SENATE BILL REPORT

ESHB 2093

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Natural Resources & Parks, March 25, 2015

Title: An act relating to wildland fire suppression.

Brief Description: Concerning wildland fire suppression.

Sponsors: House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Kretz, Short, Blake, Buys and Condotta).

Brief History: Passed House: 3/10/15, 97-0.

Committee Activity: Natural Resources & Parks: 3/18/15, 3/25/15 [DPA-WM].

SENATE COMMITTEE ON NATURAL RESOURCES & PARKS

Majority Report: Do pass as amended and be referred to Committee on Ways & Means.

Signed by Senators Pearson, Chair; Dansel, Vice Chair; Hatfield, Ranking Minority Member; Chase, Hewitt, McAuliffe and Warnick.

Staff: Bonnie Kim (786-7316)

Background: Wildland Fire Suppression. Landowners and people engaged in activity on land who have knowledge of a wildland fire have a duty to make every reasonable effort to suppress the wildland fire regardless of the origin or spread of the wildland fire. If a wildland fire occurs in a land clearing, right-of-way clearing, or landowner operation, it must be fought to the full limit of available employees and equipment. If a person does not suppress a wildland fire, the Department of Natural Resources (DNR) must suppress it. DNR may coordinate with governmental agencies and tribes and contract with private corporations for the protection and development of the forest lands within the state.

Trespassing on Public or Private Land. A person may be liable for damages and prosecuted criminally for cutting, removing, or damaging timber from state lands, using or occupying state lands, removing any valuable material from state lands, causing waste or damage to state lands, or for trespassing on private land.

Summary of Bill (Recommended Amendments): Local Wildland Fire Liaison (Liaison). The Commissioner of Public Lands (Commissioner), in consultation with county legislative authorities, must appoint a Liaison to represent the interests of landowners and the public during DNR fire suppression activities. The Liaison must advise the Commissioner on issues such as land access, availability of local fire suppression assets, and environmental concerns.

By December 31, 2015, the Liaison must report recommendations to the Commissioner for increasing DNR training opportunities with local fire protection districts, assessing local fire district resource availability, and increasing and maintaining the viability of local fire suppression assets. By October 31, 2016, DNR must report to the Legislature summarizing the Liaison's recommendations, DNR's implementation, and an analysis of the results.

Wildland Fire Advisory Committee. The Commissioner must appoint and maintain a Wildland Fire Advisory Committee (Committee) to advise the Commissioner on all matters related to wildland firefighting in the state including capital budget requests related to wildland firefighting and enhancing the safe and effective use of private and public wildland firefighting resources. The Commissioner may appoint members as the Commissioner determines is most helpful so long as they include the following people:

The Liaison serves as the administrative chair for the Committee. DNR must provide staff support for all committee meetings. Generally, the Committee meets at the call of the chair and each member serves without compensation. Members are generally immune from civil liability for official actions.

Entering Public or Private Land to Suppress or Control a Wildland Fire. Person Accessing Land. A person may, but is not required to, enter public or private land to extinguish or control a wildland fire if fighting the fire at that particular time and location can be reasonably considered a public necessity due to an imminent danger. To lawfully access public or private land to suppress a wildland fire, all of the following conditions must exist:

No civil or criminal liability may be imposed for any direct or proximate adverse impacts resulting from a person's access to land for the purposes of attempting to extinguish or control a wildland fire, except upon proof of gross negligence or willful or wanton misconduct. No person may materially benefit or retain any valuable materials from access to the public or private land. Authority to enter is limited to the minimum necessary for activities reasonably required to extinguish or control the fire. Reasonable activities include using hand tools to clear the ground of debris, operating readily available water hoses, and clearing flammable materials from the vicinity of structures. Prohibited activities include lighting a fire in an attempt to stop the spread of another fire, using explosives as a firefighting technique, using aircraft for fire suppression, and directing other people to engage in firefighting.

Landowner. No civil or criminal liability may be imposed on the owner, lessee, or occupant of any land accessed for purposes of fire suppression activities as described above for any direct or proximate adverse impacts resulting from the access to privately owned or publicly owned land, except upon proof of willful or wanton misconduct. Liability protection includes impacts on the person accessing the privately owned or publicly owned land and the person's personal property, including loss of life, any structures or land alterations constructed by individuals entering the privately owned or publicly owned land, other landholdings, and overall environmental resources. An owner, lessee, or occupant may be held liable for negligently permitting fire to spread.

DNR Master Contractor List. To maximize effective use of local fire suppression assets, DNR must:

DNR may not be held civilly liable for any adverse impacts resulting from training or preemptive agreements except upon proof of gross negligence or willful or wanton misconduct.

EFFECT OF CHANGES MADE BY NATURAL RESOURCES & PARKS COMMITTEE (Recommended Amendments): Adds cutting fire lines with heavy earthmoving equipment and using falling timber as a firefighting technique to the nonexclusive list of reasonable activities allowed on public or private lands to control or suppress wildland fires.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony on Engrossed Substitute House Bill: PRO: We have quite a recent history of wildfires. The Carlton Complex fire was our largest fire in history. We have to have a better way to plug into our local resources. If we can put fires down quickly, then we would not have such high costs. We have had a record number of calls already from grass fires. We did not get snow this year. This bill addresses the challenges private landowners face when trying to fight fires. The trial attorneys support this liability standard. This bill brings communication back down to the local level. This bill will allow us to better coordinate and communicate between our local contractors. This bill is a good compromise between a number of stakeholders. Last year DNR fire crews were stretched quite thin. We have already had 46 fires – about 406 acres – this calendar year. We have 3 millions acres of forests in eastern Washington in bad condition.

Persons Testifying: PRO: Representative Kretz, prime sponsor; Wes McCart, Stevens County Commissioner; Jack Field, WA Cattlemen's Assn.; Michael Temple, WA State Assn. for Justice; Mike Moran, Confederated Tribes of the Colville Reservation; Seamus Petrie, WA Public Employees Assn.; Mary Verner, DNR Deputy Supervisor.

Persons Signed in to Testify But Not Testifying:  No one.