*** CHANGE IN 2026 *** (SEE 2251-S2.SL) ***
(1) Subject to the availability of amounts appropriated for this specific purpose, the office of risk management shall, in consultation with the department, establish a prescribed fire claims fund pilot program for the purposes of:
(a) Supporting coverage for losses from prescribed fires and cultural burning on department protected lands and on tribal lands where an agreement exists between the Indian tribe and the department or where approved by the Indian tribe. The fund would not be utilized when prescribed fires or cultural burning have federal tort claims act coverage under a federally recognized burn plan; and
(b) Supporting nonstate and nonfederal entities that are alleged to have caused damages resulting from appropriately conducted prescribed fires or cultural burning on department protected lands and tribal lands as described in (a) of this subsection.
(2) To be eligible for reimbursement under this section, a claim must meet the criteria in (a) and (b) of this subsection.
(a) The claim results from a prescribed fire or cultural burn conducted on department protected lands and tribal lands as described in subsection (1)(a) of this section:
(i) By a certified burn manager, under an approved burn plan, with applicable permits and in accordance with any other applicable conditions or requirements as determined by the department; or
(ii) By a cultural fire practitioner, in accordance with any applicable burn plan or permit.
(b) The claim is for:
(i) Property or economic damage, as described under RCW 76.04.760(3) (a), (c), and (d), suffered by the claimant as a result of the prescribed fire or cultural burn;
(ii) Reasonable costs authorized for reimbursement by the department under RCW 76.04.475, related to the prescribed fire or cultural burn; or
(iii) Costs of suppression of an escapement for which a person is liable to a third party.
(c) A claim for damage suffered as a result of a prescribed fire or cultural burn started, spread, or otherwise caused by a criminal or negligent act is not eligible for reimbursement under this section.
(3) Upon submission of a claim, the department shall determine and certify to the office of risk management whether the claim meets the criteria in subsection (2) of this section.
(4) The office of risk management may reimburse an eligible claim in an amount equal to or less than the actual losses suffered by the claimant, not to exceed $2,000,000 per claim. The payment of a claim under this section is conditional on the availability of specific funding for this purpose, and nothing in this section shall be construed to create an entitlement to reimbursement or payment of any claim. The total amount paid for claims may not exceed the amounts available in the account established in subsection (7) of this section.
(5)(a) The office of risk management shall collaborate with the department, other relevant state agencies, the Washington prescribed fire council, cultural fire practitioners, and certified burn managers to establish guidelines governing the pilot program and the administration of the account established in subsection (7) of this section, including:
(i) Procedures for the submission of claims;
(ii) Any additional criteria for claim eligibility, as appropriate; and
(iii) A methodology or structure for how the payment of claims will be prioritized in the event that eligible claims exceed the amounts available in the account established in subsection (7) of this section.
(b) The office of risk management and the department may adopt rules to implement this section.
(c) Guidelines and any rules adopted under this section must be made publicly available on the websites of the office of risk management and the department.
(6) This section does not limit the ability of a person to assert a claim for damages arising from a prescribed fire under any other law. A court shall offset any award of damages to a claimant under an action arising from the same set of alleged facts by the amount of reimbursement provided under this section.
(7)(a) The prescribed fire claims account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used for the reimbursement of claims under this section.
(b) Upon the expiration of this section, any remaining amounts in the account must be deposited in the natural climate solutions account.
(8) For the purposes of this section:
(a) "Certified burn manager" means a prescribed burn manager certified under RCW 76.04.183 or a prescribed fire burn boss certified under the national wildfire coordinating group standards.
(b) "Cultural fire practitioner" means a person approved by an Indian tribe as having experience in burning to meet cultural goals or objectives, including subsistence, ceremonial activities, biodiversity, or other benefits.
(c) "Department protected lands" has the same meaning as in RCW 76.04.005.
(d) "Indian tribe" has the same meaning as in RCW 43.376.010.
(9) This section expires June 30, 2033.