Representative Derrin R. Owens proposes the following substitute bill:


1     
WILDFIRE PREPAREDNESS AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Derrin R. Owens

5     
Senate Sponsor: Ralph Okerlund

6     

7     LONG TITLE
8     General Description:
9          This bill establishes the Wildland Fire Preparedness Grants Fund.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates the Wildland Fire Preparedness Grants Fund, including sources of money;
13          ▸     directs the state forester to make one or more grants to fire departments or volunteer
14     fire departments to assist in the suppression of wildland fire;
15          ▸     requires the Division of Forestry, Fire, and State Lands to make rules establishing
16     criteria for receiving a grant from the Wildland Fire Preparedness Grants Fund; and
17          ▸     makes technical and conforming amendments.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          65A-8-204, as last amended by Laws of Utah 2017, Chapter 210
25     ENACTS:

26          65A-8-213, Utah Code Annotated 1953
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 65A-8-213 is enacted to read:
30          65A-8-213. Creation of the Wildland Fire Preparedness Grants Fund -- Awarding
31     of grants -- Rulemaking.
32          (1) (a) There is created an expendable special revenue fund known as the "Wildland
33     Fire Preparedness Grants Fund."
34          (b) The Wildland Fire Preparedness Grants Fund shall consist of:
35          (i) voluntary contributions received;
36          (ii) appropriations the Legislature makes to the Wildland Fire Preparedness Grants
37     Fund;
38          (iii) 10% of the costs recovered annually related to wildfire suppression described in
39     Subsections 65A-8-204(3)(g) and (h); and
40          (iv) interest or other earnings accrued in accordance with Subsection (1)(c)(ii).
41          (c) The state treasurer shall:
42          (i) invest the money in the Wildland Fire Preparedness Grants Fund described in
43     Subsection (1)(a) following the procedures and requirements of Title 51, Chapter 7, State
44     Money Management Act; and
45          (ii) deposit all interest or other earnings derived from each investment described in
46     Subsection (1)(c)(i) into the Wildland Fire Preparedness Grants Fund.
47          (2) (a) The state forester shall make one or more grants from the Wildland Fire
48     Preparedness Grants Fund to one or more local fire departments or volunteer fire departments
49     to assist in building capacity for the suppression of wildland fire.
50          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
51     division shall make rules establishing criteria for receiving a grant under this section.
52          Section 2. Section 65A-8-204 is amended to read:
53          65A-8-204. Wildland Fire Suppression Fund created.
54          (1) There is created an expendable special revenue fund known as the "Wildland Fire
55     Suppression Fund."
56          (2) The fund shall be administered by the division to pay wildfire suppression costs on

57     eligible lands, including for an eligible entity that has entered into a cooperative agreement, as
58     described in Section 65A-8-203.
59          (3) [The] Subject to Section 65A-8-213, the contents of the fund shall include:
60          (a) interest and earnings from the investment of fund money;
61          (b) money appropriated by the Legislature;
62          (c) costs recovered from successful investigations;
63          (d) federal funds received by the division for wildfire management costs;
64          (e) suppression costs billed to an eligible entity that does not participate in a
65     cooperative agreement;
66          (f) suppression costs paid to the division by another state agency;
67          (g) costs recovered from settlements and civil actions related to wildfire suppression;
68          (h) restitution payments ordered by a court following a criminal adjudication;
69          (i) the balance of the fund as of July 1, 2016;
70          (j) money deposited by the Division of Finance, pursuant to Section 59-21-2; and
71          (k) money transferred by the Division of Finance, pursuant to Section 63J-1-314.
72          (4) Fund money shall be invested by the state treasurer with the earnings and interest
73     accruing to the fund.