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| 52 | 51 | | An Act |
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| 55 | 54 | | |
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| 56 | 55 | | amending section 37-1302, Arizona Revised Statutes; repealing section 41-3024.21, Arizona Revised Statutes; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41-3032.21; relating to forestry and fire management. |
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| 62 | 61 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 66 | 65 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 37-1302, Arizona Revised Statutes, is amended to read: START_STATUTE37-1302. Powers and duties of state forester; rules; legislative presentation; report; acceptance of federal law A. The state forester is designated as the agent of this state 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 and wildfire prevention, mitigation and suppression activities. The state forester shall obtain and maintain a copy of the initial and any revised delegation of authority agreement entered into with the United States. 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. B. During the first regular session of each legislature, the state forester shall present information to the legislative committees with jurisdiction over forestry issues and provide a written report to each of those legislative committees, the governor and the secretary of state. 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 and written report 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. 4. current and ongoing wildfire MITIGATION and suppression ACTIVITIES. 5. the associated BUDGET allocated for wildfire mitigation and SUPPRESSION AND the expected actual costs. 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. END_STATUTE Sec. 2. Repeal Section 41-3024.21, Arizona Revised Statutes, is repealed. Sec. 3. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3032.21, to read: START_STATUTE41-3032.21. Arizona department of forestry and fire management; termination July 1, 2032 A. The Arizona department of forestry and fire management terminates on July 1, 2032. B. Title 37, chapter 9 and this section are repealed on January 1, 2033. END_STATUTE Sec. 4. Purpose Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the Arizona department of forestry and fire management to provide resources for the prevention and suppression of wildland fires on state land and private property located outside of cities and towns. Sec. 5. Retroactivity Sections 2 and 3 of this act are effective retroactively to from and after July 1, 2024. |
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| 67 | 66 | | |
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| 68 | 67 | | Be it enacted by the Legislature of the State of Arizona: |
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| 69 | 68 | | |
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| 70 | 69 | | Section 1. Section 37-1302, Arizona Revised Statutes, is amended to read: |
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| 71 | 70 | | |
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| 72 | 71 | | START_STATUTE37-1302. Powers and duties of state forester; rules; legislative presentation; report; acceptance of federal law |
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| 73 | 72 | | |
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| 74 | 73 | | A. The state forester is designated as the agent of this state and shall administer this chapter. The state forester shall: |
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| 75 | 74 | | |
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| 76 | 75 | | 1. Exercise and perform all powers and duties vested in or imposed on the Arizona department of forestry and fire management. |
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| 77 | 76 | | |
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| 78 | 77 | | 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. |
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| 79 | 78 | | |
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| 80 | 79 | | 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. |
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| 81 | 80 | | |
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| 82 | 81 | | 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. |
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| 83 | 82 | | |
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| 84 | 83 | | 5. Contract for the services of outside advisors, consultants and aides as may be reasonably necessary. |
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| 85 | 84 | | |
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| 86 | 85 | | 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 and wildfire prevention, mitigation and suppression activities. The state forester shall obtain and maintain a copy of the initial and any revised delegation of authority agreement entered into with the United States. |
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| 87 | 86 | | |
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| 88 | 87 | | 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. |
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| 89 | 88 | | |
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| 90 | 89 | | 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. |
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| 91 | 90 | | |
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| 92 | 91 | | 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. |
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| 93 | 92 | | |
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| 94 | 93 | | 10. Monitor and conduct forestry projects and wildfire prevention, mitigation and suppression activities. |
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| 95 | 94 | | |
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| 96 | 95 | | 11. Assist in the development of the forestry products industry in this state. |
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| 97 | 96 | | |
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| 98 | 97 | | 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. |
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| 99 | 98 | | |
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| 100 | 99 | | 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. |
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| 101 | 100 | | |
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| 102 | 101 | | 14. Provide necessary oversight to ensure standardized training and certification for all classifications of firefighters to be deployed to any incident. |
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| 103 | 102 | | |
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| 104 | 103 | | 15. Develop recommendations for minimum standards for safeguarding life and property from wildland fires and fire hazards, preventing wildland fires and alleviating fire hazards. |
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| 105 | 104 | | |
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| 106 | 105 | | 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. |
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| 107 | 106 | | |
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| 108 | 107 | | 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. |
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| 109 | 108 | | |
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| 110 | 109 | | 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. |
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| 111 | 110 | | |
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| 112 | 111 | | B. During the first regular session of each legislature, the state forester shall present information to the legislative committees with jurisdiction over forestry issues and provide a written report to each of those legislative committees, the governor and the secretary of state. 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 and written report shall include information concerning: |
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| 113 | 112 | | |
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| 114 | 113 | | 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. |
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| 115 | 114 | | |
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| 116 | 115 | | 2. The wildland-urban interface, including the effects of county and municipal zoning policies and wildfire hazards on public and private property. |
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| 117 | 116 | | |
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| 118 | 117 | | 3. Wildfire emergency management and all hazard response issues, including: |
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| 119 | 118 | | |
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| 120 | 119 | | (a) Intergovernmental and interagency primacy, cooperation, coordination, roles and training of federal, state and local forestry, firefighting and law enforcement agencies. |
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| 121 | 120 | | |
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| 122 | 121 | | (b) Channels and methods of communicating emergency information to the public. |
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| 123 | 122 | | |
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| 124 | 123 | | (c) The roles of governmental and nongovernmental disaster relief agencies and organizations. |
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| 125 | 124 | | |
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| 126 | 125 | | (d) The level of federal, state and local emergency funding. |
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| 127 | 126 | | |
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| 128 | 127 | | 4. current and ongoing wildfire MITIGATION and suppression ACTIVITIES. |
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| 129 | 128 | | |
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| 130 | 129 | | 5. the associated BUDGET allocated for wildfire mitigation and SUPPRESSION AND the expected actual costs. |
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| 131 | 130 | | |
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| 132 | 131 | | C. The state forester may: |
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| 133 | 132 | | |
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| 134 | 133 | | 1. Furnish technical advice to the people of this state on forestry and land management matters. |
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| 135 | 134 | | |
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| 136 | 135 | | 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. |
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| 137 | 136 | | |
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| 138 | 137 | | 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. END_STATUTE |
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| 139 | 138 | | |
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| 140 | 139 | | Sec. 2. Repeal |
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| 141 | 140 | | |
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| 142 | 141 | | Section 41-3024.21, Arizona Revised Statutes, is repealed. |
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| 143 | 142 | | |
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| 144 | 143 | | Sec. 3. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3032.21, to read: |
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| 145 | 144 | | |
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| 146 | 145 | | START_STATUTE41-3032.21. Arizona department of forestry and fire management; termination July 1, 2032 |
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| 147 | 146 | | |
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| 148 | 147 | | A. The Arizona department of forestry and fire management terminates on July 1, 2032. |
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| 149 | 148 | | |
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| 150 | 149 | | B. Title 37, chapter 9 and this section are repealed on January 1, 2033. END_STATUTE |
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| 151 | 150 | | |
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| 152 | 151 | | Sec. 4. Purpose |
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| 153 | 152 | | |
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| 154 | 153 | | Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the Arizona department of forestry and fire management to provide resources for the prevention and suppression of wildland fires on state land and private property located outside of cities and towns. |
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| 155 | 154 | | |
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| 156 | 155 | | Sec. 5. Retroactivity |
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| 157 | 156 | | |
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| 158 | 157 | | Sections 2 and 3 of this act are effective retroactively to from and after July 1, 2024. |
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