Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 48 (2025GS)

Sponsor

Rep. Snider, Casey

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires counties to take certain actions related to wildland urban interface property, including assessing a fee;
• directs the fee to be retained by a county and deposited into the Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund;
• addresses insuring wildland urban interface property;
• imposes notice requirements related to insuring wildland urban interface property;
• requires counties and municipalities to adopt the wildland urban interface building code standards;
• permits the Division of Forestry, Fire, and State Lands (division) to choose not to cover costs of local governments under certain circumstances;
• directs the division to establish a program for wildland urban interface coordinators to evaluate, using a triage scale, high risk wildland urban interface property;
• addresses actions related to evaluating the high risk wildland urban interface property;
• provides for a database to be accessed by certain insurers related to evaluating high risk wildland urban interface property;
• authorizes rulemaking;
• addresses liability; and
• makes technical changes.

Every vote on this bill

Bill text

17
15A-5-203
17-16-22
31A-22-1310
63G-7-201
65A-8-203
65A-8-215
65A-8-401
65A-8-402
65A-8-403
0
Wildland Urban Interface Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill addresses efforts to oversee wildfire risks associated with wildland urban interface 
property.
Highlighted Provisions:
This bill:
defines terms;
requires counties to take certain actions related to wildland urban interface property, 
including assessing a fee;
directs the fee to be retained by a county and deposited into the Wildland-urban Interface 
Prevention, Preparedness, and Mitigation Fund;
addresses insuring wildland urban interface property;
imposes notice requirements related to insuring wildland urban interface property;
requires counties and municipalities to adopt the wildland urban interface building code 
standards;
permits the Division of Forestry, Fire, and State Lands (division) to choose not to cover 
costs of local governments under certain circumstances;
directs the division to establish a program for wildland urban interface coordinators to 
evaluate, using a triage scale, high risk wildland urban interface property;
addresses actions related to evaluating the high risk wildland urban interface property;
provides for a database to be accessed by certain insurers related to evaluating high risk 
wildland urban interface property;
authorizes rulemaking;
addresses liability; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
15A-5-203
, as last amended by Laws of Utah 2024, Chapters 21, 381
63G-7-201
, as last amended by Laws of Utah 2023, Chapters 34, 105, 259, 329, 452, and 
456
65A-8-203
, as last amended by Laws of Utah 2024, Chapter 77
65A-8-215
, as last amended by Laws of Utah 2024, Chapter 77
ENACTS:
17-16-22
, Utah Code Annotated 1953
31A-22-1310
, Utah Code Annotated 1953
65A-8-401
, Utah Code Annotated 1953
65A-8-402
, Utah Code Annotated 1953
65A-8-403
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
15A-5-203
 is amended to read:
15A-5-203
. Amendments and additions to IFC related to fire safety, building, 
and site requirements.
(1)
For IFC, Chapter 5, Fire Service Features:
(a)
In IFC, Chapter 5, a new Section 501.5, Access grade and fire flow, is added as 
follows: "An authority having jurisdiction over a structure built in accordance with 
the requirements of the International Residential Code as adopted in the State 
Construction Code, may require an automatic fire sprinkler system for the structure 
only by ordinance and only if any of the following conditions exist:
(i)
the structure:
(A)
is located in an urban-wildland interface area as provided in the Utah 
Wildland Urban Interface Code adopted as a construction code under the State 
Construction Code; and
(B)
does not meet the requirements described in Utah Code, Subsection 
65A-8-203
(4)
(a)
(f)
 and Utah Administrative Code, R652-122-1300, Minimum 
Standards for County Wildland Fire Ordinance;
(ii)
the structure is in an area where a public water distribution system with fire 
hydrants does not exist as required in Utah Administrative Code, R309-550-5, 
Water Main Design;
(iii)
the only fire apparatus access road has a grade greater than 10% for more than 
500 continual feet;
(iv)
the total floor area of all floor levels within the exterior walls of the dwelling unit 
exceeds 10,000 square feet; or
(v)
the total floor area of all floor levels within the exterior walls of the dwelling unit 
is double the average of the total floor area of all floor levels of unsprinkled 
homes in the subdivision that are no larger than 10,000 square feet.
(vi)
Exception: A single family dwelling does not require a fire sprinkler system if 
the dwelling:
(A)
is located outside the wildland urban interface;
(B)
is built in a one-lot subdivision; and
(C)
has 50 feet of defensible space on all sides that limits the propensity of fire 
spreading from the dwelling to another property."
(b)
In IFC, Chapter 5, Section 506.1, Where Required, is deleted and rewritten as 
follows: "Where access to or within a structure or an area is restricted because of 
secured openings or where immediate access is necessary for life-saving or 
fire-fighting purposes, the fire code official, after consultation with the building 
owner, may require a key box to be installed in an approved location. The key box 
shall contain keys to gain necessary access as required by the fire code official. For 
each fire jurisdiction that has at least one building with a required key box, the fire 
jurisdiction shall adopt an ordinance, resolution, or other operating rule or policy that 
creates a process to ensure that each key to each key box is properly accounted for 
and secure."
(c)
In IFC, Chapter 5, a new Section 507.1.1, Isolated one- and two-family dwellings, is 
added as follows: "Fire flow may be reduced for an isolated one- and two-family 
dwelling when the authority having jurisdiction over the dwelling determines that the 
development of a full fire-flow requirement is impractical."
(d)
In IFC, Chapter 5, a new Section 507.1.2, Pre-existing subdivision lots, is added as follows:
"507.1.2 Pre-existing subdivision lots.
The requirements for a pre-existing subdivision lot shall not exceed the requirements 
described in Section 501.5."
(e)
In IFC, Chapter 5, Section 507.5.1, here required, a new exception is added: "3. One 
interior and one detached accessory dwelling unit on a single residential lot."
(f)
IFC, Chapter 5, Section 510.1, Emergency responder communication coverage in 
new buildings, is amended by adding: "When required by the fire code official, 
unless the new building is a public school as that term is defined in Section 
53G-9-205.1
 or a private school, then the fire code official shall require," at the 
beginning of the first paragraph.
(2)
For IFC, Chapter 6, Building Services and Systems:
(a)
IFC, Chapter 6, Section 604.6.1, Elevator key location, is deleted and rewritten as 
follows: "Firefighter service keys shall be kept in a "Supra-Stor-a-key" elevator key 
box or similar box with corresponding key system that is adjacent to the elevator for 
immediate use by the fire department. The key box shall contain one key for each 
elevator, one key for lobby control, and any other keys necessary for emergency 
service. The elevator key box shall be accessed using a 6049 numbered key."
(b)
IFC, Chapter 6, Section 606.1, General, is amended as follows: On line three, after 
the word "Code", add the words "and NFPA 96".
(c)
IFC, Chapter 6, Section 607.2, a new exception 5 is added as follows: "5. A Type 1 
hood is not required for a cooking appliance in a microenterprise home kitchen, as 
that term is defined in Utah Code, Section 
26B-7-401
, for which the operator obtains 
a permit in accordance with Section 
26B-7-416
."
(3)
IFC, Chapter 7, Fire and Smoke Protection Features, Section 702.5, is deleted.
Section 2, Section 
17-16-22
 is enacted to read:
17-16-22
. Wildland urban interface evaluation and fees.
(1)
As used in this section:
(a)
"County officer" means the same as that term is defined in Section 
17-16-21
.
(b)
"High risk wildland urban interface property" means the same as that term is defined 
in Section 
65A-8-401
.
(c)
"Wildland urban interface" means the same as that term is defined in Section 
65A-8-401
.
(d)
"Wildland urban interface coordinator" means the same as that term is defined in 
Section 
65A-8-401
.
(2)
If evaluation of high risk wildland urban interface property is assigned to a county under 
Section 
65A-8-402
:
(a)
the county shall enter into a cooperative agreement with the Division of Forestry, 
Fire, and State Lands, in accordance with Subsection 
65A-8-203(2)(a)
, which 
agreement shall address compliance with this Subsection 
(2)
 for evaluation and 
classification of high risk wildland urban interface property; and
(b)
a county officer shall require that a wildland urban interface coordinator representing 
the county annually evaluate high risk wildland urban interface property within the 
county in accordance with Section 
65A-8-402
.
(3)
Beginning January 1, 2026, a county officer shall:
(a)
annually assess a fee:
(i)
against the property owner of high risk wildland urban interface property within 
the incorporated and unincorporated portions of the county; and
(ii)
in the amount set by the Division of Forestry, Fire, and State Lands under Section 
65A-8-402
; and
(b)
(i)
after retaining a portion of the fee under Subsection (3)(b)(ii), transmit the fee 
assessed under Subsection 
(3)(a)
 to the Division of Forestry, Fire, and State Lands 
for deposit into the Wildland-urban Interface Prevention, Preparedness, and 
Mitigation Fund created in Section 
65A-8-215
; and
(ii)
retain that portion of the fee assessed under Subsection 
(3)(a)
 necessary to pay 
costs incurred by the county in implementing this section, which the county may 
include in the county's annual accounting of wildfire prevention, preparedness, 
mitigation actions, and associated costs for purposes of Subsection 
65A-8-203(4)(c)
.
(4)
A county may hold a political subdivision lien on high risk wildland urban interface 
property for a fee that is past due by following the procedures in Sections 
17B-1-902
and 
17B-1-902.1
, as if the county is a special district.
Section 3, Section 
31A-22-1310
 is enacted to read:
31A-22-1310
. Insuring wildland urban interface property.
(1)
As used in this section:
(a)
"High risk wildland urban interface property" means the same as that term is defined 
in Section 
65A-8-401
.
(b)
"Wildland urban interface" means the same as that term is defined in Section 
65A-8-401
.
(c)
"Wildland urban interface property and casualty insurer" means an insurer that issues 
property or casualty insurance for wildland urban interface property.
(2)
(a)
For purposes of determining whether property is high risk wildland urban 
interface property, a wildland urban interface property and casualty insurer may only 
use the boundary provided in the wildfire risk assessment mapping tool maintained 
by the Division of Forestry, Fire, and State Lands in accordance with Subsection 
65A-8-203(8)
 to determine whether the property is high risk wildland urban interface 
property.
(b)
A wildland urban interface property and casualty insurer may use additional fire 
hazard data, beyond the wildfire risk assessment mapping tool described in 
Subsection (2)(a), in connection with setting a rate for, or the underwriting of, high 
risk wildland urban interface property if the wildland urban interface property and 
casualty insurer's use of additional fire hazard data is in compliance with:
(i)
the boundary determination made in Subsection 
(2)(a)
; and
(ii)
this title and department rules made in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act.
(c)
If a property is determined not to be high risk wildland urban interface in accordance 
with Subsection 
(2)(a)
, this Subsection (2) does not apply to the use of fire hazard 
data in connection with rate setting or underwriting of the property.
(d)
This Subsection 
(2)
 does not restrict the use of data or underwriting tools in 
determining risks that are unrelated to fire risk.
(3)
(a)
If an owner of property located within the wildland urban interface files a 
complaint with the department asserting that a wildland urban interface property and 
casualty insurer has violated, or is violating, this section, the department may 
investigate the wildland urban interface property and casualty insurer to determine 
whether a violation has occurred or is occurring.
(b)
If after an investigation under this Subsection 
(3)
 the department finds that a 
wildland urban interface property and casualty insurer has violated or is violating this 
section, the department may:
(i)
issue prohibitory, mandatory, and other orders as necessary to secure compliance 
with this section; and
(ii)
impose penalties against the wildland urban interface property and casualty 
insurer in accordance with Section 
31A-2-308
.
(4)
In addition to complying with relevant requirements of Section 
31A-21-303
, if due to 
risks of wildfire a wildland urban interface property and casualty insurer:
(a)
cancels or nonrenews property and casualty insurance covering wildland urban 
interface property, the wildland urban interface property and casualty insurer shall 
include in the notice of cancellation or nonrenewal the facts on which the wildland 
urban interface property and casualty insurer's decision is based with reasonable 
precision; and
(b)
increases the premium by more than 20% of the previous term's premium for 
property and casualty insurance covering wildland urban interface property, after 
receipt of a request for the information by the insured the wildland urban interface 
property and casualty insurer shall provide the insured the facts on which the 
wildland urban interface property and casualty insurer's decision is based with 
reasonable precision.
(5)
Subsections 
(1)
 through (4) apply on and after January 1, 2026.
(6)
This section does not:
(a)
create a cause of action for an act or failure to act under this section against:
(i)
the state;
(ii)
the department;
(iii)
the Division of Forestry, Fire, and State Lands;
(iv)
an officer, consultant, or employee of the department or Division of Forestry, 
Fire, and State Lands;
(v)
a wildland urban interface coordinator, as defined in Section 
65A-8-401
; or
(vi)
a county;
(b)
waive governmental immunity in accordance with Subsection 
63G-7-201(5)
; or
(c)
create a cause of action against a wildland urban interface property and casualty 
insurer for use in accordance with Subsection 
(2)(a)
 of the boundary provided in the 
wildfire risk assessment mapping tool maintained by the Division of Forestry, Fire, 
and State Lands in accordance with Subsection 
65A-8-203(8)
.
Section 4, Section 
63G-7-201
 is amended to read:
63G-7-201
. Immunity of governmental entities and employees from suit.
(1)
Except as otherwise provided in this chapter, each governmental entity and each 
employee of a governmental entity are immune from suit for any injury that results from 
the exercise of a governmental function.
(2)
Notwithstanding the waiver of immunity provisions of Section 
63G-7-301
, a 
governmental entity, its officers, and its employees are immune from suit:
(a)
as provided in Section 
78B-4-517
; and
(b)
for any injury or damage resulting from the implementation of or the failure to 
implement measures to:
(i)
control the causes of epidemic and communicable diseases and other conditions 
significantly affecting the public health or necessary to protect the public health as 
set out in 
Title 26A, Chapter 1, Local Health Departments
;
(ii)
investigate and control suspected bioterrorism and disease as set out in Sections 
26B-7-316
 through 
26B-7-324
;
(iii)
respond to a national, state, or local emergency, a public health emergency as 
defined in Section 
26B-7-301
, or a declaration by the President of the United 
States or other federal official requesting public health related activities, including 
the use, provision, operation, and management of:
(A)
an emergency shelter;
(B)
housing;
(C)
a staging place; or
(D)
a medical facility; and
(iv)
adopt methods or measures, in accordance with Section 
26B-1-202
, for health 
care providers, public health entities, and health care insurers to coordinate among 
themselves to verify the identity of the individuals they serve.
(3)
(a)
A governmental entity, its officers, and its employees are immune from suit, and 
immunity is not waived, for any injury if the injury arises out of or in connection 
with, or results from:
(i)
a latent dangerous or latent defective condition of:
(A)
any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, 
or viaduct; or
(B)
another structure located on any of the items listed in 
this 
Subsection 
(3)(a)(i)
; 
or
(ii)
a latent dangerous or latent defective condition of any public building, structure, 
dam, reservoir, or other public improvement.
(b)
(i)
As used in this Subsection 
(3)(b)
:
(A)
"Contaminated land" means the same as that term is defined in Section 
11-58-102
.
(B)
"Contamination" means the condition of land that results from the placement, 
disposal, or release of hazardous matter on, in, or under the land, including any 
seeping or escaping of the hazardous matter from the land.
(C)
"Damage" means any property damage, personal injury, or other injury or any 
loss of any kind, however denominated.
(D)
"Environmentally compliant" means, as applicable, obtaining a certificate of 
completion from the Department of Environmental Quality under Section 
19-8-111
 following participation in a voluntary cleanup under 
Title 19, Chapter 
8, Voluntary Cleanup Program
, obtaining an administrative letter from the 
Department of Environmental Quality for a discrete phase of a voluntary 
cleanup that is conducted under a remedial action plan as defined in Section 
11-58-605
, or complying with the terms of an environmental covenant, as 
defined in Section 
57-25-102
, signed by an agency, as defined in Section 
57-25-102
, and duly recorded in the office of the recorder of the county in 
which the contaminated land is located.
(E)
"Government owner" means a governmental entity, including an independent 
entity, as defined in Section 
63E-1-102
, that acquires an ownership interest in 
land that was contaminated land before the governmental entity or independent 
entity acquired an ownership interest in the land.
(F)
"Hazardous matter" means hazardous materials, as defined in Section 
19-6-302
, 
hazardous substances, as defined in Section 
19-6-302
, or landfill material, as 
defined in Section 
11-58-102
.
(G)
"Remediation" means the same as that term is defined in Section 
11-58-102
.
(ii)
(A)
A government owner and the government owner's officers and employees 
are immune from suit, and immunity is not waived, for any claim for damage 
that arises out of or in connection with, or results from, contamination of 
contaminated land.
(B)
A government owner's ownership of contaminated land may not be the basis 
of a claim against the government owner for damage that arises out of or in 
connection with, or results from, contamination of contaminated land.
(iii)
Subsection 
(3)(b)(ii)
 does not limit or affect:
(A)
the liability of a person that placed, disposed of, or released hazardous matter 
on, in, or under the land; or
(B)
a worker compensation claim of an employee of an entity that conducts work 
on or related to contaminated land.
(iv)
Immunity under Subsection 
(3)(b)(ii)(A)
 is not affected by a government owner's 
remediation of contaminated land if the government owner is environmentally 
compliant.
(4)
A governmental entity, its officers, and its employees are immune from suit, and 
immunity is not waived, for any injury proximately caused by a negligent act or 
omission of an employee committed within the scope of employment, if the injury arises 
out of or in connection with, or results from:
(a)
the exercise or performance, or the failure to exercise or perform, a discretionary 
function, whether or not the discretion is abused;
(b)
except as provided in Subsections 
63G-7-301(2)(j)
, 
(3)
, and 
(4)
, assault, battery, 
false imprisonment, false arrest, malicious prosecution, intentional trespass, abuse of 
process, libel, slander, deceit, interference with contract rights, infliction of mental 
anguish, or violation of civil rights;
(c)
the issuance, denial, suspension, or revocation of, or the failure or refusal to issue, 
deny, suspend, or revoke, any permit, license, certificate, approval, order, or similar 
authorization;
(d)
a failure to make an inspection or making an inadequate or negligent inspection;
(e)
the institution or prosecution of any judicial or administrative proceeding, even if 
malicious or without probable cause;
(f)
a misrepresentation by an employee whether or not the misrepresentation is negligent 
or intentional;
(g)
a riot, unlawful assembly, public demonstration, mob violence, or civil disturbance;
(h)
the collection or assessment of taxes;
(i)
an activity of the Utah National Guard;
(j)
the incarceration of a person in a state prison, county or city jail, or other place of 
legal confinement;
(k)
a natural condition on publicly owned or controlled land;
(l)
a condition existing in connection with an abandoned mine or mining operation;
(m)
an activity authorized by the School and Institutional Trust Lands Administration or 
the Division of Forestry, Fire, and State Lands;
(n)
the operation or existence of a trail that is along a water facility, as defined in Section 
73-1-8
, stream, or river, regardless of ownership or operation of the water facility, 
stream, or river, if:
(i)
the trail is designated under a general plan adopted by a municipality under 
Section 
10-9a-401
 or by a county under Section 
17-27a-401
;
(ii)
the trail right-of-way or the right-of-way where the trail is located is open to 
public use as evidenced by a written agreement between:
(A)
the owner or operator of the trail right-of-way or of the right-of-way where the 
trail is located; and
(B)
the municipality or county where the trail is located; and
(iii)
the written agreement:
(A)
contains a plan for operation and maintenance of the trail; and
(B)
provides that an owner or operator of the trail right-of-way or of the 
right-of-way where the trail is located has, at a minimum, the same level of 
immunity from suit as the governmental entity in connection with or resulting 
from the use of the trail;
(o)
research or implementation of cloud management or seeding for the clearing of fog;
(p)
the management of flood waters, earthquakes, or natural disasters;
(q)
the construction, repair, or operation of flood or storm systems;
(r)
the operation of an emergency vehicle, while being driven in accordance with the 
requirements of Section 
41-6a-212
;
(s)
the activity of:
(i)
providing emergency medical assistance;
(ii)
fighting fire;
(iii)
regulating, mitigating, or handling hazardous materials or hazardous wastes;
(iv)
an emergency evacuation;
(v)
transporting or removing an injured person to a place where emergency medical 
assistance can be rendered or where the person can be transported by a licensed 
ambulance service; or
(vi)
intervening during a dam emergency;
(t)
the exercise or performance, or the failure to exercise or perform, any function 
pursuant to 
Title 73, Chapter 10, Board of Water Resources - Division of Water 
Resources
;
(u)
an unauthorized access to government records, data, or electronic information 
systems by any person or entity;
(v)
an activity of wildlife, as defined in Section 
23A-1-101
, that arises during the use of 
a public or private road;
(w)
a communication between employees of one or more law enforcement agencies 
related to the employment, disciplinary history, character, professional competence, 
or physical or mental health of a peace officer, or a former, current, or prospective 
employee of a law enforcement agency, including any communication made in 
accordance with Section 
53-14-103
; or
(x)
providing or failing to provide information under Section 
53-27-102
 or Subsection 
41-1a-213(6)
, 
(7)
, or 
(8)
, 
53-3-207(4)
, or 
53-3-805(5)
.
(5)
The following are immune from suit, and immunity is not waived for an action or 
failure to act within the scope of duties or employment, if the injury arises out of, in 
connection with, or results from the implementation of Section 
17-16-22
 to the extent it 
addresses evaluating and classifying high risk wildland urban interface property, Section 
31A-22-1310
, or Title 65A, Chapter 8, Part 4, Wildland Urban Interface Property:
(a)
the Division of Forestry, Fire, and State Lands;
(b)
an officer, employee, or consultant of the Division of Forestry, Fire, and State Lands;
(c)
a county;
(d)
a wildland urban interface coordinator, as defined in Section 
65A-8-401
;
(e)
the Insurance Department; or
(f)
an officer, employee, or consultant of the Insurance Department.
Section 5, Section 
65A-8-203
 is amended to read:
65A-8-203
. Cooperative fire protection agreements with eligible entities.
(1)
As used in this section:
(a)
"Eligible entity" means:
(i)
a county, a municipality, or a special service district, special 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, special 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 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)
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.
(b)
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)
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)
(a)
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)
(b)
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)
(c)
(i)
file with the division an annual accounting of wildfire prevention, 
preparedness, mitigation actions, and associated costs;
(ii)
meet the eligibility entity's participation commitment by making direct payments 
to the division; or
(iii)
do a combination of Subsections 
(4)(d)(i) and (ii)
(4)(c)(i) and (ii)
;
(e)
(d)
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)
(e)
if the eligible entity is a county, have a designated fire warden as described in 
Section 
65A-8-209.1
.
;
(f)
subject to Subsection 
(9)
, adopt and enforce the wildland urban interface building 
standards, as defined in Section 
65A-8-401
, if the eligible entity is a:
(i)
county for purposes of an unincorporated area within the county; or
(ii)
municipality for an incorporated area within a county; and
(g)
if the eligible entity is a county, comply with Section 
17-16-22
.
(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)
.
(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)
(a)
The division shall develop and maintain a wildfire risk assessment mapping tool 
that is online and publicly accessible.
(b)
(i)
The division shall analyze 
adding an additional high-risk category
and 
establish by rule, made in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, boundaries for high risk wildland urban interface 
property and what constitutes wildland urban interface property that is not high 
risk
 within the wildfire risk assessment mapping tool described in Subsection 
(8)(a):
(A)
(i)
using a scientific assessment; and
(B)
(ii)
that is focused on the risk to dwellings within the wildland
-
urban interface 
area.
(ii)
The division shall report the results of the division's analysis under this 
Subsection (8)(b) to the Natural Resources, Agriculture, and Environment Interim 
Committee by no later than the 2024 November interim meeting of that committee.
(c)
With regard to the categories used within the wildfire risk assessment mapping tool 
described in Subsection (8)(a), the division may adjust the assessment for 
participation commitments if the adjustment is based on the Consumer Price Index 
for All Urban Consumers as published by the Bureau of Labor Statistics of the 
United States Department of Labor, in accordance with a formula established by the 
division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act.
(9)
(a)
If the state under Section 
15A-2-103
 adopts an edition of the Utah Wildland 
Urban Interface Code, issued by the International Code Council, with the alternatives 
or amendments approved by the division, as a wildland urban interface building 
standard that may be adopted by a local compliance agency:
(i)
for purposes of an unincorporated area within a county, the county shall adopt and 
enforce the wildland urban interface building standard described in this 
Subsection (9)(a); and
(ii)
for purposes of an incorporated area within a county, the relevant municipality 
shall adopt and enforce the wildland urban interface building standard described 
in this Subsection 
(9)(a)
.
(b)
If a county or municipality fails to comply with Subsections 
(4)(f)
 and 
(9)(a)
, the 
division may choose to not pay costs of the county or municipality under a 
cooperative agreement executed under this section.
(c)
(i)
If the state adopts a different wildland urban interface building standard than 
was previously adopted under Section 
15A-2-103
, a county or municipality has 
two years from the date the state adopts the different wildland urban interface 
building standard to adopt the appropriate wildland urban interface building 
standard.
(ii)
If a county or municipality fails to adopt the appropriate wildland urban interface 
building standard within the time period described in Subsection 
(9)(c)(i)
, the 
division may choose to not pay costs of the county or municipality under a 
cooperative agreement executed under this section beginning two years from the 
day on which the state adopts the different wildland urban interface building 
standard and until such time as the county or municipality adopts the appropriate 
wildland urban interface building standard.
Section 6, Section 
65A-8-215
 is amended to read:
65A-8-215
. Wildland-urban interface fire prevention, preparedness, and 
mitigation.
(1)
As used in this section:
(a)
"Prevention, preparedness, and mitigation fund" means the Wildland-urban Interface 
Prevention, Preparedness, and Mitigation Fund created in this section.
(b)
"Suppression fund" means the Wildland Fire Suppression Fund created in Section 
65A-8-204
.
(c)
"Wildland-urban interface" means the zone where structures and other human 
development meets, or intermingles with, undeveloped wildland.
(2)
(a)
There is created an expendable special revenue fund known as the 
"Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund."
(b)
The prevention, preparedness, and mitigation fund shall consist of:
(i)
interest and earnings from the investment of money from the prevention, 
preparedness, and mitigation fund;
(ii)
money received as direct payment from cooperative wildfire system participation 
commitments;
(iii)
money appropriated by the Legislature;
 and
(iv)
money transferred to the prevention, preparedness, and mitigation fund under 
Section 
63J-1-314
.
; and
(v)
fees deposited into the prevention, preparedness, and mitigation fund under 
Section 
17-16-22
.
(c)
The division shall administer the prevention, preparedness, and mitigation fund to:
(i)
pay costs of prevention and preparedness efforts on wildland-urban interface 
within the state, as defined by the division by rule made in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, including costs of an 
eligible entity that has entered into a cooperative agreement, as described in 
Section 
65A-8-203
;
(ii)
issue fire department assistance grants, which in the aggregate may not exceed 
10% of the money in the prevention, preparedness, and mitigation fund each fiscal 
year; and
(iii)
in cases of catastrophic need as determined by the state forester, pay costs that 
could be paid from the suppression fund under Section 
65A-8-204
.
(d)
Disbursements from the prevention, preparedness, and mitigation fund may only be 
made upon written order of the state forester or the state forester's authorized 
representative.
(3)
(a)
The division may by rule, made in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, establish criteria for community wildfire 
preparedness plans addressing wildland-urban interface. The criteria shall require 
action that is:
(i)
qualitative and quantitative; and
(ii)
leads to reduced wildfire risk.
(b)
An eligible entity, as defined in Section 
65A-8-203
, shall agree to implement 
prevention, preparedness, and mitigation actions identified in a community wildfire 
preparedness plan addressing wildland-urban interface that is approved by the 
division.
Section 7, Section 
65A-8-401
 is enacted to read:
4. Wildland Urban Interface Property
65A-8-401
. Definitions.
As used in this section:
(1)
"High risk wildland urban interface property" means property located within the 
boundary of high risk wildland urban interface as designated by the wildfire risk 
assessment tool in Subsection 
65A-8-203(8)
(a) and defined by rule made in accordance 
with Subsection 
65A-8-402(5)(a)
.
(2)
"Triage scale" means a scale with three classifications adopted by the division to 
evaluate and classify property located within the wildland urban interface as to what 
actions are needed to prepare the property for fire.
(3)
"Wildland urban interface" means the same as that term is defined in Section 
65A-8a-102
.
(4)
"Wildland urban interface building standards" means the edition of the Utah Wildland 
Urban Interface Code adopted under Section 
15A-2-103
.
(5)
"Wildland urban interface coordinator" means a representative of the division or a 
county who evaluates and classifies wildland urban interface property in accordance 
with Section 
65A-8-402
.
(6)
"Wildland urban interface property and casualty insurer" means the same as that term is 
defined in Section 
31A-22-1310
.
Section 8, Section 
65A-8-402
 is enacted to read:
65A-8-402
. Evaluation of wildland urban interface property -- Fee amounts -- 
Rulemaking.
(1)
(a)
The division shall establish a program under which a wildland urban interface 
coordinator evaluates and classifies high risk wildland urban interface property using 
a triage scale.
(b)
The wildland urban interface coordinator shall be:
(i)
a representative of the division; or
(ii)
if the evaluation and classification is assigned to a county, a representative of the 
county.
(c)
At the beginning of each calendar year, the division shall determine whether to 
assign evaluation and classification under this section of high risk wildland urban 
interface property to a county.
(2)
After completing the evaluation and classification under this section, the wildland urban 
interface coordinator shall inform a property owner of property described in Subsection 
(1)
(a) of:
(a)
the classification assigned to the property described in Subsection 
(1)(a)
 under the 
triage scale;
(b)
the fee the property owner shall pay under Section 
17-16-22
; and
(c)
resources from the division or county that the property owner may access to bring the 
property described in Subsection 
(1)(a)
 to the first or second classification by 
applying wildland urban interface building standards.
(3)
As part of the program established under this section, the division:
(a)
may provide resources to a property owner described in Subsection 
(2)
(b) to 
facilitate the property owner bringing the property described in Subsection 
(1)(a)
 to 
the first or second classification under the triage scale; and
(b)
beginning on January 1, 2028, shall develop and maintain a database that may be 
accessed by a wildland urban interface property and casualty insurer to learn the 
classification under the triage scale for any portion of high risk wildland urban 
interface property to be covered by the wildland urban interface property and casualty 
insurer.
(4)
(a)
The division shall annually set a fee amount that is based on the square footage of 
a structure within the high risk wildland urban interface to pay for the costs 
associated with the implementation of this part to be assessed and collected by a 
county in accordance with Section 
17-16-22
.
(b)
The division may tier the fee amount to account for what level on the triage scale a 
property is assigned by a wildland urban interface coordinator.
(5)
The division may make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, to:
(a)
define high risk wildland urban interface property and wildland urban interface 
property that is not high risk as provided in Subsection 
65A-8-203(8)(b)
;
(b)
establish the criteria used to evaluate and classify property located within high risk 
wildland urban interface property;
(c)
create a process by which the division and counties communicate classifications 
assigned to property described in Subsection 
(1)(a)
;
(d)
create a process for communicating to a property owner the information described in 
Subsection 
(2)
;
(e)
establish how the division may provide resources under Subsection 
(3)
;
(f)
create a process for a wildland urban interface property and casualty insurer to learn 
the classification described in Subsection 
(3)(b)
; and
(g)
establish how the fee amount described in Subsection (4) is set.
Section 9, Section 
65A-8-403
 is enacted to read:
65A-8-403
. Liability.
This part does not create a cause of action against the state, the division, an officer, 
employee, or consultant of the division, a county, or a wildland urban interface coordinator for 
an act or failure to act under this part and does not waive governmental immunity in 
accordance with Subsection 
63G-7-201(5)
.
Section 10. 
Effective Date.
This bill takes effect on 
January 1, 2026
.
3-7-25 9:40 PM