CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 575Introduced by Assembly Member FongFebruary 11, 2021 An act to add Section 3333.8 to the Civil Code, relating to civil liability. LEGISLATIVE COUNSEL'S DIGESTAB 575, as introduced, Fong. Civil liability: prescribed burning activities: gross negligence.Existing law authorizes the Director of Forestry and Fire Protection to enter into an agreement, including a grant agreement, for prescribed burning operations or other hazardous fuel reduction efforts with any person for specified purposes. Existing law requires the agreement to designate an officer of the Department of Forestry and Fire Protection or a certified burn boss with the final authority regarding the prescribed burn operation and to specify the duties of, and the precautions taken by, the person contracting with the department and any personnel furnished by that person. Existing law requires the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for a certification program for burn bosses. This bill would provide that a private entity engaging in a prescribed burning activity that is supervised by a person certified as burn boss is liable for damages to a third party only if the prescribed burning activity was carried out in a grossly negligent manner.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3333.8 is added to the Civil Code, to read:3333.8. Notwithstanding any other law, a private entity engaging in a prescribed burning activity that is supervised by a person certified as a burn boss pursuant to Section 4477 of the Public Resources Code shall be liable for damages to a third party only if the prescribed burning activity was carried out in a grossly negligent manner.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 575Introduced by Assembly Member FongFebruary 11, 2021 An act to add Section 3333.8 to the Civil Code, relating to civil liability. LEGISLATIVE COUNSEL'S DIGESTAB 575, as introduced, Fong. Civil liability: prescribed burning activities: gross negligence.Existing law authorizes the Director of Forestry and Fire Protection to enter into an agreement, including a grant agreement, for prescribed burning operations or other hazardous fuel reduction efforts with any person for specified purposes. Existing law requires the agreement to designate an officer of the Department of Forestry and Fire Protection or a certified burn boss with the final authority regarding the prescribed burn operation and to specify the duties of, and the precautions taken by, the person contracting with the department and any personnel furnished by that person. Existing law requires the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for a certification program for burn bosses. This bill would provide that a private entity engaging in a prescribed burning activity that is supervised by a person certified as burn boss is liable for damages to a third party only if the prescribed burning activity was carried out in a grossly negligent manner.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 575
Introduced by Assembly Member FongFebruary 11, 2021
Introduced by Assembly Member Fong
February 11, 2021
An act to add Section 3333.8 to the Civil Code, relating to civil liability.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 575, as introduced, Fong. Civil liability: prescribed burning activities: gross negligence.
Existing law authorizes the Director of Forestry and Fire Protection to enter into an agreement, including a grant agreement, for prescribed burning operations or other hazardous fuel reduction efforts with any person for specified purposes. Existing law requires the agreement to designate an officer of the Department of Forestry and Fire Protection or a certified burn boss with the final authority regarding the prescribed burn operation and to specify the duties of, and the precautions taken by, the person contracting with the department and any personnel furnished by that person. Existing law requires the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for a certification program for burn bosses. This bill would provide that a private entity engaging in a prescribed burning activity that is supervised by a person certified as burn boss is liable for damages to a third party only if the prescribed burning activity was carried out in a grossly negligent manner.
Existing law authorizes the Director of Forestry and Fire Protection to enter into an agreement, including a grant agreement, for prescribed burning operations or other hazardous fuel reduction efforts with any person for specified purposes. Existing law requires the agreement to designate an officer of the Department of Forestry and Fire Protection or a certified burn boss with the final authority regarding the prescribed burn operation and to specify the duties of, and the precautions taken by, the person contracting with the department and any personnel furnished by that person. Existing law requires the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for a certification program for burn bosses.
This bill would provide that a private entity engaging in a prescribed burning activity that is supervised by a person certified as burn boss is liable for damages to a third party only if the prescribed burning activity was carried out in a grossly negligent manner.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 3333.8 is added to the Civil Code, to read:3333.8. Notwithstanding any other law, a private entity engaging in a prescribed burning activity that is supervised by a person certified as a burn boss pursuant to Section 4477 of the Public Resources Code shall be liable for damages to a third party only if the prescribed burning activity was carried out in a grossly negligent manner.
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 3333.8 is added to the Civil Code, to read:3333.8. Notwithstanding any other law, a private entity engaging in a prescribed burning activity that is supervised by a person certified as a burn boss pursuant to Section 4477 of the Public Resources Code shall be liable for damages to a third party only if the prescribed burning activity was carried out in a grossly negligent manner.
SECTION 1. Section 3333.8 is added to the Civil Code, to read:
### SECTION 1.
3333.8. Notwithstanding any other law, a private entity engaging in a prescribed burning activity that is supervised by a person certified as a burn boss pursuant to Section 4477 of the Public Resources Code shall be liable for damages to a third party only if the prescribed burning activity was carried out in a grossly negligent manner.
3333.8. Notwithstanding any other law, a private entity engaging in a prescribed burning activity that is supervised by a person certified as a burn boss pursuant to Section 4477 of the Public Resources Code shall be liable for damages to a third party only if the prescribed burning activity was carried out in a grossly negligent manner.
3333.8. Notwithstanding any other law, a private entity engaging in a prescribed burning activity that is supervised by a person certified as a burn boss pursuant to Section 4477 of the Public Resources Code shall be liable for damages to a third party only if the prescribed burning activity was carried out in a grossly negligent manner.
3333.8. Notwithstanding any other law, a private entity engaging in a prescribed burning activity that is supervised by a person certified as a burn boss pursuant to Section 4477 of the Public Resources Code shall be liable for damages to a third party only if the prescribed burning activity was carried out in a grossly negligent manner.