Prescribed burning liability: New potential policy to support prescribed fire in California

SB332 is a new bill introduced by Senator Dodd that would tie a gross negligence standard to CA’s state-certified burn boss program.

To learn more about this bill review the factsheet here >.

If you’d like to support this effort, you (or your organization) can mail a letter of support to Les Spahnn, Senator Dodd’s Leg Director: Leslie.Spahnn[at]sen.ca.gov.

Here is some sample language for a letter of support:

[ORGANIZATION’S LETTERHEAD]

[DATE]

Senator Bill Dodd

State Capitol, Room 2082

Sacramento, CA 95814

RE: SB 322 (Dodd) – SUPPORT

Dear Senator Dodd:

[ORGANIZATION] is pleased to submit this letter in support of your SB 332. By reforming the

liability standard for certified burn bosses, this legislation will remove a major disincentive that

currently prevents highly trained prescribed fire practitioners from applying ‘good fire’ to the

landscape. The additional liability protection provided to certified burn bosses under SB 332 will

enable burn bosses to expand the application of controlled burns throughout the state, improving

California’s wildfire resilience and aiding in averting catastrophic fire seasons like those experienced

by the state in 2018 and 2020.

Under current law, prescribed fire practitioners are subject to a ‘simple negligence’ standard for

escaped fires—that is, they may be found liable for property damage or personal injury if they fail to

exercise the care of a ‘reasonably prudent person.’ While less than 1% of prescribed fires escape

their intended burn area and property damage and personal injuries are exceedingly rare, concerns

over potential liability nevertheless severely disincentivize the application of prescribed fire. As a

result, practitioners engage in fewer burns and/or smaller, less-complicated burns, providing less

wildfire resilience than would a robust prescribed fire regime. Additionally, the simple negligence

liability standard impacts the availability of liability insurance for practitioners.

SB 332 would apply a ‘gross negligence’ liability standard to certified burn bosses, holding them

liable only for damages resulting from reckless or willful misconduct. There is little reason to believe

that this change in law would significantly increase damages from prescribed fire, particularly

because the gross negligence standard would only apply to highly qualified, well trained prescribed

fire professionals certified as burn bosses under a curriculum developed by the State Fire Marshall.

But the benefits of the gross negligence standard would be significant, improving access to liability

insurance, increasing the state’s wildfire resilience through preventative application of ‘good fire,’

and expanding the suite of ecological benefits that prescribed fires provide.

Experts believe that California should burn upwards of 1 million acres per year via prescribed fire to

avert another catastrophic wildfire season, but current levels are only about 125,000 acres per year.

Because it will promote the application of prescribed fire by reforming the liability standard for the

state’s most qualified prescribed fire practitioners, your SB 332 will make measurable improvements

in the state’s wildfire resiliency. Consequently, [ORGANIZATION] is happy to support SB 332,

and we thank you for your leadership on this important issue.

Sincerely,

[SIGNATURE]

[PRINT NAME, TITLE & ORGANIZATIONAL AFFILIATION]