California 2021-2022 Regular Session Status: Enacted

SB 332 — Civil liability: prescribed burning operations: gross negligence.

Last action — Chaptered by Secretary of State. Chapter 600, Statutes of 2021.

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

This bill has been enacted into law. Introduced February 08, 2021. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law makes a person who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by the person to escape onto any public or private property liable for the fire suppression costs incurred in fighting the fire, the cost of providing rescue or emergency medical services, the cost of investigating and making any reports with respect to the fire, and the costs relating to accounting for the fire and the collection of specified funds. Existing law authorizes the Director of Forestry and Fire Protection to enter into an agreement, including a grant agreement, for prescribed burning 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 as the burn boss with final authority regarding the prescribed burning 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 prohibits a person from knowingly setting or permitting agricultural burning unless that person has a valid permit, as specified. Existing law prohibits, among other things, a person from setting fire or causing fire to be set to any forest, brush, or other flammable material that is on any land that is not the person's own, or under the person's legal control, without the permission of the owner, lessee, or agent of the owner or lessee of the land. This bill would provide 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, that the burn be for the purpose of wildland fire hazard reduction, ecological maintenance and restoration, cultural burning, silviculture, or agriculture, and that, when required, a certified burn boss review and approve a written prescription for the burn. The bill would provide that any person whose conduct constitutes gross negligence shall not be entitled to immunity from fire suppression or other costs otherwise recoverable, as specified. The bill would define terms for its purposes.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 600, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2352.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 2603.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 16. Noes 0.) (August 26).

  9. August 19 set for first hearing. Placed on suspense file.

  10. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (July 7). Re-referred to Com. on APPR.

  11. Read second time and amended. Re-referred to Com. on NAT. RES.

  12. From committee: Do pass as amended and re-refer to Com. on NAT. RES. (Ayes 11. Noes 0.) (June 22).

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

  14. In Assembly. Read first time. Held at Desk.

  15. Read third time. Passed. (Ayes 38. Noes 0. Page 1392.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

  17. Ordered to second reading.

  18. Read third time and amended.

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 7. Noes 0. Page 1188.) (May 20).

  21. Set for hearing May 20.

  22. May 17 hearing: Placed on APPR suspense file.

  23. Set for hearing May 17.

  24. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  25. Read second time and amended. Ordered to third reading.

  26. From committee: Do pass as amended. (Ayes 11. Noes 0. Page 1019.) (May 4).

  27. Set for hearing May 4.

  28. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  29. (Ayes 32. Noes 4.)

  30. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  31. Referred to Com. on JUD.

  32. From printer. May be acted upon on or after March 11.

  33. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Dodd · Primary
  • Wood · Cosponsor
  • Vince Fong · Cosponsor

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Dodd

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Votes

Unfinished Business SB332 Dodd et al. Concurrence

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 23000
Democratic 12001
Republican 4000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Bradford — Yea
Eggman — Yea
Pan — Yea
Hueso — Yea
Min — Yea
Portantino — Yea
Gonzalez — Yea
Newman — Yea
Nielsen — Yea
Dodd — Yea
Wilk — Yea
Kamlager — Yea
Melendez — Yea
Roth — Yea
Rubio — Yea
Skinner — Yea
Hertzberg — Yea
Glazer — Yea
Leyva — Yea
Bates — Yea
Wieckowski — Yea
Borgeas — Yea
Atkins — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

SB 332 Dodd Senate Third Reading By Wood

Passed 78 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 25001
Republican 9000
Unaffiliated 44000
Total 78001
% of votes cast 99%0%0%1%
How each member voted (79)
Member Party Vote
Smith — Yea
Cunningham — Yea
Cooper — Yea
Bloom — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Wood — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Maienschein — Yea
Rodriguez — Yea
Kiley — Yea
Nazarian — Yea
Ting — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Villapudua — Yea
Salas — Yea
Quirk — Yea
Low — Yea
Levine — Yea
Daly — Yea
Gray — Yea
Burke — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Frazier — Yea
Chau — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 6000
Republican 2000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Quirk — Yea
Bigelow — Yea
Chau — Yea
Levine — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Republican 2000
Democratic 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
McCarty — Yea
Wood — Yea
Friedman — Yea
Mathis — Yea
Chau — Yea
Cristina Garcia — Yea
Luz Rivas — Yea
Mark Stone — Yea
Muratsuchi, Al Democratic Yea
Flora, Heath Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Natural Resources]

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Republican 2000
Democratic 2000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Kiley — Yea
Chau — Yea
Chiu — Yea
Holden — Yea
Maienschein — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Davies, Laurie Republican Yea
Gallagher, James Republican Yea

Official roll call →

3rd Reading SB332 Dodd et al.

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 21002
Republican 4000
Democratic 13000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Dodd — Yea
Borgeas — Yea
Roth — Yea
Kamlager — Yea
Atkins — Yea
Rubio — Yea
Wieckowski — Yea
Bates — Yea
Portantino — Yea
Wilk — Yea
Glazer — Yea
Gonzalez — Yea
Skinner — Yea
Newman — Yea
Bradford — Yea
Hueso — Yea
Eggman — Yea
Hertzberg — Yea
Min — Yea
Leyva — Yea
Pan — Yea
Melendez — Not Voting
Nielsen — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Kamlager — Yea
Portantino — Yea
Wieckowski — Yea
Bradford — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4000
Democratic 6000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Wieckowski — Yea
Borgeas — Yea
Gonzalez — Yea
Hertzberg — Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety environment agriculture
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Frequently asked questions

What does SB 332 do?
Existing law makes a person who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by the person to escape onto any public or private property liable for the fire suppression costs incurred in fighting the fire, the cost of providing rescue or emergency medical services, the cost of investigating and making any reports with respect to the fire, and the costs relating to accounting for the fire and the collection of specified funds. Existing law authorizes the Director of Forestry and Fire Protection to enter into an agreement, including a grant agreement, for prescribed burning 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 as the burn boss with final authority regarding the prescribed burning 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 prohibits a person from knowingly setting or permitting agricultural burning unless that person has a valid permit, as specified. Existing law prohibits, among other things, a person from setting fire or causing fire to be set to any forest, brush, or other flammable material that is on any land that is not the person's own, or under the person's legal control, without the permission of the owner, lessee, or agent of the owner or lessee of the land. This bill would provide 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, that the burn be for the purpose of wildland fire hazard reduction, ecological maintenance and restoration, cultural burning, silviculture, or agriculture, and that, when required, a certified burn boss review and approve a written prescription for the burn. The bill would provide that any person whose conduct constitutes gross negligence shall not be entitled to immunity from fire suppression or other costs otherwise recoverable, as specified. The bill would define terms for its purposes.
Who sponsors SB 332?
SB 332 is sponsored by Dodd, Wood, and Vince Fong.
What is the current status of SB 332?
This bill has been enacted into law. Introduced February 08, 2021. Enacted.
Where can I track SB 332?
Track SB 332 free on One Click Politics — get push/email alerts when it moves.

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