Prescribed fire claims

AN ACT Relating to a prescribed fire claims fund pilot program; 1
amending RCW 4.92.220; adding a new section to chapter 76.04 RCW; 2
creating a new section; providing expiration dates; and declaring an 3
emergency. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. (1) The legislature finds that Washington 6
is experiencing a forest health crisis. Rangeland and forest fires 7
have grown both larger and more damaging in recent years, threatening 8
the health, livelihoods, and homes of Washingtonians. Over the last 9
10 years, wildfires have burned an average of 470,000 acres across 10
the state. According to the 2020 forest health assessment and 11
treatment framework, approximately 3,000,000 acres in eastern 12
Washington alone are in need of active management or disturbance to 13
improve forest resiliency to stressors such as wildfire and drought.14
(2) The legislature finds that prescribed fire and cultural 15
burning are one of the most effective, yet underutilized tools to 16
help address the forest health crisis. Most ecosystems in Washington 17
evolved with fire through stewardship by tribal peoples and ignitions 18
like lightning strikes. Prescribed fire and cultural burning remove 19
dead and downed brush and vegetation near the forest floor, providing 20
more management opportunities for fire suppression by proactively 21
H-0714.1
HOUSE BILL 1563
State of Washington 69th Legislature 2025 Regular Session
By Representatives Bernbaum, Dent, Timmons, Orcutt, Nance, Reeves,
Hackney, Tharinger, Ybarra, Springer, Reed, Fitzgibbon, Cortes, Hill,
Obras, Lekanoff, Paul, McClintock, Couture, Griffey, Berry, Leavitt,
Zahn, and Scott
Read first time 01/23/25. Referred to Committee on Agriculture &
Natural Resources.
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removing hazardous fuels. Compared to wildfire smoke, prescribed fire 1
smoke produces up to 50 percent less PM2.5. Fire also returns 2
important nutrients to the soil, revitalizes plant growth, and 3
improves wildlife habitat. Tribes have used cultural burning since 4
time immemorial to sustain healthy and resilient forests and 5
grasslands. 6
(3) The legislature finds that growing risks of wildfires to 7
communities and the environment generally requires at least a five-8
fold increase in prescribed burning to effectively reduce accumulated 9
fuels, restore resiliency to landscapes, and protect communities.10
(4) The legislature further finds that while prescribed fire 11
escapements are rare, the uncertain financial implications associated 12
with an escapement deter this work despite its low risk. The 2023 13
Washington prescribed fire barriers assessment report and strategic 14
action plan found that one of the most significant barriers to more 15
prescribed burns has been uncertainty around potential liability.16
(5) Therefore, the legislature intends to establish a fire claims 17
fund pilot program to provide loss coverage for prescribed and 18
cultural burns conducted in accordance with applicable requirements. 19
By decreasing the uncertainty associated with these regulated burns, 20
the legislature intends to promote the use of this critical tool for 21
strengthening and protecting our resources and communities.22
NEW SECTION. Sec. 2. A new section is added to chapter 76.04 23
RCW to read as follows: 24
(1) Subject to the availability of amounts appropriated for this 25
specific purpose, the office of risk management shall, in 26
consultation with the department, establish a prescribed fire claims 27
fund pilot program for the purposes of: 28
(a) Supporting coverage for losses from prescribed fires and 29
cultural burning by nonpublic entities such as cultural fire 30
practitioners, private landowners, nongovernmental entities, 31
certified burn managers, companies, contractors, and operators; and32
(b) Supporting the entities described in (a) of this subsection 33
that are alleged to have caused damages resulting from appropriately 34
conducted prescribed fires or cultural burning. 35
(2) To be eligible for reimbursement under this section, a claim 36
must meet the criteria in (a) and (b) of this subsection.37
(a) The claim results from a prescribed fire or cultural burn 38
conducted: 39
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(i) By a certified burn manager, under an approved burn plan, 1
with applicable permits and in accordance with any other applicable 2
conditions or requirements as determined by the department; or3
(ii) By a cultural fire practitioner, in accordance with any 4
applicable burn plan or permit. 5
(b) The claim is for: 6
(i) Property or economic damage, as described under RCW 7
76.04.760(3) (a), (c), and (d), suffered by the claimant as a result 8
of the prescribed fire or cultural burn; or 9
(ii) If the claimant is the department, reasonable costs incurred 10
by the department in taking suppression action, or for payments 11
authorized by the department under RCW 76.04.475, related to the 12
prescribed fire or cultural burn. 13
(c) A claim for damage suffered as a result of a prescribed fire 14
or cultural burn started, spread, or otherwise caused by a criminal 15
or negligent act is not eligible for reimbursement under this 16
section. 17
(3) Upon submission of a claim, the department shall determine 18
and certify to the office of risk management whether the claim meets 19
the criteria in subsection (2) of this section. 20
(4) The office of risk management may reimburse an eligible claim 21
in an amount equal to or less than the actual losses suffered by the 22
claimant, not to exceed $2,000,000 per claim. The payment of a claim 23
under this section is conditional on the availability of specific 24
funding for this purpose, and nothing in this section shall be 25
construed to create an entitlement to reimbursement or payment of any 26
claim. The total amount paid for claims may not exceed the amounts 27
available in the account established in subsection (7) of this 28
section. 29
(5)(a) The office of risk management shall collaborate with the 30
department, other relevant state agencies, the Washington prescribed 31
fire council, cultural fire practitioners, and certified burn 32
managers to establish guidelines governing the pilot program and the 33
administration of the account established in subsection (7) of this 34
section, including: 35
(i) Procedures for the submission of claims; 36
(ii) Any additional criteria for claim eligibility, as 37
appropriate; and 38
(iii) A methodology or structure for how the payment of claims 39
will be prioritized in the event that eligible claims exceed the 40
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amounts available in the account established in subsection (7) of 1
this section. 2
(b) The office of risk management and the department may adopt 3
rules to implement this section. 4
(c) Guidelines and any rules adopted under this section must be 5
made publicly available on the websites of the office of risk 6
management and the department. 7
(6) This section does not limit the ability of a person to assert 8
a claim for damages arising from a prescribed fire under any other 9
law. A court shall offset any award of damages to a claimant under an 10
action arising from the same set of alleged facts by the amount of 11
reimbursement provided under this section. 12
(7)(a) The prescribed fire claims account is created in the state 13
treasury. Moneys in the account may be spent only after 14
appropriation. Expenditures from the account may only be used for the 15
reimbursement of claims under this section. 16
(b) Upon the expiration of this section, any remaining amounts in 17
the account must be deposited in the natural climate solutions 18
account. 19
(8) For the purposes of this section: 20
(a) "Certified burn manager" means a prescribed burn manager 21
certified under RCW 76.04.183 or a prescribed fire burn boss 22
certified under the national wildfire coordinating group standards.23
(b) "Cultural fire practitioner" means a person associated with 24
an Indian tribe with experience in burning to meet cultural goals or 25
objectives, including subsistence, ceremonial activities, 26
biodiversity, or other benefits. 27
(c) "Indian tribe" has the same meaning as in RCW 43.376.010.28
(9) This section expires June 30, 2033. 29
Sec. 3. RCW 4.92.220 and 2002 c 332 s 18 are each amended to 30
read as follows: 31
(1) The risk management administration account is created in the 32
custody of the state treasurer. All receipts from appropriations and 33
assessments shall be deposited into the account. Only the director or 34
the director's designee may authorize expenditures from the account. 35
The account is subject to allotment procedures under chapter 43.88 36
RCW, but no appropriation is required for expenditures.37
(2) The risk management administration account is to be used for 38
the payment of costs related to: 39
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(a) The appropriated administration of liability, property, and 1
vehicle claims, including investigation, claim processing, 2
negotiation, and settlement, and other expenses relating to 3
settlements and judgments against the state not otherwise budgeted; 4
((and))5
(b) The nonappropriated pass-through cost associated with the 6
purchase of liability and property insurance, including catastrophic 7
insurance, subject to policy conditions and limitations determined by 8
the risk manager; and9
(c) The administration of the prescribed fire claims fund pilot 10
program under section 2 of this act. 11
(3) The risk management administration account's appropriation 12
for risk management shall be financed through a combination of direct 13
appropriations and assessments to state agencies. 14
NEW SECTION. Sec. 4. Section 3 of this act expires June 30, 15
2033.16
NEW SECTION. Sec. 5. This act is necessary for the immediate 17
preservation of the public peace, health, or safety, or support of 18
the state government and its existing public institutions, and takes 19
effect immediately.20
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