BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
AB 2465 (Chesbro) - Burning of lands: private burns.
Amended: April 21, 2014 Policy Vote: EQ 7-0
Urgency: No Mandate: No
Hearing Date: August 14, 2014 Consultant:
Marie Liu
SUSPENSE. AS AMENDED.
Bill Summary: AB 2465 would require the Department of Forestry
and Fire Protection (CalFire), in consultation with the Air
Resources Board (ARB) and local air districts, to post on its
website information regarding regulations governing prescribed
burns for forest fuel treatment and to develop a uniform
prescribed burn template.
Fiscal Impact (as approved on August 14, 2014):
One-time costs of $170,000 from the General Fund for
CalFire to develop the information required on the website
and the uniform prescribed burn template.
Minor and absorbable ongoing costs from the General Fund
for CalFire to maintain the website and to update its
content as necessary.
Background: Existing law requires a permit from CalFire to burn
brush within state responsibility areas for the purpose of
preventing high intensity wildland fires, watershed management,
range improvement, vegetation management, forest improvement,
wildlife habitat improvement, and maintenance of air quality
(�4491 et seq.). CalFire is required to provide advisory
services to applicants for permits as to precautions to be taken
by the applicant when conducting a prescribed burn to prevent
damage to the property of others and shall provide standby fire
protection to the extent possible.
The ARB, under Health and Safety Code �41856, is required to
promulgate guidelines for the regulation and control of
agricultural burning, including wildland prescribed burning.
Proposed Law: This bill would require CalFire, in consultation
with the ARB and local air districts, to develop a page on its
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website that provides: (1) information on the relevant
regulations governing prescribed burns for forest fuel
treatment, (2) specific information about permissive and no-burn
days, (3) a uniform prescribed burn template, and (4) contact
information for relevant agencies.
CalFire would also be required to develop the uniform prescribed
burn template that would provide information regarding best
management practices to ensure control of the burn, instruction
on how to minimize impacts to the environment and public health
while maximizing the fire resiliency of the treated forest, and
information on obtaining the appropriate regulatory approval
from CalFire and the local air districts.
Staff Comments: This bill would likely result in one-time costs
to CalFire and the ARB of $170,000 and up to $80,000,
respectively, to establish the information on the website and to
develop the uniform prescribed burn template.
Ongoing costs to maintain the information on the website are
somewhat unclear. Costs to CalFire are likely to be minor and
absorbable as the information pertaining to CalFire's
regulations and policies are not frequently changed. However the
bill requires the website to have "specific information about
permissive burn days and no-burn days." The ongoing costs
associated with this provision depend on how it is implemented.
ARB currently maintains a website called the Prescribed Fire
Information Reporting System (PFIRS,
https://ssl.arb.ca.gov/pfirs/) that is intended to coordinate
information between local air districts, local fire authorities,
and the ARB. PFIRS provides large scale information regarding
the burn restrictions in the state's air basins, including the
24-hour decision and the 48-, 72-, and 96-hour predictions. This
information is not intended to replace direct communication
between the landowner and the local air district on whether a
burn can commence that day. If this level of information is
determined to be sufficient to satisfy the bill's website
content requirement regarding burn days, staff estimates that
ARB's ongoing costs would be minor and absorbable. But if the
author's intent is to minimize the need for the landowner to
communicate directly with the local air district to determine
whether a burn should commence, much more detailed information
on the daily air quality conditions would need to be included on
the website. Such information changes daily and is not currently
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centralized. If this detailed level of information is needed to
satisfy the bill's requirement, ARB would likely have on-going
costs in the high tens of thousands of dollars. Staff recommends
that the requirement that the website have specific information
on burn days be clarified to remove these cost uncertainties.
This bill contains codified findings and declarations. In the
interest of code clarity and efficiency, staff recommends this
bill be amended to place the findings and declarations in an
uncodified section of the bill.
Author Amendments:
Uncodifies and modifies intent language
Deletes the deadline for the development of the website.
Requires the website to have information on how to obtain the
appropriate regulatory permits for prescribed burns for forest
treatment.
Requires the website to have a link to ARB's PFIRS website
instead of the requirement that the website have specific
information about permissive burn days.
Allows the website to have the contact information of
organizations and individuals that are qualified or certified
to assist landowners in conducting prescribed burns, if deemed
appropriate by CalFire.
Specifies that the template provide standardized procedures
associated with the planning and implementation of a
prescribed burn.
Allows CalFire to contract with the University of California
to perform any of these requirements.