.
Article 4. Prescribed Burns
Article 4. Prescribed Burns
For purposes of this article, the following terms have the following meanings:
(a)Board means the Prescribed Burning Board.
(b)Advisory board means the advisory board established by the Prescribed Burning Board.
(a)There is hereby established in the department the Prescribed Burning Board.
(b)The board shall be composed of the following members:
(1)The director, or his or her designee.
(2)The director of the Department of Parks and Recreation, or his or her designee.
(3)The director of the Natural Resources Agency, or his or her designee.
(4)An employee from the University of California Agriculture and Natural Resources Cooperative Extension.
(5)The director of the Department of Fish and Wildlife, or his or her designee.
(6)The director of the Department of Food and Agriculture, or his or her designee.
(7)The director of the State Air Resources Board, or his or her designee.
(8)The director of the State Water Resources Control Board, or his or her designee.
(9)Five public members, appointed by the director of the department, that represent the following:
(A)Owners of agricultural land.
(B)Persons who are self-employed or employed by a person or entity other than a governmental entity.
(a)The board shall establish an advisory board composed of members of the public, including individuals representing the following:
(1)Property owners.
(2)Agriculture, forestry, and livestock producers.
(3)Conservation interests.
(4)Environmental interests.
(5)Insurances interests.
(b)The board shall determine the number of persons and manner of selection of the advisory board.
(c)The advisory board shall provide advice and guidance to the board.
4500. On or before January 1, 2022, the board shall accomplish all of the following:(a) Establish standards for prescribed burning, pursuant to Section 4501.(b) Develop a comprehensive training curriculum for certified and insured prescribed burn managers and prescribed burning organizations.(c) Establish standards for certification, recertification, and training for certified and insured prescribed burn managers.(d) Establish minimum education and professional requirements for instructors for the approved curriculum.(e)Establish minimum insurance requirements for certified and insured prescribed burn managers and prescribed burning organizations.
4500. On or before January 1, 2022, the board shall accomplish all of the following:
(a) Establish standards for prescribed burning, pursuant to Section 4501.
(b) Develop a comprehensive training curriculum for certified and insured prescribed burn managers and prescribed burning organizations.
(c) Establish standards for certification, recertification, and training for certified and insured prescribed burn managers.
(d) Establish minimum education and professional requirements for instructors for the approved curriculum.
(e)Establish minimum insurance requirements for certified and insured prescribed burn managers and prescribed burning organizations.
4501. Minimum prescribed burn standards established by the board pursuant to subdivision (a) of Section 4500 shall accomplish all of the following:(a) Ensure that prescribed burning is the controlled application of fire to naturally occurring or naturalized vegetative fuels under specified environmental conditions in accordance with a written prescription plan that satisfies both of the following: (1) Is designed to confine the fire to a predetermined area and to accomplish planned land management objectives.(2) Conforms to the standards established pursuant to this section.(b) Require that at least one certified and insured prescribed burn manager is present on site during the conduct of the prescribed burn and that the burn is conducted by members of a prescribed burning organization.(c) Establish appropriate guidelines for the size of burning crews sufficient to do both of the following: (1) Conduct the burn in accordance with the prescription plan.(2) Provide adequate protection for the safety of persons and adjacent property.(d) Include standards for notification to adjacent landowners, the department, and local fire authorities.(e)Include minimum insurance requirements for certified and insured prescribed burn managers and prescribed burning organizations.
4501. Minimum prescribed burn standards established by the board pursuant to subdivision (a) of Section 4500 shall accomplish all of the following:
(a) Ensure that prescribed burning is the controlled application of fire to naturally occurring or naturalized vegetative fuels under specified environmental conditions in accordance with a written prescription plan that satisfies both of the following:
(1) Is designed to confine the fire to a predetermined area and to accomplish planned land management objectives.
(2) Conforms to the standards established pursuant to this section.
(b) Require that at least one certified and insured prescribed burn manager is present on site during the conduct of the prescribed burn and that the burn is conducted by members of a prescribed burning organization.
(c) Establish appropriate guidelines for the size of burning crews sufficient to do both of the following:
(1) Conduct the burn in accordance with the prescription plan.
(2) Provide adequate protection for the safety of persons and adjacent property.
(d) Include standards for notification to adjacent landowners, the department, and local fire authorities.
(e)Include minimum insurance requirements for certified and insured prescribed burn managers and prescribed burning organizations.
4502. (a) Minimum standards established by the board for certification as a certified and insured prescribed burn manager shall require the completion of the approved training curriculum to be developed and promulgated by the board and taught by an approved instructor. (b) The board shall certify a person as a certified and insured prescribed burn manager if the person meets all of the following:(1) Applies to the board for certification.(2) Completes an approved training program by an approved instructor.(3) Pays a reasonable fee to the board in an amount determined by the board pursuant to Section 4502.5.(4)Meets the insurance requirements established by the board.(c) The certification shall be for two years.(d) A person may renew certification only by completing a continuing education program established by the board.(e) The board shall maintain a register of certified and insured prescribed burn managers and dates of completion of initial and continuing training.
4502. (a) Minimum standards established by the board for certification as a certified and insured prescribed burn manager shall require the completion of the approved training curriculum to be developed and promulgated by the board and taught by an approved instructor.
(b) The board shall certify a person as a certified and insured prescribed burn manager if the person meets all of the following:
(1) Applies to the board for certification.
(2) Completes an approved training program by an approved instructor.
(3) Pays a reasonable fee to the board in an amount determined by the board pursuant to Section 4502.5.
(4)Meets the insurance requirements established by the board.
(c) The certification shall be for two years.
(d) A person may renew certification only by completing a continuing education program established by the board.
(e) The board shall maintain a register of certified and insured prescribed burn managers and dates of completion of initial and continuing training.
4502.5. (a) The board shall establish a schedule of fees for purposes of this article to be assessed on persons seeking certification as a certified and insured prescribed burn manager.(b) The fees charged, in the aggregate, shall not exceed the reasonable cost to the board of administrating the certification program.(c) All fees collected by the board shall be deposited in Prescribed Burn Fund, which is hereby created in the State Treasury. Money in the fund may be expended by the board, upon appropriation by the Legislature, for purposes of administering the certification program pursuant to this article.
4502.5. (a) The board shall establish a schedule of fees for purposes of this article to be assessed on persons seeking certification as a certified and insured prescribed burn manager.
(b) The fees charged, in the aggregate, shall not exceed the reasonable cost to the board of administrating the certification program.
(c) All fees collected by the board shall be deposited in Prescribed Burn Fund, which is hereby created in the State Treasury. Money in the fund may be expended by the board, upon appropriation by the Legislature, for purposes of administering the certification program pursuant to this article.
(a)An owner, lessee, or occupant of brush-covered land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area is not liable for property damage or for injury or death to persons caused by or resulting from prescribed burning conducted on the land owned by, leased by, or occupied by the person if the prescribed burning is conducted under the supervision of a certified and insured prescribed burn manager and by members of a prescribed burning organization.
(b)The limitation on liability established in subdivision (a) does not apply to an owner, lessee, or occupant described in subdivision (a) unless the burn is conducted under the supervision of a certified and insured prescribed burn manager who has liability insurance coverage as follows:
(1)In an amount of at least one million dollars ($1,000,000) for each single occurrence of bodily injury or death, or injury to or destruction of property.
(2)With a policy period minimum aggregate limit of at least two million dollars ($2,000,000).
(a)This article does not modify a landowner's liability for property damage, personal injury, or death resulting from a burn that is not conducted as provided by this article.
(b)This article does not limit a landowner's right to conduct burns on the landowner's property.
4503. (a) On or before January 1, 2020, the department shall develop and implement an insurance pool for prescribed burn managers certified pursuant to Section 4502.(b) The insurance pool shall be available only to prescribed burn managers certified pursuant to Section 4502.(c) The goal of the insurance pool shall be to accomplish all of the following:(1) Increase the use of prescribed fire.(2) Reduce the cost of insurance for certified prescribed burn managers and landowners.(3) Provide adequate liability protection for lives and property when conducting prescribed burns.
4503. (a) On or before January 1, 2020, the department shall develop and implement an insurance pool for prescribed burn managers certified pursuant to Section 4502.
(b) The insurance pool shall be available only to prescribed burn managers certified pursuant to Section 4502.
(c) The goal of the insurance pool shall be to accomplish all of the following:
(1) Increase the use of prescribed fire.
(2) Reduce the cost of insurance for certified prescribed burn managers and landowners.
(3) Provide adequate liability protection for lives and property when conducting prescribed burns.
4504. This article does not restrict a landowners ability to obtain a burn permit from the department or the State Air Resources Board.
4504. This article does not restrict a landowners ability to obtain a burn permit from the department or the State Air Resources Board.