SB 310

  • California Senate Bill
  • 2023-2024 Regular Session
  • Introduced in Senate Feb 06, 2023
  • Passed Senate May 30, 2023
  • Passed Assembly Aug 26, 2024
  • Signed by Governor Sep 27, 2024

Prescribed fire: civil liability: cultural burns.

Abstract

Existing law provides that no person shall be liable for any fire suppression or other costs otherwise recoverable for a prescribed burn if specified conditions are met, including, among others, that a burn boss, as certified through a certification program developed by the State Fire Marshal, has reviewed and approved a written prescription for the burn, the burn complies with that written prescription, and either the landowner has provided written permission or the governing body of a Native American tribe has given approval, as provided. Existing law exempts cultural burns, as defined, conducted by a cultural fire practitioner, as defined, from those requirements that a person certified as a burn boss review and approve a written prescription and that the burn be conducted in compliance with the written prescription. This bill would revise and recast those provisions by, among other things, expanding the definition of burn boss to also include a person qualified for specified positions through the National Wildfire Coordinating Group, as provided, and limiting the tribal approval condition to the approval of the governing body of a California Native American tribe. The bill would also revise and recast the definitions of cultural burn and cultural fire practitioner by, among other things, specifying that the definitions only apply to California Native American tribes. Existing law imposes various permitting requirements and prohibitions related to prescribed burns, as provided. This bill would authorize the Secretary of the Natural Resources Agency, in consultation with its departments, commissions, boards, conservancies, and other entities, to enter into written agreements with federally recognized California Native American tribes in support of tribal sovereignty with respect to cultural burning in their ancestral territories. The bill would provide that, in deference to tribal sovereignty, the secretary may agree in a written agreement regarding cultural burning that compliance with specified state permitting or regulatory requirements is not required. The bill would authorize local air districts to enter into written agreements with federally recognized California Native American tribes in support of tribal sovereignty with respect to cultural burning in their ancestral territories, as specified. The bill would provide that it does not grant immunity from fire suppression or other specified recoverable costs to any person whose conduct constitutes gross negligence. The bill would repeal these provisions on January 1, 2030.

Bill Sponsors (1)

Votes


Actions


Sep 27, 2024

California State Legislature

Approved by the Governor.

California State Legislature

Chaptered by Secretary of State. Chapter 666, Statutes of 2024.

Sep 04, 2024

California State Legislature

Enrolled and presented to the Governor at 4 p.m.

Aug 28, 2024

Senate

Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5603.) Ordered to engrossing and enrolling.

Aug 26, 2024

Senate

In Senate. Concurrence in Assembly amendments pending.

Assembly

Read third time. Passed. (Ayes 77. Noes 0. Page 6522.) Ordered to the Senate.

Aug 20, 2024

Assembly

Read second time. Ordered to third reading.

Aug 19, 2024

Assembly

Read second time and amended. Ordered to second reading.

Aug 15, 2024

Assembly

From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 15).

Sep 01, 2023

Assembly

September 1 hearing postponed by committee.

Aug 23, 2023

Assembly

August 23 set for first hearing. Placed on suspense file.

Jul 06, 2023

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (July 5). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Jun 28, 2023

Assembly

Read second time and amended. Re-referred to Com. on JUD.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Jun 27, 2023

Assembly

From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 10. Noes 0.) (June 26).

Jun 15, 2023

Assembly

Referred to Coms. on NAT. RES. and JUD.

  • Referral-Committee
Coms. on NAT. RES. and JUD.

May 31, 2023

Assembly

In Assembly. Read first time. Held at Desk.

May 30, 2023

Senate

Read third time. Passed. (Ayes 40. Noes 0. Page 1355.) Ordered to the Assembly.

May 18, 2023

Senate

Read second time. Ordered to third reading.

Senate

From committee: Do pass. (Ayes 7. Noes 0. Page 1164.) (May 18).

May 12, 2023

Senate

Set for hearing May 18.

May 08, 2023

Senate

May 8 hearing: Placed on APPR suspense file.

May 01, 2023

Senate

Set for hearing May 8.

Apr 26, 2023

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 892.) (April 25). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Apr 14, 2023

Senate

Set for hearing April 25.

Apr 12, 2023

Senate

Read second time and amended. Re-referred to Com. on JUD.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Apr 11, 2023

Senate

From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 11. Noes 0. Page 657.) (April 11).

Mar 30, 2023

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on N.R. & W.

Mar 23, 2023

Senate

Set for hearing April 11.

Feb 15, 2023

Senate

Referred to Coms. on N.R. & W. and JUD.

  • Referral-Committee
Coms. on N.R. & W. and JUD.

Feb 07, 2023

Senate

From printer. May be acted upon on or after March 9.

Feb 06, 2023

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB310 HTML
02/06/23 - Introduced PDF
03/30/23 - Amended Senate PDF
04/12/23 - Amended Senate PDF
06/28/23 - Amended Assembly PDF
08/19/24 - Amended Assembly PDF
08/30/24 - Enrolled PDF
09/27/24 - Chaptered PDF

Related Documents

Document Format
04/06/23- Senate Natural Resources and Water PDF
04/21/23- Senate Judiciary PDF
05/05/23- Senate Appropriations PDF
05/20/23- Sen. Floor Analyses PDF
06/23/23- Assembly Natural Resources PDF
06/30/23- Assembly Judiciary PDF
08/21/23- Assembly Appropriations PDF
08/21/24- ASSEMBLY FLOOR ANALYSIS PDF
08/27/24- Sen. Floor Analyses PDF

Sources

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