California 2021-2022 Regular Session Status: Enacted

SB 926 — Prescribed Fire Liability Pilot Program: Prescribed Fire Claims Fund.

Last action — Chaptered by Secretary of State. Chapter 606, Statutes of 2022.

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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 07, 2022. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 10 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 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 to apply to the Department of Forestry and Fire Protection (CalFire) for permission to utilize prescribed burning for specified public purposes. Existing law requires, on or before January 1, 2020, the Forest Management Task Force, or its successor entity, in coordination with the Department of Insurance, to develop recommendations for the implementation of an insurance pool or other mechanism for prescribed burn managers that reduces the cost of conducting prescribed fire while maintaining adequate liability protection for lives and property when conducting prescribed burns. This bill would delete the provision requiring the task force to develop recommendations for the implementation of an insurance pool or other mechanisms for prescribed burn managers. The bill would establish, until January 1, 2028, the Prescribed Fire Liability Pilot Program, to be administered by CalFire, to increase the pace and scale of the use of prescribed fire and cultural burning, as defined, and to reduce barriers for conducting prescribed fires and cultural burning. The bill would create the Prescribed Fire Claims Fund in the State Treasury to support coverage for losses from prescribed fires and cultural burning by nonpublic entities, such as cultural fire practitioners, private landowners, and nongovernmental entities. The bill would require that, upon order of the Department of Finance, the $20,000,000 appropriated to CalFire by the Legislature in the Budget Act of 2021 be transferred into the fund, and would provide that all moneys deposited or transferred into the fund be continuously appropriated to CalFire for these purposes. By providing for the continuous appropriation of fund moneys to CalFire, this bill would create an appropriation. The bill would authorize CalFire to contract with any entity, including another state agency, such as the California Insurance Guarantee Association, to administer or assist in administering the fund, including managing and operating the fund, adjusting claims made pursuant to the fund, and paying claims from the fund, as provided. The bill would require CalFire to collaborate with other relevant state agencies, cultural fire practitioners, and burn bosses to establish guidelines governing the program and the administration of the fund and would prescribe minimum requirements for those guidelines. The bill would limit the state's liability for all claims for covered losses established pursuant to the program and the guidelines adopted by CalFire to the amount in the fund. Existing law creates the California Insurance Guarantee Association (CIGA) and requires all insurers admitted to transact specified insurance lines in this state to become members. Under existing law, CIGA pays and discharges covered claims, which are the obligations of an insolvent insurer that meet specified requirements. Existing law requires CIGA to operate pursuant to a plan of operations, and subjects that plan and its amendments to prior written approval of the Insurance Commissioner. This bill would authorize CIGA, until January 1, 2028, to administer the Prescribed Fire Claims Fund, subject to prior written approval by the commissioner. The bill would grant CIGA the authority to handle losses arising from prescribed fires and cultural burning that are supported by the fund if the commissioner grants approval and CalFire contracts with CIGA for that purpose. The bill would limit the state's and CIGA's liability for losses arising from prescribed fires and cultural burning that are supported by the fund and associated costs to the amount in the fund. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 606, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 4935.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Urgency clause adopted. Passed. (Ayes 76. Noes 0. Page 5946.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 11).

  10. August 3 set for first hearing. Placed on suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (June 28). Re-referred to Com. on APPR.

  12. From committee: Do pass and re-refer to Com. on JUD. (Ayes 10. Noes 0.) (June 20). Re-referred to Com. on JUD.

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

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

  15. Read third time. Urgency clause adopted. Passed. (Ayes 38. Noes 0. Page 3984.) Ordered to the Assembly.

  16. Ordered to special consent calendar.

  17. Read second time. Ordered to third reading.

  18. Read second time and amended. Ordered to second reading.

  19. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 3775.) (May 19).

  20. Set for hearing May 19.

  21. April 25 hearing: Placed on APPR suspense file.

  22. Set for hearing April 25.

  23. April 18 hearing postponed by committee.

  24. Set for hearing April 18.

  25. From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 13. Noes 0. Page 3323.) (April 5). Re-referred to Com. on APPR.

  26. Set for hearing April 5.

  27. From committee: Do pass and re-refer to Com. on G.O. with recommendation: To consent calendar. (Ayes 8. Noes 0. Page 3182.) (March 22). Re-referred to Com. on G.O.

  28. From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.

  29. Set for hearing March 22.

  30. Referred to Coms. on N.R. & W. and G.O.

  31. From printer.

  32. Joint Rule 55 suspended. (Ayes 31. Noes 6. Page 2880.)

  33. (Ayes 31. Noes 6.)

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

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

Sponsors

  • Dodd · Primary
  • Portantino · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Dodd

Co-sponsors (1)

  • Portantino

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 SB926 Dodd et al. Urgency Clause Concurrence

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 4000
Democratic 13000
Unaffiliated 22001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Wilk — Yea
Skinner — Yea
Min — Yea
Newman — Yea
Rubio — Yea
Wieckowski — Yea
Bradford — Yea
Hertzberg — Yea
Bates — Yea
Eggman — Yea
Dodd — Yea
Atkins — Yea
Hueso — Yea
Nielsen — Yea
Borgeas — Yea
Kamlager — Yea
Portantino — Yea
Roth — Yea
Glazer — Yea
Leyva — Yea
Pan — Yea
Gonzalez — Yea
Melendez — 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 →

SB 926 Dodd Third Reading Urgency By Friedman

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 38001
Republican 8001
Democratic 30002
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Kiley — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Wood — Not Voting
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Rendon — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
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
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
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 as amended.

Passed 12 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 5002
Democratic 7000
Republican 0002
Total 12004
% of votes cast 75%0%0%25%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Holden — Yea
McCarty — Yea
Bigelow — Not Voting
Eduardo Garcia — Yea
Vince Fong — Not Voting
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Not Voting

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 5000
Democratic 5000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Cunningham — Yea
Kiley — Yea
Mark Stone — Yea
Bonta, Mia Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Wicks, Buffy Democratic Yea
Davies, Laurie Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Judiciary]

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Democratic 2000
Republican 2000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Wood — Yea
Friedman — Yea
Mathis — Yea
McCarty — Not Voting
Cristina Garcia — Yea
Luz Rivas — Yea
Mark Stone — Yea
Boerner, Tasha Democratic Yea
Muratsuchi, Al Democratic Yea
Flora, Heath Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Special Consent SB926 Dodd et al. Urgency Clause

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 22001
Republican 3001
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Nielsen — Yea
Bradford — Yea
Borgeas — Yea
Roth — Yea
Gonzalez — Yea
Pan — Yea
Glazer — Yea
Dodd — Yea
Newman — Yea
Wilk — Yea
Atkins — Yea
Bates — Yea
Hueso — Yea
Wieckowski — Yea
Melendez — Yea
Skinner — Yea
Kamlager — Yea
Eggman — Yea
Portantino — Yea
Min — Yea
Rubio — Yea
Leyva — Yea
Hertzberg — 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 Not Voting
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass as amended

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
Portantino — Yea
Kamlager — Yea
Wieckowski — Yea
Bradford — Yea
Bates — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Republican 0001
Democratic 1000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Not Voting
Kamlager — Yea
Bradford — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Not Voting

Official roll call →

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

Passed 13 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Republican 1000
Democratic 3000
Total 13002
% of votes cast 87%0%0%13%
How each member voted (15)
Member Party Vote
Portantino — Yea
Melendez — Yea
Dodd — Yea
Kamlager — Yea
Hueso — Yea
Rubio — Yea
Glazer — Yea
Borgeas — Yea
Nielsen — Yea
Bradford — Not Voting
Wilk — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Governmental Organization] with the recommendation: To Consent Calendar

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1001
Unaffiliated 3000
Democratic 4000
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Hueso — Yea
Hertzberg — Yea
Eggman — Yea
Allen, Benjamin Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
Stern, Henry I. Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety environment agriculture
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Frequently asked questions

What does SB 926 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 to apply to the Department of Forestry and Fire Protection (CalFire) for permission to utilize prescribed burning for specified public purposes. Existing law requires, on or before January 1, 2020, the Forest Management Task Force, or its successor entity, in coordination with the Department of Insurance, to develop recommendations for the implementation of an insurance pool or other mechanism for prescribed burn managers that reduces the cost of conducting prescribed fire while maintaining adequate liability protection for lives and property when conducting prescribed burns. This bill would delete the provision requiring the task force to develop recommendations for the implementation of an insurance pool or other mechanisms for prescribed burn managers. The bill would establish, until January 1, 2028, the Prescribed Fire Liability Pilot Program, to be administered by CalFire, to increase the pace and scale of the use of prescribed fire and cultural burning, as defined, and to reduce barriers for conducting prescribed fires and cultural burning. The bill would create the Prescribed Fire Claims Fund in the State Treasury to support coverage for losses from prescribed fires and cultural burning by nonpublic entities, such as cultural fire practitioners, private landowners, and nongovernmental entities. The bill would require that, upon order of the Department of Finance, the $20,000,000 appropriated to CalFire by the Legislature in the Budget Act of 2021 be transferred into the fund, and would provide that all moneys deposited or transferred into the fund be continuously appropriated to CalFire for these purposes. By providing for the continuous appropriation of fund moneys to CalFire, this bill would create an appropriation. The bill would authorize CalFire to contract with any entity, including another state agency, such as the California Insurance Guarantee Association, to administer or assist in administering the fund, including managing and operating the fund, adjusting claims made pursuant to the fund, and paying claims from the fund, as provided. The bill would require CalFire to collaborate with other relevant state agencies, cultural fire practitioners, and burn bosses to establish guidelines governing the program and the administration of the fund and would prescribe minimum requirements for those guidelines. The bill would limit the state's liability for all claims for covered losses established pursuant to the program and the guidelines adopted by CalFire to the amount in the fund. Existing law creates the California Insurance Guarantee Association (CIGA) and requires all insurers admitted to transact specified insurance lines in this state to become members. Under existing law, CIGA pays and discharges covered claims, which are the obligations of an insolvent insurer that meet specified requirements. Existing law requires CIGA to operate pursuant to a plan of operations, and subjects that plan and its amendments to prior written approval of the Insurance Commissioner. This bill would authorize CIGA, until January 1, 2028, to administer the Prescribed Fire Claims Fund, subject to prior written approval by the commissioner. The bill would grant CIGA the authority to handle losses arising from prescribed fires and cultural burning that are supported by the fund if the commissioner grants approval and CalFire contracts with CIGA for that purpose. The bill would limit the state's and CIGA's liability for losses arising from prescribed fires and cultural burning that are supported by the fund and associated costs to the amount in the fund. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 926?
SB 926 is sponsored by Dodd and Portantino.
What is the current status of SB 926?
This bill has been enacted into law. Introduced February 07, 2022. Enacted.
Where can I track SB 926?
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