CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2585Introduced by Assembly Member PattersonFebruary 15, 2018 An act to add Article 4.5 (commencing with Section 4500) to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, relating to burning of lands. LEGISLATIVE COUNSEL'S DIGESTAB 2585, as introduced, Patterson. Prescribed burns: burn managers: liability.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, as defined, to apply to the Department of Forestry and Fire Protection for permission to utilize prescribed burning for specified public purposes.This bill would provide that a property owner and his or her agent conducting a prescribed burn, as defined, shall not be liable for damage or injury caused by fire or smoke, unless negligence is proven, when the prescribed burn meets specified conditions, including that the prescribed burn in conducted under the supervision of a certified prescribed burn manager, as defined, and proper burn permits have been obtained from all appropriate state and local agencies.The bill would require the department, on or before January 1, 2020, to develop a training and certification program for prescribed burn managers. The bill would require the department, on or before July 1, 2020, subject to the receipt of funding, to secure an insurance policy to provide compensation for any injuries or property damage resulting from a prescribed burn operation performed according to the above provisions.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. The Legislature finds and declares all of the following:(a) Prescribed burning reduces naturally occurring vegetative fuels within wild land areas. Reduction of the fuel load reduces the risk and severity of major catastrophic wildfires, thereby reducing the threat of loss of life and property, particularly in urbanized areas.(b) Many of the states natural communities and ecosystems require periodic fire for maintenance of their ecological integrity. Prescribed burning is essential to the perpetuation, restoration, and management of many plant and animal communities. Significant loss of the state's biological diversity will occur if fire is excluded from fire-dependent systems.(c) Prescribed burning on forest land prepares sites for reforestation, removes undesirable competing vegetation, expedites nutrient cycling, and controls or eliminates certain forest pathogens. On range land, prescribed burning improves the quality and quantity of herbaceous vegetation necessary for livestock production.(d) The application of prescribed burning is a land management tool that benefits the safety of the public, the environment, and the economy of California.(e) Proper training in the use of prescribed burning is necessary to ensure maximum benefits and protection for the public.(f) Liability issues and the inability of registered professional foresters to secure adequate liability insurance often preclude the use of prescribed burning as a forest and vegetation management tool. SEC. 2. Article 4.5 (commencing with Section 4500) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read: Article 4.5. Prescribed Burning4500. As used in this article, the following terms have the following meanings:(a) Certified prescribed burn manager means an individual who successfully completes the certification program created by the department.(b) Prescribed burn means the controlled application of fire to naturally occurring vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplish the planned land management objectives.4501. On or before January 1, 2020, the department shall develop a training and certification program for prescribed burn managers.4502. A property owner and his or her agent conducting a prescribed burn shall not be liable for damage or injury caused by fire or smoke, unless negligence is proven, when the prescribed burn meets the following conditions:(a) The prescribed burn is conducted under the supervision of a certified prescribed burn manager.(b) Proper burn permits have been obtained from all appropriate state and local agencies.(c) The burn is conducted pursuant to the requirements of the burn permit.(d) The burn is conducted in accordance with all existing air pollution statutes, rules, and regulations.4503. (a) On or before July 1, 2020, subject to the receipt of funds for this purpose, the department shall secure an insurance policy to provide compensation for any injuries or property damage resulting from prescribed fire operations performed pursuant to Section 4502.(b) The department shall submit an estimate of the amount of coverage and anticipated cost of coverage to the Joint Legislative Budget Committee by July 1, 2019, and submit a budget request for that funding with the budget on January 10, 2020.4504. On or before July 1, 2019, the department shall develop a public education program to make citizens and visitors aware of the public safety, resource, and economic benefits of prescribed burning.4505. The board may adopt any regulations necessary to implement this article.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2585Introduced by Assembly Member PattersonFebruary 15, 2018 An act to add Article 4.5 (commencing with Section 4500) to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, relating to burning of lands. LEGISLATIVE COUNSEL'S DIGESTAB 2585, as introduced, Patterson. Prescribed burns: burn managers: liability.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, as defined, to apply to the Department of Forestry and Fire Protection for permission to utilize prescribed burning for specified public purposes.This bill would provide that a property owner and his or her agent conducting a prescribed burn, as defined, shall not be liable for damage or injury caused by fire or smoke, unless negligence is proven, when the prescribed burn meets specified conditions, including that the prescribed burn in conducted under the supervision of a certified prescribed burn manager, as defined, and proper burn permits have been obtained from all appropriate state and local agencies.The bill would require the department, on or before January 1, 2020, to develop a training and certification program for prescribed burn managers. The bill would require the department, on or before July 1, 2020, subject to the receipt of funding, to secure an insurance policy to provide compensation for any injuries or property damage resulting from a prescribed burn operation performed according to the above provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2585
Introduced by Assembly Member PattersonFebruary 15, 2018
Introduced by Assembly Member Patterson
February 15, 2018
An act to add Article 4.5 (commencing with Section 4500) to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, relating to burning of lands.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2585, as introduced, Patterson. Prescribed burns: burn managers: liability.
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, as defined, to apply to the Department of Forestry and Fire Protection for permission to utilize prescribed burning for specified public purposes.This bill would provide that a property owner and his or her agent conducting a prescribed burn, as defined, shall not be liable for damage or injury caused by fire or smoke, unless negligence is proven, when the prescribed burn meets specified conditions, including that the prescribed burn in conducted under the supervision of a certified prescribed burn manager, as defined, and proper burn permits have been obtained from all appropriate state and local agencies.The bill would require the department, on or before January 1, 2020, to develop a training and certification program for prescribed burn managers. The bill would require the department, on or before July 1, 2020, subject to the receipt of funding, to secure an insurance policy to provide compensation for any injuries or property damage resulting from a prescribed burn operation performed according to the above provisions.
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, as defined, to apply to the Department of Forestry and Fire Protection for permission to utilize prescribed burning for specified public purposes.
This bill would provide that a property owner and his or her agent conducting a prescribed burn, as defined, shall not be liable for damage or injury caused by fire or smoke, unless negligence is proven, when the prescribed burn meets specified conditions, including that the prescribed burn in conducted under the supervision of a certified prescribed burn manager, as defined, and proper burn permits have been obtained from all appropriate state and local agencies.
The bill would require the department, on or before January 1, 2020, to develop a training and certification program for prescribed burn managers. The bill would require the department, on or before July 1, 2020, subject to the receipt of funding, to secure an insurance policy to provide compensation for any injuries or property damage resulting from a prescribed burn operation performed according to the above provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Prescribed burning reduces naturally occurring vegetative fuels within wild land areas. Reduction of the fuel load reduces the risk and severity of major catastrophic wildfires, thereby reducing the threat of loss of life and property, particularly in urbanized areas.(b) Many of the states natural communities and ecosystems require periodic fire for maintenance of their ecological integrity. Prescribed burning is essential to the perpetuation, restoration, and management of many plant and animal communities. Significant loss of the state's biological diversity will occur if fire is excluded from fire-dependent systems.(c) Prescribed burning on forest land prepares sites for reforestation, removes undesirable competing vegetation, expedites nutrient cycling, and controls or eliminates certain forest pathogens. On range land, prescribed burning improves the quality and quantity of herbaceous vegetation necessary for livestock production.(d) The application of prescribed burning is a land management tool that benefits the safety of the public, the environment, and the economy of California.(e) Proper training in the use of prescribed burning is necessary to ensure maximum benefits and protection for the public.(f) Liability issues and the inability of registered professional foresters to secure adequate liability insurance often preclude the use of prescribed burning as a forest and vegetation management tool. SEC. 2. Article 4.5 (commencing with Section 4500) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read: Article 4.5. Prescribed Burning4500. As used in this article, the following terms have the following meanings:(a) Certified prescribed burn manager means an individual who successfully completes the certification program created by the department.(b) Prescribed burn means the controlled application of fire to naturally occurring vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplish the planned land management objectives.4501. On or before January 1, 2020, the department shall develop a training and certification program for prescribed burn managers.4502. A property owner and his or her agent conducting a prescribed burn shall not be liable for damage or injury caused by fire or smoke, unless negligence is proven, when the prescribed burn meets the following conditions:(a) The prescribed burn is conducted under the supervision of a certified prescribed burn manager.(b) Proper burn permits have been obtained from all appropriate state and local agencies.(c) The burn is conducted pursuant to the requirements of the burn permit.(d) The burn is conducted in accordance with all existing air pollution statutes, rules, and regulations.4503. (a) On or before July 1, 2020, subject to the receipt of funds for this purpose, the department shall secure an insurance policy to provide compensation for any injuries or property damage resulting from prescribed fire operations performed pursuant to Section 4502.(b) The department shall submit an estimate of the amount of coverage and anticipated cost of coverage to the Joint Legislative Budget Committee by July 1, 2019, and submit a budget request for that funding with the budget on January 10, 2020.4504. On or before July 1, 2019, the department shall develop a public education program to make citizens and visitors aware of the public safety, resource, and economic benefits of prescribed burning.4505. The board may adopt any regulations necessary to implement this article.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) Prescribed burning reduces naturally occurring vegetative fuels within wild land areas. Reduction of the fuel load reduces the risk and severity of major catastrophic wildfires, thereby reducing the threat of loss of life and property, particularly in urbanized areas.(b) Many of the states natural communities and ecosystems require periodic fire for maintenance of their ecological integrity. Prescribed burning is essential to the perpetuation, restoration, and management of many plant and animal communities. Significant loss of the state's biological diversity will occur if fire is excluded from fire-dependent systems.(c) Prescribed burning on forest land prepares sites for reforestation, removes undesirable competing vegetation, expedites nutrient cycling, and controls or eliminates certain forest pathogens. On range land, prescribed burning improves the quality and quantity of herbaceous vegetation necessary for livestock production.(d) The application of prescribed burning is a land management tool that benefits the safety of the public, the environment, and the economy of California.(e) Proper training in the use of prescribed burning is necessary to ensure maximum benefits and protection for the public.(f) Liability issues and the inability of registered professional foresters to secure adequate liability insurance often preclude the use of prescribed burning as a forest and vegetation management tool.
SECTION 1. The Legislature finds and declares all of the following:(a) Prescribed burning reduces naturally occurring vegetative fuels within wild land areas. Reduction of the fuel load reduces the risk and severity of major catastrophic wildfires, thereby reducing the threat of loss of life and property, particularly in urbanized areas.(b) Many of the states natural communities and ecosystems require periodic fire for maintenance of their ecological integrity. Prescribed burning is essential to the perpetuation, restoration, and management of many plant and animal communities. Significant loss of the state's biological diversity will occur if fire is excluded from fire-dependent systems.(c) Prescribed burning on forest land prepares sites for reforestation, removes undesirable competing vegetation, expedites nutrient cycling, and controls or eliminates certain forest pathogens. On range land, prescribed burning improves the quality and quantity of herbaceous vegetation necessary for livestock production.(d) The application of prescribed burning is a land management tool that benefits the safety of the public, the environment, and the economy of California.(e) Proper training in the use of prescribed burning is necessary to ensure maximum benefits and protection for the public.(f) Liability issues and the inability of registered professional foresters to secure adequate liability insurance often preclude the use of prescribed burning as a forest and vegetation management tool.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Prescribed burning reduces naturally occurring vegetative fuels within wild land areas. Reduction of the fuel load reduces the risk and severity of major catastrophic wildfires, thereby reducing the threat of loss of life and property, particularly in urbanized areas.
(b) Many of the states natural communities and ecosystems require periodic fire for maintenance of their ecological integrity. Prescribed burning is essential to the perpetuation, restoration, and management of many plant and animal communities. Significant loss of the state's biological diversity will occur if fire is excluded from fire-dependent systems.
(c) Prescribed burning on forest land prepares sites for reforestation, removes undesirable competing vegetation, expedites nutrient cycling, and controls or eliminates certain forest pathogens. On range land, prescribed burning improves the quality and quantity of herbaceous vegetation necessary for livestock production.
(d) The application of prescribed burning is a land management tool that benefits the safety of the public, the environment, and the economy of California.
(e) Proper training in the use of prescribed burning is necessary to ensure maximum benefits and protection for the public.
(f) Liability issues and the inability of registered professional foresters to secure adequate liability insurance often preclude the use of prescribed burning as a forest and vegetation management tool.
SEC. 2. Article 4.5 (commencing with Section 4500) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read: Article 4.5. Prescribed Burning4500. As used in this article, the following terms have the following meanings:(a) Certified prescribed burn manager means an individual who successfully completes the certification program created by the department.(b) Prescribed burn means the controlled application of fire to naturally occurring vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplish the planned land management objectives.4501. On or before January 1, 2020, the department shall develop a training and certification program for prescribed burn managers.4502. A property owner and his or her agent conducting a prescribed burn shall not be liable for damage or injury caused by fire or smoke, unless negligence is proven, when the prescribed burn meets the following conditions:(a) The prescribed burn is conducted under the supervision of a certified prescribed burn manager.(b) Proper burn permits have been obtained from all appropriate state and local agencies.(c) The burn is conducted pursuant to the requirements of the burn permit.(d) The burn is conducted in accordance with all existing air pollution statutes, rules, and regulations.4503. (a) On or before July 1, 2020, subject to the receipt of funds for this purpose, the department shall secure an insurance policy to provide compensation for any injuries or property damage resulting from prescribed fire operations performed pursuant to Section 4502.(b) The department shall submit an estimate of the amount of coverage and anticipated cost of coverage to the Joint Legislative Budget Committee by July 1, 2019, and submit a budget request for that funding with the budget on January 10, 2020.4504. On or before July 1, 2019, the department shall develop a public education program to make citizens and visitors aware of the public safety, resource, and economic benefits of prescribed burning.4505. The board may adopt any regulations necessary to implement this article.
SEC. 2. Article 4.5 (commencing with Section 4500) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read:
### SEC. 2.
Article 4.5. Prescribed Burning4500. As used in this article, the following terms have the following meanings:(a) Certified prescribed burn manager means an individual who successfully completes the certification program created by the department.(b) Prescribed burn means the controlled application of fire to naturally occurring vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplish the planned land management objectives.4501. On or before January 1, 2020, the department shall develop a training and certification program for prescribed burn managers.4502. A property owner and his or her agent conducting a prescribed burn shall not be liable for damage or injury caused by fire or smoke, unless negligence is proven, when the prescribed burn meets the following conditions:(a) The prescribed burn is conducted under the supervision of a certified prescribed burn manager.(b) Proper burn permits have been obtained from all appropriate state and local agencies.(c) The burn is conducted pursuant to the requirements of the burn permit.(d) The burn is conducted in accordance with all existing air pollution statutes, rules, and regulations.4503. (a) On or before July 1, 2020, subject to the receipt of funds for this purpose, the department shall secure an insurance policy to provide compensation for any injuries or property damage resulting from prescribed fire operations performed pursuant to Section 4502.(b) The department shall submit an estimate of the amount of coverage and anticipated cost of coverage to the Joint Legislative Budget Committee by July 1, 2019, and submit a budget request for that funding with the budget on January 10, 2020.4504. On or before July 1, 2019, the department shall develop a public education program to make citizens and visitors aware of the public safety, resource, and economic benefits of prescribed burning.4505. The board may adopt any regulations necessary to implement this article.
Article 4.5. Prescribed Burning4500. As used in this article, the following terms have the following meanings:(a) Certified prescribed burn manager means an individual who successfully completes the certification program created by the department.(b) Prescribed burn means the controlled application of fire to naturally occurring vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplish the planned land management objectives.4501. On or before January 1, 2020, the department shall develop a training and certification program for prescribed burn managers.4502. A property owner and his or her agent conducting a prescribed burn shall not be liable for damage or injury caused by fire or smoke, unless negligence is proven, when the prescribed burn meets the following conditions:(a) The prescribed burn is conducted under the supervision of a certified prescribed burn manager.(b) Proper burn permits have been obtained from all appropriate state and local agencies.(c) The burn is conducted pursuant to the requirements of the burn permit.(d) The burn is conducted in accordance with all existing air pollution statutes, rules, and regulations.4503. (a) On or before July 1, 2020, subject to the receipt of funds for this purpose, the department shall secure an insurance policy to provide compensation for any injuries or property damage resulting from prescribed fire operations performed pursuant to Section 4502.(b) The department shall submit an estimate of the amount of coverage and anticipated cost of coverage to the Joint Legislative Budget Committee by July 1, 2019, and submit a budget request for that funding with the budget on January 10, 2020.4504. On or before July 1, 2019, the department shall develop a public education program to make citizens and visitors aware of the public safety, resource, and economic benefits of prescribed burning.4505. The board may adopt any regulations necessary to implement this article.
Article 4.5. Prescribed Burning
Article 4.5. Prescribed Burning
4500. As used in this article, the following terms have the following meanings:(a) Certified prescribed burn manager means an individual who successfully completes the certification program created by the department.(b) Prescribed burn means the controlled application of fire to naturally occurring vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplish the planned land management objectives.
4500. As used in this article, the following terms have the following meanings:
(a) Certified prescribed burn manager means an individual who successfully completes the certification program created by the department.
(b) Prescribed burn means the controlled application of fire to naturally occurring vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplish the planned land management objectives.
4501. On or before January 1, 2020, the department shall develop a training and certification program for prescribed burn managers.
4501. On or before January 1, 2020, the department shall develop a training and certification program for prescribed burn managers.
4502. A property owner and his or her agent conducting a prescribed burn shall not be liable for damage or injury caused by fire or smoke, unless negligence is proven, when the prescribed burn meets the following conditions:(a) The prescribed burn is conducted under the supervision of a certified prescribed burn manager.(b) Proper burn permits have been obtained from all appropriate state and local agencies.(c) The burn is conducted pursuant to the requirements of the burn permit.(d) The burn is conducted in accordance with all existing air pollution statutes, rules, and regulations.
4502. A property owner and his or her agent conducting a prescribed burn shall not be liable for damage or injury caused by fire or smoke, unless negligence is proven, when the prescribed burn meets the following conditions:
(a) The prescribed burn is conducted under the supervision of a certified prescribed burn manager.
(b) Proper burn permits have been obtained from all appropriate state and local agencies.
(c) The burn is conducted pursuant to the requirements of the burn permit.
(d) The burn is conducted in accordance with all existing air pollution statutes, rules, and regulations.
4503. (a) On or before July 1, 2020, subject to the receipt of funds for this purpose, the department shall secure an insurance policy to provide compensation for any injuries or property damage resulting from prescribed fire operations performed pursuant to Section 4502.(b) The department shall submit an estimate of the amount of coverage and anticipated cost of coverage to the Joint Legislative Budget Committee by July 1, 2019, and submit a budget request for that funding with the budget on January 10, 2020.
4503. (a) On or before July 1, 2020, subject to the receipt of funds for this purpose, the department shall secure an insurance policy to provide compensation for any injuries or property damage resulting from prescribed fire operations performed pursuant to Section 4502.
(b) The department shall submit an estimate of the amount of coverage and anticipated cost of coverage to the Joint Legislative Budget Committee by July 1, 2019, and submit a budget request for that funding with the budget on January 10, 2020.
4504. On or before July 1, 2019, the department shall develop a public education program to make citizens and visitors aware of the public safety, resource, and economic benefits of prescribed burning.
4504. On or before July 1, 2019, the department shall develop a public education program to make citizens and visitors aware of the public safety, resource, and economic benefits of prescribed burning.
4505. The board may adopt any regulations necessary to implement this article.
4505. The board may adopt any regulations necessary to implement this article.