Committee hears broad support for pilot fund to cover damages from prescribed and cultural burns

Members of the House Agriculture and Natural Resources Committee heard more than two hours of public testimony on House Bill 15-63 on Feb. 12, which would direct the Office of Risk Management, subject to appropriation, to pilot a claims fund to reimburse eligible property damage claims or suppression costs resulting from permitted prescribed fires or cultural burns conducted by non‑public entities.

The bill would require DNR certification that a claim meets the statutory criteria before reimbursement and caps eligible reimbursement at $2,000,000 per claim; the pilot would expire June 30, 2033. Lily Smith, staff to the committee, told members the fund would be administered through a new prescribed fire claims account and that reimbursement is conditional on funding.

Why it matters: Testifiers and agency staff said liability concerns and the shrinking availability of private insurance are significant barriers to using prescribed fire at the scale needed to reduce catastrophic wildfire risk. Proponents argued the pilot fund would provide “peace of mind” to practitioners and landowners, encourage more prescribed burning, and help rebuild private markets for insurance.

Tribal and local leaders emphasized cultural burning and ecological benefits. Lani Grenninger, vice chairwoman and culture director for the Jamestown S'Klallam Tribe, supported the bill but urged expanding eligible land types beyond forest to include prairies, grasslands and wetlands and asked that tribal approval be explicit in the definition of “cultural fire practitioner.” Ray Entz of the Kalispel Tribe said tribal use of fire is a cultural lifeway and that the fund would reduce worry among private landowners in the wildland‑urban interface.

Agency and practitioner testimony: Pat Sullivan, director for governmental and external affairs at the Department of Natural Resources, said DNR’s 2023 Prescribed Fire Barriers Assessment identified liability and coverage as key constraints and that DNR wants implementation resources included in the budget. Emily Homan of The Nature Conservancy, who directs the Fire Learning Network, said California’s claims fund helped restore insurer participation and that private insurance had become unaffordable or unavailable for many practitioners.

Practitioners and nonprofits said escapes are rare but the perceived and real financial risks deter burning. Dylan Cruz of Sustainable Northwest cited national escape data at about 0.01 percent and noted Oregon adopted similar legislation in 2023. Sarah Clark, who helped design California’s pilot, said California set aside $20 million and that the program enrolled hundreds of projects without any claims in its first 18 months; she said the fund helped insurers reenter the market.

Questions and clarifications: Committee members asked whether the fund changes liability (it does not remove individual liability; rather it reimburses eligible damages/suppression costs) and whether reimbursement would apply only when burners are certified. Staff and agency representatives answered that eligible claims must come from permitted burns conducted by DNR‑certified burners or by cultural practitioners in accordance with permits and plans, and that criminal or negligent acts are excluded.

Noted draft clarifications: Tribal witnesses and some agencies requested clearer statutory definitions (for example, defining “cultural fire practitioner” as a person approved by a federally recognized tribe) and asked the committee to ensure tribal governments can file claims where appropriate. DNR asked for implementation resources and minor clarifying amendments to define DNR’s role in certification and program administration.

Ending: Supporters asked the committee to advance the pilot so Washington can increase safe prescribed burning, reduce hazardous fuels, and make communities more resilient to wildfire. Opponents or concerns were not represented at length in the spoken testimony summarized here; the staff fiscal note is available in the committee’s bill packet.