Bill Text: CA SB310 | 2023-2024 | Regular Session | Amended

California Senate Bill 310 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Prescribed fire: civil liability: cultural burns.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2024-09-27 - Chaptered by Secretary of State. Chapter 666, Statutes of 2024. [SB310 Detail]

Download: California-2023-SB310-Amended.html

Amended IN Senate March 30, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 310

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

SB 310, as amended, 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 Secretary of the Natural Resources Agency to enter into agreements with California Native American tribes in support of tribal sovereignty with respect to cultural burning. 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. provide that, in deference to tribal sovereignty, the secretary may agree that compliance with state permitting or regulatory requirements relating to burning, as provided, is not required.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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 burn boss, as defined in paragraph (1) of subdivision (a) of Section 4500 of the Public Resources 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 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 sustenance, ceremonial activities, biodiversity, or other benefits.

(f) “Cultural fire practitioner” means a person recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including 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 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 recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including for 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:

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.
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. Tribal Sovereignty with Respect to Cultural Burning

4505.
(a) The Legislature finds and declares that California Native American tribes retain sovereignty with respect to cultural burning within their ancestral territories.
(b) The Secretary of the Natural Resources Agency may enter into agreements with California Native American tribes in support of tribal sovereignty with respect to cultural burning. In deference to tribal sovereignty, the secretary may agree that compliance with state permitting or regulatory requirements relating to burning is not required. These requirements include, but are not limited to, those in Article 3 (commencing with Section 4491) of this chapter, 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.
(c) For purposes of this article, “ancestral territory” means the area over which a California Native American tribe exercises jurisdiction pursuant to its constitution.