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Natural ResourcesForest Fire LegislationUpdated July 2003
AlaskaAK S.B. 204 "An Act relating to wildfires and other natural disasters." Describes the rights of residents of areas threatened by wildfires.
ArizonaAZ H.B. 2083 Addresses unplanned risk activities funding for the State Forester including wild land fire suppression and supplemental appropriations. AZ H.B. 2160 On request of the state forester, the governor may authorize the state forester to incur liabilities for suppressing wild land fires and responding to other unplanned all risk activities from unrestricted monies in the state general fund whether or not the legislature is in session. AZ H.B. 2479 Relates to forestry reports to the legislature concerning interdepartmental collaboration on wildfire prevention and suppression. AZ H.B. 2507 Makes it unlawful for any person, without lawful authority, to knowingly, recklessly, or with criminal negligence to set on fire any wild land other than the person's own, or to pass from their grounds to the grounds of another. AZ H.C.R. 2046 Calls for progressive new local government and federal agency forest restoration partnership programs to reduce fire risk and restore watershed health, especially in western conifer forests. Included in the resolution are three national forests in Arizona, New Mexico and Colorado. The partnership is designed to fully implement the direction from Congress and the Western Governors Association. AZ S.B. 1063 Relates to wildfires and reckless burning liability and provides for criminal penalties. AZ E.O. 12 Establishes the Forest Health Advisory Council. AZ E.O. 17 Directs all State agencies to comply with and contribute to implementation of the Fire Service Mutual Aid Plan; encourages adoption, usage and participation by fire departments. ArkansasAR H.B. 1662 Provides an appropriation for the State Forestry Commission for rural fire equipment. AR S.B. 274 Authorizes the Forestry Commission and fire crews under their direction or control to obtain water for suppressing wildfires.
CaliforniaCA A.B. 47 Requires the State Board of Forestry and Fire Protection to adopt regulations requiring information pertaining to cumulative impact analyses of timber operations to be included in a timber harvesting plan. CA A.B. 103 Existing law establishes the Department of Forestry and Fire protection within the Resources Agency. This bill would establish the department within the Office of the Governor. In addition, the bill makes conforming and other technical changes. CA A.B. 344 Authorizes the State Board of Forestry and Fire Protection to exempt from the Forest Practice Act the cutting and removal of trees to reduce the threat of wildfire if the removal satisfies certain conditions, including the limited removal of trees to areas identified as urban wildland interface communities in the vicinity of federal lands. CA A.B. 561 Requires the State Board of Forestry and Fire Protection to adopt regulations that define the term variable retention and specify which silvicultural practices and harvest methods are designed to maintain, enhance and restore structurally complex managed forests meet the variable retention requirement. CA A.B. 802 Requires the Air Resources Board to establish a program that requires each air pollution control and air quality management district to charge a fee for each authorization and permit to burn biomass. Permits the Department of Forestry and Fire Protection to enter into a cooperative agreement with the United States Forest Service to reduce forest fuels near communities to reduce fire risk and supplying biomass-to-energy facilities with wood fuels. CA A.B. 1216 Requires the State Fire Marshal, in consultation with the Director of Forestry and Fire Protection, to prepare regulations that provide for comprehensive space and structure defensibility from exterior fire penetration. CA A.B. 1748 Requires that all contracts entered into by the Department of Forestry and Fire Protection to retain the services of pilots to fly firefighting aircraft contain an express provision that if the pilot dies while performing his or her duties under the contract, eligible survivors, if any, of the pilot shall receive a one-time lump-sum benefit. Provides this legislation does not relieve a pilot's employer from certain Workers' Compensation requirements. CA A.B. 1821 Provides, except for damage or injury proximately caused by gross negligence or willful or wanton misconduct of the donor, no public employee or public entity, including, but not limited to a fire department, a fire protection district, or the Department of Forestry and Fire Protection, that donates fire protection apparatus or equipment to a volunteer fire department, fire protection district or fire company, is liable for any resulting injury or damage. CA A.B. 1983 Enacts the California Fuel Hazard Reduction Act to be administered by the Department of Forestry and Fire Protection. Encourages the development of wildland fuel reduction practices. Authorizes the Director of Forestry and Fire Protection to adopt regulations necessary to carry out the act. Requires the director to report annually. Establishes the Fuel Hazard Reduction Fund. CA A.B. 2234 Establishes the Cal Fire Agency within the State government under the direction of an Executive Director known as the Secretary of Cal Fire. Provides that the Cal Fire Agency is vested with all the duties, powers, purposes, responsibilities and jurisdiction vested in the Department of Forestry and Fire Protection. CA A.B. 2381 Provides that the law relating to nonagricultural burning does not limit authority granted by other provisions of the law for a public officer to set or permit a fire for fire hazard prevention when the fire is immediately necessary and there is no reasonable alternative to the burning if best management practices are used. CA A.B. 2505 Existing law authorizes the Department of Forestry and Fire Protection, for the prevention and suppression of forest fires, to enter into cooperative agreements with any entity that own or controls any forest, brush, grass, or grain lands. This bill would authorize the department to enter into a contract with a federally recognized Indian tribe, for the purpose of providing emergency services on the tribe's land. The bill would require that any contract with an Indian tribe include provisions for reimbursing the department for its actual costs of providing the emergency services, plus an administrative fee. CA A.B. 2697 Makes a legislative declaration that state law should permit the Director of Forestry and Fire Protection, when a county's firebreak standards are greater than the statewide standards, to impose the county's standards on buildings and structures located on state responsibility lands in the county. CA A.B. 2993 Requires the State Board of Forestry and Fire Protection, and the Department of Forestry and Fire Protection, to establish a working group to identify potential incentives for landowners to implement pre-fire activities in State responsibility areas and urban wildlife interface communities. In addition, the State Board of Forestry and Fire Protection is responsible for identifying all federal, State, or local programs, private programs or any other programs requiring a cost share that involves pre-fire activities. CA A.C.R. 112 Recognizes and commends the bravery and selflessness of the firefighters of the Department of Forestry and Fire Protection and expresses appreciation for their continued service and dedication to the residents of the state. CA S.B. 3C Appropriates a set amount from the Public Buildings Construction Fund to the Department of Forestry and Fire Protection in addition to other agencies and state entities. CA S.B. 8 Requires the Department of Forestry and Fire Protection to implement a program to mitigate the threat of fires posed by dead and dying trees in State responsibility areas near or enclosed by the Angeles, San Bernardino, or Cleveland National Forest, resulting from drought condition and pest infestation. Establishes the California Fire Prevention Task Force to provide to the department advice and recommendations. CA S.B. 8C Makes performance by inmates and wards in camps relating to forest fire prevention and control under the California Conservation Camp program resulting in 2 days of worktime credit for every one day worked. CA S.B. 199 Authorizes Director of Forestry and Fire Protection to enter into an agreement with, or provide loans to, a local government entity or nonprofit organization to assist in the development of cooperative forest management and would require the director to base the agreement on sustainable forest practices and resources conservation. CA S.B. 1568 Requires the Department of Forestry and Fire Protection to station at least 2 air tankers in southern California year-round for the purpose of providing service for the prevention and suppression of fires. CA S.B. 2020 Requires the Department of Forestry and Fire Protection to station at least 2 air tankers and one air tactical aircraft year-round at a department airbase in southern California. Requires the department to maintain the aircraft and airbase in a state of firefighting readiness. CA A.J.R. 4 Memorializes the U.S. Forest Service, the Congress, and the President of the United States to promote a reliable and adequate biomass waste fuel supply. Memorializes the U.S. Forest Service, Bureau of Land Management, National Park Service, and the Environmental Protection Agency to recognize environmental benefits including improved air quality, decreased global warming gases, and reduced threat of catastrophic forest fires that energy production from biomass waste can provide. CA A.C.R. 113 Recognizes and commends the bravery and selflessness of the firefighters of the California Department of Forestry and Fire Protection. Expresses appreciation for their continued service and dedication to the citizens of California. CA E.O. 41 Orders the California Department of Forestry and Fire Protection to secure and deploy additional resources as needed to prevent and reduce losses to the state from wildfires including specified actions. Assigns a minimum crew of four firefighters to 180 fire engines, reopens previously closed lookout towers with 24 hour staffing, secures by lease a Forward Looking Infra Red aircraft enabling CDF to employ state of the art firefighting and other firefighter recruitment plans. CA E.O. 58 Requires the California Department of Forestry and Fire Protection to secure and deploy additional resources as needed to protect the safety of persons and property from wildfires during the 2002 fire season. CA E.O. 69 Orders the California Division of Forestry and other agencies involved in fighting forest fires to prepare in specified ways for the upcoming fire season in California's forests. ColoradoCO H.B. 1018C Concerns the expansion of local government powers to mitigate the effects of wildfires. Creates a ban on open fires and may include a prohibition on the sale of fireworks within those portions of the unincorporated areas of the county where the danger of forest or grass fires has been found to be high based on competent evidence. CO H.B. 1025C Concerns the creation of a Wildfire Emergency Response Fund and makes an appropriation in connection therewith. CO S.B. 10C Concerns job security for Colorado employees who enlist through the national interagency fire center to assist in fighting wildland fires in times of extreme need. CO S.B. 15C Provides relief to small businesses, family agricultural operations, and local governments that have been negatively affected by drought or wildfires. CO S.B. 17C Concerns land use regulation of areas with a recognized risk of wildfires. CO H.R. 1002C Concerns the mitigation of the threat of wildfires in national forests through the removal of dead fuel. CO H.J.R. 1016 Concerns using federal land management agencies to work with the appropriate state agencies in Colorado to establish an immediate plan of action to improve unnatural forest conditions in the state in order to reduce the threat of wildfires. CO H.J.R. 1020 Concerns support for administrative procedures that would enable increased forest management to help reduce the risk of catastrophic wild fires. CO S.J.R. 1C Concerns the mitigation of wildfire risks to communities in the wildland-urban interface. CO E.O. 10 Declares a Disaster Emergency due to the occurrence of wildfires and the imminent threat of addition wildfire activity due to drought conditions. CO E.O. 13 Declares a statewide disaster emergency due to wildfires and ordering to state active duty certain elements of the Colorado National Guard. CO E.O. 18 Concerns the statewide disaster emergency due to wildfires and the open burning ban; amends Executive Orders D 014 02, D 015 02 and D 016 02. CO E.O. 19 Concerns the statewide disaster emergency due to wildfires and the open burning ban; amends Executive Orders D 014 02, D 015 02 and D 016 02.
FloridaFL E.O. 59 Declares that the danger of wildfires now threatens the State with a major disaster, and that as dry weather conditions continue to worsen this danger will escalate. Finds that it is necessary to give the Division of Forestry the operational authority o meet this danger with all the firefighting resources the State has at its disposal. Delegates to the Division of Emergency Management the authority to coordinate the assignment of firefighting support missions. FL E.O. 202 Emergency management due to wildfires.
IdahoID H.B. 69 Appropriates additional funds to the Department of Lands for the Forest and Range Fire Protection Program for fiscal year 2001. ID H.B. 85 States that it is the duty of either the Attorney General or the prosecuting attorney of the county where the action lies to prosecute all actions for the recovery of penalties and costs incurred by the Director of the Department of Lands or the fire warden of any forest protective district under the Idaho Forest Protective Act. ID H.B. 418 Relates to forest protection. Increases the maximum cost of patrol and protection provided by the Director of the Department of Lands for certain private owners. Increases the surcharge levied and assessed for certain land to defray costs associated with fire suppression. ID H.B. 435 Appropriates additional funds to the Department of Lands for the Forest and Range Fire Protection Program for the fiscal year 2002. ID H.J.M. 12 Requests that the U.S. Congress fully support the Healthy Forest Initiative and individual proposals of the United State Department of Agriculture and Interior. ID S.J.M. 104 States findings of the Legislature. Urges federal land management agencies to work closely with the states and local governments to implement a cohesive strategy to reduce the overabundance of forest fuels.
KansasKS H.B. 2326 Concerns the Kansas Forest Service. Provides for master fire protection planning and the development and implementation of countywide master fire protection plans.
KentuckyKY S.B. 273 Specifies burning forest land is a Class D felony and that if a person other than the defendant suffers serious physical injury as a result of the fire or firefighting that it is a Class A felony. Requires restitution for crimes both inside the penal code and elsewhere in the State Revised Statutes.
MaineME S.B. 368 Adjusts the computation of the Forest Fire Suppression Tax to reflect the threshold that was established in 1991 for the years after 1996.
MassachusettsMA S.D. 740 Relates to wildfire team and job security. MinnesotaMN E.O. 14 Orders to state active duty on or about May 31, 2002, in the service of the State, such personnel and equipment of the military forces of the State as required and for such period of time as necessary to assist and support wildfire suppression throughout the State of Minnesota.
MontanaMT H.B. 260 Increases fire hazard reduction agreement fees for the benefit of the Forestry Extension Service Account. MT H.B. 599 Provides an exemption from the fire hazard reduction agreement and bond unless the person claiming to have created a minimum slash hazard fails to comply with the provisions relating to minimum slash hazards. MT H.B. 648 Establishes a property tax on structures that are within wildland-urban interface area and at risk form wildland fire destruction. Provides that the proceeds of the tax be used for wildland fire suppression and county land use planning. Establishes the criteria for designating certain improvements as subject to the property tax. MT S.B. 269 Declares disaster in national forests to empower counties to remove fire damage. MT H.J.R. 21 Relates to wildland open burning. Requests that the Department of Environmental Quality conduct a collaborative process study to address issues regarding the need to balance the necessary management of forest fuels with the air quality concerns resulting from prescribed wildland open burning. Provides solutions to the legislature. MT H.J.R. 22 Urges the reduction of an overabundance of forest fuels. MT H.J.R. 28 Encourages county planners or their equivalent to develop consensus potential legislation for introduction in the 58th Legislature that addresses the need for counties to identify wildland-residential interface areas and to adopt ordinances to address these areas. Encourages federal land management agencies to manage vegetation on land under their jurisdiction to reduce the risk of stand-replacing fires. MT E.O. 23 Proclaims an emergency exists in fire zones one, two, three B, three C, and four affecting Lincoln, Flathead, Sanders, Lake, Mineral, Missoula, Powell, Ravalli, Granite, Deer Lodge, Silver Bow, Beaverhead, Madison, Lewis & Clark, Jefferson, Broadwater, Meager, Gallatin, and Park Counties due to dangerous fire conditions. MT D. 966 Replaces the special levies for hail insurance, livestock predator control, and forest fire protection with fees. Provides for the collection of the fees by the Department of Revenue. MT D. 1206 Provides an exemption from the fire hazard reduction agreement and bond unless the person claiming to have created a minimum slash hazard fails to comply with the provisions relating to minimum slash hazards. MT D. 1243 Encourages county planners or their equivalent to develop consensus potential legislation for introduction in the 58th Legislature that addresses the need for counties to identify wildland-residential interface areas and to adopt ordinances to address these areas. Encourages federal land management agencies to manage vegetation on land under their jurisdiction to reduce the risk of stand-replacing fires. MT D. 1354 Establishes a property tax on structures that are within wildland-urban interface area and at risk form wildland fire destruction. Provides that the proceeds of the tax be used for wildland fire suppression and county land use planning. Establishes the criteria for designating certain improvements as subject to the property tax.
NebraskaNE L.R. 141 Provides that the Appropriations Committee of the Legislature shall be designated to conduct an interim study which shall include an analysis of funding requirements necessary to preserve, the Forest Service core programs of rural fire control, rural forestry assistance, community forestry and forest pest management.
New HampshireNH H.B. 398 Provides that in all towns and cities with an organized fire department, the fire chief shall assume the responsibilities of the office of forest fire warden, and shall have authority to delegate such responsibilities to qualified individuals. NH H.B. 614 Requires the state to pay the total expense of fighting forest and brush fires on any state owned park or forest land. NH H.B. 1339 Relates to the officers of forest fire warden and deputy forest fire warden. NH L.S.R. 131 Requires the state to underwrite the total expense of fighting forest and brush fires on state-owned park or forestland in any city or town.
New JerseyNJ A.B. 1877 Provides budget authority for supplementary funds for forest fire funding to the State Forest Fire Service. NJ A.B. 2719 Requires at least one member of the Pinelands Commission to possess training knowledge, or experience in wildfire management or fire safety. NJ A.B. 2771 Requires the Pinelands Commission to include the recommendations of the New Jersey Forest Fire Service for protecting property from wildfire in all its future publications. NJ A.B. 2844 Concerns fire management and fire education in the pinelands area. NJ A.R. 210 Encourages the creation of Pinelands Municipal Fire Safety Committees. NJ A.R. 211 Encourages the creation of Pinelands Municipal Fire Safety Committees. NJ S.B. 671 Appropriates funds to the New Jersey Forest Fire Service. Provides the funds to hire additional employees, purchase new fire trucks, bulldozers and plows, and increase the maintenance on existing vehicles and equipment. NJ S.B. 1922 Requires the Pinelands Commission to include the recommendations of the New Jersey Forest Fire Service for protecting property from wildfire in all its future publications. NJ S.B. 1952 Concerns fire management and fire education in the pinelands area.
New MexicoNM H.B. 209 Creates the Fire Planning Task Force to work with local governments in developing minimum standards for building codes and ordinances that will reduce the threat of forest fires. NM S.B. 1 Declares a disaster in certain areas of the national forests in New Mexico; uses the police power of the state to empower county boards of commissioners to take actions necessary for clearing and thinning undergrowth and for removing and logging fire-damaged trees. NM S.B. 148 Creates the fire planning task force to work with local governments in developing minimum standards for building codes and ordinances that will reduce the threat of forest fires. NM S.B. 401 Relates to Bosque fire prevention in the Middle Rio Grande bosque. NM S.B. 711 Exempts prescribed fires conducted by the state forester from the Air Quality Control Act.
New YorkNY A.B. 109
Provides that the Parks Commissioner may not remove, sell, exchange, harvest or destroy timber, trees and forest products on state park lands, or permit others to do so, except for the safety of park visitors, the construction or maintenance of park-related facilities or the control of diseases, infestation or fire. NY A.B. 1294 Provides that within the Adirondack Park a county will not be liable for forest fire expenses incurred in connection with the fighting of fires within the park. NY A.B. 4402 Provides that within the Adirondack Park a county will not be liable for forest fire expenses incurred in connection with the fighting of fires within the park. NY S.B. 1053 Provides that within the Adirondack Park a county will not be liable for forest fire expenses incurred in connection with the fighting of fires within the park. NY S.B. 1414 Provides that within the Adirondack Park a county will not be liable for forest fire expenses incurred in connection with the fighting of fires within the park.
North CarolinaNC H.B. 371 Provides that pickup firefighters of the division of forest resources, department of environment and natural resources, are eligible for compensation under the workers' compensation act. NC S.B. 299 Provides that pickup firefighters of the Division of Forest Resources, Department of Environment and Natural Resources are eligible for compensation under the Workers' Compensation Act.
OklahomaOK S.B. 522 Relates to agriculture; provides penalties for deliberate setting of agricultural, prairie, and forest fires.
OregonOR H.B. 2196 Requires the state forester to enter into contracts for fire emergencies. OR H.B. 2200 Exempts forest protective associations, rangeland protection systems and public bodies from liability for certain fire protection actions. OR H.B. 2202 Defines unprotected land for purposes of fire abatement. Specifies that uncontrolled fire or unprotected land is a public nuisance. Allows the forester to attack or control fire on unprotected land and bill the owners of unprotected land for the actual costs of fire suppression. OR H.B. 2301 Increases the reserve base of the Oregon Forest land Protection Fund. Directs that the insurance premium for the Emergency Fire Cost Committee for costs payable by the fund be paid out of the General Fund appropriation to the committee. OR H.B. 2344 Directs the Oregon Department of Administrative Services to adopt statewide policies that direct state agencies to immediately begin efforts to harvest burned timber. OR H.B. 3152 Directs the State Forestry Department to enter into long term stewardship contracts to provide forest fire fuel elimination services and forest health programs within state forests. OR S.J.M. 2 Urges federal agencies to adopt certain policies regarding the fighting of forest fires. Commends the expression of support for federal, state and local agency cooperation in preventing and fighting forest fires. Urges the United States Department of Agriculture's Forest Service to cooperate with state and local entities to salvage timber in the Biscuit fire region while encouraging them to fund reforestation and economic renewal in the Biscuit Fire Region. OR E.O. 5 Mobilizes fire resources statewide. Coordinates with Fire Defense Chiefs for the use of personnel and equipment to suppress and contain fire in Jefferson County. OR E.O. 6 Declares a wildland fire emergency exists statewide. Directs the State Fire Marshal and the Office of Emergency Management to coordinate to prevent damage from the emergency.
South DakotaSD H.B. 1047 Authorizes a system for the collection, accounting, and reimbursement of normal and extraordinary structural fire protection efforts resulting from wildfire. SD H.B. 1146 Creates the position of state wildland fire coordinator. Transfers fire suppression activities from the state forester to the state wildland fire coordinator. SD H.B. 1278 Authorizes the state to join an interstate compact for the prevention and control of forest fires. SD S.C.R. 3 Requests the forest service to address the forest health and wildfire risk crisis facing the Black Hills.
TennesseeTN H.B. 32 Redefines "natural emergency" to specifically include forest fires, hurricanes and tornadoes. TN H.B. 906 Redefines "natural emergency" to specifically include forest fires, hurricanes and tornadoes. TN H.B. 2502 Relates to the provision of fire protection on privately owned forestlands. TN S.B. 1217 Redefines "natural emergency' to specifically include forest fires, hurricanes and tornadoes. TN S.B. 2928 Relates to the provision of fire protection on privately owned forestlands. Urges a study of alternative cost recovery methodologies relative to providing forest protection services on private forestland.
UtahUT H.B. 144 Relates to the Forest Practices Act. Modifies the provisions related to the Division of Forestry, Fire and State lands. Enacts the Utah Forest Practices Act. UT E.O. 5 Declares a State of Emergency because of fire danger. UT E.O. 6 Declares a State of Emergency because of fire danger. UT E.O. 7 Declares a State of Emergency because of fire danger.
VirginiaVA H.B. 615 Authorizes the State Forester to employ temporary forest wardens to extinguish fires in the Commonwealth. VA H.B. 2087 Relates to fire and rescue zones. Provides that any property that has qualified for an agricultural or forestall use value assessment shall not be included within a fire and rescue zone and shall not be subject to a tax assessed in such a zone.
WashingtonWA H.B. 1014 Preserves appropriated funds and interest earned in the landowner contingency forest fire suppression account. WA H.B. 1061 Relates to funding for forest fire protection. WA H.B. 2104 Provides equitable funding to ensure that there will be a sufficient number of firefighters to forest fires as they occur. WA S.B. 5176 Relates to providing wildland fire fighting training. WA S.B. 5217 Relates to forest fire protection assessments. WA S.B. 5447 Relates to funding for forest fire protection. WA S.B. 5499 Modifies the forest fire protection assessment and refund process. WA S.B. 6825 Concerning forest fire protection assessments. WA H.R. 4655 Implements a cohesive strategy to reduce the overabundance of forest fuels that place these resources at high risk of catastrophic wildfire. WA H.R. 4664B Supports a cohesive intergovernmental strategy at all levels for the purpose of protecting the integrity and posterity of our forests and wildlands, wildlife habitat, watershed, air quality, human health and safety, and private property and to reduce the overabundance of forest fuels that place these resources at high risk of catastrophic wildfire.
West VirginiaWV H.B. 4310 Increases penalties for discarding lighted material, failing to extinguish a fire built in or adjacent to a road, field, or forest land. Allows the state fire marshal to enforce this section.
WisconsinWI A.B. 12 Relates to the educational requirements for foresters employed by the Department of Natural Resources and persons authorized to designate trees for cutting in state forests. WyomingWY H.J.R. 6 Requests the United States Forest Service and all federal land management agencies to implement the Western Governors Association (WGA) Collaborative 10 Year Strategy for Reducing Wildland Fire Risks to Communities and the Environment; prepares a National Prescribed Fire Strategy that minimizes risks of escape.
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