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SENATE FLOOR VERSION - SB1071 SFLR Page 1
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SENATE FLOOR VERSION
March 6, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1071 By: Woods
An Act relating to wildland fires; creating the
Wildland Fire Act; providing short title; defining
terms; directing utility to consult with certain
agencies; construing provisions; establishing
liability for certain persons for certain causes of
wildland fires, regardless of land jurisdiction;
providing for certain exceptions to cause
determination; allowing property owner to bring
certain action; establishing award for damages;
creating the Wildland Fire Mitigation Program Act;
providing short title; establishing certain programs
within the Oklahoma Conservation Commission;
establishing provisions for program implementation;
creating the Wildland Fire Mitigation Program
Revolving Fund; stating fund purpose; providing
source of funds; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 158.11 of Title 17, unless there
is created a duplication in numbering, reads as follows:
Sections 1 through 3 of this act shall be known and may be cited
as the “Wildland Fire Act”.
SENATE FLOOR VERSION - SB1071 SFLR Page 2
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 158.12 of Title 17, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Electric cooperative” means a cooperative as defined
pursuant to Section 437.1 of Title 18 of the Oklahoma Statutes;
2. “Electric utility” means an electric cooperative or other
public utility which produces, transmits, delivers, or furnishes
electric current for light, heat, or power;
3. “Injuries arising from the ownership of property” means all
claims for property damage, trespass, nuisance, loss of use,
injuries to timber, loss of employment, or emotional distress
arising from a wildland fire;
4. “Person” means an individual, corporation, company,
partnership, limited liability company, joint venture, association,
trust, or any other entity, without limitation; and
5. “Wildland fire” means any uncontrolled fire on forests,
grasslands, fields, croplands, or wildlands; provided, wildland fire
also includes any such fire which damages or destroys improvements
or structures.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 158.13 of Title 17, unless there
is created a duplication in numbering, reads as follows:
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A. Except as provided in subsection B of this section, a person
who negligently, recklessly, or intentionally causes or spreads a
wildland fire shall be liable for the injuries arising from the
ownership of property which result from that wildland fire. A
person liable under this subsection shall be liable regardless of
whether the fire begins on federal, tribal, state-owned, publicly
owned, or private land.
B. In any civil action or other legal proceeding seeking to
recover damages arising from the ownership of property which
resulted from a wildland fire, an electric utility shall not be
considered to have negligently caused a wildland fire if in the
absence of exceptional conditions, the electric utility’s facilities
and operations complied with the requirements of the Corporation
Commission and the National Electric Safety Code, as may relate to
the area of a wildland fire’s origins.
C. An award for damages arising from the ownership of property
from a wildland fire, including loss of vegetation, shall not
include punitive damages or treble damages of any kind, and shall be
the lesser of:
1. The cost to restore the real property to the condition it
was in prior to the wildland fire; or
2. The difference between:
a. the fair market value of the real property before the
wildland fire, and
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b. the fair market value of the real property after the
wildland fire.
D. Nothing in this act shall be construed to address or impact
liability for and recovery of damages for bodily injuries resulting
from a wildland fire.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-3-121 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
Sections 4 through 6 of this act shall be known and may be cited
as the “Wildland Fire Mitigation Program Act”.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-3-122 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. 1. The Oklahoma Conservation Commission, in consultation
with the Oklahoma Department of Agriculture, Food, and Forestry,
shall develop and implement a wildland fire mitigation program
within its existing conservation programs to reduce the risk and
impact of wildland fires through proactive management and
incentivization of mitigation practices. The Commission shall
develop and implement a priority incentive structure to encourage
voluntary adoption of fire mitigation practices by landowners, land
managers, and other stakeholders.
2. The Commission shall establish and may subsequently revise
annual guidelines for the program including, but not limited to,
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criteria for eligibility, application processes, incentive
structures, cost-share opportunities, and program administration.
The Commission shall promulgate rules to effectuate the provisions
of this Act.
B. 1. The Oklahoma Conservation Commission shall also develop
a wildland fire mitigation pilot program to test and refine fire
mitigation strategies developed under subsection A of this section
in areas historically impacted by large-scale wildland fires.
2. The pilot program shall focus on a geographical area
encompassing regions affected by wildland fires of at least forty
thousand (40,000) acres within the past ten (10) years.
C. The Commission shall use data and input from relevant
agencies, local governments, and stakeholders to determine eligible
areas.
D. The Commission shall conduct periodic evaluations of the
programs developed under this section to determine the effectiveness
of the programs and recommend adjustments as necessary.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-3-123 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Conservation Commission to be designated the
“Wildland Fire Mitigation Program Revolving Fund”. The fund shall
be a continuing fund, not subject to fiscal year limitations, and
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shall consist of all monies received by the Commission from
appropriations, grants, private donations, or other funding sources
provided for the purpose of implementing the Wildland Fire
Mitigation Program Act. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
Commission for the purpose provided for in this Act. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 7. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON ENERGY
March 6, 2025 - DO PASS AS AMENDED BY CS