California 2017 2017-2018 Regular Session

California Assembly Bill AB2091 Amended / Bill

Filed 08/24/2018

                    Amended IN  Senate  August 24, 2018 Amended IN  Senate  August 21, 2018 Amended IN  Senate  July 03, 2018 Amended IN  Assembly  May 25, 2018 Amended IN  Assembly  April 16, 2018 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 Section 4002 of, and to add Article 4 (commencing with Section 4500) to Chapter 7 of Part 2 of Division 4 of, of the Public Resources Code, relating to fire prevention.LEGISLATIVE COUNSEL'S DIGESTAB 2091, as amended, Grayson. Fire prevention: prescribed burns: insurance pool.(1)Existing law establishes in the Department of Forestry and Fire Protection the State Board of Forestry and Fire Protection consisting of specified members who are 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 the State Board of Forestry and Fire Prevention and Protection.(2)Existing 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 Department of Forestry and Fire Protection for permission to utilize a prescribed burning for specified public purposes. The Governor has issued an executive order relating to, among other subjects, the streamlining of permitting for landowner-initiated projects for the improvement of forest health and the reduction of forest-fire fuels on their properties. Pursuant to this executive order, a Forest Management Task Force involving specified state agencies has been convened.This bill would require the department, in consultation with the Department of Insurance, on or before January 1, 2020, and until January 1, 2025, if sufficient funding is made available to the department for that purpose, to develop and implement an insurance pool for prescribed burn managers with certification determined adequate by the department and for specified land owners, as provided. The bill would require the department to impose a minimum insurance requirement or a cost-share provision, or both, on a participating certified prescribed burn manager or landowner as a precondition for access to the insurance pool. express the intent of the Legislature to enact legislation to increase the pace and scale of the use of prescribed fire and to reduce barriers for conducting prescribed burns. The bill would require the Forest Management Task Force or its successor entity, on or before January 1, 2020, and in coordination with the Department of Insurance, to develop recommendations for the implementation of an insurance pool or other mechanism for prescribed burn managers that reduces the cost of conducting prescribed fire while maintaining adequate liability protection for lives and property when conducting prescribed burns.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 4002 of the Public Resources Code is amended to read:4002.Board means the State Board of Forestry and Fire Prevention and Protection.SEC. 2.SECTION 1. Article 4 (commencing with Section 4500) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read: Article 4. Prescribed Burn Insurance Pool4500.(a)On or before January 1, 2020, and until January 1, 2025, the department, in consultation with the Department of Insurance, shall develop and implement an insurance pool for prescribed burn managers with certification determined adequate by the department.(b)The insurance pool shall be available only to prescribed burn managers certified by the department and to landowners who have a contractual relationship with a certified prescribed burn manager.(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.(d)The development and implementation of an insurance pool mandated by this section shall only be required if sufficient funding is made available to the department for that purpose.(e)The department shall impose a minimum insurance requirement or a cost-share provision, or both, on a participating certified prescribed burn manager or landowner as a precondition for access to the insurance pool.4501.This article does not restrict a landowners ability to obtain a burn permit from the department, local air quality management and air pollution control districts, or the State Air Resources Board.4500. (a) It is the intent of the Legislature to enact legislation to increase the pace and scale of the use of prescribed fire and to reduce barriers for conducting prescribed burns.(b) On or before January 1, 2020, the Forest Management Task Force or its successor entity, in coordination with the Department of Insurance, shall develop recommendations for the implementation of an insurance pool or other mechanism for prescribed burn managers that reduces the cost of conducting prescribed fire while maintaining adequate liability protection for lives and property when conducting prescribed burns.

 Amended IN  Senate  August 24, 2018 Amended IN  Senate  August 21, 2018 Amended IN  Senate  July 03, 2018 Amended IN  Assembly  May 25, 2018 Amended IN  Assembly  April 16, 2018 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 Section 4002 of, and to add Article 4 (commencing with Section 4500) to Chapter 7 of Part 2 of Division 4 of, of the Public Resources Code, relating to fire prevention.LEGISLATIVE COUNSEL'S DIGESTAB 2091, as amended, Grayson. Fire prevention: prescribed burns: insurance pool.(1)Existing law establishes in the Department of Forestry and Fire Protection the State Board of Forestry and Fire Protection consisting of specified members who are 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 the State Board of Forestry and Fire Prevention and Protection.(2)Existing 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 Department of Forestry and Fire Protection for permission to utilize a prescribed burning for specified public purposes. The Governor has issued an executive order relating to, among other subjects, the streamlining of permitting for landowner-initiated projects for the improvement of forest health and the reduction of forest-fire fuels on their properties. Pursuant to this executive order, a Forest Management Task Force involving specified state agencies has been convened.This bill would require the department, in consultation with the Department of Insurance, on or before January 1, 2020, and until January 1, 2025, if sufficient funding is made available to the department for that purpose, to develop and implement an insurance pool for prescribed burn managers with certification determined adequate by the department and for specified land owners, as provided. The bill would require the department to impose a minimum insurance requirement or a cost-share provision, or both, on a participating certified prescribed burn manager or landowner as a precondition for access to the insurance pool. express the intent of the Legislature to enact legislation to increase the pace and scale of the use of prescribed fire and to reduce barriers for conducting prescribed burns. The bill would require the Forest Management Task Force or its successor entity, on or before January 1, 2020, and in coordination with the Department of Insurance, to develop recommendations for the implementation of an insurance pool or other mechanism for prescribed burn managers that reduces the cost of conducting prescribed fire while maintaining adequate liability protection for lives and property when conducting prescribed burns.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  August 24, 2018 Amended IN  Senate  August 21, 2018 Amended IN  Senate  July 03, 2018 Amended IN  Assembly  May 25, 2018 Amended IN  Assembly  April 16, 2018 Amended IN  Assembly  March 12, 2018

Amended IN  Senate  August 24, 2018
Amended IN  Senate  August 21, 2018
Amended IN  Senate  July 03, 2018
Amended IN  Assembly  May 25, 2018
Amended IN  Assembly  April 16, 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 Section 4002 of, and to add Article 4 (commencing with Section 4500) to Chapter 7 of Part 2 of Division 4 of, of the Public Resources Code, relating to fire prevention.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2091, as amended, Grayson. Fire prevention: prescribed burns: insurance pool.

(1)Existing law establishes in the Department of Forestry and Fire Protection the State Board of Forestry and Fire Protection consisting of specified members who are 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 the State Board of Forestry and Fire Prevention and Protection.(2)Existing 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 Department of Forestry and Fire Protection for permission to utilize a prescribed burning for specified public purposes. The Governor has issued an executive order relating to, among other subjects, the streamlining of permitting for landowner-initiated projects for the improvement of forest health and the reduction of forest-fire fuels on their properties. Pursuant to this executive order, a Forest Management Task Force involving specified state agencies has been convened.This bill would require the department, in consultation with the Department of Insurance, on or before January 1, 2020, and until January 1, 2025, if sufficient funding is made available to the department for that purpose, to develop and implement an insurance pool for prescribed burn managers with certification determined adequate by the department and for specified land owners, as provided. The bill would require the department to impose a minimum insurance requirement or a cost-share provision, or both, on a participating certified prescribed burn manager or landowner as a precondition for access to the insurance pool. express the intent of the Legislature to enact legislation to increase the pace and scale of the use of prescribed fire and to reduce barriers for conducting prescribed burns. The bill would require the Forest Management Task Force or its successor entity, on or before January 1, 2020, and in coordination with the Department of Insurance, to develop recommendations for the implementation of an insurance pool or other mechanism for prescribed burn managers that reduces the cost of conducting prescribed fire while maintaining adequate liability protection for lives and property when conducting prescribed burns.

(1)Existing law establishes in the Department of Forestry and Fire Protection the State Board of Forestry and Fire Protection consisting of specified members who are 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 the State Board of Forestry and Fire Prevention and Protection.



(2)Existing



 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 Department of Forestry and Fire Protection for permission to utilize a prescribed burning for specified public purposes. The Governor has issued an executive order relating to, among other subjects, the streamlining of permitting for landowner-initiated projects for the improvement of forest health and the reduction of forest-fire fuels on their properties. Pursuant to this executive order, a Forest Management Task Force involving specified state agencies has been convened.

This bill would require the department, in consultation with the Department of Insurance, on or before January 1, 2020, and until January 1, 2025, if sufficient funding is made available to the department for that purpose, to develop and implement an insurance pool for prescribed burn managers with certification determined adequate by the department and for specified land owners, as provided. The bill would require the department to impose a minimum insurance requirement or a cost-share provision, or both, on a participating certified prescribed burn manager or landowner as a precondition for access to the insurance pool. express the intent of the Legislature to enact legislation to increase the pace and scale of the use of prescribed fire and to reduce barriers for conducting prescribed burns. The bill would require the Forest Management Task Force or its successor entity, on or before January 1, 2020, and in coordination with the Department of Insurance, to develop recommendations for the implementation of an insurance pool or other mechanism for prescribed burn managers that reduces the cost of conducting prescribed fire while maintaining adequate liability protection for lives and property when conducting prescribed burns.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1.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. 2.SECTION 1. Article 4 (commencing with Section 4500) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read: Article 4. Prescribed Burn Insurance Pool4500.(a)On or before January 1, 2020, and until January 1, 2025, the department, in consultation with the Department of Insurance, shall develop and implement an insurance pool for prescribed burn managers with certification determined adequate by the department.(b)The insurance pool shall be available only to prescribed burn managers certified by the department and to landowners who have a contractual relationship with a certified prescribed burn manager.(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.(d)The development and implementation of an insurance pool mandated by this section shall only be required if sufficient funding is made available to the department for that purpose.(e)The department shall impose a minimum insurance requirement or a cost-share provision, or both, on a participating certified prescribed burn manager or landowner as a precondition for access to the insurance pool.4501.This article does not restrict a landowners ability to obtain a burn permit from the department, local air quality management and air pollution control districts, or the State Air Resources Board.4500. (a) It is the intent of the Legislature to enact legislation to increase the pace and scale of the use of prescribed fire and to reduce barriers for conducting prescribed burns.(b) On or before January 1, 2020, the Forest Management Task Force or its successor entity, in coordination with the Department of Insurance, shall develop recommendations for the implementation of an insurance pool or other mechanism for prescribed burn managers that reduces the cost of conducting prescribed fire while maintaining adequate liability protection for lives and property when conducting prescribed burns.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:





Board means the State Board of Forestry and Fire Prevention and Protection.



SEC. 2.SECTION 1. Article 4 (commencing with Section 4500) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read: Article 4. Prescribed Burn Insurance Pool4500.(a)On or before January 1, 2020, and until January 1, 2025, the department, in consultation with the Department of Insurance, shall develop and implement an insurance pool for prescribed burn managers with certification determined adequate by the department.(b)The insurance pool shall be available only to prescribed burn managers certified by the department and to landowners who have a contractual relationship with a certified prescribed burn manager.(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.(d)The development and implementation of an insurance pool mandated by this section shall only be required if sufficient funding is made available to the department for that purpose.(e)The department shall impose a minimum insurance requirement or a cost-share provision, or both, on a participating certified prescribed burn manager or landowner as a precondition for access to the insurance pool.4501.This article does not restrict a landowners ability to obtain a burn permit from the department, local air quality management and air pollution control districts, or the State Air Resources Board.4500. (a) It is the intent of the Legislature to enact legislation to increase the pace and scale of the use of prescribed fire and to reduce barriers for conducting prescribed burns.(b) On or before January 1, 2020, the Forest Management Task Force or its successor entity, in coordination with the Department of Insurance, shall develop recommendations for the implementation of an insurance pool or other mechanism for prescribed burn managers that reduces the cost of conducting prescribed fire while maintaining adequate liability protection for lives and property when conducting prescribed burns.

SEC. 2.SECTION 1. Article 4 (commencing with Section 4500) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read:

### SEC. 2.SECTION 1.

 Article 4. Prescribed Burn Insurance Pool4500.(a)On or before January 1, 2020, and until January 1, 2025, the department, in consultation with the Department of Insurance, shall develop and implement an insurance pool for prescribed burn managers with certification determined adequate by the department.(b)The insurance pool shall be available only to prescribed burn managers certified by the department and to landowners who have a contractual relationship with a certified prescribed burn manager.(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.(d)The development and implementation of an insurance pool mandated by this section shall only be required if sufficient funding is made available to the department for that purpose.(e)The department shall impose a minimum insurance requirement or a cost-share provision, or both, on a participating certified prescribed burn manager or landowner as a precondition for access to the insurance pool.4501.This article does not restrict a landowners ability to obtain a burn permit from the department, local air quality management and air pollution control districts, or the State Air Resources Board.4500. (a) It is the intent of the Legislature to enact legislation to increase the pace and scale of the use of prescribed fire and to reduce barriers for conducting prescribed burns.(b) On or before January 1, 2020, the Forest Management Task Force or its successor entity, in coordination with the Department of Insurance, shall develop recommendations for the implementation of an insurance pool or other mechanism for prescribed burn managers that reduces the cost of conducting prescribed fire while maintaining adequate liability protection for lives and property when conducting prescribed burns.

 Article 4. Prescribed Burn Insurance Pool4500.(a)On or before January 1, 2020, and until January 1, 2025, the department, in consultation with the Department of Insurance, shall develop and implement an insurance pool for prescribed burn managers with certification determined adequate by the department.(b)The insurance pool shall be available only to prescribed burn managers certified by the department and to landowners who have a contractual relationship with a certified prescribed burn manager.(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.(d)The development and implementation of an insurance pool mandated by this section shall only be required if sufficient funding is made available to the department for that purpose.(e)The department shall impose a minimum insurance requirement or a cost-share provision, or both, on a participating certified prescribed burn manager or landowner as a precondition for access to the insurance pool.4501.This article does not restrict a landowners ability to obtain a burn permit from the department, local air quality management and air pollution control districts, or the State Air Resources Board.4500. (a) It is the intent of the Legislature to enact legislation to increase the pace and scale of the use of prescribed fire and to reduce barriers for conducting prescribed burns.(b) On or before January 1, 2020, the Forest Management Task Force or its successor entity, in coordination with the Department of Insurance, shall develop recommendations for the implementation of an insurance pool or other mechanism for prescribed burn managers that reduces the cost of conducting prescribed fire while maintaining adequate liability protection for lives and property when conducting prescribed burns.

 Article 4. Prescribed Burn Insurance Pool

 Article 4. Prescribed Burn Insurance Pool



(a)On or before January 1, 2020, and until January 1, 2025, the department, in consultation with the Department of Insurance, shall develop and implement an insurance pool for prescribed burn managers with certification determined adequate by the department.



(b)The insurance pool shall be available only to prescribed burn managers certified by the department and to landowners who have a contractual relationship with a certified prescribed burn manager.



(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.



(d)The development and implementation of an insurance pool mandated by this section shall only be required if sufficient funding is made available to the department for that purpose.



(e)The department shall impose a minimum insurance requirement or a cost-share provision, or both, on a participating certified prescribed burn manager or landowner as a precondition for access to the insurance pool.





This article does not restrict a landowners ability to obtain a burn permit from the department, local air quality management and air pollution control districts, or the State Air Resources Board.



4500. (a) It is the intent of the Legislature to enact legislation to increase the pace and scale of the use of prescribed fire and to reduce barriers for conducting prescribed burns.(b) On or before January 1, 2020, the Forest Management Task Force or its successor entity, in coordination with the Department of Insurance, shall develop recommendations for the implementation of an insurance pool or other mechanism for prescribed burn managers that reduces the cost of conducting prescribed fire while maintaining adequate liability protection for lives and property when conducting prescribed burns.



4500. (a) It is the intent of the Legislature to enact legislation to increase the pace and scale of the use of prescribed fire and to reduce barriers for conducting prescribed burns.

(b) On or before January 1, 2020, the Forest Management Task Force or its successor entity, in coordination with the Department of Insurance, shall develop recommendations for the implementation of an insurance pool or other mechanism for prescribed burn managers that reduces the cost of conducting prescribed fire while maintaining adequate liability protection for lives and property when conducting prescribed burns.