CA SB 310

Title: Prescribed fire: civil liability: cultural burns.
Author: Bill M. Dodd

Summary
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, that 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, as defined, conducted by a cultural fire practioner, as defined, 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.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 the Secretary of the Natural Resources Agency, with the concurrence of the Secretary for Environmental Protection, to enter into agreements with federally recognized California Native American tribes in support of tribal sovereignty with respect to cultural burning. The bill would provide that, in deference to tribal sovereignty, the secretary may agree, with regard to cultural burning, that compliance with specified state permitting or regulatory requirements is not required. In order to support those agreements, the bill would also require the secretary to convene a cultural burn working group consisting of specified state agencies, California Native American tribes, local air pollution control districts, and local governments, with the goal of determining a framework to enable conditions conducive to cultural burning, as specified. The bill would require the working group to report its findings to the Legislature on or before January 1, 2025. The bill would repeal these provisions on January 1, 2029.

Status
September 1 hearing postponed by committee.

Bill Documents
CA SB 310 - 06/28/23 - Amended Assembly
06/28/23 - CA SB 310 (06/28/23 - Amended Assembly)