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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
Senate Bill 85
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conform-
ance with presession filing rules, indicating neither advocacy nor opposition on the part of the
President (at the request of Senate Interim Committee on Natural Resources and Wildfire)
CHAPTER .................................................
AN ACT
Relating to wildfire risk reduction; and declaring an emergency.
Whereas the state has a substantial public policy interest in addressing wildfire risks and miti-
gation of those risks in communities throughout the state; and
Whereas wildfires are becoming more frequent, growing in intensity and destruction, often
overwhelming response capabilities and triggering large-scale conflagrations that destroy communi-
ties, ecosystems and critical infrastructure; and
Whereas the state, local communities, nongovernmental organizations and property owners have
invested, and will continue to invest, significantly in measures to mitigate wildfire risk to reduce
the catastrophic nature of wildfire across our landscapes and built infrastructure; and
Whereas the state continues to take a proactive approach to addressing affordability and
availability challenges in insurance markets, especially in wildfire-prone areas of this state, includ-
ing examining best practices and policies that help reduce wildfire risk for homeowners and com-
munities; and
Whereas the state believes that the investments and activities undertaken by the state, local
communities and property owners should be recognized to the maximum extent possible in the
underwriting and ratings decisions of insurance companies; and
Whereas the state must continue to partner with all relevant stakeholders, including insurance
companies and research and academic institutions, to research wildfire risk mitigation and the
connection of wildfire risk mitigation to insurance underwriting and rating decisions; and
Whereas the threat of wildfire requires an immediate, coordinated response to protect lives,
public health, natural resources and the stability of communities; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1.
(1) The Department of Consumer and Business Services and the Department
of the State Fire Marshal, in consultation with the State Forestry Department and repre-
sentatives of the insurance industry, shall evaluate and develop recommendations for
community-based wildfire risk mitigation actions, programs and strategies that could have
positive impacts on reducing wildfire risks and increasing insurance affordability and avail-
ability in this state.
(2) The actions, programs and strategies described in this section include, but are not
limited to:
Enrolled Senate Bill 85 (SB 85-A) Page 1
(a) Property-level actions, programs and strategies, including establishing defensible
space, hardening a building or receiving certification from the Insurance Institute for Busi-
ness and Home Safety or a similar entity; and
(b) Community-level actions, programs and strategies, with an emphasis on encouraging
collaborative activities among residents of cohesive neighborhoods, including community
risk-reduction programs offered by the Department of the State Fire Marshal, the Institute
for Business and Home Safety or a similar entity.
SECTION 2. (1) The Department of Consumer and Business Services and the Department
of the State Fire Marshal shall jointly submit a report on the evaluation and recommenda-
tions under section 1 of this 2025 Act, in the manner provided by ORS 192.245, to the interim
committees of the Legislative Assembly related to wildfire no later than February 2, 2026.
The report must include:
(a) Recommendations for legislative changes, if any, to positively impact the availability
and affordability of homeowners insurance in this state.
(b) A discussion of the discounts or incentives that the insurance industry could provide
to consumers in this state who complete actions, programs or strategies described in section
1 of this 2025 Act.
(c) Information from homeowner insurers regarding the ways in which insurers treat
wildfire risk mitigation actions, as defined in ORS 742.277, in making underwriting and rate
decisions. The information must include, but is not limited to:
(A) A list of wildfire risk mitigation actions that, taken together, could have a significant
impact on underwriting or rating decisions for each insurer;
(B) A description of the circumstances under which each wildfire risk mitigation action
would have a significant impact on underwriting or rating decisions;
(C) A discussion of trends and variability among insurers regarding treatment of wildfire
risk mitigation actions in making underwriting and rating decisions; and
(D) A summary of best practices among insurers who recognize wildfire mitigation risk
actions in making underwriting and rating decisions.
(2) The Department of Consumer and Business Services and the Department of the State
Fire Marshal shall also submit the report to the State Wildfire Programs Director and the
Wildfire Programs Advisory Council.
(3) All records, documents, work papers, recorded information or copies thereof, that are
produced or obtained by, or disclosed to, the Department of Consumer and Business Services
under subsection (1)(c) of this section:
(a) Are provided to the Director of the Department of Consumer and Business Services
in the course of analysis by the director of the financial condition or market conduct of an
insurer under ORS 731.312 (6); and
(b) Are confidential, privileged and exempt from public disclosure under ORS 705.137.
SECTION 3.
Sections 1 and 2 of this 2025 Act are repealed on January 2, 2027.
SECTION 4. This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
Enrolled Senate Bill 85 (SB 85-A) Page 2
Passed by Senate April 16, 2025
..................................................................................
Obadiah Rutledge, Secretary of Senate
..................................................................................
Rob Wagner, President of Senate
Passed by House May 20, 2025
..................................................................................
Julie Fahey, Speaker of House
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled Senate Bill 85 (SB 85-A) Page 3