AB 86 — Makes various changes relating to the recovery of certain expenses and costs incurred in extinguishing certain fires and emergencies. (BDR 42-111)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT A.B.

8686–Committee ASSEMBLYon BILLGovernment NOAffairs .CHAPTER..........

86–COMMITTEE ON GOVERNMENT A FFAIRS (O N BEHALF OF THE COMMITTEE TO CONDUCT AN INTERIM S TUDY C ONCERNING W ILDFIRES) PREFILED JANUARY 26, 2021 ____________ Referred to Committee on Government Affairs SUMMARY—Makes various changes relating to the recovery of certain expenses and costs incurred in extinguishing certain fires and emergencies.

(BDR 42-111) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law provides that a person, firm, association or agency who willfully or negligently causes a fire or other emergency which threatens human life may, in certain circumstances, be liable for the expenses incurred in extinguishing the fire or meeting the emergency to the federal, state, county or municipal agency whichfirewhich incurred those expenses.

(1) revise the circumstances under which a person, firm, association or agency may be liable for such expenses to remove the requirement that the fire or other emergency must have threatened human life for expenses to be recovered;

and (2) provide that, with certain exceptions, a person, firm, association or agency may also be liable for the expenses incurred in extinguishing a fire or meeting an emergency by a city agency or general improvement district created to furnish fire protection.

city Sections 3-5 of this bill authorize, with certain exceptions, the governing body of a county, city or general improvement district created to furnish fire protection to bring an action against a person, firm, association or agency that is responsible for - *AB86_R1* – 2 – willfully or negligently causing a wildfire to recover any expenses incurred in extinguishing the wildfire and reasonable attorney’s fees and litigation expenses.

THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sectionmatter 1.between brackets [omitted material] is material to be omitted.

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

This charge constitutes a debt of the person, firm, association or agency charged and is collectible by the federal, state, county , city or municipal agency , or general improvement district created pursuant to NRS 318.1181 for the purpose of furnishing fire protection, incurring - 81st Session (2021) – 2 – such expenses in the same manner as in the case of an obligation under a contract, express or implied.

In determining whether a person, firm, association or agency is responsible for willfully or negligently causing a fire pursuant to subsection 1, the State Forester Firewarden shall consider, without limitation, whether the person, firm, association or agency failed to exercise reasonable care given:

(a) The person, firm, association or agency had permission from a writtenfederal, permitstate issuedor bylocal theagency Stateto Foresterstart Firewardena pursuantfire toor NRSconduct 472.520a controlled burn and was in compliance with the terms of thesuch permit;permission;

or (c) The person, firm, association or agency is in the business of raising livestock and started a controlled campfire for the purposepur4.se If the State Forester Firewarden determines that the fire or other emergency [which threatens human life] was the result of brandingan livestock.unavoidable accident, the State Forester Firewarden shall not charge the person, firm, association or agency that caused the fire or emergency the expenses incurred in extinguishing the fire or meeting the emergency.

- *AB86_R1* – 3 – 4.

If the State Forester Firewarden determines that the fire or other emergency [which threatens human life] was the result of an unavoidable accident, the State Forester Firewarden shall not charge the person, firm, association or agency that caused the fire or emergency the expenses incurred in extinguishing the fire or meeting the emergency.

- 81st Session (2021) – 3 – Sec.

Except as otherwise provided in this section and NRS 527.126, within the boundaries of any fire protection district created pursuant to this chapter, any person, firm, association or agency which willfully or negligently causes a fire or other emergency [which threatens human life] may be charged with the expenses incurred in extinguishing the fire or meeting the emergency and the cost of necessary patrol.

Notwithstanding the provisions of subsections 1 and 2, a person, firm, association or agency is immune from liability for the payment of expenses and costs described in subsection 1 if the person, firm, association or agency immediately notified the nearest fire-fighting agency of the fire, was forthright and truthful in responding to questions from the State Forester Firewarden, any fire-fighting agency and any other state or local agency investigatingcircumstances theapply:re, fire, and at least one of the following circumstances(a) apply:The person, firm, association or agency had permission from a federal, state or local agency to start a fire or conduct a controlled burn and was in compliance with the terms of such permission;

(a)(b) The person, firm, association or agency hadstarted a writtenwarming permitfire issuedto byprotect thehuman Statelife Foresterdue Firewarden pursuant to NRSdangerous 472.520weather andconditions; was in compliance with the terms of the permit;

- *AB86_R1* – 4 – (b) The person, firm, association or agency started a warming fire to protect human life due to dangerous weather conditions;

- 81st Session (2021) – 4 – 5.

(a) “Fire-fighting agency” means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control,con(b) extinguish,“Livestock”h, preventphasentthed andsmeaning suppressfireascribed fires.to it in NRS 569.0085.

(b) “Livestock” has the meaning ascribed to it in NRS 569.0085.

Notwithstanding the provisions of subsections 1 and 2, a person, firm, association or agency is immune from liability for the payment of any expenses incurred by the county in extinguishing a wildfire and attorney’s fees and litigation expenses if the person, firm, association or agency immediately notified the nearest fire-fighting agency of the wildfire, waswasy forthright and truthful in responding to questions from the State Forester Firewarden, any fire-fighting agency and any other state or local agency investigating the wildfire, and at least one of the following circumstances apply:

- *AB86_R1* – 5 – (a) The person, firm, association or agency had permission from a writtenfederal, permitstate issuedor bylocal theagency Stateto Foresterstart Firewardena pursuantfire toor NRSconduct 472.520a controlled burn and was in compliance with the terms of thesuch permit;permission;

- 81st Session (2021) – 5 – (a) “Fire-fighting agency” means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.

(b)NRS “Livestock”569.0085.tock” has the meaning ascribed to it in NRSSec. 569.0085.

Sec.

Notwithstanding the provisions of subsections 1 and 2, a person, firm, association or agency is immune from liability for the payment of any expenses incurred by the city in extinguishing a wildfire and attorney’s fees and litigation expenses if the person, firm, association or agency immediately notified the nearest fire- fighting agency of the wildfire, was forthright and truthful in responding to questions from the State Forester Firewarden, any fire-fighting agency and any other state or local agency investigating the wildfire, and at least one of the following circumstances apply:

(a) The person, firm, association or agency had permission from a writtenfederal, permitstate issuedor bylocal theagency Stateto Foresterstart Firewardena pursuantfire toor NRSconduct 472.520a controlled burn and was in compliance with the terms of thesuch permit;permission;

- *AB86_R1* – 6 – (b) The person, firm, association or agency started a warming fire to protect human life due to dangerous weather conditions;

- 81st Session (2021) – 6 – (a) “Fire-fighting agency” means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.