Committee hears broad support for expanded prescribed-fire training and conditional liability protections in HB 84

House Bill 84 would require the Department of Natural Resources and Conservation (DNRC) to develop rules for a statewide prescribed-fire training and certification program and would conditionally establish a negligence standard for certified burners — limiting civil liability so long as a certified burner is not negligent and a claims fund is later appropriated by the Legislature.

Why it matters: Proponents argue the certification program and conditional liability protections would increase use of prescribed fire on private lands, improving forest health and reducing the severity of catastrophic wildfire. Opponents — principally representatives of industrial timber owners — said liability protections should not be enacted until the state has completed the required study and the claims fund is funded and established.

What the bill would do

- Training and certification: DNRC would create and administer a voluntary training and certification program to teach safe pile and broadcast burning and set state standards for prescribed-fire practice.

- Liability standard: The bill would replace strict liability for certified burners with a negligence standard only if (a) the burner is certified and (b) the escaped prescribed fire did not result from the burner’s negligence. The liability protection is contingent on a later legislative appropriation to seed a special revenue claims account.

- Claims fund and study: The bill directs a study and contemplates a claims account to provide a route for neighbors to recover damages from escaped prescribed fires; the liability protections do not take effect until the Legislature funds that account.

Who testified

- DNRC and forestry professionals: Agency witnesses outlined the high percentage of human-caused fires and the need for training. The department framed the proposal as a risk-management tool that would expand safe use of prescribed fire while keeping standards and reporting requirements in place.

- Conservation and stakeholder groups: The Property and Environment Research Center, Nature Conservancy, Montana Stock Growers Association, Montana County Fire Wardens Association and other stakeholders testified in favor, saying prescribed fire improves ecosystem health and reduces catastrophic wildfire risk.

- Private landowners and contractors: Multiple private landowners and forestry contractors testified that certification and limited liability would enable more on-the-ground work and increase the number of trained burners.

- Timber industry concerns: The Montana Wood Products Association, speaking for industrial timber owners, said it supported training and the study but urged that the liability-protection section be removed or amended until the study and funding are complete.

Notable clarifications from testimony

- DNRC stressed the liability protection would not apply to negligent burners or uncertified burners and that the protection would only take effect if the Legislature funds the claims account in a future session.

- Proponents emphasized the program is voluntary; landowners who do not seek certification would remain subject to existing strict liability statutes.

Committee action and next steps

The committee heard extensive proponent testimony and a single named opponent (Montana Wood Products Association). Questions focused on the size of the potential claims fund, the scale of likely participation, and how enforcement and reporting would be accomplished. DNRC said the study required by the bill would inform an appropriate funding level.

Ending

Supporters urged the committee to advance HB 84 as a tool to increase prescribed fire on private lands while opponents cautioned the committee to defer liability changes until funding and study results are in. The committee closed the hearing; no final committee vote is recorded in the provided transcript segment.