Senator Michael K. McKell proposes the following substitute bill:


1     
FIRE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Casey Snider

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions concerning control and funding related to fire.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions related to calculating amounts to be transferred to a Medicaid
13     fund and the Wildland-urban Interface Prevention, Preparedness, and Mitigation
14     Fund;
15          ▸     modifies definitions related to the State Appropriations and Tax Limitation Act and
16     the Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund;
17          ▸     addresses timing of transfers related to the Industrial Assistance Account and the
18     Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund;
19          ▸     modifies provisions related to cooperative fire protection agreements;
20          ▸     requires the Division of Forestry, Fire, and State Lands to analyze certain issues
21     related to the wildfire risk assessment mapping tool;
22          ▸     permits adjustments to participation commitments based on the wildfire risk
23     assessment mapping tool;
24          ▸     adjusts the calculation for billing a county or municipality without a cooperative
25     agreement;

26          ▸     modifies money to be deposited into the Wildland-urban Interface Prevention,
27     Preparedness, and Mitigation Fund; and
28          ▸     makes technical changes.
29     Money Appropriated in this Bill:
30          This bill appropriates in fiscal year 2025:
31          ▸     to Department of Natural Resources - Wildland Fire Suppression Fund as a
32     one-time appropriation:
33               •     from the General Fund, One-time, ($4,000,000)
34          ▸     to Department of Natural Resources - Wildland-urban Interface Prevention,
35     Preparedness and Mitigation Fund as a one-time appropriation:
36               •     from the General Fund, One-time, $4,000,000
37     Other Special Clauses:
38          None
39     Utah Code Sections Affected:
40     AMENDS:
41          63J-1-315, as last amended by Laws of Utah 2023, Chapter 329
42          63J-3-103, as last amended by Laws of Utah 2022, Chapter 456
43          63N-3-106, as last amended by Laws of Utah 2023, Chapter 499
44          65A-8-203, as last amended by Laws of Utah 2023, Chapter 16
45          65A-8-203.2, as enacted by Laws of Utah 2016, Chapter 174
46          65A-8-215, as enacted by Laws of Utah 2023, Chapter 153
47     

48     Be it enacted by the Legislature of the state of Utah:
49          Section 1. Section 63J-1-315 is amended to read:
50          63J-1-315. Medicaid Growth Reduction and Budget Stabilization Account --
51     Transfers of Medicaid growth savings -- Base budget adjustments.
52          (1) As used in this section:
53          (a) "Department" means the Department of Health and Human Services created in
54     Section 26B-1-201.
55          (b) "Division" means the Division of Integrated Healthcare created in Section
56     26B-3-102.

57          (c) "General Fund revenue surplus" means a situation where actual General Fund
58     revenues collected in a completed fiscal year exceed the estimated revenues for the General
59     Fund for that fiscal year that were adopted by the Executive Appropriations Committee of the
60     Legislature.
61          (d) "Medicaid growth savings" means the Medicaid growth target minus Medicaid
62     program expenditures, if Medicaid program expenditures are less than the Medicaid growth
63     target.
64          (e) "Medicaid growth target" means Medicaid program expenditures for the previous
65     year multiplied by 1.08.
66          (f) "Medicaid program" is as defined in Section 26B-3-101.
67          (g) "Medicaid program expenditures" means total state revenue expended for the
68     Medicaid program from the General Fund, including restricted accounts within the General
69     Fund, during a fiscal year.
70          (h) "Medicaid program expenditures for the previous year" means total state revenue
71     expended for the Medicaid program from the General Fund, including restricted accounts
72     within the General Fund, during the fiscal year immediately preceding a fiscal year for which
73     Medicaid program expenditures are calculated.
74          (i) "Operating deficit" means that, at the end of the fiscal year, the unassigned fund
75     balance in the General Fund is less than zero.
76          (j) "State revenue" means revenue other than federal revenue.
77          (k) "State revenue expended for the Medicaid program" includes money transferred or
78     appropriated to the Medicaid Growth Reduction and Budget Stabilization Account only to the
79     extent the money is appropriated for the Medicaid program by the Legislature.
80          (2) There is created within the General Fund a restricted account to be known as the
81     Medicaid Growth Reduction and Budget Stabilization Account.
82          (3) (a) (i) Except as provided in Subsection (6), if, at the end of a fiscal year, there is a
83     General Fund revenue surplus, the Division of Finance shall transfer an amount equal to
84     Medicaid growth savings from the General Fund to the Medicaid Growth Reduction and
85     Budget Stabilization Account.
86          (ii) If the amount transferred is reduced to prevent an operating deficit, as provided in
87     Subsection (6), the Legislature shall include, to the extent revenue is available, an amount

88     equal to the reduction as an appropriation from the General Fund to the account in the base
89     budget for the second fiscal year following the fiscal year for which the reduction was made.
90          (b) If, at the end of a fiscal year, there is not a General Fund revenue surplus, the
91     Legislature shall include, to the extent revenue is available, an amount equal to Medicaid
92     growth savings as an appropriation from the General Fund to the account in the base budget for
93     the second fiscal year following the fiscal year for which the reduction was made.
94          (c) Subsections (3)(a) and (3)(b) apply only to the fiscal year in which the department
95     implements the proposal developed under Section 26B-3-202 to reduce the long-term growth in
96     state expenditures for the Medicaid program, and to each fiscal year after that year.
97          (4) The Division of Finance shall calculate the amount to be transferred under
98     Subsection (3):
99          (a) before transferring revenue from the General Fund revenue surplus to:
100          (i) the General Fund Budget Reserve Account under Section 63J-1-312;
101          (ii) (A) the Wildland Fire Suppression Fund created in Section 65A-8-204, as
102     described in Section 63J-1-314; [and] or
103          (B) the Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund under
104     Section 63J-1-314; and
105          (iii) the State Disaster Recovery Restricted Account under Section 63J-1-314;
106          (b) before earmarking revenue from the General Fund revenue surplus to the Industrial
107     Assistance Account under Section 63N-3-106; and
108          (c) before making any other year-end contingency appropriations, year-end set-asides,
109     or other year-end transfers required by law.
110          (5) (a) If, at the close of any fiscal year, there appears to be insufficient money to pay
111     additional debt service for any bonded debt authorized by the Legislature, the Division of
112     Finance may hold back from any General Fund revenue surplus money sufficient to pay the
113     additional debt service requirements resulting from issuance of bonded debt that was
114     authorized by the Legislature.
115          (b) The Division of Finance may not spend the hold back amount for debt service
116     under Subsection (5)(a) unless and until it is appropriated by the Legislature.
117          (c) If, after calculating the amount for transfer under Subsection (3), the remaining
118     General Fund revenue surplus is insufficient to cover the hold back for debt service required by

119     Subsection (5)(a), the Division of Finance shall reduce the transfer to the Medicaid Growth
120     Reduction and Budget Stabilization Account by the amount necessary to cover the debt service
121     hold back.
122          (d) Notwithstanding Subsections (3) and (4), the Division of Finance shall hold back
123     the General Fund balance for debt service authorized by this Subsection (5) before making any
124     transfers to the Medicaid Growth Reduction and Budget Stabilization Account or any other
125     designation or allocation of General Fund revenue surplus.
126          (6) Notwithstanding Subsections (3) and (4), if, at the end of a fiscal year, the Division
127     of Finance determines that an operating deficit exists and that holding back earmarks to the
128     Industrial Assistance Account under Section 63N-3-106, transfers to the Wildland Fire
129     Suppression Fund and State Disaster Recovery Restricted Account under Section 63J-1-314,
130     transfers to the General Fund Budget Reserve Account under Section 63J-1-312, or earmarks
131     and transfers to more than one of those accounts, in that order, does not eliminate the operating
132     deficit, the Division of Finance may reduce the transfer to the Medicaid Growth Reduction and
133     Budget Stabilization Account by the amount necessary to eliminate the operating deficit.
134          (7) The Legislature may appropriate money from the Medicaid Growth Reduction and
135     Budget Stabilization Account only:
136          (a) if Medicaid program expenditures for the fiscal year for which the appropriation is
137     made are estimated to be 108% or more of Medicaid program expenditures for the previous
138     year; and
139          (b) for the Medicaid program.
140          (8) The Division of Finance shall deposit interest or other earnings derived from
141     investment of Medicaid Growth Reduction and Budget Stabilization Account money into the
142     General Fund.
143          Section 2. Section 63J-3-103 is amended to read:
144          63J-3-103. Definitions.
145          As used in this chapter:
146          (1) (a) "Appropriations" means actual unrestricted capital and operating appropriations
147     from unrestricted General Fund and Income Tax Fund sources.
148          (b) "Appropriations" includes appropriations that are contingent upon available
149     surpluses in the General Fund and Income Tax Fund.

150          (c) "Appropriations" does not mean:
151          (i) public education expenditures;
152          (ii) Utah Education and Telehealth Network expenditures in support of public
153     education;
154          (iii) Utah Board of Higher Education expenditures in support of public education;
155          (iv) State Tax Commission expenditures related to collection of income taxes in
156     support of public education;
157          (v) debt service expenditures;
158          (vi) emergency expenditures;
159          (vii) expenditures from all other fund or subfund sources;
160          (viii) transfers or appropriations from the Income Tax Fund to the Uniform School
161     Fund;
162          (ix) transfers into, or appropriations made to, the General Fund Budget Reserve
163     Account established in Section 63J-1-312;
164          (x) transfers into, or appropriations made to, the Income Tax Fund Budget Reserve
165     Account established in Section 63J-1-313;
166          (xi) transfers in accordance with Section 63J-1-314 into, or appropriations made to the
167     Wildland Fire Suppression Fund created in Section 65A-8-204 [or], the Wildland-urban
168     Interface Prevention, Preparedness, and Mitigation Fund created in Section 65A-8-215, or the
169     State Disaster Recovery Restricted Account created in Section 53-2a-603;
170          (xii) money appropriated to fund the total one-time project costs for the construction of
171     capital development projects as defined in Section 63A-5b-401;
172          (xiii) transfers or deposits into or appropriations made to the Centennial Highway Fund
173     created by Section 72-2-118;
174          (xiv) transfers or deposits into or appropriations made to the Transportation Investment
175     Fund of 2005 created by Section 72-2-124;
176          (xv) transfers or deposits into or appropriations made to:
177          (A) the Department of Transportation from any source; or
178          (B) any transportation-related account or fund from any source; or
179          (xvi) supplemental appropriations from the General Fund to the Division of Forestry,
180     Fire, and State Lands to provide money for wildland fire control expenses incurred during the

181     current or previous fire years.
182          (2) "Base year real per capita appropriations" means the result obtained for the state by
183     dividing the fiscal year 1985 actual appropriations of the state less debt money by:
184          (a) the state's July 1, 1983 population; and
185          (b) the fiscal year 1983 inflation index divided by 100.
186          (3) "Calendar year" means the time period beginning on January 1 of any given year
187     and ending on December 31 of the same year.
188          (4) "Fiscal emergency" means an extraordinary occurrence requiring immediate
189     expenditures and includes the settlement under Laws of Utah 1988, Fourth Special Session,
190     Chapter 4.
191          (5) "Fiscal year" means the time period beginning on July 1 of any given year and
192     ending on June 30 of the subsequent year.
193          (6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual
194     capital and operations appropriations from General Fund and non-Uniform School Fund
195     income tax revenue sources, less debt money.
196          (7) "Inflation index" means the change in the general price level of goods and services
197     as measured by the Gross National Product Implicit Price Deflator of the Bureau of Economic
198     Analysis, U.S. Department of Commerce calculated as provided in Section 63J-3-202.
199          (8) (a) "Maximum allowable appropriations limit" means the appropriations that could
200     be, or could have been, spent in any given year under the limitations of this chapter.
201          (b) "Maximum allowable appropriations limit" does not mean actual appropriations
202     spent or actual expenditures.
203          (9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two
204     fiscal years previous to the fiscal year for which the maximum allowable inflation and
205     population appropriations limit is being computed under this chapter.
206          (10) "Most recent fiscal year's population" means the fiscal year population two fiscal
207     years previous to the fiscal year for which the maximum allowable inflation and population
208     appropriations limit is being computed under this chapter.
209          (11) "Population" means the number of residents of the state as of July 1 of each year
210     as calculated by the Governor's Office of Planning and Budget according to the procedures and
211     requirements of Section 63J-3-202.

212          (12) "Revenues" means the revenues of the state from every tax, penalty, receipt, and
213     other monetary exaction and interest connected with it that are recorded as unrestricted revenue
214     of the General Fund and from non-Uniform School Fund income tax revenues, except as
215     specifically exempted by this chapter.
216          (13) "Security" means any bond, note, warrant, or other evidence of indebtedness,
217     whether or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an
218     "indebtedness" within the meaning of any provision of the constitution or laws of this state.
219          Section 3. Section 63N-3-106 is amended to read:
220          63N-3-106. Structure of loans, grants, and assistance -- Repayment -- Earned
221     credits.
222          (1) (a) Subject to Subsection (1)(b), the administrator has authority to determine the
223     structure, amount, and nature of any loan, grant, or other financial assistance from the restricted
224     account.
225          (b) Loans made under this part shall be structured so the intended repayment or return
226     to the state, including cash or credit, equals at least the amount of the assistance together with
227     an annual interest charge as negotiated by the administrator.
228          (c) Payments resulting from grants awarded from the restricted account shall be made
229     only after the administrator has determined that the company has satisfied the conditions upon
230     which the payment or earned credit was based.
231          (2) (a) The administrator may provide for a system of earned credits that may be used
232     to support grant payments or in lieu of cash repayment of a restricted account loan obligation.
233          (b) The value of the credits described in Subsection (2)(a) shall be based on factors
234     determined by the administrator, including:
235          (i) the number of Utah jobs created;
236          (ii) the increased economic activity in Utah; or
237          (iii) other events and activities that occur as a result of the restricted account assistance.
238          (3) (a) A cash loan repayment or other cash recovery from a company receiving
239     assistance under this section, including interest, shall be deposited into the restricted account.
240          (b) The administrator and the Division of Finance shall determine the manner of
241     recognizing and accounting for the earned credits used in lieu of loan repayments or to support
242     grant payments as provided in Subsection (2).

243          (4) (a) (i) At the end of each fiscal year, the Division of Finance shall set aside the
244     balance of the General Fund revenue surplus as defined in Section 63J-1-312 after the transfers
245     of General Fund revenue surplus described in Subsection (4)(b) to the Industrial Assistance
246     Account in an amount equal to any credit that has accrued under this part.
247          (ii) The set aside under Subsection (4)(a)(i) shall be capped at $50,000,000, at which
248     time no subsequent contributions may be made and any interest accrued above the $50,000,000
249     cap shall be deposited into the General Fund.
250          (b) The set aside required by Subsection (4)(a) shall be made after the transfer of
251     surplus General Fund revenue surplus is made to:
252          (i) [to] the Medicaid Growth Reduction and Budget Stabilization Restricted Account,
253     as provided in Section 63J-1-315;
254          (ii) [to] the General Fund Budget Reserve Account, as provided in Section 63J-1-312;
255     and
256          (iii) as provided in Section 63J-1-314:
257          (A) the Wildland Fire Suppression Fund or the Wildland-urban Interface Prevention,
258     Preparedness, and Mitigation Fund; and
259          (B) the State Disaster Recovery Restricted Account.
260          [(iii) to the Wildland Fire Suppression Fund or State Disaster Recovery Restricted
261     Account, as provided in Section 63J-1-314.]
262          (c) These credit amounts may not be used for purposes of the restricted account as
263     provided in this part until appropriated by the Legislature.
264          Section 4. Section 65A-8-203 is amended to read:
265          65A-8-203. Cooperative fire protection agreements with counties, cities, towns, or
266     special service districts.
267          (1) As used in this section:
268          (a) "Eligible entity" means:
269          (i) a county, a municipality, or a special service district, special district, or service area
270     with:
271          (A) wildland fire suppression responsibility as described in Section 11-7-1; and
272          (B) wildland fire suppression cost responsibility and taxing authority for a specific
273     geographic jurisdiction; or

274          (ii) upon approval by the director, a political subdivision established by a county,
275     municipality, special service district, special district, or service area that is responsible for:
276          (A) providing wildland fire suppression services; and
277          (B) paying for the cost of wildland fire suppression services.
278          (b) "Fire service provider" means a public or private entity that fulfills the duties of
279     Subsection 11-7-1(1).
280          (2) (a) The governing body of any eligible entity may enter into a cooperative
281     agreement with the division to receive financial and wildfire management cooperation and
282     assistance from the division, as described in this part.
283          (b) A cooperative agreement shall last for a term of no more than five years and be
284     renewable if the eligible entity continues to meet the requirements of this chapter.
285          [(3) (a) An eligible entity may not receive financial cooperation or financial assistance
286     under Subsection (2)(a) until a cooperative agreement is executed by the eligible entity and the
287     division.]
288          [(b)] (3) (a) The state shall assume an eligible entity's cost of suppressing catastrophic
289     wildfire as defined in the cooperative agreement if the eligible entity has entered into, and is in
290     full compliance with, a cooperative agreement with the division, as described in this section.
291          [(c)] (b) A county or municipality that is not covered by a cooperative agreement with
292     the division, as described in this section, shall be responsible for wildland fire costs within the
293     county or municipality's jurisdiction, as described in Section 65A-8-203.2.
294          (4) [In order to] To enter into a cooperative agreement with the division, the eligible
295     entity shall:
296          (a) if the eligible entity is a county, adopt and enforce on unincorporated land a
297     wildland fire ordinance based upon minimum standards established by the division or Uniform
298     Building Code Commission;
299          (b) require that the fire department or equivalent fire service provider under contract
300     with, or delegated by, the eligible entity on unincorporated land meet minimum standards for
301     wildland fire training, certification, and suppression equipment based upon nationally accepted
302     standards as specified by the division;
303          (c) invest in prevention, preparedness, and mitigation efforts, as agreed to with the
304     division, that will reduce the eligible entity's risk of catastrophic wildfire;

305          (d) (i) file with the division an annual accounting of wildfire prevention, preparedness,
306     mitigation actions, and associated costs;
307          (ii) meet the eligibility entity's participation commitment by making direct payments to
308     the division; or
309          (iii) do a combination of Subsections (4)(d)(i) and (ii);
310          (e) return the financial statement described in Subsection (6), signed by the chief
311     executive of the eligible entity, to the division on or before the date set by the division; and
312          (f) if the eligible entity is a county, have a designated fire warden as described in
313     Section 65A-8-209.1.
314          (5) (a) The state forester may execute a cooperative agreement with the eligible entity.
315          (b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
316     Administrative Rulemaking Act, governing the:
317          (i) cooperative agreements described in this section;
318          (ii) manner in which an eligible entity shall provide proof of compliance with
319     Subsection (4);
320          (iii) manner by which the division may revoke a cooperative agreement if an eligible
321     entity ceases to meet the requirements described in this section;
322          (iv) accounting system for determining suppression costs;
323          (v) manner in which the division shall determine the eligible entity's participation
324     commitment; and
325          (vi) manner in which an eligible entity may appeal a division determination.
326          (6) (a) The division shall send a financial statement to each eligible entity participating
327     in a cooperative agreement that details the eligible entity's participation commitment for the
328     coming fiscal year, including the prevention, preparedness, and mitigation actions agreed to
329     under Subsection (4)(c).
330          (b) Each eligible entity participating in a cooperative agreement shall:
331          (i) have the chief executive of the eligible entity sign the financial statement, or the
332     legislative body of the eligible entity approve the financial statement by resolution, confirming
333     the eligible entity's participation for the upcoming year; and
334          (ii) return the financial statement to the division, on or before a date set by the division.
335          (c) A financial statement shall be effective for one calendar year, beginning on the date

336     set by the division, as described in Subsection (6)(b).
337          (7) (a) An eligible entity may revoke a cooperative agreement before the end of the
338     cooperative agreement's term by:
339          (i) informing the division, in writing, of the eligible entity's intention to revoke the
340     cooperative agreement; or
341          (ii) failing to sign and return its annual financial statement, as described in Subsection
342     (6)(b), unless the director grants an extension.
343          (b) An eligible entity may not revoke a cooperative agreement before the end of the
344     term of a signed annual financial statement, as described in Subsection (6)(c).
345          (8) (a) The division shall develop and maintain a wildfire risk assessment mapping tool
346     that is online and publicly accessible.
347          (b) (i) The division shall analyze adding an additional high-risk category within the
348     wildfire risk assessment mapping tool described in Subsection (8)(a):
349          (A) using a scientific assessment; and
350          (B) that is focused on the risk to dwellings within the wildland-urban interface area.
351          (ii) The division shall report the results of the division's analysis under this Subsection
352     (8)(b) to the Natural Resources, Agriculture, and Environment Interim Committee by no later
353     than the 2024 November interim meeting of that committee.
354          (c) With regard to the categories used within the wildfire risk assessment mapping tool
355     described in Subsection (8)(a), the division may adjust the assessment for participation
356     commitments if the adjustment is based on the Consumer Price Index for All Urban Consumers
357     as published by the Bureau of Labor Statistics of the United States Department of Labor, in
358     accordance with a formula established by the division by rule made in accordance with Title
359     63G, Chapter 3, Utah Administrative Rulemaking Act.
360          [(9) By no later than the 2021 November interim meeting of the Natural Resources,
361     Agriculture, and Environment Interim Committee, the division shall report on the eligible
362     entities' adherence to and implementation of their participation commitment under this
363     chapter.]
364          Section 5. Section 65A-8-203.2 is amended to read:
365          65A-8-203.2. Billing a county or municipality not covered by a cooperative
366     agreement -- Calculating cost of wildfire suppression.

367          (1) The division shall bill a county that is not covered by a cooperative agreement with
368     the division, as described in Section 65A-8-203, for the cost of wildfire suppression within the
369     jurisdiction of that county accrued by the state.
370          (2) The division shall bill a municipality that is not covered by a cooperative agreement
371     with the division, as described in Section 65A-8-203, for the cost of wildfire suppression
372     within the jurisdiction of that municipality accrued by the state.
373          (3) The cost of wildfire suppression to a county or municipality that is not covered by a
374     cooperative agreement with the division, as described in Section 65A-8-203, shall be calculated
375     by determining the number of acres burned within the borders of a county or municipality,
376     dividing that number by the total number of nonfederal acres burned by a wildfire, and
377     multiplying the resulting percentage by the state's total cost of wildfire suppression for that
378     wildfire.
379          (4) A county or municipality that receives a bill from the division, pursuant to this
380     section, shall pay the bill, or make arrangements to pay the bill, within 90 days of receipt of the
381     bill, subject to the county or municipality's right to appeal, as described in Subsection
382     65A-8-203(5)(b)(vi).
383          Section 6. Section 65A-8-215 is amended to read:
384          65A-8-215. Wildland-urban interface fire prevention, preparedness, and
385     mitigation.
386          (1) As used in this section:
387          (a) "Prevention, preparedness, and mitigation fund" means the Wildland-urban
388     Interface Prevention, Preparedness, and Mitigation Fund created in this section.
389          (b) "Suppression fund" means the Wildland Fire Suppression Fund created in Section
390     65A-8-204.
391          (c) "Wildland-urban interface" means the zone where structures and other human
392     development meets, or intermingles with, undeveloped wildland.
393          (2) (a) There is created an expendable special revenue fund known as the
394     "Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund."
395          (b) The prevention, preparedness, and mitigation fund shall consist of:
396          (i) interest and earnings from the investment of money from the prevention,
397     preparedness, and mitigation fund;

398          (ii) money received as direct payment from cooperative wildfire system participation
399     commitments;
400          [(ii)] (iii) money appropriated by the Legislature; and
401          [(iii)] (iv) money transferred to the prevention, preparedness, and mitigation fund
402     under Section 63J-1-314.
403          (c) The division shall administer the prevention, preparedness, and mitigation fund to:
404          (i) pay costs of prevention and preparedness efforts on wildland-urban interface within
405     the state, as defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah
406     Administrative Rulemaking Act, including costs of an eligible entity that has entered into a
407     cooperative agreement, as described in Section 65A-8-203;
408          (ii) issue fire department assistance grants, which in the aggregate may not exceed 10%
409     of the money in the prevention, preparedness, and mitigation fund each fiscal year; and
410          (iii) in cases of catastrophic need as determined by the state forester, pay costs that
411     could be paid from the suppression fund under Section 65A-8-204.
412          (d) Disbursements from the prevention, preparedness, and mitigation fund may only be
413     made upon written order of the state forester or the state forester's authorized representative.
414          (3) (a) The division may by rule, made in accordance with Title 63G, Chapter 3, Utah
415     Administrative Rulemaking Act, establish criteria for community wildfire preparedness plans
416     addressing wildland-urban interface. The criteria shall require action that is:
417          (i) qualitative and quantitative; and
418          (ii) leads to reduced wildfire risk.
419          (b) An eligible entity, as defined in Section 65A-8-203, shall agree to implement
420     prevention, preparedness, and mitigation actions identified in a community wildfire
421     preparedness plan addressing wildland-urban interface that is approved by the division.
422          Section 7. FY 2025 Appropriation.
423          The following sums of money are appropriated for the fiscal year beginning July 1,
424     2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
425     fiscal year 2025.
426          Subsection 7(a). Expendable Funds and Accounts.
427          The Legislature has reviewed the following expendable funds. The Legislature
428     authorizes the State Division of Finance to transfer amounts between funds and accounts as

429     indicated. Outlays and expenditures from the funds or accounts to which the money is
430     transferred may be made without further legislative action, in accordance with statutory
431     provisions relating to the funds or accounts.
432     
ITEM 1
     To Department of Natural Resources - Wildland Fire Suppression Fund
433      From General Fund, One-time($4,000,000)
434      Schedule of Programs:
435      Wildland Fire Suppression Fund($4,000,000)
436     I
TEM 2
     To Department of Natural Resources - Wildland-urban Interface Prevention,
437     Preparedness and Mitigation Fund
438      From General Fund, One-time$4,000,000
439      Schedule of Programs:
440      Wildland-urban Interface Prevention,
Preparedness and Mitigation Fund
$4,000,000
441     The Legislature intends that the Division of Forestry, Fire, and State Lands expends money
442     appropriated by this Item 2 to pay for costs of pre-suppression mitigation and education and
443     post fire restoration at the discretion of the Division of Forestry, Fire, and State Lands.

444          Section 8. Effective date.
445          This bill takes effect on May 1, 2024.