AB 1699: Good Fire Act: Prescribed Fire Liability Pilot Program: burn bosses: California Environmental Quality Act.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2026-09-29
Current Status:
Passed
(2026-09-29: Chaptered by Secretary of State - Chapter 761, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
Existing law establishes, until January 1, 2028, the Prescribed Fire Liability Pilot Program, to be administered by the Department of Forestry and Fire Protection, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning. Existing law creates 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. Under existing law, moneys in the fund are under the control of the department, and the department or a contracted third-party administrator is authorized to direct payments for claims from the fund, consistent with specified guidelines adopted by the department. These guidelines include, among other things, (1) a requirement that an eligible claim relate to either a prescribed fire conducted or supervised by a burn boss, as defined, or a cultural burn conducted or supervised by a cultural fire practitioner, and (2) a requirement that a claim shall not be paid from the fund unless the department reviewed and approved a burn plan before the prescribed fire or cultural burning. Existing law requires, upon order of the Department of Finance, the $20,000,000 appropriated to the Department of Forestry and Fire Protection by the Legislature in the Budget Act of 2021 be transferred into the fund, and provides that all moneys deposited or transferred into the fund be continuously appropriated to the department for these purposes.
By Executive Order N-35-25, Governor Gavin Newsom suspended the limitation on public and governmental agencies enrolling in the Prescribed Fire Liability Pilot Program to the extent that the limitation would prohibit resource conservation districts and volunteer fire departments or districts from such enrollment.
This bill would establish the Good Fire Act, which would indefinitely extend the Prescribed Fire Liability Program. The bill would explicitly state that the Prescribed Fire Claims Fund shall support coverage for losses from prescribed fires and cultural burning on any lands within the state. The bill would also expand program eligibility by changing the entities who may receive coverage for losses from prescribed fires and cultural burning from nonpublic entities to individuals and entities other than the department or the federal government, as provided. By extending the term of a continuous appropriation and authorizing the expenditure of continuously appropriated funds for new purposes, the bill would make an appropriation.
This bill would eliminate the requirement for department approval for a plan reviewed and approved by a burn boss, and would require a burn plan to be submitted to the claims fund portal before ignition. The bill would also require the guidelines to include methods for prioritizing broadcast burns and burns by non-public individuals or entities or California Native American tribes in the event the fund is oversubscribed. Within one year of a claim being paid from the fund, the bill would require the department to submit a report to the Legislature regarding the claim process and propose statutory changes related to the fund, as provided.
Existing law requires the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses who possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. Existing law requires this curriculum to provide for the initial certification as well as the continuing education of burn bosses. Under existing law, specified civil liability protections and eligibility for claims from the Prescribed Fire Claims Fund extend to prescribed burns that, among other things, are reviewed and approved by a burn boss certified pursuant to these provisions, as provided.
This bill would require, as part of the continuing education of burn bosses, the State Fire Marshal to require recertification no sooner than every 3 years. The bill would also require the department to consider methods to increase the pool of available instructors for the certification program, including the use of non-department instructors. The bill would require the department, in consultation with the Statewide Training and Education Advisory Committee, to develop a mechanism to allow specified individuals to be designated as a burn boss. The bill would authorize these individuals certified pursuant to this process to use the above-described recertification process to maintain currency.
Existing law authorizes an entity that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or a combination of those types of land within a state responsibility area to apply to the Department of Forestry and Fire Protection for permission to use prescribed burning for certain public purposes. Existing law requires the department, upon receipt of an application, to inspect the land in company with the applicant to determine whether a permit shall be granted, as provided.
By Executive Order N-35-25, Governor Gavin Newsom suspended the above-described requirement that the department conduct a site visit or inspection before issuing a state burn permit for projects undertaken by burn bosses or cultural fire practitioners.
This bill would authorize the department to waive the inspection requirement or modify the standard precautions for an application submitted by specified individuals.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
Existing law exempts from CEQA specified wildfire risk reduction projects, including, among other projects, projects consisting of a prescribed fire or fuel reduction to reduce wildfire risk by reestablishing the fire return interval appropriate to the ecosystem for biodiversity or other benefits, excluding projects located on coastal sage scrub habitat or any other sensitive habitat.
By Executive Order N-35-25, Governor Gavin Newsom suspended the requirements of CEQA as applied to the Department of Forestry and Fire Protection to the extent necessary for the department to assist local agencies and beneficial fire practitioners to complete beneficial fire projects that limit dangerous wildfire conditions to the greatest extent feasible.
This bill would exempt from CEQA those actions taken by the department to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA.
Existing law establishes various grant programs for purposes of wildfire prevention.
This bill would require a state agency, department, board, or commission that has awarded grant funds for a project that includes the preparation for, or implementation of, a beneficial fire project to include as an allowable expense of the grant the payment of overtime or double rates of pay to employees or contractors who prepare for or implement the beneficial fire project when such expenses are necessary for the implementation of the beneficial fire project.
Existing law authorizes the Director of Forestry and Fire Protection to provide grants to, or enter contracts or other cooperative agreements with, specified entities for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. Existing law authorizes the director to authorize advance payments and requires grantees who receive advance payments to file an accountability report with the department 4 months from the date of receiving the funds and every 4 months thereafter.
This bill would instead require grantees who receive advance payments to file an accountability report within 6 months from the date of receiving the funds and every 6 months thereafter.
This bill would incorporate additional changes to Section 4799.05 of the Public Resources Code proposed by AB 2513 to be operative only if this bill and AB 2513 are enacted and this bill is enacted last.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes, until January 1, 2028, the Prescribed Fire Liability Pilot Program, to be administered by the Department of Forestry and Fire Protection, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning. Existing law creates 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. Under existing law, moneys in the fund are under the control of the department, and the department or a contracted third-party administrator is authorized to direct payments for claims from the fund, consistent with specified guidelines adopted by the department. These guidelines include, among other things, (1) a requirement that an eligible claim relate to either a prescribed fire conducted or supervised by a burn boss, as defined, or a cultural burn conducted or supervised by a cultural fire practitioner, and (2) a requirement that a claim shall not be paid from the fund unless the department reviewed and approved a burn plan before the prescribed fire or cultural burning. Existing law requires, upon order of the Department of Finance, the $20,000,000 appropriated to the Department of Forestry and Fire Protection by the Legislature in the Budget Act of 2021 be transferred into the fund, and provides that all moneys deposited or transferred into the fund be continuously appropriated to the department for these purposes.
By Executive Order N-35-25, Governor Gavin Newsom suspended the limitation on public and governmental agencies enrolling in the Prescribed Fire Liability Pilot Program to the extent that the limitation would prohibit resource conservation districts and volunteer fire departments or districts from such enrollment.
This bill would establish the Good Fire Act, which would indefinitely extend the Prescribed Fire Liability Program. The bill would explicitly state that the Prescribed Fire Claims Fund shall support coverage for losses from prescribed fires and cultural burning on any lands within the state. The bill would also expand program eligibility by changing the entities who may receive coverage for losses from prescribed fires and cultural burning from nonpublic entities to individuals and entities other than the department or the federal government, as provided. By extending the term of a continuous appropriation and authorizing the expenditure of continuously appropriated funds for new purposes, the bill would make an appropriation.
This bill would eliminate the requirement for department approval for a plan reviewed and approved by a burn boss, and would require a burn plan to be submitted to the claims fund portal before ignition. The bill would also require the guidelines to include methods for prioritizing broadcast burns and burns by non-public individuals or entities or California Native American tribes in the event the fund is oversubscribed. Within one year of a claim being paid from the fund, the bill would require the department to submit a report to the Legislature regarding the claim process and propose statutory changes related to the fund, as provided.
Existing law requires the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses who possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. Existing law requires this curriculum to provide for the initial certification as well as the continuing education of burn bosses. Under existing law, specified civil liability protections and eligibility for claims from the Prescribed Fire Claims Fund extend to prescribed burns that, among other things, are reviewed and approved by a burn boss certified pursuant to these provisions, as provided.
This bill would require, as part of the continuing education of burn bosses, the State Fire Marshal to require recertification no sooner than every 3 years. The bill would also require the department to consider methods to increase the pool of available instructors for the certification program, including the use of non-department instructors. The bill would require the department, in consultation with the Statewide Training and Education Advisory Committee, to develop a mechanism to allow specified individuals to be designated as a burn boss. The bill would authorize these individuals certified pursuant to this process to use the above-described recertification process to maintain currency.
Existing law authorizes an entity that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or a combination of those types of land within a state responsibility area to apply to the Department of Forestry and Fire Protection for permission to use prescribed burning for certain public purposes. Existing law requires the department, upon receipt of an application, to inspect the land in company with the applicant to determine whether a permit shall be granted, as provided.
By Executive Order N-35-25, Governor Gavin Newsom suspended the above-described requirement that the department conduct a site visit or inspection before issuing a state burn permit for projects undertaken by burn bosses or cultural fire practitioners.
This bill would authorize the department to waive the inspection requirement or modify the standard precautions for an application submitted by specified individuals.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
Existing law exempts from CEQA specified wildfire risk reduction projects, including, among other projects, projects consisting of a prescribed fire or fuel reduction to reduce wildfire risk by reestablishing the fire return interval appropriate to the ecosystem for biodiversity or other benefits, excluding projects located on coastal sage scrub habitat or any other sensitive habitat.
By Executive Order N-35-25, Governor Gavin Newsom suspended the requirements of CEQA as applied to the Department of Forestry and Fire Protection to the extent necessary for the department to assist local agencies and beneficial fire practitioners to complete beneficial fire projects that limit dangerous wildfire conditions to the greatest extent feasible.
This bill would exempt from CEQA those actions taken by the department to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA.
Existing law establishes various grant programs for purposes of wildfire prevention.
This bill would require a state agency, department, board, or commission that has awarded grant funds for a project that includes the preparation for, or implementation of, a beneficial fire project to include as an allowable expense of the grant the payment of overtime or double rates of pay to employees or contractors who prepare for or implement the beneficial fire project when such expenses are necessary for the implementation of the beneficial fire project.
Existing law authorizes the Director of Forestry and Fire Protection to provide grants to, or enter contracts or other cooperative agreements with, specified entities for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. Existing law authorizes the director to authorize advance payments and requires grantees who receive advance payments to file an accountability report with the department 4 months from the date of receiving the funds and every 4 months thereafter.
This bill would instead require grantees who receive advance payments to file an accountability report within 6 months from the date of receiving the funds and every 6 months thereafter.
This bill would incorporate additional changes to Section 4799.05 of the Public Resources Code proposed by AB 2513 to be operative only if this bill and AB 2513 are enacted and this bill is enacted last.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes, until January 1, 2028, the Prescribed Fire Liability Pilot Program, to be administered by the Department of Forestry and Fire Protection, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning. Existing law creates 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. Under existing law, moneys in the fund are under the control of the department, and the department or a contracted third-party administrator is authorized to direct payments for claims from the fund, consistent with specified guidelines adopted by the department. These guidelines include, among other things, (1) a requirement that an eligible claim relate to either a prescribed fire conducted or supervised by a burn boss, as defined, or a cultural burn conducted or supervised by a cultural fire practitioner, and (2) a requirement that a claim shall not be paid from the fund unless the department reviewed and approved a burn plan before the prescribed fire or cultural burning. Existing law requires, upon order of the Department of Finance, the $20,000,000 appropriated to the Department of Forestry and Fire Protection by the Legislature in the Budget Act of 2021 be transferred into the fund, and provides that all moneys deposited or transferred into the fund be continuously appropriated to the department for these purposes.
By Executive Order N-35-25, Governor Gavin Newsom suspended the limitation on public and governmental agencies enrolling in the Prescribed Fire Liability Pilot Program to the extent that the limitation would prohibit resource conservation districts and volunteer fire departments or districts from such enrollment.
This bill would establish the Good Fire Act, which would indefinitely extend the Prescribed Fire Liability Program. The bill would explicitly state that the Prescribed Fire Claims Fund shall support coverage for losses from prescribed fires and cultural burning on any lands within the state. The bill would also expand program eligibility by changing the entities who may receive coverage for losses from prescribed fires and cultural burning from nonpublic entities to individuals and entities other than the department or the federal government, as provided. By extending the term of a continuous appropriation and authorizing the expenditure of continuously appropriated funds for new purposes, the bill would make an appropriation.
This bill would eliminate the requirement for department approval for a plan reviewed and approved by a burn boss, and would require a burn plan to be submitted to the claims fund portal before ignition. The bill would also require the guidelines to include methods for prioritizing broadcast burns and burns by non-public individuals or entities or California Native American tribes in the event the fund is oversubscribed. Within one year of a claim being paid from the fund, the bill would require the department to submit a report to the Legislature regarding the claim process and propose statutory changes related to the fund, as provided.
Existing law requires the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses who possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. Existing law requires this curriculum to provide for the initial certification as well as the continuing education of burn bosses. Under existing law, specified civil liability protections and eligibility for claims from the Prescribed Fire Claims Fund extend to prescribed burns that, among other things, are reviewed and approved by a burn boss certified pursuant to these provisions, as provided.
This bill would require, as part of the continuing education of burn bosses, the State Fire Marshal to require recertification no sooner than every 3 years. The bill would also require the department to consider methods to increase the pool of available instructors for the certification program, including the use of non-department instructors. The bill would require the department, in consultation with the Statewide Training and Education Advisory Committee, to develop a mechanism to allow specified individuals to be designated as a burn boss. The bill would authorize these individuals certified pursuant to this process to use the above-described recertification process to maintain currency.
Existing law authorizes an entity that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or a combination of those types of land within a state responsibility area to apply to the Department of Forestry and Fire Protection for permission to use prescribed burning for certain public purposes. Existing law requires the department, upon receipt of an application, to inspect the land in company with the applicant to determine whether a permit shall be granted, as provided.
By Executive Order N-35-25, Governor Gavin Newsom suspended the above-described requirement that the department conduct a site visit or inspection before issuing a state burn permit for projects undertaken by burn bosses or cultural fire practitioners.
This bill would authorize the department to waive the inspection requirement or modify the standard precautions for an application submitted by specified individuals.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
Existing law exempts from CEQA specified wildfire risk reduction projects, including, among other projects, projects consisting of a prescribed fire or fuel reduction to reduce wildfire risk by reestablishing the fire return interval appropriate to the ecosystem for biodiversity or other benefits, excluding projects located on coastal sage scrub habitat or any other sensitive habitat.
By Executive Order N-35-25, Governor Gavin Newsom suspended the requirements of CEQA as applied to the Department of Forestry and Fire Protection to the extent necessary for the department to assist local agencies and beneficial fire practitioners to complete beneficial fire projects that limit dangerous wildfire conditions to the greatest extent feasible.
This bill would exempt from CEQA those actions taken by the department to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA.
Existing law establishes various grant programs for purposes of wildfire prevention.
This bill would require a state agency, department, board, or commission that has awarded grant funds for a project that includes the preparation for, or implementation of, a beneficial fire project to include as an allowable expense of the grant the payment of overtime or double rates of pay to employees or contractors who prepare for or implement the beneficial fire project when such expenses are necessary for the implementation of the beneficial fire project.
Existing law authorizes the Director of Forestry and Fire Protection to provide grants to, or enter contracts or other cooperative agreements with, specified entities for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. Existing law authorizes the director to authorize advance payments and requires grantees who receive advance payments to file an accountability report with the department 4 months from the date of receiving the funds and every 4 months thereafter.
This bill would instead require grantees who receive advance payments to file an accountability report within 6 months from the date of receiving the funds and every 6 months thereafter.
This bill would incorporate additional changes to Section 4799.05 of the Public Resources Code proposed by AB 2513 to be operative only if this bill and AB 2513 are enacted and this bill is enacted last.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes, until January 1, 2028, the Prescribed Fire Liability Pilot Program, to be administered by the Department of Forestry and Fire Protection, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning. Existing law creates 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. Under existing law, moneys in the fund are under the control of the department, and the department or a contracted third-party administrator is authorized to direct payments for claims from the fund, consistent with specified guidelines adopted by the department. These guidelines include, among other things, (1) a requirement that an eligible claim relate to either a prescribed fire conducted or supervised by a burn boss, as defined, or a cultural burn conducted or supervised by a cultural fire practitioner, and (2) a requirement that a claim shall not be paid from the fund unless the department reviewed and approved a burn plan before the prescribed fire or cultural burning. Existing law requires, upon order of the Department of Finance, the $20,000,000 appropriated to the Department of Forestry and Fire Protection by the Legislature in the Budget Act of 2021 be transferred into the fund, and provides that all moneys deposited or transferred into the fund be continuously appropriated to the department for these purposes.
By Executive Order N-35-25, Governor Gavin Newsom suspended the limitation on public and governmental agencies enrolling in the Prescribed Fire Liability Pilot Program to the extent that the limitation would prohibit resource conservation districts and volunteer fire departments or districts from such enrollment.
This bill would establish the Good Fire Act, which would indefinitely extend the Prescribed Fire Liability Program. The bill would explicitly state that the Prescribed Fire Claims Fund shall support coverage for losses from prescribed fires and cultural burning on any lands within the state. The bill would also expand program eligibility by changing the entities who may receive coverage for losses from prescribed fires and cultural burning from nonpublic entities to individuals and entities other than the department or the federal government, as provided. By extending the term of a continuous appropriation and authorizing the expenditure of continuously appropriated funds for new purposes, the bill would make an appropriation.
This bill would eliminate the requirement for department approval for a plan reviewed and approved by a burn boss, and would require a burn plan to be submitted to the claims fund portal before ignition. The bill would also require the guidelines to include methods for prioritizing broadcast burns and burns by non-public individuals or entities or California Native American tribes in the event the fund is oversubscribed. Within one year of a claim being paid from the fund, the bill would require the department to submit a report to the Legislature regarding the claim process and propose statutory changes related to the fund, as provided.
Existing law requires the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses who possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. Existing law requires this curriculum to provide for the initial certification as well as the continuing education of burn bosses. Under existing law, specified civil liability protections and eligibility for claims from the Prescribed Fire Claims Fund extend to prescribed burns that, among other things, are reviewed and approved by a burn boss certified pursuant to these provisions, as provided.
This bill would require, as part of the continuing education of burn bosses, the State Fire Marshal to require recertification no sooner than every 3 years. The bill would also require the department to consider methods to increase the pool of available instructors for the certification program, including the use of non-department instructors. The bill would require the department, in consultation with the Statewide Training and Education Advisory Committee, to develop a mechanism to allow specified individuals to be designated as a burn boss. The bill would authorize these individuals certified pursuant to this process to use the above-described recertification process to maintain currency.
Existing law authorizes an entity that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or a combination of those types of land within a state responsibility area to apply to the Department of Forestry and Fire Protection for permission to use prescribed burning for certain public purposes. Existing law requires the department, upon receipt of an application, to inspect the land in company with the applicant to determine whether a permit shall be granted, as provided.
By Executive Order N-35-25, Governor Gavin Newsom suspended the above-described requirement that the department conduct a site visit or inspection before issuing a state burn permit for projects undertaken by burn bosses or cultural fire practitioners.
This bill would authorize the department to waive the inspection requirement or modify the standard precautions for an application submitted by specified individuals.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
Existing law exempts from CEQA specified wildfire risk reduction projects, including, among other projects, projects consisting of a prescribed fire or fuel reduction to reduce wildfire risk by reestablishing the fire return interval appropriate to the ecosystem for biodiversity or other benefits, excluding projects located on coastal sage scrub habitat or any other sensitive habitat.
By Executive Order N-35-25, Governor Gavin Newsom suspended the requirements of CEQA as applied to the Department of Forestry and Fire Protection to the extent necessary for the department to assist local agencies and beneficial fire practitioners to complete beneficial fire projects that limit dangerous wildfire conditions to the greatest extent feasible.
This bill would exempt from CEQA those actions taken by the department to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA.
Existing law establishes various grant programs for purposes of wildfire prevention.
This bill would prohibit require a state agency, department, board, or commission that has awarded grant funds for a project that includes the preparation for, or implementation of, a beneficial fire project to include as an allowable expense of the grant the payment of overtime or double rates of pay to employees or contractors who prepare for or implement the beneficial fire project when such expenses are necessary for the implementation of the beneficial fire project.
Existing law authorizes the Director of Forestry and Fire Protection to provide grants to, or enter contracts or other cooperative agreements with, specified entities for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. Existing law authorizes the director to authorize advance payments and requires grantees who receive advance payments to file an accountability report with the department 4 months from the date of receiving the funds and every 4 months thereafter.
This bill would instead require grantees who receive advance payments to file an accountability report within 6 months from the date of receiving the funds and every 6 months thereafter.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes, until January 1, 2028, the Prescribed Fire Liability Pilot Program, to be administered by the Department of Forestry and Fire Protection, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning. Existing law creates 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. Under existing law, moneys in the fund are under the control of the department, and the department or a contracted third-party administrator is authorized to direct payments for claims from the fund, consistent with specified guidelines adopted by the department. These guidelines include, among other things, (1) a requirement that an eligible claim relate to either a prescribed fire conducted or supervised by a burn boss, as defined, or a cultural burn conducted or supervised by a cultural fire practitioner, and (2) a requirement that a claim shall not be paid from the fund unless the department reviewed and approved a burn plan before the prescribed fire or cultural burning. Existing law requires, upon order of the Department of Finance, the $20,000,000 appropriated to the Department of Forestry and Fire Protection by the Legislature in the Budget Act of 2021 be transferred into the fund, and provides that all moneys deposited or transferred into the fund be continuously appropriated to the department for these purposes.
By Executive Order N-35-25, Governor Gavin Newsom suspended the limitation on public and governmental agencies enrolling in the Prescribed Fire Liability Pilot Program to the extent that the limitation would prohibit resource conservation districts and volunteer fire departments or districts from such enrollment.
This bill would establish the Good Fire Act, which would indefinitely extend the Prescribed Fire Liability Program. The bill would explicitly state that the Prescribed Fire Claims Fund shall support coverage for losses from prescribed fires and cultural burning on any lands within the state. The bill would also expand program eligibility by changing the entities who may receive coverage for losses from prescribed fires and cultural burning from nonpublic entities to individuals and entities other than the department or the federal government, as provided. By extending the term of a continuous appropriation and authorizing the expenditure of continuously appropriated funds for new purposes, the bill would make an appropriation.
This bill would eliminate the requirement for department approval for a plan reviewed and approved by a burn boss. boss, and would require a burn plan to be submitted to the claims fund portal before ignition. The bill would also require the guidelines to include methods for prioritizing broadcast burns and burns by non-public individuals or entities or California Native American tribes in the event the fund is oversubscribed.
Existing law requires the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses who possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. Existing law requires this curriculum to provide for the initial certification as well as the continuing education of burn bosses. Under existing law, specified civil liability protections and eligibility for claims from the Prescribed Fire Claims Fund extend to prescribed burns that, among other things, are reviewed and approved by a burn boss certified pursuant to these provisions, as provided.
This bill would require, as part of the continuing education of burn bosses, the State Fire Marshal to require recertification no sooner than every 3 years. The bill would also require the department to consider methods to increase the pool of available instructors for the certification program, including the use of non-department instructors. The bill would require the department, in consultation with the Statewide Training and Education Advisory Committee, to develop a mechanism to allow specified individuals to be designated as a burn boss. The bill would authorize these individuals certified pursuant to this process to use the above-described recertification process to maintain currency.
Existing law authorizes an entity that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or a combination of those types of land within a state responsibility area to apply to the Department of Forestry and Fire Protection for permission to use prescribed burning for certain public purposes. Existing law requires the department, upon receipt of an application, to inspect the land in company with the applicant to determine whether a permit shall be granted, as provided.
By Executive Order N-35-25, Governor Gavin Newsom suspended the above-described requirement that the department conduct a site visit or inspection before issuing a state burn permit for projects undertaken by burn bosses or cultural fire practitioners.
This bill would authorize the department to waive the inspection requirement or modify the standard precautions for an application submitted by specified individuals.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
Existing law exempts from CEQA specified wildfire risk reduction projects, including, among other projects, projects consisting of a prescribed fire or fuel reduction to reduce wildfire risk by reestablishing the fire return interval appropriate to the ecosystem for biodiversity or other benefits, excluding projects located on coastal sage scrub habitat or any other sensitive habitat.
By Executive Order N-35-25, Governor Gavin Newsom suspended the requirements of CEQA as applied to the Department of Forestry and Fire Protection to the extent necessary for the department to assist local agencies and beneficial fire practitioners to complete beneficial fire projects that limit dangerous wildfire conditions to the greatest extent feasible.
This bill would exempt from CEQA those actions taken by the department to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA.
Existing law establishes various grant programs for purposes of wildfire prevention.
This bill would prohibit a state agency, department, board, or commission that has awarded grant funds or other sources of funding to an awardee, who is paying individuals engaged in the preparation for or implementation of beneficial fire projects from those funds, from restricting overtime or double rates of pay in the disbursement of those funds, as provided. for a project that includes the preparation for, or implementation of, a beneficial fire project to include as an allowable expense of the grant the payment of overtime or double rates of pay to employees or contractors who prepare for or implement the beneficial fire project when such expenses are necessary for the implementation of the beneficial fire project.
Existing law authorizes the Director of Forestry and Fire Protection to provide grants to, or enter contracts or other cooperative agreements with, specified entities for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. Existing law authorizes the director to authorize advance payments and requires grantees who receive advance payments to file an accountability report with the department 4 months from the date of receiving the funds and every 4 months thereafter.
This bill would instead require grantees who receive advance payments to file an accountability report within 6 months from the date of receiving the funds and every 6 months thereafter.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes, until January 1, 2028, the Prescribed Fire Liability Pilot Program, to be administered by the Department of Forestry and Fire Protection, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning. Existing law creates 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. Under existing law, moneys in the fund are under the control of the department, and the department or a contracted third-party administrator is authorized to direct payments for claims from the fund, consistent with specified guidelines adopted by the department. These guidelines include, among other things, (1) a requirement that an eligible claim relate to either a prescribed fire conducted or supervised by a burn boss, as defined, or a cultural burn conducted or supervised by a cultural fire practitioner, and (2) a requirement that a claim shall not be paid from the fund unless the department reviewed and approved a burn plan before the prescribed fire or cultural burning. Existing law requires, upon order of the Department of Finance, the $20,000,000 appropriated to the Department of Forestry and Fire Protection by the Legislature in the Budget Act of 2021 be transferred into the fund, and provides that all moneys deposited or transferred into the fund be continuously appropriated to the department for these purposes.
By Executive Order N-35-25, Governor Gavin Newsom suspended the limitation on public and governmental agencies enrolling in the Prescribed Fire Liability Pilot Program to the extent that the limitation would prohibit resource conservation districts and volunteer fire departments or districts from such enrollment.
This bill would establish the Good Fire Act, which would indefinitely extend the Prescribed Fire Liability Program. The bill would also expand program eligibility by changing the entities who may receive coverage for losses from prescribed fires and cultural burning from nonpublic entities to individuals and entities other than the department or the federal government, as provided. By extending the term of a continuous appropriation and authorizing the expenditure of continuously appropriated funds for new purposes, the bill would make an appropriation.
This bill would eliminate the requirement for department approval for a plan reviewed and approved by a burn boss. The bill would also require the guidelines to include methods for prioritizing broadcast burns and burns by non-public individuals or entities or California Native American tribes in the event the fund is oversubscribed.
Existing law requires the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses who possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. Existing law requires this curriculum to provide for the initial certification as well as the continuing education of burn bosses. Under existing law, specified civil liability protections and eligibility for claims from the Prescribed Fire Claims Fund extend to prescribed burns that, among other things, are reviewed and approved by a burn boss certified pursuant to these provisions, as provided.
This bill would require, as part of the continuing education of burn bosses, the State Fire Marshal to require recertification no sooner than every 3 years. The bill would also require the department, in consultation with the Statewide Training and Education Advisory Committee, department to consider methods to increase the pool of available instructors for the certification program, including the use of non-department instructors. The bill would require the department department, in consultation with the Statewide Training and Education Advisory Committee, to develop a mechanism to allow specified individuals to be designated as a burn boss. The bill would authorize these individuals certified pursuant to this process to use the above-described recertification process to maintain currency.
Existing law authorizes an entity that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or a combination of those types of land within a state responsibility area to apply to the Department of Forestry and Fire Protection for permission to use prescribed burning for certain public purposes. Existing law requires the department, upon receipt of an application, to inspect the land in company with the applicant to determine whether a permit shall be granted, as provided.
By Executive Order N-35-25, Governor Gavin Newsom suspended the above-described requirement that the department conduct a site visit or inspection before issuing a state burn permit for projects undertaken by burn bosses or cultural fire practitioners.
This bill would authorize the department to waive the inspection requirement or modify the standard precautions for an application submitted by specified individuals.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
Existing law exempts from CEQA specified wildfire risk reduction projects, including, among other projects, projects consisting of a prescribed fire or fuel reduction to reduce wildfire risk by reestablishing the fire return interval appropriate to the ecosystem for biodiversity or other benefits, excluding projects located on coastal sage scrub habitat or any other sensitive habitat.
By Executive Order N-35-25, Governor Gavin Newsom suspended the requirements of CEQA as applied to the Department of Forestry and Fire Protection to the extent necessary for the department to assist local agencies and beneficial fire practitioners to complete beneficial fire projects that limit dangerous wildfire conditions to the greatest extent feasible.
This bill would exempt from CEQA those actions taken by the department to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA.
Existing law establishes various grant programs for purposes of wildfire prevention.
This bill would prohibit a state agency, department, board, or commission that has awarded grant funds or other sources of funding to an awardee, who is paying individuals engaged in the preparation for or implementation of beneficial fire projects from those funds, from restricting overtime or double rates of pay in the disbursement of those funds, as provided.
Existing law establishes, until January 1, 2028, the Prescribed Fire Liability Pilot Program, to be administered by the Department of Forestry and Fire Protection, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning. Existing law creates 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. Under existing law, moneys in the fund are under the control of the department, and the department or a contracted third-party administrator is authorized to direct payments for claims from the fund, consistent with specified guidelines adopted by the department. These guidelines include, among other things, (1) a requirement that an eligible claim relate to either a prescribed fire conducted or supervised by a burn boss, as defined, or a cultural burn conducted or supervised by a cultural fire practitioner, and (2) a requirement that a claim shall not be paid from the fund unless the department reviewed and approved a burn plan before the prescribed fire or cultural burning. Existing law requires, upon order of the Department of Finance, the $20,000,000 appropriated to the Department of Forestry and Fire Protection by the Legislature in the Budget Act of 2021 be transferred into the fund, and provides that all moneys deposited or transferred into the fund be continuously appropriated to the department for these purposes.
By Executive Order N-35-25, Governor Gavin Newsom suspended the limitation on public and governmental agencies enrolling in the Prescribed Fire Liability Pilot Program to the extent that the limitation would prohibit resource conservation districts and volunteer fire departments or districts from such enrollment.
This bill would establish the Good Fire Act, which would indefinitely extend the Prescribed Fire Liability Program. The bill would also expand program eligibility by changing the entities who may receive coverage for losses from prescribed fires and cultural burning from nonpublic entities to individuals and entities other than the department or the federal government, as provided. By extending the term of a continuous appropriation and authorizing the expenditure of continuously appropriated funds for new purposes, the bill would make an appropriation.
This bill would eliminate the requirement for department approval for a plan reviewed and approved by a burn boss. The bill would also require the guidelines to include methods for prioritizing broadcast burns and burns by non-public individuals or entities or California Native American tribes in the event the fund is oversubscribed.
Existing law requires the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses who possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. Existing law requires this curriculum to provide for the initial certification as well as the continuing education of burn bosses. Under existing law, specified civil liability protections and eligibility for claims from the Prescribed Fire Claims Fund extend to prescribed burns that, among other things, are reviewed and approved by a burn boss certified pursuant to these provisions, as provided.
This bill would require, as part of the continuing education of burn bosses, the State Fire Marshal to require recertification no sooner than every 3 years. The bill would also require the department, in consultation with the Statewide Training and Education Advisory Committee, to consider methods to increase the pool of available instructors for the certification program, including the use of non-department instructors. The bill would require the department to develop a mechanism to allow specified individuals to be designated as a burn boss. The bill would authorize these individuals certified pursuant to this process to use the above-described recertification process to maintain currency.
Existing law authorizes an entity that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or a combination of those types of land within a state responsibility area to apply to the Department of Forestry and Fire Protection for permission to use prescribed burning for certain public purposes. Existing law requires the department, upon receipt of an application, to inspect the land in company with the applicant to determine whether a permit shall be granted, as provided.
By Executive Order N-35-25, Governor Gavin Newsom suspended the above-described requirement that the department conduct a site visit or inspection before issuing a state burn permit for projects undertaken by burn bosses or cultural fire practitioners.
This bill would authorize the department to waive the inspection requirement or modify the standard precautions for an application submitted by specified individuals.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
Existing law exempts from CEQA specified wildfire risk reduction projects, including, among other projects, projects consisting of a prescribed fire or fuel reduction to reduce wildfire risk by reestablishing the fire return interval appropriate to the ecosystem for biodiversity or other benefits, excluding projects located on coastal sage scrub habitat or any other sensitive habitat.
By Executive Order N-35-25, Governor Gavin Newsom suspended the requirements of CEQA as applied to the Department of Forestry and Fire Protection to the extent necessary for the department to assist local agencies and beneficial fire practitioners to complete beneficial fire projects that limit dangerous wildfire conditions to the greatest extent feasible.
This bill would exempt from CEQA those actions taken by the department to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA.
Existing law establishes various grant programs for purposes of wildfire prevention.
This bill would prohibit a state agency, department, board, or commission that has awarded grant funds or other sources of funding to an awardee, who is paying individuals engaged in the preparation for or implementation of beneficial fire projects from those funds, from restricting overtime or double rates of pay in the disbursement of those funds, as provided.
This act shall be known, and may be cited, as the Good Fire Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)California has taken extraordinary actions to protect residents from catastrophic wildfires in recent years because effective, ecologically appropriate management of public and private lands across our state is critical to limiting dangerous wildfire conditions that threaten life and property and ensuring healthy, resilient ecosystems.
(b)Californias landscapes evolved with both natural ignitions and indigenous use of fire, and past policies that attempted to eradicate wildfires from these landscapes resulted in unintended adverse consequences, including overly dense forests and conditions that exacerbate risks of ignitions becoming large, dangerous fires.
(c)Beneficial fire includes practices known as cultural fire, cultural burning, prescribed fire, prescribed burning, good fire, and managed fire, which are practices that enable many types of landscapes to benefit from fire to protect communities and safeguard natural and cultural resources.
(d)Beneficial fire has a proven track record of restoring the health of Californias fire-adapted landscapes and limiting the intensity and severity of subsequent wildfires, thereby reducing the risk of large, catastrophic wildfires.
(e)Californias use of beneficial fire has expanded in recent years, and beneficial fire treatments doubled between 2021 and 2024 thanks to tribal, state, federal, local, and nonprofit partners. To reach state goals for both initial treatment and maintenance, however, significantly more beneficial fire is needed.
(f)In light of the conditions and risk of catastrophic fires, it is critical that the state take more action to further expedite and expand beneficial fire projects, where appropriate, to enable practitioners to more effectively implement safe and effective beneficial fire projects.
SEC. 3.Section 4477 of the Public Resources Code is amended to read:4477.(a)The State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses, who, pursuant to Section 4476, possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. The curriculum shall provide for the initial certification as well as the continuing education of burn bosses. As part of the continuing education of burn bosses, the State Fire Marshal shall require recertification no sooner than every three years. The department shall consider methods to increase the pool of available instructors for the certification program, including the use of nondepartment instructors. It is the intent of the Legislature that this curriculum become a regular part of the training of firefighters conducted by the Department of Forestry and Fire Protection and all other appropriate accredited training providers.
(b)In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall, in consultation with the Statewide Training and Education Advisory Committee, develop a mechanism to allow individuals certified by the department as a prescribed fire incident commander or equivalent, individuals qualified for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2 or equivalent, or individuals certified as prescribed fire managers or similar positions by other states pursuant to a certification program that is substantially similar to the program described in subdivision (a) to be designated as a state-certified burn boss pursuant to subdivision (a). Once certified, an individual may use the recertification process provided in subdivision (a) to maintain currency as a state-certified burn boss.
(c)In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall develop a training program for prescribed fire users to certify professionals in any agency or organization as burn bosses. The department shall certify these individuals to a common standard. It is the intent of the Legislature that the department use its discretion to ensure that burn bosses are thoroughly qualified to engage in prescribed burning operations prior to issuing certifications.
(d)On or before July 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, in consultation with the California Conservation Corps, the Regional Forest and Fire Capacity program, a statewide intertribal organization or indigenous stewardship network, and the Sierra Nevada Conservancy, shall develop a proposal to establish a prescribed fire training center. In developing the proposal, the State Fire Marshal shall do all of the following:
(1)Collaborate with the University of California Cooperative Extension, fire safe councils, relevant California State Universities, California Native American tribes, tribal organizations, cultural fire practitioners, resource conservation districts, and other relevant stakeholders on the development of the proposal.
(2)Identify potential funding sources for the proposal, including, but not limited to, federal funds, and consider the proposals eligibility for those funding sources.
(3)Identify potential locations for a prescribed fire training center.
(4)Identify opportunities for satellite learning landscapes to support the work of the prescribed fire training center.
(5)Ensure that cultural fire practitioners are engaged in the development and ongoing leadership of the prescribed fire training center.
(e)On or before January 1, 2023, the State Fire Marshal shall post and update on its internet website the number of burn bosses with an active burn boss certification.
(f)Adherence to the best practices outlined in the curriculum and certification process established pursuant to this section shall constitute prima facie evidence of due diligence.
(g)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 4.Section 4493 of the Public Resources Code is amended to read:4493.(a)(1)Upon receipt of an application, the department shall inspect the land in company with the applicant to determine whether a permit shall be granted, shall prescribe the manner in which the site for the prescribed burning shall be prepared, and shall require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. The precautions shall, if deemed necessary, include the advance preparation of firebreaks and the firefighting equipment and personnel desirable to conduct the prescribed burning.
(2)Notwithstanding paragraph (1), the department may waive the inspection requirement or modify the standard precautions described in paragraph (1) for an application submitted by any of the following individuals:
(A)A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations.
(B)A person qualified for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2.
(C)A cultural fire practitioner, as defined in Section 3333.8 of the Civil Code.
(D)Other parties as determined by the director.
(b)In issuing the permit, the department shall consider the availability of nondepartmental contingency resources when determining whether to require department contingency resources as part of the required precautions.
(c)The department shall, to the extent feasible, employ burn suspensions at the unit level, and not at the state or regional level, to not unreasonably restrict prescribed burning operations that are within prescription.
(d)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 5.Section 4497.3 is added to the Public Resources Code, immediately following Section 4497.2, to read:4497.3.A state agency, department, board, or commission that has awarded grant funds for a project that includes the preparation for, or implementation of, a beneficial fire project shall include as an allowable expense of the grant the payment of overtime or double rates of pay to employees or contractors who prepare for or implement the beneficial fire project when such expenses are necessary for the implementation of the beneficial fire project.
SEC. 6.Section 4500 of the Public Resources Code is amended to read:4500.(a)For purposes of this article, the following terms have the following meanings:
(1)Burn boss means either of the following:
(A)A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations.
(B)A person who possesses current qualification for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2.
(2)Cultural burn has the same meaning as set forth in Section 3333.8 of the Civil Code.
(3)Cultural fire practitioner has the same meaning as set forth in Section 3333.8 of the Civil Code.
(4)Fund means the Prescribed Fire Claims Fund established pursuant to subdivision (c).
(5)Program means the Prescribed Fire Liability Pilot Program established pursuant to subdivision (b).
(b)The Prescribed Fire Liability Pilot Program is hereby established, to be administered by the department, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning.
(c)(1)(A)The Prescribed Fire Claims Fund is hereby created in the State Treasury to support coverage for losses from prescribed fires and cultural burning on any lands within the state led by individuals and entities other than the department or the federal government. The moneys in the fund shall be under the control of the department, and the department, or the third-party administrator with whom the department contracts pursuant to subdivision (d), is authorized to direct payments for claims from the fund, consistent with this section and the guidelines adopted by the department pursuant to subdivision (e).
(B)Upon order of the Department of Finance, the amount in Item 3540-102-0001 of the Budget Act of 2021 (Chapter 240 of the Statutes of 2021) shall be transferred into the fund.
(C)Notwithstanding Section 13340 of the Government Code or any other law, all moneys deposited or transferred into the fund, including pursuant to subparagraph (B), shall be continuously appropriated, without regard to fiscal years, to the department for purposes of this section.
(2)(A)Except as provided in subparagraph (B), notwithstanding any other law, the Controller may use moneys in the fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. Interest shall be paid on all moneys loaned to the General Fund and shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund.
(B)This paragraph does not authorize any transfer that would interfere with the departments ability to carry out the purposes of this section.
(d)(1)The department may contract with any entity, including another state agency, to serve as a third-party administrator to administer or to assist in administering the fund, including, but not limited to, managing and operating the fund, adjusting claims made to the fund, and paying claims from the fund. Subject to prior written approval by the Insurance Commissioner pursuant to Section 1063.19 of the Insurance Code, the California Insurance Guarantee Association may serve as a third-party administrator of the fund. Participation by the California Insurance Guarantee Association shall be governed by the Insurance Commissioners authority over its Plan of Operation, pursuant to Article 14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.
(2)A third-party administrator with whom the department contracts pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited from settling or adjusting any claims to the fund while seeking to subrogate against the fund.
(3)(A)Notwithstanding any other law, advertising, competitive bidding, and protest requirements, and the requirement for Department of General Services approval, do not apply to a contract of no more than three years entered into by the department in the 202223 fiscal year with a third-party administrator pursuant to this subdivision. However, subsequent contracts shall be awarded in accordance with applicable state laws and policies.
(B)In the event that a third-party administrator with whom the department contracts with pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited by law from settling or adjusting any claims to the fund as a result of seeking to subrogate against the fund, the department may award a contract to a new third-party administrator for the limited purpose of settling and adjusting those claims only and that contract shall not be subject to existing advertising, competitive bidding, and protest requirements, or the requirement for Department of General Services approval.
(e)The department shall collaborate with other relevant state agencies, cultural fire practitioners, and burn bosses to establish guidelines governing the program and the administration of the fund, including the payment of claims from the fund. The guidelines shall include, at a minimum, all of the following requirements:
(1)An eligible claim shall relate to either of the following:
(A)A prescribed fire conducted or supervised by a burn boss.
(B)A cultural burn conducted or supervised by a cultural fire practitioner.
(2)A claim shall not be paid from the fund unless, at a minimum, all of the following conditions are met:
(A)(i)The department or a burn boss has reviewed and approved a burn plan before the prescribed fire or cultural burning.
(ii)A burn plan shall be submitted to the claims fund portal before ignition.
(B)A burn permit, if required, and all other permits required to conduct the prescribed fire or cultural burn were obtained.
(C)The department determines that the prescribed fire or cultural burn complied with, as applicable, the terms and conditions of all burn plans, burn permits, and other permits required to conduct the prescribed fire or cultural burn.
(3)The maximum amount the fund shall pay for losses arising from any one prescribed fire or cultural burn event is two million dollars ($2,000,000). For purposes of this paragraph, losses arising from any one prescribed fire or cultural burn event means all activities conducted pursuant to any one burn plan and, if required, burn permit.
(4)Methods for prioritizing broadcast burns and burns by nonpublic individuals or entities or California Native American tribes in the event the fund is oversubscribed.
(f)The department shall post the guidelines established pursuant to subdivision (e) on its internet website.
(g)Notwithstanding any other law, the states liability for all claims for covered losses established pursuant to this section and the guidelines developed by the department pursuant to subdivision (e) shall be limited as described in this section and to the amount in the fund.
(h)The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the guidelines developed by the department pursuant to subdivision (e) and used by the department or a third-party administrator with whom the department contracts pursuant to subdivision (d) to implement the program and to administer the fund.
(i)A person engaging with a Native American tribe, tribal organization, or cultural fire practitioner pursuant to this article shall respect tribal sovereignty, customs, and culture.
(j)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 7.Section 4503 of the Public Resources Code is repealed.SEC. 8.Section 4503 is added to the Public Resources Code, to read:4503.No later than one year after a claim is paid from the fund, the department shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, regarding the claim process and propose statutory changes that may improve the efficiency, transparency, effectiveness, or overall function of the fund.
SEC. 9.Section 4799.05 of the Public Resources Code is amended to read:4799.05.(a)(1)The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions.
(2)(A)The director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award.
(B)(i)The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.
(ii)The grantee shall file an accountability report with the department six months from the date of receiving the funds and every six months thereafter.
(C)(i)The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the departments use of advance payments.
(ii)A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.
(iii)The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.
(b)Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund.
(c)Moneys appropriated to the department for landscape-scale projects shall be allocated as follows:
(1)To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products.
(2)For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this paragraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department.
(3)For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this paragraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board.
(d)(1)Division 13 (commencing with Section 21000) does not apply to prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects, or to related activities included in the project description, undertaken, in whole or in part, on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) if either of the following is satisfied:
(A)The primary role of a state or local agency is providing funding or staffing for those projects.
(B)A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79.
(2)Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1).
(3)This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations.
(4)(A)If the lead agency, as defined in Section 21067, determines that a project is not subject to Division 13 (commencing with Section 21000) pursuant to this subdivision and it determines to approve or carry out the project, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation and with the county clerk in the county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. The lead agency shall also post the notice of exemption on its internet website together with a description of where the documents analyzing the environmental impacts of the project under the federal National Environmental Policy Act of 1969 are available for public review.
(B)If the lead agency is not the department, the lead agency shall also provide the notice of exemption together with the information set forth in subdivision (d) of Section 4137 to the department. The department shall compile the information submitted to it pursuant to this subparagraph and post the information on the departments internet website.
(5)On or before February 1, 2027, if the Secretary of the Natural Resources Agency determines that substantial changes have been made since January 1, 2023, to the federal National Environmental Policy Act of 1969 or other federal laws that affect the management of federal forest lands in California, the secretary shall report those changes to the Legislature in accordance with Section 9795 of the Government Code.
(6)This subdivision shall become inoperative on January 1, 2028.
(e)Division 13 (commencing with Section 21000) does not apply to any discretionary approval necessary to carry out or implement projects funded by the Nature-Based Solutions Tribal Program or the tribal cultural burn and tribal wildfire funding authorized by Schedule (2) of Item 3540-101-0001 of Section 2.00 of the Budget Act of 2021, as added by Section 46 of Chapter 240 of the Statutes of 2021. This subdivision only applies to projects carried out on lands subject to the jurisdictional control or the ownership of a California Native American tribe, as defined in Section 21073.
SEC. 9.5.Section 4799.05 of the Public Resources Code is amended to read:4799.05.(a)(1)The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest or ecosystem health and reduce greenhouse gas emissions.
(2)(A)The director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award.
(B)(i)The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.
(ii)The grantee shall file an accountability report with the department six months from the date of receiving the funds and every six months thereafter.
(C)(i)The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the departments use of advance payments.
(ii)A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.
(iii)The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.
(b)Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund.
(c)Moneys appropriated to the department for landscape-scale projects shall be allocated as follows:
(1)To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products.
(2)For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this paragraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department.
(3)For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this paragraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board.
(4)For activities that improve ecosystem health on chaparral, shrubland, grassland, and coastal sage scrub lands, including, but not limited to, replacement of ignition-prone nonnative fuels or flashy fuels with less flammable vegetation.
(5)For regional landscape grants that the director may directly award to regional entities to implement regional priority strategies developed pursuant to Section 4208.1.
(d)(1)Division 13 (commencing with Section 21000) does not apply to prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects, or to related activities included in the project description, undertaken, in whole or in part, on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) if either of the following is satisfied:
(A)The primary role of a state or local agency is providing funding or staffing for those projects.
(B)A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79.
(2)Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1).
(3)This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations.
(4)(A)If the lead agency, as defined in Section 21067, determines that a project is not subject to Division 13 (commencing with Section 21000) pursuant to this subdivision and it determines to approve or carry out the project, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation and with the county clerk in the county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. The lead agency shall also post the notice of exemption on its internet website together with a description of where the documents analyzing the environmental impacts of the project under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) are available for public review.
(B)If the lead agency is not the department, the lead agency shall also provide the notice of exemption together with the information set forth in subdivision (d) of Section 4137 to the department. The department shall compile the information submitted to it pursuant to this subparagraph and post the information on the departments internet website.
(5)On or before February 1, 2027, if the Secretary of the Natural Resources Agency determines that substantial changes have been made since January 1, 2023, to the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or other federal laws that affect the management of federal forest lands in California, the secretary shall report those changes to the Legislature in accordance with Section 9795 of the Government Code.
(6)This subdivision shall become inoperative on January 1, 2028.
(e)Division 13 (commencing with Section 21000) does not apply to any discretionary approval necessary to carry out or implement projects funded by the Nature-Based Solutions Tribal Program or the tribal cultural burn and tribal wildfire funding authorized by Schedule (2) of Item 3540-101-0001 of Section 2.00 of the Budget Act of 2021, as added by Section 46 of Chapter 240 of the Statutes of 2021. This subdivision only applies to projects carried out on lands subject to the jurisdictional control or the ownership of a California Native American tribe, as defined in Section 21073.
(f)For purposes of this section, the following definitions apply:
(1)Ecosystem includes forest, chaparral, shrubland, grasslands, and coastal sage ecosystems and natural communities.
(2)Flashy fuels means shrubs, grasses, and foliage, including, but not limited to, pine needles and leaves, that dry or cure rapidly, ignite easily, and spread fire quickly.
(3)Nonnative fuels means nonnative or invasive plant species, including grasses, shrubs, and other annual plants, and nonnative or invasive woody plant species.
(4)Regional entity has the same meaning as defined in Section 4208.
SEC. 10.Section 21080.49.1 is added to the Public Resources Code, immediately following Section 21080.49, to read:21080.49.1.This division does not apply to actions taken by the Department of Forestry and Fire Protection to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with this division.
SEC. 11.Section 9.5 of this bill incorporates amendments to Section 4799.05 of the Public Resources Code proposed by both this bill and Assembly Bill 2513. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, but this bill becomes operative first, (2) each bill amends Section 4799.05 of the Public Resources Code, and (3) this bill is enacted after Assembly Bill 2513, in which case Section 4799.05 of the Public Resources Code, as amended by Section 9 of this bill, shall remain operative only until the operative date of Assembly Bill 2513, at which time Section 9.5 of this bill shall become operative.
SEC. 12.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to allow critical land management efforts to continue unabated it is necessary for this act to go into immediate effect.
This act shall be known, and may be cited, as the Good Fire Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)California has taken extraordinary actions to protect residents from catastrophic wildfires in recent years because effective, ecologically appropriate management of public and private lands across our state is critical to limiting dangerous wildfire conditions that threaten life and property and ensuring healthy, resilient ecosystems.
(b)Californias landscapes evolved with both natural ignitions and indigenous use of fire, and past policies that attempted to eradicate wildfires from these landscapes resulted in unintended adverse consequences, including overly dense forests and conditions that exacerbate risks of ignitions becoming large, dangerous fires.
(c)Beneficial fire includes practices known as cultural fire, cultural burning, prescribed fire, prescribed burning, good fire, and managed fire, which are practices that enable many types of landscapes to benefit from fire to protect communities and safeguard natural and cultural resources.
(d)Beneficial fire has a proven track record of restoring the health of Californias fire-adapted landscapes and limiting the intensity and severity of subsequent wildfires, thereby reducing the risk of large, catastrophic wildfires.
(e)Californias use of beneficial fire has expanded in recent years, and beneficial fire treatments doubled between 2021 and 2024 thanks to tribal, state, federal, local, and nonprofit partners. To reach state goals for both initial treatment and maintenance, however, significantly more beneficial fire is needed.
(f)In light of the conditions and risk of catastrophic fires, it is critical that the state take more action to further expedite and expand beneficial fire projects, where appropriate, to enable practitioners to more effectively implement safe and effective beneficial fire projects.
SEC. 3.Section 4477 of the Public Resources Code is amended to read:4477.(a)The State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses, who, pursuant to Section 4476, possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. The curriculum shall provide for the initial certification as well as the continuing education of burn bosses. As part of the continuing education of burn bosses, the State Fire Marshal shall require recertification no sooner than every three years. The department shall consider methods to increase the pool of available instructors for the certification program, including the use of nondepartment instructors. It is the intent of the Legislature that this curriculum become a regular part of the training of firefighters conducted by the Department of Forestry and Fire Protection and all other appropriate accredited training providers.
(b)In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall, in consultation with the Statewide Training and Education Advisory Committee, develop a mechanism to allow individuals certified by the department as a prescribed fire incident commander or equivalent, individuals qualified for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2 or equivalent, or individuals certified as prescribed fire managers or similar positions by other states pursuant to a certification program that is substantially similar to the program described in subdivision (a) to be designated as a state-certified burn boss pursuant to subdivision (a). Once certified, an individual may use the recertification process provided in subdivision (a) to maintain currency as a state-certified burn boss.
(c)In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall develop a training program for prescribed fire users to certify professionals in any agency or organization as burn bosses. The department shall certify these individuals to a common standard. It is the intent of the Legislature that the department use its discretion to ensure that burn bosses are thoroughly qualified to engage in prescribed burning operations prior to issuing certifications.
(d)On or before July 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, in consultation with the California Conservation Corps, the Regional Forest and Fire Capacity program, a statewide intertribal organization or indigenous stewardship network, and the Sierra Nevada Conservancy, shall develop a proposal to establish a prescribed fire training center. In developing the proposal, the State Fire Marshal shall do all of the following:
(1)Collaborate with the University of California Cooperative Extension, fire safe councils, relevant California State Universities, California Native American tribes, tribal organizations, cultural fire practitioners, resource conservation districts, and other relevant stakeholders on the development of the proposal.
(2)Identify potential funding sources for the proposal, including, but not limited to, federal funds, and consider the proposals eligibility for those funding sources.
(3)Identify potential locations for a prescribed fire training center.
(4)Identify opportunities for satellite learning landscapes to support the work of the prescribed fire training center.
(5)Ensure that cultural fire practitioners are engaged in the development and ongoing leadership of the prescribed fire training center.
(e)On or before January 1, 2023, the State Fire Marshal shall post and update on its internet website the number of burn bosses with an active burn boss certification.
(f)Adherence to the best practices outlined in the curriculum and certification process established pursuant to this section shall constitute prima facie evidence of due diligence.
(g)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 4.Section 4493 of the Public Resources Code is amended to read:4493.(a)(1)Upon receipt of an application, the department shall inspect the land in company with the applicant to determine whether a permit shall be granted, shall prescribe the manner in which the site for the prescribed burning shall be prepared, and shall require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. The precautions shall, if deemed necessary, include the advance preparation of firebreaks and the firefighting equipment and personnel desirable to conduct the prescribed burning.
(2)Notwithstanding paragraph (1), the department may waive the inspection requirement or modify the standard precautions described in paragraph (1) for an application submitted by any of the following individuals:
(A)A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations.
(B)A person qualified for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2.
(C)A cultural fire practitioner, as defined in Section 3333.8 of the Civil Code.
(D)Other parties as determined by the director.
(b)In issuing the permit, the department shall consider the availability of nondepartmental contingency resources when determining whether to require department contingency resources as part of the required precautions.
(c)The department shall, to the extent feasible, employ burn suspensions at the unit level, and not at the state or regional level, to not unreasonably restrict prescribed burning operations that are within prescription.
(d)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 5.Section 4497.3 is added to the Public Resources Code, immediately following Section 4497.2, to read:4497.3.A state agency, department, board, or commission that has awarded grant funds for a project that includes the preparation for, or implementation of, a beneficial fire project shall include as an allowable expense of the grant the payment of overtime or double rates of pay to employees or contractors who prepare for or implement the beneficial fire project when such expenses are necessary for the implementation of the beneficial fire project.
SEC. 6.Section 4500 of the Public Resources Code is amended to read:4500.(a)For purposes of this article, the following terms have the following meanings:
(1)Burn boss means either of the following:
(A)A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations.
(B)A person who possesses current qualification for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2.
(2)Cultural burn has the same meaning as set forth in Section 3333.8 of the Civil Code.
(3)Cultural fire practitioner has the same meaning as set forth in Section 3333.8 of the Civil Code.
(4)Fund means the Prescribed Fire Claims Fund established pursuant to subdivision (c).
(5)Program means the Prescribed Fire Liability Pilot Program established pursuant to subdivision (b).
(b)The Prescribed Fire Liability Pilot Program is hereby established, to be administered by the department, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning.
(c)(1)(A)The Prescribed Fire Claims Fund is hereby created in the State Treasury to support coverage for losses from prescribed fires and cultural burning on any lands within the state led by individuals and entities other than the department or the federal government. The moneys in the fund shall be under the control of the department, and the department, or the third-party administrator with whom the department contracts pursuant to subdivision (d), is authorized to direct payments for claims from the fund, consistent with this section and the guidelines adopted by the department pursuant to subdivision (e).
(B)Upon order of the Department of Finance, the amount in Item 3540-102-0001 of the Budget Act of 2021 (Chapter 240 of the Statutes of 2021) shall be transferred into the fund.
(C)Notwithstanding Section 13340 of the Government Code or any other law, all moneys deposited or transferred into the fund, including pursuant to subparagraph (B), shall be continuously appropriated, without regard to fiscal years, to the department for purposes of this section.
(2)(A)Except as provided in subparagraph (B), notwithstanding any other law, the Controller may use moneys in the fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. Interest shall be paid on all moneys loaned to the General Fund and shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund.
(B)This paragraph does not authorize any transfer that would interfere with the departments ability to carry out the purposes of this section.
(d)(1)The department may contract with any entity, including another state agency, to serve as a third-party administrator to administer or to assist in administering the fund, including, but not limited to, managing and operating the fund, adjusting claims made to the fund, and paying claims from the fund. Subject to prior written approval by the Insurance Commissioner pursuant to Section 1063.19 of the Insurance Code, the California Insurance Guarantee Association may serve as a third-party administrator of the fund. Participation by the California Insurance Guarantee Association shall be governed by the Insurance Commissioners authority over its Plan of Operation, pursuant to Article 14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.
(2)A third-party administrator with whom the department contracts pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited from settling or adjusting any claims to the fund while seeking to subrogate against the fund.
(3)(A)Notwithstanding any other law, advertising, competitive bidding, and protest requirements, and the requirement for Department of General Services approval, do not apply to a contract of no more than three years entered into by the department in the 202223 fiscal year with a third-party administrator pursuant to this subdivision. However, subsequent contracts shall be awarded in accordance with applicable state laws and policies.
(B)In the event that a third-party administrator with whom the department contracts with pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited by law from settling or adjusting any claims to the fund as a result of seeking to subrogate against the fund, the department may award a contract to a new third-party administrator for the limited purpose of settling and adjusting those claims only and that contract shall not be subject to existing advertising, competitive bidding, and protest requirements, or the requirement for Department of General Services approval.
(e)The department shall collaborate with other relevant state agencies, cultural fire practitioners, and burn bosses to establish guidelines governing the program and the administration of the fund, including the payment of claims from the fund. The guidelines shall include, at a minimum, all of the following requirements:
(1)An eligible claim shall relate to either of the following:
(A)A prescribed fire conducted or supervised by a burn boss.
(B)A cultural burn conducted or supervised by a cultural fire practitioner.
(2)A claim shall not be paid from the fund unless, at a minimum, all of the following conditions are met:
(A)(i)The department or a burn boss has reviewed and approved a burn plan before the prescribed fire or cultural burning.
(ii)A burn plan shall be submitted to the claims fund portal before ignition.
(B)A burn permit, if required, and all other permits required to conduct the prescribed fire or cultural burn were obtained.
(C)The department determines that the prescribed fire or cultural burn complied with, as applicable, the terms and conditions of all burn plans, burn permits, and other permits required to conduct the prescribed fire or cultural burn.
(3)The maximum amount the fund shall pay for losses arising from any one prescribed fire or cultural burn event is two million dollars ($2,000,000). For purposes of this paragraph, losses arising from any one prescribed fire or cultural burn event means all activities conducted pursuant to any one burn plan and, if required, burn permit.
(4)Methods for prioritizing broadcast burns and burns by nonpublic individuals or entities or California Native American tribes in the event the fund is oversubscribed.
(f)The department shall post the guidelines established pursuant to subdivision (e) on its internet website.
(g)Notwithstanding any other law, the states liability for all claims for covered losses established pursuant to this section and the guidelines developed by the department pursuant to subdivision (e) shall be limited as described in this section and to the amount in the fund.
(h)The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the guidelines developed by the department pursuant to subdivision (e) and used by the department or a third-party administrator with whom the department contracts pursuant to subdivision (d) to implement the program and to administer the fund.
(i)A person engaging with a Native American tribe, tribal organization, or cultural fire practitioner pursuant to this article shall respect tribal sovereignty, customs, and culture.
(j)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 7.Section 4503 of the Public Resources Code is repealed.SEC. 8.Section 4503 is added to the Public Resources Code, to read:4503.No later than one year after a claim is paid from the fund, the department shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, regarding the claim process and propose statutory changes that may improve the efficiency, transparency, effectiveness, or overall function of the fund.
SEC. 9.Section 4799.05 of the Public Resources Code is amended to read:4799.05.(a)(1)The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions.
(2)(A)The director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award.
(B)(i)The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.
(ii)The grantee shall file an accountability report with the department six months from the date of receiving the funds and every six months thereafter.
(C)(i)The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the departments use of advance payments.
(ii)A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.
(iii)The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.
(b)Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund.
(c)Moneys appropriated to the department for landscape-scale projects shall be allocated as follows:
(1)To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products.
(2)For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this paragraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department.
(3)For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this paragraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board.
(d)(1)Division 13 (commencing with Section 21000) does not apply to prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects, or to related activities included in the project description, undertaken, in whole or in part, on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) if either of the following is satisfied:
(A)The primary role of a state or local agency is providing funding or staffing for those projects.
(B)A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79.
(2)Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1).
(3)This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations.
(4)(A)If the lead agency, as defined in Section 21067, determines that a project is not subject to Division 13 (commencing with Section 21000) pursuant to this subdivision and it determines to approve or carry out the project, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation and with the county clerk in the county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. The lead agency shall also post the notice of exemption on its internet website together with a description of where the documents analyzing the environmental impacts of the project under the federal National Environmental Policy Act of 1969 are available for public review.
(B)If the lead agency is not the department, the lead agency shall also provide the notice of exemption together with the information set forth in subdivision (d) of Section 4137 to the department. The department shall compile the information submitted to it pursuant to this subparagraph and post the information on the departments internet website.
(5)On or before February 1, 2027, if the Secretary of the Natural Resources Agency determines that substantial changes have been made since January 1, 2023, to the federal National Environmental Policy Act of 1969 or other federal laws that affect the management of federal forest lands in California, the secretary shall report those changes to the Legislature in accordance with Section 9795 of the Government Code.
(6)This subdivision shall become inoperative on January 1, 2028.
(e)Division 13 (commencing with Section 21000) does not apply to any discretionary approval necessary to carry out or implement projects funded by the Nature-Based Solutions Tribal Program or the tribal cultural burn and tribal wildfire funding authorized by Schedule (2) of Item 3540-101-0001 of Section 2.00 of the Budget Act of 2021, as added by Section 46 of Chapter 240 of the Statutes of 2021. This subdivision only applies to projects carried out on lands subject to the jurisdictional control or the ownership of a California Native American tribe, as defined in Section 21073.
SEC. 9.5.Section 4799.05 of the Public Resources Code is amended to read:4799.05.(a)(1)The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest or ecosystem health and reduce greenhouse gas emissions.
(2)(A)The director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award.
(B)(i)The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.
(ii)The grantee shall file an accountability report with the department six months from the date of receiving the funds and every six months thereafter.
(C)(i)The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the departments use of advance payments.
(ii)A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.
(iii)The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.
(b)Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund.
(c)Moneys appropriated to the department for landscape-scale projects shall be allocated as follows:
(1)To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products.
(2)For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this paragraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department.
(3)For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this paragraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board.
(4)For activities that improve ecosystem health on chaparral, shrubland, grassland, and coastal sage scrub lands, including, but not limited to, replacement of ignition-prone nonnative fuels or flashy fuels with less flammable vegetation.
(5)For regional landscape grants that the director may directly award to regional entities to implement regional priority strategies developed pursuant to Section 4208.1.
(d)(1)Division 13 (commencing with Section 21000) does not apply to prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects, or to related activities included in the project description, undertaken, in whole or in part, on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) if either of the following is satisfied:
(A)The primary role of a state or local agency is providing funding or staffing for those projects.
(B)A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79.
(2)Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1).
(3)This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations.
(4)(A)If the lead agency, as defined in Section 21067, determines that a project is not subject to Division 13 (commencing with Section 21000) pursuant to this subdivision and it determines to approve or carry out the project, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation and with the county clerk in the county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. The lead agency shall also post the notice of exemption on its internet website together with a description of where the documents analyzing the environmental impacts of the project under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) are available for public review.
(B)If the lead agency is not the department, the lead agency shall also provide the notice of exemption together with the information set forth in subdivision (d) of Section 4137 to the department. The department shall compile the information submitted to it pursuant to this subparagraph and post the information on the departments internet website.
(5)On or before February 1, 2027, if the Secretary of the Natural Resources Agency determines that substantial changes have been made since January 1, 2023, to the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or other federal laws that affect the management of federal forest lands in California, the secretary shall report those changes to the Legislature in accordance with Section 9795 of the Government Code.
(6)This subdivision shall become inoperative on January 1, 2028.
(e)Division 13 (commencing with Section 21000) does not apply to any discretionary approval necessary to carry out or implement projects funded by the Nature-Based Solutions Tribal Program or the tribal cultural burn and tribal wildfire funding authorized by Schedule (2) of Item 3540-101-0001 of Section 2.00 of the Budget Act of 2021, as added by Section 46 of Chapter 240 of the Statutes of 2021. This subdivision only applies to projects carried out on lands subject to the jurisdictional control or the ownership of a California Native American tribe, as defined in Section 21073.
(f)For purposes of this section, the following definitions apply:
(1)Ecosystem includes forest, chaparral, shrubland, grasslands, and coastal sage ecosystems and natural communities.
(2)Flashy fuels means shrubs, grasses, and foliage, including, but not limited to, pine needles and leaves, that dry or cure rapidly, ignite easily, and spread fire quickly.
(3)Nonnative fuels means nonnative or invasive plant species, including grasses, shrubs, and other annual plants, and nonnative or invasive woody plant species.
(4)Regional entity has the same meaning as defined in Section 4208.
SEC. 10.Section 21080.49.1 is added to the Public Resources Code, immediately following Section 21080.49, to read:21080.49.1.This division does not apply to actions taken by the Department of Forestry and Fire Protection to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with this division.
SEC. 11.Section 9.5 of this bill incorporates amendments to Section 4799.05 of the Public Resources Code proposed by both this bill and Assembly Bill 2513. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, but this bill becomes operative first, (2) each bill amends Section 4799.05 of the Public Resources Code, and (3) this bill is enacted after Assembly Bill 2513, in which case Section 4799.05 of the Public Resources Code, as amended by Section 9 of this bill, shall remain operative only until the operative date of Assembly Bill 2513, at which time Section 9.5 of this bill shall become operative.
SEC. 12.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to allow critical land management efforts to continue unabated it is necessary for this act to go into immediate effect.
This act shall be known, and may be cited, as the Good Fire Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)California has taken extraordinary actions to protect residents from catastrophic wildfires in recent years because effective, ecologically appropriate management of public and private lands across our state is critical to limiting dangerous wildfire conditions that threaten life and property and ensuring healthy, resilient ecosystems.
(b)Californias landscapes evolved with both natural ignitions and indigenous use of fire, and past policies that attempted to eradicate wildfires from these landscapes resulted in unintended adverse consequences, including overly dense forests and conditions that exacerbate risks of ignitions becoming large, dangerous fires.
(c)Beneficial fire includes practices known as cultural fire, cultural burning, prescribed fire, prescribed burning, good fire, and managed fire, which are practices that enable many types of landscapes to benefit from fire to protect communities and safeguard natural and cultural resources.
(d)Beneficial fire has a proven track record of restoring the health of Californias fire-adapted landscapes and limiting the intensity and severity of subsequent wildfires, thereby reducing the risk of large, catastrophic wildfires.
(e)Californias use of beneficial fire has expanded in recent years, and beneficial fire treatments doubled between 2021 and 2024 thanks to tribal, state, federal, local, and nonprofit partners. To reach state goals for both initial treatment and maintenance, however, significantly more beneficial fire is needed.
(f)In light of the conditions and risk of catastrophic fires, it is critical that the state take more action to further expedite and expand beneficial fire projects, where appropriate, to enable practitioners to more effectively implement safe and effective beneficial fire projects.
SEC. 3.Section 4477 of the Public Resources Code is amended to read:4477.(a)The State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses, who, pursuant to Section 4476, possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. The curriculum shall provide for the initial certification as well as the continuing education of burn bosses. As part of the continuing education of burn bosses, the State Fire Marshal shall require recertification no sooner than every three years. The department shall consider methods to increase the pool of available instructors for the certification program, including the use of nondepartment instructors. It is the intent of the Legislature that this curriculum become a regular part of the training of firefighters conducted by the Department of Forestry and Fire Protection and all other appropriate accredited training providers.
(b)In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall, in consultation with the Statewide Training and Education Advisory Committee, develop a mechanism to allow individuals certified by the department as a prescribed fire incident commander or equivalent, individuals qualified for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2 or equivalent, or individuals certified as prescribed fire managers or similar positions by other states pursuant to a certification program that is substantially similar to the program described in subdivision (a) to be designated as a state-certified burn boss pursuant to subdivision (a). Once certified, an individual may use the recertification process provided in subdivision (a) to maintain currency as a state-certified burn boss.
(c)In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall develop a training program for prescribed fire users to certify professionals in any agency or organization as burn bosses. The department shall certify these individuals to a common standard. It is the intent of the Legislature that the department use its discretion to ensure that burn bosses are thoroughly qualified to engage in prescribed burning operations prior to issuing certifications.
(d)On or before July 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, in consultation with the California Conservation Corps, the Regional Forest and Fire Capacity program, a statewide intertribal organization or indigenous stewardship network, and the Sierra Nevada Conservancy, shall develop a proposal to establish a prescribed fire training center. In developing the proposal, the State Fire Marshal shall do all of the following:
(1)Collaborate with the University of California Cooperative Extension, fire safe councils, relevant California State Universities, California Native American tribes, tribal organizations, cultural fire practitioners, resource conservation districts, and other relevant stakeholders on the development of the proposal.
(2)Identify potential funding sources for the proposal, including, but not limited to, federal funds, and consider the proposals eligibility for those funding sources.
(3)Identify potential locations for a prescribed fire training center.
(4)Identify opportunities for satellite learning landscapes to support the work of the prescribed fire training center.
(5)Ensure that cultural fire practitioners are engaged in the development and ongoing leadership of the prescribed fire training center.
(e)On or before January 1, 2023, the State Fire Marshal shall post and update on its internet website the number of burn bosses with an active burn boss certification.
(f)Adherence to the best practices outlined in the curriculum and certification process established pursuant to this section shall constitute prima facie evidence of due diligence.
(g)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 4.Section 4493 of the Public Resources Code is amended to read:4493.(a)(1)Upon receipt of an application, the department shall inspect the land in company with the applicant to determine whether a permit shall be granted, shall prescribe the manner in which the site for the prescribed burning shall be prepared, and shall require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. The precautions shall, if deemed necessary, include the advance preparation of firebreaks and the firefighting equipment and personnel desirable to conduct the prescribed burning.
(2)Notwithstanding paragraph (1), the department may waive the inspection requirement or modify the standard precautions described in paragraph (1) for an application submitted by any of the following individuals:
(A)A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations.
(B)A person qualified for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2.
(C)A cultural fire practitioner, as defined in Section 3333.8 of the Civil Code.
(D)Other parties as determined by the director.
(b)In issuing the permit, the department shall consider the availability of nondepartmental contingency resources when determining whether to require department contingency resources as part of the required precautions.
(c)The department shall, to the extent feasible, employ burn suspensions at the unit level, and not at the state or regional level, to not unreasonably restrict prescribed burning operations that are within prescription.
(d)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 5.Section 4497.3 is added to the Public Resources Code, immediately following Section 4497.2, to read:4497.3.A state agency, department, board, or commission that has awarded grant funds for a project that includes the preparation for, or implementation of, a beneficial fire project shall include as an allowable expense of the grant the payment of overtime or double rates of pay to employees or contractors who prepare for or implement the beneficial fire project when such expenses are necessary for the implementation of the beneficial fire project.
SEC. 6.Section 4500 of the Public Resources Code is amended to read:4500.(a)For purposes of this article, the following terms have the following meanings:
(1)Burn boss means either of the following:
(A)A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations.
(B)A person who possesses current qualification for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2.
(2)Cultural burn has the same meaning as set forth in Section 3333.8 of the Civil Code.
(3)Cultural fire practitioner has the same meaning as set forth in Section 3333.8 of the Civil Code.
(4)Fund means the Prescribed Fire Claims Fund established pursuant to subdivision (c).
(5)Program means the Prescribed Fire Liability Pilot Program established pursuant to subdivision (b).
(b)The Prescribed Fire Liability Pilot Program is hereby established, to be administered by the department, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning.
(c)(1)(A)The Prescribed Fire Claims Fund is hereby created in the State Treasury to support coverage for losses from prescribed fires and cultural burning on any lands within the state led by individuals and entities other than the department or the federal government. The moneys in the fund shall be under the control of the department, and the department, or the third-party administrator with whom the department contracts pursuant to subdivision (d), is authorized to direct payments for claims from the fund, consistent with this section and the guidelines adopted by the department pursuant to subdivision (e).
(B)Upon order of the Department of Finance, the amount in Item 3540-102-0001 of the Budget Act of 2021 (Chapter 240 of the Statutes of 2021) shall be transferred into the fund.
(C)Notwithstanding Section 13340 of the Government Code or any other law, all moneys deposited or transferred into the fund, including pursuant to subparagraph (B), shall be continuously appropriated, without regard to fiscal years, to the department for purposes of this section.
(2)(A)Except as provided in subparagraph (B), notwithstanding any other law, the Controller may use moneys in the fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. Interest shall be paid on all moneys loaned to the General Fund and shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund.
(B)This paragraph does not authorize any transfer that would interfere with the departments ability to carry out the purposes of this section.
(d)(1)The department may contract with any entity, including another state agency, to serve as a third-party administrator to administer or to assist in administering the fund, including, but not limited to, managing and operating the fund, adjusting claims made to the fund, and paying claims from the fund. Subject to prior written approval by the Insurance Commissioner pursuant to Section 1063.19 of the Insurance Code, the California Insurance Guarantee Association may serve as a third-party administrator of the fund. Participation by the California Insurance Guarantee Association shall be governed by the Insurance Commissioners authority over its Plan of Operation, pursuant to Article 14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.
(2)A third-party administrator with whom the department contracts pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited from settling or adjusting any claims to the fund while seeking to subrogate against the fund.
(3)(A)Notwithstanding any other law, advertising, competitive bidding, and protest requirements, and the requirement for Department of General Services approval, do not apply to a contract of no more than three years entered into by the department in the 202223 fiscal year with a third-party administrator pursuant to this subdivision. However, subsequent contracts shall be awarded in accordance with applicable state laws and policies.
(B)In the event that a third-party administrator with whom the department contracts with pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited by law from settling or adjusting any claims to the fund as a result of seeking to subrogate against the fund, the department may award a contract to a new third-party administrator for the limited purpose of settling and adjusting those claims only and that contract shall not be subject to existing advertising, competitive bidding, and protest requirements, or the requirement for Department of General Services approval.
(e)The department shall collaborate with other relevant state agencies, cultural fire practitioners, and burn bosses to establish guidelines governing the program and the administration of the fund, including the payment of claims from the fund. The guidelines shall include, at a minimum, all of the following requirements:
(1)An eligible claim shall relate to either of the following:
(A)A prescribed fire conducted or supervised by a burn boss.
(B)A cultural burn conducted or supervised by a cultural fire practitioner.
(2)A claim shall not be paid from the fund unless, at a minimum, all of the following conditions are met:
(A)(i)The department or a burn boss has reviewed and approved a burn plan before the prescribed fire or cultural burning.
(ii)A burn plan shall be submitted to the claims fund portal before ignition.
(B)A burn permit, if required, and all other permits required to conduct the prescribed fire or cultural burn were obtained.
(C)The department determines that the prescribed fire or cultural burn complied with, as applicable, the terms and conditions of all burn plans, burn permits, and other permits required to conduct the prescribed fire or cultural burn.
(3)The maximum amount the fund shall pay for losses arising from any one prescribed fire or cultural burn event is two million dollars ($2,000,000). For purposes of this paragraph, losses arising from any one prescribed fire or cultural burn event means all activities conducted pursuant to any one burn plan and, if required, burn permit.
(4)Methods for prioritizing broadcast burns and burns by nonpublic individuals or entities or California Native American tribes in the event the fund is oversubscribed.
(f)The department shall post the guidelines established pursuant to subdivision (e) on its internet website.
(g)Notwithstanding any other law, the states liability for all claims for covered losses established pursuant to this section and the guidelines developed by the department pursuant to subdivision (e) shall be limited as described in this section and to the amount in the fund.
(h)The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the guidelines developed by the department pursuant to subdivision (e) and used by the department or a third-party administrator with whom the department contracts pursuant to subdivision (d) to implement the program and to administer the fund.
(i)A person engaging with a Native American tribe, tribal organization, or cultural fire practitioner pursuant to this article shall respect tribal sovereignty, customs, and culture.
(j)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 7.Section 4503 of the Public Resources Code is repealed.SEC. 8.Section 4503 is added to the Public Resources Code, to read:4503.No later than one year after a claim is paid from the fund, the department shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, regarding the claim process and propose statutory changes that may improve the efficiency, transparency, effectiveness, or overall function of the fund.
SEC. 9.Section 4799.05 of the Public Resources Code is amended to read:4799.05.(a)(1)The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions.
(2)(A)The director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award.
(B)(i)The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.
(ii)The grantee shall file an accountability report with the department six months from the date of receiving the funds and every six months thereafter.
(C)(i)The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the departments use of advance payments.
(ii)A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.
(iii)The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.
(b)Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund.
(c)Moneys appropriated to the department for landscape-scale projects shall be allocated as follows:
(1)To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products.
(2)For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this paragraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department.
(3)For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this paragraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board.
(d)(1)Division 13 (commencing with Section 21000) does not apply to prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects, or to related activities included in the project description, undertaken, in whole or in part, on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) if either of the following is satisfied:
(A)The primary role of a state or local agency is providing funding or staffing for those projects.
(B)A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79.
(2)Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1).
(3)This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations.
(4)(A)If the lead agency, as defined in Section 21067, determines that a project is not subject to Division 13 (commencing with Section 21000) pursuant to this subdivision and it determines to approve or carry out the project, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation and with the county clerk in the county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. The lead agency shall also post the notice of exemption on its internet website together with a description of where the documents analyzing the environmental impacts of the project under the federal National Environmental Policy Act of 1969 are available for public review.
(B)If the lead agency is not the department, the lead agency shall also provide the notice of exemption together with the information set forth in subdivision (d) of Section 4137 to the department. The department shall compile the information submitted to it pursuant to this subparagraph and post the information on the departments internet website.
(5)On or before February 1, 2027, if the Secretary of the Natural Resources Agency determines that substantial changes have been made since January 1, 2023, to the federal National Environmental Policy Act of 1969 or other federal laws that affect the management of federal forest lands in California, the secretary shall report those changes to the Legislature in accordance with Section 9795 of the Government Code.
(6)This subdivision shall become inoperative on January 1, 2028.
(e)Division 13 (commencing with Section 21000) does not apply to any discretionary approval necessary to carry out or implement projects funded by the Nature-Based Solutions Tribal Program or the tribal cultural burn and tribal wildfire funding authorized by Schedule (2) of Item 3540-101-0001 of Section 2.00 of the Budget Act of 2021, as added by Section 46 of Chapter 240 of the Statutes of 2021. This subdivision only applies to projects carried out on lands subject to the jurisdictional control or the ownership of a California Native American tribe, as defined in Section 21073.
SEC. 9.5.Section 4799.05 of the Public Resources Code is amended to read:4799.05.(a)(1)The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest or ecosystem health and reduce greenhouse gas emissions.
(2)(A)The director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award.
(B)(i)The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.
(ii)The grantee shall file an accountability report with the department four six months from the date of receiving the funds and every four six months thereafter.
(C)(i)The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the departments use of advance payments.
(ii)A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.
(iii)The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.
(b)Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund.
(c)Moneys appropriated to the department for landscape-scale projects shall be allocated as follows:
(1)To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products.
(2)For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this paragraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department.
(3)For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this paragraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board.
(4)For activities that improve ecosystem health on chaparral, shrubland, grassland, and coastal sage scrub lands, including, but not limited to, replacement of ignition-prone nonnative fuels or flashy fuels with less flammable vegetation.
(5)For regional landscape grants that the director may directly award to regional entities to implement regional priority strategies developed pursuant to Section 4208.1.
(d)(1)Division 13 (commencing with Section 21000) does not apply to prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects, or to related activities included in the project description, undertaken, in whole or in part, on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) if either of the following is satisfied:
(A)The primary role of a state or local agency is providing funding or staffing for those projects.
(B)A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79.
(2)Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1).
(3)This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations.
(4)(A)If the lead agency, as defined in Section 21067, determines that a project is not subject to Division 13 (commencing with Section 21000) pursuant to this subdivision and it determines to approve or carry out the project, the lead agency shall file a notice of exemption with the Office of Planning and Research Land Use and Climate Innovation and with the county clerk in the county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. The lead agency shall also post the notice of exemption on its internet website together with a description of where the documents analyzing the environmental impacts of the project under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) are available for public review.
(B)If the lead agency is not the department, the lead agency shall also provide the notice of exemption together with the information set forth in subdivision (d) of Section 4137 to the department. The department shall compile the information submitted to it pursuant to this subparagraph and post the information on the departments internet website.
(5)On or before February 1, 2027, if the Secretary of the Natural Resources Agency determines that substantial changes have been made since January 1, 2023, to the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or other federal laws that affect the management of federal forest lands in California, the secretary shall report those changes to the Legislature in accordance with Section 9795 of the Government Code.
(6)This subdivision shall become inoperative on January 1, 2028.
(e)Division 13 (commencing with Section 21000) does not apply to any discretionary approval necessary to carry out or implement projects funded by the Nature-Based Solutions Tribal Program or the tribal cultural burn and tribal wildfire funding authorized by Schedule (2) of Item 3540-101-0001 of Section 2.00 of the Budget Act of 2021, as added by Section 46 of Chapter 240 of the Statutes of 2021. This subdivision only applies to projects carried out on lands subject to the jurisdictional control or the ownership of a California Native American tribe, as defined in Section 21073.
(f)For purposes of this section, the following definitions apply:
(1)Ecosystem includes forest, chaparral, shrubland, grasslands, and coastal sage ecosystems and natural communities.
(2)Flashy fuels means shrubs, grasses, and foliage, including, but not limited to, pine needles and leaves, that dry or cure rapidly, ignite easily, and spread fire quickly.
(3)Nonnative fuels means nonnative or invasive plant species, including grasses, shrubs, and other annual plants, and nonnative or invasive woody plant species.
(4)Regional entity has the same meaning as defined in Section 4208.
SEC. 10.Section 21080.49.1 is added to the Public Resources Code, immediately following Section 21080.49, to read:21080.49.1.This division does not apply to actions taken by the Department of Forestry and Fire Protection to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with this division.
SEC. 11.Section 9.5 of this bill incorporates amendments to Section 4799.05 of the Public Resources Code proposed by both this bill and Assembly Bill 2513. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, but this bill becomes operative first, (2) each bill amends Section 4799.05 of the Public Resources Code, and (3) this bill is enacted after Assembly Bill 2513, in which case Section 4799.05 of the Public Resources Code, as amended by Section 9 of this bill, shall remain operative only until the operative date of Assembly Bill 2513, at which time Section 9.5 of this bill shall become operative.
SEC. 11.SEC. 12.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to allow critical land management efforts to continue unabated it is necessary for this act to go into immediate effect.
This act shall be known, and may be cited, as the Good Fire Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)California has taken extraordinary actions to protect residents from catastrophic wildfires in recent years because effective, ecologically appropriate management of public and private lands across our state is critical to limiting dangerous wildfire conditions that threaten life and property and ensuring healthy, resilient ecosystems.
(b)Californias landscapes evolved with both natural ignitions and indigenous use of fire, and past policies that attempted to eradicate wildfires from these landscapes resulted in unintended adverse consequences, including overly dense forests and conditions that exacerbate risks of ignitions becoming large, dangerous fires.
(c)Beneficial fire includes practices known as cultural fire, cultural burning, prescribed fire, prescribed burning, good fire, and managed fire, which are practices that enable many types of landscapes to benefit from fire to protect communities and safeguard natural and cultural resources.
(d)Beneficial fire has a proven track record of restoring the health of Californias fire-adapted landscapes and limiting the intensity and severity of subsequent wildfires, thereby reducing the risk of large, catastrophic wildfires.
(e)Californias use of beneficial fire has expanded in recent years, and beneficial fire treatments doubled between 2021 and 2024 thanks to tribal, state, federal, local, and nonprofit partners. To reach state goals for both initial treatment and maintenance, however, significantly more beneficial fire is needed.
(f)In light of the conditions and risk of catastrophic fires, it is critical that the state take more action to further expedite and expand beneficial fire projects, where appropriate, to enable practitioners to more effectively implement safe and effective beneficial fire projects.
SEC. 3.Section 4477 of the Public Resources Code is amended to read:4477.(a)The State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses, who, pursuant to Section 4476, possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. The curriculum shall provide for the initial certification as well as the continuing education of burn bosses. As part of the continuing education of burn bosses, the State Fire Marshal shall require recertification no sooner than every three years. The department shall consider methods to increase the pool of available instructors for the certification program, including the use of nondepartment instructors. It is the intent of the Legislature that this curriculum become a regular part of the training of firefighters conducted by the Department of Forestry and Fire Protection and all other appropriate accredited training providers.
(b)In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall, in consultation with the Statewide Training and Education Advisory Committee, develop a mechanism to allow individuals certified by the department as a prescribed fire incident commander or equivalent, individuals qualified for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2 or equivalent, or individuals certified as prescribed fire managers or similar positions by other states pursuant to a certification program that is substantially similar to the program described in subdivision (a) to be designated as a state-certified burn boss pursuant to subdivision (a). Once certified, an individual may use the recertification process provided in subdivision (a) to maintain currency. currency as a state-certified burn boss.
(c)In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall develop a training program for prescribed fire users to certify professionals in any agency or organization as burn bosses. The department shall certify these individuals to a common standard. It is the intent of the Legislature that the department use its discretion to ensure that burn bosses are thoroughly qualified to engage in prescribed burning operations prior to issuing certifications.
(d)On or before July 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, in consultation with the California Conservation Corps, the Regional Forest and Fire Capacity program, a statewide intertribal organization or indigenous stewardship network, and the Sierra Nevada Conservancy, shall develop a proposal to establish a prescribed fire training center. In developing the proposal, the State Fire Marshal shall do all of the following:
(1)Collaborate with the University of California Cooperative Extension, fire safe councils, relevant California State Universities, California Native American tribes, tribal organizations, cultural fire practitioners, resource conservation districts, and other relevant stakeholders on the development of the proposal.
(2)Identify potential funding sources for the proposal, including, but not limited to, federal funds, and consider the proposals eligibility for those funding sources.
(3)Identify potential locations for a prescribed fire training center.
(4)Identify opportunities for satellite learning landscapes to support the work of the prescribed fire training center.
(5)Ensure that cultural fire practitioners are engaged in the development and ongoing leadership of the prescribed fire training center.
(e)On or before January 1, 2023, the State Fire Marshal shall post and update on its internet website the number of burn bosses with an active burn boss certification.
(f)Adherence to the best practices outlined in the curriculum and certification process established pursuant to this section shall constitute prima facie evidence of due diligence.
(g)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 4.Section 4493 of the Public Resources Code is amended to read:4493.(a)(1)Upon receipt of an application, the department shall inspect the land in company with the applicant to determine whether a permit shall be granted, shall prescribe the manner in which the site for the prescribed burning shall be prepared, and shall require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. The precautions shall, if deemed necessary, include the advance preparation of firebreaks and the firefighting equipment and personnel desirable to conduct the prescribed burning.
(2)Notwithstanding paragraph (1), the department may waive the inspection requirement or modify the standard precautions described in paragraph (1) for an application submitted by any of the following individuals:
(A)A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations.
(B)A person qualified for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2.
(C)A cultural fire practitioner, as defined in Section 3333.8 of the Civil Code.
(D)Other parties as determined by the director.
(b)In issuing the permit, the department shall consider the availability of nondepartmental contingency resources when determining whether to require department contingency resources as part of the required precautions.
(c)The department shall, to the extent feasible, employ burn suspensions at the unit level, and not at the state or regional level, to not unreasonably restrict prescribed burning operations that are within prescription.
(d)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 5.Section 4497.3 is added to the Public Resources Code, immediately following Section 4497.2, to read:4497.3.A state agency, department, board, or commission that has awarded grant funds for a project that includes the preparation for, or implementation of, a beneficial fire project shall include as an allowable expense of the grant the payment of overtime or double rates of pay to employees or contractors who prepare for or implement the beneficial fire project when such expenses are necessary for the implementation of the beneficial fire project.
SEC. 6.Section 4500 of the Public Resources Code is amended to read:4500.(a)For purposes of this section, article, the following terms have the following meanings:
(1)Burn boss means either of the following:
(A)A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations.
(B)A person who possesses current qualification for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2.
(2)Cultural burn has the same meaning as set forth in Section 3333.8 of the Civil Code.
(3)Cultural fire practitioner has the same meaning as set forth in Section 3333.8 of the Civil Code.
(4)Fund means the Prescribed Fire Claims Fund established pursuant to subdivision (c).
(5)Program means the Prescribed Fire Liability Pilot Program established pursuant to subdivision (b).
(b)The Prescribed Fire Liability Pilot Program is hereby established, to be administered by the department, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning.
(c)(1)(A)The Prescribed Fire Claims Fund is hereby created in the State Treasury to support coverage for losses from prescribed fires and cultural burning on any lands within the state led by individuals and entities other than the department or the federal government. The moneys in the fund shall be under the control of the department, and the department, or the third-party administrator with whom the department contracts pursuant to subdivision (d), is authorized to direct payments for claims from the fund, consistent with this section and the guidelines adopted by the department pursuant to subdivision (e).
(B)Upon order of the Department of Finance, the amount in Item 3540-102-0001 of the Budget Act of 2021 (Chapter 240 of the Statutes of 2021) shall be transferred into the fund.
(C)Notwithstanding Section 13340 of the Government Code or any other law, all moneys deposited or transferred into the fund, including pursuant to subparagraph (B), shall be continuously appropriated, without regard to fiscal years, to the department for purposes of this section.
(2)(A)Except as provided in subparagraph (B), notwithstanding any other law, the Controller may use moneys in the fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. Interest shall be paid on all moneys loaned to the General Fund and shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund.
(B)This paragraph does not authorize any transfer that would interfere with the departments ability to carry out the purposes of this section.
(d)(1)The department may contract with any entity, including another state agency, to serve as a third-party administrator to administer or to assist in administering the fund, including, but not limited to, managing and operating the fund, adjusting claims made to the fund, and paying claims from the fund. Subject to prior written approval by the Insurance Commissioner pursuant to Section 1063.19 of the Insurance Code, the California Insurance Guarantee Association may serve as a third-party administrator of the fund. Participation by the California Insurance Guarantee Association shall be governed by the Insurance Commissioners authority over its Plan of Operation, pursuant to Article 14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.
(2)A third-party administrator with whom the department contracts pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited from settling or adjusting any claims to the fund while seeking to subrogate against the fund.
(3)(A)Notwithstanding any other law, advertising, competitive bidding, and protest requirements, and the requirement for Department of General Services approval, do not apply to a contract of no more than three years entered into by the department in the 202223 fiscal year with a third-party administrator pursuant to this subdivision. However, subsequent contracts shall be awarded in accordance with applicable state laws and policies.
(B)In the event that a third-party administrator with whom the department contracts with pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited by law from settling or adjusting any claims to the fund as a result of seeking to subrogate against the fund, the department may award a contract to a new third-party administrator for the limited purpose of settling and adjusting those claims only and that contract shall not be subject to existing advertising, competitive bidding, and protest requirements, or the requirement for Department of General Services approval.
(e)The department shall collaborate with other relevant state agencies, cultural fire practitioners, and burn bosses to establish guidelines governing the program and the administration of the fund, including the payment of claims from the fund. The guidelines shall include, at a minimum, all of the following requirements:
(1)An eligible claim shall relate to either of the following:
(A)A prescribed fire conducted or supervised by a burn boss.
(B)A cultural burn conducted or supervised by a cultural fire practitioner.
(2)A claim shall not be paid from the fund unless, at a minimum, all of the following conditions are met:
(A)(i)The department or a burn boss has reviewed and approved a burn plan before the prescribed fire or cultural burning.
(ii)A burn plan shall be submitted to the claims fund portal before ignition.
(B)A burn permit, if required, and all other permits required to conduct the prescribed fire or cultural burn were obtained.
(C)The department determines that the prescribed fire or cultural burn complied with, as applicable, the terms and conditions of all burn plans, burn permits, and other permits required to conduct the prescribed fire or cultural burn.
(3)The maximum amount the fund shall pay for losses arising from any one prescribed fire or cultural burn event is two million dollars ($2,000,000). For purposes of this paragraph, losses arising from any one prescribed fire or cultural burn event means all activities conducted pursuant to any one burn plan and, if required, burn permit.
(4)Methods for prioritizing broadcast burns and burns by nonpublic individuals or entities or California Native American tribes in the event the fund is oversubscribed.
(f)The department shall post the guidelines established pursuant to subdivision (e) on its internet website.
(g)Notwithstanding any other law, the states liability for all claims for covered losses established pursuant to this section and the guidelines developed by the department pursuant to subdivision (e) shall be limited as described in this section and to the amount in the fund.
(h)The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the guidelines developed by the department pursuant to subdivision (e) and used by the department or a third-party administrator with whom the department contracts pursuant to subdivision (d) to implement the program and to administer the fund.
(i)A person engaging with a Native American tribe, tribal organization, or cultural fire practitioner pursuant to this article shall respect tribal sovereignty, customs, and culture.
(j)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 7.Section 4503 of the Public Resources Code is repealed.SEC. 8.Section 4503 is added to the Public Resources Code, to read:4503.No later than one year after a claim is paid from the fund, the department shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, regarding the claim process and propose statutory changes that may improve the efficiency, transparency, effectiveness, or overall function of the fund.
SEC. 8.SEC. 9.Section 4799.05 of the Public Resources Code is amended to read:4799.05.(a)(1)The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions.
(2)(A)The director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award.
(B)(i)The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.
(ii)The grantee shall file an accountability report with the department six months from the date of receiving the funds and every six months thereafter.
(C)(i)The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the departments use of advance payments.
(ii)A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.
(iii)The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.
(b)Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund.
(c)Moneys appropriated to the department for landscape-scale projects shall be allocated as follows:
(1)To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products.
(2)For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this paragraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department.
(3)For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this paragraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board.
(d)(1)Division 13 (commencing with Section 21000) does not apply to prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects, or to related activities included in the project description, undertaken, in whole or in part, on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) if either of the following is satisfied:
(A)The primary role of a state or local agency is providing funding or staffing for those projects.
(B)A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79.
(2)Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1).
(3)This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations.
(4)(A)If the lead agency, as defined in Section 21067, determines that a project is not subject to Division 13 (commencing with Section 21000) pursuant to this subdivision and it determines to approve or carry out the project, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation and with the county clerk in the county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. The lead agency shall also post the notice of exemption on its internet website together with a description of where the documents analyzing the environmental impacts of the project under the federal National Environmental Policy Act of 1969 are available for public review.
(B)If the lead agency is not the department, the lead agency shall also provide the notice of exemption together with the information set forth in subdivision (d) of Section 4137 to the department. The department shall compile the information submitted to it pursuant to this subparagraph and post the information on the departments internet website.
(5)On or before February 1, 2027, if the Secretary of the Natural Resources Agency determines that substantial changes have been made since January 1, 2023, to the federal National Environmental Policy Act of 1969 or other federal laws that affect the management of federal forest lands in California, the secretary shall report those changes to the Legislature in accordance with Section 9795 of the Government Code.
(6)This subdivision shall become inoperative on January 1, 2028.
(e)Division 13 (commencing with Section 21000) does not apply to any discretionary approval necessary to carry out or implement projects funded by the Nature-Based Solutions Tribal Program or the tribal cultural burn and tribal wildfire funding authorized by Schedule (2) of Item 3540-101-0001 of Section 2.00 of the Budget Act of 2021, as added by Section 46 of Chapter 240 of the Statutes of 2021. This subdivision only applies to projects carried out on lands subject to the jurisdictional control or the ownership of a California Native American tribe, as defined in Section 21073.
SEC. 9.SEC. 10.Section 21080.49.1 is added to the Public Resources Code, immediately following Section 21080.49, to read:21080.49.1.This division does not apply to actions taken by the Department of Forestry and Fire Protection to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with this division.
SEC. 10.SEC. 11.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to allow critical land management efforts to continue unabated it is necessary for this act to go into immediate effect.
This act shall be known, and may be cited, as the Good Fire Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)California has taken extraordinary actions to protect residents from catastrophic wildfires in recent years because effective, ecologically appropriate management of public and private lands across our state is critical to limiting dangerous wildfire conditions that threaten life and property and ensuring healthy, resilient ecosystems.
(b)Californias landscapes evolved with both natural ignitions and indigenous use of fire, and past policies that attempted to eradicate wildfires from these landscapes resulted in unintended adverse consequences, including overly dense forests and conditions that exacerbate risks of ignitions becoming large, dangerous fires.
(c)Beneficial fire includes practices known as cultural fire, cultural burning, prescribed fire, prescribed burning, good fire, and managed fire, which are practices that enable many types of landscapes to benefit from fire to protect communities and safeguard natural and cultural resources.
(d)Beneficial fire has a proven track record of restoring the health of Californias fire-adapted landscapes and limiting the intensity and severity of subsequent wildfires, thereby reducing the risk of large, catastrophic wildfires.
(e)Californias use of beneficial fire has expanded in recent years, and beneficial fire treatments doubled between 2021 and 2024 thanks to tribal, state, federal, local, and nonprofit partners. To reach state goals for both initial treatment and maintenance, however, significantly more beneficial fire is needed.
(f)In light of the forest conditions and risk of catastrophic fires, it is critical that the state take more action to further expedite and expand beneficial fire projects, where appropriate, to enable practitioners to more effectively implement safe and effective beneficial fire projects.
SEC. 3.Section 4477 of the Public Resources Code is amended to read:4477.(a)The State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses, who, pursuant to Section 4476, possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. The curriculum shall provide for the initial certification as well as the continuing education of burn bosses. As part of the continuing education of burn bosses, the State Fire Marshal shall require recertification no sooner than every three years. The department shall consider methods to increase the pool of available instructors for the certification program, including the use of nondepartment instructors. It is the intent of the Legislature that this curriculum become a regular part of the training of firefighters conducted by the Department of Forestry and Fire Protection and all other appropriate accredited training providers.
(b)In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall, in consultation with the Statewide Training and Education Advisory Committee, develop a mechanism to allow individuals certified by the department as a prescribed fire incident commander or equivalent, individuals qualified for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2 or equivalent, or individuals certified as prescribed fire managers or similar positions by other states pursuant to a certification program that is substantially similar to the program described in subdivision (a) to be designated as a state-certified burn boss pursuant to subdivision (a). Once certified, an individual may use the recertification process provided in subdivision (a) to maintain currency.
(c)In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall develop a training program for prescribed fire users to certify professionals in any agency or organization as burn bosses. The department shall certify these individuals to a common standard. It is the intent of the Legislature that the department use its discretion to ensure that burn bosses are thoroughly qualified to engage in prescribed burning operations prior to issuing certifications.
(d)On or before July 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, in consultation with the California Conservation Corps, the Regional Forest and Fire Capacity program, a statewide intertribal organization or indigenous stewardship network, and the Sierra Nevada Conservancy, shall develop a proposal to establish a prescribed fire training center. In developing the proposal, the State Fire Marshal shall do all of the following:
(1)Collaborate with the University of California Cooperative Extension, fire safe councils, relevant California State Universities, California Native American tribes, tribal organizations, cultural fire practitioners, resource conservation districts, and other relevant stakeholders on the development of the proposal.
(2)Identify potential funding sources for the proposal, including, but not limited to, federal funds, and consider the proposals eligibility for those funding sources.
(3)Identify potential locations for a prescribed fire training center.
(4)Identify opportunities for satellite learning landscapes to support the work of the prescribed fire training center.
(5)Ensure that cultural fire practitioners are engaged in the development and ongoing leadership of the prescribed fire training center.
(e)On or before January 1, 2023, the State Fire Marshal shall post and update on its internet website the number of burn bosses with an active burn boss certification.
(f)Adherence to the best practices outlined in the curriculum and certification process established pursuant to this section shall constitute prima facie evidence of due diligence.
(g)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 4.Section 4493 of the Public Resources Code is amended to read:4493.(a)(1)Upon receipt of an application, the department shall inspect the land in company with the applicant to determine whether a permit shall be granted, shall prescribe the manner in which the site for the prescribed burning shall be prepared, and shall require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. The precautions shall, if deemed necessary, include the advance preparation of firebreaks and the firefighting equipment and personnel desirable to conduct the prescribed burning.
(2)Notwithstanding paragraph (1), the department may waive the inspection requirement or modify the standard precautions described in paragraph (1) for an application submitted by any of the following individuals:
(A)A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations.
(B)A person qualified for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2.
(C)A cultural fire practitioner, as defined in Section 3333.8 of the Civil Code.
(D)Other parties as determined by the director.
(b)In issuing the permit, the department shall consider the availability of nondepartmental contingency resources when determining whether to require department contingency resources as part of the required precautions.
(c)The department shall, to the extent feasible, employ burn suspensions at the unit level, and not at the state or regional level, to not unreasonably restrict prescribed burning operations that are within prescription.
(d)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 5.Section 4497.3 is added to the Public Resources Code, immediately following Section 4497.2, to read:4497.3.(a)A state agency, department, board, or commission that has awarded grant funds or other sources of funds to an awardee, who is paying individuals engaged in the preparation for or implementation of beneficial fire projects from those funds, shall not, in the disbursement of the award, restrict payment covering the cost of providing overtime or double rates of pay unless that restriction is required by the applicable statute establishing the funding. for a project that includes the preparation for, or implementation of, a beneficial fire project shall include as an allowable expense of the grant the payment of overtime or double rates of pay to employees or contractors who prepare for or implement the beneficial fire project when such expenses are necessary for the implementation of the beneficial fire project.
(b)The restriction in subdivision (a) shall apply to, but not be limited to, the departments Forest Health Program.SEC. 6.Section 4500 of the Public Resources Code is amended to read:4500.(a)For purposes of this section, the following terms have the following meanings:
(1)Burn boss means either of the following:
(A)A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations.
(B)A person who possesses current qualification for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2.
(2)Cultural burn has the same meaning as set forth in Section 3333.8 of the Civil Code.
(3)Cultural fire practitioner has the same meaning as set forth in Section 3333.8 of the Civil Code.
(4)Fund means the Prescribed Fire Claims Fund established pursuant to subdivision (c).
(5)Program means the Prescribed Fire Liability Pilot Program established pursuant to subdivision (b).
(b)The Prescribed Fire Liability Pilot Program is hereby established, to be administered by the department, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning.
(c)(1)(A)The Prescribed Fire Claims Fund is hereby created in the State Treasury to support coverage for losses from prescribed fires and cultural burning on any lands within the state led by individuals and entities other than the department or the federal government. The moneys in the fund shall be under the control of the department, and the department, or the third-party administrator with whom the department contracts pursuant to subdivision (d), is authorized to direct payments for claims from the fund, consistent with this section and the guidelines adopted by the department pursuant to subdivision (e).
(B)Upon order of the Department of Finance, the amount in Item 3540-102-0001 of the Budget Act of 2021 (Chapter 240 of the Statutes of 2021) shall be transferred into the fund.
(C)Notwithstanding Section 13340 of the Government Code or any other law, all moneys deposited or transferred into the fund, including pursuant to subparagraph (B), shall be continuously appropriated, without regard to fiscal years, to the department for purposes of this section.
(2)(A)Except as provided in subparagraph (B), notwithstanding any other law, the Controller may use moneys in the fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. Interest shall be paid on all moneys loaned to the General Fund and shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund.
(B)This paragraph does not authorize any transfer that would interfere with the departments ability to carry out the purposes of this section.
(d)(1)The department may contract with any entity, including another state agency, to serve as a third-party administrator to administer or to assist in administering the fund, including, but not limited to, managing and operating the fund, adjusting claims made to the fund, and paying claims from the fund. Subject to prior written approval by the Insurance Commissioner pursuant to Section 1063.19 of the Insurance Code, the California Insurance Guarantee Association may serve as a third-party administrator of the fund. Participation by the California Insurance Guarantee Association shall be governed by the Insurance Commissioners authority over its Plan of Operation, pursuant to Article 14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.
(2)A third-party administrator with whom the department contracts pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited from settling or adjusting any claims to the fund while seeking to subrogate against the fund.
(3)(A)Notwithstanding any other law, advertising, competitive bidding, and protest requirements, and the requirement for Department of General Services approval, do not apply to a contract of no more than three years entered into by the department in the 202223 fiscal year with a third-party administrator pursuant to this subdivision. However, subsequent contracts shall be awarded in accordance with applicable state laws and policies.
(B)In the event that a third-party administrator with whom the department contracts with pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited by law from settling or adjusting any claims to the fund as a result of seeking to subrogate against the fund, the department may award a contract to a new third-party administrator for the limited purpose of settling and adjusting those claims only and that contract shall not be subject to existing advertising, competitive bidding, and protest requirements, or the requirement for Department of General Services approval.
(e)The department shall collaborate with other relevant state agencies, cultural fire practitioners, and burn bosses to establish guidelines governing the program and the administration of the fund, including the payment of claims from the fund. The guidelines shall include, at a minimum, all of the following requirements:
(1)An eligible claim shall relate to either of the following:
(A)A prescribed fire conducted or supervised by a burn boss.
(B)A cultural burn conducted or supervised by a cultural fire practitioner.
(2)A claim shall not be paid from the fund unless, at a minimum, all of the following conditions are met:
(A)(i)The department or a burn boss has reviewed and approved a burn plan before the prescribed fire or cultural burning.
(ii)Notwithstanding clause (i), a department approval shall not be required for a plan reviewed and approved by a burn boss.(ii)A burn plan shall be submitted to the claims fund portal before ignition.
(B)A burn permit, if required, and all other permits required to conduct the prescribed fire or cultural burn were obtained.
(C)The department determines that the prescribed fire or cultural burn complied with, as applicable, the terms and conditions of all burn plans, burn permits, and other permits required to conduct the prescribed fire or cultural burn.
(3)The maximum amount the fund shall pay for losses arising from any one prescribed fire or cultural burn event is two million dollars ($2,000,000). For purposes of this paragraph, losses arising from any one prescribed fire or cultural burn event means all activities conducted pursuant to any one burn plan and, if required, burn permit.
(4)Methods for prioritizing broadcast burns and burns by nonpublic individuals or entities or California Native American tribes in the event the fund is oversubscribed.
(f)The department shall post the guidelines established pursuant to subdivision (e) on its internet website.
(g)Notwithstanding any other law, the states liability for all claims for covered losses established pursuant to this section and the guidelines developed by the department pursuant to subdivision (e) shall be limited as described in this section and to the amount in the fund.
(h)The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the guidelines developed by the department pursuant to subdivision (e) and used by the department or a third-party administrator with whom the department contracts pursuant to subdivision (d) to implement the program and to administer the fund.
(i)A person engaging with a Native American tribe, tribal organization, or cultural fire practitioner pursuant to this article shall respect tribal sovereignty, customs, and culture.
(j)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 7.Section 4503 of the Public Resources Code is repealed.SEC. 8.Section 4799.05 of the Public Resources Code is amended to read:4799.05.(a)(1)The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions.
(2)(A)The director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award.
(B)(i)The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.
(ii)The grantee shall file an accountability report with the department four six months from the date of receiving the funds and every four six months thereafter.
(C)(i)The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the departments use of advance payments.
(ii)A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.
(iii)The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.
(b)Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund.
(c)Moneys appropriated to the department for landscape-scale projects shall be allocated as follows:
(1)To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products.
(2)For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this paragraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department.
(3)For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this paragraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board.
(d)(1)Division 13 (commencing with Section 21000) does not apply to prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects, or to related activities included in the project description, undertaken, in whole or in part, on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) if either of the following is satisfied:
(A)The primary role of a state or local agency is providing funding or staffing for those projects.
(B)A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79.
(2)Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1).
(3)This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations.
(4)(A)If the lead agency, as defined in Section 21067, determines that a project is not subject to Division 13 (commencing with Section 21000) pursuant to this subdivision and it determines to approve or carry out the project, the lead agency shall file a notice of exemption with the Office of Planning and Research Land Use and Climate Innovation and with the county clerk in the county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. The lead agency shall also post the notice of exemption on its internet website together with a description of where the documents analyzing the environmental impacts of the project under the federal National Environmental Policy Act of 1969 are available for public review.
(B)If the lead agency is not the department, the lead agency shall also provide the notice of exemption together with the information set forth in subdivision (d) of Section 4137 to the department. The department shall compile the information submitted to it pursuant to this subparagraph and post the information on the departments internet website.
(5)On or before February 1, 2027, if the Secretary of the Natural Resources Agency determines that substantial changes have been made since January 1, 2023, to the federal National Environmental Policy Act of 1969 or other federal laws that affect the management of federal forest lands in California, the secretary shall report those changes to the Legislature in accordance with Section 9795 of the Government Code.
(6)This subdivision shall become inoperative on January 1, 2028.
(e)Division 13 (commencing with Section 21000) does not apply to any discretionary approval necessary to carry out or implement projects funded by the Nature-Based Solutions Tribal Program or the tribal cultural burn and tribal wildfire funding authorized by Schedule (2) of Item 3540-101-0001 of Section 2.00 of the Budget Act of 2021, as added by Section 46 of Chapter 240 of the Statutes of 2021. This subdivision only applies to projects carried out on lands subject to the jurisdictional control or the ownership of a California Native American tribe, as defined in Section 21073.
SEC. 8.SEC. 9.Section 21080.49.1 is added to the Public Resources Code, immediately following Section 21080.49, to read:21080.49.1.This division does not apply to actions taken by the Department of Forestry and Fire Protection to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with this division.
SEC. 10.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to allow critical land management efforts to continue unabated it is necessary for this act to go into immediate effect.
This act shall be known, and may be cited as, cited, as the Good Fire Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)California has taken extraordinary actions to protect residents from catastrophic wildfires in recent years because effective, ecologically appropriate management of public and private lands across our state is critical to limiting dangerous wildfire conditions that threaten life and property and ensuring healthy, resilient ecosystems.
(b)Californias landscapes evolved with both natural ignitions and indigenous use of fire, and past policies that attempted to eradicate wildfires from these landscapes resulted in unintended adverse consequences, including overly dense forests and conditions that exacerbate risks of ignitions becoming large, dangerous fires.
(c)Beneficial fire includes practices known as cultural fire, cultural burning, prescribed fire, prescribed burning, good fire, and managed fire, which are practices that enable many types of landscapes to benefit from fire to protect communities and safeguard natural and cultural resources.
(d)Beneficial fire has a proven track record of restoring the health of Californias fire-adapted landscapes and limiting the intensity and severity of subsequent wildfires, thereby reducing the risk of large, catastrophic wildfires.
(e)Californias use of beneficial fire has expanded in recent years, and beneficial fire treatments doubled between 2021 and 2024 thanks to tribal, state, federal, local, and nonprofit partners. To reach state goals for both initial treatment and maintenance, however, significantly more beneficial fire is needed.
(f)In light of the forest conditions and risk of catastrophic fires, it is critical that the state take more action to further expedite and expand beneficial fire projects, where appropriate, to enable practitioners to more effectively implement safe and effective beneficial fire projects.
SEC. 3.Section 4477 of the Public Resources Code is amended to read:4477.(a)The State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses, who, pursuant to Section 4476, possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. The curriculum shall provide for the initial certification as well as the continuing education of burn bosses. As part of the continuing education of burn bosses, the State Fire Marshal shall require recertification no sooner than every three years. The department shall consider methods to increase the pool of available instructors for the certification program, including the use of nondepartment instructors. It is the intent of the Legislature that this curriculum become a regular part of the training of firefighters conducted by the Department of Forestry and Fire Protection and all other appropriate accredited training providers.
(b)In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall, in consultation with the Statewide Training and Education Advisory Committee, develop a mechanism to allow individuals certified by the department as a prescribed fire incident commander or equivalent, individuals qualified for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2 or equivalent, or individuals certified as prescribed fire managers or similar positions by other states pursuant to a certification program that is substantially similar to the program described in subdivision (a) to be designated as a state-certified burn boss pursuant to subdivision (a). Once certified, an individual may use the recertification process provided in subdivision (a) to maintain currency.
(c)In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall develop a training program for prescribed fire users to certify professionals in any agency or organization as burn bosses. The department shall certify these individuals to a common standard. It is the intent of the Legislature that the department use its discretion to ensure that burn bosses are thoroughly qualified to engage in prescribed burning operations prior to issuing certifications.
(d)On or before July 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, in consultation with the California Conservation Corps, the Regional Forest and Fire Capacity program, a statewide intertribal organization or indigenous stewardship network, and the Sierra Nevada Conservancy, shall develop a proposal to establish a prescribed fire training center. In developing the proposal, the State Fire Marshal shall do all of the following:
(1)Collaborate with the University of California Cooperative Extension, fire safe councils, relevant California State Universities, California Native American tribes, tribal organizations, cultural fire practitioners, resource conservation districts, and other relevant stakeholders on the development of the proposal.
(2)Identify potential funding sources for the proposal, including, but not limited to, federal funds, and consider the proposals eligibility for those funding sources.
(3)Identify potential locations for a prescribed fire training center.
(4)Identify opportunities for satellite learning landscapes to support the work of the prescribed fire training center.
(5)Ensure that cultural fire practitioners are engaged in the development and ongoing leadership of the prescribed fire training center.
(e)On or before January 1, 2023, the State Fire Marshal shall post and update on its internet website the number of burn bosses with an active burn boss certification.
(f)Adherence to the best practices outlined in the curriculum and certification process established pursuant to this section shall constitute prima facie evidence of due diligence.
(g)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 4.Section 4493 of the Public Resources Code is amended to read:4493.(a)(1)Upon receipt of an application, the department shall inspect the land in company with the applicant to determine whether a permit shall be granted, shall prescribe the manner in which the site for the prescribed burning shall be prepared, and shall require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. The precautions shall, if deemed necessary, include the advance preparation of firebreaks and the firefighting equipment and personnel desirable to conduct the prescribed burning.
(2)Notwithstanding paragraph (1), the department may waive the inspection requirement or modify the standard precautions described in paragraph (1) for an application submitted by any of the following individuals:
(A)A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations.
(B)A person qualified for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2.
(C)A cultural fire practitioner, as defined in Section 3333.8 of the Civil Code.
(D)Other parties as determined by the director.
(b)In issuing the permit, the department shall consider the availability of nondepartmental contingency resources when determining whether to require department contingency resources as part of the required precautions.
(c)The department shall, to the extent feasible, employ burn suspensions at the unit level, and not at the state or regional level, to not unreasonably restrict prescribed burning operations that are within prescription.
(d)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 5.Section 4497.3 is added to the Public Resources Code, immediately following Section 4497.2, to read:4497.3.(a)A state agency, department, board, or commission that has awarded grant funds or other sources of funds to an awardee, who is paying individuals engaged in the preparation for or implementation of beneficial fire projects from those funds, shall not, in the disbursement of the award, restrict payment covering the cost of providing overtime or double rates of pay unless that restriction is required by the applicable statute establishing the funding.
(b)The restriction in subdivision (a) shall apply to, but not be limited to, the departments Forest Health Program.
SEC. 6.Section 4500 of the Public Resources Code is amended to read:4500.(a)For purposes of this section, the following terms have the following meanings:
(1)Burn boss means either of the following:
(A)A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations.
(B)A person who possesses current qualification for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2.
(2)Cultural burn has the same meaning as set forth in Section 3333.8 of the Civil Code.
(3)Cultural fire practitioner has the same meaning as set forth in Section 3333.8 of the Civil Code.
(4)Fund means the Prescribed Fire Claims Fund established pursuant to subdivision (c).
(5)Program means the Prescribed Fire Liability Pilot Program established pursuant to subdivision (b).
(b)The Prescribed Fire Liability Pilot Program is hereby established, to be administered by the department, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning.
(c)(1)(A)The Prescribed Fire Claims Fund is hereby created in the State Treasury to support coverage for losses from prescribed fires and cultural burning led by individuals and entities other than the department or the federal government. The moneys in the fund shall be under the control of the department, and the department, or the third-party administrator with whom the department contracts pursuant to subdivision (d), is authorized to direct payments for claims from the fund, consistent with this section and the guidelines adopted by the department pursuant to subdivision (e).
(B)Upon order of the Department of Finance, the amount in Item 3540-102-0001 of the Budget Act of 2021 (Chapter 240 of the Statutes of 2021) shall be transferred into the fund.
(C)Notwithstanding Section 13340 of the Government Code or any other law, all moneys deposited or transferred into the fund, including pursuant to subparagraph (B), shall be continuously appropriated, without regard to fiscal years, to the department for purposes of this section.
(2)(A)Except as provided in subparagraph (B), notwithstanding any other law, the Controller may use moneys in the fund for cash flow cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. Interest shall be paid on all moneys loaned to the General Fund and shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund.
(B)This paragraph does not authorize any transfer that would interfere with the departments ability to carry out the purposes of this section.
(d)(1)The department may contract with any entity, including another state agency, to serve as a third-party administrator to administer or to assist in administering the fund, including, but not limited to, managing and operating the fund, adjusting claims made to the fund, and paying claims from the fund. Subject to prior written approval by the Insurance Commissioner pursuant to Section 1063.19 of the Insurance Code, the California Insurance Guarantee Association may serve as a third-party administrator of the fund. Participation by the California Insurance Guarantee Association shall be governed by the Insurance Commissioners authority over its Plan of Operation, pursuant to Article 14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.
(2)A third-party administrator with whom the department contracts pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited from settling or adjusting any claims to the fund while seeking to subrogate against the fund.
(3)(A)Notwithstanding any other law, advertising, competitive bidding, and protest requirements, and the requirement for Department of General Services approval, do not apply to a contract of no more than three years entered into by the department in the 20222023 202223 fiscal year with a third-party administrator pursuant to this subdivision. However, subsequent contracts shall be awarded in accordance with applicable state laws and policies.
(B)In the event that a third-party administrator with whom the department contracts with pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited by law from settling or adjusting any claims to the fund as a result of seeking to subrogate against the fund, the department may award a contract to a new third-party administrator for the limited purpose of settling and adjusting those claims only and that contract shall not be subject to existing advertising, competitive bidding, and protest requirements, or the requirement for Department of General Services approval.
(e)The department shall collaborate with other relevant state agencies, cultural fire practitioners, and burn bosses to establish guidelines governing the program and the administration of the fund, including the payment of claims from the fund. The guidelines shall include, at a minimum, all of the following requirements:
(1)An eligible claim shall relate to either of the following:
(A)A prescribed fire conducted or supervised by a burn boss.
(B)A cultural burn conducted or supervised by a cultural fire practitioner.
(2)A claim shall not be paid from the fund unless, at a minimum, all of the following conditions are met:
(A)(i)The department reviewed and approved a burn plan before the prescribed fire or cultural burning.
(ii)Notwithstanding clause (i), a department approval shall not be required for a plan reviewed and approved by a burn boss.
(B)A burn permit, if required, and all other permits required to conduct the prescribed fire or cultural burn were obtained.
(C)The department determines that the prescribed fire or cultural burn complied with, as applicable, the terms and conditions of all burn plans, burn permits, and other permits required to conduct the prescribed fire or cultural burn.
(3)The maximum amount the fund shall pay for losses arising from any one prescribed fire or cultural burn event is two million dollars ($2,000,000). For purposes of this paragraph, losses arising from any one prescribed fire or cultural burn event means all activities conducted pursuant to any one burn plan and, if required, burn permit.
(4)Methods for prioritizing broadcast burns and burns by nonpublic individuals or entities or California Native American tribes in the event the fund is oversubscribed.
(f)The department shall post the guidelines established pursuant to subdivision (e) on its internet website.
(g)Notwithstanding any other law, the states liability for all claims for covered losses established pursuant to this section and the guidelines developed by the department pursuant to subdivision (e) shall be limited as described in this section and to the amount in the fund.
(h)The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the guidelines developed by the department pursuant to subdivision (e) and used by the department or a third-party administrator with whom the department contracts pursuant to subdivision (d) to implement the program and to administer the fund.
(i)A person engaging with a Native American tribe, tribal organization, or cultural fire practitioner pursuant to this article shall respect tribal sovereignty, customs, and culture.
(j)The changes made to this section by Assembly Bill 1699 of the 202526 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
SEC. 7.Section 4503 of the Public Resources Code is repealed.SEC. 8.Section 21080.49.1 is added to the Public Resources Code, immediately following Section 21080.49, to read:21080.49.1.This division does not apply to actions taken by the Department of Forestry and Fire Protection to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with this division.
This act shall be known, and may be cited as, the Good Fire Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)California has taken extraordinary actions to protect residents from catastrophic wildfires in recent years because effective, ecologically appropriate management of public and private lands across our state is critical to limiting dangerous wildfire conditions that threaten life and property and ensuring healthy, resilient ecosystems.
(b)Californias landscapes evolved with both natural ignitions and indigenous use of fire, and past policies that attempted to eradicate wildfires from these landscapes resulted in unintended adverse consequences, including overly dense forests and conditions that exacerbate risks of ignitions becoming large, dangerous fires.
(c)Beneficial fire includes practices known as cultural fire, cultural burning, prescribed fire, prescribed burning, good fire, and managed fire, which are practices that enable many types of landscapes to benefit from fire to protect communities and safeguard natural and cultural resources.
(d)Beneficial fire has a proven track record of restoring the health of Californias fire-adapted landscapes and limiting the intensity and severity of subsequent wildfires, thereby reducing the risk of large, catastrophic wildfires.
(e)Californias use of beneficial fire has expanded in recent years, and beneficial fire treatments doubled between 2021 and 2024 thanks to tribal, state, federal, local, and nonprofit partners. To reach state goals for both initial treatment and maintenance, however, significantly more beneficial fire is needed.
(f)In light of the forest conditions and risk of catastrophic fires, it is critical that the state take more action to further expedite and expand beneficial fire projects, where appropriate, to enable practitioners to more effectively implement safe and effective beneficial fire projects.
SEC. 3.Section 4477 of the Public Resources Code is amended to read:4477.(a)The State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses, who, pursuant to Section 4476, possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. The curriculum shall provide for the initial certification as well as the continuing education of burn bosses. As part of the continuing education of burn bosses, the State Fire Marshal shall require recertification no sooner than every three years. The department shall consider methods to increase the pool of available instructors for the certification program, including the use of nondepartment instructors. It is the intent of the Legislature that this curriculum become a regular part of the training of firefighters conducted by the Department of Forestry and Fire Protection and all other appropriate accredited training providers.
(b)In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall, in consultation with the Statewide Training and Education Advisory Committee, develop a mechanism to allow individuals certified by the department as a prescribed fire incident commander or equivalent, individuals qualified for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2 or equivalent, or individuals certified as prescribed fire managers or similar positions by other states pursuant to a certification program that is substantially similar to the program described in subdivision (a) to be designated as a state-certified burn boss pursuant to subdivision (a). Once certified, an individual may use the recertification process provided in subdivision (a) to maintain currency.
(c)In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall develop a training program for prescribed fire users to certify professionals in any agency or organization as burn bosses. The department shall certify these individuals to a common standard. It is the intent of the Legislature that the department use its discretion to ensure that burn bosses are thoroughly qualified to engage in prescribed burning operations prior to issuing certifications.
(c)(d)On or before July 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, in consultation with the California Conservation Corps, the Regional Forest and Fire Capacity program, a statewide intertribal organization or indigenous stewardship network, and the Sierra Nevada Conservancy, shall develop a proposal to establish a prescribed fire training center. In developing the proposal, the State Fire Marshal shall do all of the following:
(1)Collaborate with the University of California Cooperative Extension, fire safe councils, relevant California State Universities, California Native American tribes, tribal organizations, cultural fire practitioners, resource conservation districts, and other relevant stakeholders on the development of the proposal.
(2)Identify potential funding sources for the proposal, including, but not limited to, federal funds, and consider the proposals eligibility for those funding sources.
(3)Identify potential locations for a prescribed fire training center.
(4)Identify opportunities for satellite learning landscapes to support the work of the prescribed fire training center.
(5)Ensure that cultural fire practitioners are engaged in the development and ongoing leadership of the prescribed fire training center.
(d)(e)On or before January 1, 2023, the State Fire Marshal shall post and update on its internet website the number of burn bosses with an active burn boss certification.
(e)(f)Adherence to the best practices outlined in the curriculum and certification process established pursuant to this section shall constitute prima facie evidence of due diligence.
SEC. 4.Section 4493 of the Public Resources Code is amended to read:4493.(a)(1)Upon receipt of an application, the department shall inspect the land in company with the applicant to determine whether a permit shall be granted, shall prescribe the manner in which the site for the prescribed burning shall be prepared, and shall require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. The precautions shall, if deemed necessary, include the advance preparation of firebreaks and the firefighting equipment and personnel desirable to conduct the prescribed burning.
(2)Notwithstanding paragraph (1), the department may waive the inspection requirement or modify the standard precautions described in paragraph (1) for an application submitted by any of the following individuals:
(A)A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations.
(B)A person qualified for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2.
(C)A cultural fire practitioner, as defined in Section 3333.8 of the Civil Code.
(D)Other parties as determined by the director.
(b)In issuing the permit, the department shall consider the availability of nondepartmental contingency resources when determining whether to require department contingency resources as part of the required precautions.
(c)The department shall, to the extent feasible, employ burn suspensions at the unit level, and not at the state or regional level, to not unreasonably restrict prescribed burning operations that are within prescription.
SEC. 5.Section 4497.3 is added to the Public Resources Code, immediately following Section 4497.2, to read:4497.3.(a)A state agency, department, board, or commission that has awarded grant funds or other sources of funds to an awardee, who is paying individuals engaged in the preparation for or implementation of beneficial fire projects from those funds, shall not, in the disbursement of the award, restrict payment covering the cost of providing overtime or double rates of pay unless that restriction is required by the applicable statute establishing the funding.
(b)The restriction in subdivision (a) shall apply to, but not be limited to, the departments Forest Health Program.
SEC. 6.Section 4500 of the Public Resources Code is amended to read:4500.(a)For purposes of this section, the following terms have the following meanings:
(1)Burn boss means either of the following:
(A)A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations.
(B)A person qualified who possesses current qualification for the National Wildfire Coordinating Group position title of Prescribed Fire Burn Boss Type 1 or Prescribed Fire Burn Boss Type 2.
(2)Cultural burn has the same meaning as set forth in Section 3333.8 of the Civil Code.
(3)Cultural fire practitioner has the same meaning as set forth in Section 3333.8 of the Civil Code.
(4)Fund means the Prescribed Fire Claims Fund established pursuant to subdivision (c).
(5)Program means the Prescribed Fire Liability Pilot Program established pursuant to subdivision (b).
(b)The Prescribed Fire Liability Pilot Program is hereby established, to be administered by the department, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning.
(c)(1)(A)The Prescribed Fire Claims Fund is hereby created 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. led by individuals and entities other than the department or the federal government. The moneys in the fund shall be under the control of the department, and the department, or the third-party administrator with whom the department contracts pursuant to subdivision (d), is authorized to direct payments for claims from the fund, consistent with this section and the guidelines adopted by the department pursuant to subdivision (e).
(B)Upon order of the Department of Finance, the amount in Item 3540-102-0001 of the Budget Act of 2021 (Chapter 240 of the Statutes of 2021) shall be transferred into the fund.
(C)Notwithstanding Section 13340 of the Government Code or any other law, all moneys deposited or transferred into the fund, including pursuant to subparagraph (B), shall be continuously appropriated, without regard to fiscal years, to the department for purposes of this section.
(2)(A)Except as provided in subparagraph (B), notwithstanding any other law, the Controller may use moneys in the fund for cash flow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. Interest shall be paid on all moneys loaned to the General Fund and shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund.
(B)This paragraph does not authorize any transfer that would interfere with the departments ability to carry out the purposes of this section.
(d)(1)The department may contract with any entity, including another state agency, to serve as a third-party administrator to administer or to assist in administering the fund, including, but not limited to, managing and operating the fund, adjusting claims made to the fund, and paying claims from the fund. Subject to prior written approval by the Insurance Commissioner pursuant to Section 1063.19 of the Insurance Code, the California Insurance Guarantee Association may serve as a third-party administrator of the fund. Participation by the California Insurance Guarantee Association shall be governed by the Insurance Commissioners authority over its Plan of Operation, pursuant to Article 14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.
(2)A third-party administrator with whom the department contracts pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited from settling or adjusting any claims to the fund while seeking to subrogate against the fund.
(3)(A)Notwithstanding any other law, advertising, competitive bidding, and protest requirements, and the requirement for Department of General Services approval, do not apply to a contract of no more than three years entered into by the department in the 20222023 fiscal year with a third-party administrator pursuant to this subdivision. However, subsequent contracts shall be awarded in accordance with applicable state laws and policies.
(B)In the event that a third-party administrator with whom the department contracts with pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited by law from settling or adjusting any claims to the fund as a result of seeking to subrogate against the fund, the department may award a contract to a new third-party administrator for the limited purpose of settling and adjusting those claims only and that contract shall not be subject to existing advertising, competitive bidding, and protest requirements, or the requirement for Department of General Services approval.
(e)The department shall collaborate with other relevant state agencies, cultural fire practitioners, and burn bosses to establish guidelines governing the program and the administration of the fund, including the payment of claims from the fund. The guidelines shall include, at a minimum, all of the following requirements:
(1)An eligible claim shall relate to either of the following:
(A)A prescribed fire conducted or supervised by a burn boss.
(B)A cultural burn conducted or supervised by a cultural fire practitioner.
(2)A claim shall not be paid from the fund unless, at a minimum, all of the following conditions are met:
(A)(i)The department reviewed and approved a burn plan before the prescribed fire or cultural burning.
(ii)Notwithstanding clause (i), a department approval shall not be required for a plan reviewed and approved by a burn boss.
(B)A burn permit, if required, and all other permits required to conduct the prescribed fire or cultural burn were obtained.
(C)The department determines that the prescribed fire or cultural burn complied with, as applicable, the terms and conditions of all burn plans, burn permits, and other permits required to conduct the prescribed fire or cultural burn.
(3)The maximum amount the fund shall pay for losses arising from any one prescribed fire or cultural burn event is two million dollars ($2,000,000). For purposes of this paragraph, losses arising from any one prescribed fire or cultural burn event means all activities conducted pursuant to any one burn plan and, if required, burn permit.
(4)Methods for prioritizing broadcast burns and burns by nonpublic individuals or entities or California Native American tribes in the event the fund is oversubscribed.
(f)The department shall post the guidelines established pursuant to subdivision (e) on its internet website.
(g)Notwithstanding any other law, the states liability for all claims for covered losses established pursuant to this section and the guidelines developed by the department pursuant to subdivision (e) shall be limited as described in this section and to the amount in the fund.
(h)The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the guidelines developed by the department pursuant to subdivision (e) and used by the department or a third-party administrator with whom the department contracts pursuant to subdivision (d) to implement the program and to administer the fund.
(i)A person engaging with a Native American tribe, tribal organization, or cultural fire practitioner pursuant to this article shall respect tribal sovereignty, customs, and culture.
SEC. 7.Section 4503 of the Public Resources Code is repealed.4503.This article shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2028, deletes or extends that date.SEC. 8.Section 21080.49.1 is added to the Public Resources Code, immediately following Section 21080.49, to read:21080.49.1.This division does not apply to actions taken by the Department of Forestry and Fire Protection to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with this division.
|
Date
|
Status
|
|---|---|
| Sep 29, 2026 | Chaptered by Secretary of State - Chapter 761, Statutes of 2026. |
| Sep 29, 2026 | Approved by the Governor. |
| Sep 9, 2026 | Enrolled and presented to the Governor at 1 p.m. |
| Aug 30, 2026 | Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0.). |
| Aug 30, 2026 | Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6913.). |
| Aug 30, 2026 | Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 30, 2026 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 30, 2026 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. |
| Aug 30, 2026 | Ordered to special consent calendar. |
| Aug 24, 2026 | Read second time. Ordered to third reading. |
| Aug 20, 2026 | Read third time and amended. Ordered to second reading. |
| Aug 13, 2026 | Read second time. Ordered to third reading. |
| Aug 13, 2026 | From committee: Do pass. (Ayes 7. Noes 0.) (August 13). |
| Aug 3, 2026 | In committee: Referred to APPR. suspense file. |
| Jul 1, 2026 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (June 30). Re-referred to Com. on APPR. |
| Jun 25, 2026 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.M. |
| Jun 24, 2026 | From committee: Do pass and re-refer to Com. on E.M. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 23). Re-referred to Com. on E.M. |
| Jun 16, 2026 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W. |
| Jun 3, 2026 | Referred to Coms. on N.R. & W. and E.M. |
| May 22, 2026 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 22, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0.) |
| May 22, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 5256.) |
| May 18, 2026 | Read third time and amended. Ordered to third reading. (Page 5141.) |
| May 18, 2026 | Read third time and amended. Ordered to third reading. |
| May 18, 2026 | Read second time. Ordered to third reading. |
| May 14, 2026 | From committee: Do pass. (Ayes 15. Noes 0.) (May 14). |
| Apr 22, 2026 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 14, 2026 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (April 13). Re-referred to Com. on APPR. |
| Mar 24, 2026 | From committee: Do pass and re-refer to Com. on E.M with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (March 23). Re-referred to Com. on E.M. |
| Mar 9, 2026 | Referred to Coms. on NAT. RES. and E.M. |
| Feb 4, 2026 | From printer. May be heard in committee March 6. |
| Feb 3, 2026 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2026 | AB 1699 Rogers Concurrence - Urgency Added | Assembly Floor |
Passed |
|
| Aug 30, 2026 | Assembly 3rd Reading AB1699 Rogers et al. By Grayson Urgency Clause | Senate Floor |
Passed |
|
| Aug 13, 2026 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 3, 2026 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 30, 2026 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Emergency Management |
Passed |
|
| Jun 23, 2026 | Do pass, but first be re-referred to the Committee on [Emergency Management] with the recommendation: To Consent Calendar | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| May 22, 2026 | AB 1699 Rogers Assembly Third Reading | Assembly Floor |
Passed |
|
| May 14, 2026 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 13, 2026 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Emergency Management |
Passed |
|
| Mar 23, 2026 | Do pass and be re-referred to the Committee on [Emergency Management] with recommendation: To Consent Calendar | Assembly Standing Committee on Natural Resources |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 3 Suns Farm | ** Support | |
| All Hands Ecology | ** Support | |
| amah mutsun tribal band | ** Support | |
| American Rivers | ** Support | |
| Audobon California | ** Support | |
| BERKELEY; CITY OF | ** Support | |
| Biswell Forestry | ** Support | |
| Briceland Volunteer Fire Department | ** Support | |
| Burnbot | ** Support | |
| Burnbot INC. | ** Support | |
| Cal Poly Humboldt Fire Resilience Institute | ** Support | |
| California Association Of Local Conservation Corps | ** Support | |
| California Cattlemen'S Association | ** Support | |
| California Environmental Voters | ** Support | |
| California Forward | ** Support | |
| California Forward (CA FWD) | ** Support | |
| California Indian Environmental Alliance | ** Support | |
| California Licensed Foresters Association | ** Support | |
| California Native Plant Society | ** Support | |
| California State Association of Counties (CSAC) | ** Support | |
| California Tahoe Alliance | ** Support | |
| California Tribal Business Alliance | ** Support | |
| Californians for Western Wilderness | ** Support | |
| Calwild | ** Support | |
| Campfire Restoration Project | ** Support | |
| Camptonville Community Partnership | ** Support | |
| Central Coast Prescribed Burn Association | ** Support | |
| Central Coast State Parks Association | ** Support | |
| Central Sierra Environmental Resource Center | ** Support | |
| Colusa County Resource Conservation District | ** Support | |
| Community Wildfire Planning Center | ** Support | |
| Confluence West | ** Support | |
| Contra Costa Resource Conservation District | ** Support | |
| Cross Contour Fire | ** Support | |
| Cross Contour LLC | ** Support | |
| Cultural Fire Management Council | ** Support | |
| Danoxa Fish and Wildlife, Robinson Rancheria Pomo Indians of California | ** Support | |
| Defenders Of Wildlife | ** Support | |
| EcoFlight | ** Support | |
| Elevate California | ** Support | |
| Environmental Defense Fund | ** Support | |
| Environmental Protection Information Center (EPIC) | ** Support | |
| Fave Trainings | ** Support | |
| Firefighters United for Safety, Ethics, and Ecology | ** Support | |
| Firefighters United for Safety, Ethics, and Ecology (FUSEE) | ** Support | |
| Firegen | ** Support | |
| Firegeneration Collaborative | ** Support | |
| FireWerx | ** Support | |
| Forestry And Fire Recruitment Program | ** Support | |
| ForEverGreen Forestry | ** Support | |
| Friends Of Plumas Wilderness | ** Support | |
| Friends of the Lost Coast | ** Support | |
| Fuels and Vegetation Education Trainings | ** Support | |
| Habematolel Pomo Of Upper Lake | ** Support | |
| Hayfork Prescribed Burn Association | ** Support | |
| Humboldt County Prescribed Burn Association | ** Support | |
| Humboldt Fire Resilience Institute | ** Support | |
| Hyampom Prescribed Burn Association | ** Support | |
| Indigenous Stewardship Network | ** Support | |
| Karuk Tribe | ** Support | |
| Keep Tahoe Blue | ** Support | |
| Klamath Forest Alliance | ** Support | |
| Lake County Land Trust | ** Support | |
| Los Angeles Prescribed Burn Association | ** Support | |
| Marin Resource Conservation District | ** Support | |
| Mattole Restoration Council | ** Support | |
| Megafire Action | ** Support | |
| Mid Klamath Watershed Council | ** Support | |
| Midpeninsula Regional Open Space District | ** Support | |
| Mother Lode Land Trust | ** Support | |
| Mount Hermon Northwest | ** Support | |
| National Audubon Society | ** Support | |
| Nevada County Resource Conservation District | ** Support | |
| Nourishing Futures | ** Support | |
| Nourishing Futures 501(c)(3) | ** Support | |
| Nourishing Futures, 501 (c) (3) | ** Support | |
| Orange County Fire Authority | ** Support | |
| Orleans Volunteer Fire Department | ** Support | |
| Pacific Forest Trust (sponsor) | ** Support | |
| Pacific Gas And Electric Company And Its Affiliated Entities | ** Support | |
| Peninsula Open Space Trust | ** Support | |
| Plumas Corporation | ** Support | |
| Plumas County Fire Safe Council | ** Support | |
| Plumas Underburn Cooperative | ** Support | |
| Prometheus Fire Consulting | ** Support | |
| Prometheus Fire Consulting LLC | ** Support | |
| Rain | ** Support | |
| Rancho Aromitas Firewise Community | ** Support | |
| Rancho Aromitas Firewise Community (RAFC) | ** Support | |
| Resilience Force | ** Support | |
| Resource Renewal Institute | ** Support | |
| Robinson Rancheria Danoxa Fish and Wildlife Department | ** Support | |
| Rural Voices for Conservation Coalition | ** Support | |
| Salmon River Restoration Council | ** Support | |
| San Benito Fire Safe Council | ** Support | |
| San Benito Resource Conservation District | ** Support | |
| San Luis Obispo Prescribed Burn Association | ** Support | |
| Santa Clara County Firesafe Council | ** Support | |
| Santa Clara County Firesafe Council and South Bay Prescribed Burn Association | ** Support | |
| Santa Clara Valley Habitat Agency | ** Support | |
| Santa Rosa Junior College Shone Farm | ** Support | |
| Save Mount Diablo | ** Support | |
| Save the Redwoods League | ** Support | |
| Scott River Watershed Council | ** Support | |
| Sempervirens Fund | ** Support | |
| Sequoia Riverlands Trust | ** Support | |
| Shasta County Board of Supervisors | ** Support | |
| Shasta; County Of | ** Support | |
| Sierra Business Council | ** Support | |
| Sierra Consortium | ** Support | |
| Sierra Nevada Alliance | ** Support | |
| Solano Resource Conservation District | ** Support | |
| Sonoma County Agricultural Preservation And Open Space District | ** Support | |
| Sonoma Ecology Center | ** Support | |
| Sonoma Land Trust | ** Support | |
| South Bay Prescribed Burn Association | ** Support | |
| South Yuba River Citizens League | ** Support | |
| Spye Conservation | ** Support | |
| Spye Conservation INC. | ** Support | |
| Sugar Pine Foundation | ** Support | |
| Terra Fuego Resource Foundation | ** Support | |
| The Climate Center | ** Support | |
| The Fire Restoration Group | ** Support | |
| The Lookout | ** Support | |
| The Nature Conservancy | ** Support | |
| The Wilderness Society | ** Support | |
| The Wildlands Conservancy | ** Support | |
| Treepeople | ** Support | |
| Trees Foundation | ** Support | |
| Tribal Ecorestoration Alliance | ** Support | |
| Trinity County Resource Conservation District | ** Support | |
| Trout Unlimited | ** Support | |
| Trust for Public Land | ** Support | |
| Tuolumne Prescribed Burn Association | ** Support | |
| Ventura County Resource Conservation District | ** Support | |
| Watershed Research & Training Center | ** Support | |
| Watershed Research and Training Center | ** Support | |
| Western Propane Gas Association | ** Support | |
| Western Watersheds Project | ** Support | |
| Wild and Scenic Rivers | ** Support | |
| Wildlands Network | ** Support | |
| Wildlands Robotics | ** Support | |
| Wine Institute | ** Support | |
| Yolo County Fire Safe Council | ** Support | |
| Yolo County Fire Safe Council and South Bay Prescribed Burn Association | ** Support | |
| Yolo County Resource Conservation District | ** Support | |
| Yolo PBA | ** Support | |
| Yolo Prescribed Burn Association | ** Support | |
| Yosemite Gateway Prescribed Burn Cooperative | ** Support | |
| Yosemite Rivers Alliance | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1699
Author:(Rogers)
As Amended Ver:August 20, 2026
2/3 vote. Urgency
SUMMARY
Establishes the Good Fire Act, which indefinitely extends the Prescribed Fire Liability Program, and makes changes to the program and other relevant laws to advance the implementation of prescribed fire throughout the state.
Senate Amendments
- Explicitly state that the Prescribed Fire Claims Fund (Fund) shall support coverage for losses from prescribed fires and cultural burning on any lands within the state.
- Require a state entity that has awarded grant funds for a project that includes the preparation for, or implementation of, a beneficial fire project to include as an allowable expense of the grant the payment of overtime or double rates of pay to employees or contractors who prepare for or implement the beneficial fire project when such expenses are necessary for the implementation of the beneficial fire project.
- Require grantees who receive advance payments to file an accountability report within 6 months from the date of receiving the funds and every 6 months thereafter.
- Require the Department of Forestry and Fire Protection (CAL FIRE) to submit a report to the Legislature regarding the claim process and propose statutory changes related to the Fund.
- Require a burn plan to be submitted to the claims fund portal before ignition.
- Double-joint the bill with AB 2513 (Petrie-Norris) to prevent chaptering out amendments to Public Resources Code 4799.05.
- Establishes this as an urgency statute.
COMMENTS
Last year, Governor Newsom issued Executive Order (EO) N-35-25 expressing concern that strict compliance with various statutes and regulations would prevent, hinder, or delay the use of beneficial fire to limit dangerous wildfire conditions that threaten life and property. This bill is largely an effort to codify the Governor's EO.
According to the Author
For generations, California Tribes have stewarded the landscape with fire. This community wide effort created a safer and healthier ecosystem for all. Tragically, one of the first laws ever passed by this Legislature outlawed this practice. We restricted cultural burning practices and ignored that wisdom. We eventually set up a fire response system that extinguished all flames, even when they were desperately needed to clear overly dense vegetation and support fire dependent plants. AB 1699 is about righting that historic wrong. The use of beneficial fire, a prescribed fire, or a controlled burn are all examples of "Good Fire". We know all too well about the opposite, catastrophic wildfires that burn out of control. We need much more Good Fire to address that very real threat that far too many of us have learned to live with. We need to follow the leadership of our Tribes and build up the systems to use more Good Fire.
Arguments in Support
More than 100 organizations write that expanding prescribed fire protects Californians from catastrophic wildfire while restoring our landscapes. The Good Fire Act provides practical solutions to credential bottlenecks, liability concerns, and operational restrictions that currently limit this essential work.
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Senate Appropriations Committee, by removing the sunset on the Prescribed Fire Claims Fund and significantly expanding the universe of eligible entities, this bill would create ongoing General Fund cost pressures of an unknown amount, possibly in the low to tens of millions of dollars annually. Further, by prohibiting a state entity that awards grant funds for beneficial fire projects from restricting those funds for use as payment for overtime or double rates of pay, this bill potentially creates cost pressures on various grant funds. CAL FIRE does not anticipate a fiscal impact from this bill.
VOTES:
ASM NATURAL RESOURCES: 14-0-0
YES: Bryan, Ellis, Alanis, Connolly, Garcia, Haney, Hoover, Kalra, Macedo, Muratsuchi, Pellerin, Schultz, Wicks, Zbur
ASM EMERGENCY MANAGEMENT: 5-0-2
YES: Ransom, Bains, Bennett, Calderon, DeMaio
ABS, ABST OR NV: Hadwick, Arambula
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Hoover, Aguiar-Curry, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa
ASSEMBLY FLOOR: 76-0-4
YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
ABS, ABST OR NV: Arambula, Chen, Gabriel, Celeste Rodriguez
UPDATED
VERSION: August 20, 2026
CONSULTANT: Paige Brokaw / NAT. RES. / (916) 309-2092 FN: 0004171
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 1699 |
THIRD READING
Bill No: AB 1699
Author: Rogers (D), et al.
Amended: 8/20/26 in Senate
Vote: 27 - Urgency
SENATE NATURAL RES. & WATER COMMITTEE: 7-0, 6/23/26
AYES: Becker, Seyarto, Allen, Cabaldon, Grove, Laird, Stern
SENATE EMERGENCY MGT. COMMITTEE: 8-0, 6/30/26
AYES: Stern, Seyarto, Allen, Ashby, Blakespear, Dahle, Grayson, Pérez
NO VOTE RECORDED: Rubio
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/13/26
AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
ASSEMBLY FLOOR: 76-0, 5/22/26 - See last page for vote
SUBJECT: Good Fire Act: Prescribed Fire Liability Pilot Program: burn bosses: California Environmental Quality Act
SOURCE: Pacific Forest Trust
DIGEST:
This bill establishes the Good Fire Act, which indefinitely extends the Prescribed Fire Liability Program, and makes changes to the program and other relevant laws to advance the implementation of prescribed fire throughout the state.
Senate floor amendments of 8/20/26 create consistency between this bill and AB 2513 (Petrie-Norris), eliminating chaptering conflicts.
ANALYSIS:
Existing law:
- Pursuant to Public Resources Code (PRC) §4477:
- Requires the State Fire Marshal (SFM), with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses, who possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. The curriculum shall provide for the initial certification as well as the continuing education of burn bosses.
- Requires the Department to develop a training program for prescribed fire users to certify professionals in any agency or organization as burn bosses. Requires the Department to certify these individuals to a common standard. It is the intent of the Legislature that the Department use its discretion to ensure that burn bosses are thoroughly qualified to engage in prescribed burning operations prior to issuing certifications.
- Requires the SFM to post and update on its internet website the number of burn bosses with an active burn boss certification.
- Declares cooperation by the Department with a person desiring to use prescribed burning as a means of converting brush-covered lands into forage lands or to help meet wildland management goals, which has as its objective the prevention of high intensity wildland fires, watershed management, range improvement, vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, community wildfire protection, carbon resilience, or enhancement of culturally important resources a public purpose. (PRC §4491)
- 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 (SRA) to apply to the Department for permission to utilize prescribed burning for those public purposes in PRC §4491. (PRC §4492)
- Requires, upon receipt of an application, the Department to inspect the land in company with the applicant to determine whether a permit shall be granted; to prescribe the manner in which the site for the prescribed burning shall be prepared; and, to require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. (PRC §4493)
- Authorizes the director of the Department to enter into an agreement with the owner or any other person who has legal control of any property, any public agency with regulatory or natural resource management authority over any property that is included within any wildland, or any nonprofit organization to conduct joint prescribed burning operations that serve the public interest and are beneficial to the state. Requires the agreement to establish guidelines for the cooperative management of joint prescribed burning operations and requires the completion of a project agreement for each prescribed burn. (PRC §4497)
- Defines “burn boss” as a person certified pursuant to PRC §4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations; or, a person qualified for the National Wildfire Coordinating Group position title of “Prescribed Fire Burn Boss Type 1” or “Prescribed Fire Burn Boss Type 2.” (PRC §4500 (a))
- Establishes the Prescribed Fire Liability Pilot Program to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning. (PRC §4500 (b))
- Establishes the Prescribed Fire Claims Fund (Claims Fund) to support coverage for losses from prescribed fires and cultural burning by nonpublic entities, such as cultural fire practitioners, private landowners, and nongovernmental entities. Requires moneys in the fund to be under the control of the Department, and the Department, or the third-party administrator with whom the Department contracts, is authorized to direct payments for claims from the Fund. (PRC 4500 (c)(1))
- Establishes CEQA to provide a process to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided, and provides specified exemptions for wildfire risk reduction projects. (PRC §21000 et seq.)
This bill:
- Establishes that the SFM, as part of the continuing education of burn bosses, shall require recertification no sooner than every three years.
- Requires the Department to consider methods to increase the pool of available instructors for the certification program, including the use of nondepartment instructors.
- Requires the Department, in consultation with the Statewide Training and Education Advisory Committee, to develop a mechanism to allow individuals certified as prescribed fire managers under other certification programs to be designated as a state-certified burn boss, and to allow that person to use the SFM recertification process to maintain currency.
- Specifies that changes made to PRC §4477 by this bill do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
- Authorizes the Department to waive the inspection of land proposed to be burned by a private person for a burn application submitted by certain qualified prescribed fire managers.
- Authorizes the Department to modify standard precautions, undertaken by the applicant to prevent damage to the property of others by burning, for a burn application submitted by certain qualified prescribed fire managers.
- Specifies that changes made to PRC §4493 by this bill do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
- Specifies that state bodies awarding funding that pays for individuals involved in beneficial fire projects to include overtime or double rates of pay as an allowable expense when such expenses are necessary for the implementation of the project.
- Establishes that the Prescribed Fire Claims Fund (Claims Fund) applies to prescribed fires and cultural burning conducted by individuals and entities other than the Department or the federal government and on any lands within the state.
- Specifies that, for a claim to be paid from the Claims Fund, the burn plan must have been approved by the Department or a burn boss before the prescribed fire or cultural burn.
- Requires that a burn plan be submitted to the Claims Fund portal prior to ignition.
- Requires the Department develop methodologies for prioritizing broadcast burns and burns by nonpublic individuals or entities or California Native American tribes in the event the Claims Fund is oversubscribed.
- Specifies that changes made to PRC § 4500 by this bill do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
- Requires the Department, no later than one year after a claim is paid from the fund, to submit a report to the Legislature regarding the claims process.
- Exempts from CEQA certain wildfire risk reduction projects to actions taken by the Department to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA.
- Amends the Forest Improvement Grant Program to require grantees to file accountability reports with the Department six months from the date of receiving funds and every six months thereafter.
- Replaces a reference to the Office of Planning and Research to the Office of Land Use and Climate Innovation.
- Makes findings and declarations relevant to the value of prescribed burning in California.
- Establishes this bill as an urgency statute.
- Includes chaptering out amendments with AB 2513 (Petrie-Norris)
Background
Executive action. Last year, Governor Newsom issued Executive Order (EO) N-35-25 expressing concern that strict compliance with various statutes and regulations would prevent, hinder, or delay the use of beneficial fire to limit dangerous wildfire conditions that threaten life and property.
Codifying the EO. This bill is largely an effort to codify the Governor’s EO.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No
- By removing the sunset on the Prescribed Fire Claims Fund and significantly expanding the universe of eligible entities, this bill would create ongoing General Fund cost pressures of an unknown amount, possibly in the low to tens of millions of dollars annually.
- By prohibiting a state entity that awards grant funds for beneficial fire projects from restricting those funds for use as payment for overtime or double rates of pay, this bill potentially creates cost pressures on various grant funds.
- The Department of Forestry and Fire Protection does not anticipate a fiscal impact from this bill.
SUPPORT: (Verified 8/20/26)
Pacific Forest Trust (sponsor)
3 Suns Farm
All Hands Ecology
Amah Mutsun Tribal Band
American Rivers
Berkeley; City of
Biswell Forestry
Briceland Volunteer Fire Department
Burnbot INC.
Cal Poly Humboldt Fire Resilience Institute
California Association of Local Conservation Corps
California Cattlemen's Association
California Environmental Voters
California Forward (ca Fwd)
California Indian Environmental Alliance
California Licensed Foresters Association
California Native Plant Society
California State Association of Counties (CSAC)
California Tahoe Alliance
California Tribal Business Alliance
Californians for Western Wilderness
Calwild
Campfire Restoration Project
Camptonville Community Partnership
Central Coast Prescribed Burn Association
Central Coast State Parks Association
Central Sierra Environmental Resource Center
Colusa County Resource Conservation District
Community Wildfire Planning Center
Confluence West
Contra Costa Resource Conservation District
Cross Contour LLC
Cultural Fire Management Council
Danoxa Fish and Wildlife, Robinson Rancheria Pomo Indians of California
Defenders of Wildlife
Ecoflight
Elevate California
Environmental Defense Fund
Environmental Protection Information Center (EPIC)
Fave Trainings
Firefighters United for Safety, Ethics, and Ecology (FUSEE)
Firegen
Firegeneration Collaborative
Firewerx
Forestry and Fire Recruitment Program
Forevergreen Forestry
Friends of Plumas Wilderness
Friends of the Lost Coast
Habematolel Pomo of Upper Lake
Hayfork Prescribed Burn Association
Humboldt County Prescribed Burn Association
Humboldt Fire Resilience Institute
Hyampom Prescribed Burn Association
Indigenous Stewardship Network
Karuk Tribe
Keep Tahoe Blue
Klamath Forest Alliance
Lake County Land Trust
Los Angeles Prescribed Burn Association
Marin Resource Conservation District
Mattole Restoration Council
Megafire Action
Mid Klamath Watershed Council
Midpeninsula Regional Open Space District
Mother Lode Land Trust
Mount Hermon Northwest
Nevada County Resource Conservation District
Nourishing Futures, 501 (C) (3)
Orange County Fire Authority
Orleans Volunteer Fire Department
Pacific Gas and Electric Company and its Affiliated Entities
Peninsula Open Space Trust
Plumas Corporation
Plumas County Fire Safe Council
Plumas Underburn Cooperative
Prometheus Fire Consulting LLC
Rain
Rancho Aromitas Firewise Community (RAFC)
Resilience Force
Resource Renewal Institute
Rural Voices for Conservation Coalition
Salmon River Restoration Council
San Benito Fire Safe Council
San Benito Resource Conservation District
San Luis Obispo Prescribed Burn Association
Santa Clara County Firesafe Council and South Bay Prescribed Burn Association
Santa Clara Valley Habitat Agency
Santa Rosa Junior College Shone Farm
Save Mount Diablo
Save the Redwoods League
Scott River Watershed Council
Sempervirens Fund
Sequoia Riverlands Trust
Shasta County Board of Supervisors
Shasta; County of
Sierra Business Council
Sierra Consortium
Sierra Nevada Alliance
Solano Resource Conservation District
Sonoma County Agricultural Preservation and Open Space District
Sonoma Ecology Center
Sonoma Land Trust
South Yuba River Citizens League
Spye Conservation INC.
Sugar Pine Foundation
Terra Fuego Resource Foundation
The Climate Center
The Fire Restoration Group
The Lookout
The Nature Conservancy
The Wilderness Society
The Wildlands Conservancy
Treepeople
Trees Foundation
Tribal Ecorestoration Alliance
Trinity County Resource Conservation District
Trout Unlimited
Trust for Public Land
Tuolumne Prescribed Burn Association
Ventura County Resource Conservation District
Watershed Research & Training Center
Western Watersheds Project
Wild and Scenic Rivers
Wildlands Network
Wildlands Robotics
Wine Institute
Yolo County Fire Safe Council
Yolo County Resource Conservation District
Yolo Pba
Yosemite Gateway Prescribed Burn Cooperative
Yosemite Rivers Alliance
OPPOSITION: (Verified 8/20/26)
None received
ARGUMENTS IN SUPPORT: According to the author, “For generations, California Tribes have stewarded the landscape with fire. This community wide effort created a safer and healthier ecosystem for all. Tragically, one of the first laws ever passed by this Legislature outlawed this practice. We restricted cultural burning practices and ignored that wisdom. We eventually set up a fire response system that extinguished all flames, even when they were desperately needed to clear overly dense vegetation and support fire dependent plants. AB 1699 is about righting that historic wrong. The use of beneficial fire, a prescribed fire, or a controlled burn are all examples of “Good Fire”. We know all too well about the opposite, catastrophic wildfires that burn out of control. We need much more Good Fire to address that very real threat that far too many of us have learned to live with. We need to follow the leadership of our Tribes and build up the systems to use more Good Fire.”
ASSEMBLY FLOOR: 76-0, 5/22/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Arambula, Chen, Gabriel, Celeste Rodriguez
Prepared by: Edith Hannigan / N.R. & W. / (916) 651-4116
8/24/26 13:45:52
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 1699 |
THIRD READING
Bill No: AB 1699
Author: Rogers (D), et al.
Amended: 6/25/26 in Senate
Vote: 27 - Urgency
SENATE NATURAL RES. & WATER COMMITTEE: 7-0, 6/23/26
AYES: Becker, Seyarto, Allen, Cabaldon, Grove, Laird, Stern
SENATE EMERGENCY MGT. COMMITTEE: 8-0, 6/30/26
AYES: Stern, Seyarto, Allen, Ashby, Blakespear, Dahle, Grayson, Pérez
NO VOTE RECORDED: Rubio
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/13/26
AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
ASSEMBLY FLOOR: 76-0, 5/22/26 - See last page for vote
SUBJECT: Good Fire Act: Prescribed Fire Liability Pilot Program: burn bosses: California Environmental Quality Act
SOURCE: Pacific Forest Trust
DIGEST:
This bill establishes the Good Fire Act, which indefinitely extends the Prescribed Fire Liability Program, and makes changes to the program and other relevant laws to advance the implementation of prescribed fire throughout the state.
ANALYSIS:
Existing law:
- Pursuant to PRC §4477:
- Requires the State Fire Marshal (SFM), with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses, who possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. The curriculum shall provide for the initial certification as well as the continuing education of burn bosses.
- Requires the the Department of Forestry and Fire Protection (Department) to develop a training program for prescribed fire users to certify professionals in any agency or organization as burn bosses. Requires the Department to certify these individuals to a common standard. It is the intent of the Legislature that the Department use its discretion to ensure that burn bosses are thoroughly qualified to engage in prescribed burning operations prior to issuing certifications.
- Requires the SFM to post and update on its internet website the number of burn bosses with an active burn boss certification.
- Declares cooperation by the Department with a person desiring to use prescribed burning as a means of converting brush-covered lands into forage lands or to help meet wildland management goals, which has as its objective the prevention of high intensity wildland fires, watershed management, range improvement, vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, community wildfire protection, carbon resilience, or enhancement of culturally important resources a public purpose. (Public Resources Code (PRC) §4491)
- 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 (SRA) to apply to the Department for permission to utilize prescribed burning for those public purposes in PRC §4491. (PRC §4492)
- Requires, upon receipt of an application, the Department to inspect the land in company with the applicant to determine whether a permit shall be granted; to prescribe the manner in which the site for the prescribed burning shall be prepared; and, to require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. (PRC §4493)
- Authorizes the director of the Department to enter into an agreement with the owner or any other person who has legal control of any property, any public agency with regulatory or natural resource management authority over any property that is included within any wildland, or any nonprofit organization to conduct joint prescribed burning operations that serve the public interest and are beneficial to the state. Requires the agreement to establish guidelines for the cooperative management of joint prescribed burning operations and requires the completion of a project agreement for each prescribed burn. (PRC §4497)
- Defines “burn boss” as a person certified pursuant to PRC §4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations; or, a person qualified for the National Wildfire Coordinating Group position title of “Prescribed Fire Burn Boss Type 1” or “Prescribed Fire Burn Boss Type 2.” (PRC §4500 (a))
- Establishes the Prescribed Fire Liability Pilot Program to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning. (PRC §4500 (b))
- Establishes the Prescribed Fire Claims Fund (Claims Fund) to support coverage for losses from prescribed fires and cultural burning by nonpublic entities, such as cultural fire practitioners, private landowners, and nongovernmental entities. Requires moneys in the fund to be under the control of the Department, and the Department, or the third-party administrator with whom the Department contracts, is authorized to direct payments for claims from the Fund. (PRC 4500 (c)(1))
- Establishes the California Environmental Quality Act (CEQA) to provide a process to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided, and provides specified exemptions for wildfire risk reduction projects. (PRC §21000 et seq.)
This bill:
- Establishes that the SFM, as part of the continuing education of burn bosses, shall require recertification no sooner than every three years.
- Requires the Department to consider methods to increase the pool of available instructors for the certification program, including the use of nondepartment instructors.
- Requires the Department, in consultation with the Statewide Training and Education Advisory Committee, to develop a mechanism to allow individuals certified as prescribed fire managers under other certification programs to be designated as a state-certified burn boss, and to allow that person to use the SFM recertification process to maintain currency.
- Specifies that changes made to PRC §4477 by this bill do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
- Authorizes the Department to waive the inspection of land proposed to be burned by a private person for a burn application submitted by certain qualified prescribed fire managers.
- Authorizes the Department to modify standard precautions, undertaken by the applicant to prevent damage to the property of others by burning, for a burn application submitted by certain qualified prescribed fire managers.
- Specifies that changes made to PRC §4493 by this bill do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
- Specifies that state bodies awarding funding that pays for individuals involved in beneficial fire projects to include overtime or double rates of pay as an allowable expense when such expenses are necessary for the implementation of the project.
- Establishes that the Prescribed Fire Claims Fund (Claims Fund) applies to prescribed fires and cultural burning conducted by individuals and entities other than the Department or the federal government and on any lands within the state.
- Specifies that, for a claim to be paid from the Claims Fund, the burn plan must have been approved by the Department or a burn boss before the prescribed fire or cultural burn.
- Requires that a burn plan be submitted to the Claims Fund portal prior to ignition.
- Requires the Department develop methodologies for prioritizing broadcast burns and burns by nonpublic individuals or entities or California Native American tribes in the event the Claims Fund is oversubscribed.
- Specifies that changes made to PRC § 4500 by this bill do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
- Requires the Department, no later than one year after a claim is paid from the fund, to submit a report to the Legislature regarding the claims process.
- Exempts from CEQA certain wildfire risk reduction projects to actions taken by the Department to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA.
- Amends the Forest Improvement Grant Program to require grantees to file accountability reports with the Department six months from the date of receiving funds and every six months thereafter.
- Replaces a reference to the Office of Planning and Research to the Office of Land Use and Climate Innovation.
- Makes findings and declarations relevant to the value of prescribed burning in California.
- Establishes this bill as an urgency statute.
Background
Prescribed burning. Prescribed burning is the controlled application of fire to the land to reduce wildfire hazards, clear downed trees, control plant diseases, improve rangeland and wildlife habitats, and restore natural ecosystems. Prescribed fires are typically conducted in compliance with a written prescribed fire plan that outlines the conditions necessary for the burn to be “within prescription.” Recent research[1] on California’s 2020 wildfire season found prescribed fires decreased wildfire burn severity by 16% and led to a net reduction of 14% in smoke emissions.
Prescribed burns are safe: the US Forest Service reported in 2022 that 99.84% of prescribed burns operate as planned without incident.
Burn bosses. SB 1260 (Jackson, Chapter 624, Statutes of 2018) required the Department to develop a professional “burn boss” curriculum and certification program that would create a consistent standard for the education and skills needed for people to conduct prescribed fires. Under this program, Department staff members and private individuals or companies could become certified in order to increase the workforce capable of safely conducting prescribed fires. As of September 2025, California has certified 65 prescribed fire burn bosses to approve burn plans and lead prescribed burning operations to reduce wildfire risks.
California needs to significantly increase its force of certified burn bosses to manage a goal of 400,000 to 1 million+ acres of controlled burns annually.
Liability coverage. SB 332 (Dodd, Chapter 600, Statutes of 2021) updated the state’s liability standards so that no person would be liable for any fire suppression or other costs otherwise recoverable for a prescribed burn if specified conditions are met, including, among others, that the burn be for the purpose of wildland fire hazard reduction, ecological maintenance and restoration, cultural burning, silviculture, or agriculture, and that, when required, a certified burn boss review and approve a written prescription for the burn. The law is intended to assist private prescribed fire practitioners overcome a barrier to conducting prescribed fire, which is the associated liability. Federal and state prescribed fires do not have the same concerns because they are able to self-insure.
Executive action. Last year, Governor Newsom issued Executive Order (EO) N-35-25 expressing concern that strict compliance with various statutes and regulations would prevent, hinder, or delay the use of beneficial fire to limit dangerous wildfire conditions that threaten life and property, and ordered the following, among other things:
- The Department to assist local agencies and beneficial fire practitioners that limit fire conditions and suspended those efforts from the California Environmental Quality Act (CEQA).
- The suspension of PRC §4493, which requires the Department to conduct a site visit or inception before issuing a state burn permit for projects undertaken by a burn boss or a cultural fire practitioner.
- Suspend the limitation on public and governmental agencies enrolling in the Pilot Program to the extent it prohibits resource conservation districts (RCDs) and volunteer fire departments.
- The Department to review and update its prescribed fire guidebook to more effectively support prescribed fires that are primarily planned or conducted by non-Department entities.
Codifying the EO. This bill is largely an effort to codify the Governor’s EO.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No
- By removing the sunset on the Prescribed Fire Claims Fund and significantly expanding the universe of eligible entities, this bill would create ongoing General Fund cost pressures of an unknown amount, possibly in the low to tens of millions of dollars annually.
- By prohibiting a state entity that awards grant funds for beneficial fire projects from restricting those funds for use as payment for overtime or double rates of pay, this bill potentially creates cost pressures on various grant funds.
- The Department of Forestry and Fire Protection does not anticipate a fiscal impact from this bill.
SUPPORT: (Verified 8/14/26)
Pacific Forest Trust (sponsor)
3 Suns Farm
All Hands Ecology
Amah Mutsun Tribal Band
American Rivers
Berkeley; City of
Biswell Forestry
Briceland Volunteer Fire Department
Burnbot INC.
Cal Poly Humboldt Fire Resilience Institute
California Association of Local Conservation Corps
California Cattlemen's Association
California Environmental Voters
California Forward
California Indian Environmental Alliance
California Licensed Foresters Association
California Native Plant Society
California State Association of Counties
California Tahoe Alliance
California Tribal Business Alliance
Californians for Western Wilderness
Calwild
Campfire Restoration Project
Camptonville Community Partnership
Central Coast Prescribed Burn Association
Central Coast State Parks Association
Central Sierra Environmental Resource Center
Colusa County Resource Conservation District
Community Wildfire Planning Center
Confluence West
Contra Costa Resource Conservation District
Cross Contour LLC
Cultural Fire Management Council
Danoxa Fish and Wildlife, Robinson Rancheria Pomo Indians of California
Defenders of Wildlife
Ecoflight
Elevate California
Environmental Defense Fund
Environmental Protection Information Center
Fave Trainings
Firefighters United for Safety, Ethics, and Ecology
Firegen
Firegeneration Collaborative
Firewerx
Forestry and Fire Recruitment Program
Forevergreen Forestry
Friends of Plumas Wilderness
Friends of the Lost Coast
Habematolel Pomo of Upper Lake
Hayfork Prescribed Burn Association
Humboldt County Prescribed Burn Association
Humboldt Fire Resilience Institute
Hyampom Prescribed Burn Association
Indigenous Stewardship Network
Karuk Tribe
Keep Tahoe Blue
Klamath Forest Alliance
Lake County Land Trust
Los Angeles Prescribed Burn Association
Marin Resource Conservation District
Mattole Restoration Council
Megafire Action
Mid Klamath Watershed Council
Midpeninsula Regional Open Space District
Mother Lode Land Trust
Mount Hermon Northwest
Nevada County Resource Conservation District
Nourishing Futures, 501 (C) (3)
Orange County Fire Authority
Orleans Volunteer Fire Department
Pacific Gas and Electric Company and its Affiliated Entities
Peninsula Open Space Trust
Plumas Corporation
Plumas County Fire Safe Council
Plumas Underburn Cooperative
Prometheus Fire Consulting LLC
Rain
Rancho Aromitas Firewise Community
Resilience Force
Resource Renewal Institute
Rural Voices for Conservation Coalition
Salmon River Restoration Council
San Benito Fire Safe Council
San Benito Resource Conservation District
San Luis Obispo Prescribed Burn Association
Santa Clara County Firesafe Council and South Bay Prescribed Burn Association
Santa Clara Valley Habitat Agency
Santa Rosa Junior College Shone Farm
Save Mount Diablo
Save the Redwoods League
Scott River Watershed Council
Sempervirens Fund
Sequoia Riverlands Trust
Shasta County Board of Supervisors
Shasta; County of
Sierra Business Council
Sierra Consortium
Sierra Nevada Alliance
Solano Resource Conservation District
Sonoma County Agricultural Preservation and Open Space District
Sonoma Ecology Center
Sonoma Land Trust
South Yuba River Citizens League
Spye Conservation INC.
Sugar Pine Foundation
Terra Fuego Resource Foundation
The Climate Center
The Fire Restoration Group
The Lookout
The Nature Conservancy
The Wilderness Society
The Wildlands Conservancy
Treepeople
Trees Foundation
Tribal Ecorestoration Alliance
Trinity County Resource Conservation District
Trout Unlimited
Trust for Public Land
Tuolumne Prescribed Burn Association
Ventura County Resource Conservation District
Watershed Research & Training Center
Western Watersheds Project
Wild and Scenic Rivers
Wildlands Network
Wildlands Robotics
Wine Institute
Yolo County Fire Safe Council
Yolo County Resource Conservation District
Yolo Pba
Yosemite Gateway Prescribed Burn Cooperative
Yosemite Rivers Alliance
OPPOSITION: (Verified 8/14/26)
None received
ARGUMENTS IN SUPPORT: According to the author, “For generations, California Tribes have stewarded the landscape with fire. This community wide effort created a safer and healthier ecosystem for all. Tragically, one of the first laws ever passed by this Legislature outlawed this practice. We restricted cultural burning practices and ignored that wisdom. We eventually set up a fire response system that extinguished all flames, even when they were desperately needed to clear overly dense vegetation and support fire dependent plants. AB 1699 is about righting that historic wrong. The use of beneficial fire, a prescribed fire, or a controlled burn are all examples of “Good Fire”. We know all too well about the opposite, catastrophic wildfires that burn out of control. We need much more Good Fire to address that very real threat that far too many of us have learned to live with. We need to follow the leadership of our Tribes and build up the systems to use more Good Fire.”
ASSEMBLY FLOOR: 76-0, 5/22/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Arambula, Chen, Gabriel, Celeste Rodriguez
Prepared by: Edith Hannigan / N.R. & W. / (916) 651-4116
8/14/26 11:16:36
**** END ****
Kelp, M., Burke, M., Qiu, M., Higuera‐Mendieta, I., Liu, T., and Diffenbaugh, N.S. (2025) ↑
SENATE COMMITTEE ON
Senator Sabrina Cervantes, Chair
2025 - 2026 Regular Session
AB 1699 (Rogers) - Good Fire Act: Prescribed Fire Liability Pilot Program: burn bosses: California Environmental Quality Act
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would create a pathway to allow individuals certified as prescribed fire managers under other certification programs, as specified, to be designated as a state-certified burn boss and would make changes to the Prescribed Fire Liability Pilot Program to advance the implementation of prescribed fire throughout the state.
Fiscal Impact:
- By removing the sunset on the Prescribed Fire Claims Fund and significantly expanding the universe of eligible entities, this bill would create ongoing General Fund cost pressures of an unknown amount, possibly in the low to tens of millions of dollars annually.
- By prohibiting a state entity that awards grant funds for beneficial fire projects from restricting those funds for use as payment for overtime or double rates of pay, this bill potentially creates cost pressures on various grant funds.
- The Department of Forestry and Fire Protection (CalFire) does not anticipate a fiscal impact from this bill.
Background:
Prescribed burning. Prescribed burning is the controlled application of fire to the land to reduce wildfire hazards, clear downed trees, control plant diseases, improve rangeland and wildlife habitats, and restore natural ecosystems. Prescribed fires are typically conducted in compliance with a written prescribed fire plan that outlines the conditions necessary for the burn to be “within prescription.” Prescribed burns are safe: the US Forest Service reported in 2022 that 99.84% of prescribed burns operate as planned without incident. According to California’s “Strategic Plan for Expanding the Use of Beneficial Fire” released in March 2022, between 10 and 30 million acres in the state would benefit from some form of fuel reduction treatment.
Burn bosses. The SFM’s state-certified prescribed fire burn boss is a certified position to plan and manage prescribed fire on state or private lands. A state-certified burn boss may possess authority to engage in a prescribed burning operation and enter into necessary contracts with CalFire. As noted by the SFM, certified burn bosses prepare burn plans, secure permits, implement prescribed fire projects, monitor fire effects, maintain compliance with prescription criteria, and conduct post-burn reviews. This certification includes required training and continuing education and is tied to state liability protections and burn authority.
At the federal level, the NWCG defines two key prescribed fire burn boss certifications: Prescribed Fire Burn Boss Type 1 and Type 2. Certifications from both the SFM and the NWCG require demonstrated knowledge of fire behavior, smoke management, risk assessment, burn plan development, and compliance with regulations.
The STEAC. The STEAC serves as an advisory committee to the SFM on matters pertaining to training and education in the California fire service. The STEAC reviews and recommends action regarding standards and curriculum, instructor requirements, and training site requirements.
Claims Fund. SB 926 (Dodd), Chapter 606, Statutes of 2022, established the $20 million Claims Fund to support and expand private prescribed fires throughout the state. Although property damage and escapes are rare (less than 1%) from a prescribed fire, a fund to cover the cost of potential losses incurred from a permitted prescribed fire partially limits the financial risk of private burners and incentivizes more permitted private prescribed burns. According to CalFire, the Claims Fund is meant to demonstrate that carefully planned, resourced, and implemented beneficial fire is a low-risk land management tool to mitigate high-severity wildfires and promote healthy and resilient landscapes.
Proposed Law:
This bill would:
- Make various findings and declarations for purposes of this bill, including that it is critical that the state take more action to further expedite and expand beneficial fire projects, where appropriate, to enable practitioners to more effectively implement safe and effective beneficial fire projects.
- Establish that the SFM would require recertification no sooner than every three years as part of the continuing education of burn bosses.
- Require CalFire to consider methods to increase the pool of available instructors for the certification program, including the use of nondepartmental instructors.
- Direct CalFire, in consultation with the STEAC, to develop a mechanism to allow individuals certified as prescribed fire managers under other certification programs, as specified, to be designated as a state-certified burn boss, and to allow that person to use the SFM recertification process to maintain current standing.
- Provide that changes made to the certification process by this bill would not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
- Authorize CalFire to waive the inspection of land proposed to be burned by a private person for a burn application submitted by certain qualified prescribed fire managers.
- Allow CalFire to modify standard precautions, as specified, for a burn application submitted by certain qualified prescribed fire managers.
- Specify that changes made pursuant to 6) and 7) above would not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
- Authorize overtime or double time pay under grant funding where the pay would be necessary for the implementation of the burn, as specified.
- Revise the definition of "burn boss" to also mean a person who possesses current qualification for the federal NWCG designation of "Prescribed Fire Burn Boss Type 1" or "Prescribed Fire Burn Boss Type 2."
- Make the Prescribed Fire Liability Program under the Claims Fund permanent and would impose various requirements related to the Claims Fund.
- Exempt actions taken by CalFire to assist in the implementation of prescribed fire or cultural burning projects from environmental review, as specified.
- Make other minor clarifying changes.
- Contain an urgency clause.
Related Legislation:
SB 1260 (Jackson), Chapter 624, Statutes of 2018, requires CalFire to develop a professional burn boss curriculum and certification program to create a consistent standard for the education and skills needed for people to conduct prescribed fires.
Staff Comments: In 2025, Governor Newsom issued Executive Order (EO) N-35-25 to expand, streamline, and expedite the state’s use of beneficial fire. This bill is largely an effort to codify the Governor’s EO, and CalFire notes that the bill’s provisions are aligned with several activities the department has initiated in response to the EO.
-- END --
SENATE COMMITTEE ON EMERGENCY MANAGEMENT
Senator Henry Stern
Chair
2025 - 2026 Regular
Bill No: Hearing Date: 6/30/2026
Author: | |||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
SUBJECT:
SUMMARY: Creates a pathway to allow individuals certified as prescribed fire managers under other certification programs, as specified, to be designated as a state-certified burn boss and makes changes to the Prescribed Fire Liability Pilot Program to advance the implementation of prescribed fire throughout the state.
ANALYSIS:
Existing law:
- Establishes the Office of the State Fire Marshal (SFM), within the Department of Forestry and Fire Protection (CAL FIRE) to protect life and property through the development and application of fire prevention, engineering, training and education, and enforcement.
- Requires the SFM, with the involvement of the Statewide Training and Education Advisory Committee (STEAC), to develop a curriculum for, or amend into an existing curriculum, a certification program for prescribed fire burn bosses (burn bosses), who possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation.
- Requires the curriculum in 2) above to provide for the initial certification as well as the continuing education of burn bosses.
- Directs CAL FIRE to develop a training program for prescribed fire users to certify professionals in any agency or organization as burn bosses and requires CAL FIRE to certify these individuals to a common standard.
- States it is the intent of the Legislature that CAL FIRE use its discretion to ensure that burn bosses are thoroughly qualified to engage in prescribed burning operations prior to issuing certifications.
- Requires the SFM to post and update on its internet website the number of burn bosses with an active burn boss certification.
- Declares cooperation by CAL FIRE with a person desiring to use prescribed burning as a means of converting lands into forage lands or to help meet wildland management goals, as specified.
- Defines “burn boss” as a person certified pursuant to SFM certification to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations; or, a person qualified for the federal National Wildfire Coordinating Group (NWCG) designation of “Prescribed Fire Burn Boss Type 1” or “Prescribed Fire Burn Boss Type 2.”
- Establishes the Prescribed Fire Liability Program to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning.
- Creates the Prescribed Fire Claims Fund (Claims Fund) to support coverage for losses from prescribed fires and cultural burning by nonpublic entities, such as cultural fire practitioners, private landowners, and nongovernmental entities.
This bill:
- Makes various findings and declarations for purposes of this bill including that it is critical that the state take more action to further expedite and expand beneficial fire projects, where appropriate, to enable practitioners to more effectively implement safe and effective beneficial fire projects.
- Establishes that the SFM shall require recertification no sooner than every three years as part of the continuing education of burn bosses.
- Requires CAL FIRE to consider methods to increase the pool of available instructors for the certification program, including the use of nondepartmental instructors.
- Directs CAL FIRE, in consultation with the STEAC, to develop a mechanism to allow individuals certified as prescribed fire managers under other certification programs, as specified, to be designated as a state-certified burn boss, and to allow that person to use the SFM recertification process to maintain current standing.
- Provides that changes made to the certification process by this bill do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
- Authorizes CAL FIRE to waive the inspection of land proposed to be burned by a private person for a burn application submitted by certain qualified prescribed fire managers.
- Allows CAL FIRE to modify standard precautions, as specified, for a burn application submitted by certain qualified prescribed fire managers.
- Specifies that changes made pursuant to 6) and 7) above do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
- Authorizes overtime or double time pay under grant funding where the pay is necessary for the implementation of the burn, as specified.
- Revises the definition of “burn boss” to also mean a person who possesses current qualification for the federal NWCG designation of “Prescribed Fire Burn Boss Type 1” or “Prescribed Fire Burn Boss Type 2.”
- Makes the Prescribed Fire Liability Program under the Claims Fund permanent and imposes various requirements related to the Claims Fund.
- Exempts actions taken by CAL FIRE to assist in the implementation of prescribed fire or cultural burning projects from environmental review, as specified.
- Makes other minor clarifying changes.
- Contains an urgency clause.
Background
Author’s statement. According to the author, “For generations, California Tribes have stewarded the landscape with fire. This community wide effort created a safer and healthier ecosystem for all. Tragically, one of the first laws ever passed by this Legislature outlawed this practice. We restricted cultural burning practices and ignored that wisdom. We eventually set up a fire response system that extinguished all flames, even when they were desperately needed to clear overly dense vegetation and support fire dependent plants. AB 1699 is about righting that historic wrong. The use of beneficial fire, a prescribed fire, or a controlled burn are all examples of “Good Fire”. We know all too well about the opposite, catastrophic wildfires that burn out of control. We need much more Good Fire to address that very real threat that far too many of us have learned to live with. We need to follow the leadership of our Tribes and build up the systems to use more Good Fire.”
Prescribed burning. Prescribed burning is the controlled application of fire to the land to reduce wildfire hazards, clear downed trees, control plant diseases, improve rangeland and wildlife habitats, and restore natural ecosystems. Prescribed fires are typically conducted in compliance with a written prescribed fire plan that outlines the conditions necessary for the burn to be “within prescription.” Prescribed burns are safe: the US Forest Service reported in 2022 that 99.84% of prescribed burns operate as planned without incident. According to California’s “Strategic Plan for Expanding the Use of Beneficial Fire” released in March 2022, between 10 and 30 million acres in the state would benefit from some form of fuel reduction treatment.
Burn bosses. The SFM’s state-certified prescribed fire burn boss is a certified position to plan and manage prescribed fire on state or private lands. A state-certified burn boss may possess authority to engage in a prescribed burning operation and enter into necessary contracts with CAL FIRE. As noted by the SFM, certified burn bosses prepare burn plans, secure permits, implement prescribed fire projects, monitor fire effects, maintain compliance with prescription criteria, and conduct post-burn reviews. This certification includes required training and continuing education and is tied to state liability protections and burn authority.
At the federal level, the NWCG defines two key prescribed fire burn boss certifications: Prescribed Fire Burn Boss Type 1 and Type 2. Certifications from both the SFM and the NWCG require demonstrated knowledge of fire behavior, smoke management, risk assessment, burn plan development, and compliance with regulations.
The STEAC. The STEAC serves as an advisory committee to the SFM on matters pertaining to training and education in the California fire service. The STEAC reviews and recommends action regarding standards and curriculum, instructor requirements, and training site requirements.
Claims Fund. SB 926 (Dodd), Chapter 606, Statutes of 2022, established the $20 million Claims Fund to support and expand private prescribed fires throughout the state. Although property damage and escapes are rare (less than 1%) from a prescribed fire, a fund to cover the cost of potential losses incurred from a permitted prescribed fire partially limits the financial risk of private burners and incentivizes more permitted private prescribed burns. According to CAL FIRE, the Claims Fund is meant to demonstrate that carefully planned, resourced, and implemented beneficial fire is a low-risk land management tool to mitigate high-severity wildfires and promote healthy and resilient landscapes.
Prior/Related Legislation
SB 1260 (Jackson), Chapter 624, Statutes of 2018, requires CAL FIRE to develop a professional burn boss curriculum and certification program to create a consistent standard for the education and skills needed for people to conduct prescribed fires.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
SUPPORT:
Pacific Forest Trust (sponsor)
3 Suns Farm
All Hands Ecology
Amah Mutsun Tribal Band
American Rivers
Biswell Forestry
Briceland Volunteer Fire Department
BurnBot
Cal Poly Humboldt Fire Resilience Institute
California Association of Local Conservation Corps
California Cattlemen's Association
California Forward
California Indian Environmental Alliance
California Licensed Foresters Association
California Native Plant Society
California State Association of Counties
California Tahoe Alliance
Californians for Western Wilderness
CalWild
Campfire Restoration Project
Camptonville Community Partnership
Central Coast Prescribed Burn Association
Central Coast State Parks Association
Central Sierra Environmental Resource Center
Colusa County Resource Conservation District
Community Wildfire Planning Center
Confluence West
Contra Costa Resource Conservation District
Cross Contour Fire
Cultural Fire Management Council
Defenders of Wildlife
EcoFlight
Elevate California
Environmental Defense Fund
Environmental Protection Information Center
Firefighters United for Safety, Ethics, and Ecology
Firegen
FireGeneration Collaborative
FireWERX
Forestry and Fire Recruitment Program
Forevergreen Forestry
Friends of Plumas Wilderness
Friends of the Lost Coast
Fuels and Vegetation Education Trainings
Habematolel Pomo of Upper Lake
Hayfork Prescribed Burn Association
Humboldt County Prescribed Burn Association
Humboldt Fire Resilience Institute
Hyampom Prescribed Burn Association
Indigenous Stewardship Network
Karuk Tribe
Keep Tahoe Blue
Klamath Forest Alliance
Lake County Land Trust
Los Angeles Prescribed Burn Association
Marin Resource Conservation District
Mattole Restoration Council
Megafire Action
Mid Klamath Watershed Council
Midpeninsula Regional Open Space District
Mother Lode Land Trust
Mount Hermon Northwest
Nevada County Resource Conservation District
Nourishing Futures 501(c)(3)
Orleans Volunteer Fire Department
Peninsula Open Space Trust
Plumas Corporation
Plumas County Fire Safe Council
Plumas Underburn Cooperative
Prometheus Fire Consulting
Rain
Rancho Aromitas Firewise Community
Resilience Force
Resource Renewal Institute
Robinson Rancheria Danoxa Fish and Wildlife Department
Rural Voices for Conservation Coalition
Salmon River Restoration Council
San Benito Fire Safe Council
San Benito Resource Conservation District
San Luis Obispo Prescribed Burn Association
Santa Clara County Firesafe Council
Santa Clara Valley Habitat Agency
Santa Rosa Junior College Shone Farm
Save Mount Diablo
Save the Redwoods League
Scott River Watershed Council
Sempervirens Fund
Sequoia Riverlands Trust
Sierra Business Council
Sierra Nevada Alliance
Solano Resource Conservation District
Sonoma County Agricultural Preservation and Open Space District
Sonoma Ecology Center
Sonoma Land Trust
South Bay Prescribed Burn Association
South Yuba River Citizens League
Spye Conservation
Sugar Pine Foundation
Terra Fuego Resource Foundation
The Climate Center
The Fire Restoration Group
The Lookout
The Wilderness Society
The Wildlands Conservancy
TreePeople
Trees Foundation
Tribal EcoRestoration Alliance
Trinity County Resource Conservation District
Trout Unlimited
Trust for Public Land
Tuolumne Prescribed Burn Association
Ventura County Resource Conservation District
Watershed Research and Training Center
Western Watersheds Project
Wild and Scenic Rivers
Wildlands Network
Wildlands Robotics
Wine Institute
Yolo County Fire Safe Council
Yolo County Resource Conservation District
Yolo Prescribed Burn Association
Yosemite Gateway Prescribed Burn Cooperative
Yosemite Rivers Alliance
14 individuals
OPPOSITION:
None on file
ARGUMENTS IN SUPPORT: In support of this bill, the sponsor, Pacific Forest Trust writes that, “AB 1699 is legislation that will ease implementation barriers and expand California's use of beneficial fire—a proven tool for reducing catastrophic wildfire risk, protecting communities, and restoring healthy landscapes…. Expanding prescribed fire protects Californians from catastrophic wildfire while restoring our landscapes… [This bill] provides practical solutions to credential bottlenecks, liability concerns, and operational restrictions that currently limit this essential work.”
DUAL REFERRAL: Senate Natural Resources and Water Committee and Senate Emergency Management Committee
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Josh Becker, Chair
2025 - 2026 Regular
Bill No: AB Hearing Date: June 23, 2026
Author: | |||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Good Fire Act: Prescribed Fire Liability Pilot Program: burn bosses: California Environmental Quality Act
SUMMARY
This bill would establish the Good Fire Act, which would indefinitely extend the Prescribed Fire Liability Program, and make changes to the program and other relevant laws to advance the implementation of prescribed fire throughout the state.
BACKGROUND AND EXISTING LAW
Department of Forestry and Fire Protection (Department). The Department, in accordance with a plan approved by the Board of Forestry and Fire Protection, is responsible for the prevention and suppression of forest fires (Public Resources Code (PRC) §§4113, 4114).
Office of the State Fire Marshal (OSFM). In the mid-1990s, the OSFM was moved from the State and Consumer Services Agency to the Department. The State Fire Marshal (SFM) is established as a Chief Deputy Director of Forestry and Fire Protection in the Department (Health and Safety Code (HSC) §13100). The mission of the OSFM is to “[protect] life and property through the development and application of fire prevention, engineering, training and education, and enforcement.”
Prescribed burning. Prescribed burning is the controlled application of fire to the land to reduce wildfire hazards, clear downed trees, control plant diseases, improve rangeland and wildlife habitats, and restore natural ecosystems. Prescribed fires are typically conducted in compliance with a written prescribed fire plan that outlines the conditions necessary for the burn to be “within prescription.” Recent research[1] on California’s 2020 wildfire season found prescribed fires decreased wildfire burn severity by 16% and led to a net reduction of 14% in smoke emissions.
California’s Strategic Plan for Expanding the Use of Beneficial Fire[2] (March 2022) estimates that between 10 and 30 million acres in California would benefit from some form of fuel reduction treatment and sets a target for deploying beneficial fire on 400,000 acres annually.
Last year, the Air Resources Board released data on California’s Natural and Working Lands Carbon Inventory that show the carbon impacted by prescribed fire is more than ten times lower than that from wildfires, while processing harvested wood products emits about 60% as much as wildfires emissions on average.
According to the Strategic Plan, approximately 125,000 to 150,000+ acres are treated with prescribed burning in California annually by state and federal agencies. According to the Wildfire Forest Resilience Task Force Dashboard,[3] 188,000 acres were treated with beneficial burns in 2024. While this rate is increasing to manage wildfire hazards, it remains far below the long-term goal of 400,000 acres annually and the roughly 4.5 million acres that burned annually before the year 1800.
Prescribed burns are safe: the US Forest Service reported in 2022 that 99.84% of prescribed burns operate as planned without incident.
Burn bosses. SB 1260 (Jackson), Chapter 624, Statutes of 2018, required the Department to develop a professional “burn boss” curriculum and certification program that would create a consistent standard for the education and skills needed for people to conduct prescribed fires. Under this program, Department staff members and private individuals or companies could become certified in order to increase the workforce capable of safely conducting prescribed fires.
As of September 2025, California has certified 65 prescribed fire burn bosses to approve burn plans and lead prescribed burning operations to reduce wildfire risks.
California needs to significantly increase its force of certified burn bosses to manage a goal of 400,000 to 1 million+ acres of controlled burns annually.
Liability coverage. SB 332 (Dodd), Chapter 600, Statutes of 2021, updated the state’s liability standards so that no person would be liable for any fire suppression or other costs otherwise recoverable for a prescribed burn if specified conditions are met, including, among others, that the burn be for the purpose of wildland fire hazard reduction, ecological maintenance and restoration, cultural burning, silviculture, or agriculture, and that, when required, a certified burn boss review and approve a written prescription for the burn. The law is intended to assist private prescribed fire practitioners overcome a barrier to conducting prescribed fire, which is the associated liability. Federal and state prescribed fires do not have the same concerns because they are able to self-insure.
Many private entities, such as cultural fire practitioners and nonprofits, have stated that it is incredibly difficult to obtain insurance to cover any damages that could arise if the prescribed fire went out of prescription. Many private entities are unwilling to conduct public purpose burning without insurance or some liability protection.
To support the use of prescribed burns to meet the state’s treated acreage goals, SB 170, Budget Act of 2021, included $20 million to the Department to establish a program, in consultation with the Department of Insurance and the California Natural Resources Agency, that creates a prescribed fire claims fund to support coverage for losses from permitted prescribed fires by non-public entities, such as Native American tribes, private landowners, and nongovernmental entities.
SB 926 (Dodd), Chapter 606, Statutes of 2022, set parameters to operationalize the $20 million budget appropriation by establishing the Prescribed Fire Liability Claims Fund (Claims Fund) to support coverage for losses from permitted prescribed fires by individuals and specified entities. The Claims Fund will provide up to $2 million in coverage for prescribed fire projects led by a qualified burn boss or cultural practitioner. The Claims Fund is meant to demonstrate that prescribed fire, when carefully planned, resourced, and implemented, is a low-risk land management tool that mitigates the larger, more damaging risks of high-severity wildfires. According to the Department, the Claims Fund will also advance cultural burning, helping Indigenous Californians restore their connection to fire.
To date, none of the $20 million has been drawn down.[4]
Executive action. Last year, Governor Newsom issued Executive Order (EO) N-35-25[5] expressing concern that strict compliance with various statutes and regulations would prevent, hinder, or delay the use of beneficial fire to limit dangerous wildfire conditions that threaten life and property, and ordered the following, among other things:
- The Department to assist local agencies and beneficial fire practitioners that limit fire conditions and suspended those efforts from the California Environmental Quality Act (CEQA).
- The suspension of Public Resources Code (PRC) §4493, which requires the Department to conduct a site visit or inception before issuing a state burn permit for projects undertaken by a burn boss or a cultural fire practitioner.
- Suspend the limitation on public and governmental agencies enrolling in the Pilot Program to the extent it prohibits resource conservation districts (RCDs) and volunteer fire departments.
- The Department to review and update its prescribed fire guidebook to more effectively support prescribed fires that are primarily planned or conducted by non-Department entities.
Existing law:
- Pursuant PRC §4477:
- Requires the SFM, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses, who possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. The curriculum shall provide for the initial certification as well as the continuing education of burn bosses.
- Requires the Department to develop a training program for prescribed fire users to certify professionals in any agency or organization as burn bosses. Requires the Department to certify these individuals to a common standard. It is the intent of the Legislature that the Department use its discretion to ensure that burn bosses are thoroughly qualified to engage in prescribed burning operations prior to issuing certifications.
- Requires the SFM to post and update on its internet website the number of burn bosses with an active burn boss certification.
- Declares cooperation by the Department with a person desiring to use prescribed burning as a means of converting brush-covered lands into forage lands or to help meet wildland management goals, which has as its objective the prevention of high intensity wildland fires, watershed management, range improvement, vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, community wildfire protection, carbon resilience, or enhancement of culturally important resources a public purpose. (PRC §4491)
- 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 (SRA) to apply to the Department for permission to utilize prescribed burning for those public purposes in PRC §4491. (PRC §4492)
- Requires, upon receipt of an application, the Department to inspect the land in company with the applicant to determine whether a permit shall be granted; to prescribe the manner in which the site for the prescribed burning shall be prepared; and, to require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. (PRC §4493)
- Authorizes the director of the Department to enter into an agreement with the owner or any other person who has legal control of any property, any public agency with regulatory or natural resource management authority over any property that is included within any wildland, or any nonprofit organization to conduct joint prescribed burning operations that serve the public interest and are beneficial to the state. Requires the agreement to establish guidelines for the cooperative management of joint prescribed burning operations and requires the completion of a project agreement for each prescribed burn. (PRC §4497)
- Defines “burn boss” as a person certified pursuant to PRC §4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations; or, a person qualified for the National Wildfire Coordinating Group position title of “Prescribed Fire Burn Boss Type 1” or “Prescribed Fire Burn Boss Type 2.” (PRC §4500 (a))
- Establishes the Prescribed Fire Liability Pilot Program to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning. (PRC §4500 (b))
- Establishes the Prescribed Fire Claims Fund (Claims Fund) to support coverage for losses from prescribed fires and cultural burning by nonpublic entities, such as cultural fire practitioners, private landowners, and nongovernmental entities. Requires moneys in the fund to be under the control of the Department, and the Department, or the third-party administrator with whom the Department contracts, is authorized to direct payments for claims from the Fund. (PRC 4500 (c)(1))
- Establishes CEQA to provide a process to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided, and provides specified exemptions for wildfire risk reduction projects. (PRC §21000 et seq.)
PROPOSED LAW
This bill would:
- Establish that the SFM, as part of the continuing education of burn bosses, shall require recertification no sooner than every three years.
- Require the Department to consider methods to increase the pool of available instructors for the certification program, including the use of nondepartment instructors.
- Requires the Department, in consultation with the Statewide Training and Education Advisory Committee, to develop a mechanism to allow individuals certified as prescribed fire managers under other certification programs to be designated as a state-certified burn boss, and to allow that person to use the SFM recertification process to maintain currency.
- Specify that changes made to PRC §4477 by this bill do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
- Authorize the Department to waive the inspection of land proposed to be burned by a private person for a burn application submitted by certain qualified prescribed fire managers.
- Authorize the Department to modify standard precautions, undertaken by the applicant to prevent damage to the property of others by burning, for a burn application submitted by certain qualified prescribed fire managers.
- Specify that changes made to PRC §4493 by this bill do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
- Specify that state bodies awarding funding that pays for individuals involved in beneficial fire projects to include overtime or double rates of pay as an allowable expense when such expenses are necessary for the implementation of the project.
- Establish that the Prescribed Fire Claims Fund (Claims Fund) applies to prescribed fires and cultural burning conducted by individuals and entities other than the Department or the federal government and on any lands within the state.
- Specify that, for a claim to be paid from the Claims Fund, the burn plan must have been approved by the Department or a burn boss before the prescribed fire or cultural burn.
- Require that a burn plan be submitted to the Claims Fund portal prior to ignition.
- Require the Department develop methodologies for prioritizing broadcast burns and burns by nonpublic individuals or entities or California Native American tribes in the event the Claims Fund is oversubscribed.
- Specify that changes made to PRC § 4500 by this bill do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
- Exempt from CEQA certain wildfire risk reduction projects to actions taken by the Department to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA.
- Amend the Forest Improvement Grant Program to require grantees to file accountability reports with the Department six months from the date of receiving funds and every six months thereafter.
- Replace a reference to the Office of Planning and Research to the Office of Land Use and Climate Innovation.
- Make findings and declarations relevant to the value of prescribed burning in California.
- Establish the bill as an urgency statute.
ARGUMENTS IN SUPPORT
According to the author, “For generations, California Tribes have stewarded the landscape with fire. This community wide effort created a safer and healthier ecosystem for all. Tragically, one of the first laws ever passed by this Legislature outlawed this practice. We restricted cultural burning practices and ignored that wisdom. We eventually set up a fire response system that extinguished all flames, even when they were desperately needed to clear overly dense vegetation and support fire dependent plants. AB 1699 is about righting that historic wrong. The use of beneficial fire, a prescribed fire, or a controlled burn are all examples of “Good Fire”. We know all too well about the opposite, catastrophic wildfires that burn out of control. We need much more Good Fire to address that very real threat that far too many of us have learned to live with. We need to follow the leadership of our Tribes and build up the systems to use more Good Fire.”
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
Double referral. This bill is double referred to this committee and the Senate Emergency Management Committee. This is the committee of first referral. Elements of the bill under the jurisdiction of that committee are included for context and completeness only.
Codifying the EO. This bill is largely an effort to codify the Governor’s EO. This bill:
- Exempts actions taken by the Department to assist in prescribed fire or cultural burning projects from CEQA.
- Amends PRC §4493 to allow the Department to waive the inspection requirement or modify the standard precautions for a permit application submitted by specified individuals, including burn bosses, to conduct prescribed burning.
- Expands the EO by modifying the entities eligible to receive money from the Claims Fund to include “individuals and entities other than the department or the federal government,” which includes resource conservation districts and volunteer fire districts (and others).
- Expands the pool of eligible individuals to be designated as a state-certified burn boss and authorizes those individuals to be certified and recertified to maintain currency.
The Committee may wish to amend the bill to clarify the applicability of recertification processes to eligible individuals using alternative certifications to qualify as a California burn boss. [SEE Amendment #1]
Overtime. According to the author, many state grant funds prohibit grantees from paying overtime and this can be problematic for prescribed fire, which requires around-the-clock work during and after the burn for safety purposes.
This bill would authorize overtime or double time pay under grant funding where the pay is necessary for the implementation of the burn.
CEQA. The bill exempts actions that assist in the implementation of prescribed burning or cultural burning to the extent they do not otherwise require compliance with CEQA.
Pacific Forest Trust argues that this bill avoids unnecessary paperwork by clarifying CEQA does not trigger new CEQA obligations solely due to the Department’s involvement. This bill allows the Department to actively help with projects rather than only being present in case something goes wrong, increasing capacity for prescribed burns during critical weather windows. While EO N-35-25 temporarily addressed this issue, AB 1699 offers a permanent fix.
Early to bed…. This bill proposes to repeal the sunset of the Claims Fund, which is currently set for January 1, 2028. The Claims Fund has only been in place since 2022, and while it has shown promise for increasing the amount of prescribed burning in the state, no claims have been filed against it.
While repealing the sunset date provides certainty to burn bosses and eligible entities wishing to use prescribed fire, it would behoove the Legislature to have a process in place to evaluate the function of the fund once it has been drawn upon. The Committee may wish to amend the bill to include a requirement that the Department provide a report to the Legislature on the implementation of the claim process, once a claim has been made. [SEE Amendment #2].
Committee amendments will be taken in the Senate Emergency Management Committee. Due to time constraints, if the committee wishes to amend the bill and the bill is passed out of this committee, the amendments will be taken in the Senate Emergency Management Committee’s hearing on this bill.
Related legislation
SB 926 (Dodd, Chapter 606, Statutes of 2022) established the Prescribed Fire Claims Fund.
SB 332 (Dodd, Chapter 600, Statutes of 2021) provided that no person shall be liable for any fire suppression or other costs otherwise recoverable for a prescribed burn if specified conditions are met.
SB 170 (Budget Act of 2021) included $20 million to the Department to establish a program, in consultation with the Department of Insurance and the California Natural Resources Agency, that creates a prescribed fire claims fund to support coverage for losses from permitted prescribed fires by non-public entities, such as Native American tribes, private landowners, and nongovernmental entities.
SB 1260 (Jackson, Chapter 624, Statutes of 2018) required the Department to develop a professional “burn boss” curriculum and certification program that would create a consistent standard for the education and skills needed for people to conduct prescribed fires.
SUGGESTED AMENDMENTS
AMENDMENT 1
Amend PRC 4477(b) as follows:
4477(b) […] Once certified, an individual may use the recertification process provided in subdivision (a) to maintain currency as a California certified burn boss.
AMENDMENT 2
Amend Sec. 7 of the bill as follows:
SEC. 7. Section 4503 of the Public Resources Code is repealed. amended to read:
4503. This article shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2028, deletes or extends that date. No later than one year after a claim on the fund is made, the department shall submit a report to the Legislature regarding the claim process and propose statutory changes that may improve the efficiency, transparency, effectiveness, or overall function of the claims fund.
SUPPORT
Pacific Forest Trust (sponsor)
3 Suns Farm
All Hands Ecology
Amah Mutsun Tribal Band
American Rivers
Biswell Forestry
Briceland Volunteer Fire Department
Burnbot
Cal Poly Humboldt Fire Resilience Institute
California Association of Local Conservation Corps
California Cattlemen's Association
California Environmental Voters
California Forward
California Indian Environmental Alliance
California Licensed Foresters Association
California Native Plant Society
California State Association of Counties (CSAC)
California Tahoe Alliance
California Tribal Business Alliance
Californians for Western Wilderness
Calwild
Campfire Restoration Project
Camptonville Community Partnership
Central Coast Prescribed Burn Association
Central Coast State Parks Association
Central Sierra Environmental Resource Center
Colusa County Resource Conservation District
Community Wildfire Planning Center
Confluence West
Contra Costa Resource Conservation District
Cross Contour LLC
Cultural Fire Management Council
Danoxa Fish and Wildlife, Robinson Rancheria Pomo Indians of California
Defenders of Wildlife
Ecoflight
Elevate California
Environmental Defense Fund
Environmental Protection Information Center (EPIC)
Fave Trainings
Firefighters United for Safety, Ethics, and Ecology (FUSEE)
Firegen
Firegeneration Collaborative
Firewerx
Forestry and Fire Recruitment Program
Forevergreen Forestry
Friends of Plumas Wilderness
Friends of the Lost Coast
Habematolel Pomo of Upper Lake
Hayfork Prescribed Burn Association
Humboldt County Prescribed Burn Association
Humboldt Fire Resilience Institute
Hyampom Prescribed Burn Association
Indigenous Stewardship Network
Karuk Tribe
Keep Tahoe Blue
Klamath Forest Alliance
Lake County Land Trust
Los Angeles Prescribed Burn Association
Marin Resource Conservation District
Mattole Restoration Council
Megafire Action
Mid Klamath Watershed Council
Midpeninsula Regional Open Space District
Mother Lode Land Trust
Mount Hermon Northwest
Nevada County Resource Conservation District
Nourishing Futures
Orleans Volunteer Fire Department
Peninsula Open Space Trust
Plumas Corporation
Plumas County Fire Safe Council
Plumas Underburn Cooperative
Prometheus Fire Consulting LLC
Rain
Rancho Aromitas Firewise Community (RAFC)
Resilience Force
Resource Renewal Institute
Rural Voices for Conservation Coalition
Salmon River Restoration Council
San Benito Fire Safe Council
San Benito Resource Conservation District
San Luis Obispo Prescribed Burn Association
Santa Clara County Firesafe Council and South Bay Prescribed Burn Association
Santa Clara Valley Habitat Agency
Santa Rosa Junior College Shone Farm
Save Mount Diablo
Save the Redwoods League
Scott River Watershed Council
Sempervirens Fund
Sequoia Riverlands Trust
Shasta County Board of Supervisors
Shasta County
Sierra Business Council
Sierra Consortium
Sierra Nevada Alliance
Solano Resource Conservation District
Sonoma County Agricultural Preservation and Open Space District
Sonoma Ecology Center
Sonoma Land Trust
South Yuba River Citizens League
Spye Conservation INC.
Sugar Pine Foundation
Terra Fuego Resource Foundation
The Climate Center
The Fire Restoration Group
The Lookout
The Nature Conservancy
The Wilderness Society
The Wildlands Conservancy
Treepeople
Trees Foundation
Tribal Ecorestoration Alliance
Trinity County Resource Conservation District
Trout Unlimited
Trust for Public Land
Tuolumne Prescribed Burn Association
Ventura County Resource Conservation District
Watershed Research & Training Center
Western Watersheds Project
Wild and Scenic Rivers
Wildlands Network
Wildlands Robotics
Wine Institute
Yolo County Fire Safe Council
Yolo County Resource Conservation District
Yolo PBA
Yosemite Gateway Prescribed Burn Cooperative
Yosemite Rivers Alliance
OPPOSITION
None received
-- END --
Kelp, M., Burke, M., Qiu, M., Higuera‐Mendieta, I., Liu, T., and Diffenbaugh, N.S. (2025) ↑
https://ebudget.ca.gov/2026-27/pdf/GovernorsBudget/3000/3540FCS.pdf ↑
www.gov.ca.gov/wp-content/uploads/2025/10/Executive-Order-Beneficial-Fire.pdf ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 1699
Author:(Rogers)
As Introduced Ver:February 3, 2026
2/3 vote
SUMMARY
Establishes the Good Fire Act to indefinitely extend the Prescribed Fire Liability Pilot Program (Program) and facilitate greater beneficial burning to meet the state's forest treatment goals.
Major Provisions
- Requires, as part of the continuing education of burn bosses, the State Fire Marshal (SFM) to require recertification no sooner than every three years. Requires the Department of Forestry and Fire Protection (CAL FIRE) to consider methods to increase the pool of available instructors for the certification program, including the use of nondepartmental instructors.
- Requires, in addition to the curriculum and certification program developed, CAL FIRE to, in consultation with the Statewide Training and Education Advisory Committee, develop a mechanism to allow individuals certified by CAL FIRE as a prescribed fire incident commander or equivalent, individuals qualified for the National Wildfire Coordinating Group position title of "Prescribed Fire Burn Boss Type 1" or "Prescribed Fire Burn Boss Type 2" or equivalent, or individuals certified as prescribed fire managers or similar positions by other states pursuant to a certification program that is substantially similar to the program to be designated as a state-certified burn boss. Once certified, an individual may use the recertification process to maintain currency.
- Authorizes CAL FIRE to waive the inspection requirement or modify the standard precautions for an application submitted by any of the specified individuals.
- Prohibits a state agency, department, board, or commission that has awarded grant funds or other sources of funds to an awardee, who is paying individuals engaged in the preparation for or implementation of beneficial fire projects from those funds, from, in the disbursement of the award, restrict payment covering the cost of providing overtime or double rates of pay unless that restriction is required by the applicable statute establishing the funding. The restriction shall apply to, but not be limited to, the CAL FIRE's Forest Health Program.
- Clarifies moneys in the Claims Fund are to support coverage for losses from prescribed fires and cultural burning by led by individuals and entities other than CAL FIRE or the federal government.
- Provides that CAL FIRE approval is not required for a plan reviewed and approved by a burn boss as a condition for payment of claims from the Fund.
- Requires the guidelines for the Program and administration of the Claims Fund to include methods for prioritizing broadcast burns and burns by nonpublic individuals or entities or California Native American tribes in the event the Fund is oversubscribed.
- Deletes the January 1, 2028, sunset date on the Program.
- Exempts from the California Environmental Quality Act (CEQA) actions taken by CAL FIRE to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA.
COMMENTS
Last year, Governor Newsom issued Executive Order (EO) N-35-25 expressing concern that strict compliance with various statutes and regulations would prevent, hinder, or delay the use of beneficial fire to limit dangerous wildfire conditions that threaten life and property, and ordered the following, among other things:
- CAL FIRE to assist local agencies and beneficial fire practitioners that limit fire conditions and suspended those efforts from CEQA.
- The suspension of Public Resources Code 4493, which requires CAL FIRE to conduct a site visit or inception before issuing a state burn permit for projects undertaken by a burn boss or a cultural fire practitioner.
- Suspend the limitation on public and governmental agencies enrolling in the Pilot Program to the extent it prohibits resource conservation districts and volunteer fire departments.
- CAL FIRE to review and update its prescribed fire guidebook to more effectively support prescribed fires that are primarily planned or conducted by non-CAL FIRE entities.
This bill is largely an effort to codify the Governor's EO. Consistent with the Governor's EO, this bill:
- Exempts actions taken by CAL FIRE to assist in prescribed fire or cultural burning projects from CEQA.
- Amends PRC 4493 to allow CAL FIRE to waive the inspection requirement or modify the standard precautions for a permit application submitted by specified individuals, including burn bosses, to conduct prescribed burning.
- Modifies the entities eligible to receive money from the Claims Fund to include "individuals and entities other than CAL FIRE or the federal government," which includes resource conservation districts (RCDs) and volunteer fire districts (and others).
- Expands the pool of eligible individuals to be designated as a state-certified burn boss and authorizes those individuals to be certified and recertified to maintain currency.
According to the Author
For generations, California Tribes have stewarded the landscape with fire. This community wide effort created a safer and healthier ecosystem for all. Tragically, one of the first laws ever passed by this Legislature outlawed this practice. We restricted cultural burning practices and ignored that wisdom. We eventually set up a fire response system that extinguished all flames, even when they were desperately needed to clear overly dense vegetation and support fire dependent plants. AB 1699 is about righting that historic wrong. The use of beneficial fire, a prescribed fire, or a controlled burn are all examples of "Good Fire."
Arguments in Support
More than 100 organizations write that expanding prescribed fire protects Californians from catastrophic wildfire while restoring our landscapes. The Good Fire Act provides practical solutions to credential bottlenecks, liability concerns, and operational restrictions that currently limit this essential work.
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee, by removing the sunset on the Prescribed Fire Claims Fund and significantly expanding the universe of eligible entities, this bill creates ongoing General Fund cost pressures of an unknown amount, possibly in the low to tens of millions of dollars annually.
The magnitude of this increased cost pressure is unknown given that the fund only covers liability for damages in the event of an escaped prescribed burn (not operations or labor costs) and no claims have been awarded from the fund to date – demonstrating that prescribed and cultural burns, when properly planned and led by certified professionals, are low-risk.
By prohibiting a state entity that awards grant funds for beneficial fire projects from restricting those funds for use as payment for overtime or double rates of pay, this bill potentially creates cost pressures on various grant funds.
The bill's requirements to move the burn boss recertification cycle to every three years and allow CAL FIRE to waive site inspections for certified professionals are likely to reduce CAL FIRE's staff workload and administrative costs.
This bill codifies this CEQA exemption, likely resulting in reduced costs for CAL FIRE.
VOTES
ASM NATURAL RESOURCES: 14-0-0
YES: Bryan, Ellis, Alanis, Connolly, Garcia, Haney, Hoover, Kalra, Macedo, Muratsuchi, Pellerin, Schultz, Wicks, Zbur
ASM EMERGENCY MANAGEMENT: 5-0-2
YES: Ransom, Bains, Bennett, Calderon, DeMaio
ABS, ABST OR NV: Hadwick, Arambula
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Hoover, Aguiar-Curry, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa
UPDATED
VERSION: February 3, 2026
CONSULTANT: Paige Brokaw / NAT. RES. / (916) 319-2092 FN: 0002639
ASSEMBLY THIRD READING
ATR Bill Id:AB 1699
Author:(Rogers)
As Amended Ver:May 18, 2026
2/3 vote
SUMMARY
Establishes the Good Fire Act to indefinitely extend the Prescribed Fire Liability Pilot Program (Program) and facilitate greater beneficial burning to meet the state′s forest treatment goals.
Major Provisions
- Requires, as part of the continuing education of burn bosses, the State Fire Marshal (SFM) to require recertification no sooner than every three years. Requires the Department of Forestry and Fire Protection (CAL FIRE) to consider methods to increase the pool of available instructors for the certification program, including the use of nondepartmental instructors.
- Requires, in addition to the curriculum and certification program developed, CAL FIRE to, in consultation with the Statewide Training and Education Advisory Committee, develop a mechanism to allow individuals certified by CAL FIRE as a prescribed fire incident commander or equivalent, individuals qualified for the National Wildfire Coordinating Group position title of ″Prescribed Fire Burn Boss Type 1″ or ″Prescribed Fire Burn Boss Type 2″ or equivalent, or individuals certified as prescribed fire managers or similar positions by other states pursuant to a certification program that is substantially similar to the program to be designated as a state-certified burn boss. Once certified, an individual may use the recertification process to maintain currency.
- Authorizes CAL FIRE to waive the inspection requirement or modify the standard precautions for an application submitted by any of the specified individuals.
- Prohibits a state agency, department, board, or commission that has awarded grant funds or other sources of funds to an awardee, who is paying individuals engaged in the preparation for or implementation of beneficial fire projects from those funds, from, in the disbursement of the award, restrict payment covering the cost of providing overtime or double rates of pay unless that restriction is required by the applicable statute establishing the funding. The restriction shall apply to, but not be limited to, the CAL FIRE′s Forest Health Program.
- Clarifies moneys in the Claims Fund are to support coverage for losses from prescribed fires and cultural burning by led by individuals and entities other than CAL FIRE or the federal government.
- Provides that CAL FIRE approval is not required for a plan reviewed and approved by a burn boss as a condition for payment of claims from the Fund.
- Requires the guidelines for the Program and administration of the Claims Fund to include methods for prioritizing broadcast burns and burns by nonpublic individuals or entities or California Native American tribes in the event the Fund is oversubscribed.
- Deletes the January 1, 2028, sunset date on the Program.
- Exempts from the California Environmental Quality Act (CEQA) actions taken by CAL FIRE to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA.
- State that specified amendments made by AB 1699 do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
COMMENTS
Last year, Governor Newsom issued Executive Order (EO) N-35-25 expressing concern that strict compliance with various statutes and regulations would prevent, hinder, or delay the use of beneficial fire to limit dangerous wildfire conditions that threaten life and property, and ordered the following, among other things:
- CAL FIRE to assist local agencies and beneficial fire practitioners that limit fire conditions and suspended those efforts from CEQA.
- The suspension of Public Resources Code 4493, which requires CAL FIRE to conduct a site visit or inception before issuing a state burn permit for projects undertaken by a burn boss or a cultural fire practitioner.
- Suspend the limitation on public and governmental agencies enrolling in the Pilot Program to the extent it prohibits resource conservation districts and volunteer fire departments.
- CAL FIRE to review and update its prescribed fire guidebook to more effectively support prescribed fires that are primarily planned or conducted by non-CAL FIRE entities.
This bill is largely an effort to codify the Governor′s EO. Consistent with the Governor′s EO, this bill:
- Exempts actions taken by CAL FIRE to assist in prescribed fire or cultural burning projects from CEQA.
- Amends PRC 4493 to allow CAL FIRE to waive the inspection requirement or modify the standard precautions for a permit application submitted by specified individuals, including burn bosses, to conduct prescribed burning.
- Modifies the entities eligible to receive money from the Claims Fund to include ″individuals and entities other than CAL FIRE or the federal government,″ which includes RCDs and volunteer fire districts (and others).
- Expands the pool of eligible individuals to be designated as a state-certified burn boss and authorizes those individuals to be certified and recertified to maintain currency.
According to the Author
For generations, California Tribes have stewarded the landscape with fire. This community wide effort created a safer and healthier ecosystem for all. Tragically, one of the first laws ever passed by this Legislature outlawed this practice. We restricted cultural burning practices and ignored that wisdom. We eventually set up a fire response system that extinguished all flames, even when they were desperately needed to clear overly dense vegetation and support fire dependent plants. AB 1699 is about righting that historic wrong. The use of beneficial fire, a prescribed fire, or a controlled burn are all examples of ″Good Fire.″
Arguments in Support
More than 100 organizations write that expanding prescribed fire protects Californians from catastrophic wildfire while restoring our landscapes. The Good Fire Act provides practical solutions to credential bottlenecks, liability concerns, and operational restrictions that currently limit this essential work.
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee, by removing the sunset on the Prescribed Fire Claims Fund and significantly expanding the universe of eligible entities, this bill creates ongoing General Fund cost pressures of an unknown amount, possibly in the low to tens of millions of dollars annually.
The magnitude of this increased cost pressure is unknown given that the fund only covers liability for damages in the event of an escaped prescribed burn (not operations or labor costs) and no claims have been awarded from the fund to date – demonstrating that prescribed and cultural burns, when properly planned and led by certified professionals, are low-risk.
By prohibiting a state entity that awards grant funds for beneficial fire projects from restricting those funds for use as payment for overtime or double rates of pay, this bill potentially creates cost pressures on various grant funds.
The bill′s requirements to move the burn boss recertification cycle to every three years and allow CAL FIRE to waive site inspections for certified professionals are likely to reduce CAL FIRE′s staff workload and administrative costs.
This bill codifies this CEQA exemption, likely resulting in reduced costs for CAL FIRE.
VOTES
ASM NATURAL RESOURCES: 14-0-0
YES: Bryan, Ellis, Alanis, Connolly, Garcia, Haney, Hoover, Kalra, Macedo, Muratsuchi, Pellerin, Schultz, Wicks, Zbur
ASM EMERGENCY MANAGEMENT: 5-0-2
YES: Ransom, Bains, Bennett, Calderon, DeMaio
ABS, ABST OR NV: Hadwick, Arambula
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Hoover, Aguiar-Curry, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa
UPDATED
VERSION: May 18, 2026
CONSULTANT: Paige Brokaw / NAT. RES. / (916) 319-2092 FN: 0003078
Date of Hearing: April 22, 2026
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 1699
Author:(Rogers) – As Introduced Ver:February 3, 2026
Policy Committee: | Natural Resources | Vote: | 14 - 0 |
Emergency Management | 5 - 0 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: >
SUMMARY:
This bill establishes the Good Fire Act to indefinitely extend the Prescribed Fire Liability Pilot Program (Program) and facilitate greater beneficial burning to meet the state’s forest treatment goals.
Specifically, this bill, among other things:
- Requires the State Fire Marshal (SFM), as part of its continuing education of burn bosses, to require recertification no sooner than every three years, and requires the Department of Forestry and Fire Protection (CAL FIRE) to consider methods to increase the pool of available instructors for the certification program, including the use of nondepartmental instructors.
- Requires CAL FIRE, in consultation with the Statewide Training and Education Advisory Committee, to develop a mechanism to allow an individual certified by CAL FIRE as a prescribed fire incident commander or equivalent, an individual qualified for the National Wildfire Coordinating Group position title of “Prescribed Fire Burn Boss Type 1” or “Prescribed Fire Burn Boss Type 2” or equivalent, or an individual certified as a prescribed fire manager or similar position by another state pursuant to a certification program substantially similar to CAL FIRE’s certification program, to be designated as a state-certified burn boss. Once certified, an individual may use the recertification process to maintain currency.
- Authorizes CAL FIRE to waive the existing inspection requirement or modify the standard precautions for an application for prescribed burning submitted by specified individuals.
- Prohibits a state agency, department, board, or commission that has awarded grant funds or other sources of funds to an awardee, who is paying individuals engaged in the preparation for or implementation of beneficial fire projects from those funds, from, in the disbursement of the award, restricting payment covering the cost of providing overtime or double rates of pay unless that restriction is required by the applicable statute establishing the funding, as specified.
- Clarifies that moneys in the Prescribed Fire Claims Fund are to support coverage for losses from prescribed fires and cultural burning led by individuals and entities other than CAL FIRE or the federal government.
- Provides that CAL FIRE approval is not required for a plan reviewed and approved by a burn boss as a condition for payment of claims from the Claims Fund.
- Requires the guidelines for the Program and administration of the Claims Fund to include methods for prioritizing broadcast burns and burns by nonpublic individuals or entities or California Native American tribes in the event the Claims Fund is oversubscribed.
- Deletes the January 1, 2028, sunset date on the Program.
- Exempts from the California Environmental Quality Act (CEQA) actions taken by CAL FIRE to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA.
FISCAL EFFECT:
In 2025, Governor Newsom issued Executive Order (EO) N-35-25 to expand, streamline, and expedite the state’s use of beneficial fire. This bill is largely an effort to codify the Governor’s EO, and CAL FIRE notes that the bill’s provisions are aligned with several activities the department has initiated in response to the EO.
1) By removing the sunset on the Prescribed Fire Claims Fund and significantly expanding the universe of eligible entities, this bill creates ongoing General Fund cost pressures of an unknown amount, possibly in the low to tens of millions of dollars annually. The Legislative Analyst’s Office recently warned of General Fund structural deficits of around $35 billion per year in the 2027-28 fiscal year and ongoing.
The magnitude of this increased cost pressure is unknown given that the fund only covers liability for damages in the event of an escaped prescribed burn (not operations or labor costs) and no claims have been awarded from the fund to date – demonstrating that prescribed and cultural burns, when properly planned and led by certified professionals, are low-risk. CAL FIRE also notes that (a) the Claims Fund has made supplemental private insurance available from at least two private insurance carriers who did not offer such coverage prior to the fund being available and (b) increasing the pace and scale of beneficial fire is a proven method to reduce future emergency suppression costs and disaster claims.
2) By prohibiting a state entity that awards grant funds for beneficial fire projects from restricting those funds for use as payment for overtime or double rates of pay, this bill potentially creates cost pressures on various grant funds. CAL FIRE currently allows for the payment of overtime when necessary if a grantee receives approval prior to invoicing (to avoid inadvertently gifting public funds by overpaying grantees for overtime). It is not clear the extent to which this bill is expanding this practice.
3) The bill’s requirements to move the burn boss recertification cycle to every three years and allow CAL FIRE to waive site inspections for certified professionals are likely to reduce CAL FIRE’s staff workload and administrative costs. CAL FIRE is currently assisting on community-led burns without triggering new environmental reviews (a practice enabled by the EO to fast-track projects). This bill codifies this CEQA exemption, likely resulting in reduced costs for CAL FIRE.
COMMENTS:
1) Purpose. According to the author:
For generations, California Tribes have stewarded the landscape with fire. This community wide effort created a safer and healthier ecosystem for all. Tragically, one of the first laws ever passed by this Legislature outlawed this practice. We restricted cultural burning practices and ignored that wisdom. We eventually set up a fire response system that extinguished all flames, even when they were desperately needed to clear overly dense vegetation and support fire dependent plants. AB 1699 is about righting that historic wrong. The use of beneficial fire, a prescribed fire, or a controlled burn are all examples of “Good Fire”.
2) Background. Beneficial Fire. Governor Newsom issued multiple EOs in 2015 to expand, streamline, and expedite the state’s use of beneficial fire, also known as prescribed burns and cultural fire. As detailed by the administration, expanding the use of beneficial fire reduces risks of large, catastrophic wildfires and restores California’s fire-adapted and fire-dependent ecosystems. The Governor’s Wildfire and Forest Resilience Task Force, which is comprised of state and federal agencies, among others, issued California’s Strategic Plan for Expanding the Use of Beneficial Fire in 2022 that set an ambitious state and federal goal to treat up to 400,000 acres with beneficial fire annually by 2025. California’s Nature-Based Solutions Climate Targets issued in April 2024 set a target of applying beneficial fire to 1.5 million acres per year by 2045.
Burn Bosses. SB 1260 (Jackson), Chapter 624, Statutes of 2018, required CAL FIRE to develop a professional “burn boss” curriculum and certification program to create a consistent standard for the education and skills needed for people to conduct prescribed fires. As of September 2025, California had certified 65 burn bosses to approve burn plans and lead prescribed burning operations to reduce wildfire risks. California must significantly increase its pool of certified burn bosses to manage a massive backlog of 20 million acres that can benefit from fire.
A coalition of organizations in support of this bill writes that the bill allows federal and CAL FIRE practitioners to “transfer their credentials rather than starting over, and reduces recertification from annual to every three years. It also expands the instructor pool to train more burn bosses. These changes will grow California's certified prescribed fire workforce.”
Liability Coverage. SB 332 (Dodd), Chapter 600, Statutes of 2021, updated the state’s liability standards so that no person would be liable for any fire suppression or other costs otherwise recoverable for a prescribed burn if specified conditions are met. To support the use of prescribed burns to meet the state’s treated acreage goals, the Budget Act of 2021 included $20 million for CAL FIRE to establish the Program and create a Claims Fund to support coverage for losses from permitted prescribed fires by non-public entities.
SB 926 (Dodd), Chapter 606, Statutes of 2022, set parameters to operationalize the $20 million budget appropriation by establishing the Claims Fund to support coverage for losses from permitted prescribed fires by individuals and specified entities. The Claims Fund will provide up to $2 million in coverage for prescribed fire projects led by a qualified burn boss or cultural practitioner. The Claims Fund has proven successful in accelerating beneficial fire by providing coverage where commercial insurance is unavailable or prohibitively expensive. Since its rollout in June 2023, the Claims Fund has enrolled hundreds of projects totaling tens of thousands of acres across the state. Strong statewide demand exists and the initial funding remains intact.
Current statute authorizes the Claims Fund until January 1, 2028. This bill proposes to delete that sunset date. Proponents of the bill, including Pacific Forest Trust, state that making the Claims Fund permanent and clarifying that groups like resource conservation districts, volunteer fire departments, tribal governments, and others are eligible for coverage is essential for long-term planning.
Overtime. According to the author, many state grant funds prohibit grantees from paying overtime and this can be problematic for prescribed fire, which requires around-the-clock work during and after the burn for safety purposes. This bill prohibits a state entity that has awarded grant funds for beneficial fire projects from restricting those funds for use as payment for overtime or double rates of pay.
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Date of Hearing: April 13, 2026
ASSEMBLY COMMITTEE ON EMERGENCY MANAGEMENT
Rhodesia Ransom, Chair
ABPCA Bill Id:AB 1699 (
Author:Rogers) – As Introduced Ver:February 3, 2026
SUBJECT: Good Fire Act: Prescribed Fire Liability Pilot Program: burn bosses: California Environmental Quality Act
SUMMARY: This bill establishes the Good Fire Act to indefinitely extend the Prescribed Fire Liability Pilot Program (Program) and facilitate greater beneficial burning to meet the state’s forest treatment goals. This bill also creates a pathway for burn boss certifications for those who are certified as prescribed fire managers or similar positions, as specified, to be designated as a state-certified burn boss. Specifically, this bill:
- Finds and declares it is critical that the state take more action to further expedite and expand beneficial fire projects, where appropriate, to enable practitioners to more effectively implement safe and effective beneficial fire projects.
- Requires, as part of the continuing education of burn bosses, the SFM to require recertification no sooner than every three years. Requires CAL FIRE to consider methods to increase the pool of available instructors for the certification program, including the use of nondepartmental instructors.
- Requires, in addition to the curriculum and certification program developed, CAL FIRE to, in consultation with the Statewide Training and Education Advisory Committee, develop a mechanism to allow individuals certified by CAL FIRE as a prescribed fire incident commander or equivalent, individuals qualified for the National Wildfire Coordinating Group position title of “Prescribed Fire Burn Boss Type 1” or “Prescribed Fire Burn Boss Type 2” or equivalent, or individuals certified as prescribed fire managers or similar positions by other states pursuant to a certification program that is substantially similar to the program to be designated as a state-certified burn boss. Once certified, an individual may use the recertification process to maintain currency.
- Authorizes CAL FIRE to waive the inspection requirement or modify the standard precautions for an application submitted by any of the following individuals:
- A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations;
- A person qualified for the National Wildfire Coordinating Group position title of “Prescribed Fire Burn Boss Type 1” or “Prescribed Fire Burn Boss Type 2;”
- A cultural fire practitioner; and,
- Other parties as determined by the director.
- Prohibits a state agency, department, board, or commission that has awarded grant funds or other sources of funds to an awardee, who is paying individuals engaged in the preparation for or implementation of beneficial fire projects from those funds, from, in the disbursement of the award, restrict payment covering the cost of providing overtime or double rates of pay unless that restriction is required by the applicable statute establishing the funding. The restriction shall apply to, but not be limited to, the CAL FIRE’s Forest Health Program.
- Clarifies moneys in the Claims Fund are to support coverage for losses from prescribed fires and cultural burning by led by individuals and entities other than CAL FIRE or the federal government.
- Requires a claim for money in the Claims Fund to meet additional conditions.
- Provides that CAL FIRE approval is not required for a plan reviewed and approved by a burn boss as a condition for payment of claims from the Fund.
- Requires the guidelines for the Program and administration of the Claims Fund to include methods for prioritizing broadcast burns and burns by nonpublic individuals or entities or California Native American tribes in the event the Fund is oversubscribed.
- Deletes the January 1, 2028, sunset date on the Program.
- Exempts from CEQA actions taken by CAL FIRE to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA.
EXISTING LAW:
- Pursuant to Public Resources Code (PRC) Section 4477:
- Requires the State Fire Marshal (SFM), with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses, who possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. The curriculum shall provide for the initial certification as well as the continuing education of burn bosses.
- Requires the Department of Forestry and Fire Protection (CAL FIRE) to develop a training program for prescribed fire users to certify professionals in any agency or organization as burn bosses. Requires CAL FIRE to certify these individuals to a common standard. It is the intent of the Legislature that the department use its discretion to ensure that burn bosses are thoroughly qualified to engage in prescribed burning operations prior to issuing certifications.
- Requires the SFM to post and update on its internet website the number of burn bosses with an active burn boss certification.
- Declares cooperation by CAL FIRE with a person desiring to use prescribed burning as a means of converting brush-covered lands into forage lands or to help meet wildland management goals, which has as its objective the prevention of high intensity wildland fires, watershed management, range improvement, vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, community wildfire protection, carbon resilience, enhancement of culturally important resources a public purpose. (Public Resources Code Section 4491)
- 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 (SRA) to apply to CAL FIRE for permission to utilize prescribed burning for those public purposes in PRC 4491. (Public Resources Code Section 4492)
- Requires, upon receipt of an application, CAL FIRE to inspect the land in company with the applicant to determine whether a permit shall be granted; to prescribe the manner in which the site for the prescribed burning shall be prepared; and, to require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. (Public Resources Code Section 4493)
- Authorizes the director of CAL FIRE to enter into an agreement with the owner or any other person who has legal control of any property, any public agency with regulatory or natural resource management authority over any property that is included within any wildland, or any nonprofit organization to conduct joint prescribed burning operations that serve the public interest and are beneficial to the state. Requires the agreement to establish guidelines for the cooperative management of joint prescribed burning operations and requires the completion of a project agreement for each prescribed burn. (Public Resources Code Section 4497)
- Defines “burn boss” as a person certified pursuant to PRC 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations; or, a person qualified for the National Wildfire Coordinating Group position title of “Prescribed Fire Burn Boss Type 1” or “Prescribed Fire Burn Boss Type 2.” (Public Resources Code Section 4500 (a))
- Establishes the Program to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning. (Public Resources Code Section 4500 (b))
- Establishes the Prescribed Fire Claims Fund (Claims Fund) to support coverage for losses from prescribed fires and cultural burning by nonpublic entities, such as cultural fire practitioners, private landowners, and nongovernmental entities. Requires moneys in the fund to be under the control of CAL FIRE, and CAL FIRE, or the third-party administrator with whom CAL FIRE contracts, is authorized to direct payments for claims from the Fund. (Public Resources Code Section 4500 (c)(1))
- Establishes the California Environmental Quality Act (CEQA) to provide a process to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided, and provides specified exemptions for wildfire risk reduction projects. (Public Resources Code Section 21000 et seq.)
FISCAL EFFECT: Unknown. A fiscal committee has not analyzed this bill.
COMMENTS:
Author Statement: “For generations, California Tribes have stewarded the landscape with fire. This community wide effort created a safer and healthier ecosystem for all. Tragically, one of the first laws ever passed by this Legislature outlawed this practice. We restricted cultural burning practices and ignored that wisdom. We eventually set up a fire response system that extinguished all flames, even when they were desperately needed to clear overly dense vegetation and support fire dependent plants. AB 1699 is about righting that historic wrong. The use of beneficial fire, a prescribed fire, or a controlled burn are all examples of “Good Fire”. We know all too well about the opposite, catastrophic wildfires that burn out of control. We need much more Good Fire to address that very real threat that far too many of us have learned to live with. We need to follow the leadership of our Tribes and build up the systems to use more Good Fire.”
Equity Statement: “The bill is strongly supported by Tribes and indigenous Californians because it takes tangible steps to restore the ability to practice cultural fire; a core social, cultural, and ecologically important activity that was extinguished with the arrival of European colonists and the creation of the state of California. Laws aiming at the disruption of cultural burning began in 1850 when California’s Act for the Government and Protection of Indians purported to criminalize Indigenous burning, while also leading to forced labor, displacement and disenfranchisement, and fragmentation of native families. The legacy of these first acts as a State are one of California’s great shames – the law remained on the books until 1937 and it was not until 2019 that the state formally apologized for these sins. Federal fire suppression policy from 1911 onward more significantly disrupted cultural fire and limited the scale of lightning -ignited burns, leading to extirpation and decline of key cultural and ecological species that depend on regular low-intensity fire (Knight et al. 2022; Greenler et al. 2024). Though the Forest Service purportedly claimed to have addressed the “incendiary fire problem” in 1932, cultural and ceremonial burning still continue to this day, albeit at reduced scale. Restoring greater use of beneficial fire is not simply an ecological necessity or a public safety strategy – it is an important step to restore a cultural practice that was a way of life in California for thousands of years before statehood. The Good Fire Act is a tangible step to right a historic wrong.”
CAL FIRE: The California Department of Forestry and Fire Protection (CAL FIRE) is California’s primary state agency responsible for fire protection on millions of acres of wildland, wildfire suppression, and natural resource management. Beyond suppression, CAL FIRE’s mission includes reducing wildfire risk through fuels management, community outreach, and landscape restoration tools such as prescribed fire. California’s Strategic Plan for Expanding the Use of Beneficial Fire, developed by the Wildfire and Forest Resilience Task Force, sets a state-wide framework to increase prescribed burning and cultural fire practices across partnerships with federal, tribal, and local entities. [1] It includes targets for expanded beneficial fire acreage, streamlined permitting, and workforce capacity building, all aimed at increasing forest resilience and reducing catastrophic wildfire risk. This strategy recognizes prescribed fire as a critical component of wildfire mitigation and resilience, helping shift from reactive wildfire suppression toward proactive fuels reduction and ecosystem stewardship.
CEQA exemptions and CAL Fire’s Involvement: According to the Assembly Natural Resources Committee:
The bill exempts actions that assist in the implementation of prescribed burning or cultural burning to the extent they do not otherwise require compliance with CEQA.
Pacific Forest Trust argues that this bill avoids unnecessary paperwork by clarifying CEQA does not trigger new CEQA obligations solely due CAL FIRE involvement. This bill allows CAL FIRE to actively help with projects rather than only being present in case something goes wrong, increasing capacity for prescribed burns during critical weather windows. While the October 29 Executive Order temporarily addressed this issue, AB 1699 offers a permanent fix.
Beneficial and Destructive Fires: Wildfires are a severe and growing threat to lives, property, and infrastructure in California. The confluence of a changing climate, urbanization, and constraints on forest management increases the urgency to address this threat. According to data from CAL FIRE, 18 of California’s 20 most destructive fires have occurred in the past decade. [2] These destructive wildfires are unplanned, high-intensity fires that spread rapidly, often driven by extreme weather and accumulated fuels, causing major property loss, ecosystem damage, and threats to life and safety. 1
Beneficial fire is used to collectively refer to prescribed fire, cultural burning, and fire managed for resource benefit. 1 Prescribed burning, also known as controlled burning, is the intentional, planned application of fire under specific weather and fuel conditions to achieve land management goals such as reducing excess vegetation and wildfire fuels. Beneficial fires help restore ecological balance, support fire-adapted ecosystems, and reduce the risk of large, uncontrolled wildfires by lowering the amount of combustible material on the landscape. [3] Beneficial fires are carefully monitored and controlled to meet resource objectives while minimizing escape risk, whereas destructive wildfires exceed management control and can produce severe impacts on air quality, communities, and infrastructure.
In October 2025, Governor Newsom issued Executive Order (EO) N-35-25, directing state agencies to accelerate and streamline processes for prescribed and cultural burning. This EO was built on the proclamation of a state emergency due to catastrophic wildfire risks. The EO recognizes that past policies suppressing fire have contributed to fuel buildup and that increasing safe beneficial fire treatment is critical for public safety, ecological health, and wildfire risk reduction across California. It also calls for the removal of regulatory barriers and coordination among state agencies so that prescribed fire projects can be implemented more effectively during the critical fall weather window. [4]
Burn Bosses: The CAL FIRE-Office of the State Fire Marshal (OSFM) State-Certified Prescribed-Fire Burn Boss is a certified position to plan and manage prescribed fire on State or private lands. A State-Certified Prescribed-Fire Burn Boss may possess authority to engage in a prescribed burning operation and to enter into the necessary contracts with CAL FIRE. Certified Burn Bosses prepare burn plans, secure permits, implement prescribed fire projects, monitor fire effects, maintain compliance with prescription criteria, and conduct post-burn reviews. This certification includes required training and continuing education and is tied to state liability protections and burn authority. The qualifications are documented in the State Certified Prescribed-Fire Burn Boss Certification Training Standards (CTS). [5]
Currently, the Statewide Training and Education Advisory Committee (STEAC) serves as the advisory committee to the OSFM on matters pertaining to training and education in the California fire service. STEAC currently develops, reviews, and recommends actions regarding standards and curriculum, instructor requirements, and training site requirements. [6]
At the federal and interagency level, the National Wildfire Coordinating Group (NWCG) defines two key Prescribed Fire Burn Boss qualifications: Prescribed Fire Burn Boss Type 1 (RXB1) and Prescribed Fire Burn Boss Type 2 (RXB2). RXB1s are responsible for implementing complex prescribed fire plans and supervising operations where high complexity and risk require advanced planning, leadership, and oversight. [7] RXB2s are responsible for implementing prescribed fire plans for lower-complexity burns. [8] Both California state certification and NWCG RXB roles focus on how to safely plan and implement prescribed fire operations under defined conditions and objectives. Both certifications require demonstrated knowledge of fire behavior, smoke management, risk assessment, burn plan development, and compliance with regulation. However, differences between the certifications are as follows:
- The California state certification is specific to activities within California (especially on state/private lands) and tied to state permitting and liability frameworks. In contrast, NWCG RXB qualifications are standardized positions used across federal, state, tribal, and interagency wildland fire operations and recognized nationally.
- NWCG separates Burn Boss responsibilities into Type 1 (higher complexity) and Type 2 (moderate complexity) classifications, each with distinct training, task book requirements, and experience prerequisites.
- NWCG positions follow federally standardized courses (e.g., RX-410, S-390 for RXB2; S-490 for RXB1) and task books, while California’s state certification follows OSFM training standards and continuing education requirements tailored for compliance with state statutes and administered by the CAL FIRE/OSFM system.
Prescribed Fire Liability Claims Fund: The Prescribed Fire Liability Pilot Program in California was established by state law (SB 926, 2022) and is administered by CAL FIRE to reduce barriers to conducting prescribed and cultural burns by offering liability coverage for them. [9] Under this pilot, the Prescribed Fire Claims Fund provides financial protection of up to $2 million for losses in the rare case that a planned prescribed or cultural burn escapes control, provided the burn was led by a qualified Burn Boss or cultural fire practitioner and followed an approved burn plan. The Fund aims to encourage greater use of prescribed fire by mitigating the financial risk that has historically deterred private landowners and practitioners from engaging in controlled burns, thereby helping expand beneficial fire use to reduce catastrophic wildfire risk. 8
Arguments in Support: According to Pacific Forest Trust, AB 1699 is “legislation that will ease implementation barriers and expand California's use of beneficial fire—a proven tool for reducing catastrophic wildfire risk, protecting communities, and restoring healthy landscapes.
A century of fire suppression has created dangerously overgrown and vulnerable landscapes, and California is now experiencing unprecedented wildfires that threaten communities and ecosystems. Beneficial fire—which includes prescribed fire as well as cultural burning, practiced by tribal communities for thousands of years—is essential to reversing these conditions. While California has made progress in recent years, significantly more beneficial fire is needed to meet state goals, protect our communities, and restore resilience to California’s forests and landscapes.
The Good Fire Act removes key barriers to expanding prescribed fire:
- Making Certification Easier: The bill allows experienced federal and CAL FIRE practitioners to transfer their credentials rather than starting over, and reduces recertification from annual to every three years. It also expands the instructor pool to train more burn bosses. These changes will grow California's certified prescribed fire workforce.
- Strengthening Liability Protection: The bill makes California's Prescribed Fire Liability Claims Fund permanent and clarifies that groups like resource conservation districts, volunteer fire departments, tribal governments and others are eligible for coverage. Since launching in 2023, the fund has enrolled hundreds of projects covering tens of thousands of acres. It has also made insurance more available and affordable, allowing more beneficial fire projects to move forward. Now we must remove the uncertainty that the fund will sunset in the midst of a multi-year burning project.
- Reducing Red Tape: The bill allows CAL FIRE to actively assist with community burns without triggering unnecessary environmental review, makes pre-burn site inspections at CAL FIRE’s discretion, and clarifies that overtime pay for prescribed burns is an acceptable use of state grant funds.
Conclusion: Expanding prescribed fire protects Californians from catastrophic wildfire while restoring our landscapes. The Good Fire Act provides practical solutions to credential bottlenecks, liability concerns, and operational restrictions that currently limit this essential work. We urge your support for AB 1699.”
Related Legislation:
SB 926 (Dodd), Chapter 606, Statutes of 2022. This bill set the parameters to operationalize the $20 million budget appropriation by establishing the Prescribed Fire Liability Claims Fund to support coverage for losses from permitted prescribed fires by individuals and specified entities.
SB 332 (Dodd), Chapter 600, Statutes of 2021. This bill updated the state’s liability standards so that no person would be liable for any fire suppression or other costs otherwise recoverable for a prescribed burn if specified conditions are met, as described in the bill.
SB 170, Budget Act of 2021, included $20 million to CAL FIRE to establish the Program, in consultation with the Department of Insurance and the California Natural Resources Agency that creates a prescribed fire claims fund to support coverage for losses from permitted prescribed fires by non-public entities, such as Native American tribes, private landowners, and nongovernmental entities.
SB 1260 (Jackson), Chapter 624, Statutes of 2018. This bill requires CAL FIRE to develop a professional “burn boss” curriculum and certification program that would create a consistent standard for the education and skills needed for people to conduct prescribed fires.
REGISTERED SUPPORT / OPPOSITION:
Support
3 Suns Farm
All Hands Ecology
American Rivers
Audobon California
Biswell Forestry
Briceland Volunteer Fire Department
Burnbot INC.
Cal Poly Humboldt Fire Resilience Institute
California Association of Local Conservation Corps
California Cattlemen's Association
California Indian Environmental Alliance
California Licensed Foresters Association
California Tahoe Alliance
California Tribal Business Alliance
CalWild
Campfire Restoration Project
Central Coast Prescribed Burn Association
Central Coast State Parks Association
Colusa County Resource Conservation District
Confluence West
Contra Costa Resource Conservation District
Cross Contour LLC
Cultural Fire Management Council
Danoxa Fish and Wildlife, Robinson Rancheria Pomo Indians of California
Defenders of Wildlife
Ecoflight
Elevate California
Environmental Defense Fund
Environmental Protection Information Center
Fave Trainings
Firegeneration Collaborative
Firewerx
Forestry and Fire Recruitment Program
Forevergreen Forestry
Friends of Plumas Wilderness
Friends of the Lost Coast
Habematolel Pomo of Upper Lake
Hayfork Prescribed Burn Association
Humboldt County Prescribed Burn Association
Hyampom Prescribed Burn Association
Indigenous Stewardship Network
Keep Tahoe Blue
Lake County Land Trust
Los Angeles Prescribed Burn Association
Marin Resource Conservation District
Mattole Restoration Council
Mid Klamath Watershed Council
Mother Lode Land Trust
Mount Hermon Northwest
National Audubon Society
Nourishing Futures, 501 (c) (3)
Orleans Volunteer Fire Department
Pacific Forest Trust
Peninsula Open Space Trust
Plumas Corporation
Plumas County Fire Safe Council
Plumas Underburn Cooperative
Prometheus Fire Consulting LLC
Rain
Resource Renewal Institute
Rural Voices for Conservation Coalition
San Luis Obispo Prescribed Burn Association
Santa Clara County Firesafe Council and South Bay Prescribed Burn Association
Santa Rosa Junior College Shone Farm
Save Mount Diablo
Save the Redwoods League
Scott River Watershed Council
Sempervirens Fund
Sequoia Riverlands Trust
Sierra Business Council
Sierra Nevada Alliance
Solano Resource Conservation District
Sonoma Land Trust
Spye Conservation INC.
Sugar Pine Foundation
Terra Fuego Resource Foundation
The Climate Center
The Fire Restoration Group
The Lookout
Treepeople
Trees Foundation
Tribal Ecorestoration Alliance
Trinity County Resource Conservation District
Trout Unlimited
Trust for Public Land
Tuolumne Prescribed Burn Association
Western Propane Gas Association
Western Watersheds Project
Wild and Scenic Rivers
Yolo County Fire Safe Council
Yolo County Resource Conservation District
Yolo PBA
Yosemite Gateway Prescribed Burn Cooperative
Yosemite Rivers Alliance
Opposition
None on file.
Analysis Prepared by: Ugbad Farah / E.M. / (916) 319-3802
California’s Strategic Plan For Expanding The Use of Beneficial Fire, https://wildfiretaskforce.org/wp-content/uploads/2022/05/californias-strategic-plan-for-expanding-the-use-of-beneficial-fire.pdf ↑
Statistics, CAL FIRE https://www.fire.ca.gov/our-impact/statistics ↑
Prescribed Fire, https://www.fire.ca.gov/what-we-do/natural-resource-management/prescribed-fire ↑
Executive Order Beneficial Fire, https://www.gov.ca.gov/wp-content/uploads/2025/10/Executive-Order-Beneficial-Fire.pdf ↑
State Certified Prescribed-Fire Burn Boss, https://osfm.fire.ca.gov/what-we-do/state-fire-training/professional-certifications/state-certified-prescribed-fire-burn-boss ↑
Statewide Training and Education Committee (STEAC), https://osfm.fire.ca.gov/committees/statewide-training-and-education-advisory-committee-steac ↑
Prescribed Fire Burn Boss Type 1, https://www.nwcg.gov/positions/prescribed-fire-burn-boss-type-1 ↑
Prescribed Fire Burn Boss Type 2, https://www.nwcg.gov/positions/prescribed-fire-burn-boss-type-2 ↑
Prescribed Fire Liability Claims Fund Pilot, https://wildfiretaskforce.org/prescribed-fire-liability-claims-fund-pilot ↑
Date of Hearing: March 23, 2026
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Isaac G. Bryan, Chair
ABPCA Bill Id:AB 1699 (
Author:Rogers) – As Introduced Ver:February 3, 2026
SUBJECT: Good Fire Act: Prescribed Fire Liability Pilot Program: burn bosses: California Environmental Quality Act
SUMMARY: Establishes the Good Fire Act to indefinitely extend the Prescribed Fire Liability Pilot Program (Program) and facilitate greater beneficial burning to meet the state’s forest treatment goals.
EXISTING LAW:
- Pursuant to Public Resources Code (PRC) 4477:
- Requires the State Fire Marshal (SFM), with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses, who possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. The curriculum shall provide for the initial certification as well as the continuing education of burn bosses.
- Requires the Department of Forestry and Fire Protection (CAL FIRE) to develop a training program for prescribed fire users to certify professionals in any agency or organization as burn bosses. Requires CAL FIRE to certify these individuals to a common standard. It is the intent of the Legislature that the department use its discretion to ensure that burn bosses are thoroughly qualified to engage in prescribed burning operations prior to issuing certifications.
- Requires the SFM to post and update on its internet website the number of burn bosses with an active burn boss certification.
- Declares cooperation by CAL FIRE with a person desiring to use prescribed burning as a means of converting brush-covered lands into forage lands or to help meet wildland management goals, which has as its objective the prevention of high intensity wildland fires, watershed management, range improvement, vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, community wildfire protection, carbon resilience, enhancement of culturally important resources a public purpose. (PRC 4491)
- 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 (SRA) to apply to CAL FIRE for permission to utilize prescribed burning for those public purposes in PRC 4491. (PRC 4492)
- Requires, upon receipt of an application, CAL FIRE to inspect the land in company with the applicant to determine whether a permit shall be granted; to prescribe the manner in which the site for the prescribed burning shall be prepared; and, to require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. (PRC 4493)
- Authorizes the director of CAL FIRE to enter into an agreement with the owner or any other person who has legal control of any property, any public agency with regulatory or natural resource management authority over any property that is included within any wildland, or any nonprofit organization to conduct joint prescribed burning operations that serve the public interest and are beneficial to the state. Requires the agreement to establish guidelines for the cooperative management of joint prescribed burning operations and requires the completion of a project agreement for each prescribed burn. (PRC 4497)
- Defines “burn boss” as a person certified pursuant to PRC 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations; or, a person qualified for the National Wildfire Coordinating Group position title of “Prescribed Fire Burn Boss Type 1” or “Prescribed Fire Burn Boss Type 2.” (PRC 4500 (a))
- Establishes the Program to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning. (PRC 4500 (b))
- Establishes the Prescribed Fire Claims Fund (Claims Fund) to support coverage for losses from prescribed fires and cultural burning by nonpublic entities, such as cultural fire practitioners, private landowners, and nongovernmental entities. Requires moneys in the fund to be under the control of CAL FIRE, and CAL FIRE, or the third-party administrator with whom CAL FIRE contracts, is authorized to direct payments for claims from the Fund. (PRC 4500 (c)(1))
- Establishes the California Environmental Quality Act (CEQA) to provide a process to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided, and provides specified exemptions for wildfire risk reduction projects. (PRC 21000 et seq.)
THIS BILL:
- Finds and declares it is critical that the state take more action to further expedite and expand beneficial fire projects, where appropriate, to enable practitioners to more effectively implement safe and effective beneficial fire projects.
- Requires, as part of the continuing education of burn bosses, the SFM to require recertification no sooner than every three years. Requires CAL FIRE to consider methods to increase the pool of available instructors for the certification program, including the use of nondepartmental instructors.
- Requires, in addition to the curriculum and certification program developed, CAL FIRE to, in consultation with the Statewide Training and Education Advisory Committee, develop a mechanism to allow individuals certified by CAL FIRE as a prescribed fire incident commander or equivalent, individuals qualified for the National Wildfire Coordinating Group position title of “Prescribed Fire Burn Boss Type 1” or “Prescribed Fire Burn Boss Type 2” or equivalent, or individuals certified as prescribed fire managers or similar positions by other states pursuant to a certification program that is substantially similar to the program to be designated as a state-certified burn boss. Once certified, an individual may use the recertification process to maintain currency.
- Authorizes CAL FIRE to waive the inspection requirement or modify the standard precautions for an application submitted by any of the following individuals:
- A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations;
- A person qualified for the National Wildfire Coordinating Group position title of “Prescribed Fire Burn Boss Type 1” or “Prescribed Fire Burn Boss Type 2;”
- A cultural fire practitioner; and,
- Other parties as determined by the director.
- Prohibits a state agency, department, board, or commission that has awarded grant funds or other sources of funds to an awardee, who is paying individuals engaged in the preparation for or implementation of beneficial fire projects from those funds, from, in the disbursement of the award, restrict payment covering the cost of providing overtime or double rates of pay unless that restriction is required by the applicable statute establishing the funding. The restriction shall apply to, but not be limited to, the CAL FIRE’s Forest Health Program.
- Clarifies moneys in the Claims Fund are to support coverage for losses from prescribed fires and cultural burning by led by individuals and entities other than CAL FIRE or the federal government.
- Requires a claim for money in the Claims Fund to meet additional conditions.
- Provides that CAL FIRE approval is not required for a plan reviewed and approved by a burn boss as a condition for payment of claims from the Fund.
- Requires the guidelines for the Program and administration of the Claims Fund to include methods for prioritizing broadcast burns and burns by nonpublic individuals or entities or California Native American tribes in the event the Fund is oversubscribed.
- Deletes the January 1, 2028, sunset date on the Program.
- Exempts from CEQA actions taken by CAL FIRE to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA.
FISCAL EFFECT: Unknown
COMMENTS:
- Author’s statement:
For generations, California Tribes have stewarded the landscape with fire. This community wide effort created a safer and healthier ecosystem for all. Tragically, one of the first laws ever passed by this Legislature outlawed this practice. We restricted cultural burning practices and ignored that wisdom. We eventually set up a fire response system that extinguished all flames, even when they were desperately needed to clear overly dense vegetation and support fire dependent plants. AB 1699 is about righting that historic wrong. The use of beneficial fire, a prescribed fire, or a controlled burn are all examples of “Good Fire”. We know all too well about the opposite, catastrophic wildfires that burn out of control. We need much more Good Fire to address that very real threat that far too many of us have learned to live with. We need to follow the leadership of our Tribes and build up the systems to use more Good Fire.
- Wildfires. Wildfires in California are continuing to increase in frequency and intensity, resulting in loss of life and damage to public health, property, infrastructure, and ecosystems.
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.
A century of suppressing low-intensity fires, logging of older growth and more fire-resistant trees, and a significant five-year drought has increased the size and severity of California’s fires. Climate change has also contributed to wildfire risk by reducing humidity and precipitation and increasing temperatures.
- Prescribed burning. Science strongly points to the need to re-establish more frequent fire across a significant part of the state. In significant parts of California, reintroduction of fire in controlled circumstances can limit the scope of catastrophic wildfire and improve ecosystem resilience. In many ecosystems, beneficial fire may be the only restoration tool available.
Prescribed burning is the controlled application of fire to the land to reduce wildfire hazards, clear downed trees, control plant diseases, improve rangeland and wildlife habitats, and restore natural ecosystems. Prescribed fires are typically conducted in compliance with a written prescribed fire plan that outlines the conditions necessary for the burn to be “within prescription.” Recent research[1] on California’s 2020 wildfire season found prescribed fires decreased wildfire burn severity by 16% and led to a net reduction of 14% in smoke emissions.
California’s Strategic Plan for Expanding the Use of Beneficial Fire[2] (March 2022) estimates that between 10 and 30 million acres in California would benefit from some form of fuel reduction treatment and sets a target for deploying beneficial fire on 400,000 acres annually.
Last year, the Air Resources Board released data on California’s Natural and Working Lands Carbon Inventory that show the carbon impacted by prescribed fire is more than ten times lower than that from wildfires, while processing harvested wood products emits about 60% as much as wildfires emissions on average.
According to the Strategic Plan, approximately 125,000 to 150,000+ acres are treated with prescribed burning in California annually by state and federal agencies. According to the Wildfire Forest Resilience Task Force Dashboard[3], 188,000 acres were treated with beneficial burns in 2024. While this rate is increasing to manage wildfire hazards, it remains far below the long-term goal of 400,000 acres annually and the roughly 4.5 million acres that burned annually before the year 1800.
Prescribed burns are safe: the US Forest Service reported in 2022 that 99.84% of prescribed burns operate as planned without incident.
- Burn bosses. SB 1260 (Jackson), Chapter 624, Statutes of 2018, required CAL FIRE to develop a professional “burn boss” curriculum and certification program that would create a consistent standard for the education and skills needed for people to conduct prescribed fires. Under this program, CAL FIRE staff members and private individuals or companies could become certified in order to increase the workforce capable of safely conducting prescribed fires.
As of September 2025, California has certified 65 prescribed fire burn bosses to approve burn plans and lead prescribed burning operations to reduce wildfire risks.
California needs to significantly increase its force of certified burn bosses to manage a goal of 400,000 to 1 million+ acres of controlled burns annually. To meet this need, the state requires hundreds to thousands of certified professionals to manage a massive backlog of 20 million acres that would benefit from fire
- Liability coverage. SB 332 (Dodd), Chapter 600, Statutes of 2021, updated the state’s liability standards so that no person would be liable for any fire suppression or other costs otherwise recoverable for a prescribed burn if specified conditions are met, including, among others, that the burn be for the purpose of wildland fire hazard reduction, ecological maintenance and restoration, cultural burning, silviculture, or agriculture, and that, when required, a certified burn boss review and approve a written prescription for the burn. The law is intended to assist private prescribed fire practitioners overcome a barrier to conducting prescribed fire, which is the associated liability. Federal and state prescribed fires do not have the same concerns because they are able to self-insure.
Many private entities, such as cultural fire practitioners and nonprofits, have stated that it is incredibly difficult to obtain insurance to cover any damages that could arise if the prescribed fire went out of prescription. Many private entities are unwilling to conduct public purpose burning without insurance or some liability protection.
To support the use of prescribed burns to meet the state’s treated acreage goals, SB 170, Budget Act of 2021, included $20 million to CAL FIRE to establish the Program, in consultation with the Department of Insurance and the California Natural Resources Agency that creates a prescribed fire claims fund to support coverage for losses from permitted prescribed fires by non-public entities, such as Native American tribes, private landowners, and nongovernmental entities.
SB 926 (Dodd), Chapter 606, Statutes of 2022, set parameters to operationalize the $20 million budget appropriation by establishing the Prescribed Fire Liability Claims Fund (Claims Fund) to support coverage for losses from permitted prescribed fires by individuals and specified entities. The Claims Fund will provide up to $2 million in coverage for prescribed fire projects led by a qualified burn boss or cultural practitioner. The Claims Fund is meant to demonstrate that prescribed fire, when carefully planned, resourced, and implemented, is a low-risk land management tool that mitigates the larger, more damaging risks of high-severity wildfires. According to CAL FIRE, the Claims Fund will also advance cultural burning, helping Indigenous Californians restore their connection to fire.
Current statute authorizes the Claims Fund until January 1, 2028. This bill proposed to delete that sunset date.
Proponents of the bill inducing Pacific Forest Trust state that making the Claims Fund permanent by removing the 2028 sunset is essential for long-term planning. The Claims Fund has proven successful in accelerating beneficial fire by providing coverage where commercial insurance is unavailable or prohibitively expensive. Since its rollout in June 2023, the Claims Fund has enrolled hundreds of projects totaling tens of thousands of acres across the state. Strong statewide demand exists and the initial funding remains intact. Removing the uncertainty of a sunset provision now will provide the assurance needed to undertake large, multi-year projects and sustain California's momentum over time.
To date, none of the $20 million has been drawn down (because none of the fire projects enrolled in the program have needed it).[4]
- Executive action. Last year, Governor Newsom issued Executive Order (EO) N-35-25[5] expressing concern that strict compliance with various statutes and regulation would prevent, hinder, or delay the use of beneficial fire to limit dangerous wildfire conditions that threaten life and property, and ordered the following, among other things:
- CAL FIRE to assist local agencies and beneficial fire practitioners that limit fire conditions and suspended those efforts from CEQA.
- The suspension of PRC 4493, which requires CAL FIRE to conduct a site visit or inception before issuing a state burn permit for projects undertaken by a burn boss or a cultural fire practitioner.
- Suspend the limitation on public and governmental agencies enrolling in the Pilot Program to the extent it prohibits resource conservation districts and volunteer fire departments.
- CAL FIRE to review and update its prescribed fire guidebook to more effectively support prescribed fires that are primarily planned or conducted by non-CAL FIRE entities.
- Codifying the EO. This bill is largely an effort to codify the Governor’s EO. Consistent with the Governor’s EO, this bill:
- Exempts actions taken by CAL FIRE to assist in prescribed fire or cultural burning projects from CEQA.
- Amends PRC 4493 to allow CAL FIRE to waive the inspection requirement or modify the standard precautions for a permit application submitted by specified individuals, including burn bosses, to conduct prescribed burning.
- Modifies the entities eligible to receive money from the Claims Fund to include “individuals and entities other than CAL FIRE or the federal government,” which includes RCDs and volunteer fire districts (and others).
- Expands the pool of eligible individuals to be designated as a state-certified burn boss and authorizes those individuals to be certified and recertified to maintain currency.
- Overtime. According to the author, many state grant funds prohibit grantees from paying overtime and this can be problematic for prescribed fire, which requires around-the-clock work during and after the burn for safety purposes.
This bill would prohibit a state entity that has awarded grant funds for beneficial fire projects from restricting those funds for use as payment for overtime or double rates of pay.
- CEQA. The bill exempts actions that assist in the implementation of prescribed burning or cultural burning to the extent they do not otherwise require compliance with CEQA.
Pacific Forest Trust argues that this bill avoids unnecessary paperwork by clarifying CEQA does not trigger new CEQA obligations solely due CAL FIRE involvement. This bill allows CAL FIRE to actively help with projects rather than only being present in case something goes wrong, increasing capacity for prescribed burns during critical weather windows. While the October 29 Executive Order temporarily addressed this issue, AB 1699 offers a permanent fix.
- Double referral. This bill is also referred to the Assembly Emergency Management Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
3 Suns Farm
All Hands Ecology
American Rivers
Biswell Forestry
Briceland Volunteer Fire Department
Burnbot INC.
Cal Poly Humboldt Fire Resilience Institute
California Association of Local Conservation Corps
California Cattlemen's Association
California Indian Environmental Alliance
California Licensed Foresters Association
California Tahoe Alliance
California Tribal Business Alliance
Calwild
Campfire Restoration Project
Central Coast Prescribed Burn Association
Central Coast State Parks Association
Colusa County Resource Conservation District
Confluence West
Contra Costa Resource Conservation District
Cross Contour LLC
Cultural Fire Management Council
Danoxa Fish and Wildlife, Robinson Rancheria Pomo Indians of California
Defenders of Wildlife
Ecoflight
Environmental Defense Fund
Environmental Protection Information Center
Fave Trainings
Firegeneration Collaborative
Firewerx
Forestry and Fire Recruitment Program
Forevergreen Forestry
Friends of Plumas Wilderness
Friends of the Lost Coast
Habematolel Pomo of Upper Lake
Hayfork Prescribed Burn Association
Humboldt County Prescribed Burn Association
Hyampom Prescribed Burn Association
Indigenous Stewardship Network
Keep Tahoe Blue
Lake County Land Trust
Los Angeles Prescribed Burn Association
Marin Resource Conservation District
Mattole Restoration Council
Mid Klamath Watershed Council
Mother Lode Land Trust
Mount Hermon Northwest
Nourishing Futures
Pacific Forest Trust
Peninsula Open Space Trust
Plumas Corporation
Plumas County Fire Safe Council
Plumas Underburn Cooperative
Prometheus Fire Consulting LLC
Rain
Resource Renewal Institute
Rural Voices for Conservation Coalition
San Luis Obispo Prescribed Burn Association
Santa Clara County Firesafe Council
Santa Rosa Junior College Shone Farm
Save Mount Diablo
Save the Redwoods League
Scott River Watershed Council
Sempervirens Fund
Sequoia Riverlands Trust
Sierra Business Council
Sierra Nevada Alliance
Solano Resource Conservation District
Sonoma Land Trust
South Bay Prescribed Burn Association
Spye Conservation INC.
Sugar Pine Foundation
Terra Fuego Resource Foundation
The Climate Center
The Fire Restoration Group
The Lookout
Treepeople
Trees Foundation
Tribal Ecorestoration Alliance
Trinity County Resource Conservation District
Trout Unlimited
Trust for Public Land
Tuolumne Prescribed Burn Association
Western Watersheds Project
Wild and Scenic Rivers
Yolo County Fire Safe Council
Yolo County Resource Conservation District
Yolo PBA
Yosemite Gateway Prescribed Burn Cooperative
Yosemite Rivers Alliance
Opposition
None on file
Analysis Prepared by: Paige Brokaw / NAT. RES. /
Kelp, M., Burke, M., Qiu, M., Higuera‐Mendieta, I., Liu, T., and Diffenbaugh, N.S. (2025) ↑
https://ebudget.ca.gov/2026-27/pdf/GovernorsBudget/3000/3540FCS.pdf ↑
www.gov.ca.gov/wp-content/uploads/2025/10/Executive-Order-Beneficial-Fire.pdf ↑
Discussed in Hearing
1MIN
Assembly Floor
2MIN
Senate Standing Committee on Appropriations
4MIN
Assembly Floor
32MIN
Assembly Standing Committee on Appropriations
Bill Author
