Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 567 (2024GS)

Sponsor

Rep. Brooks, W.

Final action

Governor Signed 3/12/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• prohibits under certain circumstances the Air Quality Board or Division of Air Quality from prohibiting burns;
• addresses rulemaking authority; and
• makes technical changes.

Every vote on this bill

Bill text

FIRE REGULATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Walt Brooks
Senate Sponsor: 
 David P. Hinkins
LONG TITLE
General Description:
This bill addresses government authority over fire.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits under certain circumstances the Air Quality Board or Division of Air
Quality from prohibiting burns;
▸ addresses rulemaking authority; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-2-114
, as last amended by Laws of Utah 2015, Chapter 154
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-2-114
 is amended to read:
19-2-114.
Activities not in violation of chapter or rules.
(1) As used in this section, "attainment area" means an area that meets the national
primary and secondary ambient air quality standard for pollution.
(2)
 The following are not a violation of this chapter or of a rule made under [
it
] 
this
chapter
:
[
(1)
] 
(a)
 burning incident to horticultural or agricultural operations of:
[
(a)
] 
(i)
 prunings from trees, bushes, and plants; or
[
(b)
] 
(ii)
 dead or diseased trees, bushes, and plants, including stubble;
[
(2)
] 
(b)
 burning of weed growth along ditch banks incident to clearing these ditches
for irrigation purposes;
[
(3)
] 
(c)
 controlled heating of orchards or other crops to lessen the chances of their
being frozen so long as the emissions from this heating do not violate minimum standards set
by the board; and
[
(4)
] 
(d)
 the controlled burning of not more than two structures per year by an
organized and operating fire department for the purpose of training fire service personnel when
the United States Weather Service clearing index for the area where the burn is to occur is
above 500.
(3) (a) The board or division may not prohibit a burn during the time period beginning
November 1 and ending March 31 if the burn:
(i) occurs in an attainment area;
(ii) occurs on private property within an incorporated portion of a county;
(iii) occurs when the United States Weather Service clearing index for the area in
which the burn is to occur is above 250;
(iv) is the open burning of clippings, bushes, plants, prunings from trees, or dead or
diseased trees, bushes, and plants, that are:
(A) incident to property and residential clean-up activities; and
(B) thoroughly dry;
(v) does not include trash, rubbish, tires, or oil in the material to be burned, used to
start the burn, or used to keep a fire burning; and
(vi) does not create a nuisance as defined in Section 
76-10-803
.
(b) Notwithstanding Subsection (3)(a), the board by rule, made in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, may establish the process for
issuing a burn permit under this chapter.
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.