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SB-1260 Fire prevention and protection: prescribed burns.(2017-2018)

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Date Published: 04/10/2018 04:00 AM
SB1260:v98#DOCUMENT

Amended  IN  Senate  April 09, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1260


Introduced by Senator Jackson

February 15, 2018


An act to amend Sections 65302.5 51179, 65302.5, and 66474.02 of the Government Code, to amend Sections 13008 and 13055 of, and to add Section 13105.6 to, of the Health and Safety Code, and to amend Section 4475.5 Sections 4475, 4476, and 4479, and to amend the heading of Article 2 (commencing with Section 4475) of Chapter 7 of Part 2 of Division 4 of, to add Sections 4114.3, 4482, and 4483 to, to add Article 4 (commencing with Section 4495) to Chapter 7 of Part 2 of Division 4 of, and to add and repeal Section 4481 of, to repeal Sections 4475.1, 4475.5, 4478, and 4480 of, and to repeal and add Section 4477 of, the Public Resources Code, relating to fire prevention.


LEGISLATIVE COUNSEL'S DIGEST


SB 1260, as amended, Jackson. Fire prevention and protection: prescribed burns.
(1) Existing law requires a local agency to designate, by ordinance, very high fire hazard severity zones in its jurisdiction, as provided in connection with a state program for fire prevention.
This bill would require the local agency to transmit a copy of the adopted ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption. By imposing a new duty on a local agency, the bill would impose a state-mandated local program.

(1)

(2) Existing law requires each planning agency to prepare, and the legislative body of each county and city to adopt, a comprehensive, long-term general plan, including a safety element, for the physical development of the county or city, as provided. Existing law requires the draft element of, or draft amendment to, the safety element of a county or city’s general plan to be submitted to the State Board of Forestry and Fire Protection and to every local agency that provides fire protection to territory within the city or county at least 90 days prior to specified events.
This bill would instead require the draft element of, or draft amendment to, the safety element be submitted to the above-described entities 180 days prior to the specified events. By requiring a higher level of service from a local agency with respect to the submittal of a safety element, the bill would impose a state-mandated local program.

(2)

(3) The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency, and sets forth procedures governing the local agency’s processing, approval, conditional approval, or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period. Before approving a tentative map, or a parcel map for which a tentative map was not required, for an area located in a state responsibility area or a very high fire hazard severity zone, existing law requires the local agency to make specified findings, including that the design and location of each lot in the subdivision and the subdivision as a whole are consistent with any regulations adopted by the Board of Forestry and Fire Protection relating to buildings or structures in hazardous fire areas or mountainous, forest, brush, and grass-covered lands, as specified.
This bill would instead require a finding that the subdivision is consistent with any regulations adopted by the board relating to buildings or structures in hazardous fire areas. the areas described above. The bill would require the local agency, upon approval of the tentative map in specified situations, to transmit a copy of the findings and maps to the board, thereby imposing a state-mandated local program.
The act also requires the local agency to make a finding that, to the extent practicable, ingress and egress for the subdivision meet regulations regarding road standards for fire equipment access, as provided.
This bill would delete this provision.

(3)

(4) 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 either the owner or any other person who has legal control of any property, any public agency with regulatory or natural resource management authority over any property that is included within any wildland, or any nonprofit organization for specified purposes. Existing law provides that a person who allows a fire upon his or her property to escape to the public or private property of another, without exercising due diligence to control the fire, is liable to the owner of the property for the damages to the property caused by the fire.
This bill would provide that compliance with the provisions of law relating to prescribed burning-operation agreements with the director shall constitute prima facia evidence of due diligence with respect to the above provision relating to fire liability. The bill would require the Department of Forestry and Fire Protection to cooperate with private and public landowners in prescribed fire activities, as provided. The bill would require, to the extent feasible, the department’s State Board of Forestry and Fire Protection’s Vegetation Management Treatment Program Programmatic Environmental Impact Report, when certified, to serve as the programmatic environmental document for prescribed burns in the Sierra-Cascade, central coast, and north coast regions of the state, as provided.
Existing law requires any contract entered into pursuant to the above provisions to clearly state the obligations of each party, specify the value assigned, as provided, and specify the total costs of the prescribed burning operation or other hazardous fuel reduction, as provided. Existing law provides that in certain situations, the amount of moneys due to the state shall become a lien upon the property and that any money recovered shall be credited to the department’s current support appropriation as a reimbursement. Existing law authorizes the director, in certain circumstances, to enter into an agreement with private consultants or contractors or with other public agencies for furnishing all or a part of the state’s share of the responsibility for a burning operation, as provided.
This bill would delete these provisions.
Existing law authorizes the department to purchase 3rd-party liability policy of insurance, as provided. Existing law provides that if the department elects not to purchase insurance, the department shall agree to indemnify and hold harmless the person or public agency contracting with the department with respect to liability arising out of performance of the contract.
This bill would also give the department the option, if it elects not to purchase insurance, to determine proportionate share of liability, as provided.

(4)

(5) Existing law authorizes a person, firm, corporation, or a group or combination thereof, that owns or controls brush-covered land, forest land, woodland, grassland, shrubland, or any combination thereof, within a state responsibility area to apply to the Department of Forestry and Fire Protection for permission to utilize prescribed burning operations for specified public purposes. Existing law authorizes various public agencies to use fire to abate fire hazards.
This bill would provide that a person, firm, corporation, or a group or combination thereof, that owns or controls brush-covered land, forest land, woodland, grassland, shrubland, or any combination thereof, within a state responsibility area authorized by the department to utilize prescribed burning operations for specified public purposes is also authorized to use fire to abate a fire hazard. This bill would authorize a person, until January 1, 2039, with a valid fire boss certificate, as provided, to apply for the prescribed burning permit on behalf of the person or entities described above. above, and would authorize the department, in specified situations, to appoint a burn boss.
The bill would require the department and the State Air Resources Board to develop and fund a program, upon appropriation, to enhance air quality and smoke monitoring, and to provide a public awareness campaign regarding prescribed burns.

(5)

(6) Existing law requires the State Fire Marshal to establish a program of fire prevention training for fire prevention inspectors employed by local fire protection agencies.
This bill would require the State Fire Marshal, on or before January 1, 2021, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum, or amend an existing curriculum, for a certification program for fire bosses, as provided.
The bill would require the Department of Forestry and Fire Protection to develop a training program for prescribed fire users to certify professionals in any agency or organization as fire bosses. The bill would require the department to certify these individuals to a common standard.

(6)

(7) Existing law requires the Department of Forestry and Fire Protection to do certain things, including, but not limited to, providing fire prevention and firefighting implements and apparatus.
This bill would require the department, by working with specified entities, to enhance the department’s education efforts regarding fire prevention and public safety. The bill would authorize the department to establish a grant program, upon appropriation by the Legislature, for these purposes.

(7)

(8) Existing law authorizes the state to assume a proportionate share of the costs of site preparation, prescribed burning operations, or other hazardous fuel reduction efforts conducted on wild lands other than wildlands under the jurisdiction of the federal government. Existing law requires the State Board of Forestry and Fire Protection to establish regulations establishing standards to be used by the Director of Forestry and Fire Protection in determining the state’s share of the cost. Existing law authorizes the director to accept grants and donations of equipment, materials, or funds from any source for the purpose of supporting or facilitating prescribed burning or other hazardous fuels reduction work, as provided. Existing law authorizes the director to enter into a master agreement with federal land management agencies to conduct joint prescribed burning operations on wild lands and federal lands, as provided.

This bill would delete the cost-share restriction on wild lands under federal jurisdiction.

This bill would delete these provisions.

(8)

(9) This bill would make legislative findings and declarations as to the necessity of a special statute for the Sierra-Cascade, central coast, and north coast regions of the state.

(9)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(10) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) For millennia, fire has shaped and renewed the ecosystems of California’s forest lands. In many parts of the state, historical fire regimes were frequent, with fires occurring as often as every five to 15 years. Some of these fires were naturally ignited by lightning, but fire was also an important tool for Native Americans, who used it to promote the growth of certain plants they relied on for food, medicine, and materials to make baskets, string, and shelter, and which limited the build-up of fuels in forest lands.
(b) For more than a century, states and the federal government have adopted fire suppression policies that have resulted in high fuel accumulations and significant ecological impacts on forest lands. This has been reflected in the increasingly severe fire seasons in recent years with more acres burned at high intensity, increased numbers of large-scale catastrophic fires, significant carbon dioxide and other emissions, problematic and dangerous containment and suppression efforts, increased financial costs, and reductions in resiliency and biodiversity of California’s fire-adapted ecosystems. In addition, implementation of fire suppression policies has impacted tribal communities throughout the state, and continues to threaten cultural resources, practices, ceremonies, and cultural identity.
(c) The 2013 Rim Fire demonstrated the dangers and cost of high fuel accumulations on forest lands. The Rim Fire burned more than 250,000 acres over a period of 69 days, caused at least hundreds of millions of dollars in economic and environmental damage, destroyed significant habitats for a number of California’s rarest animals, blanketed large swaths of northern California and northern Nevada with thick smoke impacting 7 million people per day with poor air quality, threatened reservoirs, such as Hetch Hetchy, and demanded more than $125 million in firefighting costs. The fire caused the Governor to declare states of emergency in the Counties of Mariposa, San Francisco, and Tuolumne, and the President of the United States to make a Major Disaster Declaration. According to federal forest ecologists, the Rim Fire’s exponential growth was tied to a century’s worth of fuel left behind due to historic policies of fire suppression and fire exclusion. The lack of fire over the years had led to overgrown and unhealthy forests. In fact, the fire slowed only after hitting areas that had burned in the past two decades due to prescribed and natural burns.
(d) Many states and the federal government have been taking measures to increase the use of prescribed burning as a vegetation management tool to reduce the naturally occurring buildup of vegetative fuels on forest lands, thereby reducing the risk and severity of wildfires and lessening the loss of life and property. The United States Fish and Wildlife Service, Bureau of Indian Affairs, National Park Service, United States Forest Service, Bureau of Land Management, and United States Fire Administration are part of an interagency strategy that has adopted direction and guidance for prescribed burn planning and implementation. These agencies have created a formal prescribed fire plan template as part of this effort. Moreover, several states have laws that promote prescribed burning, and approximately one-half of the states in the country have prescribed fire councils.
(e) Prescribed burning is recognized as an important tool in the Department of Forestry and Fire Protection’s 2010 Strategic Fire Plan for California. This plan includes the objective of increasing “public education and awareness in support of ecologically sensitive and economically efficient vegetation management activities, including prescribed fire, forest thinning and other fuels treatment projects.”
(f) In addition to reducing the frequency and severity of wildfires, prescribed burning of forest lands helps to prepare sites for replanting and natural seeding, to control insects and diseases, and to increase productivity. It is also an important tool for increasing the fire resilience and heterogeneity of California’s diverse landscapes, and for creating, restoring, and maintaining critical habitats, resources, and ecosystem services. Importantly, prescribed burning also supports public health by reducing emissions associated with more catastrophic wildfires.
(g) Prescribed burning is often the most cost-effective, efficient fuel treatment option for forest lands. This is especially true in areas dominated by steep terrain or lack of vehicular access. In some circumstances, costs may be a challenge when preburn thinning is required to avoid fire escape during burns. In California, some of these costs may be offset through existing timber harvest permit exemptions (for example, the Forest Fire Prevention Pilot Project Exemption) that allow landowners to harvest timber to offset the cost of thinning or burning.
(h) While prescribed burning inherently creates wood smoke, this smoke pales in comparison to the air quality issues created by catastrophic wildfires. Therefore, by reducing the threat of catastrophic wildfires, prescribed burning can have net air quality benefits that are significant to protecting public health.
(i) California needs to develop a training curriculum for firefighters to become proficient in prescribed fire and should use certified professionals as fire bosses even while the training curriculum is enhanced.
(j) Forest ecosystems are crucial for absorbing and storing atmospheric carbon; however, catastrophic wildfires impede the forest’s ability to sequester carbon. Accelerating the pace and scale of prefire treatments, such as prescribed fire, promises to help modify future wildfire impacts and thus protect our forests’ ability to sequester carbon.
(k) Though prescribed burning is widely recognized as an effective, powerful management tool, it is complex in nature and highly regulated. Despite the fact that prescribed fire is often the only option in portions of California, successful implementation of prescribed burning requires careful planning, specific weather conditions, qualified crews, funding, public support, and compliance with various laws and regulations. These variables can make it difficult for managers to utilize prescribed burning.
(l) To limit the threat of catastrophic wildfires and to improve forest health, it is a priority of the state to have an effective prescribed burning program that is developed collaboratively with federal agencies and crafted by prescribed burning experts at state public universities, public agencies, nonprofit entities, private landowners, and other relevant organizations. It is also a priority of the state that its a prescribed burning program should assist forest landowners in exercising due diligence to control prescribed burning so as to prevent fire escape. By promoting due diligence, the state will be protecting the public, reducing the risk of landowner liability, and taking steps to encourage more responsible prescribed burning.
(m) Considerable expertise exists in universities, resource conservation districts, fire safe councils, and other entities that should be employed more widely and more strategically to provide non-regulatory information to property owners, homeowners, and local governments. This information could relate to defensible space around homes, restoring prescribed fires on a regularized basis to the landscape, information about smoke monitoring from prescribed fires, hardening residences to improve resistance to wildfires, evacuation routes, land management that improves fire resiliency or carbon sequestration, and activities or programs that improve public safety, among other things.

SEC. 2.

 It is the intent of the Legislature to enact Legislation that would fund the removal of dead trees that may cause a public safety concern from private homes in areas affected by tree mortality and in high fire hazard severity zones. This may be undertaken in conjunction with local governments. It is not the intent that this change the responsibility of homeowners to undertake defensible space measures as required by state law and many local ordinances. This incentive to homeowners should be accompanied with greater enforcement of defensible space requirements.

SEC. 3.

 It is the intent of the Legislature to enact Legislation to create a cost-share program, a revolving loan program, or a subordinate debt financing mechanism to help homeowners, especially those with limited incomes, who live in high fire hazard zones, state responsibility areas, or areas in which there is a high degree of tree mortality, to retrofit their homes to improve resistance to wildfire. Eligible improvements would include, but would not be limited to, retrofitting windows, vents, soffits, eaves, roofs, decks, and other structural components of a structure. These improvements would be cost-effective in that not only would the structures become more fire-resistant, but the state’s fire suppression costs may be reduced significantly, including the potential elimination of the need to put a fire engine in the driveway of the houses that have been retrofitted. It is the intent that retrofitting pursuant to this section would occur on all structures in the state, including those within homeowners’ associations.

SEC. 4.

 Section 51179 of the Government Code is amended to read:

51179.
 (a) A local agency shall designate, by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the director pursuant to subdivisions (b) and (c) of Section 51178. The local agency shall transmit a copy of the adopted ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption. A local agency shall be exempt from this requirement these requirements if ordinances of the local agency, adopted on or before December 31, 1992, impose standards that are equivalent to, or more restrictive than, the standards imposed by this chapter.
(b) A local agency may, at its discretion, exclude from the requirements of Section 51182 an area identified as a very high fire hazard severity zone by the director within the jurisdiction of the local agency, following a finding supported by substantial evidence in the record that the requirements of Section 51182 are not necessary for effective fire protection within the area.
(c) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the director, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section 51182 are necessary for effective fire protection within the area.
(d) Changes made by a local agency to the recommendations made by the director shall be final and shall not be rebuttable by the director.
(e) The State Fire Marshal shall prepare and adopt a model ordinance that provides for the establishment of very high fire hazard severity zones.
(f) Any ordinance adopted by a local agency pursuant to this section that substantially conforms to the model ordinance of the State Fire Marshal shall be presumed to be in compliance with the requirements of this section.
(g) A local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the director pursuant to Section 51178. If the agency amends the map, pursuant to subdivision (b) or (c) of this section, the notice shall instead identify the location of the amended map.

SEC. 4.SEC. 5.

 Section 65302.5 of the Government Code is amended to read:

65302.5.
 (a) At least 45 days prior to adoption or amendment of the safety element, each county and city shall submit to the California Geological Survey of the Department of Conservation one copy of a draft of the safety element or amendment and any technical studies used for developing the safety element. The division may review drafts submitted to it to determine whether they incorporate known seismic and other geologic hazard information, and report its findings to the planning agency within 30 days of receipt of the draft of the safety element or amendment pursuant to this subdivision. The legislative body shall consider the division’s findings prior to final adoption of the safety element or amendment unless the division’s findings are not available within the above prescribed time limits or unless the division has indicated to the city or county that the division will not review the safety element. If the division’s findings are not available within those prescribed time limits, the legislative body may take the division’s findings into consideration at the time it considers future amendments to the safety element. Each county and city shall provide the division with a copy of its adopted safety element or amendments. The division may review adopted safety elements or amendments and report its findings. All findings made by the division shall be advisory to the planning agency and legislative body.
(b) (1) The draft element of or draft amendment to the safety element of a county or a city’s general plan shall be submitted to the State Board of Forestry and Fire Protection and to every local agency that provides fire protection to territory in the city or county at least 180 days prior to either of the following:
(A) The adoption or amendment to the safety element of its general plan for each county that contains state responsibility areas.
(B) The adoption or amendment to the safety element of its general plan for each city or county that contains a very high fire hazard severity zone as defined pursuant to subdivision (i) of Section 51177.
(2) A county that contains state responsibility areas and a city or county that contains a very high fire hazard severity zone as defined pursuant to subdivision (i) of Section 51177 shall submit for review the safety element of its general plan to the State Board of Forestry and Fire Protection and every local agency that provides fire protection to territory in the city or county in accordance with the following dates, as specified, unless the local government submitted the element within five years prior to that date:
(A) Local governments within the regional jurisdiction of the San Diego Association of Governments: December 31, 2010.
(B) Local governments within the regional jurisdiction of the Southern California Association of Governments: December 31, 2011.
(C) Local governments within the regional jurisdiction of the Association of Bay Area Governments: December 31, 2012.
(D) Local governments within the regional jurisdiction of the Council of Fresno County Governments, the Kern County Council of Governments, and the Sacramento Area Council of Governments: June 30, 2013.
(E) Local governments within the regional jurisdiction of the Association of Monterey Bay Area Governments: December 31, 2014.
(F) All other local governments: December 31, 2015.
(3) The State Board of Forestry and Fire Protection shall, and a local agency may, review the draft or an existing safety element and recommend changes to the planning agency within 60 days of its receipt regarding both of the following:
(A) Uses of land and policies in state responsibility areas and very high fire hazard severity zones that will protect life, property, and natural resources from unreasonable risks associated with wildland fires.
(B) Methods and strategies for wildland fire risk reduction and prevention within state responsibility areas and very high fire hazard severity zones.
(4) Prior to the adoption of its draft element or draft amendment, the board of supervisors of the county or the city council of a city shall consider the recommendations, if any, made by the State Board of Forestry and Fire Protection and any local agency that provides fire protection to territory in the city or county. If the board of supervisors or city council determines not to accept all or some of the recommendations, if any, made by the State Board of Forestry and Fire Protection or local agency, the board of supervisors or city council shall communicate in writing to the State Board of Forestry and Fire Protection or the local agency, its reasons for not accepting the recommendations.
(5) If the State Board of Forestry and Fire Protection’s or local agency’s recommendations are not available within the time limits required by this section, the board of supervisors or city council may act without those recommendations. The board of supervisors or city council shall take the recommendations into consideration the next time it considers amendments to the safety element.

SEC. 5.SEC. 6.

 Section 66474.02 of the Government Code is amended to read:

66474.02.
 (a) Before approving a tentative map, or a parcel map for which a tentative map was not required, for an area located in a state responsibility area or a very high fire hazard severity zone, as both are defined in Section 51177, a legislative body of a county shall, except as provided in subdivision (b), make the following three findings:
(1) A finding supported by substantial evidence in the record that the subdivision is consistent with applicable regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section Sections 4290 and 4291 of the Public Resources Code.
(2) A finding supported by substantial evidence in the record that structural fire protection and suppression services will be available for the subdivision through any of the following entities:
(A) A county, city, special district, political subdivision of the state, or another entity organized solely to provide fire protection services that is monitored and funded by a county or other public entity.
(B) The Department of Forestry and Fire Protection by contract entered into pursuant to Section 4133, 4142, or 4144 of the Public Resources Code.

(3)A finding that, to the extent practicable, ingress and egress for the subdivision meet or exceed the requirements of the regulations regarding road standards for fire equipment access adopted pursuant to Section 4290 of the Public Resources Code and any applicable local ordinance.

(4)

(3) Upon approving a tentative map, or a parcel map for which a tentative map was not required, for an area located in a state responsibility area or a very high fire hazard severity zone, as both are defined in Section 51177, a legislative body of a county shall transmit a copy of the findings required in this subdivision and accompanying maps to the State Board of Forestry and Fire Protection.
(b) (1) Subdivision (a) does not apply to the approval of a tentative map, or a parcel map for which a tentative map was not required, that would subdivide land identified in the open space element of the general plan for the managed production of resources, including, but not limited to, forest land, rangeland, agricultural land, and areas of economic importance for the production of food or fiber, if the subdivision is consistent with the open space purpose and if, for the subdivision of land that would result in parcels that are 40 acres or smaller in size, those parcels are subject to a binding and recorded restriction prohibiting the development of a habitable, industrial, or commercial building or structure. All other structures shall comply with defensible space requirements described in Section 51182 of this code or Section Sections 4290 and 4291 of the Public Resources Code.
(2) Any later approval to remove a binding restriction placed as a condition of a tentative map, or a parcel map for which a tentative map was not required, that would allow the development of a building or structure for a parcel that has previously been exempted from the requirements of subdivision (a) pursuant to paragraph (1) of this subdivision shall be subject to the requirements of subdivision (a).
(c) This section does not supersede regulations established by the State Board of Forestry and Fire Protection or local ordinances that provide equivalent or more stringent minimum requirements than those contained within this section.

SEC. 6.SEC. 7.

 Section 13008 of the Health and Safety Code is amended to read:

13008.
 (a) A person who allows a fire burning upon his or her property to escape to the property of another, whether privately or publicly owned, without exercising due diligence to control the fire, is liable to the owner of the property for the damages to the property caused by the fire.
(b) Compliance with an agreement entered into pursuant to Article 2 (commencing with Section 4475) of Chapter 7 of Part 2 of Division 4 of the Public Resources Code shall constitute prima facie evidence of due diligence.

SEC. 7.SEC. 8.

 Section 13055 of the Health and Safety Code is amended to read:

13055.
 A public agency authorized to engage in fire protection activities, including, but not limited to, a fire protection district, city, city and county, or county fire department, the Department of Forestry, and the United States Forest Service, or a person authorized pursuant to Article 3 (commencing with Section 4491) of the Public Resources Code, may use fire to abate a fire hazard.

SEC. 8.Section 13105.6 is added to the Health and Safety Code, to read:
13105.6.

On or before January 1, 2021, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum, or amend into in an existing curriculum, a certification program for fire bosses, who, pursuant to Section 4476 of the Public Resources Code, possess authority to engage in a prescribed burning operations and to enter into the necessary contracts related to a prescribed burning operations. The curriculum shall provide for the initial certification as well as the continuing education of fire bosses. It is the intent of the Legislature that this curriculum become a regular part of the training of firefighters conducted by the Department of Forestry and Fire Protection and all other appropriate accredited training providers.

SEC. 9.

 Section 4114.3 is added to the Public Resources Code, to read:

4114.3.
 The department shall actively engage University of California Extension Services, fire safe councils, resource conservation districts, and any other entity with demonstrated expertise to enhance its public education efforts regarding fire prevention and public safety. These public education efforts shall include, but are not limited to, educational activities regarding community wildfire protection plans, community fire safe councils, community and private chipping days, defensible space, prescribed fires, hardened residences, compliance with building standards, evacuation routes, activities that promote fire resiliency or achieve carbon-sequestration benefits in the wildland-urban interface and other forest lands, and activities that promote public safety. For purposes of this section, the department shall establish a grant program, upon appropriation by the Legislature, which may include a cost-share program with local government.

SEC. 10.Section 4475.5 of the Public Resources Code is amended to read:
4475.5.

(a)The state may assume a proportionate share of the costs of site preparation and prescribed burning or other hazardous fuel reduction conducted pursuant to this article on wildland. The state’s share of those costs shall bear the same ratio to the total costs of the operation as the public benefits bear to all public and private benefits to be derived from the prescribed burning operation or other hazardous fuel reduction, as estimated and determined by the director. The state’s share of the costs may exceed 90 percent of the total costs of the operation only if the director determines that no direct private economic benefits will accrue or will be utilized by a person that owns or controls any property under contract pursuant to Section 4475.

(b)The board shall adopt regulations establishing standards to be used by the director in determining the state’s share of these costs and in determining whether, pursuant to Section 4475, the public benefits of a prescribed burning operation or other hazardous fuel reduction will equal or exceed the foreseeable damage therefrom.

(c)The determination of public and private benefits pursuant to this section shall reflect any substantial benefit to be derived from accomplishing any of the purposes specified in Section 4475 and the prevention of degradation of air quality.

(d)All or part of these costs to be borne by the person contracting with the department may be met by the value of materials, services, or equipment furnished by that person directly, or furnished by that person pursuant to an agreement with a private consultant or contractor, or furnished by a combination of both means, that are determined by the department to be suitable for the preparation for, and the conduct of, the prescribed burning operation or other hazardous fuel reduction.

(e)The director may accept grants and donations of equipment, materials, or funds from any source for the purpose of supporting or facilitating the prescribed burning or other hazardous fuels reduction work undertaken pursuant to this chapter. The director may waive the cost sharing requirements of this chapter if the funding source prohibits cost sharing requirements.

SEC. 10.

 The heading of Article 2 (commencing with Section 4475) of Chapter 7 of Part 2 of Division 4 of the Public Resources Code is amended to read:
Article  2. Department of Forestry Burning Contracts Agreements

SEC. 11.

 Section 4475 of the Public Resources Code is amended to read:

4475.
 (a) The director may enter into an agreement, including a grant agreement, for prescribed burning or other hazardous fuel reduction that is consistent with this chapter and the regulations of the board with either the owner or any other person who has legal control of any property, any public agency with regulatory or natural resource management authority over any property property, including the federal government, that is included within any wildland, or any nonprofit organization for any of the following purposes, or any combination of those purposes:
(1) Prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels.
(2) Watershed management.
(3) Range improvement.
(4) Vegetation management.
(5) Forest improvement.
(6) Wildlife habitat improvement.
(7) Air quality maintenance.
(b) An agreement shall not be entered into pursuant to this section unless the director determines that the public benefits estimated to be derived from the prescribed burning or other hazardous fuel reduction pursuant to the agreement will be equal to or greater than the foreseeable damage that could result from the prescribed burning or other hazardous fuel reduction.

SEC. 12.

 Section 4475.1 of the Public Resources Code is repealed.
4475.1.

The director, with the approval of the Director of General Services, may enter into a master agreement with federal land management agencies to conduct joint prescribed burning operations on wild lands and federal lands where these operations serve the public interest and are beneficial to the state. This master agreement shall be known as the Multiagency Agreement for Cooperative Use of Prescribed Fire and shall establish guidelines for the cooperative management of joint prescribed burning operations. The master agreement shall require the completion of a project agreement for each individual prescribed burn which shall include the following:

(a)A list of all participants.

(b)A joint prescribed burn plan.

(c)A display of the project costs to be assumed by each participant.

(d)A summary of the benefits to be received by each participant.

(e)An apportionment of suppression cost to each participant in the event a wildfire escapes from the project.

Project costs to be assumed by each agency or cooperator shall be based on the benefits received by each participant. The apportionment of suppression cost shall be based on the following:

(1)The benefits received by each participant.

(2)The amount at risk of each participant.

(3)The cost to produce the desired benefits received by each participant.

(4)The total acreage included by each participant.

SEC. 13.

 Section 4475.5 of the Public Resources Code is repealed.
4475.5.

(a)The state may assume a proportionate share of the costs of site preparation and prescribed burning or other hazardous fuel reduction conducted pursuant to this article on wild lands other than wild lands under the jurisdiction of the federal government. The state’s share of those costs shall bear the same ratio to the total costs of the operation as the public benefits bear to all public and private benefits to be derived from the prescribed burning operation or other hazardous fuel reduction, as estimated and determined by the director. The state’s share of the costs may exceed 90 percent of the total costs of the operation only if the director determines that no direct private economic benefits will accrue or will be utilized by a person that owns or controls any property under contract pursuant to Section 4475.

(b)The board shall adopt regulations establishing standards to be used by the director in determining the state’s share of these costs and in determining whether, pursuant to Section 4475, the public benefits of a prescribed burning operation or other hazardous fuel reduction will equal or exceed the foreseeable damage therefrom.

(c)The determination of public and private benefits pursuant to this section shall reflect any substantial benefit to be derived from accomplishing any of the purposes specified in Section 4475 and the prevention of degradation of air quality.

(d)All or part of these costs to be borne by the person contracting with the department may be met by the value of materials, services, or equipment furnished by that person directly, or furnished by that person pursuant to an agreement with a private consultant or contractor, or furnished by a combination of both means, that are determined by the department to be suitable for the preparation for, and the conduct of, the prescribed burning operation or other hazardous fuel reduction.

(e)The director may accept grants and donations of equipment, materials, or funds from any source for the purpose of supporting or facilitating the prescribed burning or other hazardous fuels reduction work undertaken pursuant to this chapter. The director may waive the cost sharing requirements of this chapter if the funding source prohibits cost sharing requirements.

SEC. 14.

 Section 4476 of the Public Resources Code is amended to read:

4476.
 Any contract which An agreement that is entered into pursuant to this article shall do all of the following:
(a) Vest in the director the final authority to determine the time during which wild land wildland fuel and structural fire hazards may be burned to minimize the risk of escape of a fire set in a prescribed burning operation and to facilitate maintenance of air quality.

(b)Clearly state the obligation of each party to the contract to provide, maintain, and repair equipment and indicate the number of each type of equipment to be provided and the duration of its availability.

(c)Designate

(b) Except as provided in subdivision (b) of Section 4481, designate an officer of the department as the fire boss with final authority to approve and amend the plan and formula applicable to a prescribed burning operation, to determine that the site has been prepared and the crew and equipment are ready to commence the operation, and to supervise the work assignments of departmental employees and all personnel furnished by the person contracting with the department until the prescribed burning is completed and all fire is declared to be out.

(d)

(c) Specify the duties of, and the precautions taken by, the person contracting with the department and any personnel furnished by that person.

(e)

(d) Provide that any personnel furnished by a person contracting with the department to assist in any aspect of site preparation or prescribed burning or other hazardous fuel reduction shall be an agent of that person for all purposes of workers’ compensation. However, any volunteer recruited or used by the department to suppress a wild land wildland fire originating or spreading from a prescribed burning operation is an employee of the department for all purposes of workers’ compensation.

(f)Specify the value assigned to the materials, services, or equipment furnished by the person contracting with the department in lieu of payment of all or part of that person’s share of the actual costs.

(g)Specify the total costs of the prescribed burning operation or other hazardous fuel reduction and the pro rata share thereof for each party to the contract. Any person contracting with the department shall, prior to the commencement of any work by the department, place on deposit in an interest-bearing escrow or trust account with a California-licensed financial institution an amount equal to that person’s pro rata share of the costs, less the value of materials, services, or equipment specified pursuant to subdivision (e). Interest earned on the account shall accrue to the depositor and may be separately disbursed from the principal amount upon request of the depositor. Disbursement of funds on deposit in the trust or escrow account shall be authorized by the depositor within 15 days after completion, to the depositor’s satisfaction, of all work specified in the contract to be done by the department.

(h)

(e) Provide that the department may, in its discretion, purchase a third-party liability policy of insurance that provides coverage against loss resulting from a wild land wildland fire sustained by any person or public agency, including the federal government. The amount of the policy, if purchased, shall be determined by the director. The policy shall name the person contracting with the department and the department as joint policyholders. The premium shall be included as a cost prorated as provided in subdivision (g). A certificate of insurance, if purchased, covering each policy shall be attached to or become a part of the contract. agreements. If the department elects not to purchase insurance, the department shall either (1) agree to indemnify and hold harmless the person or public agency contracting with the department with respect to liability arising out of performance of the contract agreement or (2) determine proportionate share of liability between the department and the person or public agency contracting with the department with respect to liability arising out of performance of the agreement.

SEC. 15.

 Section 4477 of the Public Resources Code is repealed.
4477.

If the amount of moneys due the state are not paid as provided in subdivision (e) of Section 4476, such amount shall become a lien upon the property.

(a)Notice of the lien shall be recorded by the department in the office of the county recorder of the county in which the property is situated within one year.

(b)An action to foreclose the lien shall be commenced by the Attorney General in the name of the people of the State of California within six months after the lien is filed and recorded.

(c)When the property is sold, enough of the proceeds to satisfy the lien and the costs of the foreclosure shall be paid to the state and the surplus, if any, shall be paid to the owner of the property.

SEC. 16.

 Section 4477 is added to the Public Resources Code, to read:

4477.
 (a) On or before January 1, 2021, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum for, or amend into in an existing curriculum, a certification program for fire bosses, who, pursuant to Section 4476, possess authority to engage in a prescribed burning operations and to enter into the necessary contracts related to a prescribed burning operations. The curriculum shall provide for the initial certification as well as the continuing education of fire bosses. It is the intent of the Legislature that this curriculum become a regular part of the training of firefighters conducted by the Department of Forestry and Fire Protection and all other appropriate accredited training providers.
(b) In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall develop a training program for prescribed fire users to certify professionals in any agency or organization as fire bosses. The department shall certify these individuals to a common standard.

SEC. 17.

 Section 4478 of the Public Resources Code is repealed.
4478.

All moneys received by the department pursuant to this article shall be credited to the department’s current support appropriation as a reimbursement.

SEC. 18.

 Section 4479 of the Public Resources Code is amended to read:

4479.
 Liability for any costs incurred by the department in suppressing any wildland fire originating or spreading from a prescribed burning operation conducted pursuant to a contract an agreement entered into pursuant to this article shall be governed by subdivision (b) of Section 13009 of the Health and Safety Code.

SEC. 19.

 Section 4480 of the Public Resources Code is repealed.
4480.

In any area of the state where there are substantially more requests for prescribed burning operations or other hazardous fuel reduction pursuant to this article than can be conducted directly by the department in a single fiscal year, the director may, with the approval of the Director of Finance, enter into an agreement with private consultants or contractors or with other public agencies for furnishing all or a part of the state’s share of the responsibility for planning the operation, preparing the site, and conducting the prescribed burning or other hazardous fuel reduction. The private consultant or contractor or other public agency, and the work assignments of its employees, shall be supervised by the fire boss when conducting prescribed burning operations, or designated officer of the department when conducting other hazardous fuel reduction, as provided in subdivision (c) of Section 4476. No agreement may be entered into pursuant to this section unless the director determines that it will enable the prescribed burning operation to be conducted at a cost equal to, or less than, the cost that would otherwise be incurred by the state.

SEC. 11.SEC. 20.

 Section 4481 is added to the Public Resources Code, to read:

4481.
 (a) A person possessing a valid fire boss certification as approved by the California Incident Command Certification System or the National Wildlife Coordinating Group may apply for a permit pursuant to Section 4492 on behalf of a person or entity listed in Section 4492.
(b) The director may appoint a fire boss with valid fire boss certification, as described in subdivision (a), who is not an officer of the department, for purposes of subdivision (b) of Section 4476.

(b)

(c) For the purposes of this article, the terms “burn boss” and “fire boss” are interchangeable.

(c)

(d) This section shall remain in effect only until January 1, 2039, and as of that date is repealed.

SEC. 12.SEC. 21.

 Section 4482 is added to the Public Resources Code, to read:

4482.
 The department shall cooperate with private and public landowners in prescribed fire activities including, but not limited to, site preparation, and other preburn planning and activities. To the extent feasible, the department shall also schedule its personnel, including seasonal staff, to provide all appropriate services to assist in prescribed burning operations. These activities shall utilize the California Conservation Corps, local conservation corps, and California minimum-custody inmates. The department may consider establishing one or more separate units to assist with annual prescribed burning operations. The department’s funding for prescribed fires shall come from existing resources, and shall not diminish the department’s fire suppression activities.

SEC. 13.SEC. 22.

 Section 4483 is added to the Public Resources Code, to read:

4483.
 (a) To the extent feasible, the department’s board’s Vegetation Management Treatment Program Programmatic Environmental Impact Report, when certified, shall serve as the programmatic environmental document for prescribed fires initiated by the department or by a third party for a public purpose pursuant to Section 4491.
(b) The application of subdivision (a) shall be limited to prescribed fires that occur in the Sierra-Cascade, central coast, and north coast regions of the state.
(c) It is the intent of the Legislature that this section alleviate the need for each prescribed fire project to independently comply with the California Environmental Quality Act (Division 13 (commencing with Section 21050)), and instead only require analysis and mitigation of those environmental impacts not analyzed or mitigated in the programmatic environmental document described in subdivision (a).

SEC. 14.SEC. 23.

 Article 4 (commencing with Section 4495) is added to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, to read:
Article  4. Air Quality and Prescribed Burns Program

4495.
 (a) The department and the California State Air Resources Board shall develop and fund a program, upon appropriation by the Legislature, to enhance air quality and smoke monitoring, and to provide a public awareness campaign regarding prescribed burns. The program may include, but not be limited to, purchasing new, year-round air quality monitors.
(b) The State Air Resources Board shall ensure that, to the maximum extent practicable, local air pollution control and air quality management districts are engaged and invited to participate in the development of the program pursuant to this section and that the funding needs of these local districts to implement this program are addressed.

SEC. 15.SEC. 24.

 The Legislature finds and declares that a special statute, pursuant to Section 13 22 of this act, is necessary and that a general statute cannot be made applicable within the meaning of Section 13 of Article IV of the California Constitution because of the unique urgency in the Sierra-Cascade, central coast, and north coast regions relating to their wildfire risk due to tree mortality issues affecting the regions.
SEC. 16.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 25.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.