California Public Resources Code § 4500

(a) For purposes of this section, the following terms have the following meanings: (1) “Burn boss” means either of the following: (A) A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations. (B) A person qualified for the National Wildfire Coordinating Group position title of “Prescribed Fire Burn Boss Type 1” or “Prescribed Fire Burn Boss Type 2.” (2) “Cultural burn” has the same meaning as set forth in Section 3333.8 of the Civil Code. (3) “Cultural fire practitioner” has the same meaning as set forth in Section 3333.8 of the Civil Code. (4) “Fund” means the Prescribed Fire Claims Fund established pursuant to subdivision (c). (5) “Program” means the Prescribed Fire Liability Pilot Program established pursuant to subdivision (b). (b) The Prescribed Fire Liability Pilot Program is hereby established, to be administered by the department, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning. (c) (1) (A) The Prescribed Fire Claims Fund is hereby created in the State Treasury to support coverage for losses from prescribed fires and cultural burning by nonpublic entities, such as cultural fire practitioners, private landowners, and nongovernmental entities. The moneys in the fund shall be under the control of the department, and the department, or the third-party administrator with whom the department contracts pursuant to subdivision (d), is authorized to direct payments for claims from the fund, consistent with this section and the guidelines adopted by the department pursuant to subdivision (e). (B) Upon order of the Department of Finance, the amount in Item 3540-102-0001 of the Budget Act of 2021 (Chapter 240 of the Statutes of 2021) shall be transferred into the fund. (C) Notwithstanding Section 13340 of the Government Code or any other law, all moneys deposited or transferred into the fund, including pursuant to subparagraph (B), shall be continuously appropriated, without regard to fiscal years, to the department for purposes of this section. (2) (A) Except as provided in subparagraph (B), notwithstanding any other law, the Controller may use moneys in the fund for cash flow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. Interest shall be paid on all moneys loaned to the General Fund and shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund. (B) This paragraph does not authorize any transfer that would interfere with the department’s ability to carry out the purposes of this section. (d) (1) The department may contract with any entity, including another state agency, to serve as a third-party administrator to administer or to assist in administering the fund, including, but not limited to, managing and operating the fund, adjusting claims made to the fund, and paying claims from the fund. Subject to prior written approval by the Insurance Commissioner pursuant to Section 1063.19 of the Insurance Code, the California Insurance Guarantee Association may serve as a third-party administrator of the fund. Participation by the California Insurance Guarantee Association shall be governed by the Insurance Commissioner’s authority over its Plan of Operation, pursuant to Article 14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of Division 1 of the Insurance Code. (2) A third-party administrator with whom the department contracts pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited from settling or adjusting any claims to the fund while seeking to subrogate against the fund. (3) (A) Notwithstanding any other law, advertising, competitive bidding, and protest requirements, and the requirement for Department of General Services approval, do n

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