California 2017-2018 Regular Session Status: In Committee 1 R cosponsors

AB 2585 — Prescribed burns: burn managers: liability.

Last action — In committee: Set, second hearing. Hearing canceled at the request of author.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes a person, firm, or corporation, or a group or combination of persons, firms, corporations, or groups, that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area, as defined, to apply to the Department of Forestry and Fire Protection for permission to utilize prescribed burning for specified public purposes. This bill would provide that a property owner and his or her agent conducting a prescribed burn, as defined, shall not be liable for damage or injury caused by fire or smoke, unless negligence is proven, when the prescribed burn meets specified conditions, including that the prescribed burn in conducted under the supervision of a certified prescribed burn manager, as defined, and proper burn permits have been obtained from all appropriate state and local agencies. The bill would require the department, on or before January 1, 2020, to develop a training and certification program for prescribed burn managers. The bill would require the department, on or before July 1, 2020, subject to the receipt of funding, to secure an insurance policy to provide compensation for any injuries or property damage resulting from a prescribed burn operation performed according to the above provisions. The bill would require prescribed burn managers, companies engaging in prescribed burn operations, small landowners, and fire safe councils to be covered under the liability insurance policy. The bill would provide that compliance with specified department burning contracts or with a specified burn permit shall constitute prima facie evidence of due diligence for purposes of determining liability under specified provisions of law and that any person or entity that has been issued the burn permit may use fire to abate a fire hazard. The bill would express intent of the Legislature that, among other things, the department (1) dedicate adequate numbers of staff solely to prescribed burning and vegetation management activities, and (2) make spot weather forecasting available to entities engaged in these burning contracts and to entities that have been issued the burn permit.

Bill Text

Action History

  1. In committee: Set, second hearing. Hearing canceled at the request of author.

  2. In committee: Set, first hearing. Hearing canceled at the request of author.

  3. Re-referred to Com. on NAT. RES.

  4. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

  5. Referred to Coms. on NAT. RES. and JUD.

  6. From printer. May be heard in committee March 18.

  7. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety environment
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Frequently asked questions

What does AB 2585 do?
Existing law authorizes a person, firm, or corporation, or a group or combination of persons, firms, corporations, or groups, that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area, as defined, to apply to the Department of Forestry and Fire Protection for permission to utilize prescribed burning for specified public purposes. This bill would provide that a property owner and his or her agent conducting a prescribed burn, as defined, shall not be liable for damage or injury caused by fire or smoke, unless negligence is proven, when the prescribed burn meets specified conditions, including that the prescribed burn in conducted under the supervision of a certified prescribed burn manager, as defined, and proper burn permits have been obtained from all appropriate state and local agencies. The bill would require the department, on or before January 1, 2020, to develop a training and certification program for prescribed burn managers. The bill would require the department, on or before July 1, 2020, subject to the receipt of funding, to secure an insurance policy to provide compensation for any injuries or property damage resulting from a prescribed burn operation performed according to the above provisions. The bill would require prescribed burn managers, companies engaging in prescribed burn operations, small landowners, and fire safe councils to be covered under the liability insurance policy. The bill would provide that compliance with specified department burning contracts or with a specified burn permit shall constitute prima facie evidence of due diligence for purposes of determining liability under specified provisions of law and that any person or entity that has been issued the burn permit may use fire to abate a fire hazard. The bill would express intent of the Legislature that, among other things, the department (1) dedicate adequate numbers of staff solely to prescribed burning and vegetation management activities, and (2) make spot weather forecasting available to entities engaged in these burning contracts and to entities that have been issued the burn permit.
Who sponsors AB 2585?
AB 2585 is sponsored by Patterson, Joe (Republican).
What is the current status of AB 2585?
This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2585?
Track AB 2585 free on One Click Politics — get push/email alerts when it moves.

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