Senate Natural Resources Committee hears bill to promote prescribed burns, holds measure for amendments

The Senate Natural Resources Committee on Wednesday heard House Bill 1557, a measure introduced by Representative Ed Baird that would create a certified prescribed burn manager program and adjust civil-liability standards for prescribed burns in Indiana. Chairman Glick said the committee would hear testimony and "hold them for amend and vote only next week" to allow more time for changes.

Supporters told the committee the bill aims to expand use of prescribed fire as a land-management tool while keeping accountability in place. Representative Ed Baird told the committee the bill "does not remove accountability," and that it aligns Indiana with other states that use a gross-negligence standard for prescribed-fire liability.

The bill drew a range of witnesses, including university extension and conservation practitioners, landowners and legal counsel. Jared Brook, a wildlife specialist at Purdue University, cited multi-state data and told the committee that "less than 1 percent of over 23,000 burns resulted in escapes," describing a very low incident rate when burns are planned and executed by trained teams. Stuart Orr, prescribed fire manager for the Indiana chapter of The Nature Conservancy, said state and federal agencies burn about "10 to 20,000 acres per year in Indiana" and that the Conservancy burns roughly "3,000 acres a year or so." He and other witnesses said certification programs help standardize training and reduce barriers for private landowners and contractors.

Private landowners described on-the-ground experience. David Ray, who said he owns 310 acres of hardwoods in Jackson County, said cost is a barrier: "Cost per acre... it's $100 an acre. I own 310 acres. I can't afford to do it," and described ecological benefits he observed after using controlled burns on his property.

Committee members and some witnesses raised legal and insurance concerns. Senator Alexander asked whether requiring a certified burn manager would affect ordinary landowner burning; Representative Baird and witnesses clarified the bill does not change what a landowner may currently do on their own and applies only when someone chooses to use a certified burn manager. Several committee members asked whether liability coverage would be available for landowners and contractors; speakers said many property-insurance policies may cover prescribed-burn activity if conducted by trained personnel but cautioned coverage varies. Attorney Warren Mathias, testifying in opposition on behalf of trial-lawyer interests, recommended careful drafting of immunity provisions, urging the committee to consider language similar to other states that limit recoverable damages to actual damages and preserve ordinary-negligence claims in certain ways. He also recommended referencing the state's Tort Claims Act where the bill immunizes state employees or agents.

Department of Natural Resources legislative director Will Haines testified in support and summarized core bill provisions: the bill would require a prescribed-burn manager, a written burn plan and would provide certain civil-liability immunities tied to certification. Haines said the bill "expands the safe utilization of prescribed burn fire through instituting requirements for a prescribed burn manager and complete prescribed burn plan." Other conservation groups including Save the Dunes and the Indiana Wildlife Federation testified in support, saying the bill would help restore native habitats and control invasive species.

Committee chairwoman Glick closed the HB 1557 portion of the hearing by repeating that the committee would hold the bill for amendment and a vote next week and invited stakeholders to submit amendment language to committee counsel.