CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 310Introduced by Senator DoddFebruary 06, 2023 An act to amend Section 3333.8 of the Civil Code, and to amend Sections 4002.4 and 4002.6 of, and to add Article 4.5 (commencing with Section 4505) to Chapter 7 of Part 2 of Division 4 of, the Public Resources Code, relating to fire prevention. LEGISLATIVE COUNSEL'S DIGESTSB 310, as introduced, Dodd. Prescribed fire: civil liability: cultural burns.Existing law provides that no person shall be liable for any fire suppression or other costs otherwise recoverable for a prescribed burn if specified conditions are met, including, among others, a burn boss, as certified through a certification program developed by the State Fire Marshal, has reviewed and approved a written prescription for the burn, the burn complies with that written prescription, and either the landowner has provided written permission or the governing body of a Native American tribe has given approval, as provided. Existing law exempts cultural burns conducted by a cultural fire practitioner from those requirements that a person certified as a burn boss review and approve a written prescription and that the burn be conducted in compliance with the written prescription. Existing law defines cultural burn and cultural fire practitioner, as provided. This bill would revise and recast those provisions by, among other things, expanding the definition of burn boss to also include a person qualified for specified positions through the National Wildfire Coordinating Group, as provided, and limiting the tribal approval condition to the approval of the governing body of a California Native American tribe. The bill would also revise and recast the definitions of cultural burn and cultural fire practitioner by, among other things, specifying that the definitions only apply to California Native American tribes. Existing law imposes various permitting requirements and prohibitions related to prescribed burns, as provided. This bill would authorize cultural fire practitioners to obtain approval to burn pursuant to a tribal law, ordinance, regulation, resolution, contract, agreement, or other similar mechanism adopted by a California Native American tribe within its ancestral territory. The bill would exempt those burns from those permitting requirements and related restrictions. The bill would encourage the California Native American tribe to provide advanced notice of cultural burning approval to the Department of Forestry and Fire Protection or other agency having direct protection responsibility in the area where the cultural burn is located.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 3333.8 of the Civil Code is amended to read:3333.8. (a) The Legislature finds and declares that in order to meet fuel management goals, the state must rely on private entities to engage in prescribed burning for public benefit.(b) Notwithstanding Sections 13009 and 13009.1 of the Health and Safety Code, no person shall be liable for any fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code resulting from a prescribed burn if all of the following conditions are met:(1) The purpose of the burn is for wildland fire hazard reduction, ecological maintenance and restoration, cultural burning, silviculture, or agriculture.(2) A person certified as a burn boss pursuant to boss, as defined in paragraph (1) of subdivision (a) of Section 4477 4500 of the Public Resources Code Code, has reviewed and approved a written prescription for the burn that includes adequate risk mitigation measures.(3) The burn is conducted in compliance with the written prescription.(4) The burn is authorized pursuant to Chapter 6 (commencing with Section 4411) or Chapter 7 (commencing with Section 4461) of Part 2 of Division 4 of the Public Resources Code.(5) The burner has a landowners written permission or the approval of the governing body of a California Native American Tribe tribe to burn.(6) The burn is conducted in compliance with any air quality permit required pursuant to Article 3 (commencing with Section 41850) of Chapter 3 of Part 4 of Division 26 of the Health and Safety Code.(7) Cultural burns conducted by a cultural fire practitioner are exempt from paragraphs (2) and (3).(c) This section shall not be construed to grant immunity from fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code to any person whose conduct constitutes gross negligence.(d) Nothing in this section affects the ability of a private or public entity plaintiff to bring a civil action against any defendant.(e) Cultural burn means the intentional application of fire to land by California Native American tribes, tribal organizations, or cultural fire practitioners to achieve cultural goals or objectives, including subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.(f) Cultural fire practitioner means a person associated with recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.SEC. 2. Section 4002.4 of the Public Resources Code is amended to read:4002.4. Cultural burn or cultural burning means the intentional application of fire to land by California Native American tribes, tribal organizations, or cultural fire practitioners to achieve cultural goals or objectives, including for subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.SEC. 3. Section 4002.6 of the Public Resources Code is amended to read:4002.6. Cultural fire practitioner means a person associated with recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including for subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.SEC. 4. Article 4.5 (commencing with Section 4505) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read: Article 4.5. Cultural Burn Approval4505. Cultural fire practitioners may obtain approval for a cultural burn pursuant to a tribal law, ordinance, regulation, resolution, contract, agreement, or other similar mechanism adopted by a California Native American tribe within its ancestral territory. If such tribal approval for a cultural burn is obtained, no other permit is required, including pursuant to Article 3 (commencing with Section 4491) of this chapter and Article 3 (commencing with Section 41850) of Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, and the related restrictions for burning under permit in Article 2 (commencing with Section 4421) of Chapter 6 of this part shall not apply to the cultural burn. The California Native American tribe is encouraged to provide advanced notice of cultural burning approval to the department or other agency having direct protection responsibility in the area where the cultural burn is located.4506. For purposes of this article, ancestral territory means the area over which a California Native American tribe exercises jurisdiction pursuant to its constitution.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 310Introduced by Senator DoddFebruary 06, 2023 An act to amend Section 3333.8 of the Civil Code, and to amend Sections 4002.4 and 4002.6 of, and to add Article 4.5 (commencing with Section 4505) to Chapter 7 of Part 2 of Division 4 of, the Public Resources Code, relating to fire prevention. LEGISLATIVE COUNSEL'S DIGESTSB 310, as introduced, Dodd. Prescribed fire: civil liability: cultural burns.Existing law provides that no person shall be liable for any fire suppression or other costs otherwise recoverable for a prescribed burn if specified conditions are met, including, among others, a burn boss, as certified through a certification program developed by the State Fire Marshal, has reviewed and approved a written prescription for the burn, the burn complies with that written prescription, and either the landowner has provided written permission or the governing body of a Native American tribe has given approval, as provided. Existing law exempts cultural burns conducted by a cultural fire practitioner from those requirements that a person certified as a burn boss review and approve a written prescription and that the burn be conducted in compliance with the written prescription. Existing law defines cultural burn and cultural fire practitioner, as provided. This bill would revise and recast those provisions by, among other things, expanding the definition of burn boss to also include a person qualified for specified positions through the National Wildfire Coordinating Group, as provided, and limiting the tribal approval condition to the approval of the governing body of a California Native American tribe. The bill would also revise and recast the definitions of cultural burn and cultural fire practitioner by, among other things, specifying that the definitions only apply to California Native American tribes. Existing law imposes various permitting requirements and prohibitions related to prescribed burns, as provided. This bill would authorize cultural fire practitioners to obtain approval to burn pursuant to a tribal law, ordinance, regulation, resolution, contract, agreement, or other similar mechanism adopted by a California Native American tribe within its ancestral territory. The bill would exempt those burns from those permitting requirements and related restrictions. The bill would encourage the California Native American tribe to provide advanced notice of cultural burning approval to the Department of Forestry and Fire Protection or other agency having direct protection responsibility in the area where the cultural burn is located.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 310
Introduced by Senator DoddFebruary 06, 2023
Introduced by Senator Dodd
February 06, 2023
An act to amend Section 3333.8 of the Civil Code, and to amend Sections 4002.4 and 4002.6 of, and to add Article 4.5 (commencing with Section 4505) to Chapter 7 of Part 2 of Division 4 of, the Public Resources Code, relating to fire prevention.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 310, as introduced, Dodd. Prescribed fire: civil liability: cultural burns.
Existing law provides that no person shall be liable for any fire suppression or other costs otherwise recoverable for a prescribed burn if specified conditions are met, including, among others, a burn boss, as certified through a certification program developed by the State Fire Marshal, has reviewed and approved a written prescription for the burn, the burn complies with that written prescription, and either the landowner has provided written permission or the governing body of a Native American tribe has given approval, as provided. Existing law exempts cultural burns conducted by a cultural fire practitioner from those requirements that a person certified as a burn boss review and approve a written prescription and that the burn be conducted in compliance with the written prescription. Existing law defines cultural burn and cultural fire practitioner, as provided. This bill would revise and recast those provisions by, among other things, expanding the definition of burn boss to also include a person qualified for specified positions through the National Wildfire Coordinating Group, as provided, and limiting the tribal approval condition to the approval of the governing body of a California Native American tribe. The bill would also revise and recast the definitions of cultural burn and cultural fire practitioner by, among other things, specifying that the definitions only apply to California Native American tribes. Existing law imposes various permitting requirements and prohibitions related to prescribed burns, as provided. This bill would authorize cultural fire practitioners to obtain approval to burn pursuant to a tribal law, ordinance, regulation, resolution, contract, agreement, or other similar mechanism adopted by a California Native American tribe within its ancestral territory. The bill would exempt those burns from those permitting requirements and related restrictions. The bill would encourage the California Native American tribe to provide advanced notice of cultural burning approval to the Department of Forestry and Fire Protection or other agency having direct protection responsibility in the area where the cultural burn is located.
Existing law provides that no person shall be liable for any fire suppression or other costs otherwise recoverable for a prescribed burn if specified conditions are met, including, among others, a burn boss, as certified through a certification program developed by the State Fire Marshal, has reviewed and approved a written prescription for the burn, the burn complies with that written prescription, and either the landowner has provided written permission or the governing body of a Native American tribe has given approval, as provided. Existing law exempts cultural burns conducted by a cultural fire practitioner from those requirements that a person certified as a burn boss review and approve a written prescription and that the burn be conducted in compliance with the written prescription. Existing law defines cultural burn and cultural fire practitioner, as provided.
This bill would revise and recast those provisions by, among other things, expanding the definition of burn boss to also include a person qualified for specified positions through the National Wildfire Coordinating Group, as provided, and limiting the tribal approval condition to the approval of the governing body of a California Native American tribe. The bill would also revise and recast the definitions of cultural burn and cultural fire practitioner by, among other things, specifying that the definitions only apply to California Native American tribes.
Existing law imposes various permitting requirements and prohibitions related to prescribed burns, as provided.
This bill would authorize cultural fire practitioners to obtain approval to burn pursuant to a tribal law, ordinance, regulation, resolution, contract, agreement, or other similar mechanism adopted by a California Native American tribe within its ancestral territory. The bill would exempt those burns from those permitting requirements and related restrictions. The bill would encourage the California Native American tribe to provide advanced notice of cultural burning approval to the Department of Forestry and Fire Protection or other agency having direct protection responsibility in the area where the cultural burn is located.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 3333.8 of the Civil Code is amended to read:3333.8. (a) The Legislature finds and declares that in order to meet fuel management goals, the state must rely on private entities to engage in prescribed burning for public benefit.(b) Notwithstanding Sections 13009 and 13009.1 of the Health and Safety Code, no person shall be liable for any fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code resulting from a prescribed burn if all of the following conditions are met:(1) The purpose of the burn is for wildland fire hazard reduction, ecological maintenance and restoration, cultural burning, silviculture, or agriculture.(2) A person certified as a burn boss pursuant to boss, as defined in paragraph (1) of subdivision (a) of Section 4477 4500 of the Public Resources Code Code, has reviewed and approved a written prescription for the burn that includes adequate risk mitigation measures.(3) The burn is conducted in compliance with the written prescription.(4) The burn is authorized pursuant to Chapter 6 (commencing with Section 4411) or Chapter 7 (commencing with Section 4461) of Part 2 of Division 4 of the Public Resources Code.(5) The burner has a landowners written permission or the approval of the governing body of a California Native American Tribe tribe to burn.(6) The burn is conducted in compliance with any air quality permit required pursuant to Article 3 (commencing with Section 41850) of Chapter 3 of Part 4 of Division 26 of the Health and Safety Code.(7) Cultural burns conducted by a cultural fire practitioner are exempt from paragraphs (2) and (3).(c) This section shall not be construed to grant immunity from fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code to any person whose conduct constitutes gross negligence.(d) Nothing in this section affects the ability of a private or public entity plaintiff to bring a civil action against any defendant.(e) Cultural burn means the intentional application of fire to land by California Native American tribes, tribal organizations, or cultural fire practitioners to achieve cultural goals or objectives, including subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.(f) Cultural fire practitioner means a person associated with recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.SEC. 2. Section 4002.4 of the Public Resources Code is amended to read:4002.4. Cultural burn or cultural burning means the intentional application of fire to land by California Native American tribes, tribal organizations, or cultural fire practitioners to achieve cultural goals or objectives, including for subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.SEC. 3. Section 4002.6 of the Public Resources Code is amended to read:4002.6. Cultural fire practitioner means a person associated with recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including for subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.SEC. 4. Article 4.5 (commencing with Section 4505) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read: Article 4.5. Cultural Burn Approval4505. Cultural fire practitioners may obtain approval for a cultural burn pursuant to a tribal law, ordinance, regulation, resolution, contract, agreement, or other similar mechanism adopted by a California Native American tribe within its ancestral territory. If such tribal approval for a cultural burn is obtained, no other permit is required, including pursuant to Article 3 (commencing with Section 4491) of this chapter and Article 3 (commencing with Section 41850) of Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, and the related restrictions for burning under permit in Article 2 (commencing with Section 4421) of Chapter 6 of this part shall not apply to the cultural burn. The California Native American tribe is encouraged to provide advanced notice of cultural burning approval to the department or other agency having direct protection responsibility in the area where the cultural burn is located.4506. For purposes of this article, ancestral territory means the area over which a California Native American tribe exercises jurisdiction pursuant to its constitution.
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 of the Civil Code is amended to read:3333.8. (a) The Legislature finds and declares that in order to meet fuel management goals, the state must rely on private entities to engage in prescribed burning for public benefit.(b) Notwithstanding Sections 13009 and 13009.1 of the Health and Safety Code, no person shall be liable for any fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code resulting from a prescribed burn if all of the following conditions are met:(1) The purpose of the burn is for wildland fire hazard reduction, ecological maintenance and restoration, cultural burning, silviculture, or agriculture.(2) A person certified as a burn boss pursuant to boss, as defined in paragraph (1) of subdivision (a) of Section 4477 4500 of the Public Resources Code Code, has reviewed and approved a written prescription for the burn that includes adequate risk mitigation measures.(3) The burn is conducted in compliance with the written prescription.(4) The burn is authorized pursuant to Chapter 6 (commencing with Section 4411) or Chapter 7 (commencing with Section 4461) of Part 2 of Division 4 of the Public Resources Code.(5) The burner has a landowners written permission or the approval of the governing body of a California Native American Tribe tribe to burn.(6) The burn is conducted in compliance with any air quality permit required pursuant to Article 3 (commencing with Section 41850) of Chapter 3 of Part 4 of Division 26 of the Health and Safety Code.(7) Cultural burns conducted by a cultural fire practitioner are exempt from paragraphs (2) and (3).(c) This section shall not be construed to grant immunity from fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code to any person whose conduct constitutes gross negligence.(d) Nothing in this section affects the ability of a private or public entity plaintiff to bring a civil action against any defendant.(e) Cultural burn means the intentional application of fire to land by California Native American tribes, tribal organizations, or cultural fire practitioners to achieve cultural goals or objectives, including subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.(f) Cultural fire practitioner means a person associated with recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.
SECTION 1. Section 3333.8 of the Civil Code is amended to read:
### SECTION 1.
3333.8. (a) The Legislature finds and declares that in order to meet fuel management goals, the state must rely on private entities to engage in prescribed burning for public benefit.(b) Notwithstanding Sections 13009 and 13009.1 of the Health and Safety Code, no person shall be liable for any fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code resulting from a prescribed burn if all of the following conditions are met:(1) The purpose of the burn is for wildland fire hazard reduction, ecological maintenance and restoration, cultural burning, silviculture, or agriculture.(2) A person certified as a burn boss pursuant to boss, as defined in paragraph (1) of subdivision (a) of Section 4477 4500 of the Public Resources Code Code, has reviewed and approved a written prescription for the burn that includes adequate risk mitigation measures.(3) The burn is conducted in compliance with the written prescription.(4) The burn is authorized pursuant to Chapter 6 (commencing with Section 4411) or Chapter 7 (commencing with Section 4461) of Part 2 of Division 4 of the Public Resources Code.(5) The burner has a landowners written permission or the approval of the governing body of a California Native American Tribe tribe to burn.(6) The burn is conducted in compliance with any air quality permit required pursuant to Article 3 (commencing with Section 41850) of Chapter 3 of Part 4 of Division 26 of the Health and Safety Code.(7) Cultural burns conducted by a cultural fire practitioner are exempt from paragraphs (2) and (3).(c) This section shall not be construed to grant immunity from fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code to any person whose conduct constitutes gross negligence.(d) Nothing in this section affects the ability of a private or public entity plaintiff to bring a civil action against any defendant.(e) Cultural burn means the intentional application of fire to land by California Native American tribes, tribal organizations, or cultural fire practitioners to achieve cultural goals or objectives, including subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.(f) Cultural fire practitioner means a person associated with recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.
3333.8. (a) The Legislature finds and declares that in order to meet fuel management goals, the state must rely on private entities to engage in prescribed burning for public benefit.(b) Notwithstanding Sections 13009 and 13009.1 of the Health and Safety Code, no person shall be liable for any fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code resulting from a prescribed burn if all of the following conditions are met:(1) The purpose of the burn is for wildland fire hazard reduction, ecological maintenance and restoration, cultural burning, silviculture, or agriculture.(2) A person certified as a burn boss pursuant to boss, as defined in paragraph (1) of subdivision (a) of Section 4477 4500 of the Public Resources Code Code, has reviewed and approved a written prescription for the burn that includes adequate risk mitigation measures.(3) The burn is conducted in compliance with the written prescription.(4) The burn is authorized pursuant to Chapter 6 (commencing with Section 4411) or Chapter 7 (commencing with Section 4461) of Part 2 of Division 4 of the Public Resources Code.(5) The burner has a landowners written permission or the approval of the governing body of a California Native American Tribe tribe to burn.(6) The burn is conducted in compliance with any air quality permit required pursuant to Article 3 (commencing with Section 41850) of Chapter 3 of Part 4 of Division 26 of the Health and Safety Code.(7) Cultural burns conducted by a cultural fire practitioner are exempt from paragraphs (2) and (3).(c) This section shall not be construed to grant immunity from fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code to any person whose conduct constitutes gross negligence.(d) Nothing in this section affects the ability of a private or public entity plaintiff to bring a civil action against any defendant.(e) Cultural burn means the intentional application of fire to land by California Native American tribes, tribal organizations, or cultural fire practitioners to achieve cultural goals or objectives, including subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.(f) Cultural fire practitioner means a person associated with recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.
3333.8. (a) The Legislature finds and declares that in order to meet fuel management goals, the state must rely on private entities to engage in prescribed burning for public benefit.(b) Notwithstanding Sections 13009 and 13009.1 of the Health and Safety Code, no person shall be liable for any fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code resulting from a prescribed burn if all of the following conditions are met:(1) The purpose of the burn is for wildland fire hazard reduction, ecological maintenance and restoration, cultural burning, silviculture, or agriculture.(2) A person certified as a burn boss pursuant to boss, as defined in paragraph (1) of subdivision (a) of Section 4477 4500 of the Public Resources Code Code, has reviewed and approved a written prescription for the burn that includes adequate risk mitigation measures.(3) The burn is conducted in compliance with the written prescription.(4) The burn is authorized pursuant to Chapter 6 (commencing with Section 4411) or Chapter 7 (commencing with Section 4461) of Part 2 of Division 4 of the Public Resources Code.(5) The burner has a landowners written permission or the approval of the governing body of a California Native American Tribe tribe to burn.(6) The burn is conducted in compliance with any air quality permit required pursuant to Article 3 (commencing with Section 41850) of Chapter 3 of Part 4 of Division 26 of the Health and Safety Code.(7) Cultural burns conducted by a cultural fire practitioner are exempt from paragraphs (2) and (3).(c) This section shall not be construed to grant immunity from fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code to any person whose conduct constitutes gross negligence.(d) Nothing in this section affects the ability of a private or public entity plaintiff to bring a civil action against any defendant.(e) Cultural burn means the intentional application of fire to land by California Native American tribes, tribal organizations, or cultural fire practitioners to achieve cultural goals or objectives, including subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.(f) Cultural fire practitioner means a person associated with recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.
3333.8. (a) The Legislature finds and declares that in order to meet fuel management goals, the state must rely on private entities to engage in prescribed burning for public benefit.
(b) Notwithstanding Sections 13009 and 13009.1 of the Health and Safety Code, no person shall be liable for any fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code resulting from a prescribed burn if all of the following conditions are met:
(1) The purpose of the burn is for wildland fire hazard reduction, ecological maintenance and restoration, cultural burning, silviculture, or agriculture.
(2) A person certified as a burn boss pursuant to boss, as defined in paragraph (1) of subdivision (a) of Section 4477 4500 of the Public Resources Code Code, has reviewed and approved a written prescription for the burn that includes adequate risk mitigation measures.
(3) The burn is conducted in compliance with the written prescription.
(4) The burn is authorized pursuant to Chapter 6 (commencing with Section 4411) or Chapter 7 (commencing with Section 4461) of Part 2 of Division 4 of the Public Resources Code.
(5) The burner has a landowners written permission or the approval of the governing body of a California Native American Tribe tribe to burn.
(6) The burn is conducted in compliance with any air quality permit required pursuant to Article 3 (commencing with Section 41850) of Chapter 3 of Part 4 of Division 26 of the Health and Safety Code.
(7) Cultural burns conducted by a cultural fire practitioner are exempt from paragraphs (2) and (3).
(c) This section shall not be construed to grant immunity from fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code to any person whose conduct constitutes gross negligence.
(d) Nothing in this section affects the ability of a private or public entity plaintiff to bring a civil action against any defendant.
(e) Cultural burn means the intentional application of fire to land by California Native American tribes, tribal organizations, or cultural fire practitioners to achieve cultural goals or objectives, including subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.
(f) Cultural fire practitioner means a person associated with recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.
SEC. 2. Section 4002.4 of the Public Resources Code is amended to read:4002.4. Cultural burn or cultural burning means the intentional application of fire to land by California Native American tribes, tribal organizations, or cultural fire practitioners to achieve cultural goals or objectives, including for subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.
SEC. 2. Section 4002.4 of the Public Resources Code is amended to read:
### SEC. 2.
4002.4. Cultural burn or cultural burning means the intentional application of fire to land by California Native American tribes, tribal organizations, or cultural fire practitioners to achieve cultural goals or objectives, including for subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.
4002.4. Cultural burn or cultural burning means the intentional application of fire to land by California Native American tribes, tribal organizations, or cultural fire practitioners to achieve cultural goals or objectives, including for subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.
4002.4. Cultural burn or cultural burning means the intentional application of fire to land by California Native American tribes, tribal organizations, or cultural fire practitioners to achieve cultural goals or objectives, including for subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.
4002.4. Cultural burn or cultural burning means the intentional application of fire to land by California Native American tribes, tribal organizations, or cultural fire practitioners to achieve cultural goals or objectives, including for subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.
SEC. 3. Section 4002.6 of the Public Resources Code is amended to read:4002.6. Cultural fire practitioner means a person associated with recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including for subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.
SEC. 3. Section 4002.6 of the Public Resources Code is amended to read:
### SEC. 3.
4002.6. Cultural fire practitioner means a person associated with recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including for subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.
4002.6. Cultural fire practitioner means a person associated with recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including for subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.
4002.6. Cultural fire practitioner means a person associated with recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including for subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.
4002.6. Cultural fire practitioner means a person associated with recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including for subsistence, sustenance, ceremonial activities, biodiversity, or other benefits.
SEC. 4. Article 4.5 (commencing with Section 4505) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read: Article 4.5. Cultural Burn Approval4505. Cultural fire practitioners may obtain approval for a cultural burn pursuant to a tribal law, ordinance, regulation, resolution, contract, agreement, or other similar mechanism adopted by a California Native American tribe within its ancestral territory. If such tribal approval for a cultural burn is obtained, no other permit is required, including pursuant to Article 3 (commencing with Section 4491) of this chapter and Article 3 (commencing with Section 41850) of Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, and the related restrictions for burning under permit in Article 2 (commencing with Section 4421) of Chapter 6 of this part shall not apply to the cultural burn. The California Native American tribe is encouraged to provide advanced notice of cultural burning approval to the department or other agency having direct protection responsibility in the area where the cultural burn is located.4506. For purposes of this article, ancestral territory means the area over which a California Native American tribe exercises jurisdiction pursuant to its constitution.
SEC. 4. Article 4.5 (commencing with Section 4505) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read:
### SEC. 4.
Article 4.5. Cultural Burn Approval4505. Cultural fire practitioners may obtain approval for a cultural burn pursuant to a tribal law, ordinance, regulation, resolution, contract, agreement, or other similar mechanism adopted by a California Native American tribe within its ancestral territory. If such tribal approval for a cultural burn is obtained, no other permit is required, including pursuant to Article 3 (commencing with Section 4491) of this chapter and Article 3 (commencing with Section 41850) of Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, and the related restrictions for burning under permit in Article 2 (commencing with Section 4421) of Chapter 6 of this part shall not apply to the cultural burn. The California Native American tribe is encouraged to provide advanced notice of cultural burning approval to the department or other agency having direct protection responsibility in the area where the cultural burn is located.4506. For purposes of this article, ancestral territory means the area over which a California Native American tribe exercises jurisdiction pursuant to its constitution.
Article 4.5. Cultural Burn Approval4505. Cultural fire practitioners may obtain approval for a cultural burn pursuant to a tribal law, ordinance, regulation, resolution, contract, agreement, or other similar mechanism adopted by a California Native American tribe within its ancestral territory. If such tribal approval for a cultural burn is obtained, no other permit is required, including pursuant to Article 3 (commencing with Section 4491) of this chapter and Article 3 (commencing with Section 41850) of Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, and the related restrictions for burning under permit in Article 2 (commencing with Section 4421) of Chapter 6 of this part shall not apply to the cultural burn. The California Native American tribe is encouraged to provide advanced notice of cultural burning approval to the department or other agency having direct protection responsibility in the area where the cultural burn is located.4506. For purposes of this article, ancestral territory means the area over which a California Native American tribe exercises jurisdiction pursuant to its constitution.
Article 4.5. Cultural Burn Approval
Article 4.5. Cultural Burn Approval
4505. Cultural fire practitioners may obtain approval for a cultural burn pursuant to a tribal law, ordinance, regulation, resolution, contract, agreement, or other similar mechanism adopted by a California Native American tribe within its ancestral territory. If such tribal approval for a cultural burn is obtained, no other permit is required, including pursuant to Article 3 (commencing with Section 4491) of this chapter and Article 3 (commencing with Section 41850) of Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, and the related restrictions for burning under permit in Article 2 (commencing with Section 4421) of Chapter 6 of this part shall not apply to the cultural burn. The California Native American tribe is encouraged to provide advanced notice of cultural burning approval to the department or other agency having direct protection responsibility in the area where the cultural burn is located.
4505. Cultural fire practitioners may obtain approval for a cultural burn pursuant to a tribal law, ordinance, regulation, resolution, contract, agreement, or other similar mechanism adopted by a California Native American tribe within its ancestral territory. If such tribal approval for a cultural burn is obtained, no other permit is required, including pursuant to Article 3 (commencing with Section 4491) of this chapter and Article 3 (commencing with Section 41850) of Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, and the related restrictions for burning under permit in Article 2 (commencing with Section 4421) of Chapter 6 of this part shall not apply to the cultural burn. The California Native American tribe is encouraged to provide advanced notice of cultural burning approval to the department or other agency having direct protection responsibility in the area where the cultural burn is located.
4506. For purposes of this article, ancestral territory means the area over which a California Native American tribe exercises jurisdiction pursuant to its constitution.
4506. For purposes of this article, ancestral territory means the area over which a California Native American tribe exercises jurisdiction pursuant to its constitution.