Bill Text: AZ HB2458 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Wildfire first responders; state primacy
Spectrum: Partisan Bill (Republican 7-0)
Status: (Failed) 2012-01-30 - House ENR Committee action: Discussed and Held [HB2458 Detail]
Download: Arizona-2012-HB2458-Introduced.html
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REFERENCE TITLE: wildfire first responders; state primacy |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2458 |
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Introduced by Representatives Barton, Burges, Crandell, Senator Allen: Representatives Fann, Gowan, Yee
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AN ACT
Amending sections 37-622 and 37-623, Arizona Revised Statutes; relating to wildfire suppression.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 37-622, Arizona Revised Statutes, is amended to read:
37-622. Duties of state forester; acceptance of federal law
A. The state forester is designated as the agent of the state of Arizona and shall administer the provisions of this chapter. In addition, the state forester shall:
1. 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.
2. Identify sources of information relating to forest management, including wildfire 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 transferring that information to the state forester.
3. Take necessary action to maximize state fire assistance grants, including establishing timelines for using grant monies and reallocating lapsed grant monies to other projects.
4. Conduct education and outreach in forest communities explaining the wildfire threat to private property caused by lack of timber harvesting and thinning.
5. Monitor forestry projects and direct wildfire activities suppression as provided by section 37-623, subsection A.
6. 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.
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 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 the state on forestry 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.
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. 2. Section 37-623, Arizona Revised Statutes, is amended to read:
37-623. Suppression of wildfires; powers and duties of state forester; entry on private lands
A. The state forester is designated the primary incident commander with respect to all wildfires in this state. The state forester shall have authority to prevent and suppress any wildfires on state and private all lands located outside incorporated municipalities in this state 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. The state forester shall recruit, train and certify volunteer personnel, including certifying equipment and other resources, as first responders to wildfires in this state. As other federal and local resources become available on the scene of wildfires, the state forester shall remain the primary incident commander until the fire is contained.
B. In exercising the authority to prevent wildfires, if the state forester declares a prohibition on fire causing activities and fireworks, the state forester shall post a notice of the action in the office of the secretary of state and shall notify the news media. The notice shall clearly state which types of activities are prohibited, where they are prohibited and whether permits that are issued by other governmental entities are affected by the action.
C. The state forester shall have responsibility to prevent and suppress wildfires only on lands covered by cooperative fire agreements.
D. C. The state forester may request the governor to declare a wild land wildland fire emergency pursuant to section 35‑192. If liabilities are authorized under both sections 35‑192 and 37‑623.02, the authorization under section 37‑623.02 must be exhausted before any liabilities may be incurred under section 35‑192.
E. D. The state forester shall cooperate and coordinate with the state fire marshal in the administration of the state fire code in the prevention of fires on rural lands and wild lands wildlands.
F. E. The state forester may enter into cooperative agreements, consistent with subsection A of this section, with other state and federal agencies, departments and political subdivisions and any person for:
1. 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.
G. F. The state forester may enter private lands in performing the duties under this section.
H. G. The state forester may enter into agreements to utilize private landowners' equipment and personnel if the fire is on or adjacent to such private landowners' property.
