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 for permission to utilize a prescribed burning for specified public purposes. The Governor has issued an executive order relating to, among other subjects, the streamlining of permitting for landowner-initiated projects for the improvement of forest health and the reduction of forest-fire fuels on their properties. Pursuant to this executive order, a Forest Management Task Force involving specified state agencies has been convened.

This bill would express the intent of the Legislature to enact legislation to increase the pace and scale of the use of prescribed fire and to reduce barriers for conducting prescribed burns. The bill would require the Forest Management Task Force or its successor entity, on or before January 1, 2020, and 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.

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 for permission to utilize a prescribed burning for specified public purposes. The Governor has issued an executive order relating to, among other subjects, the streamlining of permitting for landowner-initiated projects for the improvement of forest health and the reduction of forest-fire fuels on their properties. Pursuant to this executive order, a Forest Management Task Force involving specified state agencies has been convened.

This bill would express the intent of the Legislature to enact legislation to increase the pace and scale of the use of prescribed fire and to reduce barriers for conducting prescribed burns. The bill would require the Forest Management Task Force or its successor entity, on or before January 1, 2020, and 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.

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 Department of Forestry and Fire Protection for permission to utilize a prescribed burning for specified public purposes. The Governor has issued an executive order relating to, among other subjects, the streamlining of permitting for landowner-initiated projects for the improvement of forest health and the reduction of forest-fire fuels on their properties. Pursuant to this executive order, a Forest Management Task Force involving specified state agencies has been convened.

This bill would require the department, in consultation with the Department of Insurance, on or before January 1, 2020, and until January 1, 2025, if sufficient funding is made available to the department for that purpose, to develop and implement an insurance pool for prescribed burn managers with certification determined adequate by the department and for specified land owners, as provided. The bill would require the department to impose a minimum insurance requirement or a cost-share provision, or both, on a participating certified prescribed burn manager or landowner as a precondition for access to the insurance pool. express the intent of the Legislature to enact legislation to increase the pace and scale of the use of prescribed fire and to reduce barriers for conducting prescribed burns. The bill would require the Forest Management Task Force or its successor entity, on or before January 1, 2020, and 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.

(1)Existing law establishes in the Department of Forestry and Fire Protection the State Board of Forestry and Fire Protection consisting of specified members who are selected and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, among other things, forest management practices.

This bill would rename the board the State Board of Forestry and Fire Prevention and Protection.

(2)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 for permission to utilize a prescribed burning for specified public purposes.

This bill would require the department, in consultation with the Department of Insurance, on or before January 1, 2020, and until January 1, 2025, if sufficient funding is made available to the department for that purpose, to develop and implement an insurance pool for prescribed burn managers, managers with certification determined adequate by the department and for specified land owners, as provided. The bill would require the department to impose a minimum insurance requirement or a cost-share provision, or both, on a participating certified prescribed burn manager or landowner as a precondition for access to the insurance pool.

(1)Existing law establishes in the Department of Forestry and Fire Protection the State Board of Forestry and Fire Protection consisting of 9 members appointed, selected, and specified members who are selected and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, among other things, forest management practices.

This bill would rename the board the State Board of Forestry and Fire Prevention and Protection. The bill would additionally require members to have general knowledge of, interest in, and experience with fire prevention. The bill would require at least one member to be selected with a background and understanding of fire prevention, including prescribed fire. The bill would require the board to appoint a prescribed fire advisory committee, as provided, and would require the advisory committee to consult with the board on prescribed fire issues under consideration by the board, including the development of a certificate of specialization, as provided.

(2)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 for permission to utilize a prescribed burning for specified public purposes.

This bill would require the State Board of Forestry and Fire Prevention and Protection to accomplish, on or before July 1, 2020, the establishment of a certificate of specialization, as specified, or the acceptance of a public agencys independent certification program for prescribed burning management or fire bosses as full qualification, as specified, or both. The bill would require the department, in consultation with the Department of Insurance, on or before January 1, 2020, and until January 1, 2025, if sufficient funding is made available to the department for that purpose, to develop and implement an insurance pool for certified prescribed burn managers, with certification determined adequate by the department and for specified land owners, as provided.

(1)Existing law establishes in the Department of Forestry and Fire Protection the State Board of Forestry and Fire Protection consisting of 9 members appointed, selected, and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, among other things, forest management practices.

This bill would rename the board the State Board of Forestry and Fire Prevention and Protection. The bill would additionally require members to have general knowledge of, interest in, and experience with fire prevention. The bill would require at least one member to be selected with a background and understanding of fire prevention, including prescribed fire. The bill would require the board to appoint a prescribed fire advisory committee, as provided, and would require the advisory committee to consult with the board on prescribed fire issues under consideration by the board, including the development of a certificate of specialization, as provided.

(2)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 for permission to utilize a prescribed burning for specified public purposes.

This bill would require the State Board of Forestry and Fire Prevention and Protection to accomplish, on or before July 1, 2020, the establishment of a certificate of specialization, as specified, or the acceptance of a public agencys independent certification program for prescribed burning management or fire bosses as full qualification, as specified, or both. The bill would require the department department, in consultation with the Department of Insurance, on or before January 1, 2020, and until January 1, 2025, if sufficient funding is made available to the department for that purpose, to develop and implement an insurance pool for certified prescribed burn managers, as provided.

(1)Existing law establishes in the Department of Forestry and Fire Protection the State Board of Forestry and Fire Protection consisting of 9 members appointed, selected, and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, among other things, forest management practices.

This bill would rename the board to the State Board of Forestry and Fire Prevention and Protection. The bill would additionally require members to have general knowledge of, interest in, and experience with fire prevention. The bill would require at least one member to be selected with a background and understanding of fire prevention, including prescribed fire. The bill would require the board to appoint a prescribed fire advisory committee, as provided, and would require the board to consult with the advisory committee to consult with the board on development of training, certification, and recertification of prescribed burn managers and organizations prescribed fire issues under consideration by the board, including the development of a certificate of specialization, as provided.

(2)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 for permission to utilize a prescribed burning for specified public purposes.

This bill would require the State Board of Forestry and Fire Prevention and Protection to establish, accomplish, on or before January 1, 2022, standards for prescribed burning, and establish standards for certification, recertification, and training for certified prescribed burn managers, among other things. The bill would require the board to establish a schedule of fees for purposes of certifying a prescribed burn manager and would establish the Prescribed Burn Fund for deposit of those fees. The bill would authorize the board to spend the money in the fund, upon appropriation by the Legislature, for purposes of administering the certification program. July 1, 2020, the establishment of a certificate of specialization, as specified, or the acceptance of a public agencys independent certification program for prescribed burning management or fire bosses as full qualification, as specified, or both. The bill would require the department to develop and implement an insurance pool for certified prescribed burn managers, as provided.

(2)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 department for permission to utilize a prescribed burning for specified public purposes.

This bill would establish the Prescribed Burning Board in the department. The bill would require the board State Board of Forestry and Fire Prevention and Protection to establish, on or before January 1, 2022, standards for prescribed burning, and establish standards for certification, recertification, and training for certified and insured prescribed burn managers, among other things. The bill would require the board to establish a schedule of fees for purposes of certifying a prescribed burn manager and would establish the Prescribed Burn Fund for deposit of those fees. The bill would authorize the board to spend the money in the fund, upon appropriation by the Legislature, for purposes of administering the certification program. The bill would provide that an owner, lessee, or occupant of specified lands is not liable for property damage or for injury or death to persons caused by or resulting from prescribed burning conducted on the land if the burn is conducted under the supervision of a certified and insured prescribed burn manager, as provided. The bill would require the department to develop and implement an insurance pool for certified prescribed burn managers, as provided.

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 for permission to utilize a prescribed burning for specified public purposes.

This bill would establish the Prescribed Burning Board in the department. The bill would require the board to establish, on or before January 1, 2022, standards for prescribed burning, and establish standards for certification, recertification, and training for certified and insured prescribed burn managers, among other things. The bill would require the board to establish a schedule of fees for purposes of certifying a prescribed burn manager and would establish the Prescribed Burn Fund for deposit of those fees. The bill would authorize the board to spend the money in the fund, upon appropriation by the Legislature, for purposes of administering the certification program. The bill would provide that an owner, lessee, or occupant of specified lands is not liable for property damage or for injury or death to persons caused by or resulting from prescribed burning conducted on the land if the burn is conducted under the supervision of a certified and insured prescribed burn manager, as provided.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2091

Author:(Grayson)

As Amended Ver:August 24, 2018

Majority vote

Original Committee Reference: NAT. RES.

SUMMARY: Requires the Forest Management Task Force in coordination with the Department of Insurance to develop recommendations for an insurance pool or other mechanism to assist prescribed burn managers and reduce the cost of conducting prescribed fire.

The Senate amendments strike out the Assembly version of the bill and instead require the Forest Management Task Force in coordination with the Department of Insurance to develop recommendations for an insurance pool or other mechanism to assist prescribed burn managers and reduce the cost of conducting prescribed fire.

EXISTING LAW:

1. Establishes the California Department of Insurance (CDI).
2. Establishes in the California Department of Forestry and Fire Protection (CalFIRE) in the California Natural Resources Agency.
3. Authorizes CalFIRE to enter into an agreement, including a grant agreement, for prescribed burning or other hazardous fuel reduction. Authorizes the state to assume a proportionate share of the costs of site preparation and prescribed burning or other hazardous fuel reduction on wild lands.
4. Authorizes a person, firm, or corporation to apply to CalFIRE to utilize prescribed burning for a public purpose. Authorizes CalFIRE to issue a burn permit. Requires the permit to specify the site preparation requirements and required precautions to be exercised prior to burning.

AS PASSED BY THE ASSEMBLY, this bill renamed the Board of Forestry and Fire Protection (Board) as the Board of Forestry and Fire Prevention and Protection, required the Board to establish a Prescribed Fire Advisory Committee (Committee) to consult with the Board on prescribed fire issues, and required, on or before January 1, 2020, and until January 1, 2025, CalFIRE, in consultation with CDI, to develop and implement an insurance pool for prescribed burn managers.

FISCAL EFFECT: According to the Senate Appropriations Committee, unknown but likely significant costs in the millions of dollars (General Fund) for CalFIRE and the CDI to establish an insurance pool. These costs would be at least partially offset by the requirement that certified burn managers pay for a minimum insurance requirement, a cost-share provision, or both as a precondition for access to a prescribed fire insurance pool.

COMMENTS: The 2017 fire season was devastating. Over 1.3 million acres burned in high-severity wildfires and over 10,000 structures were destroyed. Fire has always been present in California landscapes either occurring by lightning strikes or used by Native American tribes to preserve certain useful plants and prevent larger fires. Low-intensity fires have clear ecological benefits such as creating habitat and assisting in the regeneration of certain species of plants and trees. Low-intensity fire also reduces surface fuel, which decreases future wildfire intensity. However, after a century of fire exclusion, logging of older growth and more fire-resistant trees, and a significant five-year drought, the size and severity of California's fires has increased dramatically. Climate change has also contributed to wildfire risk by reducing humidity and precipitation and increasing temperatures.

California's forests have become overstocked and unhealthy. In the Stanislaus National Forest, a team of UC Berkeley researchers found a density of 400 trees per acre in 2013, compared with 60-90 trees per acre found in historical reports from 1911. In addition, the researchers found more undergrowth species, and a smaller average tree size than in 1911. From 2014 to 2017 over 129 million trees have died due to a combination of drought and bark beetles. New research by UC Berkeley states "these dead trees have created unprecedented levels of fuel, which could create dangerous wildfires in the near future that are beyond the predictive capacity of current fire models."

In 2016-17 California experienced a record level of precipitation, which caused an unprecedented growth in grasses and shrubs throughout California. During the summer of 2017 extended heat waves dried out the newly grown vegetation. In the fall and winter of 2017 high winds and low humidity created the conditions that led to major fires in Butte, Lake, Los Angeles, Mendocino, Napa, Nevada, Riverside, San Diego, Solano, Sonoma, Ventura, and Yuba counties. This included the Thomas fire, which was the largest wildfire in California history. Between October and December wildfires caused the tragic loss of 44 lives, which is more than the last 10 years combined. Many places in California experienced the worst air quality on record, including for deadly particulate matter 2.5. These massive fires also created significant amounts of greenhouse gas (GHG) emissions. The 2017 wildfires produced more GHG emissions than every car, truck, and big rig on the state's roads in one year.

Prescribed and managed burns is a type of vegetation management where low-intensity fires are either intentionally lit or allowed to burn in specified weather conditions and in a way that is consistent with a preapproved plan (known as a burn plan) to treat a specified area. The prescribed or managed fire eliminates hazardous surface fuels and achieves other important ecological outcomes. Prescribed and managed burning of forests increase short-term air pollution and GHG emissions in order to mitigate the risk of larger fires with significantly higher air and GHG emissions in the future. For example, recent research has shown that had the land associated with the Rim Fire, a >250,000-acre fire in the Sierra Nevada in 2013, been intentionally managed for resource objectives, the impact could have been five times less. Further, the GHG emissions from the Rim Fire were substantial, releasing an amount equivalent to the annual GHG emissions from 2.3 million vehicles or 3.2 coal-fired power plants.

For Fiscal Year 2016-17, CAL FIRE's goal was to complete 20,000 acres of prescribed burns. CAL FIRE was only able to reach 70% of that goal. CAL FIRE plans to meet the goal this year and ramp up to 60,000 acres per year by 2030. However, 60,000 acres is far short of what is truly needed to improve forest health. Private and burns done with partnerships between CAL FIRE and other groups are needed to dramatically increase the pace and scale of treated acres. Many barriers exist to doing more private and cooperative burns. They include a lack of experienced practitioners, ability to get permits, enough burn windows, and liability concerns.

Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0005184

 THIRD READING  

Bill No: AB 2091

Author:

:

Vote:

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/26/18

AYES: Hertzberg, Stone, Allen, Hueso, Jackson, McGuire, Monning, Stern, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 76-1, 5/31/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires the Forest Management Task Force in coordination with the Department of Insurance to develop recommendations for an insurance pool or other mechanism to assist prescribed burn managers and reduce the cost of conducting prescribed fire.

Senate Floor Amendments of 8/24/18 require the development of recommendations to create an insurance pool or other mechanism to help increase the pace and scale of prescribed burns, and remove a hard deadline for the development of an insurance pool to provide adequate time for the department to develop the pool.

ANALYSIS:

Existing law:

1. Establishes the California Department of Insurance.
2. Establishes in the California Department of Forestry and Fire Protection (CalFIRE) in the California Natural Resources Agency.
3. Authorizes CalFIRE to enter into an agreement, including a grant agreement, for prescribed burning or other hazardous fuel reduction. Authorizes the state to assume a proportionate share of the costs of site preparation and prescribed burning or other hazardous fuel reduction on wild lands.
4. Authorizes a person, firm, or corporation to apply to CalFIRE to utilize prescribed burning for a public purpose. Authorizes CalFIRE to issue a burn permit. Requires the permit to specify the site preparation requirements and required precautions to be exercised prior to burning.

This bill:

1. Requires the Forest Management Task Force or its successor, in consultation with the Department of Insurance, to develop recommendations for an insurance pool for prescribed burn managers.
2. Requires the goal of the insurance pool to be all of the following:
   1. Increase the use of prescribed fire;
   2. Reduce the cost of insurance for certified prescribed burn managers and landowners;
   3. Provide adequate liability protection for lives and property when conducting prescribed burns.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, this bill’s fiscal impact is unknown but likely significant costs in the millions of dollars (General Fund) for CalFire and the CDI to establish an insurance pool. These costs would be at least partially offset by the requirement that certified burn managers pay for a minimum insurance requirement, a cost-share provision, or both as a precondition for access to a prescribed fire insurance pool.

SUPPORT: (Verified 8/25/18)

None received

OPPOSITION: (Verified 8/25/18)

None received

ARGUMENTS IN SUPPORT: According to the author, liability and the cost of insurance are often cited as significant impediments to the expanded use of prescribed fire. While insurance for landowners and practitioners is available, it is often prohibitively expensive. Many states have taken steps to adjust liability standards and insurance regulations to encourage the use of prescribed fire.

ASSEMBLY FLOOR: 76-1, 5/31/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Harper

NO VOTE RECORDED: Choi

Prepared by:

8/27/18 18:53:29

**** END ****

 THIRD READING  

Bill No: AB 2091

Author:

: 8/21/18

Vote:

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/26/18

AYES: Hertzberg, Stone, Allen, Hueso, Jackson, McGuire, Monning, Stern, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 76-1, 5/31/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires the California Department of Forestry and Fire Protection, in consultation with the California Department of Insurance, to develop and implement an insurance pool for prescribed burn managers, as specified, from on or before January 1, 2020, until January 1, 2025.

ANALYSIS:

Existing law:

1. Establishes the California Department of Insurance.
2. Establishes in the California Department of Forestry and Fire Protection (CalFIRE) in the California Natural Resources Agency.
3. Authorizes CalFIRE to enter into an agreement, including a grant agreement, for prescribed burning or other hazardous fuel reduction. Authorizes the state to assume a proportionate share of the costs of site preparation and prescribed burning or other hazardous fuel reduction on wild lands.
4. Authorizes a person, firm, or corporation to apply to CalFIRE to utilize prescribed burning for a public purpose. Authorizes CalFIRE to issue a burn permit. Requires the permit to specify the site preparation requirements and required precautions to be exercised prior to burning.

This bill:

1. Requires CalFIRE, on or before January 1, 2020, and until January 1, 2025, in consultation with the Department of Insurance, to develop and implement an insurance pool for prescribed burn managers with certification determined adequate by the department.
   1. Only prescribed burn managers certified by the department and landowners who have a contractual relationship with a certified prescribed burn manager have access to the insurance pool.
2. Requires the goal of the insurance pool to be all of the following:
   1. Increase the use of prescribed fire;
   2. Reduce the cost of insurance for certified prescribed burn managers and landowners;
   3. Provide adequate liability protection for lives and property when conducting prescribed burns.
3. Provides that the insurance pool is required only if adequate funding is provided to CalFIRE.
4. Requires CalFIRE to impose a minimum insurance requirement or a cost-share provision, or both, on a participating certified prescribed burn manager or landowner as a precondition for access to the insurance pool.
5. Provides that these changes do not restrict a landowner’s ability to obtain a burn permit from the relevant regulatory agencies.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Unknown but likely significant costs in the millions of dollars (General Fund) for CalFire and the CDI to establish an insurance pool. These costs would be at least partially offset by the requirement that certified burn managers pay for a minimum insurance requirement, a cost-share provision, or both as a precondition for access to a prescribed fire insurance pool.

SUPPORT: (Verified 8/20/18)

American Insurance Association

California Licensed Foresters Association

California Municipal Utilities Association

County of Sonoma

National Association of Mutual Insurance Companies

Northern California Power Agency

Midpeninsula Regional Open Space District

Pacific Association of Domestic Insurance Companies

Pacific Forest Trust

Personal Insurance Federation of California

Property and Casualty Insurers Association of America

OPPOSITION: (Verified 8/20/18)

None received

ARGUMENTS IN SUPPORT: According to the author, liability and the cost of insurance are often cited as significant impediments to the expanded use of prescribed fire. While insurance for landowners and practitioners is available, it is often prohibitively expensive. Many states have taken steps to adjust liability standards and insurance regulations to encourage the use of prescribed fire.

ASSEMBLY FLOOR: 76-1, 5/31/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Harper

NO VOTE RECORDED: Choi

Prepared by:

8/21/18 18:45:49

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2091 (Grayson) - Fire prevention: prescribed burns: insurance pool

Bill Summary:

This bill would require the Department of Forestry and Fire Protection (CalFire), in consultation with the Department of Insurance (CDI), to develop and implement an insurance pool for prescribed burn managers with certification determined adequate by the department.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 16, 2018

Fiscal Impact:

• Unknown but likely significant costs in the millions of dollars (General Fund) for CalFire and the CDI to establish an insurance pool. These costs would be at least partially offset by the requirement that certified burn managers pay for a minimum insurance requirement, a cost-share provision, or both as a precondition for access to a prescribed fire insurance pool.

Committee Amendments:

Impose a minimum insurance requirement, a cost-share provision, or both as a precondition for access to a prescribed fire insurance pool.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2091 (Grayson) - Fire prevention: prescribed burns: insurance pool

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill would require the Department of Forestry and Fire Protection (CalFire), in consultation with the Department of Insurance (CDI), to develop and implement an insurance pool for prescribed burn managers with certification determined adequate by the department.

Fiscal Impact:

• Unknown but likely significant costs in the millions of dollars (General Fund) for CalFire and the CDI to establish an insurance pool.

Background:

Prescribed and managed burns is a type of vegetation management where low-intensity fires are either intentionally lit or allowed to burn in specified weather conditions and in a way that is consistent with a pre-approved plan (known as a burn plan) to treat a specified area. The prescribed-or-managed fire eliminates hazardous surface fuels and achieves other important ecological outcomes. Prescribed and managed burning of forests increase short-term air pollution and greenhouse gas (GHG) emissions in order to mitigate the risk of larger fires with significantly higher air pollution and GHG emissions in the future.

Proposed Law:

This bill would:

1. Require the board to establish a Prescribed Fire Advisory Committee (Committee) to consult with the Board on prescribed fire issues under consideration by the board.
2. Require, on or before January 1, 2020, and until January 1, 2025, CalFire, in consultation with the Department of Insurance, to develop and implement an insurance pool for prescribed burn managers. Requires only certified prescribed burn managers to have access to the insurance pool.
3. Provide that the insurance pool is required only if adequate funding is provided to CalFire.

Staff Comments:

This bill is not prescriptive regarding how CalFire will establish an insurance pool. Costs will vary depending on the approach the department choses.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Robert Hertzberg, Chair

2017 - 2018 Regular

Bill No: AB Hearing Date: June 26, 2018

Subject: Fire prevention: prescribed burns

BACKGROUND AND EXISTING LAW

1. Establishes in the California Department of Forestry and Fire Protection (CAL FIRE) the Board of Forestry and Fire Protection (Board) consisting of nine members appointed by the Governor and confirmed by the Senate. Requires Board members to be selected and approved for appointment on the basis of their educational and professional qualifications and their general knowledge and experience of various topics related to forest management.
2. Requires the Board to appoint a Range Management Advisory Committee and requires the Board to consult with the Range Management Advisory Committee on rangeland resource issues under consideration by the Board.
3. Authorizes the Board, by regulation, to provide for the issuance of certificates of specialization established by the Board.
4. Authorizes an applicant to be recognized as a certified specialist instead of being registered as a professional forester. Authorizes any public agency or professional society to submit for Board recognition its independent certification program as full qualification without examination for the Board's certificate of specialization.
5. Authorizes CAL FIRE to enter into an agreement, including a grant agreement, for prescribed burning or other hazardous fuel reduction. Authorizes the state to assume a proportionate share of the costs of site preparation and prescribed burning or other hazardous fuel reduction on wild lands.
6. Authorizes a person, firm, or corporation to apply to CAL FIRE to utilize prescribed burning for a public purpose. Authorizes CAL FIRE to issue a burn permit. Requires the permit to specify the site preparation requirements and required precautions to be exercised prior to burning.

PROPOSED LAW

This bill:

1. Renames the Board of Forestry and Fire Protection (Board) as the Board of Forestry and Fire Prevention and Protection (Board).
2. Requires the Board to establish a Prescribed Fire Advisory Committee (Committee) to consult with the Board on prescribed fire issues under consideration by the Board. Requires the Committee to consist of 7 members and be selected as follows:
   1. The member of the Board selected with a background and understanding of fire prevention, including prescribed fire, who serves as chair;
   2. The director of Department of Forestry and Fire Protection (CAL FIRE) or his or her designee;
   3. A federal forest land manager;
   4. A representative of a local air district;
   5. One representative from the general public with experience conducting prescribed burns;
   6. One representative from the University of California Cooperative Extension; and,
   7. One representative from tribal communities with experience conducting prescribed burns.
3. Requires members of the Committee to serve without compensation, except reimbursement for actual and necessary expenses. Requires the Board member on the Committee to be the chair of the Committee.
4. Requires the Board, on or before July 1, 2020, to accomplish either or both of the following:
   1. Establish a certificate of specialization in the field of prescribed burning management and operations.
   2. Accept a public agency's independent certification program for prescribed burning management or fire bosses as full qualification if the Board determines the program fully protects the public interest.
5. Requires, on or before January 1, 2020, and until January 1, 2025, CAL FIRE, in consultation with the Department of Insurance, to develop and implement an insurance pool for prescribed burn managers. Requires only certified prescribed burn managers to have access to the insurance pool.
6. Requires the goal of the insurance pool to be all of the following:
   1. Increase the use of prescribed fire;
   2. Reduce the cost of insurance for certified prescribed burn managers and landowners;
   3. Provide adequate liability protection for lives and property when conducting prescribed burns.
7. Provides that the insurance pool is required only if adequate funding is provided to CAL FIRE.
8. Provides that these changes do not restrict a landowner’s ability to obtain a burn permit from the relevant regulatory agencies.

ARGUMENTS IN SUPPORT

According to the author, liability and the cost of insurance are often cited as significant impediments to the expanded use of prescribed fire. While insurance for landowners and practitioners is available, it is often prohibitively expensive. Many states have taken steps to adjust liability standards and insurance regulations to encourage the use of prescribed fire.

ARGUMENTS IN OPPOSITION

None received.

COMMENTS

In discussions with the author, and to avoid overlap with provisions with SB 1260 (Jackson), staff is recommending the following in order that this bill focus exclusively on the issue of expanding the availability of insurance.

1. Delete the name change. Delete the advisory committee. Delete the burn boss provisions (Section 4500-4501) in Article 4. (Amendment 1)
2. Amend the insurance pool provisions to conform with Amendment 1. (Amendment 2).
3. Add provision that CAL FIRE may impose some minimum insurance requirements or cost-share provision on participating burn managers or landowners as a pre-condition for access to the insurance pool.

SUGGESTED AMENDMENTS

AMENDMENT 1

Delete Sections 1-3 and sections 4500-4501.

AMENDMENT 2

Page 5, line 18, Delete “with a certificate of” and delete lines 19 and 20.

Page 5, line 22. Delete “section 4500” and add: “by the department and landowners who have a contractual relationship with a certified burn manager.”

Page 5, line 33, add new (e): Nothing in this section precludes the department from imposing minimum insurance requirements or other cost-share provisions on participating burn managers or landowners as a pre-condition for access to the insurance pool.

SUPPORT

American Insurance Association

California Municipal Utilities Association

County of Sonoma

National Association of Mutual Insurance Companies

Midpeninsula Regional Open Space District

Pacific Association of Domestic Insurance Companies

Pacific Forest Trust

Personal Insurance Federation of California

Property Casualty Insurers Association of America

OPPOSITION: None Received

ASSEMBLY THIRD READING

ATR Bill Id:AB 2091

Author:(Grayson)

As Amended Ver:May 25, 2018

Majority vote

SUMMARY: Renames the Board of Forestry and Fire Protection (Board) as the Board of Forestry and Fire Prevention and Protection (Board). Requires the Board to establish a Prescribed Fire Advisory Committee (Committee) to consult with the Board on prescribed fire issues under condition by the Board. Specifically, this bill:

1. Requires the Board to appoint a Committee to consult with the Board on prescribed fire issues under condition by the Board. Requires the Committee to consist of 7 members and be selected as follows:
   1. The member of the Board selected with a background and understanding of fire prevention, including prescribed fire, who serves as chair;
   2. The director of Department of Forestry and Fire Protection (CAL-FIRE) or his or her designee;
   3. A federal forest land manager;
   4. A representative of a local air district;
   5. One representatives from the general public with experience conducting prescribed burns;
   6. One representatives from the University of California Cooperative Extension; and,
   7. One representatives from tribal communities with experience conducting prescribed burns.
2. Requires members of the Committee to serve without compensation, except reimbursement for actual and necessary expenses. Requires the Board member on the Committee to be the chair of the Committee.
3. Requires the Board, on or before July 1, 2020, to accomplish either or both of the following:
   1. Establish a certificate of specialization in the field of prescribed burning management and operations.
   2. Accept a public agency's independent certification program for prescribed burning management or fire bosses as full qualification if the Board determines the program fully protects the public interest.
4. Requires, on or before January 1, 2020, and until January 1, 2025, CAL FIRE, in consultation with the Department of Insurance, to develop and implement an insurance pool for prescribed burn managers. Requires only certified prescribed burn managers to have access to the insurance pool.
5. Requires the goal of the insurance pool to be all of the following:
   1. Increase the use of prescribed fire;
   2. Reduce the cost of insurance for certified prescribed burn managers and landowners;
   3. Provide adequate liability protection for lives and property when conducting prescribed burns.

EXISTING LAW:

1. Establishes in the CAL FIRE the Board consisting of nine members appointed by the Governor and confirmed by the Senate. Requires Board members to be selected and approved for appointment on the basis of their educational and professional qualifications and their general knowledge and experience of various topics related to forest management.
2. Requires the Board to appoint a Range Management Advisory Committee and requires the Board to consult with the Range Management Advisory Committee on rangeland resource issues under consideration by the Board.
3. Authorizes the Board, by regulation, to provide for the issuance of certificates of specialization established by the Board.
4. Authorizes an applicant to be recognized as a certified specialist instead of being registered as a professional forester. Authorizes any public agency or professional society to submit for Board recognition its independent certification program as full qualification without examination for the Board's certificate of specialization.
5. Authorizes CAL FIRE to enter into an agreement, including a grant agreement, for prescribed burning or other hazardous fuel reduction. Authorizes the state to assume a proportionate share of the costs of site preparation and prescribed burning or other hazardous fuel reduction on wild lands.
6. Authorizes a person, firm, or corporation to apply to CAL FIRE to utilize prescribed burning for a public purpose. Authorizes CAL FIRE to issue a burn permit. Requires the permit to specify the site preparation requirements and required precautions to be exercised prior to burning

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Unknown General Fund (GF) costs pressures associated with establishing an insurance pool. It is likely CAL FIRE would require at least $150,000 GF per year (1 personnel year) to establish and oversee the program.

This bill is not prescriptive regarding how CAL FIRE will establish an insurance pool. CAL FIRE could develop its own insurance product for certified prescribed burn managers and offer it below the market rate. Another option is to pool certified prescribed burn managers and negotiate on their behalf for a group insurance product. CAL FIRE could also offer a type of umbrella liability coverage to cover costs above the existing insurance policies held by prescriptive burn managers. Costs will vary depending on the approach CAL FIRE chooses.

1. Increased annual ongoing costs of approximately $380,000 GF to support the work of the advisory committee.
2. Increased annual ongoing costs of approximately $500,000 GF to establish and maintain the new licensing program.

COMMENTS: The 2017 fire season was devastating. Over 1.3 million acres burned in high-severity wildfires and over 10,000 structures were destroyed. Fire has always been present in California landscapes either occurring by lightning strikes or used by Native American tribes to preserve certain useful plants and prevent larger fires. Low-intensity fires have clear ecological benefits such as creating habitat and assisting in the regeneration of certain species of plants and trees. Low-intensity fire also reduces surface fuel, which decreases future wildfire intensity. However, after a century of fire exclusion, logging of older growth and more fire-resistant trees, and a significant five-year drought, the size and severity of California's fires has increased dramatically. Climate change has also contributed to wildfire risk by reducing humidity and precipitation and increasing temperatures.

California's forests have become overstocked and unhealthy. In the Stanislaus National Forest, a team of UC Berkeley researchers found a density of 400 trees per acre in 2013, compared with 60-90 trees per acre found in historical reports from 1911. In addition, the researchers found more undergrowth species, and a smaller average tree size than in 1911. From 2014 to 2017 over 129 million trees have died due to a combination of drought and bark beetles. New research by UC Berkeley states "these dead trees have created unprecedented levels of fuel, which could create dangerous wildfires in the near future that are beyond the predictive capacity of current fire models."

In 2016-17 California experienced a record level of precipitation, which caused an unprecedented growth in grasses and shrubs throughout California. During the summer of 2017 extended heat waves dried out the newly grown vegetation. In the fall and winter of 2017 high winds and low humidity created the conditions that led to major fires in Butte, Lake, Los Angeles, Mendocino, Napa, Nevada, Riverside, San Diego, Solano, Sonoma, Ventura, and Yuba counties. This included the Thomas fire, which was the largest wildfire in California history. Between October and December wildfires caused the tragic loss of 44 lives, which is more than the last 10 years combined. Many places in California experienced the worst air quality on record, including for deadly particulate matter 2.5. These massive fires also created significant amounts of greenhouse gas (GHG) emissions. The 2017 wildfires produced more GHG emissions than every car, truck, and big rig on the state's roads in one year.

Prescribed and managed burns is a type of vegetation management where low-intensity fires are either intentionally lit or allowed to burn in specified weather conditions and in a way that is consistent with a preapproved plan (known as a burn plan) to treat a specified area. The prescribed or managed fire eliminates hazardous surface fuels and achieves other important ecological outcomes. Prescribed and managed burning of forests increase short-term air pollution and GHG emissions in order to mitigate the risk of larger fires with significantly higher air and GHG emissions in the future. For example, recent research has shown that had the land associated with the Rim Fire, a >250,000-acre fire in the Sierra Nevada in 2013, been intentionally managed for resource objectives, the impact could have been five times less. Further, the GHG emissions from the Rim Fire were substantial, releasing an amount equivalent to the annual GHG emissions from 2.3 million vehicles or 3.2 coal-fired power plants.

For Fiscal Year 2016-17, CAL FIRE's goal was to complete 20,000 acres of prescribed burns. CAL FIRE was only able to reach 70% of that goal. CAL FIRE plans to meet the goal this year and ramp up to 60,000 acres per year by 2030. However, 60,000 acres is far short of what is truly needed to improve forest health. Private and burns done with partnerships between CAL FIRE and other groups are needed to dramatically increase the pace and scale of treated acres. Many barriers exist to doing more private and cooperative burns. They include a lack of experienced practitioners, ability to get permits, enough burn windows, and liability concerns.

Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0003421

Date of Hearing: May 16, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2091

Author:(Grayson) – As Amended Ver:April 16, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the State Board of Forestry and Fire Protection (Board) to establish an advisory committee on the development of training, certification and recertification of prescribed burn managers, as specified. This bill requires the Board, by January 1, 2022, to accomplish following:

1. Establish standards for prescribed burning.
   
2. Develop a comprehensive training curriculum for certified prescribed burn managers and prescribed burning organizations.
   
3. Establish standards for certification, recertification, and training for certified prescribed burn managers.
   
4. Establish minimum education and professional requirements for instructors for the approved curriculum.

Additionally, this bill requires CAL FIRE to develop and implement an insurance pool for certified prescribed burn managers.

Lastly, this bill specifies that nothing in this bill restricts the ability of a landowner to obtain a burn permit from CAL FIRE or the California Air Resources Board, and renames the Board as the Board of Forestry and Fire Prevention and Protection and requires at least one member to have a background and understanding of fire prevention, including prescribed fire.

FISCAL EFFECT:

1. Unknown GF costs associated with establishing an insurance pool. It is likely the department would require at least $150,000 GF per year (1 PY) to establish and oversee the program.

This bill is not prescriptive regarding how CAL FIRE will establish an insurance pool. CAL FIRE could develop its own insurance product for certified prescribed burn managers and offer it below the market rate. Another option is to pool certified prescribed burn managers and negotiate on their behalf for a group insurance product. CAL FIRE could also offer a type of umbrella liability coverage to cover costs above the existing insurance policies held by prescriptive burn managers. Costs will vary depending on the approach CAL FIRE choses.

1. Increased annual ongoing costs of approximately $380,000 GF to support the work of the advisory committee.
2. Increased annual ongoing costs of approximately $500,000 GF to establish and maintain the new licensing program.

COMMENTS:

Background and Purpose. Prescribed-and-managed burns is a type of vegetation management where low-intensity fires are either intentionally lit or allowed to burn in specified weather conditions and in a way that is consistent with a pre-approved plan (known as a burn plan) to treat a specified area. The prescribed-or-managed fire eliminates hazardous surface fuels and achieves other important ecological outcomes. Prescribed-and-managed burning of forests increase short-term air pollution and greenhouse gas (GHG) emissions in order to mitigate the risk of larger fires with significantly higher air pollution and GHG emissions in the future.

The author indicates the purpose of this bill is to develop a statewide credentialed professional training and certification program for burn managers to ensure there will be enough trained professionals available to provide effective and controlled burns statewide.

Further, the author believes liability and the cost of insurance is a significant impediment to the expanded use of controlled burn. This bill creates a state pool to provide reduced-rate insurance for controlled burn managers.

Should this bill move forward, the author may wish to consider whether CALFIRE is the appropriate department to establish an insurance pool.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 9, 2018

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Al Muratsuchi, Acting Chair

ABPCA Bill Id:AB 2091 (

Author:Grayson) – As Amended Ver:March 12, 2018

SUBJECT: Fire prevention: prescribed burns

SUMMARY: Renames the Board of Forestry and Fire Protection (Board) as the Board of Forestry and Fire Prevention and Protection (Board). Requires the Board to establish standards for prescribed burning and certify prescribed burn managers.

EXISTING LAW:

1. Establishes in the Department of Forestry and Fire Protection (CAL FIRE) the Board consisting of nine members appointed by the Governor and confirmed by the Senate. Requires Board members to be selected and approved for appointment on the basis of their educational and professional qualifications and their general knowledge and experience of various topics related to forest management.
2. Requires the Board to appoint a Range Management Advisory Committee and requires the Board to consult with the Range Management Advisory Committee on rangeland resource issues under consideration by the Board.
3. Requires professional foresters to meet the following requirements:
   
   1. Be of good moral character and have a good reputation for honesty and integrity;
      
   2. Furnish evidence of having completed seven years of experience in forestry work, and allows certain educational degrees to count for part of the experience requirement; and
      
   3. Successfully complete the examination developed by the Board.
      
4. On and after July 1, 1973, prohibits any person to act in the capacity of, or to use the title of, a professional forester without being registered by the Board.
   
5. Authorizes the Board, by regulation, to provide for the issuance of certificates of specialization established by the Board.
   
6. Authorizes an applicant to be recognized as a certified specialist instead of being registered as a professional forester. Authorizes any public agency or professional society to submit for Board recognition its independent certification program as full qualification without examination for the Board’s certificate of specialization.
   
7. Authorizes CAL FIRE to enter into an agreement, including a grant agreement, for prescribed burning or other hazardous fuel reduction. Authorizes the state to assume a proportionate share of the costs of site preparation and prescribed burning or other hazardous fuel reduction on wild lands.
   
8. Requires any contract entered into as part of CAL FIRE’s burning contracts to do all of the following:
   
   1. Vest in the director of CAL FIRE the final authority to determine the time the burn will happen;
      
   2. Clearly state the obligation of each party to the contract;
      
   3. Designate an officer of CAL FIRE to be the fire boss with final authority to approve and amend the plan and formula for the prescribed burn;
      
   4. Specify the duties and any required precaution for the person contracting with Cal FIRE;
      
   5. Specify the value of all materials, services, or equipment provided by the person contracting with CAL FIRE. Specify the total cost of the prescribed burn operation or other hazardous fuel reduction. Requires any person contracting with CAL FIRE to place a deposit for their cost share prior to commencement of any work; and,
      
   6. Authorizes CAL FIRE to purchase third-party liability insurance to cover against loss resulting from a wild land fire sustained by any personal or public agency. Requires the policy to name the person CAL FIRE is contracting with. If CAL FIRE does not purchase third-party liability insurance they must then indemnify or hold harmless the person CAL FIRE is contracting with for any liability arising out of the prescribed burn contract.
      
9. Authorizes a person, firm, or corporation to apply to CAL FIRE to utilize prescribed burning for a public purpose. Authorizes CAL FIRE to issue a burn permit. Requires the permit to specify the site preparation requirements and required precautions to be exercised prior to burning.

THIS BILL:

1. Renames the Board as the State Board of Forestry and Fire Prevention and Protection. Adds fire prevention as an area of knowledge that can serve as a basis for appointment to the Board. Specifies at least one member of the Board be selected with a background and understanding of fire prevention, including prescribed fire.
   
2. Requires the Board to appoint a Prescribed Fire Advisory Committee (Committee) on the development of training, certification, and recertification of prescribed burn managers and organizations. Requires the Committee to consist of 10 members and be selected as follows:
   
   1. The member of the Board selected with a background and understanding of fire prevention, including prescribed fire, who serves as chair;
      
   2. The director or his or her designee;
      
   3. A federal forest land manager;
   4. A representative of a local air district;
      
   5. Two representatives from the general public with experience conducting prescribed burns;
      
   6. Two representatives from the University of California Cooperative Extension; and,
      
   7. Two representatives from tribal communities with experience conducting prescribed burns.
      
3. Requires members of the Committee to serve without compensation, except reimbursement for actual and necessary expenses. Requires the Board member on the Committee to be the chair of the Committee.
   
4. Requires, on or before January 1, 2022, the Board to accomplish all of the following:
   
   1. Establish standards for prescribed burning;
      
   2. Develop a comprehensive training curriculum for certified prescribed burn managers and prescribed burning organizations;
      
   3. Establish standards for certification, recertification, and training for certified prescribed burn managers; and,
      
   4. Establish minimum education and professional requirements for instructors for the approved curriculum.
5. Requires minimum prescribed burn standards to accomplish all of the following:
   
   1. Ensure that prescribed burning is the controlled application of fire to naturally occurring or naturalized vegetative fuels under specified environmental conditions in accordance with a written prescription plan that is designed to confine fire to a predetermined area and obtain land management objectives;
      
   2. Require that at least one certified prescribed burn manager is present on site during the burn;
      
   3. Establish appropriate guidelines for the size of burning crews; and,
      
   4. Include standards for notification to adjacent landowners, CAL FIRE, and local fire authorities.
      
   5. Require completion of the approved training curriculum to be developed and promulgated by the Board and taught by an approved instructor.
      
6. Requires the Board to issue a two year certification to a person as a certified prescribed burn manager if the person meets all of the following:
   
   1. Applies to the Board for certification;
      
   2. Completes an approved training program by an approved instructor; and,
      
   3. Pays a reasonable fee to the Board to cover the cost to the Board of administering the certification.
      
7. Requires, on or before January 1, 2020, CAL FIRE to develop and implement an insurance pool for prescribed burn managers. Requires only certified prescribed burn managers to have access to the insurance pool.
   
8. Requires the goal of the insurance pool to be all of the following:
   
   1. Increase the use of prescribed fire;
      
   2. Reduce the cost of insurance for certified prescribed burn managers and landowners;
      
   3. Provide adequate liability protection for lives and property when conducting prescribed burns.
      
9. Specifies that nothing in this bill restricts the ability of a landowner to obtain a burn permit from CAL FIRE or the Air Resources Board.

FISCAL EFFECT: Unknown

COMMENTS:

1. Author’s statement:

There is currently no accepted statewide credential to certify that a Burn Manager has completed the necessary training and education requirements to ensure a safe and effective controlled burn. Many states with a high incidence of wildfire have programs to train and certify professional Burn Managers to administer prescribed fire on private lands. In addition to ensuring that prescribed burns are conducted in accordance with applicable occupational safety and environmental standards, the availability of a Burn Manager certification would the expand the state’s capacity to conduct burns, and allow for more acreage to be treated safely and effectively.

Liability and the cost of insurance are often cited as significant impediments to the expanded use of prescribed fire. While insurance for landowners and practitioners is available, it is often prohibitively expensive. Many states have taken steps to adjust liability standards and insurance regulations to encourage the use of prescribed fire.

1. Background. The 2017 fire season was devastating. Over 1.3 million acres burned in high-severity wildfires and over 10,000 structures were destroyed. Fire has always been present in California landscapes either occurring by lightning strikes or used by Native American tribes to preserve certain useful plants and prevent larger fires. Low-intensity fires have clear ecological benefits such as creating habitat and assisting in the regeneration of certain species of plants and trees. Low-intensity fire also reduces surface fuel, which decreases future wildfire intensity. However, after a century of fire exclusion, logging of older growth and more fire-resistant trees, and a significant five-year drought, the size and severity of California’s fires has increased dramatically. Climate change has also contributed to wildfire risk by reducing humidity and precipitation and increasing temperatures.

California’s forests have become overstocked and unhealthy. In the Stanislaus National Forest, a team of UC Berkeley researchers found a density of 400 trees per acre in 2013, compared with 60-90 trees per acre found in historical reports from 1911. In addition, the researchers found more undergrowth species, and a smaller average tree size than in 1911. From 2014 to 2017 over 129 million trees have died due to a combination of drought and bark beetles. New research by UC Berkeley states “these dead trees have created unprecedented levels of fuel, which could create dangerous wildfires in the near future that are beyond the predictive capacity of current fire models.”

In 2016-17 California experienced a record level of precipitation, which caused an unprecedented growth in grasses and shrubs throughout California. During the summer of 2017 extended heat waves dried out the newly grown vegetation. In the fall and winter of 2017 high winds and low humidity created the conditions that led to major fires in Butte, Lake, Los Angeles, Mendocino, Napa, Nevada, Riverside, San Diego, Solano, Sonoma, Ventura, and Yuba counties. This included the Thomas fire, which was the largest wildfire in California history. Between October and December wildfires caused the tragic loss of 44 lives, which is more than the last 10 years combined. Many places in California experienced the worst air quality on record, including for deadly particulate matter 2.5. These massive fires also created significant amounts of greenhouse gas (GHG) emissions. The 2017 wildfires produced more GHG emissions than every car, truck, and big rig on the state’s roads in one year.

There are many efforts by the Administration and the Legislature to address the forest health and the wildfire crisis. In Governor Brown’s State of the State Address he said, “I will convene a task force composed of scientists and knowledgeable forest practitioners to review thoroughly the way our forests are managed and suggest ways to reduce the threat of devastating fires. They will also consider how California can increase resiliency and carbon storage capacity. Trees in California should absorb CO2, not generate huge amounts of black carbon and GHGs as they do today when forest fires rage across the land.” Reports on forest health have also been released by the Public Policy Institute and the Little Hoover Commission. Both advocate for more active management of California’s forests, including increased use of prescribed fire. Last year, CAL FIRE received a $200 million appropriation from the Greenhouse Gas Reduction Fund (GGRF) for forest health and fire prevention, a significant increase from the prior year. CAL FIRE is in the process of reviewing proposals for landscape level forest health projects and developing guidelines for a local assistance fire prevention program. Even with these additional resources and attention, high-severity wildfires are an increasing threat in California.

1. Prescribed fire. Prescribed and managed burns is a type of vegetation management where low-intensity fires are either intentionally lit or allowed to burn in specified weather conditions and in a way that is consistent with a preapproved plan (known as a burn plan) to treat a specified area. The prescribed or managed fire eliminates hazardous surface fuels and achieves other important ecological outcomes. Prescribed and managed burning of forests increase short-term air pollution and GHG emissions in order to mitigate the risk of larger fires with significantly higher air and GHG emissions in the future. For example, recent research has shown that had the land associated with the Rim Fire, a >250,000-acre fire in the Sierra Nevada in 2013, been intentionally managed for resource objectives, the impact could have been 5 times less. Further, the GHG emissions from the Rim Fire were substantial, releasing an amount equivalent to the annual GHG emissions from 2.3 million vehicles or 3.2 coal-fired power plants.

For Fiscal Year 2016-17, CAL FIRE’s goal was to complete 20,000 acres of prescribed burns. CAL FIRE was only able to reach 70% of that goal. CAL FIRE plans to meet the goal this year and ramp up to 60,000 acres per year by 2030. However, 60,000 acres is far short of what is truly needed to improve forest health. Private and burns done with partnerships between CAL FIRE and other groups are needed to dramatically increase the pace and scale of treated acres. Many barriers exist to doing more private and cooperative burns. They include a lack of experienced practitioners, ability to get permits, enough burn windows, and liability concerns.

1. This bill. The bill tasks CAL FIRE developing an insurance option for certified prescribed burn managers that will lower costs and improve liability protection. One option for CAL FIRE could be developing its own insurance product for certified prescribed burn managers and offering it below the market rate. Another option would be to pool certified prescribed burn managers and negotiate on their behalf for a group insurance product. CAL FIRE could offer a type of umbrella liability coverage to cover costs above what the certified prescribed burn managers policy limits are. CAL FIRE has the authority to purchase third-party insurance for their burning contracts. This bill is not prescriptive as to which approach CAL FIRE should take, but does require the goal of the insurance pool be to increase prescribed fire.

This bill also attempts to remove barriers from prescribed fire by creating an opportunity for more people to become certified prescribed burn managers. The bill requires the Board to develop the certification program. The Board has experience training, examining, and registering professional foresters. To be a Professional Forester, applicants must have seven years of forestry experience and pass an exam administered by the Board. On average, 45 people take the Professional Forester certification test annually and roughly 40% pass, for an average of 18 new Professional Foresters certified annually statewide. The Board also certifies specialists as certified rangeland managers. A public agency or professional society may submit an independent certification program for recognition by the Board. There are proposals, including in SB 1260 (Jackson), for the State Fire Marshal (SFM) to develop a certification program for prescribed burners. The author and committee may wish to consider amending the bill to instead of requiring the Board to develop a brand new certification program and extensive prescribed burn standards, require the Board to develop a certified specialist for prescribed burning or accept the SFM’s certification program if it is created. This would be more efficient, but would still create avenues for more practitioners to gain experience and knowledge. The author and committee may wish to also consider amending the bill to allow a future SFM certification program to also have access to the insurance pool.

1. Related legislation.

AB 1956 (Limón) establishes a fire prevention working group and a local assistance grant program to improve fire prevention in California and ensure that fire prevention activities happen year round. The bill is set for hearing in this committee on April 9

AB 2518 (Aguiar-Curry) requires CAL FIRE, in collaboration with the Board to explore markets, including export markets, for milling, development, and expansion of innovative forest products and mass timber, as defined, that are consistent with the state’s climate objectives on forest lands. This bill is awaiting hearing in this committee.

AB 2551 (Wood) requires CAL FIRE to establish, implement, and administer the Forest and Wildland Health Improvement and Fire Prevention Program (Program). The bill requires CAL FIRE to implement the Program to promote forest and wildland health, restoration, and resilience and improve fire prevention and preparedness throughout the state. The bill would also require that not less than 18% of all moneys in the GGRF be made available annually, upon appropriation in the annual budget act, to CAL FIRE for projects implementing the Program. This bill is awaiting hearing in this committee.

AB 2645 (Patterson) continuously appropriates $74.8 million from the GGRF annually to CAL FIRE for purposes of fire prevention activities that reduce GHG emissions. This bill also, beginning in the 2019–20 Fiscal Year, continuously appropriates $450 million from the GGRF annually to CAL FIRE for state and local healthy forest and fire prevention programs and projects that improve forest health and reduce GHG emissions. This bill is awaiting hearing in this committee.

AB 2911 (Friedman) requires the SFM to recommend updating building standards for site and structure fire risk reduction. This bill extends and clarifies the Board’s review process of local government’s safety elements to strengthen state and local collaboration on fire risk reduction. This bill authorizes CAL FIRE to permit any property owner to construct a fire break if deemed necessary to protect life, property, and natural resources. This bill extends the distances and types of vegetation management required for power lines in the State Responsibility Area. This bill is awaiting hearing in this committee.

SB 1260 (Jackson) is an omnibus fire prevention and forestry management bill intended to promote long-term forest health and wildfire resiliency. This bill is awaiting hearing in Senate Natural Resources and Water Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

Pacific Forest Trust

Opposition

None on file

Analysis Prepared by: Michael Jarred / NAT. RES. /