Bill
SB 5491
Pilot program establishes a prescribed fire claims fund to reimburse eligible losses from certified prescribed or cultural burns, up to $2,000,000 per claim, funded by appropriations.
Status and timeline
- Introduced: January 24, 2025
- Original referral: Senate Committee on Agriculture & Natural Resources (ANR)
- Substitute introduced: February 21, 2025
- Current actions: Referred to Ways & Means; public hearing in ANR held Feb 10; public hearing in Ways & Means scheduled Feb 25, 1:30 PM
- This bill includes an emergency clause and creates a pilot program with a dedicated funding account.
Purpose and rationale
- Washington faces a forest health crisis with increasingly large and damaging rangeland and forest fires.
- Prescribed fire and cultural burning are effective tools to reduce fuels and bolster forest and ecosystem resiliency, but liability and financial uncertainty have hindered broader use.
- The bill creates a prescribed fire claims fund pilot program to provide loss coverage for certain prescribed and cultural burns, reducing financial risk for providers and landowners and encouraging greater use of this tool.
What the bill would do (key provisions)
- Establish a prescribed fire claims account in the state treasury to support reimbursement for eligible losses.
- Administered by the Office of Risk Management (ORM) in consultation with the Department and other stakeholders (e.g., Washington prescribed fire council, practitioners, burn managers).
- Eligible claims:
- Must arise from a prescribed fire or cultural burn conducted by a certified burn manager (under an approved burn plan with permits and conditions) or a cultural fire practitioner (in accordance with a burn plan/permit).
- Must be for property or economic damage, or costs authorized by the department related to the burn (e.g., suppression-related costs).
- Claims for damages caused by criminal or negligent acts are ineligible.
- Coverage and limits:
- Reimbursement up to the actual losses, not to exceed $2,000,000 per claim.
- Total payments limited to the amounts available in the prescribed fire claims account; not an entitlement.
- Payments contingent on appropriation; funds are spent only for reimbursement under the section.
- Eligibility and administration:
- The ORM and department will establish guidelines for claim submission, eligibility criteria, and claim-payment prioritization if demand exceeds funds.
- Rules may be adopted to implement the section, and guidelines/rules must be publicly available.
- Offset and coordination with other claims:
- Courts may offset any damages by the amount reimbursed under this program.
- The program does not limit other remedies or claims under other laws.
- Funding and expiration:
- The account is available only to the extent appropriated; any remaining funds at expiration are deposited in the Natural Climate Solutions Account.
- The bill is structured as a pilot with expiration provisions.
Definitions and scope (as amended in the substitute)
- Certified burn manager: certified under RCW 76.04.183 or a prescribed fire burn boss under NGN standards.
- Cultural fire practitioner: a person approved by a tribe with experience in culturally beneficial burning.
- Expanded eligibility to include nonstate, nonfederal entities (under the substitute version), such as cultural practitioners, private landowners, NGOs, conservation districts, fire districts, certified burn managers, companies, contractors, and operators.
- Indian tribe definition aligned with existing RCWs.
Who is affected
- Nonpublic and nonfederal entities engaged in prescribed or cultural burns (e.g., private landowners, cultural practitioners, conservation and fire districts, contractors, and related organizations).
- Certified burn managers and cultural fire practitioners as program participants and potential claimants.
- State agencies involved in burn planning and response (ORM, Department, and related departments).
Impact and considerations
- Potentially increases use of prescribed/cultural burning by reducing liability and financial risk.
- Creates a dedicated, appropriated funding mechanism with a cap per claim and an overall program cap, subject to legislative appropriations.
- Emphasizes collaboration among state agencies, tribes, and practitioners to establish guidelines and prioritize claims.
- Fiscal impact depends on appropriation levels and claim activity; not an entitlement.
For readers: This bill aims to remove financial barriers to prescribed and cultural burning by offering a state-backed claims fund, supporting safer, more proactive forest health management while establishing clear eligibility rules and procedural guidelines.
Compiled from official sources — confirm details with the bill’s official record.
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