| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2115Introduced by Assembly Member FloraFebruary 14, 2022 An act to amend Section 4431 of the Public Resources Code, relating to fire prevention. LEGISLATIVE COUNSEL'S DIGESTAB 2115, as introduced, Flora. Fire prevention: burning permits: firefighting tools.Existing law prohibits, during any time of the year when burning permits are required in specified areas, any person from using or operating or causing to be operated in that area any portable saw, auger, or drill, or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest-covered land, brush-covered land, or grass-covered land, within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the tool powered by a gasoline-fueled internal combustion engine, for firefighting purposes one serviceable round point shovel, with an overall length of not less than 46 inches, or one serviceable fire extinguisher. Existing law provides that the violation of this law is a misdemeanor. This bill would instead require, in the above described scenario, the providing and maintaining at the immediate locations of use or operation of the tool powered by a gasoline-fueled internal combustion engine, for firefighting purposes, 2 serviceable round point shovels, of any length, or 2 serviceable fire extinguishers. By expanding the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4431 of the Public Resources Code is amended to read:4431. (a) During any time of the year when burning permits are required in an area pursuant to this article, no a person shall not use or operate or cause to be operated in the area any portable saw, auger, drill, tamper, or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest-covered land, brush-covered land, or grass-covered land, within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the saw or tool, for firefighting purposes one purposes, two serviceable round point shovel, with an overall length of not less than 46 inches, or one shovels or two serviceable fire extinguisher. extinguishers. The Director of Forestry and Fire Protection shall by administrative regulation specify the type and size of fire extinguisher necessary to provide at least minimum assurance of controlling fire caused by use of portable power tools under various climatic and fuel conditions. The(b) The required fire tools shall at no time be farther from the point of operation of the power saw or tool than 25 feet with unrestricted access for the operator from the point of operation.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2115Introduced by Assembly Member FloraFebruary 14, 2022 An act to amend Section 4431 of the Public Resources Code, relating to fire prevention. LEGISLATIVE COUNSEL'S DIGESTAB 2115, as introduced, Flora. Fire prevention: burning permits: firefighting tools.Existing law prohibits, during any time of the year when burning permits are required in specified areas, any person from using or operating or causing to be operated in that area any portable saw, auger, or drill, or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest-covered land, brush-covered land, or grass-covered land, within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the tool powered by a gasoline-fueled internal combustion engine, for firefighting purposes one serviceable round point shovel, with an overall length of not less than 46 inches, or one serviceable fire extinguisher. Existing law provides that the violation of this law is a misdemeanor. This bill would instead require, in the above described scenario, the providing and maintaining at the immediate locations of use or operation of the tool powered by a gasoline-fueled internal combustion engine, for firefighting purposes, 2 serviceable round point shovels, of any length, or 2 serviceable fire extinguishers. By expanding the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 10 | 10 | | |
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| 11 | 11 | | Assembly Bill |
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| 12 | 12 | | |
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| 13 | 13 | | No. 2115 |
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| 14 | 14 | | |
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| 15 | 15 | | Introduced by Assembly Member FloraFebruary 14, 2022 |
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| 17 | 17 | | Introduced by Assembly Member Flora |
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| 18 | 18 | | February 14, 2022 |
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| 20 | 20 | | An act to amend Section 4431 of the Public Resources Code, relating to fire prevention. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 2115, as introduced, Flora. Fire prevention: burning permits: firefighting tools. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law prohibits, during any time of the year when burning permits are required in specified areas, any person from using or operating or causing to be operated in that area any portable saw, auger, or drill, or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest-covered land, brush-covered land, or grass-covered land, within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the tool powered by a gasoline-fueled internal combustion engine, for firefighting purposes one serviceable round point shovel, with an overall length of not less than 46 inches, or one serviceable fire extinguisher. Existing law provides that the violation of this law is a misdemeanor. This bill would instead require, in the above described scenario, the providing and maintaining at the immediate locations of use or operation of the tool powered by a gasoline-fueled internal combustion engine, for firefighting purposes, 2 serviceable round point shovels, of any length, or 2 serviceable fire extinguishers. By expanding the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 30 | 30 | | Existing law prohibits, during any time of the year when burning permits are required in specified areas, any person from using or operating or causing to be operated in that area any portable saw, auger, or drill, or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest-covered land, brush-covered land, or grass-covered land, within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the tool powered by a gasoline-fueled internal combustion engine, for firefighting purposes one serviceable round point shovel, with an overall length of not less than 46 inches, or one serviceable fire extinguisher. Existing law provides that the violation of this law is a misdemeanor. |
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| 32 | 32 | | This bill would instead require, in the above described scenario, the providing and maintaining at the immediate locations of use or operation of the tool powered by a gasoline-fueled internal combustion engine, for firefighting purposes, 2 serviceable round point shovels, of any length, or 2 serviceable fire extinguishers. By expanding the scope of a crime, this bill would impose a state-mandated local program. |
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| 34 | 34 | | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
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| 35 | 35 | | |
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| 36 | 36 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 37 | 37 | | |
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| 38 | 38 | | ## Digest Key |
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| 39 | 39 | | |
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| 40 | 40 | | ## Bill Text |
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| 42 | 42 | | The people of the State of California do enact as follows:SECTION 1. Section 4431 of the Public Resources Code is amended to read:4431. (a) During any time of the year when burning permits are required in an area pursuant to this article, no a person shall not use or operate or cause to be operated in the area any portable saw, auger, drill, tamper, or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest-covered land, brush-covered land, or grass-covered land, within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the saw or tool, for firefighting purposes one purposes, two serviceable round point shovel, with an overall length of not less than 46 inches, or one shovels or two serviceable fire extinguisher. extinguishers. The Director of Forestry and Fire Protection shall by administrative regulation specify the type and size of fire extinguisher necessary to provide at least minimum assurance of controlling fire caused by use of portable power tools under various climatic and fuel conditions. The(b) The required fire tools shall at no time be farther from the point of operation of the power saw or tool than 25 feet with unrestricted access for the operator from the point of operation.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 44 | 44 | | The people of the State of California do enact as follows: |
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| 46 | 46 | | ## The people of the State of California do enact as follows: |
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| 47 | 47 | | |
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| 48 | 48 | | SECTION 1. Section 4431 of the Public Resources Code is amended to read:4431. (a) During any time of the year when burning permits are required in an area pursuant to this article, no a person shall not use or operate or cause to be operated in the area any portable saw, auger, drill, tamper, or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest-covered land, brush-covered land, or grass-covered land, within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the saw or tool, for firefighting purposes one purposes, two serviceable round point shovel, with an overall length of not less than 46 inches, or one shovels or two serviceable fire extinguisher. extinguishers. The Director of Forestry and Fire Protection shall by administrative regulation specify the type and size of fire extinguisher necessary to provide at least minimum assurance of controlling fire caused by use of portable power tools under various climatic and fuel conditions. The(b) The required fire tools shall at no time be farther from the point of operation of the power saw or tool than 25 feet with unrestricted access for the operator from the point of operation. |
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| 50 | 50 | | SECTION 1. Section 4431 of the Public Resources Code is amended to read: |
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| 52 | 52 | | ### SECTION 1. |
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| 54 | 54 | | 4431. (a) During any time of the year when burning permits are required in an area pursuant to this article, no a person shall not use or operate or cause to be operated in the area any portable saw, auger, drill, tamper, or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest-covered land, brush-covered land, or grass-covered land, within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the saw or tool, for firefighting purposes one purposes, two serviceable round point shovel, with an overall length of not less than 46 inches, or one shovels or two serviceable fire extinguisher. extinguishers. The Director of Forestry and Fire Protection shall by administrative regulation specify the type and size of fire extinguisher necessary to provide at least minimum assurance of controlling fire caused by use of portable power tools under various climatic and fuel conditions. The(b) The required fire tools shall at no time be farther from the point of operation of the power saw or tool than 25 feet with unrestricted access for the operator from the point of operation. |
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| 56 | 56 | | 4431. (a) During any time of the year when burning permits are required in an area pursuant to this article, no a person shall not use or operate or cause to be operated in the area any portable saw, auger, drill, tamper, or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest-covered land, brush-covered land, or grass-covered land, within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the saw or tool, for firefighting purposes one purposes, two serviceable round point shovel, with an overall length of not less than 46 inches, or one shovels or two serviceable fire extinguisher. extinguishers. The Director of Forestry and Fire Protection shall by administrative regulation specify the type and size of fire extinguisher necessary to provide at least minimum assurance of controlling fire caused by use of portable power tools under various climatic and fuel conditions. The(b) The required fire tools shall at no time be farther from the point of operation of the power saw or tool than 25 feet with unrestricted access for the operator from the point of operation. |
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| 58 | 58 | | 4431. (a) During any time of the year when burning permits are required in an area pursuant to this article, no a person shall not use or operate or cause to be operated in the area any portable saw, auger, drill, tamper, or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest-covered land, brush-covered land, or grass-covered land, within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the saw or tool, for firefighting purposes one purposes, two serviceable round point shovel, with an overall length of not less than 46 inches, or one shovels or two serviceable fire extinguisher. extinguishers. The Director of Forestry and Fire Protection shall by administrative regulation specify the type and size of fire extinguisher necessary to provide at least minimum assurance of controlling fire caused by use of portable power tools under various climatic and fuel conditions. The(b) The required fire tools shall at no time be farther from the point of operation of the power saw or tool than 25 feet with unrestricted access for the operator from the point of operation. |
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| 62 | 62 | | 4431. (a) During any time of the year when burning permits are required in an area pursuant to this article, no a person shall not use or operate or cause to be operated in the area any portable saw, auger, drill, tamper, or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest-covered land, brush-covered land, or grass-covered land, within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the saw or tool, for firefighting purposes one purposes, two serviceable round point shovel, with an overall length of not less than 46 inches, or one shovels or two serviceable fire extinguisher. extinguishers. The Director of Forestry and Fire Protection shall by administrative regulation specify the type and size of fire extinguisher necessary to provide at least minimum assurance of controlling fire caused by use of portable power tools under various climatic and fuel conditions. |
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| 64 | 64 | | The |
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| 68 | 68 | | (b) The required fire tools shall at no time be farther from the point of operation of the power saw or tool than 25 feet with unrestricted access for the operator from the point of operation. |
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| 70 | 70 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 72 | 72 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 74 | 74 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 76 | 76 | | ### SEC. 2. |
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