Civil liability: wildfires.

Existing law specifies the measure of damages available for wrongful injuries to timber, trees, or underwood upon the land of another person, or removal of that wood, and for any trespass committed while acting in reliance upon a survey that improperly fixes the location of a boundary line. This bill would provide that damage caused by an escaping fire, other than an arson fire, shall not be deemed a trespass for purposes of these provisions. The bill would provide that the amount of monetary damages recoverable by any person, including a governmental entity, for fire escaping to the land of another, other than arson, shall be limited to the fair market value of the land and timber affected by the fire in its prefire condition, less the fair market value of the land and timber in its postfire condition. The bill would provide that non-fee-based public benefit use, land conservation management activity, and timber operations conducted in compliance with all laws and regulations pertaining or related to fire safety shall not be deemed a foreseeable risk in the context of any damage related to fire or its escape onto the property of another. Existing law provides that any person who cuts down or carries off any wood, underwood, tree, or timber, or girdles or otherwise injures any tree or timber without lawful authority, as specified, is liable for treble the amount of damages that may be assessed therefor in a civil action. This bill would provide that this provision shall not apply to damages caused by any wildfire, other than an arson fire. Existing law provides that any person who personally or through another willfully, negligently, or in violation of law sets fire to, allows fire to be set to, or allows a fire kindled or attended by him or her to escape to the property of another is liable to the owner of that property for any damages to the property caused by the fire. This bill would apply to a person who negligently, or in violation of law, commits any of the acts described above, instead of a person who personally or through another willfully or negligently commits any of those acts. The bill would require an action for damages under this provision to be brought within 3 years of the date of official extinguishment of the fire. The bill would require a public entity to give notice within 90 days of the official extinguishment of a fire to any person it has probable cause to believe may be liable for damages caused by the fire so that the entity may bring a civil action to recover those damages. By increasing the duties of local fire protection agencies, this bill would impose a state-mandated local program. Under existing law, if a fire originates from the operation or use of an engine, machine, barbecue, incinerator, railroad rolling stock, chimney, or any other device that may kindle a fire, the occurrence of the fire is prima facie evidence of negligence in the maintenance, operation, or use of that engine, machine, barbecue, incinerator, railroad rolling stock, chimney, or other device. If the fire escapes from the place where it originated and it can be determined which person's negligence caused the fire, that person is guilty of a misdemeanor. This bill, instead, would provide, if a fire originates from the operation or use of an engine, machine, barbecue, incinerator, railroad rolling stock, chimney, or any other device that may kindle a fire, and that fire escapes from the place where it originated, and it is proven that a person's negligence proximately caused that fire, that person is guilty of a misdemeanor and may be held civilly liable for his or her negligence. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.