Provides relative to prescribed burning by noncertified prescribed burn managers. (8/1/26)

Senate Bill 126 amends Louisiana Revised Statutes 3:17.1(C) to modify the language governing the Commissioner of Agriculture and Forestry's authority to issue rules and regulations regarding prescribed burning by noncertified prescribed burn managers. The bill replaces the phrase "is authorized to" with "may" in describing the commissioner's power to promulgate rules and regulations in accordance with the Administrative Procedure Act. This change clarifies the discretionary nature of the commissioner's rulemaking authority while maintaining the requirement that any rules issued must comply with the Administrative Procedure Act's procedural requirements for administrative rulemaking.

The practical effect of this amendment is minimal but legally significant for regulated parties in Louisiana's forestry sector. Individuals and entities conducting prescribed burns without formal certification must still comply with existing notification requirements to the office of forestry, providing location, date, and time information prior to conducting burns. The change in statutory language does not alter the substantive requirements for prescribed burns but rather clarifies that the commissioner possesses discretionary authority to develop implementing regulations, which may affect how the office of forestry enforces compliance and establishes operational procedures for noncertified prescribed burn managers.

Senate Bill 126 operates within Louisiana's existing administrative law framework governing prescribed burning activities. R.S. 3:17.1 establishes the foundational requirements for prescribed burning by individuals who have not obtained certification as prescribed burn managers. The Administrative Procedure Act referenced in the statute establishes the formal procedures that must be followed whenever state agencies adopt, amend, or repeal rules and regulations, requiring notice, public comment periods, and other due process protections. By using "may" rather than "is authorized to," the statute employs more conventional administrative language for discretionary agency powers while preserving the scope and limitations of the commissioner's rulemaking authority under existing administrative law.