Bill Text: AZ HB2343 | 2014 | Fifty-first Legislature 2nd Regular | Engrossed
Bill Title: Wildfire prevention; state trust land
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2014-04-23 - Chapter 207 [HB2343 Detail]
Download: Arizona-2014-HB2343-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2343 |
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AN ACT
amending section 37-481, Arizona Revised Statutes; amending title 37, chapter 2, Arizona Revised Statutes, by adding article 20; amending title 37, chapter 2.1, article 1, Arizona Revised Statutes, by adding sections 37-625 and 37‑626; amending section 37-641, Arizona Revised Statutes; making appropriations; relating to forest health on state lands.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 37-481, Arizona Revised Statutes, is amended to read:
37-481. Conservation and administration of products of state lands; removal of vegetative natural products; program termination
A. The state land department shall conserve, sell or otherwise administer the timber products, stone, gravel and other products and property upon lands belonging to the state under rules not in conflict with the enabling act and the constitution.
B. The department may establish by rule a program for the removal of vegetative natural products for the purpose of fire suppression and forest management on state lands. The program must identify and prioritize removal areas in a manner consistent with best land management practices established by the department. The application for the removal of vegetative natural products under the program must include the appraisal and auction of the vegetative natural products. The proceeds of the sale of vegetative natural products pursuant to this subsection must be deposited, pursuant to sections 35-146 and 35-147, into the permanent state school fund.
C. The program established pursuant to subsection B of this section ends on July 1, 2024 pursuant to section 41‑3102.
Sec. 2. Title 37, chapter 2, Arizona Revised Statutes, is amended by adding article 20, to read:
ARTICLE 20. BEST LAND MANAGEMENT PRACTICES
37-620.31. Best land management practices
A. On or before January 1, 2016, the commissioner, in coordination with the state forester, shall develop and adopt best land management practices for state lands to decrease the severity of wildland fires and to promote forest management. Criteria for developing best land management practices may include the information and considerations prescribed by section 37-622, subsection B, paragraph 1. Once developed, the commissioner and state forester shall identify and prioritize the state lands that would benefit the most from implementation of the best land management practices.
B. In developing the best land management practices, the commissioner and state forester shall contact and may coordinate with:
1. Federal, state, local or tribal agencies.
2. Other interested parties, including members of the timber and agricultural industries, educational organizations, natural resource conservation districts, agricultural improvement districts or environmental or wildlife organizations.
C. The best land management practices must be used to develop a specific area plan pursuant to section 37‑625 for the identified state lands that would benefit the most from the best land management practices.
Sec. 3. Title 37, chapter 2.1, article 1, Arizona Revised Statutes, is amended by adding sections 37-625 and 37-626, to read:
37-625. Best land management practices; specific area plans; public meetings
A. The state forester shall use best land management practices adopted pursuant to section 37‑620.31 to develop specific area plans for the state lands identified as benefiting the most from implementation of the best land management practices.
B. Once a specific area plan is developed, the state forester shall hold at least two public meetings to provide information to the public and to gather public comment before implementing the specific area plan. A public meeting must be held in each county in which the specific area plan will be implemented.
C. The state forester shall implement a specific area plan in a manner consistent with the duties prescribed in this article. To implement the best land management practices and the specific area plan on the identified state lands, the state forester, after consultation with the state land commissioner, may:
1. Coordinate and contract with public and private entities.
2. Enter into intergovernmental agreements with public agencies pursuant to title 11, chapter 7, article 3 to share the cost of implementing the specific area plan. The intergovernmental agreement must state the responsibilities of each party concerning the implementation of the specific area plan.
37-626. Best land management practices fund; appropriation; transfer; exemption
A. The best land management practices fund is established consisting of monies appropriated by the legislature, federal monies and private grants, gifts, contributions and devises. beginning in fiscal year 2015-2016, the sum of one million eight hundred thousand dollars is appropriated in each fiscal year from the state general fund to the best land management practices fund. Monies in the fund must be used for the planning, administration, development and implementation of best land management practices and specific area plans. The state forester shall administer the fund. Monies in the fund are continuously appropriated. The state forester may not spend more than ten per cent of the monies in the fund each fiscal year for administrative costs.
B. The state forester may transfer monies from the fund to the community protection initiative fund established by section 37-641 for cost‑share funding and grants for projects that reduce the volume of hazardous fuels on nonfederal forested land in this state.
C. On notice from the state forester, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
D. The state forester may apply for, accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this article.
E. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
Sec. 4. Section 37-641, Arizona Revised Statutes, is amended to read:
37-641. Community protection initiative fund
A. The community protection initiative fund is established. The state forester shall administer the fund. The fund consists of legislative appropriations, monies transferred pursuant to section 37‑626, gifts, grants and any other public or private revenue received by the state forester for the purposes of this article. Monies in the fund are continuously appropriated to the state forester for the purposes of this article.
B. On notice from the state forester, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35‑190, relating to lapsing of appropriations.
C. The state forester may apply for and accept federal and private monies, grants, gifts, contributions and devises for deposit in the fund to be spent for the purposes of this article.
Sec. 5. Appropriation; state forester; forest thinning; best land management practices; forest health
The sum of $1,800,000 is appropriated from the state general fund in fiscal year 2014-2015 to the state forester for forest thinning projects and projects that promote forest health on state lands, including the implementation of best land management practices. The state forester may deposit any portion of this appropriation in the community protection initiative fund established by section 37-641, Arizona Revised Statutes, as amended by this act, for the purposes of cost-share funding or grants for forest thinning projects and projects that promote forest health. The state forester shall give priority to projects that have previously been funded by counties, cities or towns.
Sec. 6. Appropriation; state land department
The sum of $200,000 and 1 FTE position are appropriated from the state general fund in fiscal year 2014-2015 to the state land department to implement a program for the removal of vegetative natural products pursuant to section 37‑481, subsection B, Arizona Revised Statutes, as added by this act.
