Bill Text: AZ HB2203 | 2018 | Fifty-third Legislature 2nd Regular | Engrossed
Bill Title: Wildland fuel loads; watershed protection
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-03-19 - Senate NREW Committee action: do pass amended/strike-everything, voting: (5-3-0-0) [HB2203 Detail]
Download: Arizona-2018-HB2203-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HOUSE BILL 2203 |
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AN ACT
amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.41; amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11-269.20; amending sections 37-1302 and 37-1303, Arizona Revised Statutes; relating to fire management.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.41, to read:
9-500.41. Catastrophic wildland fuel loads; determination; notice; plan to abate; emergency abatement; definitions
A. The mayor of a city or town may determine that a catastrophic wildland fuel load exists on state or federal land located within the boundaries of the city or town. In evaluating whether a catastrophic wildland fuel load exists, the mayor may consider:
1. Tree density and overall health of forested areas, including the fire regime condition class.
2. Insect and disease infestation, including insect and disease hazard ratings.
3. Fuel loads.
4. Forest or range types.
5. Slopes and other natural characteristics of an area.
6. Watershed protection criteria.
7. Weather and climate.
8. Any other factor the mayor determines is relevant under the circumstances.
B. Except as provided in subsections F and G of this section, on determining that a catastrophic wildland fuel load exists, the mayor of the city or town shall do all of the following:
1. Consult with the city or town attorney or the attorney general.
2. Notify, by personal service or certified mail, the federal or state agency that manages the land on which the catastrophic wildland fuel load exists.
3. Provide a copy of the notice of determination to the governor, the attorney general and, if the catastrophic wildland fuel load exists on federal land, the congressional delegation of this state.
C. The notice of determination required by subsection B, paragraph 2 of this section shall include:
1. A detailed explanation of the basis for the determination that a catastrophic wildland fuel load exists.
2. A demand that the federal or state agency make a plan to abate the catastrophic wildland fuel load.
3. A specific date, at least thirty days after the date on which the notice is received, by which the federal or state agency that manages the land must abate the catastrophic wildland fuel load or produce a plan to mitigate the catastrophic wildland fuel load that is reasonably acceptable to the city or town.
D. The mayor of the city or town may enter into a plan with the federal or state agency that manages the land on which the catastrophic wildland fuel load exists to abate the catastrophic wildland fuel load.
E. If the federal or state agency does not respond by the date provided in the notice of determination or otherwise indicates that the federal or state agency will not abate the catastrophic wildland fuel load, the mayor of the city or town shall notify and consult with the city or town attorney and the attorney general.
F. If the mayor of the city or town determines, pursuant to subsection A of this section, that a catastrophic wildland fuel load exists on federally managed land and finds that the catastrophic wildland fuel load adversely affects or constitutes an immediate threat to the public health, safety and welfare of the people of the city or town, the mayor, in consultation with the city or town attorney and the attorney general, shall pursue all remedies allowed by law.
G. If seeking emergency abatement of a catastrophic wildland fuel load pursuant to subsection F of this section, the mayor of the city or town shall attempt, as much as possible, to:
1. Coordinate with state and federal agencies.
2. Obtain the advice of professionals, including professionals in the private sector, with expertise in abating catastrophic wildland fuel loads.
H. This section does not limit the authority of this state to manage and protect wildlife pursuant to title 17 or the power of a city or town prescribed by section 9-240, subsection B, paragraph 21.
I. For the purposes of this section:
1. "Catastrophic wildland fuel load" means a condition on state or federal land in which natural resources and biota have been mismanaged or neglected to such an extent as to cause either:
(a) The threat of a catastrophic wildfire demonstrated by:
(i) Stand density, basal area or ground fuel load that is greater than one hundred fifty percent of land health standards.
(ii) An insect or disease infestation that is severe enough to threaten the mortality of at least twenty percent of the trees in the area.
(b) A condition in the area that threatens any of the following:
(i) The quantity or quality of a city's or town's water supply.
(ii) The health, safety or welfare of a city's or town's citizens.
(iii) The air quality of a nonattainment area as defined in section 49‑401.01.
(iv) Vegetative resources that are necessary to support land health and authorized livestock grazing.
2. "Federal agency" includes the:
(a) United States bureau of land management.
(b) United States forest service.
(c) United States fish and wildlife service.
(d) National park service.
Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.20, to read:
11-269.20. Catastrophic wildland fuel loads; determination; notice; plan to abate; emergency abatement; definitions
A. The chairman of the board of supervisors or the county sheriff may determine that a catastrophic wildland fuel load exists on state or federal land located within the boundaries of the county. In evaluating whether a catastrophic wildland fuel load exists, the chairman or the county sheriff may consider:
1. Tree density and overall health of forested areas, including the fire regime condition class.
2. Insect and disease infestation, including insect and disease hazard ratings.
3. Fuel loads.
4. Forest or range types.
5. Slopes and other natural characteristics of an area.
6. Watershed protection criteria.
7. Weather and climate.
8. Any other factor that the chairman or the county sheriff determines is relevant under the circumstances.
B. Except as provided in subsections F and G of this section, on determining that a catastrophic wildland fuel load exists, the chairman of the board of supervisors or the county sheriff shall do all of the following:
1. Consult with the county attorney or the attorney general.
2. Notify, by personal service or certified mail, the federal or state agency that manages the land on which the catastrophic wildland fuel load exists.
3. Provide a copy of the notice of determination to the governor, the attorney general and, if the catastrophic wildland fuel load exists on federal land, the congressional delegation of this state.
C. The notice of determination required by subsection B, paragraph 2 of this section shall include:
1. A detailed explanation of the basis for the determination that a catastrophic wildland fuel load exists.
2. A demand that the federal or state agency make a plan to abate the catastrophic wildland fuel load.
3. A specific date, at least thirty days after the date on which the notice is received, by which the federal or state agency that manages the land must abate the catastrophic wildland fuel load or produce a plan to mitigate the catastrophic wildland fuel load that is reasonably acceptable to the county.
D. The chairman of the board of supervisors or the county sheriff may enter into a plan with the federal or state agency that manages the land on which the catastrophic wildland fuel load exists to abate the catastrophic wildland fuel load.
E. If the federal or state agency does not respond by the date provided in the notice of determination or otherwise indicates that the federal or state agency will not abate the catastrophic wildland fuel load, the chairman of the board of supervisors or the county sheriff shall notify and consult with the county attorney and the attorney general.
F. If the chairman of the board of supervisors or the county sheriff determines, pursuant to subsection A of this section, that a catastrophic wildland fuel load exists on federally managed land and finds that the catastrophic wildland fuel load adversely affects or constitutes an immediate threat to the public health, safety and welfare of the people of the county, the chairman or the county sheriff, in consultation with the county attorney and the attorney general, shall pursue all remedies allowed by law.
G. If seeking emergency abatement of a catastrophic wildland fuel load pursuant to subsection F of this section, the chairman of the board of supervisors or the county sheriff shall attempt, as much as possible, to:
1. Coordinate with state and federal agencies.
2. Obtain the advice of professionals, including professionals in the private sector, with expertise in abating catastrophic wildland fuel loads.
H. This section does not limit the authority of this state to manage and protect wildlife pursuant to title 17 or the power of a city or town prescribed by section 9-240, subsection B, paragraph 21.
I. For the purposes of this section:
1. "Catastrophic wildland fuel load" means a condition on state or federal land in which natural resources and biota have been mismanaged or neglected to such an extent as to cause either:
(a) The threat of a catastrophic wildfire demonstrated by:
(i) Stand density, basal area or ground fuel load that is greater than one hundred fifty percent of land health standards.
(ii) An insect or disease infestation that is severe enough to threaten the mortality of at least twenty percent of the trees in the area.
(b) A condition in the area that threatens any of the following:
(i) The quantity or quality of a county's water supply.
(ii) The health, safety or welfare of a county's citizens.
(iii) The air quality of a nonattainment area as defined in section 49‑401.01.
(iv) Vegetative resources that are necessary to support land health and authorized livestock grazing.
2. "Federal agency" includes the:
(a) United States bureau of land management.
(b) United States forest service.
(c) United States fish and wildlife service.
(d) National park service.
Sec. 3. Section 37-1302, Arizona Revised Statutes, is amended to read:
37-1302. Powers and duties of state forester; rules; legislative presentation; acceptance of federal law
A. The state forester is designated as the agent of the this state of Arizona and shall administer this chapter. The state forester shall:
1. Exercise and perform all powers and duties vested in or imposed on the Arizona department of forestry and fire management.
2. Adopt rules necessary to discharge the powers and duties of the Arizona department of forestry and fire management, including rules that create efficiencies, protect the public health and safety and prescribe budgetary obligations.
3. Subject to title 41, chapter 4, article 4, appoint an assistant director to the office of the state fire marshal, a state fire training officer and a state fire resource coordinator, all of whom serve at the pleasure of the state forester.
4. Subject to title 41, chapter 4, article 4, employ, determine the terms and conditions of employment of and prescribe the duties and powers of administrative, professional, technical, secretarial, clerical and other persons as may be necessary in the performance of the Arizona department of forestry and fire management's duties. The compensation of department employees shall be as determined pursuant to section 38‑611.
5. Contract for the services of outside advisors, consultants and aides as may be reasonably necessary.
6. Perform all management and administrative functions assigned or delegated to this state by the United States relating to forestry and financial assistance and grants relating to forestry.
7. Identify sources of information relating to forest management, including wildfire prevention, mitigation, suppression and recovery and administrative and judicial appeals and litigation with respect to timber sales and forest thinning projects in this state, and develop procedures for compiling and distributing that information.
8. Take necessary action to maximize state fire assistance grants, including establishing timelines for using grant monies and reallocating lapsed grant monies to other projects.
9. Conduct education and outreach in forest communities by explaining the wildfire threat to private property caused by the lack of timber harvesting, forest thinning, land management and watershed protection and enhancement.
10. Monitor and conduct forestry projects and wildfire prevention, mitigation and suppression activities.
11. Assist in the development of the forestry products industry in this state.
12. Intervene on behalf of this state and its citizens in administrative and judicial appeals and litigation that challenge governmental efforts supported by the state forester if the state forester determines that intervention is in the best interests of this state.
13. Annually develop and implement a comprehensive statewide wildfire response plan for the deployment of state, county, municipal, fire district, volunteer fire association and private fire service provider contract resources to wildfire suppression activities. The statewide wildfire response plan shall take into account anticipated fire conditions and fire severity and may include prepositioning resources as necessary. The state forester shall consult with federal land management firefighting agencies, state and county emergency agencies, municipal fire departments, fire districts, statewide fire district and statewide fire chiefs associations, volunteer fire departments and private fire contractors in the development of the comprehensive statewide wildfire response plan, the implementation of standards for training and certification for all classes of wildland fire and hazard personnel and the implementation of standards for wildland fire apparatus and equipment that are deployed under cooperative agreements with the state forester.
14. Provide necessary oversight to ensure standardized training and certification for all classifications of firefighters to be deployed to any incident.
15. Develop recommendations for minimum standards for safeguarding life and property from wildland fires and fire hazards, preventing wildland fires and alleviating fire hazards.
16. Develop recommendations for minimum standards for the storage, sale, distribution and use of dangerous chemicals, combustibles, flammable liquids, explosives and radioactive materials in wildland‑urban interface areas.
17. Consult with the department of public safety, the department of emergency and military affairs and local governments regarding the establishment of fire evacuation routes and community alert systems.
18. Make recommendations for minimum standards for the creation of defensible spaces in and around wildland-urban interface areas as authorized by existing county and municipal laws and ordinances.
19. In consultation with the director of water resources pursuant to title 45, chapter 1, article 15, provide for watershed protection and enhancement.
B. During the first regular session of each legislature, the state forester shall present information to the legislative committees with jurisdiction over forestry issues. The state forester shall collaborate with, and invite the participation of, relevant state, federal and local governmental officers and agencies. A written report is not required, but the presentation shall include information concerning:
1. Forestry management, including the current conditions of the forests in this state on federal, state and private property as affected by federal, state and local public policies, climatic conditions, wildfire hazards, pest infestations, overgrowth and overgrowth control policies and methods and the effects of current federal policy on forest management and impacts on forest land management.
2. The wildland‑urban interface, including the effects of county and municipal zoning policies and wildfire hazards on public and private property.
3. Wildfire emergency management and all hazard response issues, including:
(a) Intergovernmental and interagency primacy, cooperation, coordination, roles and training of federal, state and local forestry, firefighting and law enforcement agencies.
(b) Channels and methods of communicating emergency information to the public.
(c) The roles of governmental and nongovernmental disaster relief agencies and organizations.
(d) The level of federal, state and local emergency funding.
C. The state forester may:
1. Furnish technical advice to the people of this state on forestry and land management matters.
2. Do all other acts necessary to take advantage of and carry out the provisions of the act of Congress described in subsection D of this section.
D. This state accepts the provisions of the cooperative forestry assistance act of 1978 (P.L. 95‑313; 92 Stat. 365; 16 United States Code chapter 41) providing for federal forestry assistance programs to states.
Sec. 4. Section 37-1303, Arizona Revised Statutes, is amended to read:
37-1303. Suppression of wildfires; powers and duties of state forester; entry on private lands
A. The state forester shall have authority to prevent, manage or suppress any wildfires on state and private lands located outside incorporated municipalities and, if subject to cooperative agreements, on other lands located in this state or in other states, Mexico or Canada. If there is no cooperative agreement, the state forester may furnish wildfire suppression services on any lands in this state if the state forester determines that suppression services are in the best interests of this state and are immediately necessary to protect state lands.
B. In exercising the authority to prevent, manage or suppress wildfires, if the state forester declares a prohibition on fire‑causing activities and fireworks, the state forester shall post a notice of the action on the state forester's website and provide a copy of the notice to the news media and the original declaration to the Arizona state library, archives and public records. The notice shall clearly state the types of prohibited activities, where they are prohibited and whether permits that are issued by other governmental entities are affected by the action.
C. The state forester may request the governor to declare a wildland fire emergency pursuant to section 35‑192. If liabilities are authorized under both sections 35‑192 and 37‑1305, the authorization under section 37‑1305 must be exhausted before any liabilities may be incurred under section 35‑192.
D. The state forester may enter into cooperative agreements with other state and federal agencies, departments and political subdivisions and any person for:
1. The prevention and suppression of wildfires.
2. Assistance with fire and nonfire national and state emergencies and multiagency logistical support in this state and other states.
3. Activities pursuant to the wildfire suppression assistance act (P.L. 101‑11; 103 Stat. 15; 42 United States Code sections 1856m through 1856o) in Mexico and Canada.
4. Assistance with removing nonnative woody biomass or overgrowth of woody biomass, or both, or other catastrophic wildland fuel loads as defined in sections 9-500.41 and 11-269.20 pursuant to subsection G of this section.
E. The state forester may enter private lands in performing the duties under this section.
F. The state forester may enter into agreements to utilize use private landowners' equipment and personnel if the fire is on or adjacent to such private landowners' property.
G. The state forester may do both of the following for the purposes of watershed protection and enhancement:
1. Remove nonnative woody biomass or overgrowth of woody biomass, or both, or other catastrophic wildland fuel loads as defined in sections 9-500.41 and 11‑269.20 from state lands.
2. Enter into cooperative agreements with cities, towns or counties to remove nonnative woody biomass or overgrowth of woody biomass, or both, or other catastrophic wildland fuel loads as defined in sections 9-500.41 and 11‑269.20 from city, town or county lands.
H. Notwithstanding any other law, the value of nonmerchantable materials that are removed from state trust lands for the purposes of watershed protection and enhancement is less than the value that is added to the state trust lands as a result of the removal of the nonmerchantable materials. The rights to the removed nonmerchantable materials may be auctioned to the highest and best bidder. For the purposes of this section, the appraised true value of the nonmerchantable materials equals the highest and best bid. If the purchaser of the nonmerchantable materials converts the materials into something of higher value, the state trust is not entitled to any proceeds derived from the enhanced value of the converted nonmerchantable materials. For the purposes of this subsection, "nonmerchantable materials" means nonmerchantable nonnative woody biomass, nonmerchantable overgrowth of woody biomass or nonmerchantable catastrophic wildland fuel loads as defined in sections 9-500.41 and 11-269.20.
G. I. Within a wildfire management area, the state forester or the designated wildfire incident commander is not responsible for the safety or actions of any person or private entity contracted to provide wildfire protection services for private property.
