Arizona 2025 Regular Session

Arizona House Bill HB2577 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~House Engrossed~~ native plants; fire prevention; exemption State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 ~~HOUSE BILL~~ 2577 AN ACT Amending sections 3-905, 3-915 and 37-1303, Arizona Revised Statutes; RELATING to wildfire SUPPRESSION. (TEXT OF BILL BEGINS ON NEXT PAGE)
	1	+	REFERENCE TITLE: native plants; fire prevention; exemption State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2577 Introduced by Representatives Griffin: Lopez AN ACT Amending sections 3-905, 3-915 and 37-1303, Arizona Revised Statutes; RELATING to wildfire SUPPRESSION. (TEXT OF BILL BEGINS ON NEXT PAGE)
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11		-	~~House Engrossed~~ native plants; fire prevention; exemption
	11	+	REFERENCE TITLE: native plants; fire prevention; exemption
12	12		State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
13		-	HOUSE BILL 2577
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	16	+	REFERENCE TITLE: native plants; fire prevention; exemption
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	46	+	Introduced by
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	48	+	Representatives Griffin: Lopez
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55	66		AN ACT
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59	70		Amending sections 3-905, 3-915 and 37-1303, Arizona Revised Statutes; RELATING to wildfire SUPPRESSION.
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71	80		Be it enacted by the Legislature of the State of Arizona: Section 1. Section 3-905, Arizona Revised Statutes, is amended to read: START_STATUTE3-905. Destruction of protected plants by state A. Except in an emergency or as the state forester determines is necessary for the Arizona department of forestry and fire MANAGEMENT to PREVENT, MANAGE or SUPPRESS wildfires pursuant to section 37-1303, if a state agency proposes to remove or destroy protected native plants over an area of state land exceeding one-fourth acre, the agency shall notify the department in writing as provided in section 3-904 at least sixty days before the plants are destroyed, and any such destruction must occur within one year of the date of destruction disclosed in the notice. The department shall post and disseminate copies of the notice as provided in section 3-904, subsection E. This state and its agencies and political subdivisions are exempt from any fees established for salvaged plants. B. If the director determines that the proposed action by the state agency may affect a highly safeguarded plant, he the director shall consult with the state agency and other appropriate parties and use the best scientific data available to issue a written finding as to whether the proposed action would appreciably reduce the likelihood of survival or recovery of the plant taxon in this state. If the determination is affirmative, the director shall also specify reasonable, prudent and distinct alternatives to the proposed project that can be implemented and are consistent with conserving the plant taxon. C. The director shall adopt rules for the disposal and salvage of native plants subject to removal or destruction by a state agency either under permit to other government agencies or nonprofit organizations or sale to the general public or commercial dealers. The department may issue permits to donate, sell, salvage or harvest the plants after the it department ascertains the validity of the request and determines the kinds and approximate number of the plants involved. The permit shall specify the number and species of protected native plants and the area from which they may be taken. END_STATUTE Sec. 2. Section 3-915, Arizona Revised Statutes, is amended to read: START_STATUTE3-915. Exemptions A. This chapter does not apply to: 1. Existing canals, laterals, ditches, electrical transmission and distribution facilities, rights-of-way and other facilities, structures or equipment owned, operated, used or otherwise possessed by public service corporations and special districts established under title 48, chapter 11, 12, 17, 18, 19, 21 or 22. B. This chapter does not apply to 2. Normal and routine maintenance of improvements which may cause the incidental or unavoidable destruction of native plants. 3. tHE prevention, MANAGEMENT or SUPPRESSION of wildfires BY THE aRIZONA department of FORESTry and fire MANAGEMENT pursuant to section 37-1303. END_STATUTE Sec. 3. Section 37-1303, Arizona Revised Statutes, is amended to read: START_STATUTE37-1303. Suppression of wildfires; powers and duties of state forester; entry on private lands; exemption 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. 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 is exempt from the PROVISIONS of title 3, chapter 7 relating to protected native plants in this state for the prevention, management or suppression of wildfires. G. h. 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. END_STATUTE
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73	82		Be it enacted by the Legislature of the State of Arizona:
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75	84		Section 1. Section 3-905, Arizona Revised Statutes, is amended to read:
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77	86		START_STATUTE3-905. Destruction of protected plants by state
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79	88		A. Except in an emergency or as the state forester determines is necessary for the Arizona department of forestry and fire MANAGEMENT to PREVENT, MANAGE or SUPPRESS wildfires pursuant to section 37-1303, if a state agency proposes to remove or destroy protected native plants over an area of state land exceeding one-fourth acre, the agency shall notify the department in writing as provided in section 3-904 at least sixty days before the plants are destroyed, and any such destruction must occur within one year of the date of destruction disclosed in the notice. The department shall post and disseminate copies of the notice as provided in section 3-904, subsection E. This state and its agencies and political subdivisions are exempt from any fees established for salvaged plants.
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81	90		B. If the director determines that the proposed action by the state agency may affect a highly safeguarded plant, he the director shall consult with the state agency and other appropriate parties and use the best scientific data available to issue a written finding as to whether the proposed action would appreciably reduce the likelihood of survival or recovery of the plant taxon in this state. If the determination is affirmative, the director shall also specify reasonable, prudent and distinct alternatives to the proposed project that can be implemented and are consistent with conserving the plant taxon.
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83	92		C. The director shall adopt rules for the disposal and salvage of native plants subject to removal or destruction by a state agency either under permit to other government agencies or nonprofit organizations or sale to the general public or commercial dealers. The department may issue permits to donate, sell, salvage or harvest the plants after the it department ascertains the validity of the request and determines the kinds and approximate number of the plants involved. The permit shall specify the number and species of protected native plants and the area from which they may be taken. END_STATUTE
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85	94		Sec. 2. Section 3-915, Arizona Revised Statutes, is amended to read:
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87	96		START_STATUTE3-915. Exemptions
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89	98		A. This chapter does not apply to:
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91	100		1. Existing canals, laterals, ditches, electrical transmission and distribution facilities, rights-of-way and other facilities, structures or equipment owned, operated, used or otherwise possessed by public service corporations and special districts established under title 48, chapter 11, 12, 17, 18, 19, 21 or 22.
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93	102		B. This chapter does not apply to
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95	104		2. Normal and routine maintenance of improvements which may cause the incidental or unavoidable destruction of native plants.
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97	106		3. tHE prevention, MANAGEMENT or SUPPRESSION of wildfires BY THE aRIZONA department of FORESTry and fire MANAGEMENT pursuant to section 37-1303. END_STATUTE
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99	108		Sec. 3. Section 37-1303, Arizona Revised Statutes, is amended to read:
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101	110		START_STATUTE37-1303. Suppression of wildfires; powers and duties of state forester; entry on private lands; exemption
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103	112		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.
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105	114		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.
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107	116		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.
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109	118		D. The state forester may enter into cooperative agreements with other state and federal agencies, departments and political subdivisions and any person for:
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111	120		1. the prevention and suppression of wildfires.
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113	122		2. Assistance with fire and nonfire national and state emergencies and multiagency logistical support in this state and other states.
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115	124		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.
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117	126		E. The state forester may enter private lands in performing the duties under this section.
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119	128		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.
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121	130		g. The state forester is exempt from the PROVISIONS of title 3, chapter 7 relating to protected native plants in this state for the prevention, management or suppression of wildfires.
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123	132		G. h. 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. END_STATUTE