Prevention and Control of Forest FiresGeneral Provisions
Section § 4111
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.
Section § 4112
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.
Section § 4113
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.
Section § 4114
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.
Section § 4114.1
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.
Section § 4114.3
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.
Section § 4114.4
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.
Section § 4114.5
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.
Section § 4115
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.
Section § 4116
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.
Section § 4117
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.
Section § 4118
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.
Section § 4119
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.
Section § 4120
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.
Section § 4123
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.
Section § 4123.5
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.
Section § 4123.7
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.
Section § 4123.8
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.