BILL NUMBER: SB 1856	CHAPTERED  09/22/04

	CHAPTER  693
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2004
	PASSED THE ASSEMBLY  AUGUST 18, 2004
	PASSED THE SENATE  MAY 10, 2004
	AMENDED IN SENATE  MAY 5, 2004
	AMENDED IN SENATE  APRIL 16, 2004
	AMENDED IN SENATE  APRIL 1, 2004

INTRODUCED BY   Senator Bowen

                        FEBRUARY 20, 2004

   An act to amend Sections 39011 and 42311.2 of the Health and
Safety Code, and to amend Sections 4464 and 4475 of the Public
Resources Code, relating to resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1856, Bowen.  Prescribed burning activities.
   Existing law provides varying definitions of "prescribed burning"
for purposes of air pollution control laws and forest protection
laws.
   This bill would revise those definitions to reconcile the
differences and would make related changes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 39011 of the Health and Safety Code is amended
to read:
   39011.  "Agricultural burning" means open outdoor fires used in
any of the following:
   (a) Agricultural operations in the growing of crops or raising of
fowl or animals, or open outdoor fires used in forest management,
range improvement, or the improvement of land for wildlife and game
habitat, or disease or pest prevention.
   (b) The operation or maintenance of a system for the delivery of
water for the purposes specified in subdivision (a).
   (c) Wildland vegetation management burning.
   (1) For purposes of this subdivision, wildland vegetation
management burning is the use of prescribed burning conducted by a
public agency, or through a cooperative agreement or contract
involving a public agency, to burn land predominantly covered with
chaparral, trees, grass, or standing brush.
   (2) For purposes of this subdivision, prescribed burning is the
planned application and confinement of fire to wildland fuels on
lands selected in advance of that application to achieve any of the
following objectives:
   (A) Prevention of high-intensity wildland fires through reduction
of the volume and continuity of wildland fuels.
   (B) Watershed management.
   (C) Range improvement.
   (D) Vegetation management.
   (E) Forest improvement.
   (F) Wildlife habitat improvement.
   (G) Air quality maintenance.
   (3) The planned application of fire may include natural or
accidental ignition.
  SEC. 2.  Section 42311.2 of the Health and Safety Code is amended
to read:
   42311.2.  (a) Notwithstanding Section 42311, a district shall not
adopt or impose fees that exceed actual district administrative costs
for processing or enforcing permits applicable to any of the
following:
   (1) Prescribed burning operations on state responsibility lands
conducted under the terms of a permit issued by the Department of
Forestry and Fire Protection pursuant to Article 3 (commencing with
Section 4491) of Chapter 7 of Part 2 of Division 4 of the Public
Resources Code when the purpose of the operation is prevention of
high-intensity wildland fires through reduction of the volume and
continuity of wildland fuels.
   (2) Burning of vegetation or disposal of slash following timber
operations required under regulations adopted by the State Board of
Forestry and Fire Protection pursuant to Section 4551.5 or 4562 of
the Public Resources Code and for the purpose of reducing the
incidence and spread of fires on timberlands.
   (3) Wildland vegetation management burns.
   (A) For purposes of this subdivision, "wildland vegetation
management burn" means the use of prescribed burning conducted by a
public agency, or through a cooperative agreement or contract
involving a public agency to burn land predominantly covered with
chaparral, trees, grass, or standing brush.
   (B) For purposes of this subdivision, "prescribed burning" is the
planned application and confinement of fire to wildland fuels on
lands selected in advance of that application to achieve any of the
following objectives:
   (i) Prevention of high-intensity wildland fires through reduction
of the volume and continuity of wildland fuels.
   (ii) Watershed management.
   (iii) Range improvement.
   (iv) Vegetation management.
   (v) Forest improvement.
   (vi) Wildlife habitat improvement.
   (vii) Air quality maintenance.
   (C) The planned application of fire may include natural or
accidental ignition.
   (b) Prior to adopting or revising fees for the activities
described in paragraph (1), (2), or (3) of subdivision (a), a
district shall hold a public hearing and shall consider the
following:
   (1) The costs of the fees on private landowners and other persons
who engage in activities specified in paragraph (1), (2), or (3) of
subdivision (a).
   (2) Any revenues currently provided to the county for general
government by public agencies that administer public lands.
  SEC. 3.  Section 4464 of the Public Resources Code is amended to
read:
   4464.  Unless the context clearly requires otherwise, the
following definitions govern the construction of this chapter:
   (a) "Wildland" means any land that is classified as a state
responsibility area pursuant to Article 3 (commencing with Section
4125) of Chapter 1 and includes any land having a plant cover
consisting principally of grasses, forbs, or shrubs that are valuable
for forage.  "Wildland" also means any lands that are contiguous to
lands classified as a state responsibility area if wildland fuel
accumulation is such that a wildland fire occurring on these lands
would pose a threat to the adjacent state responsibility area.
   (b) "Wildland fuel" means any timber, brush, grass, or other
flammable vegetation, living or dead, standing or down.
   (c) "Wildland fire" means any uncontrolled fire burning on
wildland.
   (d) "Prescribed burning" or "prescribed burning operation" means
the planned application and confinement of fire to wildland fuels on
lands selected in advance of that application to achieve any of the
following objectives:
   (1) Prevention of high-intensity wildland fires through reduction
of the volume and continuity of wildland fuels.
   (2) Watershed management.
   (3) Range improvement.
   (4) Vegetation management.
   (5) Forest improvement.
   (6) Wildlife habitat improvement.
   (7) Air quality maintenance.
   (e) "Prescribed burn crew" means personnel and firefighting
equipment of the department that are prepared to contain fire set in
a prescribed burning operation and to suppress any fire that escapes
during a prescribed burning operation.
   (f) "Person" means any natural person, firm, association,
partnership, business trust, corporation, limited liability company,
company, or combination thereof, or any public agency other than an
agency of the federal government.
  SEC. 4.  Section 4475 of the Public Resources Code is amended to
read:
   4475.  The director, with the approval of the Director of General
Services, may enter into a contract for prescribed burning with (1)
the owner or any other person who has legal control of any property
or (2) any public agency with regulatory or natural resource
management authority over any property that is included within any
wildland for any of the following purposes, or any combination
thereof:
   (a) Prevention of high-intensity wildland fires through reduction
of the volume and continuity of wildland fuels.
   (b) Watershed management.
   (c) Range improvement.
   (d) Vegetation management.
   (e) Forest improvement.
   (f) Wildlife habitat improvement.
   (g) Air quality maintenance.
   No contract may be entered into pursuant to this section unless
the director determines that the public benefits estimated to be
derived from the prescribed burning pursuant to the contract will be
equal to or greater than the foreseeable damage that could result
from the prescribed burning.