Changes in Regulations to Deal with Forests and Fires

With extreme heat, wildfires, and drought conditions prevalent across the state managing forests is an increasing challenge.  Legislation has been introduced to help deal with the clean-up of damaged forest lands and manage controlled burns in Washington. Additionally, the Washington State Department of Labor and Industries (L&I) filed emergency rules on July 16 to protect employees from wildfire smoke. 

 

The rules require employers to train employees about wildfire smoke, ensure that employees showing symptoms of wildfire smoke exposure are monitored and receive care and reduce exposure to wildfire smoke when feasible, according to L&I.  

 

The rules state that employers cannot retaliate against employees for seeking treatment for wildfire smoke. They also encourage employers to provide employees with respirators at no cost. Employees who work indoors, in cars with air filters and firefighters engaged in wildland firefighting are exempt from the new rules. 

 

Washington is just the second state to issue regulations regarding workers and wildlife smoke, according to L&I. The emergency rules were effective on the day they were enacted, but employers were given a brief grace period before enforcement began. L&I created the rules with stakeholder impact and by referencing California’s existing smoke rules. 

 

The most concerning hazard of smoke is the smallest smoke particles that are less than 2.5 micrometers, according to L&I. These particles can get deep in the lungs and worsen conditions like asthma, increase the risk of death and impact heart health. 

 

While workers will now receive some protection from the smoke, a new bill has been introduced to the House of Representatives by local U.S. Representative Kim Schrier and three other bi-partisan representatives to fund the clean up of damaged forest service lands.

 

On July 16, the National Forest Restoration and Remediation Act was introduced, according to a press release from Schrier’s office. The bill would fund forest cleanup by allowing the Forest Service to collect and keep the interest earned on settlement funds. 

 

Settlement funds are fines that are collected for damage and destruction of public lands, said Elizabeth Carlson, Communications Director for Congresswoman Kim Schrier. Settlement Funds are collected from bad actors who create a mining problem, wildfire, or other catastrophe on Forest Service lands.

 

When settlement funds go to agencies like the Department of the Interior (DOI) or Environmental Protection Agency, those funds go in a bank account and collect interest, said Schrier. The funds can then be used for clean-up projects within the agency. Most government organizations are permitted to use their own interest from settlement funds. 

 

However, when the Forest Service collects settlement funds, interest from those funds goes to the general fund, Schrier said, instead of back to the Forest Service. If the bill was passed, settlement funds could be used by the Forest Service within their own agency.

 

These funds could be used for fire prevention efforts like controlled burns or pulling out small diameter trees and brush, she said. The money could also be used for other forest restoration efforts. 

 

According to the Forest Service’s Inspector General’s report, if the forest service had had the ability to retain interest on settlements from 2015 to 2019, it would have received $7.6 million in funding for forest restoration work.  

 

Schrier is not sure when the bill will be passed, if ever. She is trying to fit the bill into a package that makes sense, like a public lands package or agricultural package, because most bills do not pass by themselves. 

 

“There's a lot of momentum around forest fire prevention and getting our forest service funded. And so, you know, I’m hoping that this will go through quickly,” she said.

 

In addition to the National Forest Service and Remediation Act, Schrier said she is in the process of introducing another bill to protect forests. The other bill, the National Prescribed Fire Act of 2021, would markedly expand the use of controlled burns and prescribed fires in the forests. 

 

The bill gives minimum amounts of acreage that need to be burned, Schrier said, and gives states incentives to get controlled burns done. Doing controlled burns can help communities to avoid devastating wildfires. 

 

It would take something like 70 years to take care of all the forest land we need to take care of, said Schrier. Forest service land cannot be maintained and forgotten about, instead it needs to be maintained regularly to prevent fires.

 

The National Prescribed Fires Act of 2021 would institute a $300 million account for the Forest Service and the DOI to plan, prepare, and conduct controlled burns, according to a press release from Schrier’s office.. 

 

Additionally, a $10 million collaborative program to implement controlled burns on county, state and private land at high risk of burning in a wildfire would be established, according to the release. The act would also establish a workforce development program for fire related jobs.

 

“Prescribed fire is one of the most important factors to achieve healthier forests and to minimize risks of catastrophic wildfire. I’m thankful to Congresswoman Schrier for helping to lead the way at the federal level to reduce our wildfire risk,” said Washington State Senator Brad Hawkins, District 12 in the release. 

 

Although neither the National Prescribed Fire Act of 2021 or the National Forest Restoration and Remediation Act have passed, both would increase management of forest service land and take efforts to reduce wildfires. With forest fires an annual threat to many Washington communities, it is important to have a preventative plan in place.