- Elizabeth Larson
- Posted On
Dodd bill to address control burn liability signed into law
Gov. Gavin Newsom signed SB 332 by Sen. Bill Dodd (D-Napa).
“Today we take an important step toward protecting our state from the kinds of wildfires that have been so destructive over the past few years,” Dodd said, thanking Newsom for signing the bill into law.
SB passed the Assembly and Senate with unanimous, bipartisan support in September before being signed by the governor on Wednesday.
Dodd said SB 332 is meant to help prevent future loss of life and property by expanding the use of prescribed burning to control combustible fuels.
“We know control burning is one of the best ways to reduce combustible fuels in our tinder-dry forest. My bill, SB 332, will expand our use of this proven tool and make our state safer as we face ever-worsening conditions caused by drought and climate change. To do that we must raise the legal standard for seeking state suppression costs, requiring a showing of gross negligence rather than simple negligence,” Dodd said in a statement released Wednesday evening, within hours of the bill’s signing.
Newsom signed the legislation just over a week after he signed a complementary bill, AB 642 by Assembly member Laura Friedman (D-Glendale), which — among other things — calls for the creation of a prescribed fire training center, the appointment of a cultural burning liaison to serve on the State Board of Fire Services and development of Cal Fire’s prescribed burning crews, as Lake County News has reported.
Prescribed burning is the controlled application of fire to the land to reduce wildfire hazards, clear downed trees, control plant diseases and improve wildlife habitats.
It is conducted by trained professionals — called “burn bosses” — and is one of the most cost-effective tools to manage wildfire.
California’s tribes used the practice for centuries and, more recently, it was used by ranchers to keep landscapes more open. However, the state and federal governments began to discourage the practice by private landowners.
Recently, with so much of California beset by larger and more damaging wildland fires, the importance of the practice has once again begun to be recognized, with more landowners and agencies seeking to use it.
Rarely have prescribed burns caused unintended damage. However, Lenya Quinn-Davidson, fire adviser for the University of California Cooperative Extension and director of Northern California Prescribed Fire Council, told Lake County News that concern over being billed for wildfire suppression costs has hampered the practice’s use.
Dodd’s office said the liability concern’s impact on prescribed burns has caused a buildup in forests of brush and unhealthy trees, which is why SB 332 changed the legal standard for seeking state suppression costs.
“The passage of SB 332 is monumental,” said Quinn-Davidson. “Those of us who work on prescribed fire have felt the need for these changes for years, but we never thought we’d see them happen. We are so thankful to Sen. Dodd for his vision and leadership, which will effect real, positive change around prescribed burning and fire resiliency in California.”
Quinn-Davidson said the bill had the support of a broad coalition of groups, from ranchers to conservationists and tribal governments.
The bill builds on legislation Dodd advocated to create a $20 million insurance pilot program to encourage prescribed burning.
SB 170, the Budget Act of 2021, was signed Sept. 23. It included a $20 million prescribed fire claim fund in the state budget.
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