01-31 09:30 2nd Sub. (Gray) H.B. 48
James A. Dunnigan 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:
2nd Sub. H.B. 48 2nd Sub. (Gray) H.B. 48 01-31 09:30
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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 determining whether property is 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, high
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risk wildland urban interface property if the wildland urban interface property and
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casualty insurer's use of additional fire hazard data is in compliance with:
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(i) the boundary determination made in Subsection (2)(a); and
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(ii) this title and department rules made in accordance with Title 63G, Chapter 3,
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Utah Administrative Rulemaking Act.
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(c) If a property is determined not to be high risk wildland urban interface in accordance
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with Subsection (2)(a), this Subsection (2) does not apply to the use of fire hazard
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data in connection with rate setting or underwriting of the property.
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(d) This Subsection (2) does not restrict the use of data or underwriting tools in
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determining risks that are unrelated to fire risk.
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(3)(a) If an owner of property located within the wildland urban interface files a
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complaint with the department asserting that a wildland urban interface property and
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casualty insurer has violated, or is violating, this section, the department may
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investigate the wildland urban interface property and casualty insurer to determine
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whether a violation has occurred or is occurring.
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(b) If after an investigation under this Subsection (3) the department finds that a
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wildland urban interface property and casualty insurer has violated or is violating this
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section, the department may:
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(i) issue prohibitory, mandatory, and other orders as necessary to secure compliance
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with this section; and
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(ii) impose penalties against the wildland urban interface property and casualty
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insurer in accordance with Section 31A-2-308.
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(4) In addition to complying with relevant requirements of Section 31A-21-303, if due to
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risks of wildfire a wildland urban interface property and casualty insurer:
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(a) cancels or nonrenews property and casualty insurance covering wildland urban
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interface property, the wildland urban interface property and casualty insurer shall
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include in the notice of cancellation or nonrenewal the facts on which the wildland
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urban interface property and casualty insurer's decision is based with reasonable
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precision; and
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(b) increases the premium by more than 20% of the previous term's premium for
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property and casualty insurance covering wildland urban interface property, after
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receipt of a request for the information by the insured the wildland urban interface
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property and casualty insurer shall provide the insured 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) Subsections (1) through (4) apply on and after January 1, 2026.
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(6) 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;
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(b) waive governmental immunity in accordance with Subsection 63G-7-201(5); or
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(c) create a cause of action against a wildland urban interface property and casualty
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insurer for use in accordance with Subsection (2)(a) of the boundary provided in the
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wildfire risk assessment mapping tool maintained by the Division of Forestry, Fire,
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and State Lands in accordance with Subsection 65A-8-203(8).
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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
401
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.
407
(4) To enter into a cooperative agreement with the division, the eligible entity shall:
408
[(a) if the eligible entity is a county, adopt and enforce on unincorporated land a
409
wildland fire ordinance based upon minimum standards established by the division or
410
Uniform Building Code Commission;]
411
[(b)] (a) require that the fire department or equivalent fire service provider under contract
412
with, or delegated by, the eligible entity on unincorporated land meet minimum
413
standards for wildland fire training, certification, and suppression equipment based
414
upon nationally accepted standards as specified by the division;
415
[(c)] (b) invest in prevention, preparedness, and mitigation efforts, as agreed to with the
416
division, that will reduce the eligible entity's risk of catastrophic wildfire;
417
[(d)] (c)(i) file with the division an annual accounting of wildfire prevention,
418
preparedness, mitigation actions, and associated costs;
419
(ii) meet the eligibility entity's participation commitment by making direct payments
420
to the division; or
421
(iii) do a combination of Subsections [(4)(d)(i) and (ii)] (4)(c)(i) and (ii);
422
[(e)] (d) return the financial statement described in Subsection (6), signed by the chief
423
executive of the eligible entity, to the division on or before the date set by the
424
division;[ and]
425
[(f)] (e) if the eligible entity is a county, have a designated fire warden as described in
426
Section 65A-8-209.1[.] ;
427
(f) subject to Subsection (9), adopt and enforce the wildland urban interface building
428
standards, as defined in Section 65A-8-401, if the eligible entity is a:
429
(i) county for purposes of an unincorporated area within the county; or
430
(ii) municipality for an incorporated area within a county; and
431
(g) if the eligible entity is a county, comply with Section 17-16-22.
432
(5)(a) The state forester may execute a cooperative agreement with the eligible entity.
433
(b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
434
Administrative Rulemaking Act, governing the:
435
(i) cooperative agreements described in this section;
436
(ii) manner in which an eligible entity shall provide proof of compliance with
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437
Subsection (4);
438
(iii) manner by which the division may revoke a cooperative agreement if an eligible
439
entity ceases to meet the requirements described in this section;
440
(iv) accounting system for determining suppression costs;
441
(v) manner in which the division shall determine the eligible entity's participation
442
commitment; and
443
(vi) manner in which an eligible entity may appeal a division determination.
444
(6)(a) The division shall send a financial statement to each eligible entity participating in
445
a cooperative agreement that details the eligible entity's participation commitment for
446
the coming fiscal year, including the prevention, preparedness, and mitigation actions
447
agreed to under Subsection (4)[(c)] (b).
448
(b) Each eligible entity participating in a cooperative agreement shall:
449
(i) have the chief executive of the eligible entity sign the financial statement, or the
450
legislative body of the eligible entity approve the financial statement by
451
resolution, confirming the eligible entity's participation for the upcoming year; and
452
(ii) return the financial statement to the division, on or before a date set by the
453
division.
454
(c) A financial statement shall be effective for one calendar year, beginning on the date
455
set by the division, as described in Subsection (6)(b).
456
(7)(a) An eligible entity may revoke a cooperative agreement before the end of the
457
cooperative agreement's term by:
458
(i) informing the division, in writing, of the eligible entity's intention to revoke the
459
cooperative agreement; or
460
(ii) failing to sign and return its annual financial statement, as described in
461
Subsection (6)(b), unless the director grants an extension.
462
(b) An eligible entity may not revoke a cooperative agreement before the end of the term
463
of a signed annual financial statement, as described in Subsection (6)(c).
464
(8)(a) The division shall develop and maintain a wildfire risk assessment mapping tool
465
that is online and publicly accessible.
466
(b)[(i)] The division shall analyze [adding an additional high-risk category] and
467
establish by rule, made in accordance with Title 63G, Chapter 3, Utah
468
Administrative Rulemaking Act, boundaries for high risk wildland urban interface
469
property and what constitutes wildland urban interface property that is not high
470
risk within the wildfire risk assessment mapping tool described in Subsection
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471
(8)(a):
472
[(A)] (i) using a scientific assessment; and
473
[(B)] (ii) that is focused on the risk to dwellings within the wildland[-] urban interface
474
area.
475
[(ii) The division shall report the results of the division's analysis under this
476
Subsection (8)(b) to the Natural Resources, Agriculture, and Environment Interim
477
Committee by no later than the 2024 November interim meeting of that committee.]
478
(c) With regard to the categories used within the wildfire risk assessment mapping tool
479
described in Subsection (8)(a), the division may adjust the assessment for
480
participation commitments if the adjustment is based on the Consumer Price Index
481
for All Urban Consumers as published by the Bureau of Labor Statistics of the
482
United States Department of Labor, in accordance with a formula established by the
483
division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
484
Rulemaking Act.
485
(9)(a) If the state under Section 15A-2-103 adopts an edition of the Utah Wildland
486
Urban Interface Code, issued by the International Code Council, with the alternatives
487
or amendments approved by the division, as a wildland urban interface building
488
standard that may be adopted by a local compliance agency:
489
(i) for purposes of an unincorporated area within a county, the county shall adopt and
490
enforce the wildland urban interface building standard described in this
491
Subsection (9)(a); and
492
(ii) for purposes of an incorporated area within a county, the relevant municipality
493
shall adopt and enforce the wildland urban interface building standard described
494
in this Subsection (9)(a).
495
(b) If a county or municipality fails to comply with Subsections (4)(f) and (9)(a), the
496
division may choose to not pay costs of the county or municipality under a
497
cooperative agreement executed under this section.
498
(c)(i) If the state adopts a different wildland urban interface building standard than
499
was previously adopted under Section 15A-2-103, a county or municipality has
500
two years from the date the state adopts the different wildland urban interface
501
building standard to adopt the appropriate wildland urban interface building
502
standard.
503
(ii) If a county or municipality fails to adopt the appropriate wildland urban interface
504
building standard within the time period described in Subsection (9)(c)(i), the
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division may choose to not pay costs of the county or municipality under a
506
cooperative agreement executed under this section beginning two years from the
507
day on which the state adopts the different wildland urban interface building
508
standard and until such time as the county or municipality adopts the appropriate
509
wildland urban interface building standard.
510
Section 6. Section 65A-8-215 is amended to read:
511
65A-8-215 . Wildland-urban interface fire prevention, preparedness, and
512
mitigation.
513
(1) As used in this section:
514
(a) "Prevention, preparedness, and mitigation fund" means the Wildland-urban Interface
515
Prevention, Preparedness, and Mitigation Fund created in this section.
516
(b) "Suppression fund" means the Wildland Fire Suppression Fund created in Section
517
65A-8-204.
518
(c) "Wildland-urban interface" means the zone where structures and other human
519
development meets, or intermingles with, undeveloped wildland.
520
(2)(a) There is created an expendable special revenue fund known as the
521
"Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund."
522
(b) The prevention, preparedness, and mitigation fund shall consist of:
523
(i) interest and earnings from the investment of money from the prevention,
524
preparedness, and mitigation fund;
525
(ii) money received as direct payment from cooperative wildfire system participation
526
commitments;
527
(iii) money appropriated by the Legislature;[ and]
528
(iv) money transferred to the prevention, preparedness, and mitigation fund under
529
Section 63J-1-314[.] ; and
530
(v) fees deposited into the prevention, preparedness, and mitigation fund under
531
Section 17-16-22.
532
(c) The division shall administer the prevention, preparedness, and mitigation fund to:
533
(i) pay costs of prevention and preparedness efforts on wildland-urban interface
534
within the state, as defined by the division by rule made in accordance with Title
535
63G, Chapter 3, Utah Administrative Rulemaking Act, including costs of an
536
eligible entity that has entered into a cooperative agreement, as described in
537
Section 65A-8-203;
538
(ii) issue fire department assistance grants, which in the aggregate may not exceed
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539
10% of the money in the prevention, preparedness, and mitigation fund each fiscal
540
year; and
541
(iii) in cases of catastrophic need as determined by the state forester, pay costs that
542
could be paid from the suppression fund under Section 65A-8-204.
543
(d) Disbursements from the prevention, preparedness, and mitigation fund may only be
544
made upon written order of the state forester or the state forester's authorized
545
representative.
546
(3)(a) The division may by rule, made in accordance with Title 63G, Chapter 3, Utah
547
Administrative Rulemaking Act, establish criteria for community wildfire
548
preparedness plans addressing wildland-urban interface. The criteria shall require
549
action that is:
550
(i) qualitative and quantitative; and
551
(ii) leads to reduced wildfire risk.
552
(b) An eligible entity, as defined in Section 65A-8-203, shall agree to implement
553
prevention, preparedness, and mitigation actions identified in a community wildfire
554
preparedness plan addressing wildland-urban interface that is approved by the
555
division.
556
Section 7. Section 65A-8-401 is enacted to read:
557
Part 4. Wildland Urban Interface Property
558
65A-8-401 . Definitions.
559
As used in this section:
560
(1) "High risk wildland urban interface property" means property located within the
561
boundary of high risk wildland urban interface as designated by the wildfire risk
562
assessment tool in Subsection 65A-8-203(8)(a) and defined by rule made in accordance
563
with Subsection 65A-8-402(5)(a).
564
(2) "Triage scale" means a scale with three classifications adopted by the division to
565
evaluate and classify property located within the wildland urban interface as to what
566
actions are needed to prepare the property for fire.
567
(3) "Wildland urban interface" means the same as that term is defined in Section
568
65A-8a-102.
569
(4) "Wildland urban interface building standards" means the edition of the Utah Wildland
570
Urban Interface Code adopted under Section 15A-2-103.
571
(5) "Wildland urban interface coordinator" means a representative of the division or a
572
county who evaluates and classifies wildland urban interface property in accordance
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573
with Section 65A-8-402.
574
(6) "Wildland urban interface property and casualty insurer" means the same as that term is
575
defined in Section 31A-22-1310.
576
Section 8. Section 65A-8-402 is enacted to read:
577
65A-8-402 . Evaluation of wildland urban interface property -- Fee amounts --
578
Rulemaking.
579
(1)(a) The division shall establish a program under which a wildland urban interface
580
coordinator evaluates and classifies high risk wildland urban interface property using
581
a triage scale.
582
(b) The wildland urban interface coordinator shall be:
583
(i) a representative of the division; or
584
(ii) if the evaluation and classification is assigned to a county, a representative of the
585
county.
586
(c) At the beginning of each calendar year, the division shall determine whether to
587
assign evaluation and classification under this section of high risk wildland urban
588
interface property to a county.
589
(2) After completing the evaluation and classification under this section, the wildland urban
590
interface coordinator shall inform a property owner of property described in Subsection
591
(1)(a) of:
592
(a) the classification assigned to the property described in Subsection (1)(a) under the
593
triage scale;
594
(b) the fee the property owner shall pay under Section 17-16-22; and
595
(c) resources from the division or county that the property owner may access to bring the
596
property described in Subsection (1)(a) to the first or second classification by
597
applying wildland urban interface building standards.
598
(3) As part of the program established under this section, the division:
599
(a) may provide resources to a property owner described in Subsection (2)(b) to
600
facilitate the property owner bringing the property described in Subsection (1)(a) to
601
the first or second classification under the triage scale; and
602
(b) beginning on January 1, 2028, shall develop and maintain a database that may be
603
accessed by a wildland urban interface property and casualty insurer to learn the
604
classification under the triage scale for any portion of high risk wildland urban
605
interface property to be covered by the wildland urban interface property and casualty
606
insurer.
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607
(4)(a) The division shall annually set a fee amount that is based on the square footage of
608
a structure within the high risk wildland urban interface to pay for the costs
609
associated with the implementation of this part to be assessed and collected by a
610
county in accordance with Section 17-16-22.
611
(b) The division may tier the fee amount to account for what level on the triage scale a
612
property is assigned by a wildland urban interface coordinator.
613
(5) The division may make rules, in accordance with Title 63G, Chapter 3, Utah
614
Administrative Rulemaking Act, to:
615
(a) define high risk wildland urban interface property and wildland urban interface
616
property that is not high risk as provided in Subsection 65A-8-203(8)(b);
617
(b) establish the criteria used to evaluate and classify property located within high risk
618
wildland urban interface property;
619
(c) create a process by which the division and counties communicate classifications
620
assigned to property described in Subsection (1)(a);
621
(d) create a process for communicating to a property owner the information described in
622
Subsection (2);
623
(e) establish how the division may provide resources under Subsection (3);
624
(f) create a process for a wildland urban interface property and casualty insurer to learn
625
the classification described in Subsection (3)(b); and
626
(g) establish how the fee amount described in Subsection (4) is set.
627
Section 9. Section 65A-8-403 is enacted to read:
628
65A-8-403 . Liability.
629
This part does not create a cause of action against the state, the division, an officer,
630
employee, or consultant of the division, a county, or a wildland urban interface coordinator for
631
an act or failure to act under this part and does not waive governmental immunity in
632
accordance with Subsection 63G-7-201(5).
633
Section 10. Effective Date.
634
This bill takes effect on May 7, 2025.
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