| SENATE AMENDED |
| PRIOR PRINTER'S NO. 282 | PRINTER'S NO. 1776 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HALUSKA, BARRAR, BENNINGHOFF, BEYER, CARROLL, FLECK, GODSHALL, GOODMAN, HUTCHINSON, LEVDANSKY, READSHAW, ROHRER, SIPTROTH, STABACK, BRENNAN, WALKO, WATSON, GEIST, K. SMITH, KORTZ AND CALTAGIRONE, FEBRUARY 5, 2009 |
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| SENATOR M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE, AS AMENDED, MAY 5, 2009 |
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| AN ACT |
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1 | Regulating prescribed burning practices; providing for the |
2 | powers and duties of the State Forester and the Department of | <-- |
3 | Conservation and Natural Resources and the Department of | <-- |
4 | Environmental Protection; and establishing certain |
5 | immunities. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Short title. |
9 | This act shall be known and may be cited as the Prescribed |
10 | Burning Practices Act. |
11 | Section 2. Legislative declaration and findings. |
12 | The General Assembly declares that prescribed burning is a |
13 | land management tool that benefits the safety of the public, the |
14 | environment and the economy of this Commonwealth. Therefore, the |
15 | General Assembly finds that: |
16 | (1) Prescribed burning reduces naturally occurring |
17 | vegetative fuels. Reducing the fuel load reduces the risk and |
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1 | severity of wildfires, thereby reducing the threat of loss of |
2 | life and property. |
3 | (2) Public agencies and nongovernmental organizations in |
4 | this Commonwealth have invested millions of dollars to |
5 | purchase land for parks, wildlife areas, State forests, |
6 | nature preserves and other outdoor recreational purposes. For |
7 | many of these public and private lands, the use of prescribed |
8 | burning is essential to maintain specific resource values for |
9 | which the areas were acquired. |
10 | (3) Forests, grasslands and other natural areas in this |
11 | Commonwealth constitute significant economic, biological and |
12 | aesthetic resources of Statewide importance. Prescribed |
13 | burning prepares sites for planting; removes undesirable |
14 | competing vegetation; accelerates nutrient cycling; controls |
15 | certain insect pests, pathogens and noxious weeds; and |
16 | promotes oak regeneration. In these communities, prescribed |
17 | burning improves and maintains the quality and quantity of |
18 | wildlife habitats. |
19 | (4) Many of this Commonwealth's natural communities |
20 | require periodic fire for maintenance of their ecological |
21 | health. Prescribed burning is essential to the perpetuation, |
22 | restoration and management of many plant and animal |
23 | communities. Significant loss of this Commonwealth's |
24 | biological diversity will occur if fire is excluded from |
25 | these fire-dependent and fire-adapted communities. |
26 | (5) Proper training in the purposes, use and application |
27 | of prescribed burning is necessary to ensure maximum benefits |
28 | and protection for the public. |
29 | (6) Prescribed burning in the hands of trained, skilled |
30 | and experienced people is safe and often represents one of |
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1 | the most cost-effective management techniques to accomplish |
2 | many ecosystem restoration objectives and ecological goals. |
3 | (7) As development and urbanization increase in many |
4 | areas of this Commonwealth, concerns about potential |
5 | liability and nuisance complaints may inhibit the use of |
6 | prescribed burning as a conservation and safety tool. |
7 | Section 3. Purpose. |
8 | The purpose of this act is to encourage the continued use of |
9 | prescribed burning for fuel reduction, ecological, forest, |
10 | wildlife and grassland management purposes. |
11 | Section 4. Definitions. |
12 | The following words and phrases when used in this act shall |
13 | have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | "Department." The Department of Conservation and Natural |
16 | Resources of the Commonwealth. |
17 | "National Wildfire Coordinating Group." The organization |
18 | comprised of representatives from Federal and State Government |
19 | agencies which has developed formal standards and programs |
20 | addressing wildland fire, including training, equipment and |
21 | operational requirements for the appropriate use of prescribed |
22 | fire burns. | <-- |
23 | "Prescribed burn" or "prescribed burning." The planned and |
24 | controlled application of fire to existing vegetative fuels: |
25 | (1) Under specified environmental conditions and |
26 | following appropriate precautionary measures, in order to |
27 | accomplish one or more specific land management objectives, |
28 | including, but not limited to, vegetative fuel reduction, |
29 | silvicultural treatments, wildlife habitat improvement and |
30 | management of grassland and other plant communities. |
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1 | (2) Conducted in compliance with a written prescribed |
2 | burn plan and under the supervision of a prescribed burn |
3 | manager. |
4 | "Prescribed burn manager." An individual who successfully |
5 | completes and maintains the level of training and experience |
6 | required by the State Forester to review and approve a |
7 | prescribed burn plan and supervise a prescribed burn. |
8 | "Prescribed burn plan." A written plan reviewed and approved |
9 | by a prescribed burn manager that includes measurable criteria |
10 | to: |
11 | (1) Define the conditions for starting, controlling and |
12 | extinguishing a prescribed burn for a specified area or |
13 | multiple units within an area. |
14 | (2) Guide the selection of appropriate management |
15 | responses. |
16 | (3) Indicate other required action. |
17 | The plan may include information relating to burn duration, |
18 | smoke management, fuel and weather prescriptions, notification |
19 | of adjacent landowners, safety contingencies and other relevant |
20 | factors. |
21 | "Prescribed burn worker." An individual who works under the | <-- |
22 | direct supervision of a prescribed burn manager. |
23 | "Standards." The prescribed burn standards developed under |
24 | section 5. |
25 | Section 5. Regulatory Prescribed burn standards. | <-- |
26 | Within six months from the effective date of this section, |
27 | the State Forester shall promulgate department shall develop | <-- |
28 | standards, which shall include a 60-day public comment period, |
29 | for the planning and conduct of prescribed burning in this |
30 | Commonwealth. In developing the standards, the State Forester | <-- |
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1 | department shall consult with the Department of Environmental | <-- |
2 | Protection, the Pennsylvania Game Commission and other public |
3 | agencies and private organizations which have interest or |
4 | experience in the practice of prescribed burning. The standards |
5 | shall include, but not be limited to: |
6 | (1) Minimum qualifications and training requirements for |
7 | prescribed burn managers and other persons participating in a | <-- |
8 | prescribed burn prescribed burn workers. | <-- |
9 | (2) Required content for prescribed burn plans. |
10 | To the greatest extent practicable, the standards shall be |
11 | consistent with comparable requirements established by the |
12 | National Wildfire Coordinating Group. |
13 | Section 6. Departmental regulations. |
14 | If deemed necessary and appropriate by the State Forester | <-- |
15 | Secretary of Conservation and Natural Resources, the department | <-- |
16 | shall establish by regulation: |
17 | (1) A certification and revocation process for |
18 | prescribed burn managers. |
19 | (2) Requirements for the review and approval of |
20 | prescribed burn plans by the State. | <-- |
21 | (3) A training program for prescribed burn managers and |
22 | other persons participating in a prescribed burn prescribed | <-- |
23 | burn workers. |
24 | In the event such requirements regulations are established, the | <-- |
25 | department is authorized to may charge and collect fees from | <-- |
26 | persons participating in training or certification programs. |
27 | Section 7. Prescribed burn plan. |
28 | (a) Duty of prescribed burn manager to submit.-- | <-- |
29 | (1) Prior to execution of a prescribed burn plan, the |
30 | (a) Notification and review.-- | <-- |
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1 | (1) The prescribed burn manager shall notify the |
2 | department and the Department of Environmental Protection in | <-- |
3 | writing of the intention to conduct prescribed burning at the |
4 | specific location of the proposed prescribed burn and the |
5 | range of dates during which prescribed burns could take |
6 | place. |
7 | (2) The notification required by this section shall be | <-- |
8 | provided to the department and the Department of | <-- |
9 | Environmental Protection at least 25 working days before the |
10 | earliest possible date that a burn could occur. The written |
11 | notification shall include a copy of the prescribed burn |
12 | plan, or other such form as approved by the department and | <-- |
13 | the Department of Environmental Protection. |
14 | (3) The department and the Department of Environmental | <-- |
15 | Protection shall review and provide comments, if necessary, |
16 | on the prescribed burn plan no later than five working days |
17 | prior to the earliest possible date that a burn could occur. |
18 | (b) Contents.--A prescribed burn plan shall include |
19 | procedures that minimize the possibility that fire will escape |
20 | from the desired area and minimize danger to the public and |
21 | firefighting personnel from fire and smoke. The prescribed burn |
22 | plan shall be consistent with the prescribed burn standards | <-- |
23 | approved by the State Forester, and a prescribed burn shall be | <-- |
24 | executed pursuant to the plan. |
25 | Section 8. Relationship to other laws. |
26 | The requirements of 25 Pa.Code § 129.14(a) and (b) (relating |
27 | to open burning) do not apply to a prescribed burn which is |
28 | executed pursuant to a prescribed burn plan consistent with |
29 | established standards approved by the State Forester under this | <-- |
30 | act the standards. This section shall not be construed to | <-- |
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1 | otherwise limit the authority of the Department of Environmental |
2 | Protection under the act of January 8, 1960 (1959 P.L.2119, |
3 | No.787), known as the Air Pollution Control Act, and the |
4 | regulations promulgated under this act. |
5 | Section 9. Public interest. |
6 | A prescribed burn conducted in compliance with this act and |
7 | the act of January 8, 1960 (1959 P.L.2119, No.787), known as the |
8 | Air Pollution Control Act, is deemed to be in the public |
9 | interest and shall not constitute a public or private nuisance. |
10 | Section 10. Prescribed burning requirements. |
11 | Prescribed burning under the provisions of this act shall be |
12 | conducted: |
13 | (1) In compliance with standards established by the | <-- |
14 | State Forester pursuant to section 5 the standards and | <-- |
15 | regulations promulgated pursuant to section 6. |
16 | (2) In compliance with a prescribed burn plan which has |
17 | been reviewed and approved by a prescribed burn manager and |
18 | is available on site while the prescribed burn or burns are |
19 | conducted. |
20 | (3) Only when at least one prescribed burn manager is |
21 | present on site to supervise the burn or burns that are being |
22 | conducted. |
23 | (4) Only with the written consent of the property owner | <-- |
24 | or the owner's designee each property owner or the legal | <-- |
25 | representative of a property owner. |
26 | Section 11. Immunities. |
27 | (a) Civil or criminal penalty.-- |
28 | (1) No owner of property who contracts with or |
29 | authorizes a prescribed burn manager or person acting under | <-- |
30 | the direction of a prescribed burn manager to conduct or to | <-- |
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1 | conduct or permit a prescribed burn on the property pursuant |
2 | to the requirements of this act shall be subject to civil or |
3 | criminal penalty for damage or injury caused by the fire or |
4 | resulting smoke, unless negligence is proven. |
5 | (2) No prescribed burn manager who executes and acts in |
6 | accordance with a prescribed burn plan that satisfies the |
7 | standards established pursuant to this act and who has | <-- |
8 | attained the qualifications for planning and conducting a |
9 | prescribed burn in accordance with the standards established | <-- |
10 | pursuant to this act shall be subject to civil or criminal |
11 | penalty for damage or injury caused by the fire or resulting |
12 | smoke, unless negligence is proven. |
13 | (3) No person who acts under the direction of a |
14 | prescribed burn manager executing a prescribed burn plan that |
15 | satisfies the standards established pursuant to this act and | <-- |
16 | who has attained the relevant qualifications for |
17 | participating in a prescribed burn in accordance with the |
18 | standards established pursuant to this act shall be subject | <-- |
19 | to civil or criminal penalty for damage or injury caused by |
20 | the fire or resulting smoke, unless negligence is proven. |
21 | (b) Private actions.--In a private civil action arising from |
22 | the conduct of a prescribed burn and damage or injury caused by |
23 | the fire or resulting smoke, proof of compliance with the |
24 | requirements of this act and the standards established pursuant | <-- |
25 | to this act shall be admissible evidence that the duty of care |
26 | for such activity has been met. |
27 | Section 12. Effective date. |
28 | This act shall take effect immediately. |
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