Today's Law As Amended


Bill PDF |Add To My Favorites | print page

SB-310 Prescribed fire: civil liability: cultural burns.(2023-2024)



As Amends the Law Today


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 fire or cultural  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 Section 4477 burn boss, as defined in paragraph (1) of subdivision (a) of Section 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 landowner’s 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) (c)  Cultural burns conducted by a cultural fire practitioner are exempt from paragraphs (2) and (3). (3) of subdivision (b). 
(c) (d)  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) (e)  Nothing in this section affects the ability of a private or public entity plaintiff to bring a civil action against any defendant.
(e) (f)  “Cultural burn” or “cultural burning”  means the intentional application of fire to land by a California  Native American tribes,  tribe, a  tribal organizations, organization,  or a  cultural fire practitioners practitioner  to achieve cultural goals or objectives, including subsistence,  for sustenance,  ceremonial activities, biodiversity, or other benefits.
(f) (g)  “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,  for 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 a  California Native American tribes,  tribe, a  tribal organizations, organization,  or a  cultural fire practitioners practitioner  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. Tribal Sovereignty with Respect to Cultural Burning
4505.
 (a) (1) The Legislature acknowledges that federally recognized California Native American tribes have inherent sovereignty and authority to regulate their members and cultural practices, including, but not limited to, cultural fire practitioners and cultural burning.
(2) The Legislature finds and declares that in order to meet fuel management and wildfire resilience goals of the state and to address the historical wrongs of criminalizing cultural use of fire, the state must work collaboratively with federally recognized California Native American tribes that engage in cultural burning within their ancestral territories.
(b) (1) The Secretary of the Natural Resources Agency, in consultation with its departments, commissions, boards, conservancies, and other entities, may enter into written agreements with federally recognized California Native American tribes in support of tribal sovereignty with respect to cultural burning in their ancestral territories. In deference to tribal sovereignty, the secretary may agree in a written agreement regarding cultural burning that compliance with either of the following is not required:
(A) The state permitting or regulatory requirements in Article 3 (commencing with Section 4491).
(B) The burn plan requirements in subdivision (e) of Section 4500.
(2) The Secretary of the Natural Resources Agency shall consult with federally recognized California Native American tribes on the implementation of paragraph (1).
(3) (A) Local air districts may enter into written agreements with federally recognized California Native American tribes in support of tribal sovereignty with respect to cultural burning in their ancestral territories.
(B) A local air district may agree in a written agreement regarding cultural burning that compliance with its permitting, regulatory, or administrative requirements is not required.
(C) In the event of a disagreement between a local air district and a tribe in developing or implementing an agreement, the Secretary for Environmental Protection shall assist in resolving the disagreement.
(4) The Secretary of the Natural Resources Agency or the local air district shall provide a copy of a final written agreement developed under this subdivision to the Deputy Secretary for Tribal Affairs at the Natural Resources Agency. In addition, a local air district shall provide a copy of a final written agreement developed under this subdivision to the State Air Resources Board.
(c)  Nothing in this section provides authorization to enter or burn property without the permission of the landowner.
(d) Any state or local agency operating within a federally recognized California Native American tribe’s ancestral territory, including a local air district and a regional water quality control board, is highly encouraged to collaboratively work together with federally recognized California Native American tribes to create conditions that support cultural burning.
(e) A cultural burn conducted with an agreement developed under this section shall meet the permit requirements of Section 3333.8 of the Civil Code.
(f) This section does not 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.
(g) An agreement reached under this section shall include a clear description of the area covered by the agreement and an attestation that the area is within the boundaries of the tribe’s ancestral territory.
(h) This article shall remain in effect only until January 1, 2030, and as of that date is repealed.