Prescribed burns: burn managers: liability.

Existing law authorizes a person, firm, or corporation, or a group or combination of persons, firms, corporations, or groups, that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area, as defined, to apply to the Department of Forestry and Fire Protection for permission to utilize prescribed burning for specified public purposes. This bill would provide that a property owner and his or her agent conducting a prescribed burn, as defined, shall not be liable for damage or injury caused by fire or smoke, unless negligence is proven, when the prescribed burn meets specified conditions, including that the prescribed burn in conducted under the supervision of a certified prescribed burn manager, as defined, and proper burn permits have been obtained from all appropriate state and local agencies. The bill would require the department, on or before January 1, 2020, to develop a training and certification program for prescribed burn managers. The bill would require the department, on or before July 1, 2020, subject to the receipt of funding, to secure an insurance policy to provide compensation for any injuries or property damage resulting from a prescribed burn operation performed according to the above provisions. The bill would require prescribed burn managers, companies engaging in prescribed burn operations, small landowners, and fire safe councils to be covered under the liability insurance policy. The bill would provide that compliance with specified department burning contracts or with a specified burn permit shall constitute prima facie evidence of due diligence for purposes of determining liability under specified provisions of law and that any person or entity that has been issued the burn permit may use fire to abate a fire hazard. The bill would express intent of the Legislature that, among other things, the department (1) dedicate adequate numbers of staff solely to prescribed burning and vegetation management activities, and (2) make spot weather forecasting available to entities engaged in these burning contracts and to entities that have been issued the burn permit.