Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 65 First Substitute (2021GS)

Sponsor

Rep. Snider, C.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• authorizes use of the Sovereign Lands Management Account for salary increases;
• requires the division to develop and maintain a wildfire risk assessment mapping tool;
• requires reporting;
• addresses the Wildland Fire Suppression Fund including granting rulemaking authority;
• addresses employment of fire wardens;
• provides for a study of wildland fire related pay plans; and
• make technical changes.

Every vote on this bill

Bill text

WILDLAND FIRE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill addresses state management of wildland fires.
Highlighted Provisions:
This bill:
▸ authorizes use of the Sovereign Lands Management Account for salary increases;
▸ requires the division to develop and maintain a wildfire risk assessment mapping
tool;
▸ requires reporting;
▸ addresses the Wildland Fire Suppression Fund including granting rulemaking
authority;
▸ addresses employment of fire wardens;
▸ provides for a study of wildland fire related pay plans; and
▸ make technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2022:
▸ to Department of Natural Resources -- Division of Forestry, Fire, and State Lands,
as an ongoing appropriation:
• From Sovereign Lands Management Account, $200,000;
▸ to Department of Natural Resources -- Division of Forestry, Fire, and State Lands,
as a one-time appropriation:
• From Sovereign Lands Management Account, One-time, $200,000;
▸ to Department of Natural Resources -- Division of Forestry, Fire, and State Lands,
as an ongoing appropriation:
• from Sovereign Lands Management Account, $35,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
65A-5-1
, as last amended by Laws of Utah 2018, Chapter 413
65A-8-203
, as last amended by Laws of Utah 2016, Chapter 174
65A-8-204
, as last amended by Laws of Utah 2019, Chapter 118
65A-8-209.1
, as enacted by Laws of Utah 2016, Chapter 174
ENACTS:
67-19-12.6
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
65A-5-1
 is amended to read:
65A-5-1.
Sovereign Lands Management Account.
(1) There is created within the General Fund a restricted account known as the
"
Sovereign Lands Management Account.
"
(2) The account shall consist of the following:
(a) [
all
] 
the
 revenues derived from sovereign lands;
(b) that portion of [
all
] 
the
 revenues derived from mineral leases on other lands
managed by the division necessary to recover management costs;
(c) any fees deposited by the division; and
(d) amounts deposited into the account in accordance with Section 
59-23-4
.
(3) [
All
] 
The
 expenditures of the division relating directly to the management of state
lands shall be funded by appropriation by the Legislature from the Sovereign Lands
Management Account or other sources.
(4) The Legislature may appropriate [
funds
] 
money
 in the account to reimburse one or
more state government entities for money spent on the operation of national parks, national
monuments, national forests, and national recreation areas in the state during a fiscal
emergency, as defined in Section 
79-4-1102
.
(5) The division shall use the amount deposited into the account under Subsection
(2)(d) for the Great Salt Lake as described in Section 
65A-10-8
 as directed by the Great Salt
Lake Advisory Council created in Section 
73-30-201
.
(6) After the expenditures under Subsections (3) through (5), the division shall use
money appropriated from the Sovereign Lands Management Account to provide for salary
increases to state personnel employed by the division to perform wildland fire management
with the division prioritizing salary increases for county fire wardens and assistant wardens.
Section 2. Section 
65A-8-203
 is amended to read:
65A-8-203.
Cooperative fire protection agreements with counties, cities, towns, or
special service districts.
(1) As used in this section:
(a) "Eligible entity" means:
(i) a county, a municipality, or a special service district, local district, or service area
with:
(A) wildland fire suppression responsibility as described in Section 
11-7-1
; and
(B) wildland fire suppression cost responsibility and taxing authority for a specific
geographic jurisdiction; or
(ii) upon approval by the director, a political subdivision established by a county,
municipality, special service district, local district, or service area that is responsible for:
(A) providing wildland fire suppression services; and
(B) paying for the cost of wildland fire suppression services.
(b) "Fire service provider" means a public or private entity that fulfills the duties of
Subsection 
11-7-1
(1). 
(2) (a) The governing body of any eligible entity may enter into a cooperative
agreement with the division to receive financial and wildfire management cooperation and
assistance from the division, as described in this [
Title 65A, Chapter 8, Part 2, Fire Control
]
part
.
(b) A cooperative agreement shall last for a term of no more than five years and be
renewable if the eligible entity continues to meet the requirements of this chapter.
(3) (a) An eligible entity may not receive financial cooperation or financial assistance
under Subsection (2)(a) until a cooperative agreement is executed by the eligible entity and the
division.
(b) The state shall assume an eligible entity's cost of suppressing catastrophic wildfire
as defined in the cooperative agreement if the eligible entity has entered into, and is in full
compliance with, a cooperative agreement with the division, as described in this section.
(c) A county or municipality that is not covered by a cooperative agreement with the
division, as described in this section, shall be responsible for wildland fire costs within the
county or municipality's jurisdiction, as described in Section 
65A-8-203.2
.
(4) In order to enter into a cooperative agreement with the division, the eligible entity
shall:
(a) if the eligible entity is a county, adopt and enforce on unincorporated land a
wildland fire ordinance based upon minimum standards established by the division or Uniform
Building Code Commission;
(b) require that the fire department or equivalent fire service provider under contract
with, or delegated by, the eligible entity on unincorporated land meet minimum standards for
wildland fire training, certification, and suppression equipment based upon nationally accepted
standards as specified by the division;
(c) invest in prevention, preparedness, and mitigation efforts, as agreed to with the
division, that will reduce the eligible entity's risk of catastrophic wildfire;
(d) file with the division an annual accounting of wildfire prevention, preparedness,
mitigation actions, and associated costs;
(e) return the financial statement described in Subsection (6), signed by the chief
executive of the eligible entity, to the division on or before the date set by the division; and
(f) if the eligible entity is a county, have a designated fire warden as described in
Section 
65A-8-209.1
.
(5) (a) The state forester may execute a cooperative agreement with the eligible entity.
(b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, governing the:
(i) cooperative agreements described in this section;
(ii) manner in which an eligible entity shall provide proof of compliance with
Subsection (4);
(iii) manner by which the division may revoke a cooperative agreement if an eligible
entity ceases to meet the requirements described in this section;
(iv) accounting system for determining suppression costs;
(v) manner in which the division shall determine the eligible entity's participation
commitment; and
(vi) manner in which an eligible entity may appeal a division determination. 
(6) (a) The division shall send a financial statement to each eligible entity participating
in a cooperative agreement that details the eligible entity's participation commitment for the
coming fiscal year, including the prevention, preparedness, and mitigation actions agreed to
under Subsection (4)(c).
(b) Each eligible entity participating in a cooperative agreement shall:
(i) have the chief executive of the eligible entity sign the financial statement, or the
legislative body of the eligible entity approve the financial statement by resolution, confirming
the eligible entity's participation for the upcoming year; and
(ii) return the financial statement to the division, on or before a date set by the division.
(c) A financial statement shall be effective for one calendar year, beginning on the date
set by the division, as described in Subsection (6)(b).
(7) (a) An eligible entity may revoke a cooperative agreement before the end of the
cooperative agreement's term by:
(i) informing the division, in writing, of the eligible entity's intention to revoke the
cooperative agreement; or
(ii) failing to sign and return its annual financial statement, as described in Subsection
(6)(b), unless the director grants an extension.
(b) An eligible entity may not revoke a cooperative agreement before the end of the
term of a signed annual financial statement, as described in Subsection (6)(c).
(8) The division shall develop and maintain a wildfire risk assessment mapping tool
that is online and publicly accessible.
(9) By no later than the 2021 November interim meeting of the Natural Resources,
Agriculture, and Environment Interim Committee, the division shall report on the eligible
entities' adherence to and implementation of their participation commitment under this chapter.
Section 3. Section 
65A-8-204
 is amended to read:
65A-8-204.
Wildland Fire Suppression Fund created.
(1) There is created an expendable special revenue fund known as the "Wildland Fire
Suppression Fund."
(2) The fund shall be administered by the division to pay wildfire suppression costs on
eligible lands, 
as wildfire suppression costs are defined by the division by rule made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
 including for an
eligible entity that has entered into a cooperative agreement, as described in Section
65A-8-203
.
(3) Subject to Section 
65A-8-213
, the contents of the fund shall include:
(a) interest and earnings from the investment of fund money;
(b) money appropriated by the Legislature;
(c) costs recovered from successful investigations;
(d) federal funds received by the division for wildfire management costs;
(e) suppression costs billed to an eligible entity that does not participate in a
cooperative agreement;
(f) suppression costs paid to the division by another state agency;
(g) costs recovered from settlements and civil actions related to wildfire suppression;
(h) restitution payments ordered by a court following a criminal adjudication;
(i) the balance of the fund as of July 1, 2016;
(j) money deposited by the Division of Finance, pursuant to Section 
59-21-2
; and
(k) money transferred by the Division of Finance, pursuant to Section 
63J-1-314
.
(4) Fund money shall be invested by the state treasurer with the earnings and interest
accruing to the fund.
Section 4. Section 
65A-8-209.1
 is amended to read:
65A-8-209.1.
County fire warden.
(1) (a) [
Each
] 
A
 county that participates in a cooperative agreement with the division,
as described in Section 
65A-8-203
, shall be represented by a county fire warden [
at a minimum
during the closed fire season, as described in Section 
65A-8-211
,
] 
who is employed by the
division as a county fire warden full-time and year round,
 except as provided in Subsections
(1)(b) and (c).
(b) A county of the fifth class that, as of January 1, 2016, is cost-sharing a 
county
 fire
warden with an adjacent county may continue to do so with the approval of the state forester.
(c) A county of the sixth class may cost-share a county fire warden with an adjacent
county, with the approval of the state forester.
(2) The salary and benefits paid to a county fire warden shall be:
(a) divided by the division and the county; or
(b) paid partly by the division with the remainder shared by agreement between [
all
]
the counties the county fire warden represents.
(3) (a) The division shall employ [
all
] 
the
 county fire wardens.
(b) An individual who is employed by a county as a county fire warden on or before
January 1, 2016, is not subject to the requirement to be employed by the division.
Section 5. Section 
67-19-12.6
 is enacted to read:
 67-19-12.6.
Study of wildland fire related pay plans.
By no later than June 30, 2021, the department shall complete a comprehensive
comparison of federal, state, and municipal wildland fire agencies or departments to
recommend whether salary ranges should be adjusted for state employed wildland firefighters.
Section 6. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2021, and ending June 30, 2022. These are additions to amounts previously appropriated for
fiscal year 2022. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To Department of Natural Resources -- Division of Forestry, Fire, and State Lands
From Sovereign Lands Management Account 
$200,000
Schedule of Programs:
Program Delivery $200,000
The Legislature intends that the appropriations under this item be used to provide for
salary increases under Subsection 
65A-5-1
(6).
ITEM 2
To Department of Natural Resources -- Division of Forestry, Fire, and State Lands
 From Sovereign Lands Management Account, one-time
$200,000
Schedule of Programs:
Program Management $200,000
The Legislature intends that the appropriations under this item be used to develop a
wildfire risk assessment mapping tool that is online and publicly accessible under Subsection
65A-8-203
(8).
ITEM 3
To Department of Natural Resources -- Division of Forestry, Fire, and State Lands
From Sovereign Lands Management Account
$35,000
Schedule of Programs:
Program Management $35,000
The Legislature intends that the appropriations under this item be used to maintain a
wildfire risk assessment mapping tool that is online and publicly accessible under Subsection
65A-8-203
(8).