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BUNKHOUSE

BUNKHOUSE

CCA-SPONSORED BILLS SIGNED INTO LAW

by CCA Vice President of Government Affairs Kirk Wilbur

In early October, Governor Gavin Newsom signed his name on two CCA-sponsored bills, capping off an extremely successful Legislative year for the Association. On October 6, Newsom signed Senate Bill 332 (Dodd), legislation which incentivizes the application of prescribed fire by minimizing prescribed fire practitioners’ exposure to liability. The following day, Newsom signed Assembly Bill 1103 (Dahle), which establishes a statewide framework for county “Livestock Pass” programs which safely provide livestock producers access to their ranches during wildfires and other emergencies.

Both SB 332 and AB 1103 passed out of the State Assembly and Senate without recording a single “no” vote prior to receiving the Governor’s endorsement.

The passage of these two bills closes the door on an incredibly successful Legislative year for CCA. In addition to having two sponsored bills signed into law, every bill that CCA opposed in 2021 failed to become law – with most failing to even garner a hearing in legislative policy committees. Meanwhile, virtually every bill CCA supported this year was either signed into law by Governor Newsom or is a two-year bill which will be taken up in 2022, the second year of California’s two-year Legislative Session.

AB 1103

Governor Newsom signed CCA-sponsored Assembly Bill 1103 on October 7, part of a package of bills showcasing the Governor’s support for “communities across rural California” (for more information on the Governor’s rural communities package, see the October edition of Hot Irons).

AB 1103 facilitates county adoption of “Livestock Pass” programs which grant ranchers and their managers ranch access during wildfires and other emergencies to safely care for and evacuate livestock. AB 1103 also empowers ranchers to provide local knowledge and expertise, such as the locations of access roads and water sources, to emergency responders who are often assigned to a fire from elsewhere in the state or even from outside the state, and thus unfamiliar with the local terrain.

While some counties – including Ventura, Santa Barbara, Butte and others – have already developed emergency ranch access programs, other counties lack the resources to develop and implement Livestock Pass programs. AB 1103 requires CAL FIRE to establish a statewide training program for Livestock Pass holders, codifies a requirement that law enforcement and emergency responders grant ranch access to Livestock Pass holders and establishes certain minimum standards for administration of the programs, facilitating and streamlining adoption of county Livestock Pass programs throughout the state.

Butte County’s Commercial Livestock Disaster Pass program has proven immensely valuable during this year’s Dixie Fire; CCA looks forward to AB 1103 facilitating the expansion of these vital programs throughout other counties within the state.

Ranchers interested in developing a Livestock Pass program in their county and learning more about AB 1103 are encouraged to participate in an Ag Pass Informational Workshop to be held in conjunction with CCA’s 105th Annual Convention at the Peppermill in Reno, Nev. from Dec. 1-3. The workshop will be held Wednesday, Dec. 1 from 2:00-3:00pm, featuring experts who have developed Ag Pass and Livestock Pass programs in Santa Barbara County, Butte County and elsewhere.

CCA thanks Assemblymember Megan Dahle (R-Bieber) for authoring this vital legislation and applauds Governor Newsom for signing the bill into law. Additionally, CCA staff commends the CCA Officer Team, CCA Fire Subcommittee and UC Cooperative Extension agents such as Matthew Shapero, Tracy Schohr and Dan Macon for their expertise and guidance as the Association navigated AB 1103 through the legislative process.

SB 332

CCA-sponsored Senate Bill 332 reduces prescribed burners’ potential liability when a planned burn escapes control. Under existing law, when CAL FIRE responds to a

prescribed fire that escapes containment lines, the agency can seek ‘cost recovery’ from the prescribed burner for the agency’s fire-suppression costs. SB 332 will immunize prescribed fire practitioners from this cost recovery unless the practitioner acts in a grossly negligent manner.

According to prescribed fire experts, this immunity from cost recovery will remove a significant disincentive to burners’ use of prescribed fire – thereby incentivizing greater application of “good fire” to the landscape.

The version of SB 332 signed into law last month is a slight departure from the bill as it was introduced in early February. At that time, CCA had sought to immunize prescribed burners from lawsuits from private parties who suffer personal or property damage from an escaped prescribed fire. When that concept met heavy resistance from trial attorneys and insurers, CCA and Senator Dodd’s office pivoted to a bill that immunized burners from liability to the state, specifically CAL FIRE – the version of the bill ultimately signed into law.

Fortunately, though, another bill signed into law this year will help to incentivize good fire by shielding prescribed burners from direct financial liability for damages to private property and persons. SB 170, the “budget bill junior” signed into law by Governor Newsom on September 23, included a $20 million Prescribed Fire Liability Pilot Program that was strongly supported by CCA. Through the pilot program, individuals whose property or person is harmed by escaped fires will be able to recoup losses from the claims fund, and thus those damages will not have to be paid out by the prescribed fire practitioner. Consequently, prescribed burners will now be shielded from liability to private individuals and CAL FIRE, removing the most significant disincentives preventing private burn bosses from applying prescribed burns.

CCA applauds Governor Newsom for signing SB 332 and extends our sincere gratitude to Sen. Bill Dodd (D-Napa) for authoring the bill. As with AB 1103, the legislative effort could not have succeeded without the input of CCA’s Fire Subcommittee, particularly prescribed fire experts such as Lenya Quinn-Davidson of the Northern California Prescribed Fire Council.

Looking Ahead to 2022

While both AB 1103 and SB 332 were signed into law early last month, the bills officially become law on January 1, 2022.

In the meantime, CCA staff and officers are preparing for the second year of California’s two-year legislative calendar, which begins after the Legislature gavels back into session on January 3, 2022.

One CCA priority will be Assembly Bill 434, authored by Assemblymember Robert Rivas, Chair of the Assembly Agriculture Committee. AB 434 seeks to encourage additional livestock grazing on state-owned lands where grazing is consistent with the ecological purposes of those lands.

Given the catastrophic wildfires of the past two years, many of which have quickly engulfed unmanaged state lands, there has been renewed focus throughout the state – including in Sacramento – on the use of well-managed livestock grazing as a method of removing fire fuels. Ample research, including recent investigations by UC Cooperative Extension agents, demonstrates that grazing can reduce the incidence, severity and spread of wildfire, promoting wildfire resilience in the state.

CCA has also pushed the numerous other co-benefits of grazing. For instance, grazed rangelands sequester carbon – promoting the state’s ambitious “30x30” climate goals – and provide habitat for at least 85 threatened and endangered species within the state.

Considering these benefits of well-managed grazing, AB 434 seeks to promote livestock grazing on state-owned lands previously closed to the practice. The bill also seeks to incentivize good grazing management by encouraging state agencies to provide longer-term leases and by shifting lease awards away from the current scoring method, which heavily favors only the highest bidders.

Introduced in early 2021, AB 434 was designated a “two-year bill” and will be taken up by the Legislature in January of 2022. But CCA continues to message the benefits of well-managed grazing on state-owned lands. In mid-September, for instance, CCA wrote to Governor Newsom encouraging him to open state lands to emergency livestock grazing to help California’s ranchers weather the severe drought. The letter – which emphasizes the fire-fuels reduction and habitat benefits of grazing – mirrors a request that Newsom and other western governors made of President Joe Biden in August, asking that the federal government provide additional opportunities for livestock grazing on federal lands to alleviate drought impacts on ranchers.

For further insights into SB 332 and AB 1103 – including insights into the political maneuvering that resulted in the bills being signed into law – listen to the October 18 edition of CCA’s Sorting Pen podcast, available at https://calcattlemen.org/podcast/ or wherever you listen to podcasts.

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Bull 19571026

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Bull *19592924

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CED BEPD WEPD YEPD RADG DMI SC HP CEM MILK DOC +12 10% +.4 30% +82 4% +146 4% +.29 15% +1.69 90% +1.30 20% +12.0 50% +9 45% +30 20% +26 15% CLAW ANGLE PAP CW MARB RE FAT $M $W $B $C +.49 45% +.37 10% +.14 25% +87 1% +.81 25% +.98 10% -.002 35% +72 25% +91 2% +201 1% +333 1%

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Bull *19249247

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