01-27 18:52 1st Sub. (Buff) H.B. 48
Casey Snider proposes the following substitute bill:
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Wildland Urban Interface Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill addresses efforts to oversee wildfire risks associated with wildland urban interface
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property.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ requires counties to take certain actions related to wildland urban interface property,
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including assessing a fee;
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▸ directs the fee to be retained by a county or deposited into the Wildland-urban Interface
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Prevention, Preparedness, and Mitigation Fund;
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▸ addresses insuring wildland urban interface property;
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▸ imposes notice requirements related to insuring wildland urban interface property;
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▸ requires counties and municipalities to adopt the wildland urban interface building code
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standards;
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▸ permits the Division of Forestry, Fire, and State Lands (division) to choose not to cover
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costs of local governments under certain circumstances;
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▸ directs the division to establish a program for wildland urban interface coordinators to
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evaluate, using a triage scale, high risk wildland urban interface property;
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▸ addresses actions related to evaluating the high risk wildland urban interface property;
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▸ provides for a database to be accessed by certain insurers related to evaluating high risk
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wildland urban interface property;
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▸ authorizes rulemaking;
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▸ addresses liability; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
1st Sub. H.B. 48 1st Sub. (Buff) H.B. 48 01-27 18:52
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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15A-5-203, as last amended by Laws of Utah 2024, Chapters 21, 381
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63G-7-201, as last amended by Laws of Utah 2023, Chapters 34, 105, 259, 329, 452, and
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456
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65A-8-203, as last amended by Laws of Utah 2024, Chapter 77
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65A-8-215, as last amended by Laws of Utah 2024, Chapter 77
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ENACTS:
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17-16-22, Utah Code Annotated 1953
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31A-22-1310, Utah Code Annotated 1953
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65A-8-401, Utah Code Annotated 1953
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65A-8-402, Utah Code Annotated 1953
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65A-8-403, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 15A-5-203 is amended to read:
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15A-5-203 . Amendments and additions to IFC related to fire safety, building,
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and site requirements.
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(1) For IFC, Chapter 5, Fire Service Features:
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(a) In IFC, Chapter 5, a new Section 501.5, Access grade and fire flow, is added as
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follows: "An authority having jurisdiction over a structure built in accordance with
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the requirements of the International Residential Code as adopted in the State
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Construction Code, may require an automatic fire sprinkler system for the structure
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only by ordinance and only if any of the following conditions exist:
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(i) the structure:
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(A) is located in an urban-wildland interface area as provided in the Utah
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Wildland Urban Interface Code adopted as a construction code under the State
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Construction Code; and
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(B) does not meet the requirements described in Utah Code, Subsection 65A-8-203
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(4)[(a)] (f) and Utah Administrative Code, R652-122-1300, Minimum
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Standards for County Wildland Fire Ordinance;
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(ii) the structure is in an area where a public water distribution system with fire
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hydrants does not exist as required in Utah Administrative Code, R309-550-5,
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Water Main Design;
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(iii) the only fire apparatus access road has a grade greater than 10% for more than
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500 continual feet;
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(iv) the total floor area of all floor levels within the exterior walls of the dwelling unit
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exceeds 10,000 square feet; or
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(v) the total floor area of all floor levels within the exterior walls of the dwelling unit
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is double the average of the total floor area of all floor levels of unsprinkled
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homes in the subdivision that are no larger than 10,000 square feet.
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(vi) Exception: A single family dwelling does not require a fire sprinkler system if
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the dwelling:
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(A) is located outside the wildland urban interface;
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(B) is built in a one-lot subdivision; and
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(C) has 50 feet of defensible space on all sides that limits the propensity of fire
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spreading from the dwelling to another property."
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(b) In IFC, Chapter 5, Section 506.1, Where Required, is deleted and rewritten as
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follows: "Where access to or within a structure or an area is restricted because of
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secured openings or where immediate access is necessary for life-saving or
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fire-fighting purposes, the fire code official, after consultation with the building
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owner, may require a key box to be installed in an approved location. The key box
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shall contain keys to gain necessary access as required by the fire code official. For
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each fire jurisdiction that has at least one building with a required key box, the fire
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jurisdiction shall adopt an ordinance, resolution, or other operating rule or policy that
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creates a process to ensure that each key to each key box is properly accounted for
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and secure."
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(c) In IFC, Chapter 5, a new Section 507.1.1, Isolated one- and two-family dwellings, is
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added as follows: "Fire flow may be reduced for an isolated one- and two-family
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dwelling when the authority having jurisdiction over the dwelling determines that the
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development of a full fire-flow requirement is impractical."
93 (d) In IFC, Chapter 5, a new Section 507.1.2, Pre-existing subdivision lots, is added as follows:
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"507.1.2 Pre-existing subdivision lots.
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The requirements for a pre-existing subdivision lot shall not exceed the requirements
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described in Section 501.5."
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(e) In IFC, Chapter 5, Section 507.5.1, here required, a new exception is added: "3. One
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interior and one detached accessory dwelling unit on a single residential lot."
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(f) IFC, Chapter 5, Section 510.1, Emergency responder communication coverage in
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new buildings, is amended by adding: "When required by the fire code official,
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unless the new building is a public school as that term is defined in Section
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53G-9-205.1 or a private school, then the fire code official shall require," at the
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beginning of the first paragraph.
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(2) For IFC, Chapter 6, Building Services and Systems:
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(a) IFC, Chapter 6, Section 604.6.1, Elevator key location, is deleted and rewritten as
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follows: "Firefighter service keys shall be kept in a "Supra-Stor-a-key" elevator key
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box or similar box with corresponding key system that is adjacent to the elevator for
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immediate use by the fire department. The key box shall contain one key for each
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elevator, one key for lobby control, and any other keys necessary for emergency
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service. The elevator key box shall be accessed using a 6049 numbered key."
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(b) IFC, Chapter 6, Section 606.1, General, is amended as follows: On line three, after
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the word "Code", add the words "and NFPA 96".
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(c) IFC, Chapter 6, Section 607.2, a new exception 5 is added as follows: "5. A Type 1
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hood is not required for a cooking appliance in a microenterprise home kitchen, as
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that term is defined in Utah Code, Section 26B-7-401, for which the operator obtains
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a permit in accordance with Section 26B-7-416."
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(3) IFC, Chapter 7, Fire and Smoke Protection Features, Section 702.5, is deleted.
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Section 2. Section 17-16-22 is enacted to read:
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17-16-22 . Wildland urban interface evaluation and fees.
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(1) As used in this section:
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(a) "County officer" means the same as that term is defined in Section 17-16-21.
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(b) "High risk wildland urban interface property" means the same as that term is defined
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in Section 65A-8-401.
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(c) "Wildland urban interface" means the same as that term is defined in Section
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65A-8-401.
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(d) "Wildland urban interface coordinator" means the same as that term is defined in
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Section 65A-8-401.
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(2) If evaluation of high risk wildland urban interface property is assigned to a county under
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Section 65A-8-402:
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(a) the county shall enter into a cooperative agreement with the Division of Forestry,
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Fire, and State Lands, in accordance with Subsection 65A-8-203(2)(a), which
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agreement shall address compliance with this Subsection (2) for evaluation and
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classification of high risk wildland urban interface property; and
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(b) a county officer shall require that a wildland urban interface coordinator representing
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the county annually evaluate high risk wildland urban interface property within the
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county in accordance with Section 65A-8-402.
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(3) Beginning May 7, 2025, a county officer shall:
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(a) annually assess a fee:
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(i) against the property owner of high risk wildland urban interface property; and
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(ii) in the amount set by the Division of Forestry, Fire, and State Lands under Section
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65A-8-402; and
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(b)(i) transmit the fee assessed under Subsection (3)(a) to the Division of Forestry,
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Fire, and State Lands for deposit into the Wildland-urban Interface Prevention,
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Preparedness, and Mitigation Fund created in Section 65A-8-215;
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(ii) retain a portion of the fee assessed under Subsection (3)(a) to pay costs incurred
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by the county in implementing this section, which the county may include in the
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county's annual accounting of wildfire prevention, preparedness, mitigation
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actions, and associated costs for purposes of Subsection 65A-8-203(4)(c); or
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(iii) do a combination of Subsections (3)(b)(i) and (ii).
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(4) A county may hold a political subdivision lien on high risk wildland urban interface
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property for a fee that is past due by following the procedures in Sections 17B-1-902
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and 17B-1-902.1, as if the county is a special district.
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Section 3. Section 31A-22-1310 is enacted to read:
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31A-22-1310 . Insuring wildland urban interface property.
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(1) As used in this section:
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(a) "High risk wildland urban interface property" means the same as that term is defined
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in Section 65A-8-401.
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(b) "Wildland urban interface" means the same as that term is defined in Section
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65A-8-401.
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(c) "Wildland urban interface property and casualty insurer" means an insurer that issues
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property or casualty insurance for wildland urban interface property.
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(2)(a) For purposes of rate setting and underwriting for high risk wildland urban
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interface property, a wildland urban interface property and casualty insurer may only
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use the boundary provided in the wildfire risk assessment mapping tool maintained
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by the Division of Forestry, Fire, and State Lands in accordance with Subsection
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65A-8-203(8) to determine whether the property is high risk wildland urban interface
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property.
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(b) A wildland urban interface property and casualty insurer may use additional fire
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hazard data, beyond the wildfire risk assessment mapping tool described in
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Subsection (2)(a), in connection with setting a rate for, or the underwriting of,
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wildland urban interface property only if the fire hazard data:
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(i) does not conflict with the rate setting and underwriting that is based on the
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boundary determination made in Subsection (2)(a); and
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(ii) uses multiple metrics that are balanced and integrated and the independently
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verifiable data includes standardized metrics for determination of overall wildfire
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hazard potential, burn probability, damage potential, rate of spread, suppression
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difficulty indices, probability of extreme fire behavior, and structure exposure
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scores.
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(c) A wildland urban interface property and casualty insurer shall use flexible data and
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tools that meet acceptable industry standards and that are highly compatible with
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wildfire hazard data for underwriting and rate setting practices in fire-prone areas.
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(3)(a) The department shall conduct a third party actuarial review of a rate submitted by
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a wildland urban interface property and casualty insurer related to wildland urban
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interface property.
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(b) A wildland urban interface property and casualty insurer shall reimburse the
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department for the reasonable costs of the third party actuarial review described in
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Subsection (3)(a).
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(c) Chapter 19a, Utah Rate Regulation Act, applies to a rate subject to a third party
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actuarial review under this Subsection (3).
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(d) The commissioner may disapprove a rate in accordance with Section 31A-19a-206
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that is submitted by a wildland urban interface property and casualty insurer.
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(4) In addition to complying with relevant requirements of Section 31A-21-303, if a
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wildland urban interface property and casualty insurer cancels, nonrenews, or increases
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the premium by more than 20% of the previous term's premium for property and
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casualty insurance covering wildland urban interface property, the insurer shall include
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in the notice of cancellation, nonrenewal, or premium increase the facts on which the
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wildland urban interface property and casualty insurer's decision is based with
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reasonable precision.
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(5) This section does not:
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(a) create a cause of action for an act or failure to act under this section against:
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(i) the state;
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(ii) the department;
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(iii) the Division of Forestry, Fire, and State Lands;
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(iv) an officer, consultant, or employee of the department or Division of Forestry,
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Fire, and State Lands; or
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(v) a wildland urban interface coordinator, as defined in Section 65A-8-401; and
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(b) waive governmental immunity in accordance with Subsection 63G-7-201(5).
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Section 4. Section 63G-7-201 is amended to read:
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63G-7-201 . Immunity of governmental entities and employees from suit.
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(1) Except as otherwise provided in this chapter, each governmental entity and each
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employee of a governmental entity are immune from suit for any injury that results from
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the exercise of a governmental function.
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(2) Notwithstanding the waiver of immunity provisions of Section 63G-7-301, a
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governmental entity, its officers, and its employees are immune from suit:
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(a) as provided in Section 78B-4-517; and
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(b) for any injury or damage resulting from the implementation of or the failure to
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implement measures to:
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(i) control the causes of epidemic and communicable diseases and other conditions
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significantly affecting the public health or necessary to protect the public health as
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set out in Title 26A, Chapter 1, Local Health Departments;
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(ii) investigate and control suspected bioterrorism and disease as set out in Sections
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26B-7-316 through 26B-7-324;
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(iii) respond to a national, state, or local emergency, a public health emergency as
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defined in Section 26B-7-301, or a declaration by the President of the United
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States or other federal official requesting public health related activities, including
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the use, provision, operation, and management of:
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(A) an emergency shelter;
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(B) housing;
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(C) a staging place; or
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(D) a medical facility; and
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(iv) adopt methods or measures, in accordance with Section 26B-1-202, for health
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care providers, public health entities, and health care insurers to coordinate among
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themselves to verify the identity of the individuals they serve.
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(3)(a) A governmental entity, its officers, and its employees are immune from suit, and
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immunity is not waived, for any injury if the injury arises out of or in connection
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with, or results from:
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(i) a latent dangerous or latent defective condition of:
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(A) any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge,
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or viaduct; or
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(B) another structure located on any of the items listed in this Subsection (3)(a)(i);
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or
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(ii) a latent dangerous or latent defective condition of any public building, structure,
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dam, reservoir, or other public improvement.
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(b)(i) As used in this Subsection (3)(b):
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(A) "Contaminated land" means the same as that term is defined in Section
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11-58-102.
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(B) "Contamination" means the condition of land that results from the placement,
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disposal, or release of hazardous matter on, in, or under the land, including any
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seeping or escaping of the hazardous matter from the land.
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(C) "Damage" means any property damage, personal injury, or other injury or any
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loss of any kind, however denominated.
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(D) "Environmentally compliant" means, as applicable, obtaining a certificate of
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completion from the Department of Environmental Quality under Section
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19-8-111 following participation in a voluntary cleanup under Title 19, Chapter
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8, Voluntary Cleanup Program, obtaining an administrative letter from the
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Department of Environmental Quality for a discrete phase of a voluntary
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cleanup that is conducted under a remedial action plan as defined in Section
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11-58-605, or complying with the terms of an environmental covenant, as
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defined in Section 57-25-102, signed by an agency, as defined in Section
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57-25-102, and duly recorded in the office of the recorder of the county in
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which the contaminated land is located.
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(E) "Government owner" means a governmental entity, including an independent
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entity, as defined in Section 63E-1-102, that acquires an ownership interest in
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land that was contaminated land before the governmental entity or independent
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entity acquired an ownership interest in the land.
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(F) "Hazardous matter" means hazardous materials, as defined in Section 19-6-302,
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hazardous substances, as defined in Section 19-6-302, or landfill material, as
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defined in Section 11-58-102.
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(G) "Remediation" means the same as that term is defined in Section 11-58-102.
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(ii)(A) A government owner and the government owner's officers and employees
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are immune from suit, and immunity is not waived, for any claim for damage
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that arises out of or in connection with, or results from, contamination of
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contaminated land.
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(B) A government owner's ownership of contaminated land may not be the basis
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of a claim against the government owner for damage that arises out of or in
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connection with, or results from, contamination of contaminated land.
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(iii) Subsection (3)(b)(ii) does not limit or affect:
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(A) the liability of a person that placed, disposed of, or released hazardous matter
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on, in, or under the land; or
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(B) a worker compensation claim of an employee of an entity that conducts work
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on or related to contaminated land.
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(iv) Immunity under Subsection (3)(b)(ii)(A) is not affected by a government owner's
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remediation of contaminated land if the government owner is environmentally
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compliant.
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(4) A governmental entity, its officers, and its employees are immune from suit, and
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immunity is not waived, for any injury proximately caused by a negligent act or
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omission of an employee committed within the scope of employment, if the injury arises
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out of or in connection with, or results from:
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(a) the exercise or performance, or the failure to exercise or perform, a discretionary
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function, whether or not the discretion is abused;
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(b) except as provided in Subsections 63G-7-301(2)(j), (3), and (4), assault, battery,
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false imprisonment, false arrest, malicious prosecution, intentional trespass, abuse of
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process, libel, slander, deceit, interference with contract rights, infliction of mental
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anguish, or violation of civil rights;
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(c) the issuance, denial, suspension, or revocation of, or the failure or refusal to issue,
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deny, suspend, or revoke, any permit, license, certificate, approval, order, or similar
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authorization;
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(d) a failure to make an inspection or making an inadequate or negligent inspection;
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(e) the institution or prosecution of any judicial or administrative proceeding, even if
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malicious or without probable cause;
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(f) a misrepresentation by an employee whether or not the misrepresentation is negligent
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or intentional;
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(g) a riot, unlawful assembly, public demonstration, mob violence, or civil disturbance;
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(h) the collection or assessment of taxes;
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(i) an activity of the Utah National Guard;
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(j) the incarceration of a person in a state prison, county or city jail, or other place of
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legal confinement;
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(k) a natural condition on publicly owned or controlled land;
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(l) a condition existing in connection with an abandoned mine or mining operation;
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(m) an activity authorized by the School and Institutional Trust Lands Administration or
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the Division of Forestry, Fire, and State Lands;
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(n) the operation or existence of a trail that is along a water facility, as defined in Section
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73-1-8, stream, or river, regardless of ownership or operation of the water facility,
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stream, or river, if:
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(i) the trail is designated under a general plan adopted by a municipality under
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Section 10-9a-401 or by a county under Section 17-27a-401;
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(ii) the trail right-of-way or the right-of-way where the trail is located is open to
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public use as evidenced by a written agreement between:
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(A) the owner or operator of the trail right-of-way or of the right-of-way where the
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trail is located; and
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(B) the municipality or county where the trail is located; and
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(iii) the written agreement:
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(A) contains a plan for operation and maintenance of the trail; and
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(B) provides that an owner or operator of the trail right-of-way or of the
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right-of-way where the trail is located has, at a minimum, the same level of
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immunity from suit as the governmental entity in connection with or resulting
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from the use of the trail;
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(o) research or implementation of cloud management or seeding for the clearing of fog;
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(p) the management of flood waters, earthquakes, or natural disasters;
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(q) the construction, repair, or operation of flood or storm systems;
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(r) the operation of an emergency vehicle, while being driven in accordance with the
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requirements of Section 41-6a-212;
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(s) the activity of:
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(i) providing emergency medical assistance;
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(ii) fighting fire;
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(iii) regulating, mitigating, or handling hazardous materials or hazardous wastes;
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(iv) an emergency evacuation;
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(v) transporting or removing an injured person to a place where emergency medical
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assistance can be rendered or where the person can be transported by a licensed
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ambulance service; or
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(vi) intervening during a dam emergency;
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(t) the exercise or performance, or the failure to exercise or perform, any function
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pursuant to Title 73, Chapter 10, Board of Water Resources - Division of Water
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Resources;
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(u) an unauthorized access to government records, data, or electronic information
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systems by any person or entity;
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(v) an activity of wildlife, as defined in Section 23A-1-101, that arises during the use of
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a public or private road;
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(w) a communication between employees of one or more law enforcement agencies
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related to the employment, disciplinary history, character, professional competence,
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or physical or mental health of a peace officer, or a former, current, or prospective
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employee of a law enforcement agency, including any communication made in
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accordance with Section 53-14-103; or
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(x) providing or failing to provide information under Section 53-27-102 or Subsection
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41-1a-213(6), (7), or (8), 53-3-207(4), or 53-3-805(5).
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(5) The following are immune from suit, and immunity is not waived for an action or
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failure to act within the scope of duties or employment, if the injury arises out of, in
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connection with, or results from the implementation of Section 17-16-22 to the extent it
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addresses evaluating and classifying high risk wildland urban interface property, Section
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31A-22-1310, or Title 65A, Chapter 8, Part 4, Wildland Urban Interface Property:
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(a) the Division of Forestry, Fire, and State Lands;
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(b) an officer, employee, or consultant of the Division of Forestry, Fire, and State Lands;
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(c) a county;
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(d) a wildland urban interface coordinator, as defined in Section 65A-8-401;
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(e) the Insurance Department; or
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(f) an officer, employee, or consultant of the Insurance Department.
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Section 5. Section 65A-8-203 is amended to read:
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65A-8-203 . Cooperative fire protection agreements with eligible entities.
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(1) As used in this section:
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(a) "Eligible entity" means:
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(i) a county, a municipality, or a special service district, special district, or service
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area with:
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(A) wildland fire suppression responsibility as described in Section 11-7-1; and
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(B) wildland fire suppression cost responsibility and taxing authority for a specific
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geographic jurisdiction; or
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(ii) upon approval by the director, a political subdivision established by a county,
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municipality, special service district, special district, or service area that is
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responsible for:
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(A) providing wildland fire suppression services; and
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(B) paying for the cost of wildland fire suppression services.
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(b) "Fire service provider" means a public or private entity that fulfills the duties of
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Subsection 11-7-1(1).
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(2)(a) The governing body of any eligible entity may enter into a cooperative agreement
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with the division to receive financial and wildfire management cooperation and
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assistance from the division, as described in this part.
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(b) A cooperative agreement shall last for a term of no more than five years and be
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renewable if the eligible entity continues to meet the requirements of this chapter.
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(3)(a) The state shall assume an eligible entity's cost of suppressing catastrophic wildfire
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as defined in the cooperative agreement if the eligible entity has entered into, and is
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in full compliance with, a cooperative agreement with the division, as described in
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this section.
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(b) A county or municipality that is not covered by a cooperative agreement with the
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division, as described in this section, shall be responsible for wildland fire costs
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within the county or municipality's jurisdiction, as described in Section 65A-8-203.2.
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(4) To enter into a cooperative agreement with the division, the eligible entity shall:
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[(a) if the eligible entity is a county, adopt and enforce on unincorporated land a
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wildland fire ordinance based upon minimum standards established by the division or
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Uniform Building Code Commission;]
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[(b)] (a) require that the fire department or equivalent fire service provider under contract
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with, or delegated by, the eligible entity on unincorporated land meet minimum
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standards for wildland fire training, certification, and suppression equipment based
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upon nationally accepted standards as specified by the division;
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[(c)] (b) invest in prevention, preparedness, and mitigation efforts, as agreed to with the
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division, that will reduce the eligible entity's risk of catastrophic wildfire;
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[(d)] (c)(i) file with the division an annual accounting of wildfire prevention,
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preparedness, mitigation actions, and associated costs;
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(ii) meet the eligibility entity's participation commitment by making direct payments
408
to the division; or
409
(iii) do a combination of Subsections [(4)(d)(i) and (ii)] (4)(c)(i) and (ii);
410
[(e)] (d) return the financial statement described in Subsection (6), signed by the chief
411
executive of the eligible entity, to the division on or before the date set by the
412
division;[ and]
413
[(f)] (e) if the eligible entity is a county, have a designated fire warden as described in
414
Section 65A-8-209.1[.] ;
415
(f) subject to Subsection (9), adopt and enforce the wildland urban interface building
416
standards, as defined in Section 65A-8-401, if the eligible entity is a:
417
(i) county for purposes of an unincorporated area within the county; or
418
(ii) municipality for an incorporated area within a county; and
419
(g) if the eligible entity is a county, comply with Section 17-16-22.
420
(5)(a) The state forester may execute a cooperative agreement with the eligible entity.
421
(b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
422
Administrative Rulemaking Act, governing the:
423
(i) cooperative agreements described in this section;
424
(ii) manner in which an eligible entity shall provide proof of compliance with
425
Subsection (4);
426
(iii) manner by which the division may revoke a cooperative agreement if an eligible
427
entity ceases to meet the requirements described in this section;
428
(iv) accounting system for determining suppression costs;
429
(v) manner in which the division shall determine the eligible entity's participation
430
commitment; and
431
(vi) manner in which an eligible entity may appeal a division determination.
432
(6)(a) The division shall send a financial statement to each eligible entity participating in
433
a cooperative agreement that details the eligible entity's participation commitment for
434
the coming fiscal year, including the prevention, preparedness, and mitigation actions
435
agreed to under Subsection (4)[(c)] (b).
436
(b) Each eligible entity participating in a cooperative agreement shall:
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(i) have the chief executive of the eligible entity sign the financial statement, or the
438
legislative body of the eligible entity approve the financial statement by
439
resolution, confirming the eligible entity's participation for the upcoming year; and
440
(ii) return the financial statement to the division, on or before a date set by the
441
division.
442
(c) A financial statement shall be effective for one calendar year, beginning on the date
443
set by the division, as described in Subsection (6)(b).
444
(7)(a) An eligible entity may revoke a cooperative agreement before the end of the
445
cooperative agreement's term by:
446
(i) informing the division, in writing, of the eligible entity's intention to revoke the
447
cooperative agreement; or
448
(ii) failing to sign and return its annual financial statement, as described in
449
Subsection (6)(b), unless the director grants an extension.
450
(b) An eligible entity may not revoke a cooperative agreement before the end of the term
451
of a signed annual financial statement, as described in Subsection (6)(c).
452
(8)(a) The division shall develop and maintain a wildfire risk assessment mapping tool
453
that is online and publicly accessible.
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(b)[(i)] The division shall analyze [adding an additional high-risk category] and
455
establish by rule, made in accordance with Title 63G, Chapter 3, Utah
456
Administrative Rulemaking Act, boundaries for high risk wildland urban interface
457
property and what constitutes wildland urban interface property that is not high
458
risk within the wildfire risk assessment mapping tool described in Subsection
459
(8)(a):
460
[(A)] (i) using a scientific assessment; and
461
[(B)] (ii) that is focused on the risk to dwellings within the wildland[-] urban interface
462
area.
463
[(ii) The division shall report the results of the division's analysis under this
464
Subsection (8)(b) to the Natural Resources, Agriculture, and Environment Interim
465
Committee by no later than the 2024 November interim meeting of that committee.]
466
(c) With regard to the categories used within the wildfire risk assessment mapping tool
467
described in Subsection (8)(a), the division may adjust the assessment for
468
participation commitments if the adjustment is based on the Consumer Price Index
469
for All Urban Consumers as published by the Bureau of Labor Statistics of the
470
United States Department of Labor, in accordance with a formula established by the
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471
division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
472
Rulemaking Act.
473
(9)(a) If the state under Section 15A-2-103 adopts an edition of the Utah Wildland
474
Urban Interface Code, issued by the International Code Council, with the alternatives
475
or amendments approved by the division, as a wildland urban interface building
476
standard that may be adopted by a local compliance agency:
477
(i) for purposes of an unincorporated area within a county, the county shall adopt and
478
enforce the wildland urban interface building standard described in this
479
Subsection (9)(a); and
480
(ii) for purposes of an incorporated area within a county, the relevant municipality
481
shall adopt and enforce the wildland urban interface building standard described
482
in this Subsection (9)(a).
483
(b) If a county or municipality fails to comply with Subsections (4)(f) and (9)(a), the
484
division may choose to not pay costs of the county or municipality under a
485
cooperative agreement executed under this section.
486
(c)(i) If the state adopts a different wildland urban interface building standard than
487
was previously adopted under Section 15A-2-103, a county or municipality has
488
two years from the date the state adopts the different wildland urban interface
489
building standard to adopt the appropriate wildland urban interface building
490
standard.
491
(ii) If a county or municipality fails to adopt the appropriate wildland urban interface
492
building standard within the time period described in Subsection (9)(c)(i), the
493
division may choose to not pay costs of the county or municipality under a
494
cooperative agreement executed under this section beginning two years from the
495
day on which the state adopts the different wildland urban interface building
496
standard and until such time as the county or municipality adopts the appropriate
497
wildland urban interface building standard.
498
Section 6. Section 65A-8-215 is amended to read:
499
65A-8-215 . Wildland-urban interface fire prevention, preparedness, and
500
mitigation.
501
(1) As used in this section:
502
(a) "Prevention, preparedness, and mitigation fund" means the Wildland-urban Interface
503
Prevention, Preparedness, and Mitigation Fund created in this section.
504
(b) "Suppression fund" means the Wildland Fire Suppression Fund created in Section
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505
65A-8-204.
506
(c) "Wildland-urban interface" means the zone where structures and other human
507
development meets, or intermingles with, undeveloped wildland.
508
(2)(a) There is created an expendable special revenue fund known as the
509
"Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund."
510
(b) The prevention, preparedness, and mitigation fund shall consist of:
511
(i) interest and earnings from the investment of money from the prevention,
512
preparedness, and mitigation fund;
513
(ii) money received as direct payment from cooperative wildfire system participation
514
commitments;
515
(iii) money appropriated by the Legislature;[ and]
516
(iv) money transferred to the prevention, preparedness, and mitigation fund under
517
Section 63J-1-314[.] ; and
518
(v) fees deposited into the prevention, preparedness, and mitigation fund under
519
Section 17-16-22.
520
(c) The division shall administer the prevention, preparedness, and mitigation fund to:
521
(i) pay costs of prevention and preparedness efforts on wildland-urban interface
522
within the state, as defined by the division by rule made in accordance with Title
523
63G, Chapter 3, Utah Administrative Rulemaking Act, including costs of an
524
eligible entity that has entered into a cooperative agreement, as described in
525
Section 65A-8-203;
526
(ii) issue fire department assistance grants, which in the aggregate may not exceed
527
10% of the money in the prevention, preparedness, and mitigation fund each fiscal
528
year; and
529
(iii) in cases of catastrophic need as determined by the state forester, pay costs that
530
could be paid from the suppression fund under Section 65A-8-204.
531
(d) Disbursements from the prevention, preparedness, and mitigation fund may only be
532
made upon written order of the state forester or the state forester's authorized
533
representative.
534
(3)(a) The division may by rule, made in accordance with Title 63G, Chapter 3, Utah
535
Administrative Rulemaking Act, establish criteria for community wildfire
536
preparedness plans addressing wildland-urban interface. The criteria shall require
537
action that is:
538
(i) qualitative and quantitative; and
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539
(ii) leads to reduced wildfire risk.
540
(b) An eligible entity, as defined in Section 65A-8-203, shall agree to implement
541
prevention, preparedness, and mitigation actions identified in a community wildfire
542
preparedness plan addressing wildland-urban interface that is approved by the
543
division.
544
Section 7. Section 65A-8-401 is enacted to read:
545
Part 4. Wildland Urban Interface Property
546
65A-8-401 . Definitions.
547
As used in this section:
548
(1) "High risk wildland urban interface property" means property located within the
549
boundary of high risk wildland urban interface as designated by the wildfire risk
550
assessment tool in Subsection 65A-8-203(8)(a) and defined by rule made in accordance
551
with Subsection 65A-8-402(5)(a).
552
(2) "Triage scale" means a scale with three classifications adopted by the division to
553
evaluate and classify property located within the wildland urban interface as to what
554
actions are needed to prepare the property for fire.
555
(3) "Wildland urban interface" means the same as that term is defined in Section
556
65A-8a-102.
557
(4) "Wildland urban interface building standards" means the edition of the Utah Wildland
558
Urban Interface Code adopted under Section 15A-2-103.
559
(5) "Wildland urban interface coordinator" means a representative of the division or a
560
county who evaluates and classifies wildland urban interface property in accordance
561
with Section 65A-8-402.
562
(6) "Wildland urban interface property and casualty insurer" means the same as that term is
563
defined in Section 31A-22-1310.
564
Section 8. Section 65A-8-402 is enacted to read:
565
65A-8-402 . Evaluation of wildland urban interface property -- Fee amounts --
566
Rulemaking.
567
(1)(a) The division shall establish a program under which a wildland urban interface
568
coordinator evaluates and classifies high risk wildland urban interface property using
569
a triage scale.
570
(b) The wildland urban interface coordinator shall be:
571
(i) a representative of the division; or
572
(ii) if the evaluation and classification is assigned to a county, a representative of the
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573
county.
574
(c) At the beginning of each calendar year, the division shall determine whether to
575
assign evaluation and classification under this section of high risk wildland urban
576
interface property to a county.
577
(2) After completing the evaluation and classification under this section, the wildland urban
578
interface coordinator shall inform a property owner of property described in Subsection
579
(1)(a) of:
580
(a) the classification assigned to the property described in Subsection (1)(a) under the
581
triage scale;
582
(b) the fee the property owner shall pay under Section 17-16-22; and
583
(c) resources from the division or county that the property owner may access to bring the
584
property described in Subsection (1)(a) to the first or second classification by
585
applying wildland urban interface building standards.
586
(3) As part of the program established under this section, the division:
587
(a) may provide resources to a property owner described in Subsection (2)(b) to
588
facilitate the property owner bringing the property described in Subsection (1)(a) to
589
the first or second classification under the triage scale; and
590
(b) shall develop and maintain a database that may be accessed by a wildland urban
591
interface property and casualty insurer to learn the classification under the triage
592
scale for any portion of high risk wildland urban interface property to be covered by
593
the wildland urban interface property and casualty insurer.
594
(4) The division shall annually set a fee amount to pay for the costs associated with the
595
implementation of this part to be assessed and collected by a county in accordance with
596
Section 17-16-22. The division may tier the fee amount to account for what level on the
597
triage scale a property is assigned by a wildland urban interface coordinator.
598
(5) The division may make rules, in accordance with Title 63G, Chapter 3, Utah
599
Administrative Rulemaking Act, to:
600
(a) define high risk wildland urban interface property and wildland urban interface
601
property that is not high risk as provided in Subsection 65A-8-203(8)(b);
602
(b) establish the criteria used to evaluate and classify property located within high risk
603
wildland urban interface property;
604
(c) create a process by which the division and counties communicate classifications
605
assigned to property described in Subsection (1)(a);
606
(d) create a process for communicating to a property owner the information described in
- 18 - 01-27 18:52 1st Sub. (Buff) H.B. 48
607
Subsection (2);
608
(e) establish how the division may provide resources under Subsection (3);
609
(f) create a process for a wildland urban interface property and casualty insurer to learn
610
the classification described in Subsection (3)(b); and
611
(g) establish how the fee amount described in Subsection (4) is set.
612
Section 9. Section 65A-8-403 is enacted to read:
613
65A-8-403 . Liability.
614
This part does not create a cause of action against the state, the division, an officer,
615
employee, or consultant of the division, a county, or a wildland urban interface coordinator for
616
an act or failure to act under this part and does not waive governmental immunity in
617
accordance with Subsection 63G-7-201(5).
618
Section 10. Effective Date.
619
This bill takes effect on May 7, 2025.
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