Section § 4111

Explanation

This law gives the board the authority to create and enforce rules necessary to manage and operate the fire protection system aimed at preventing and fighting forest fires.

The board shall make and enforce such regulations as are necessary and proper for the organization, maintenance, government, and direction of the fire protective system for the prevention and suppression of forest fires which is provided for in this article.

Section § 4112

Explanation

This law mandates that the state must be divided into manageable administrative districts, each overseen by a supervising forest officer appointed by the department responsible for forest management.

The department shall divide the state into a suitable and convenient number of administrative districts and shall appoint a supervising forest officer for each district.

Section § 4113

Explanation

The main job of supervising forest officers is to manage the firefighting systems and personnel in their districts. They work under the guidance of the director to prevent and put out forest fires, and they also do any other tasks the director assigns them.

The supervising forest officers shall, under the direction of the director, have charge of the firefighting system and men in such districts, and are charged with the duty of preventing and extinguishing forest fires and with the performance of such other duties as may be required by the director.

Section § 4114

Explanation

This law section outlines the responsibilities of the department in terms of fire prevention and control. They must provide firefighting equipment, organize fire crews, set up observation stations, and hire staff to carry out these tasks. Additionally, the department is tasked with constructing communication lines to aid in fire prevention and extinguishing efforts. They may also offer rescue and emergency services when available, as long as it doesn't require extra funding, and these medical services must follow specific health regulations.

(a)CA Public Resources Code § 4114(a) The department, in accordance with a plan approved by the board, shall do all of the following:
(1)CA Public Resources Code § 4114(a)(1) Provide fire prevention and firefighting implements and apparatus.
(2)CA Public Resources Code § 4114(a)(2) Organize fire crews and patrols.
(3)CA Public Resources Code § 4114(a)(3) Establish observation stations and other necessary structures.
(4)CA Public Resources Code § 4114(a)(4) Employ people to effect the plan.
(5)CA Public Resources Code § 4114(a)(5) Construct and maintain telephone lines and provide other means of communication as necessary to prevent and extinguish forest fires.
(b)CA Public Resources Code § 4114(b) The department may provide, when available and to the extent that it does not require additional funds, rescue, first aid, and other emergency services to the public in state responsibility areas. Any emergency medical services shall be in accordance with Division 2.5 (commencing with Section 1797) of the Health and Safety Code and any rules and regulations adopted pursuant to that division.

Section § 4114.1

Explanation

This law states that if funds are available, the department must hire more permanent firefighters to boost staffing levels. Additionally, the department must keep the option to hire seasonal or temporary firefighters quickly when there are emergency fire conditions or other personnel gaps.

(a)CA Public Resources Code § 4114.1(a) Subject to an appropriation of funds for this purpose, the department shall begin to employ sufficient permanent firefighting personnel to increase the base period staffing levels.
(b)CA Public Resources Code § 4114.1(b) The department shall maintain the ability to hire seasonal, temporary firefighters as needed to allow for surge hiring capacity for confronting emergency fire conditions or other personnel shortages as determined by the director.

Section § 4114.3

Explanation

The law requires the department to collaborate with various organizations like universities, fire safe councils, and Native American tribes to improve public education on managing fire-related issues. This includes teaching about fire restoration, cultural burning, and safety practices.

Public education activities could involve creating community wildfire protection plans, organizing community chipping days, and promoting defensible space and prescribed fires. The department must respect tribal sovereignty and culture when working with Native American tribes.

Additionally, the department should support programs that help develop the skills needed for a workforce capable of performing these fire management activities.

(a)Copy CA Public Resources Code § 4114.3(a)
(1)Copy CA Public Resources Code § 4114.3(a)(1) The department shall actively engage University of California Cooperative Extension, relevant California State Universities, fire safe councils, California Native American tribes, tribal organizations, cultural fire practitioners, resource conservation districts, and any other entity with demonstrated expertise to enhance its public education efforts regarding any of the following:
(A)CA Public Resources Code § 4114.3(a)(1)(A) Restoring fire processes and functions.
(B)CA Public Resources Code § 4114.3(a)(1)(B) Cultural burning.
(C)CA Public Resources Code § 4114.3(a)(1)(C) Fire prevention.
(D)CA Public Resources Code § 4114.3(a)(1)(D) Public safety.
(2)CA Public Resources Code § 4114.3(a)(2) These public education efforts shall include, but are not limited to, educational activities regarding community wildfire protection plans, community fire safe councils, community and private chipping days, defensible space, prescribed fires, cultural burning, hardened residences, compliance with building standards, evacuation routes, activities that promote fire resiliency or achieve carbon-sequestration benefits in the wildland-urban interface and other forest lands, and activities that promote public safety. When engaging with Native American tribes, tribal organizations, and cultural fire practitioners, the department shall respect tribal sovereignty, customs, and culture.
(b)CA Public Resources Code § 4114.3(b) The department shall also support, to the extent feasible, the programs of California Native American tribes, tribal organizations, and cultural fire practitioners that develop the knowledge and skills needed to establish and maintain the diverse workforce that is required to achieve activities described in this section.

Section § 4114.4

Explanation

This law requires the California Department of Forestry and Fire Protection (CAL FIRE) to work with various partners to identify and map out areas that can help in strategic wildfire response or proactive fire management by January 1, 2026. This includes integrating existing plans and tools, and actively involving tribal entities and considering their cultural resources in the planning process.

Furthermore, by July 1, 2025, CAL FIRE must create and annually update maps that show the impact of wildfires on different lands, with public accessibility on their website. These maps should utilize existing data sources and may involve collaboration with other organizations like the US Forest Service.

The department is also tasked with yearly analysis of recent fires to find new ways to use controlled burns to manage hazardous conditions safely.

(a)Copy CA Public Resources Code § 4114.4(a)
(1)Copy CA Public Resources Code § 4114.4(a)(1) On or before January 1, 2026, the department, in coordination with the United States Forest Service and other relevant state, federal, tribal, local, and private cooperators, shall identify and map a comprehensive network of potential operational delineations that can be used for strategic wildfire response or the proactive use of prescribed fire. This effort shall use existing tools, including, but not limited to, open-source tools, and build on existing plans, including, but not limited to, community wildfire protection plans, CAL-FIRE unit fire plans, and potential operational delineations for wildfires of the United States Forest Service.
(2)CA Public Resources Code § 4114.4(a)(2) The map described in paragraph (1) shall comply with both of the following:
(A)CA Public Resources Code § 4114.4(a)(2)(A) Be included in outreach efforts for state programs related to fire planning and community engagement efforts, such as, but not limited to, the Regional Forest and Fire Capacity Program (Article 11 (commencing with Section 4208)).
(B)CA Public Resources Code § 4114.4(a)(2)(B) Be assessed for potential impacts on tribal cultural resources and sensitive species in areas where there will be significant ground disturbance. The department, through local units of the department, shall engage with and consult tribal entities in the region for input on the potential network of delineations described in paragraph (1). Tribal leadership in this process shall be supported and engaged with to the extent feasible. If an appropriation by the Legislature has been made for these purposes, state resources may be used to support tribal engagement in developing, reviewing, and assessing proposed locations. This subparagraph does not alter any duty by the department to consult with tribal governments during a wildfire event.
(b)Copy CA Public Resources Code § 4114.4(b)
(1)Copy CA Public Resources Code § 4114.4(b)(1) In order to provide a nuanced understanding of postfire conditions, on or before July 1, 2025, and updated annually thereafter, the Fire and Resource Assessment Program in the department shall develop maps of the severity of impacts from wildfires that includes fires of significant size across all land ownerships. To the extent feasible, in developing the maps described in this paragraph, the department shall collaborate with the United States Forest Service, the United States Geological Survey, and other relevant parties, and shall, where appropriate, use data from existing sources, including from the Burn Severity Portal maintained by the United States Geological Survey. For purposes of complying with this paragraph, the department may contract with a third party.
(2)CA Public Resources Code § 4114.4(b)(2) The department shall make the maps described in paragraph (1) available to the public on its internet website.
(c)CA Public Resources Code § 4114.4(c) The department shall annually review the effects of recent fires in the context of community safety and ecological restoration goals to identify priority opportunities for prescribed fire that can further manage hazardous fuel conditions.

Section § 4114.5

Explanation

This law outlines the benefits for pilots contracted to fly firefighting aircraft for the department, should they die while performing their duties. If such a pilot passes away, their eligible survivors are entitled to a one-time death benefit that combines a federal benefit amount (if not already received) and an amount equal to what a mid-career firefighter would receive. The payment priority is to a surviving spouse, then shared between spouse and children, then children, and lastly parents, if applicable. If no eligible survivors exist, no benefit is paid, and pilots cannot designate alternative beneficiaries.

Eligible survivors include the pilot's spouse, children, or parents. An 'eligible child' is defined by age, marital status, and educational status, among other things. The law applies regardless of whether the pilot is contracted directly or via a third party, and it doesn’t alter existing workers’ compensation or other legal remedies. However, it excludes pilots who die in aircraft not owned or loaned by the department.

(a)CA Public Resources Code § 4114.5(a) A contract with a nonpublic entity entered into by the department that includes a provision for the services of pilots to fly firefighting aircraft owned by, or on loan to, the department for the purpose of fighting fire shall expressly provide that, if the pilot dies while performing the duties specified in the contract, eligible survivors, if any, of the pilot shall be paid a one-time death benefit by the department equal to the sum of the following:
(1)CA Public Resources Code § 4114.5(a)(1) The amount of the one-time benefit that the eligible survivors of the pilot would receive if the pilot were subject to the federal Public Safety Officers’ Death Benefits Act (42 U.S.C. Sec. 3796 et seq.). This paragraph shall not be applicable if, at the time of the pilot’s death, the eligible survivors of the pilot are entitled to benefits under that act.
(2)CA Public Resources Code § 4114.5(a)(2) An amount, as determined by the department, that would be commensurate with the death benefit payable to a mid-career firefighter employed by the department who died in the line of duty.
(b)CA Public Resources Code § 4114.5(b) The benefits payable pursuant to any contract subject to this section shall be paid to eligible survivors in a lump sum as follows:
(1)CA Public Resources Code § 4114.5(b)(1) If there is no eligible child, to the surviving spouse.
(2)CA Public Resources Code § 4114.5(b)(2) If there is an eligible child or children and a surviving spouse, one-half to the child or to the children in equal shares and one-half to the surviving spouse.
(3)CA Public Resources Code § 4114.5(b)(3) If there is no surviving spouse and there is an eligible child or children, to the eligible child or in equal shares to the eligible children.
(4)CA Public Resources Code § 4114.5(b)(4) If there is no surviving spouse nor any eligible child or children, to the surviving parent or in equal shares to the surviving parents.
(c)CA Public Resources Code § 4114.5(c) If there are no eligible survivors, no benefit shall be payable and a pilot may not otherwise designate a beneficiary to receive the benefits under the contract.
(d)Copy CA Public Resources Code § 4114.5(d)
(1)Copy CA Public Resources Code § 4114.5(d)(1) As used in this section, an “eligible survivor” means the surviving spouse, eligible children, or surviving parents of the deceased pilot.
(2)CA Public Resources Code § 4114.5(d)(2) “Surviving spouse” means a spouse who was married to the pilot at the time of the pilot’s death.
(3)CA Public Resources Code § 4114.5(d)(3) “Eligible child” means an unmarried, natural child of the deceased pilot who (A) was born before or after the death of the pilot or is an adopted child or stepchild of the pilot, and (B) is 18 years of age or younger at the time of the pilot’s death, or over the age of 18 years and incapable of self-support due to a physical or mental disability, or between 18 and 22 years of age and pursuing a full-time course of study or training, if the child has not already completed four years of education beyond high school.
(e)CA Public Resources Code § 4114.5(e) This section shall be applicable irrespective of whether the department contracts directly with the pilot or contracts with a third party that employs or contracts with pilots.
(f)CA Public Resources Code § 4114.5(f) Nothing in this section relieves the pilot’s employer from the obligation to secure coverage for workers’ compensation; eliminates or reduces any workers’ compensation benefits otherwise available; or affects, alters, or eliminates any other remedy otherwise available at law.
(g)CA Public Resources Code § 4114.5(g) This section does not apply to a pilot who dies while performing duties in a firefighting aircraft that is owned by the pilot or another entity other than the department pursuant to a contract or agreement with the department, except for a firefighting aircraft on loan to the department pursuant to subdivision (a).

Section § 4115

Explanation

This law allows the department responsible for forest fire prevention to make agreements with property owners to use their land or facilities for communications and powerlines if there are no state options available. These agreements can include terms to protect property owners from liability for the department’s use of their property. Additionally, the department can purchase insurance to cover any losses related to these agreements.

In providing communications, telecommunications, and necessary powerlines in connection with the prevention and extinguishment of forest fires, the department, with the approval of the Department of General Services, may enter into contracts with the owners of real property for the use of their lands or facilities in locations where no other state tenant exists or to install portable or single use remote telecommunications facilities. Provision may be made for indemnification and holding harmless of the owners of those facilities which are so used by reason of that use. Insurance may be purchased by the Department of General Services, upon request of the department, to protect the state against loss or expense arising out of a contract entered into pursuant to this section.

Section § 4116

Explanation

If you want to claim damages from the state as described in Sections 4114 or 4115, you must submit your claim to the Department of General Services following specific government procedures. If the claim isn’t covered by insurance, it will be paid only if the Legislature has set aside funds for such claims. Additionally, if the state has bought liability insurance, the Department might automatically reject your claim.

Any claim for damages arising against the state under Section 4114 or 4115 shall be presented to the Department of General Services in accordance with Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code and, if not covered by insurance, shall be payable only out of funds appropriated by the Legislature for that purpose. If the state has elected to acquire liability insurance, the Department of General Services may automatically deny this claim.

Section § 4117

Explanation

This law allows local governments, like counties, cities, or districts, to create their own fire prevention rules. These rules can be stricter than state laws if needed to address local weather, plant life, or other fire risks.

Any county, city, or district may adopt ordinances, rules, or regulations to provide fire prevention restrictions or regulations that are necessary to meet local conditions of weather, vegetation, or other fire hazards. Such ordinances, rules, or regulations may be more restrictive than state statutes in order to meet local fire hazard conditions.

Section § 4118

Explanation

This law states that burning vegetation, whether it's alive, dead, or on the ground, is considered a public service if it's done to help prevent or control forest fires, and this decision is made by the relevant department.

The burning of growing, dead, or downed vegetation is for a public purpose if the department has determined that the burning of such vegetation is necessary for the prevention or suppression of forest fires.

Section § 4119

Explanation

This law allows the department responsible for enforcing state forest and fire laws to inspect properties to ensure they are following these laws. However, they cannot inspect inside people's homes.

The department, or its duly authorized agent, shall enforce the state forest and fire laws. The department may inspect all properties, except the interior of dwellings, subject to the state forest and fire laws, for the purpose of ascertaining compliance with such laws.

Section § 4120

Explanation

This law states that since January 1, 1980, certain state departments or officials in California cannot create new building standards unless they follow specific procedures outlined in the Health and Safety Code. If a building standard is created without following these rules, it has no legal power. Building standards made before 1980 that didn't follow these requirements can only remain valid until January 1, 1985, or until they are updated or replaced according to the State Building Standards Code.

Notwithstanding any other provision of this code or of law and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, on and after January 1, 1980, the director, the department, or the State Forester shall not adopt nor publish a building standard as defined in Section 18909 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted before January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner.

Section § 4123

Explanation

This section requires that when choosing a project to reduce the risk of fires by removing excess vegetation (fuel reduction), the department must work with the State Water Resources Control Board and the Department of Fish and Wildlife. The goal is to make sure the project is designed in a way that safeguards water resources and wildlife habitats, while also considering how fires behave and ensuring public safety.

When selecting a fuel reduction project, the department shall collaborate with the State Water Resources Control Board and the Department of Fish and Wildlife to ensure the design of the fuel reduction project protects water resources and wildlife habitat while addressing fire behavior and public safety.

Section § 4123.5

Explanation

This law mandates the creation of a Wildfire Resilience Program to help nonindustrial timberland owners prepare for wildfires. The program offers technical support on topics like reducing fuels, creating fuelbreaks, and improving forest health. Guidance is provided on navigating necessary permits, enhancing habitats, and maintaining watershed and carbon values.

The Department of Forestry and Fire Protection will prioritize areas with high fire risk and may do outreach to landowners in these zones. Help is given through forestry specialists and other knowledgeable staff.

Additionally, the department will provide a list of necessary permits, best practices for wildfire resilience, information on grant opportunities, and details of grants awarded. Assistance will also cover how to maintain benefits from fuel reduction projects.

(a)CA Public Resources Code § 4123.5(a) The department shall create the Wildfire Resilience Program. The purpose of the program is to assist nonindustrial timberland owners with wildfire resilience efforts by providing technical assistance on multiple topics, including, but not necessarily limited to, helping navigate the permitting process, fuels reduction, fuelbreaks, forest health, and reforestation, for purposes of reducing wildlife risks while maintaining or enhancing habitat, watershed values, and carbon sequestration. This technical assistance shall be provided by department staff and in collaboration with other entities, including, but not necessarily limited to, resource conservation districts and the University of California Cooperative Extension.
(b)CA Public Resources Code § 4123.5(b) The department may use any mechanisms or tools to determine priority areas, including high or very high fire threat zones as described by the Department of Forestry and Fire Protection’s Fire Hazard Severity Zone map, in a Public Utilities Commission-designated Tier 2 or Tier 3 High Fire Threat District, or in the state responsibility areas where wildfire resilience activities are necessary and serve an important purpose. Where appropriate, the department and its collaborators may conduct outreach efforts to nonindustrial timberland owners in priority areas to provide information and technical assistance.
(c)CA Public Resources Code § 4123.5(c) To provide the technical assistance referenced in subdivision (a), the department may use its forestry assistant specialists or any other personnel classification with the knowledge to inform nonindustrial timberland owners of the options to make their timberland more resilient to wildfire and to take advantage of the other provisions of subdivision (a), with specific outreach on these topics to those nonindustrial timberland owners.
(d)CA Public Resources Code § 4123.5(d) The department shall assist nonindustrial timberland owners by making all of the following information available:
(1)CA Public Resources Code § 4123.5(d)(1) A list of permits needed from state entities to conduct various types of fuel removal projects.
(2)CA Public Resources Code § 4123.5(d)(2) Concise information detailing research and current best practices for wildfire resilience.
(3)CA Public Resources Code § 4123.5(d)(3) A list of the grant opportunities statewide which allow for wildfire resilience activities.
(4)CA Public Resources Code § 4123.5(d)(4) The details of grants made by the department relating to wildfire resilience activities.
(e)CA Public Resources Code § 4123.5(e) The department shall provide technical assistance to nonindustrial timberland owners on how to maintain the benefits of fuel reduction projects.

Section § 4123.7

Explanation

This legal section requires the Natural Resources Agency to assess how prepared each county with a very high fire hazard is to handle forest health and safety issues. By July 1, 2021, they must work with the State Fire Marshal and the Forest Management Task Force to do this. The review should identify local groups involved in fire prevention, check for gaps in local fire prevention capabilities, and suggest ways to enhance cooperation and build regional capacity, possibly by creating new organizations. This assessment must be published online for public access.

(a)CA Public Resources Code § 4123.7(a) On or before July 1, 2021, the Natural Resources Agency, in consultation with the State Fire Marshal and the Forest Management Task Force, shall review the regional capacity of each county that contains a very high fire hazard severity zone, as identified by the director pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201), to improve forest health, fire resilience, and safety. The review shall include, but not be limited to, all of the following:
(1)CA Public Resources Code § 4123.7(a)(1) Identification of local or regional entities engaged in fire prevention work, such as resource conservation districts, fire safe councils, state conservancies, and other local agencies.
(2)CA Public Resources Code § 4123.7(a)(2) A review of fire prevention organizational or capacity deficits within each county subject to the review.
(3)CA Public Resources Code § 4123.7(a)(3) Recommendations to improve regional capacity and collaboration within the counties subject to review, including, but not limited to, the development of new organizations or regional districts.
(b)CA Public Resources Code § 4123.7(b) The Natural Resources Agency shall make the review required pursuant to subdivision (a) publicly available on its internet website.

Section § 4123.8

Explanation

This law requires that by January 1, 2026, a report be submitted to the California Legislature detailing the use of funds from a specific Senate Bill, focusing on wildfire and forest resilience projects. This report must include details on project outcomes such as public safety, fire prevention, and climate resiliency benefits. It also must describe greenhouse gas impacts using a forest health methodology and offer recommendations for improving state grant programs related to forest health and local assistance.

The department must provide annual updates to legislative committees on project outcomes. The section will be repealed on January 1, 2030.

(a)CA Public Resources Code § 4123.8(a) On or before January 1, 2026, the department, in consultation with the State Air Resources Board and the Wildfire and Forest Resilience Task Force, shall report to the relevant fiscal and policy committees of the Legislature on funds spent pursuant to Section 45 of Senate Bill 901 (Chapter 626, Statutes of 2018). The report shall include, but not be limited to, all of the following information:
(1)CA Public Resources Code § 4123.8(a)(1) The outcomes of the projects implemented, including, but not limited to, a description of the benefits for public safety, fire prevention, habitat, climate resiliency, and protection of important natural resources, including water quality and water supply.
(2)CA Public Resources Code § 4123.8(a)(2) A description of the projected greenhouse gas emission and carbon sequestration impacts for the year of implementation of a project and for administering programs based on the State Air Resources Board’s forest health quantification methodology.
(3)CA Public Resources Code § 4123.8(a)(3) Recommendations for modifying the forest health grant program, established pursuant to Section 4799.05, and the local assistance grant program, established pursuant to Section 4124.5, to improve outcomes, benefits, durability of benefits, and statewide benefits.
(4)CA Public Resources Code § 4123.8(a)(4) An assessment of the potential benefits, including unmet need, for continuing the commitment made pursuant to Section 45 of Senate Bill 901 (Chapter 626, Statutes of 2018).
(b)CA Public Resources Code § 4123.8(b) The department shall appear yearly before the appropriate legislative committees, including the Assembly Committee on Natural Resources, the Senate Committee on Natural Resources and Water, and appropriate budget subcommittees to provide information on the outcomes of projects completed under Section 45 of Senate Bill 901 (Chapter 626 of the Statutes of 2018).
(c)CA Public Resources Code § 4123.8(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2030.