AB 2075

AB2075:v97#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2075

An act to amend Sections 4427, 4428, 4430, 4431, 4442, 4442.5, 4442.6, and 4443 of the Public Resources Code, relating to forestry.

LEGISLATIVE COUNSEL'S DIGEST

AB 2075, as amended, Bennett. Forestry: safety requirements: fire equipment: internal combustion engines.

(1) Under existing law, a person is prohibited from using or operating, on or near specified lands during a time of the year when burning permits are required, a motor engine, boiler, stationary equipment, welding equipment, cutting torches, tarpots, or grinding devices from which a spark, fire, or flame may originate without complying with specified requirements, including the requirement to maintain one serviceable round point shovel and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation. Existing law prohibits a person, except a member of an emergency crew or except the driver or owner of a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, as provided, from using or operating any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels in an industrial operation located on specified land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in a fire toolbox in specified amounts, manners, and locations. Under existing law, a violation of these provisions is a crime.

This bill would revise and recast those provisions by, among other things, instead requiring a person to maintain at least one backpack pump-type fire extinguisher fully equipped and ready for use, and a sufficient number of serviceable round point shovels so that each person at the operation can be equipped to fight fire, within the operating area, at a point accessible in the event of fire. The bill would require these fire tools to be no farther than 25 feet from the point of operation of the powersaw or tool motor, engine, boiler, stationary equipment, welding equipment, cutting torches, tarpots, or grinding devices, and unrestricted access for the operator from the point of operation. operator. The bill would provide that these requirements do not apply to a person operating a motorized vehicle to work on, clear, or grade any land in or near specified lands during any time of the year when burning permits are required, and would instead require the person to have in or affixed to the motor vehicle and ready for immediate use one serviceable round point shovel and one fully equipped fire extinguisher. The bill would eliminate the above-described exception from these provisions for a member of an emergency crew and the driver and owner a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility. For these purposes the bill would define a person to mean a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, this bill would impose a state-mandated local program.

This bill would, as applied to timber operations on timberland conducted by a timber operator, require the State Board of Forestry and Fire Protection to adopt emergency regulations pursuant to the Administrative Procedure Act that define (A) the terms “operating area” and “point accessible in the event of a fire” and fire,” (B) the necessary number and types of tools needed in the fire toolbox, and (C) develop requirements for the creation of any areas to be cleared around the operation and for the provision of suitable firefighting tools, as provided.

(2) Existing law prohibits a person from using or operating on specified lands an internal combustion engine and a handheld portable, multiposition, internal combustion engine, as provided. Existing law prohibits a person from selling, offering for sale, leasing, or renting to a person an internal combustion engine unless the person provides a written notice to the purchaser or bailee, at the time of sale or at the time of entering into the lease or rental contract, stating that it is violation of law to use or operate the engine on any specified land unless the engine is equipped with a spark arrester or the engine is constructed, equipped, and maintained for the prevention of fire, as provided. A violation of these provisions is a crime. Existing law also prohibits a person from selling, offering for sale, leasing, or renting any equipment powered by an internal combustion engine unless it has a permanent warning label attached that is in plain view to the operator that includes a specified warning. A violation of this provision is an infraction punishable by a fine of not more $100.

This bill would, for purposes of the above-described provisions, define “person” to mean a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, this bill would impose a state-mandated program.

(3) Existing law prohibits a person, during any time of the year when burning permits are required, as provided, from using, operating, or causing to be operated in the area a portable saw, augur, drill, tamper, or other portable tool powered by a gasoline-fueled internal combustion engine on or near specified land within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the saw or tool, for firefighting purposes, one serviceable round point shovel or one serviceable fire extinguisher, as specified. Under existing law, a violation of these provisions is a crime.

This bill would define a person for these purposes to mean a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, this bill would impose a state-mandated local program.

(4) Existing law prohibits, during any time of the year when burning permits are required in specified areas, as provided, a person, copartnership, firm, corporation, or company from using or operating in the area a steam-operated engine, machine equipment, mill, or industrial plant, located on specified lands, without providing one adequate force pump or water under pressure equivalent to a pump, and not less than 200 feet of hose, as provided. Under existing law, a violation of this provision is a crime.

This bill would instead apply the above-described prohibitions to a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, the bill would impose a state-mandated local program.

(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 4427 of the Public Resources Code is amended to read:

4427.

(a) (1) During any time of the year when burning permits are required in an area pursuant to this article, a person shall not use or operate any motor, engine, boiler, stationary equipment, welding equipment, cutting torches, tarpots, or grinding devices from which a spark, fire, or flame may originate, which is located on or near any forest-covered land, brush-covered land, or grass-covered land, without doing both of the following:

(A) First clearing away all flammable material, including snags, from the area around that operation for a distance of 10 feet.

(B) Maintaining at least one backpack pump-type fire extinguisher fully equipped and ready for use, and a sufficient number of serviceable round point shovels with an overall length of not less than 46 inches so that each person at the operation can be equipped to fight fire, within the operating area, at a point accessible in the event of fire. The required fire tools shall not at any time be farther than 25 feet from the point of operation of the powersaw or tool than 25 feet motor, engine, boiler, stationary equipment, welding equipment, cutting torches, tarpots, or grinding devices with unrestricted access for the operator from the point of operation. operator.

(2) (A) Paragraph (1) shall not apply while a person operates a motorized vehicle to work on, clear, or grade any land in or near any forest-covered land, brush-covered land, or grass-covered land, during any time of the year when burning permits are required in an area pursuant to this article.

(B) A person operating a motorized vehicle to work on, clear, or grade any land in or near any forest-covered land, brush-covered land, or grass-covered land, during any time of the year when burning permits are required in an area pursuant to this article shall have in or affixed to the motor vehicle and ready for immediate use one serviceable round point shovel with an overall length of not less than 46 inches and one fully equipped fire extinguisher.

(C) Paragraph (1) shall apply to any person working away from the motorized vehicle described in subparagraph (B), whether or not they were at any time a passenger of the motorized vehicle.

(b) This section does not apply to portable powersaws and other portable tools powered by a gasoline-fueled internal combustion engine.

(c) (1) For This section does not apply to timber operations on timberland conducted by a timber operator, operator. For those timber operations exempt from this section pursuant to this subdivision, the board shall define the terms “operating area” and “point accessible in the event of a fire” in the forest practice rules, consistent with paragraph (2), rules and develop requirements for the creation of any areas to be cleared around the operation and for the provision of suitable firefighting tools, based on the size and complexity of the timber operation, topography, and proximity to the nearest residential dwellings and communities.

(2) The board shall adopt the regulations described in paragraph (1) as emergency regulations that the board considers necessary to implement and to obtain compliance with this section. The emergency regulations shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.

(d) In the period before the finalization of emergency regulations described in subdivision (c), a timber operator conducting timber operations on timberland shall comply with the requirements of this section.

(e) For purposes of this section, the following definitions apply:

(1) “Person” means a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity.

(2) “Timberland” has the same meaning as that term is defined in Section 4526.

(3) “Timber operations” has the same meaning as that term is defined in Section 4527.

(4) “Timber operator” has the same meaning as that term is defined in Section 4526.5.

SEC. 2.

Section 4428 of the Public Resources Code is amended to read:

4428.

(a) (1) A person, except a member of an emergency crew or except the driver or owner of a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, that is used in the construction, operation, removal, or repair of the property or facilities of the utility when engaged in emergency operations, person shall not use or operate a vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels in an industrial operation located on or near a forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in the amounts, manner, and location prescribed in this section.

(b)(1)On any operation described in subdivision (a), a sealed box of tools shall be located within the operating area, at a point accessible in the event of fire.

(2)(A)Except as provided in subparagraph (B), the fire toolbox shall contain one backpack pump-type fire extinguisher filled with water, two axes, two McLeod fire tools, and a sufficient number of shovels so that each natural person at the operation can be equipped to fight fire.

(B)(i)As applied to timber operations on timberland conducted by a timber operator, the fire toolbox shall contain the necessary number and types of tools required pursuant to the regulatory process described in subdivision (e).

(ii)In the period before the finalization of emergency regulations described in subdivision (e), a timber operator conducting timber operations on timberland shall comply with the requirements of paragraph (1) and subparagraph (A) of this paragraph.

(c)(1)One or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area, or, in the alternative, a full set of timber-felling tools shall be located in the fire toolbox described in subdivision (b), including one crosscut falling saw six feet in length, one double-bit ax with a 36-inch handle, one sledge hammer or maul with a head weight of six or more pounds and handle length of 32 inches or more and not less than two falling wedges.

(2) On any operation described in paragraph (1), a sealed box of fire tools shall be located within the operating area at an accessible point for use in the event of fire.(A) Except as provided in subparagraph (B), the fire toolbox shall contain one backpack pump-type fire extinguisher filled with water, two axes, two McLeod fire tools, and a sufficient number of shovels so that each natural person at the operation can be equipped to fight fire.(B) In addition to the items described in subparagraph (A), one or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area, or, in the alternative, a full set of timber-felling tools shall be located in the fire toolbox described in subparagraph (A), including one crosscut felling saw six feet in length, one double-bit ax with a 36-inch handle, one sledge hammer or maul with a head weight of six or more pounds and handle length of 32 inches or more and not less than two felling wedges.(3) Each rail speeder and passenger vehicle used on the operation shall be equipped with one shovel and one ax, and any other vehicle used on the operation shall be equipped with one shovel. Each tractor used on the operation shall be equipped with one shovel.(b) Subdivision (a) does not apply to a member of an emergency crew or the driver or owner of a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, that is used in the construction, operation, removal, or repair of the property or facilities of the utility when engaged in emergency operations.(c) (1) Subdivision (a) does not apply to timber operations on timberland conducted by a timber operator. For those timber operations exempt from subdivision (a) pursuant to this subdivision, the board shall, pursuant to the process described in paragraph (2), define the necessary number and types of tools needed in the fire toolbox based on the application and availability of tools that can be used to extinguish ignitions in an area of operation. As applied to timber operations on timberland conducted by a timber operator, the terms “operating area” and “point accessible in the event of a fire” shall have the same meanings as those terms are defined pursuant to the regulatory process described in subdivision (c) of Section 4427.(2) The board shall adopt the regulations described in paragraph (1) as emergency regulations that the board considers necessary to implement and to obtain compliance with this section. The emergency regulations shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.

(2)

(3) In the period before the finalization of emergency regulations described in subdivision (e), paragraph (1), a timber operator conducting timber operations on timberland shall comply with the requirements of paragraph (1). this section.

(3)Upon the finalization of the emergency regulations described in subdivision (e), as applied to a timber operator conducting timber operations on timberland, one or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area, or, in the alternative, the tools required pursuant to the regulations described in subdivision (e) shall be located in the fire toolbox.

(d)Each rail speeder and passenger vehicle used on the operation shall be equipped with one shovel and one ax, and any other vehicle used on the operation shall be equipped with one shovel. Each tractor used on the operation shall be equipped with one shovel.

(e)(1)The board shall, pursuant to the process described in paragraph (2), define the necessary number and types of tools needed in the fire toolbox based on the application and availability of tools that can be used to extinguish ignitions in an area of operation.

(2)The board shall adopt regulations described in paragraph (1) as emergency regulations that the board considers necessary to implement and to obtain compliance with this section. The emergency regulations shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.

(f)(1)As applied to timber operations on timberland conducted by a timber operator, the terms “operating area” and “point accessible in the event of a fire” shall have the same meanings as those terms are defined pursuant to the regulatory process described in subdivision (c) of Section 4427.

(2)In the period before the finalization of emergency regulations described in subdivision (c) of Section 4427, a timber operator conducting timber operations on timberland shall comply with the requirements of this section.

(g)

(d) For purposes of this section, the following definitions apply:

(1) “Passenger vehicle” means a vehicle that is self-propelled, designed for carrying not more than 10 persons including the driver, and used or maintained for the transportation of persons, but does not include any motortruck or truck tractor.

(2) “Person” means a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity.

(3) “Timberland” has the same meaning as that term is defined in Section 4526.

(4) “Timber operations” has the same meaning as that term is defined in Section 4527.

(5) “Timber operator” has the same meaning as that term is defined in Section 4526.5.

(6) “Vehicle” means a device by which any person or property may be propelled, moved, or drawn over any land surface, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

SEC. 3.

Section 4430 of the Public Resources Code is amended to read:

4430.

(a) During any time of the year when burning permits are required in an area pursuant to this article, a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity shall not use or operate in the area a steam-operated engine, machine equipment, mill, or industrial plant, located on or near forest-covered land or brush-covered land, without providing one adequate force pump or water under pressure equivalent to a pump, and not less than 200 feet of hose not less than one inch in diameter for each steam-operated engine or equipment. The pump or water pressure required pursuant to this section shall be capable of applying a minimum of 40 pounds pressure at the nozzle on 200 feet of hose, such nozzle to be one-fourth inch or larger in diameter. If two steam-operated engines or steam equipment are customarily operated within 100 feet of each other, only one engine or piece of equipment need be equipped with pump and hose.

(b) This section does not apply to an internal combustion engine or to a steam or other locomotive that is being used in the business of a common carrier by railroad.

SEC. 4.

Section 4431 of the Public Resources Code is amended to read:

4431.

(a) During any time of the year when burning permits are required in an area pursuant to this article, a person shall not use or operate or cause to be operated in the area a portable saw, auger, drill, tamper, or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest-covered land, brush-covered land, or grass-covered land, within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the saw or tool, for firefighting purposes, one serviceable round point shovel, with an overall length of not less than 46 inches, or one serviceable fire extinguisher. The Director of Forestry and Fire Protection shall by administrative regulation specify the type and size of fire extinguisher necessary to provide at least minimum assurance of controlling fire caused by use of portable power tools under various climatic and fuel conditions.

(b) The required fire tools shall at no time be farther from the point of operation of the powersaw or tool than 25 feet with unrestricted access for the operator from the point of operation.

(c) As used in this section, “person” means a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity.

SEC. 5.

Section 4442 of the Public Resources Code is amended to read:

4442.

(a) Except as otherwise provided in this section, a person shall not use, operate, or allow to be used or operated, an internal combustion engine that uses hydrocarbon fuels on any forest-covered land, brush-covered land, or grass-covered land unless the engine is equipped with a spark arrester, as defined in subdivision (c), maintained in effective working order, or the engine is constructed, equipped, and maintained for the prevention of fire pursuant to Section 4443.

(b) Spark arresters affixed to the exhaust system of engines or vehicles subject to this section shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

(c) A spark arrester is a device constructed of nonflammable materials specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or that is qualified and rated by the United States Forest Service.

(d) Engines used to provide motive power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code.

(e) Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in effective mechanical condition.

(f) Motor vehicles when being operated in an organized racing or competitive event upon a closed course are not subject to this section if the event is conducted under the auspices of a recognized sanctioning body and by permit issued by the fire protection authority having jurisdiction.

(g) As used in this section, “person” means a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity.

SEC. 6.

Section 4442.5 of the Public Resources Code is amended to read:

4442.5.

(a) A person shall not sell, offer for sale, lease, or rent to a person an internal combustion engine subject to Section 4442 or 4443, and not subject to Section 13005 of the Health and Safety Code, unless the person provides a written notice to the purchaser or bailee, at the time of sale or at the time of entering into the lease or rental contract, stating that it is a violation of Section 4442 or 4443 to use or operate the engine on any forest-covered, brush-covered, or grass-covered land unless the engine is equipped with a spark arrester, as defined in Section 4442, maintained in effective working order, or the engine is constructed, equipped, and maintained for the prevention of fire pursuant to Section 4443.

(b) As used in this section, “person” means a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity.

SEC. 7.

Section 4442.6 of the Public Resources Code is amended to read:

4442.6.

(a) A person shall not sell, offer for sale, lease, or rent to a person any equipment that is powered by an internal combustion engine subject to Section 4442 or 4443, and not subject to Section 13005 of the Health and Safety Code, unless that equipment has a permanent warning label attached that is in plain view to the operator that states, “WARNING—Operation of This Equipment May Create Sparks That Can Start Fires Around Dry Vegetation. A Spark Arrestor May be Required. The Operator Should Contact Local Fire Agencies For Laws or Regulations Relating to Fire Prevention Requirements.”

(b) A person who manufactures equipment that is powered by an internal combustion engine described in subdivision (a) shall attach to that equipment a permanent warning label that is in plain view to the operator and that complies with subdivision (a).

(c) Notwithstanding Section 4021, a violation of subdivision (a) or (b) is an infraction punishable by a fine of not more than one hundred dollars ($100).

(d) As used in this section, “person” means a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity.

SEC. 8.

Section 4443 of the Public Resources Code is amended to read:

4443.

(a) A person shall not use, operate, or cause to be operated on any forest-covered land, brush-covered land, or grass-covered land any handheld portable, multiposition, internal combustion engine manufactured after June 30, 1978, that is operated on hydrocarbon fuels, unless it is constructed and equipped and maintained for the prevention of fire.

(b) The board shall, by regulation, specify standards for construction, equipment, and maintenance of such engines for the prevention of fire and shall specify a uniform method of testing to be used by engine and equipment manufacturers, governmental agencies, and equipment users. The regulations shall include specification of exhaust system standards for carbon particle retention or destruction, exposed surface temperature, gas temperature, flammable debris accumulation, durability, and serviceability.

(c) A portable powersaw and other portable equipment described in this section that were manufactured before July 1, 1978, shall be subject to fire safety design specifications as prescribed by the board.

(d) As used in this section, “person” means a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity.

SEC. 9.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.