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AB-575 Civil liability: prescribed burning activities: gross negligence.(2021-2022)

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Date Published: 02/11/2021 09:00 PM
AB575:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 575


Introduced by Assembly Member Fong

February 11, 2021


An act to add Section 3333.8 to the Civil Code, relating to civil liability.


LEGISLATIVE COUNSEL'S DIGEST


AB 575, as introduced, Fong. Civil liability: prescribed burning activities: gross negligence.
Existing law authorizes the Director of Forestry and Fire Protection to enter into an agreement, including a grant agreement, for prescribed burning operations or other hazardous fuel reduction efforts with any person for specified purposes. Existing law requires the agreement to designate an officer of the Department of Forestry and Fire Protection or a certified burn boss with the final authority regarding the prescribed burn operation and to specify the duties of, and the precautions taken by, the person contracting with the department and any personnel furnished by that person. Existing law requires the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for a certification program for burn bosses.
This bill would provide that a private entity engaging in a prescribed burning activity that is supervised by a person certified as burn boss is liable for damages to a third party only if the prescribed burning activity was carried out in a grossly negligent manner.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 3333.8 is added to the Civil Code, to read:

3333.8.
 Notwithstanding any other law, a private entity engaging in a prescribed burning activity that is supervised by a person certified as a burn boss pursuant to Section 4477 of the Public Resources Code shall be liable for damages to a third party only if the prescribed burning activity was carried out in a grossly negligent manner.