Representative Joel K. Briscoe proposes the following substitute bill:


1     
WILDLAND FIRE POLICY UPDATES

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Evan J. Vickers

5     
House Sponsor: Joel K. Briscoe

6     

7     LONG TITLE
8     General Description:
9          This bill modifies procedures surrounding the management of wildland fire.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires a municipality to abate uncontrolled wildfire on private or
14     municipality-owned land within its boundaries, under certain circumstances;
15          ▸     authorizes a municipality, county, or certain special districts to enter into a
16     cooperative agreement with the Division of Forestry, Fire, and State Lands;
17          ▸     states that a city, town, county, or special district that enters into a cooperative
18     agreement may be eligible to have the costs of catastrophic wildland fire
19     suppression paid by the state;
20          ▸     states that a city, town, county, or special district that does not enter into a
21     cooperative agreement shall be responsible for wildland fire suppression costs
22     within its jurisdiction;
23          ▸     describes the requirements to enter into a cooperative agreement; and
24          ▸     makes technical changes.
25     Money Appropriated in this Bill:
26          This bill appropriates:
27          ▸      to the Department of Natural Resources -- Forestry, Fire, and States Lands, as a
28     one-time appropriation:
29               •     from Wildland Fire Suppression Fund, $4,800,000.
30     Other Special Clauses:
31          This bill provides a special effective date.
32     Utah Code Sections Affected:
33     AMENDS:
34          11-7-1, as last amended by Laws of Utah 1986, Chapter 175
35          15A-5-203, as last amended by Laws of Utah 2015, Chapter 158
36          65A-1-1, as last amended by Laws of Utah 2013, Chapter 413
37          65A-3-3, as last amended by Laws of Utah 2013, Chapter 237
38          65A-8-101, as last amended by Laws of Utah 2008, Chapter 20
39          65A-8-103, as last amended by Laws of Utah 2015, Chapter 33
40          65A-8-201, as renumbered and amended by Laws of Utah 2007, Chapter 136
41          65A-8-202, as renumbered and amended by Laws of Utah 2007, Chapter 136
42          65A-8-203, as renumbered and amended by Laws of Utah 2007, Chapter 136
43          65A-8-204, as renumbered and amended by Laws of Utah 2007, Chapter 136
44          65A-8-206, as renumbered and amended by Laws of Utah 2007, Chapter 136
45          65A-8-207, as last amended by Laws of Utah 2008, Chapter 382
46          65A-8-209, as renumbered and amended by Laws of Utah 2007, Chapter 136
47          65A-8-210, as renumbered and amended by Laws of Utah 2007, Chapter 136
48          65A-8-211, as renumbered and amended by Laws of Utah 2007, Chapter 136
49     ENACTS:
50          65A-8-202.5, Utah Code Annotated 1953
51          65A-8-203.1, Utah Code Annotated 1953
52          65A-8-203.2, Utah Code Annotated 1953
53          65A-8-209.1, Utah Code Annotated 1953
54     REPEALS:
55          65A-8-103.5, as enacted by Laws of Utah 2015, Chapter 33
56          65A-8-205, as last amended by Laws of Utah 2011, Chapter 342
57          65A-8-208, as renumbered and amended by Laws of Utah 2007, Chapter 136
58     

59     Be it enacted by the Legislature of the state of Utah:
60          Section 1. Section 11-7-1 is amended to read:
61          11-7-1. Cooperation with other governmental units -- Burning permits --
62     Contracts.
63          (1) The governing body of every incorporated municipality and the board of
64     commissioners or county council of every county shall:
65          (a) provide adequate fire protection within their own territorial limits; and [shall]
66          (b) cooperate with all contiguous counties, municipal corporations, private
67     corporations, fire districts, state agencies, or federal governmental agencies to maintain
68     adequate fire protection within their territorial limits.
69          (2) Every incorporated municipality and every county may:
70          (a) require that persons obtain a burning permit before starting a fire on any forest,
71     wildland urban interface, brush, range, grass, grain, stubble, or hay land, except that a
72     municipality or county may not require a burning permit for the burning of fence lines on
73     cultivated lands, canals, or irrigation ditches, provided that the individual notifies the nearest
74     fire department of the approximate time that the burning will occur;
75          (b) maintain and support a fire-fighting force or fire department for its own protection;
76          (c) contract to furnish fire protection to any proximate county, municipal corporation,
77     private corporation, fire district, state agency, or federal agency;
78          (d) contract to receive fire protection from any contiguous county, municipal
79     corporation, private corporation, fire district, state agency, or federal governmental agency;
80          (e) contract to jointly provide fire protection with any contiguous county, municipal
81     corporation, private corporation, fire district, state agency, or federal governmental agency; or
82          (f) contract to contribute toward the support of a fire-fighting force, or fire department
83     in any contiguous county, municipal corporation, private corporation, fire district, state agency,
84     or federal governmental agency in return for fire protection.
85          Section 2. Section 15A-5-203 is amended to read:
86          15A-5-203. Amendments and additions to IFC related to fire safety, building, and
87     site requirements.
88          (1) For IFC, Chapter 5, Fire Service Features:
89          (a) In IFC, Chapter 5, a new Section 501.5, Access grade and fire flow, is added as
90     follows: "An authority having jurisdiction over a structure built in accordance with the
91     requirements of the International Residential Code as adopted in the State Construction Code,
92     may require an automatic fire sprinkler system for the structure only by ordinance and only if
93     any of the following conditions exist:
94          (i) the structure:
95          (A) is located in an urban-wildland interface area as provided in the Utah Wildland
96     Urban Interface Code adopted as a construction code under the State Construction Code; and
97          (B) does not meet the requirements described in Utah Code, Subsection
98     [65A-8-203(3)(a)] 65A-8-203(4)(a) and Utah Administrative Code, R652-122-200, Minimum
99     Standards for Wildland Fire Ordinance;
100          (ii) the structure is in an area where a public water distribution system with fire
101     hydrants does not exist as required in Utah Administrative Code, R309-550-5, Water Main
102     Design;
103          (iii) the only fire apparatus access road has a grade greater than 10% for more than 500
104     continual feet; or
105          (iv) (A) the water supply to the structure does not provide at least 500 gallons fire flow
106     per minute for a minimum of 30 minutes, if the total square foot living space of the structure is
107     equal to or less than 5,000 square feet;
108          (B) the water supply to the structure does not provide at least 750 gallons per minute
109     fire flow for a minimum of 30 minutes, if the total square foot living space exceeds 5,000
110     square feet, but is equal to or less than 10,000 square feet; or
111          (C) the water supply to the structure does not provide at least 1,000 gallons per minute
112     fire flow for a minimum of 30 minutes, if the total square foot living space exceeds 10,000
113     square feet."
114          (b) In IFC, Chapter 5, Section 506.1, Where Required, is deleted and rewritten as
115     follows: "Where access to or within a structure or an area is restricted because of secured
116     openings or where immediate access is necessary for life-saving or fire-fighting purposes, the
117     fire code official, after consultation with the building owner, may require a key box to be
118     installed in an approved location. The key box shall contain keys to gain necessary access as
119     required by the fire code official. For each fire jurisdiction that has at least one building with a
120     required key box, the fire jurisdiction shall adopt an ordinance, resolution, or other operating
121     rule or policy that creates a process to ensure that each key to each key box is properly
122     accounted for and secure."
123          (c) In IFC, Chapter 5, a new Section 507.1.1, Isolated one- and two-family dwellings,
124     is added as follows: "Fire flow may be reduced for an isolated one- and two-family dwelling
125     when the authority having jurisdiction over the dwelling determines that the development of a
126     full fire-flow requirement is impractical."
127          (d) In IFC, Chapter 5, a new Section 507.1.2, Pre-existing subdivision lots, is added as
128     follows "Total water supply requirements shall not exceed the fire flows described in Section
129     501.5(iv) for the largest one- or two-family dwelling, protected by an automatic fire sprinkler
130     system, on a subdivision lot platted before December 31, 1980, unless the municipality or
131     county in which the lot is located provides the required fire flow capacity."
132          (e) In IFC, Chapter 5, Section 510.1, Emergency Responder Radio Coverage in New
133     Buildings, is amended by adding: "When required by the fire code official," at the beginning of
134     the first paragraph.
135          (2) For IFC, Chapter 6, Building Services and Systems:
136          (a) In IFC, Chapter 6, Section 605.11.3.3.1, Access, is deleted and rewritten as follows:
137     "There shall be a minimum three foot wide (914 mm) clear perimeter around the edges of the
138     roof."
139          (b) In IFC, Chapter 6, Section 605.11.3.3.2, Pathways, is deleted and rewritten as
140     follows: "The solar installation shall be designed to provide designated pathways. The
141     pathways shall meet the following requirements:
142          1. The pathway shall be over areas capable of supporting the live load of fire fighters
143     accessing the roof.
144          2. The centerline axis pathways shall be provided in both axes of the roof. Centerline
145     axis pathways shall run where the roof structure is capable of supporting the live load of fire
146     fighters accessing the roof.
147          3. Smoke and heat vents required by Section 910.2.1 or 910.2.2 of this Code, shall be
148     provided with a clear pathway width of not less than three feet (914 mm) to vents.
149          4. Access to roof area required by Section 504.2 or 1009.16 of this Code, shall be
150     provided with a clear pathway width of not less than three feet (914 mm) around access
151     opening and at least three feet (914 mm) clear pathway to parapet or roof edge."
152          (c) In IFC, Chapter 6, Section 605.11.3.2, Residential Systems for One and Two
153     Family Dwellings, is deleted and rewritten as follows: "Access to residential systems for one
154     and two family dwellings shall be provided in accordance with Sections 605.11.3.2.1 through
155     605.11.3.2.4.
156          Exception: Reduction in pathways and clear access width shall be permitted where
157     shown that a rational approach has been used and that such reductions are warranted when
158     approved by the Fire Code Official."
159          (d) In IFC, Chapter 6, Section 605.11.3.3.3, Smoke Ventilation, is deleted and
160     rewritten as follows: "The solar installation shall be designed to meet the following
161     requirements:
162          1. Arrays shall be no greater than 150 feet (45.720 mm) by 150 feet (45.720 mm) in
163     distance in either axis in order to create opportunities for fire department smoke ventilation
164     operations.
165          2. Smoke ventilation options between array sections shall be one of the following:
166          2.1. A pathway six feet (1829 mm) or greater in width.
167          2.2. A three foot (914 mm) or greater in width pathway and bordering roof skylights or
168     smoke and heat vents when required by Section 910.2.1 or Section 910.2.2 of this Code.
169          2.3. Smoke and heat vents designed for remote operation using devices that can be
170     connected to the vent by mechanical, electrical, or any other suitable means, shall be protected
171     as necessary to remain operable for the design period. Controls for remote operation shall be
172     located in a control panel, clearly identified and located in an approved location."
173          (e) In IFC, Chapter 6, Section 607.4, Elevator Key Location, is deleted and rewritten as
174     follows: "Firefighter service keys shall be kept in a "Supra-Stor-a-key" elevator key box or
175     similar box with corresponding key system that is adjacent to the elevator for immediate use by
176     the fire department. The key box shall contain one key for each elevator, one key for lobby
177     control, and any other keys necessary for emergency service. The elevator key box shall be
178     accessed using a 6049 numbered key."
179          (f) In IFC, Chapter 6, Section 609.1, General, is amended as follows: On line three,
180     after the word "Code", add the words "and NFPA 96".
181          (3) For IFC, Chapter 7, Fire-Resistance-Rated Construction, IFC, Chapter 7, Section
182     703.2, is amended to add the following: "Exception: In Group E Occupancies, where the
183     corridor serves an occupant load greater than 30 and the building does not have an automatic
184     fire sprinkler system installed, the door closers may be of the friction hold-open type on
185     classrooms' doors with a rating of 20 minutes or less only."
186          Section 3. Section 65A-1-1 is amended to read:
187          65A-1-1. Definitions.
188          As used in this title:
189          (1) "Division" means the Division of Forestry, Fire, and State Lands.
190          (2) "Initial attack" means action taken by the first resource to arrive at a wildland fire
191     incident, including evaluating the wildland fire, patrolling, monitoring, holding action, or
192     aggressive suppression action.
193          [(2)] (3) "Multiple use" means the management of various surface and subsurface
194     resources in a manner that will best meet the present and future needs of the people of this
195     state.
196          (4) "Municipality" means a city, town, or metro township.
197          [(3)] (5) "Public trust assets" means those lands and resources, including sovereign
198     lands, administered by the division.
199          [(4)] (6) "Sovereign lands" means those lands lying below the ordinary high water
200     mark of navigable bodies of water at the date of statehood and owned by the state by virtue of
201     its sovereignty.
202          [(5)] (7) "State lands" means all lands administered by the division.
203          [(6)] (8) "Sustained yield" means the achievement and maintenance of high level
204     annual or periodic output of the various renewable resources of land without impairment of the
205     productivity of the land.
206          [(7)] (9) "Wildland" means an area where:
207          (a) development is essentially non-existent, except for roads, railroads, powerlines, or
208     similar transportation facilities; and
209          (b) structures, if any, are widely scattered.
210          [(8)] (10) "Wildland fire" means a fire that consumes:
211          (a) wildland; or
212          (b) wildland-urban interface, as defined in Section 65A-8a-102.
213          Section 4. Section 65A-3-3 is amended to read:
214          65A-3-3. Enforcement of laws -- City, county, or district attorney to prosecute.
215          (1) It is the duty of the division, county sheriffs, their deputies, peace officers, and
216     other law enforcement officers within the law enforcement jurisdiction to enforce the
217     provisions of this chapter and to investigate and gather evidence that may indicate a violation
218     under this chapter.
219          (2) (a) The city attorney, county attorney, or district attorney, as appropriate under
220     Sections 10-3-928, 17-18a-202, and 17-18a-203, shall[: (a)] prosecute any criminal violations
221     of this chapter[; and].
222          [(b) initiate a civil action to recover suppression costs incurred by the county or state
223     for suppression of fire on private land.]
224          (b) The counsel for an eligible entity, as defined in Section 65A-8-203, shall initiate a
225     civil action to recover suppression costs incurred by the eligible entity for suppression of fire
226     on private land.
227          Section 5. Section 65A-8-101 is amended to read:
228          65A-8-101. Division responsibilities for fire management and the conservation of
229     forest, watershed, and other lands -- Reciprocal agreements for fire protection.
230          (1) The division, in consultation with local authorities, shall determine and execute the
231     best method for protecting private and public property by:
232          (a) except as provided by Subsection (1)[(e)](d), preventing, preparing for, or
233     mitigating the origin and spread of fire on nonfederal forest, range, [or] watershed, or wildland
234     urban interface land in [an unincorporated area of] the state;
235          [(b) protecting a nonfederal forest or watershed area using conservation principles;]
236          [(c)] (b) encouraging a [private] landowner to [preserve] conserve, protect, and manage
237     forest or other land throughout the state;
238          [(d)] (c) taking action the division considers appropriate to [control] manage wildland
239     fire and protect life and property on [the] nonfederal forest, range, [or] watershed, or wildland
240     urban interface land within [an unincorporated area of] the state; and
241          [(e)] (d) implementing a limited fire suppression strategy, including allowing a fire to
242     burn with limited or modified suppression, if the division determines that the strategy is
243     appropriate for a specific area or circumstance.
244          (2) The division may:
245          (a) enter into an agreement with a public or private agency or individual:
246          (i) for the purpose of protecting, managing, or rehabilitating land owned or managed by
247     the agency or individual; and
248          (ii) establishing a predetermined fire suppression plan, including a limited fire
249     suppression strategy, for a specific fire management area; and
250          (b) enter into a reciprocal agreement with a fire protection organization, including a
251     federal agency, to provide fire protection for land, and an improvement on land, for which the
252     organization normally provides fire protection.
253          Section 6. Section 65A-8-103 is amended to read:
254          65A-8-103. Forestry and fire control funds.
255          (1) The division shall use money available to it to meet the costs of:
256          (a) [controlling] managing forest, range, [and] watershed, and wildland urban interface
257     fires;
258          (b) [controlling] managing insect and disease epidemics;
259          (c) rehabilitating or reforesting nonfederal forest, range, and watershed lands;
260          (d) promoting wildfire preparedness, wildfire mitigation, and wildfire prevention; [and]
261          (e) restoring and maintaining landscapes ensuring landscapes across the state are
262     resilient to wildfire-related disturbances, in accordance with fire management objectives;
263          (f) creating fire-adapted communities, ensuring that human populations and
264     infrastructure can withstand a wildfire without loss of life or property;
265          (g) improving wildfire response, ensuring that all political subdivisions can participate
266     in making and implementing safe, effective, and efficient risk-based wildfire management
267     decisions;
268          (h) reducing risks to wildlife such as the greater sage grouse; and
269          [(e)] (i) carrying on the purposes of this chapter.
270          (2) All money available to the division to meet the costs of Subsections (1)(a) through
271     [(e)] (i) is nonlapsing and available to the division until expended.
272          (3) (a) The collection and disbursement of all money made available to the division
273     shall be in accordance with the rules of the Division of Finance.
274          (b) Money collected by the division from fees, rentals, sales, contributions,
275     reimbursements, and other such sources shall be deposited in the appropriate account.
276          Section 7. Section 65A-8-201 is amended to read:
277          65A-8-201. Uncontrolled fire is a public nuisance.
278          Any fire on forest, range, [or] watershed, or wildland urban interface land in the state
279     burning uncontrolled and without proper and adequate action being taken to [control or prevent
280     its spread] manage it is a public nuisance.
281          Section 8. Section 65A-8-202 is amended to read:
282          65A-8-202. Fire control -- County responsibilities.
283          (1) [Counties] A county shall abate the public nuisance caused by [uncontrolled fire]
284     wildfire on unincorporated, privately owned or county owned forest, range, [and] watershed,
285     and wildland urban interface lands within its boundaries.
286          (2) [Counties, or other political subdivisions of the state as determined to be
287     appropriate by the state forester,] A county may participate in the wildland fire protection
288     system of the division and become eligible for assistance from the state by agreement under the
289     provisions of this chapter.
290          (3) A county shall:
291          (a) reduce the risk of wildfire to unincorporated, privately owned or county owned
292     forest, range, watershed, and wildland urban interface land within the county's boundaries, with
293     private landowner permission, through appropriate wildfire prevention, preparedness, and
294     mitigation actions; and
295          (b) ensure effective wildfire initial attack on unincorporated privately owned or county
296     owned forest, range, watershed, and wildland urban interface land within the county's
297     boundaries.
298          (4) A county may assign the responsibilities described in Subsections (1) and (3) to a
299     fire service provider or an eligible entity, as defined in Section 65A-8-203, through contract,
300     delegation, interlocal agreement, or another method.
301          [(3)] (5) The state forester shall make certain that appropriate action is taken to control
302     wildland fires on unincorporated nonfederal forest, range, [and] watershed, and wildland urban
303     interface lands.
304          [(4) The actual costs of suppression action taken by the division on privately owned
305     lands shall be a charge against the county in which the lands lie, unless otherwise provided by
306     cooperative agreement.]
307          (6) Nothing in this section excuses a private landowner from complying with an
308     applicable county ordinance.
309          Section 9. Section 65A-8-202.5 is enacted to read:
310          65A-8-202.5. City and town responsibilities.
311          (1) A municipality shall abate the public nuisance caused by wildfire on forest, range,
312     watershed, and wildland urban interface land within the boundaries of the municipality if the
313     land is:
314          (a) privately owned; or
315          (b) owned by the municipality.
316          (2) A municipality may participate in the wildland fire protection system of the
317     division and become eligible for assistance from the state by agreement under the provisions of
318     this chapter.
319          (3) A municipality shall:
320          (a) reduce the risk of wildfire to incorporated, privately owned and municipality owned
321     forest, range, watershed, and wildland urban interface land, with private landowner permission,
322     through appropriate wildfire prevention, preparedness, and mitigation actions; and
323          (b) ensure effective wildfire initial attack on forest, range, watershed, and wildland
324     urban interface land within the municipality's fire protection boundary.
325          (4) A municipality may assign the responsibilities described in Subsections (1) and (3)
326     to a fire service provider or an eligible entity, as defined in Section 65A-8-203, through
327     contract, delegation, interlocal agreement, or another method.
328          (5) The state forester shall make certain that appropriate action is taken to control
329     wildland fires on incorporated, nonfederal forest, range, watershed, and wildland urban
330     interface lands.
331          (6) Nothing in this section excuses a private landowner from complying with an
332     applicable county ordinance.
333          Section 10. Section 65A-8-203 is amended to read:
334          65A-8-203. Cooperative fire protection agreements with counties, cities, towns, or
335     special service districts.
336          (1) As used in this section:
337          (a) "Eligible entity" means:
338          (i) a county, a municipality, or a special service district, local district, or service area
339     with:
340          (A) wildland fire suppression responsibility as described in Section 11-7-1; and
341          (B) wildland fire suppression cost responsibility and taxing authority for a specific
342     geographic jurisdiction; or
343          (ii) upon approval by the director, a political subdivision established by a county,
344     municipality, special service district, local district, or service area that is responsible for:
345          (A) providing wildland fire suppression services; and
346          (B) paying for the cost of wildland fire suppression services.
347          (b) "Fire service provider" means a public or private entity that fulfills the duties of
348     Subsection 11-7-1(1).
349          [(1)] (2) (a) The [county legislative] governing body of any [county] eligible entity may
350     enter into a cooperative agreement with the division to receive financial and [supervisory]
351     wildfire management cooperation and assistance from the division, as described in this Title
352     65A, Chapter 8, Part 2, Fire Control.
353          (b) A cooperative agreement shall last for a term of no more than five years and be
354     renewable if the eligible entity continues to meet the requirements of this chapter.
355          [(2) A county] (3) (a) An eligible entity may not receive financial cooperation or
356     financial assistance under Subsection [(1)] (2)(a) until a cooperative agreement is executed by
357     the [county legislative body] eligible entity and the division.
358          (b) The state shall assume an eligible entity's cost of suppressing catastrophic wildfire
359     as defined in the cooperative agreement if the eligible entity has entered into, and is in full
360     compliance with, a cooperative agreement with the division, as described in this section.
361          (c) A county or municipality that is not covered by a cooperative agreement with the
362     division, as described in this section, shall be responsible for wildland fire costs within the
363     county or municipality's jurisdiction, as described in Section 65A-8-203.2.
364          [(3)] (4) In order to [be eligible to] enter into a cooperative agreement with the
365     division, the [county] eligible entity shall:
366          (a) if the eligible entity is a county, adopt and enforce on unincorporated land a
367     wildland fire ordinance based upon minimum standards established by the division or Uniform
368     Building Code Commission;
369          (b) require that the [county] fire department or equivalent [private] fire service provider
370     under contract with, or delegated by, the [county] eligible entity on unincorporated land meet
371     minimum standards for wildland fire training, certification, and [wildland fire] suppression
372     equipment based upon nationally accepted standards as specified by the division; [and]
373          (c) invest in prevention, preparedness, and mitigation efforts, as agreed to with the
374     division, that will reduce the eligible entity's risk of catastrophic wildfire;
375          [(c)] (d) file with the division [a budget for fire suppression] an annual accounting of
376     wildfire prevention, preparedness, mitigation actions, and associated costs[.];
377          (e) return the financial statement described in Subsection (6), signed by the chief
378     executive of the eligible entity, to the division on or before the date set by the division; and
379          (f) if the eligible entity is a county, have a designated fire warden as described in
380     Section 65A-8-209.1.
381          [(4) A county that chooses not to enter into a cooperative agreement with the division
382     may not be eligible to receive financial assistance from the division.]
383          (5) (a) The state forester may execute [the agreements and may divide the state into fire
384     protection districts. (6) These districts shall provide efficient and economical fire protection
385     within the area defined. (7) The districts may comprise one or more counties, or portions of
386     counties to be specified in the cooperative agreements.] a cooperative agreement with the
387     eligible entity.
388          (b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
389     Administrative Rulemaking Act, governing the:
390          (i) cooperative agreements described in this section;
391          (ii) manner in which an eligible entity shall provide proof of compliance with
392     Subsection (4);
393          (iii) manner by which the division may revoke a cooperative agreement if an eligible
394     entity ceases to meet the requirements described in this section;
395          (iv) accounting system for determining suppression costs;
396          (v) manner in which the division shall determine the eligible entity's participation
397     commitment; and
398          (vi) manner in which an eligible entity may appeal a division determination.
399          (6) (a) The division shall send a financial statement to each eligible entity participating
400     in a cooperative agreement that details the eligible entity's participation commitment for the
401     coming fiscal year, including the prevention, preparedness, and mitigation actions agreed to
402     under Subsection (4)(c).
403          (b) Each eligible entity participating in a cooperative agreement shall:
404          (i) have the chief executive of the eligible entity sign the financial statement, or the
405     legislative body of the eligible entity approve the financial statement by resolution, confirming
406     the eligible entity's participation for the upcoming year; and
407          (ii) return the financial statement to the division, on or before a date set by the division.
408          (c) A financial statement shall be effective for one calendar year, beginning on the date
409     set by the division, as described in Subsection (6)(b).
410          [(8) Under the terms of the cooperative agreements, the state forester shall file annual
411     budgets for operation of the cooperative districts with each participating county.]
412          [(9) If the county approves a budget mutually acceptable to the county and the state
413     forester, and budgets an amount for actual fire suppression costs determined to be normal by
414     the state forester, the agreement shall commit the state to pay 1/2 of the actual suppression
415     costs that exceed the stated normal costs.]
416          (7) (a) An eligible entity may revoke a cooperative agreement before the end of the
417     cooperative agreement's term by:
418          (i) informing the division, in writing, of the eligible entity's intention to revoke the
419     cooperative agreement; or
420          (ii) failing to sign and return its annual financial statement, as described in Subsection
421     (6)(b), unless the director grants an extension.
422          (b) An eligible entity may not revoke a cooperative agreement before the end of the
423     term of a signed annual financial statement, as described in Subsection (6)(c).
424          Section 11. Section 65A-8-203.1 is enacted to read:
425          65A-8-203.1. Delegation of fire management authority.
426          (1) As used in this section, "delegation of fire management authority" means the
427     acceptance by the division of responsibility for:
428          (a) managing a wildfire; and
429          (b) the cost of fire suppression, as described in Section 65A-8-203.
430          (2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
431     Administrative Rulemaking Act, governing the process for delegation of fire management
432     authority.
433          (3) Upon delegation of fire management authority, the division and its named designee
434     becomes the primary incident commander.
435          Section 12. Section 65A-8-203.2 is enacted to read:
436          65A-8-203.2. Billing a county or municipality not covered by a cooperative
437     agreement -- Calculating cost of wildfire suppression.
438          (1) The division shall bill a county that is not covered by a cooperative agreement with
439     the division, as described in Section 65A-8-203, for the cost of wildfire suppression within the
440     jurisdiction of that county accrued by the state.
441          (2) The division shall bill a municipality that is not covered by a cooperative agreement
442     with the division, as described in Section 65A-8-203, for the cost of wildfire suppression
443     within the jurisdiction of that municipality accrued by the state.
444          (3) The cost of wildfire suppression to a county or municipality that is not covered by a
445     cooperative agreement with the division, as described in Section 65A-8-203, shall be calculated
446     by determining the number of acres burned within the borders of a county or municipality,
447     dividing that number by the total number of acres burned by a wildfire, and multiplying the
448     resulting percentage by the state's total cost of wildfire suppression for that wildfire.
449          (4) A county or municipality that receives a bill from the division, pursuant to this
450     section, shall pay the bill, or make arrangements to pay the bill, within 90 days of receipt of the
451     bill, subject to the county or municipality's right to appeal, as described in Subsection
452     65A-8-203(5)(b)(vi).
453          Section 13. Section 65A-8-204 is amended to read:
454          65A-8-204. Wildland Fire Suppression Fund created.
455          (1) There is created a private-purpose trust fund known as the "Wildland Fire
456     Suppression Fund."
457          (2) The fund shall be administered by the division to pay [fire] wildfire suppression
458     [and presuppression] costs on eligible lands [within unincorporated areas of counties],
459     including for an eligible entity that has entered into a cooperative agreement, as described in
460     Section 65A-8-203.
461          (3) The contents of the fund shall include:
462          [(a) payments by counties pursuant to written agreements made under Section
463     65A-8-205;]
464          [(b)] (a) interest and earnings from the investment of fund money; [and]
465          [(c)] (b) money appropriated by the Legislature[.];
466          (c) costs recovered from successful investigations;
467          (d) federal funds received by the division for wildfire management costs;
468          (e) suppression costs billed to an eligible entity that does not participate in a
469     cooperative agreement;
470          (f) suppression costs paid to the division by another state agency;
471          (g) costs recovered from settlements and civil actions related to wildfire suppression;
472     and
473          (h) restitution payments ordered by a court following a criminal adjudication.
474          (4) Fund money shall be invested by the state treasurer with the earnings and interest
475     accruing to the fund.
476          (5) [(a)] A maximum level of $8,000,000 is established for the fund.
477          [(b) (i) Except as provided in Subsection (5)(b)(ii), if the amount of money in the fund
478     equals or exceeds $8,000,000 on March 31, no assessments may be charged for the following
479     year.]
480          [(ii) The waiver of assessments provided in Subsection (5)(b)(i) does not apply to any
481     equity payment required by Section 65A-8-205.]
482          Section 14. Section 65A-8-206 is amended to read:
483          65A-8-206. Disbursements from the Wildland Fire Suppression Fund.
484          (1) Disbursements from the fund created in Section 65A-8-204 shall be made only
485     upon written order of the state forester or [his] the state forester's authorized representative.
486          (2) If the state forester determines money in the fund may be insufficient to cover
487     eligible costs in a program year, the state forester may:
488          (a) delay making disbursements from the fund until the close of the program year[, at
489     which time available money shall be prorated among those entitled to payments at less than
490     100%.]; and
491          (b) request supplemental appropriations from the Legislature.
492          Section 15. Section 65A-8-207 is amended to read:
493          65A-8-207. Division to administer Wildland Fire Suppression Fund --
494     Rulemaking -- Procedures.
495          [(1)] By following the procedures and requirements of Title 63G, Chapter 3, Utah
496     Administrative Rulemaking Act, the division shall make rules to administer the Wildland Fire
497     Suppression Fund[, including rules:].
498          [(a) requiring documentation for: (i) the number of acres of privately or county-owned
499     land in the unincorporated area of a participating county; and (ii) an acre or real property
500     exempt in Subsection 65A-8-205(2)(b); (b)]
501           [describing the method or formula for determining: (i) normal fire suppression costs;
502     and (ii) equity payments required by Section 65A-8-205; and (c)]
503           [specifying fire suppression and presuppression costs that may be paid with
504     disbursements from the fund.]
505          [(2) By following the procedures and requirements of Title 63G, Chapter 4,
506     Administrative Procedures Act, the division shall determine whether an acre or real property is
507     eligible for the exemption provided in Subsection 65A-8-205(2)(b).]
508          Section 16. Section 65A-8-209 is amended to read:
509          65A-8-209. Responsibilities of county sheriffs and fire wardens in controlling
510     fires.
511          (1) In [those counties not directly participating in the state wildland fire protection
512     organization by] a county that has not entered into a cooperative agreement as [provided in this
513     chapter] described in Section 65A-8-203, the county sheriff shall take appropriate action to
514     suppress [uncontrolled fires] wildfires on state or private lands.
515          (2) In all cases the county sheriff shall:
516          (a) report, as prescribed by the state forester, on wildland fire control action;
517          (b) investigate and report [fire] wildfire causes; and
518          (c) enforce the provisions of this chapter either independently or in cooperation with
519     the state forester.
520          (3) In [those counties participating in the state wildland fire protection organization by]
521     an eligible entity that has entered into a cooperative agreement, as described in Section
522     65A-8-203, the primary responsibility for [fire control is delegated to the district fire warden,
523     who is designated by the state forester] wildfire management is the division, upon the
524     delegation of fire management authority, as described in Section 65A-8-203.1.
525          (4) The county sheriff and [his] the county sheriff's organization shall maintain
526     cooperative support of the fire [control] management organization.
527          Section 17. Section 65A-8-209.1 is enacted to read:
528          65A-8-209.1. County fire warden.
529          (1) (a) Each county that participates in a cooperative agreement with the division, as
530     described in Section 65A-8-203, shall be represented by a county fire warden at a minimum
531     during the closed fire season, as described in Section 65A-8-211, except as provided in
532     Subsections (1)(b) and (c).
533          (b) A county of the fifth class that, as of January 1, 2016, is cost-sharing a fire warden
534     with an adjacent county may continue to do so with the approval of the state forester.
535          (c) A county of the sixth class may cost-share a county fire warden with an adjacent
536     county, with the approval of the state forester.
537          (2) The salary and benefits paid to a county fire warden shall be:
538          (a) divided by the division and the county; or
539          (b) paid partly by the division with the remainder shared by agreement between all the
540     counties the county fire warden represents.
541          (3) (a) The division shall employ all county fire wardens.
542          (b) An individual who is employed by a county as a county fire warden on or before
543     January 1, 2016, is not subject to the requirement to be employed by the division.
544          Section 18. Section 65A-8-210 is amended to read:
545          65A-8-210. Fire control on state-owned lands -- Responsibilities of state agencies.
546          (1) The division shall abate the public nuisance caused by [uncontrolled fire] wildfire
547     on state-owned forest, range, [and] watershed, and wildland urban interface lands.
548          (2) [(a)] State agencies responsible for the administration of state-owned lands shall
549     recognize the need for providing wildland fire protection and the responsibility for [sharing the
550     costs. (b) Those agencies shall annually allocate funds to the division in amounts as are
551     determined to be fair and equitable proportionate costs for providing a basic level of fire
552     protection. (c) The amount of protection costs shall be negotiated by the respective land
553     agencies and the division.] reducing the risk of wildfire through appropriate wildfire
554     prevention, preparedness, and mitigation actions.
555          Section 19. Section 65A-8-211 is amended to read:
556          65A-8-211. Closed fire season -- Notice -- Violations -- Burning permits --
557     Personal liability -- Exemptions from burning permits.
558          (1) (a) The period from June 1 to October 31 of each year is a closed fire season
559     throughout the state.
560          (b) The state forester may advance or extend the closed season wherever and whenever
561     that action is necessary.
562          (c) The alteration of the closed season is done by posting the appropriate proclamation
563     in the courthouse of each county seat for at least seven days in advance of the date the change
564     is effective.
565          (2) During the closed season it is a class B misdemeanor to set on fire, or cause to be
566     set on fire, any flammable material on any forest, brush, range, grass, grain, stubble, or hay land
567     without:
568          (a) first securing a written permit from the state forester or a designated deputy; and
569          (b) complying fully with the terms and conditions prescribed by the permit.
570          (3) The [district] county fire warden [appointed by the state forester], or the county
571     sheriff [in nonparticipating counties] in a county that has not entered into a cooperative
572     agreement as described in Section 65A-8-203, shall issue burning permits using the form
573     prescribed by the division.
574          (4) (a) The burning permit does not relieve an individual from personal liability due to
575     neglect or incompetence.
576          (b) A fire escaping control of the permittee that necessitates fire control action or does
577     injury to the property of another is prima facie evidence that the fire was not safe.
578          (5) The state forester, [his deputies] the state forester's designees, and the county
579     sheriffs may refuse, revoke, postpone, or cancel permits when they find it necessary in the
580     interest of public safety.
581          (6) (a) A burning permit is not required for the burning of fence lines on cultivated
582     lands, canals, or irrigation ditches if:
583          (i) the burning does not pose a threat to forest, range, or watershed lands;
584          (ii) due care is used in the control of the burning; and
585          (iii) the individual notifies the nearest fire department of the approximate time the
586     burning will occur.
587          (b) Failure to notify the nearest fire department of the burning as required by this
588     section is a class B misdemeanor.
589          (7) A burning conducted in accordance with Subsection (6) is not a reckless burning
590     under Section 76-6-104 unless the fire escapes control and requires fire control action.
591          Section 20. Repealer.
592          This bill repeals:
593          Section 65A-8-103.5, Wildland fire policy -- Report.
594          Section 65A-8-205, Agreements for coverage by the Wildland Fire Suppression
595     Fund -- Eligible lands -- County and state obligations -- Termination -- Revocation.
596          Section 65A-8-208, Presuppression costs -- Disbursements from fund -- Credit
597     against assessment -- Limited by appropriation.
598          Section 21. Appropriations -- Expendable funds and accounts.
599           The Legislature has reviewed the following expendable funds for the fiscal year
600     beginning July 1, 2016, and ending June 30, 2017. Where applicable, the Legislature authorizes
601     the State Division of Finance to distribute amounts as indicated. Outlays and expenditures from
602     the recipient entities may be made without further legislative action according to a fund or
603     account's applicable authorizing statute.
604          To Department of Natural Resources -- Forestry, Fire, and State Lands
605               From Wildland Fire Suppression Fund, one-time
$4,800,000

606               Schedule of Programs:
607                    Fire Suppression Emergencies          $4,800,000
608          Section 22. Effective date.
609          (1) Except as provided in Subsection (2), this bill takes effect on January 1, 2017.
610          (2) The appropriation in Section 21 of this bill takes effect on July 1, 2016.