CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE HOUSE BILL 1168
Chapter 298, Laws of 2021
67th Legislature
2021 Regular Session
FOREST HEALTH AND WILDFIRES—VARIOUS PROVISIONS
EFFECTIVE DATE: July 25, 2021
Passed by the House April 22, 2021 CERTIFICATE
Yeas 97 Nays 0
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is SECOND
Representatives SUBSTITUTE HOUSE BILL 1168 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate April 9, 2021
Yeas 49 Nays 0
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved May 13, 2021 11:45 AM FILED
May 13, 2021
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SECOND SUBSTITUTE HOUSE BILL 1168
AS AMENDED BY THE SENATE
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By House Appropriations (originally sponsored by Representatives
Springer, Kretz, Fitzgibbon, Griffey, Riccelli, Lekanoff, Ramos,
Callan, Harris-Talley, Dent, and Klicker)
READ FIRST TIME 02/19/21.
1 AN ACT Relating to long-term forest health and the reduction of
2 wildfire dangers; amending RCW 76.06.200, 76.06.150, and 72.64.160;
3 adding new sections to chapter 76.04 RCW; adding a new section to
4 chapter 76.13 RCW; and creating new sections.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 NEW SECTION. Sec. 1. FINDINGS AND DETERMINATIONS. (1) Over the
7 last decade, forestland and rangeland wildfires have grown larger and
8 increased in intensity and destructiveness throughout Washington
9 state. The annual acres burned in our state illustrates this alarming
10 trend. In the 1990s, an average of 86,000 acres burned annually. In
11 the 2000s, the average annual acres burned increased to 189,000. In
12 the last five years, the annual average grew to more than 488,000
13 acres burned. This trajectory of escalation continued last year, with
14 wildfires burning more than 812,000 acres.
15 (2) Recent wildfires have devastated state, federal, tribal, and
16 private lands, destroyed homes and property, and taken lives. These
17 fires have also released greenhouse gases, destroyed critical fish
18 and wildlife habitat, filled our skies with harmful smoke, polluted
19 our waters, damaged our economy, increased the risk of flooding and
20 landslides, created a critical need for reforestation, and threatened
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 1 the natural resources needed for essential industries and rural
2 economies.
3 (3) Catastrophic wildfires have significant negative impacts on
4 fish and wildlife habitat, including the loss and degradation of
5 places to shelter and feed, water quality and quantity, and soil
6 nutrients. Washington's fish and wildlife are part of a fire-adapted
7 landscape, but catastrophic wildfires threaten their health and
8 recovery.
9 (4) The increase in these uncharacteristic wildfires are the
10 result of a combination of climate change-driven drought, hotter
11 temperature, and windstorms; human development patterns and land use
12 planning and activities; and where uncharacteristic fires occur in
13 forests, by past fire suppression and departures from native
14 ecosystem structure and function. Uncharacteristic wildfire risk is
15 addressed through scientifically informed landscape-level treatments
16 designed to restore forest ecosystem and watershed resilience.
17 (5) Wildfires result in significant greenhouse gas emissions.
18 Wildfires have become one of the largest sources of black carbon in
19 the last five years. From 2014-2018, wildfires in Washington state
20 generated 39.2 million metric tons of carbon, the equivalent of more
21 than 8.5 million cars on the road a year. In 2015, when 1.13 million
22 acres burned in Washington, wildfires were the second largest source
23 of greenhouse gas emissions, second only to transportation.
24 (6) The legislature has recognized our forests, as well as the
25 manufacturing and utilization of wood products, as a natural carbon
26 solution and critical component of our state's carbon reduction
27 strategy pursuant to chapter 120, Laws of 2020. Uncharacteristic
28 wildfires threaten the ability of our forests to sequester carbon,
29 and they threaten the stability and long-term viability of our forest
30 products industry.
31 (7) The Washington state department of natural resources' 20-year
32 forest health strategic plan and climate risk assessment finds that
33 carbon emissions from wildfires are anticipated to increase if there
34 is no change in forest management practices. Unless the state
35 significantly increases active forest management across land
36 ownerships to reduce the risk and intensity of wildfires, wildfire
37 emissions will erode efforts to achieve our state's greenhouse gas
38 emissions reduction goals. In addition to reducing fuel loads, many
39 effective forest health treatments retain and restore older, large
40 fire-resilient trees across the landscape that play an important role
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 1 in carbon sequestration, enhancing climate resilience and ecosystem
2 services, and mitigating climate change.
3 (8) Wildfires inflict huge costs to the state budget, the budgets
4 of partner agencies, and our economy. From 2014-2019, agencies in
5 Washington annually spent nearly $150 million fighting wildfires. In
6 2015, firefighting costs were more than $342 million. In 2019,
7 firefighting costs were more than $172 million. And suppression costs
8 are only a small portion of the full economic impact. According to a
9 2018 report by the nonprofit headwater's economics, suppression costs
10 account for only nine percent of the total cost of wildfires when
11 factoring in disaster recovery, lost business, lost infrastructure,
12 and timber damage, and public health impacts.
13 (9) Over one-half of Washington is forested, providing
14 significant environmental and economic value. Over $4,900,000,000 in
15 wages and $200,000,000 in taxes are paid by the forest products'
16 sector each year. Opportunities exist to boost our rural economies
17 through wildfire preparation and preparedness that maintain and
18 attract private sector investments and employment in rural
19 communities.
20 (10) Wildfires are significant threats to life and property. Over
21 the last five years, wildfires in Washington have taken five lives,
22 including four firefighters and the life of a one-year old boy. In
23 2020 alone, 298 homes were destroyed by wildfires in our state. More
24 than 1,100 homes have been destroyed this decade. Communities in
25 every corner of Washington have felt the impact and devastation of
26 flames and smoke. In 2020, the town of Malden, Washington was forever
27 scarred by rangeland wildfire. Approximately 80 percent of the town's
28 structures burned down in the Babb Road fire, including the city
29 hall, post office, and fire station.
30 (11) Wildfire smoke has significant negative impacts on public
31 health. For the second time in the last three years, Washington state
32 had the worst air quality in the world due to wildfires. Communities
33 in every corner of the state felt the impact. Exposure to particulate
34 matter in wildfire smoke has been associated with a wide range of
35 damaging health effects. The particulates in this smoke make those
36 breathing the air wheeze, cough, shorten their breath, and experience
37 sore eyes and throats, diminishing health and quality of life. Other
38 adverse health outcomes are more severe, including increases in
39 asthma-related hospitalizations, chronic and acute respiratory and
40 cardiovascular health problems, and premature death.
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 1 (12) Historical forest management, legacy wildfire suppression
2 responses, and a rapidly changing climate have increased the risk of
3 catastrophic wildfires throughout the state. It is the policy of the
4 state to encourage prudent and responsible forest resource management
5 to maintain the health of forests and ecosystems in Washington state.
6 Increasing the pace and scale of forest restoration through fuel
7 reduction, thinning, and the use of prescribed fire on federal,
8 state, tribal, and private lands pursuant to the 20-year forest
9 health strategic plan, the wildland fire protection 10-year strategic
10 plan, and RCW 79.10.520 will reduce the risk of catastrophic
11 wildfires.
12 (13) In 2020, more than 1,300,000 acres of national forest system
13 land in eastern Washington were considered in need of treatments to
14 restore forest health and reduce the risk of wildfire hazard
15 potential. Many of these lands are adjacent to populated communities,
16 private lands, and state trust lands.
17 (14) In 2020, 166,000 acres of department of natural resources'
18 land and 74,000 acres of other state-owned lands in eastern
19 Washington were in need of forest health treatment. These forestlands
20 provide critical fish and wildlife habitat, natural and cultural
21 resources, recreation, raw materials for the forest industry, and
22 funding for counties and schools. From 2011-2020, 102,700 forested
23 acres of department of natural resources' managed trust lands have
24 burned.
25 (15) Tribal lands and communities have been significantly
26 impacted by wildfires and unhealthy forests. Approximately 494,000
27 acres of tribal lands in eastern Washington need forest health
28 treatments. These forestlands provide critical fish and wildlife
29 habitat, natural and cultural resources, and economic opportunities.
30 (16) Washington state has nearly eight million acres of private
31 forestlands. Forested acres are declining statewide with a loss of
32 394,000 acres between 2007 and 2019. Small forestland owners account
33 for 15 percent of total forest acres. Small forestland owner forested
34 acres declined 3.7 percent from 2,990,000 acres in 2007 to 2,880,000
35 million acres in 2019. The number of small forestland owners
36 increased 8.5 percent from 201,000 in 2007 to 218,000 in 2019. The
37 number of small forestland owner parcels increased 2.1 percent from
38 256,500 to 261,800. This rapid land use change creates significant
39 challenges for implementing forest health and wildfire response
40 actions in the wildland urban interface. In eastern Washington alone,
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 1 approximately 288,000 acres owned by small forestland owners are in
2 need of immediate forest health treatment. These forestlands provide
3 critical raw materials for the forest industry, rural economic
4 opportunities, fish and wildlife habitat, cultural resources, and
5 recreation. A coordinated interagency response is needed to address
6 the multifaceted challenge posed by increasing parcelization, forest
7 fragmentation, loss of economic viability, and changes in landowner
8 assistance needs.
9 (17) The legislature finds that increasing the pace and scale of
10 science-based forest health activities to reduce hazardous fuels and
11 restore fire resilient forests, including through mechanical thinning
12 and prescribed burning, on federal, state, tribal, and private lands,
13 will reduce the risk and severity of wildfires, protect cultural and
14 archaeological resources, improve fish and wildlife habitat, expand
15 recreational opportunities, protect air and water quality, create
16 rural economic opportunities, provide critical wood products, and
17 increase long-term carbon sequestration on our natural resource
18 lands.
19 (18) Increased development in the wildland urban interface has
20 also increased the number of people living in areas that are at risk
21 of wildfire. In Washington, over 2,000,000 homes are currently at
22 risk of wildfire. Communities and homeowners can take actions that
23 reduce the risk of loss in the event of wildfire including, but not
24 limited to, home hardening, creating defensible space, and building
25 potential control lines or strategic fuel breaks.
26 (19) Long-term, sustainable investment in wildfire response,
27 forest restoration, and community resilience is of utmost importance
28 to the health and safety of our environment, our economy, our
29 communities, and the well-being of every resident.
30 (20) It is the intent of the legislature to take immediate action
31 to fully fund the wildland fire protection 10-year strategic plan.
32 Strategies to accomplish these goals include, but are not limited to:
33 (a) Upgrading our capability to attack wildfires with critical
34 air and ground resources;
35 (b) Providing needed wildfire resources to state wildfire
36 response and local fire service districts;
37 (c) Working with each state utility, local publicly owned
38 electric utility, and electrical cooperative to reduce wildfire risk
39 and develop consistent approaches and shared data related to fire
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 1 prevention, safety, vegetation management, and energy distribution
2 systems; and
3 (d) Improving wildfire detection in areas at risk of wildfire
4 through new technologies and equipment.
5 (21) Furthermore, it is the intent of the legislature to take
6 immediate action to increase the pace and scale of forest management
7 across different land ownerships and fully fund the 20-year forest
8 health strategic plan and activities developed to facilitate
9 implementation of the Washington state forest action plan. Strategies
10 to accomplish these goals include, but are not limited to:
11 (a) Restoring to health a minimum of 1,250,000 acres of
12 forestland in need of immediate action to become more resilient and
13 improve watershed health;
14 (b) Increasing prescribed fire and other fuel reduction projects
15 through proven forestry practices and the operation of prescribed
16 fire crews;
17 (c) Establishing potential control lines and strategic fuel
18 breaks around communities with high wildfire risk;
19 (d) Increasing funding for the small forestland owner office for
20 technical assistance and support for small forestland owners and
21 funding an integrated small forestland owner forest health program in
22 support of extending management and control of wildfire from homes
23 through the wildland urban interface to small forestland owner
24 holdings; and
25 (e) Monitoring forest health conditions and effectiveness of
26 treatments throughout the state, including ecological function and
27 reducing catastrophic wildfires.
28 (22) Furthermore, it is the intent of the legislature to take
29 immediate action to help communities become more resilient to
30 wildfire. Strategies to accomplish these goals include, but are not
31 limited to:
32 (a) Increasing funding for cost share programs for home
33 hardening, fuels reduction, and community resilience programs in
34 communities at risk of wildfire;
35 (b) Reducing wildfire risk to wildland urban interfaces; and
36 (c) Ensuring our state's most vulnerable populations are not
37 disproportionately burdened by the impact and consequences of
38 wildfire.
39 (23) The legislature intends to provide $125,000,000 per biennium
40 over the next four biennia for a total of $500,000,000 and that these
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1 investments will help protect the state's people, environment, and
2 economy.
3 NEW SECTION. Sec. 2. WILDFIRE RESPONSE, FOREST RESTORATION, AND
4 COMMUNITY RESILIENCE ACCOUNT. (1) The wildfire response, forest
5 restoration, and community resilience account is created in the state
6 treasury. All receipts from moneys directed to the account must be
7 deposited in the account. Moneys in the account may be spent only
8 after appropriation. Expenditures from the account may be used only
9 for carrying out the purposes of this act and for no other purposes.
10 (2) Expenditures from the account may be made to state agencies,
11 federally recognized tribes, local governments, fire and conservation
12 districts, nonprofit organizations, forest collaboratives, and small
13 forestland owners, consistent with the 20-year forest health
14 strategic plan, the wildland fire protection 10-year strategic plan,
15 and the Washington state forest action plan.
16 (3) The wildfire response, forest restoration, and community
17 resilience account may only be used to monitor, track, and implement
18 the following purposes:
19 (a) Fire preparedness activities consistent with the go