Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 408 Second Substitute (2015GS)

Sponsor

Rep. Christofferson, K.

Final action

Governor Signed 3/31/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• states that a chief executive officer of a political subdivision or a county sheriff may determine that a catastrophic public nuisance exists;
• describes the criteria for determining whether a catastrophic public nuisance exists;
• describes the procedure for serving notice of the catastrophic public nuisance determination to the federal or state agency managing land; and
• authorizes a chief executive officer of a political subdivision or a county sheriff to abate a catastrophic public nuisance, under certain circumstances.

Every vote on this bill

Bill text

CATASTROPHIC WILDFIRE AND PUBLIC NUISANCE
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill addresses catastrophic public nuisances.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ states that a chief executive officer of a political subdivision or a county sheriff may
determine that a catastrophic public nuisance exists;
▸ describes the criteria for determining whether a catastrophic public nuisance exists;
▸ describes the procedure for serving notice of the catastrophic public nuisance
determination to the federal or state agency managing land; and
▸ authorizes a chief executive officer of a political subdivision or a county sheriff to
abate a catastrophic public nuisance, under certain circumstances.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
11-51a-101
, Utah Code Annotated 1953
11-51a-102
, Utah Code Annotated 1953
11-51a-103
, Utah Code Annotated 1953
11-51a-104
, Utah Code Annotated 1953
11-51a-201
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-51a-101
 is enacted to read:
CHAPTER 51a. CATASTROPHIC PUBLIC NUISANCE ACT
Part 1. General Provisions
 11-51a-101.
Title.
This chapter is known as the "Catastrophic Public Nuisance Act."
Section 2. Section 
11-51a-102
 is enacted to read:
 11-51a-102.
Definitions.
As used in this chapter:
(1) "Catastrophic public nuisance" means a condition on state or federal land where
natural resources and biota have been managed or neglected to such an extent as to cause:
(a) the threat of a catastrophic wildfire demonstrated by:
(i) stand density, basal area, or ground fuel load greater than 150% of land health
standards; or
(ii) an insect or disease infestation severe enough to threaten the mortality of at least
20% of the trees in the area; or
(b) a condition in the area that threatens the:
(i) quantity or quality of the public water supply of a political subdivision;
(ii) health, safety, or welfare of the citizens of a political subdivision;
(iii) air quality of a nonattainment area; or
(iv) vegetative resources required to support land health and authorized livestock
grazing.
(2) "Chief executive officer" means:
(a) for a municipality:
(i) the mayor, if the municipality is operating under a form of municipal government
other than the council-manager form of government; or
(ii) the city manager, if the municipality is operating under the council-manager form
of government;
(b) for a county:
(i) the chair of the county commission, if the county is operating under the county
commission or expanded county commission form of government;
(ii) the county executive officer, if the county is operating under the county-executive
form of government; or
(iii) the county manager, if the county is operating under the council-manager form of
government.
(3) "County sheriff" means an individual:
(a) elected to the office of county sheriff; and
(b) who fulfills the duties described in Subsection 
17-22-1.5
(1).
(4) "Federal agency" means the:
(a) United States Bureau of Land Management;
(b) United States Forest Service;
(c) United States Fish and Wildlife Service; or
(d) National Park Service.
(5) "Federally managed land" means land that is managed by a federal agency.
(6) "Political subdivision" means a municipality or county.
Section 3. Section 
11-51a-103
 is enacted to read:
 11-51a-103.
Declaration of catastrophic public nuisance -- Authority to declare
and demand abatement.
(1) The chief executive officer of a political subdivision or a county sheriff may
determine that a catastrophic public nuisance exists on land within the borders of the political
subdivision.
(2) In evaluating whether a catastrophic public nuisance exists, the chief executive
officer of a political subdivision or a county sheriff may consider:
(a) tree density and overall health of a forested area, including the fire regime condition
class;
(b) insect and disease infestation, including insect and disease hazard ratings;
(c) fuel loads;
(d) forest or range type;
(e) slope and other natural characteristics of an area;
(f) watershed protection criteria;
(g) weather and climate; and
(h) any other factor that the chief executive officer of a political subdivision or a
county sheriff reasonably considers to be relevant, under the circumstances.
(3) Except as provided in Section 
11-51a-104
, upon making the determination
described in Subsection (1), the chief executive officer of a political subdivision or a county
sheriff shall after consultation with the attorney general:
(a) serve notice of the determination described in Subsection (1), by hand or certified
mail, on the federal or state agency that manages the land upon which the catastrophic nuisance
exists; and
(b) provide a copy of the determination that is served under Subsection (3)(a) to the
governor, the attorney general, and if the catastrophic public nuisance exists on federally
managed land, the state's congressional delegation.
(4) The notice described in Subsection (3)(a) shall include:
(a) a detailed explanation of the basis for determination that a catastrophic public
nuisance exists on the land in question;
(b) a demand that the federal or state agency formulate a plan to abate the catastrophic
nuisance; and
(c) a specific date, no less than 30 days after the day on which the notice is received, by
which time the federal or state agency that manages the land shall:
(i) abate the catastrophic public nuisance; or
(ii) produce a plan for mitigating the catastrophic public nuisance that is reasonably
acceptable to the county or subdivision.
(5) The chief executive officer of a political subdivision or a county sheriff may enter
into a plan with the relevant federal or state agency, or both, to abate the catastrophic public
nuisance.
(6) If, after receiving the notice described in Subsections (3)(a) and (4), the federal or
state agency does not respond by the date requested in the notice or otherwise indicates that the
federal or state agency is unwilling to take action to abate the catastrophic public nuisance, the
chief executive officer of a political subdivision or a county sheriff shall consult with the
county attorney and attorney general.
Section 4. Section 
11-51a-104
 is enacted to read:
 11-51a-104.
Emergency abatement of a catastrophic public nuisance.
(1) If a chief executive officer of a political subdivision or a county sheriff determines
that a public nuisance exists on federally managed land, pursuant to Subsection 
11-51a-103
(1),
and the chief executive officer of a political subdivision or the county sheriff also finds that the
catastrophic public nuisance in question adversely affects, or constitutes a threat to, the public
health, safety, and welfare of the people of the political subdivision, the chief executive officer
of the political subdivision or the county sheriff may, after consulting with the attorney general,
pursue all remedies allowed by law.
(2) In seeking an emergency abatement of a catastrophic public nuisance, a chief
executive officer of a political subdivision or a county sheriff shall attempt, as much as
possible, to:
(a) coordinate with state and federal agencies; and
(b) seek the advice of professionals, including private sector professionals, with
expertise in abating a catastrophic public nuisance.
Section 5. Section 
11-51a-201
 is enacted to read:
Part 2. Limitations
 11-51a-201.
Limitation.
Nothing in this chapter limits:
(1) the authority of the state to manage and protect wildlife under Title 23, Wildlife
Resources Code of Utah; or
(2) the power of a municipality under Section 
10-8-60
.