02-03 08:58 1st Sub. (Buff) H.B. 307
Casey Snider proposes the following substitute bill:
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Wildfire Funding Amendments
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 wildfires.
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Highlighted Provisions:
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This bill:
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▸ merges several funds into the Utah Wildfire Fund (fund);
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▸ modifies references to the funds merged into the fund;
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▸ addresses cooperative agreements with the Division of Forestry, Fire, and State Lands;
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▸ modifies provisions related to the delegation of fire management authority;
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▸ amends definition provisions;
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▸ addresses elements of the fund such as what is deposited into the fund and how money in
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the fund is used;
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▸ requires reporting;
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▸ authorizes rulemaking;
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▸ moves provisions related to community wildfire preparedness plans addressing
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wildland-urban interface; and
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▸ makes technical and conforming amendments.
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Money Appropriated in this Bill:
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This bill appropriates $150,022,500 in restricted fund and account transfers for fiscal year
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2026, all of which is from the various sources as detailed in this bill.
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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53-2a-602, as last amended by Laws of Utah 2023, Chapter 16
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53-2a-603, as last amended by Laws of Utah 2023, Chapters 434, 534
1st Sub. H.B. 307 1st Sub. (Buff) H.B. 307 02-03 08:58
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59-21-2, as last amended by Laws of Utah 2024, Chapter 88
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63J-1-314, as last amended by Laws of Utah 2023, Chapters 153, 434
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63J-1-315, as last amended by Laws of Utah 2024, Chapters 77, 439
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63J-3-103, as last amended by Laws of Utah 2024, Chapter 77
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63N-3-106, as last amended by Laws of Utah 2024, Chapters 77, 159
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65A-1-1, as last amended by Laws of Utah 2024, Chapter 80
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65A-8-203, as last amended by Laws of Utah 2024, Chapter 77
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65A-8-203.1, as enacted by Laws of Utah 2016, Chapter 174
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65A-8-209, as last amended by Laws of Utah 2016, Chapter 174
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65A-8a-102, as last amended by Laws of Utah 2010, Chapter 40
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ENACTS:
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65A-8-216, Utah Code Annotated 1953
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REPEALS:
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65A-8-204, as last amended by Laws of Utah 2023, Chapter 153
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65A-8-206, as last amended by Laws of Utah 2016, Chapter 174
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65A-8-207, as last amended by Laws of Utah 2016, Chapter 174
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65A-8-213, as last amended by Laws of Utah 2023, Chapter 153
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65A-8-215, as last amended by Laws of Utah 2024, Chapter 77
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53-2a-602 is amended to read:
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53-2a-602 . Definitions.
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(1) Unless otherwise defined in this section, the terms that are used in this part mean the
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same as those terms are defined in Part 1, Emergency Management Act.
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(2) As used in this part:
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(a) "Agent of the state" means any representative of a state agency, local agency, or
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non-profit entity that agrees to provide support to a requesting intrastate or interstate
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government entity that has declared an emergency or disaster and has requested
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assistance through the division.
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(b) "Declared disaster" means one or more events:
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(i) within the state;
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(ii) that occur within a limited period of time;
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(iii) that involve:
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(A) a significant number of persons being at risk of bodily harm, sickness, or
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death; or
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(B) a significant portion of real property at risk of loss;
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(iv) that are sudden in nature and generally occur less frequently than every three
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years; and
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(v) that results in:
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(A) the president of the United States declaring an emergency or major disaster in
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the state;
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(B) the governor declaring a state of emergency under Part 2 Disaster Response
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and Recovery Act; or
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(C) the chief executive officer of a local government declaring a local emergency
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under Part 2, Disaster Response and Recovery Act.
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(c) "Disaster recovery account" means the State Disaster Recovery Restricted Account
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created in Section 53-2a-603.
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(d)(i) "Emergency disaster services" means:
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(A) evacuation;
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(B) shelter;
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(C) medical triage;
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(D) emergency transportation;
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(E) repair of infrastructure;
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(F) safety services, including fencing or roadblocks;
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(G) sandbagging;
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(H) debris removal;
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(I) temporary bridges;
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(J) procurement and distribution of food, water, or ice;
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(K) procurement and deployment of generators;
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(L) rescue or recovery;
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(M) emergency protective measures; or
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(N) services similar to those described in Subsections (2)(d)(i)(A) through (M), as
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defined by the division by rule, that are generally required in response to a
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declared disaster.
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(ii) "Emergency disaster services" does not include:
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(A) emergency preparedness; or
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(B) notwithstanding whether [or not ]a county participates in the [Wildland Fire
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Suppression Fund created in Section 65A-8-204] Utah Wildfire Fund created in
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Section 65A-8-216, any fire suppression or presuppression costs that may be
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paid for from the [Wildland Fire Suppression] Utah Wildfire Fund if the county
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participates in the [Wildland Fire Suppression] Utah Wildfire Fund.
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(e) "Emergency preparedness" means the following done for the purpose of being
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prepared for an emergency as defined by the division by rule made in accordance
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with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
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(i) the purchase of equipment;
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(ii) the training of personnel; or
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(iii) the obtaining of a certification.
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(f) "Governing body" means:
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(i) for a county, city, or town, the legislative body of the county, city, or town;
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(ii) for a special district, the board of trustees of the special district; and
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(iii) for a special service district:
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(A) the legislative body of the county, city, or town that established the special
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service district, if no administrative control board has been appointed under
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Section 17D-1-301; or
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(B) the administrative control board of the special service district, if an
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administrative control board has been appointed under Section 17D-1-301.
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(g) "Local fund" means a local government disaster fund created in accordance with
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Section 53-2a-605.
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(h) "Local government" means:
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(i) a county;
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(ii) a city or town; or
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(iii) a special district or special service district that:
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(A) operates a water system;
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(B) provides transportation service;
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(C) provides, operates, and maintains correctional and rehabilitative facilities and
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programs for municipal, state, and other detainees and prisoners;
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(D) provides consolidated 911 and emergency dispatch service;
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(E) operates an airport; or
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(F) operates a sewage system.
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(i) "Special district" means the same as that term is defined in Section 17B-1-102.
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(j) "Special fund" means a fund other than a general fund of a local government that is
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created for a special purpose established under the uniform system of budgeting,
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accounting, and reporting.
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(k) "Special service district" means the same as that term is defined in Section 17D-1-102.
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(l) "State's prime interest rate" means the average interest rate paid by the state on
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general obligation bonds issued during the most recent fiscal year in which bonds
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were sold.
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Section 2. Section 53-2a-603 is amended to read:
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53-2a-603 . State Disaster Recovery Restricted Account.
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(1)(a) There is created a restricted account in the General Fund known as the "State
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Disaster Recovery Restricted Account."
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(b) The disaster recovery account consists of:
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(i) money deposited into the disaster recovery account in accordance with Section
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63J-1-314;
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(ii) money appropriated to the disaster recovery account by the Legislature; and
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(iii) any other public or private money received by the division that is:
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(A) given to the division for purposes consistent with this section; and
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(B) deposited into the disaster recovery account at the request of:
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(I) the division; or
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(II) the person or entity giving the money.
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(c) The Division of Finance shall deposit interest or other earnings derived from
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investment of account money into the General Fund.
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(2) Money in the disaster recovery account may only be expended or committed to be
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expended as follows:
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(a)(i) subject to Section 53-2a-606, in any fiscal year the division may expend or
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commit to expend an amount that does not exceed $500,000, in accordance with
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Section 53-2a-604, to fund costs to the state of emergency disaster services in
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response to a declared disaster;
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(ii) subject to Section 53-2a-606, in any fiscal year the division may expend or
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commit to expend an amount that exceeds $500,000, but does not exceed
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$3,000,000, in accordance with Section 53-2a-604, to fund costs to the state of
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emergency disaster services in response to a declared disaster if the division:
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(A) before making the expenditure or commitment to expend, obtains approval for
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the expenditure or commitment to expend from the governor;
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(B) subject to Subsection (5), provides written notice of the expenditure or
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commitment to expend to the speaker of the House of Representatives, the
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president of the Senate, the Division of Finance, the Executive Offices and
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Criminal Justice Appropriations Subcommittee, the Legislative Management
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Committee, and the Office of the Legislative Fiscal Analyst no later than 72
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hours after making the expenditure or commitment to expend; and
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(C) makes the report required by Subsection 53-2a-606(2);
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(iii) subject to Section 53-2a-606, in any fiscal year the division may expend or
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commit to expend an amount that exceeds $3,000,000, but does not exceed
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$5,000,000, in accordance with Section 53-2a-604, to fund costs to the state of
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emergency disaster services in response to a declared disaster if, before making
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the expenditure or commitment to expend, the division:
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(A) obtains approval for the expenditure or commitment to expend from the
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governor; and
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(B) submits the expenditure or commitment to expend to the Executive
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Appropriations Committee in accordance with Subsection 53-2a-606(3);
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(iv) in any fiscal year the division may expend or commit to expend an amount that
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does not exceed $500,000 to fund expenses incurred by the National Guard if:
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(A) in accordance with Section 39A-3-103, the governor orders into active service
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the National Guard in response to a declared disaster; and
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(B) the money is not used for expenses that qualify for payment as emergency
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disaster services; and
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(v) in any fiscal year, the division may expend an amount that does not exceed
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$750,000 to fund expenses incurred to develop or enhance emergency
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management capabilities if:
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(A) the money is used for personnel, equipment, supplies, contracts, training,
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exercises, or other expenses deemed reasonable and necessary to:
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(I) promote and strengthen the state's level of resiliency through mitigation,
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preparedness, response, or recovery activities; or
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(II) meet federal grant matching requirements; and
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(B) the disaster recovery account has a balance of funds available to be utilized
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while maintaining a minimum balance of $5,000,000;
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(b) money not described in Subsections (2)(a)(i), (ii), and (iii) may be expended or
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committed to be expended to fund costs to the state directly related to a declared
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disaster that are not costs related to:
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(i) emergency disaster services;
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(ii) emergency preparedness; or
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(iii) notwithstanding whether a county participates in the [Wildland Fire Suppression
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Fund created in Section 65A-8-204] Utah Wildfire Fund created in Section
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65A-8-216, any fire suppression or presuppression costs that may be paid for from
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the [Wildland Fire Suppression] Utah Wildfire Fund if the county participates in
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the [Wildland Fire Suppression] Utah Wildfire Fund;
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(c) to fund:
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(i) the Local Government Emergency Response Loan Fund created in Section
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53-2a-607; and
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(ii) the Response, Recovery, and Post-disaster Mitigation Restricted Account created
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in Section 53-2a-1302;
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(d) the division may provide advanced funding from the disaster recovery account to
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recognized agents of the state when:
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(i) Utah has agreed, through the division, to enact the Emergency Management
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Assistance Compact with another member state that has requested assistance
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during a declared disaster;
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(ii) Utah agrees to provide resources to the requesting member state;
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(iii) the agent of the state who represents the requested resource has no other funding
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source available at the time of the Emergency Management Assistance Compact
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request; and
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(iv) the disaster recovery account has a balance of funds available to be utilized while
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maintaining a minimum balance of $5,000,000;
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(e) to fund up to $500,000 for the governor's emergency appropriations described in
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Subsection 63J-1-217(4); and
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(f) to pay the state's deductible in the event of an earthquake.
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(3) All funding provided in advance to an agent of the state and subsequently reimbursed
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shall be credited to the account.
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(4) The state treasurer shall invest money in the disaster recovery account according to Title
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51, Chapter 7, State Money Management Act.
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(5)(a) Except as provided in Subsections (1) and (2), the money in the disaster recovery
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account may not be diverted, appropriated, expended, or committed to be expended
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for a purpose that is not listed in this section.
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(b) Notwithstanding Section 63J-1-410, the Legislature may not appropriate money from
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the disaster recovery account to eliminate or otherwise reduce an operating deficit if
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the money appropriated from the disaster recovery account is expended or committed
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to be expended for a purpose other than one listed in this section.
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(c) The Legislature may not amend the purposes for which money in the disaster
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recovery account may be expended or committed to be expended except by the
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affirmative vote of two-thirds of all the members elected to each house.
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(6) The division:
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(a) shall provide the notice required by Subsection (2)(a)(ii) using the best available
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method under the circumstances as determined by the division; and
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(b) may provide the notice required by Subsection (2)(a)(ii) in electronic format.
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Section 3. Section 59-21-2 is amended to read:
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59-21-2 . Mineral Bonus Account created -- Contents -- Use of Mineral Bonus
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Account money -- Mineral Lease Account created -- Contents -- Appropriation of money
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from Mineral Lease Account.
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(1)(a) There is created a restricted account within the General Fund known as the
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"Mineral Bonus Account."
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(b) The Mineral Bonus Account consists of federal mineral lease bonus payments
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deposited pursuant to Subsection 59-21-1(3).
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(c) The Legislature shall make appropriations from the Mineral Bonus Account in
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accordance with Section 35 of the Mineral Lands Leasing Act of 1920, 30 U.S.C.
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Sec. 191.
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(d) The state treasurer shall:
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(i) invest the money in the Mineral Bonus Account by following the procedures and
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requirements of Title 51, Chapter 7, State Money Management Act; and
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(ii) deposit all interest or other earnings derived from the account into the Mineral
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Bonus Account.
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(e) The Division of Finance shall, beginning on July 1, 2017, annually deposit 30% of
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mineral lease bonus payments deposited under Subsection (1)(b) from the previous
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fiscal year into the [Wildland Fire Suppression Fund created in Section 65A-8-204]
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Utah Wildfire Fund created in Section 65A-8-216, up to $2,000,000 but not to exceed
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20% of the amount expended in the previous fiscal year from the [Wildland Fire
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Suppression] Utah Wildfire Fund.
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(2)(a) There is created a restricted account within the General Fund known as the
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"Mineral Lease Account."
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(b) The Mineral Lease Account consists of federal mineral lease money deposited
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pursuant to Subsection 59-21-1(1).
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(c) The Legislature shall make appropriations from the Mineral Lease Account as
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provided in Subsection 59-21-1(1) and this Subsection (2).
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(d) The Legislature shall annually appropriate 32.5% of all deposits made to the Mineral
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Lease Account to the Permanent Community Impact Fund established by Section
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35A-8-303.
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(e) The Legislature shall annually appropriate 2.25% of all deposits made to the Mineral
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Lease Account to the State Board of Education, to be used for education research and
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experimentation in the use of staff and facilities designed to improve the quality of
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education in Utah.
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(f) The Legislature shall annually appropriate 2.25% of all deposits made to the Mineral
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Lease Account to the Utah Geological Survey Restricted Account, created in Section
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79-3-403, to be used by the Utah Geological Survey for activities carried on by the
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Utah Geological Survey having as a purpose the development and exploitation of
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natural resources in the state.
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(g) The Legislature shall annually appropriate 2.25% of all deposits made to the Mineral
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Lease Account to the Water Research Laboratory at Utah State University, to be used
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for activities carried on by the laboratory having as a purpose the development and
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exploitation of water resources in the state.
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(h)(i) The Legislature shall annually appropriate to the Division of Finance 40% of
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all deposits made to the Mineral Lease Account to be distributed as provided in
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Subsection (2)(h)(ii) to:
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(A) counties;
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(B) special service districts established:
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(I) by counties;
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(II) under Title 17D, Chapter 1, Special Service District Act; and
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(III) for the purpose of constructing, repairing, or maintaining roads; or
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(C) special service districts established:
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(I) by counties;
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(II) under Title 17D, Chapter 1, Special Service District Act; and
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(III) for other purposes authorized by statute.
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(ii) The Division of Finance shall allocate the funds specified in Subsection (2)(h)(i):
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(A) in amounts proportionate to the amount of mineral lease money generated by
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each county; and
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(B) to a county or special service district established by a county under Title 17D,
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Chapter 1, Special Service District Act, as determined by the county legislative
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body.
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(i)(i) The Legislature shall annually appropriate 5% of all deposits made to the
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Mineral Lease Account to the Department of Workforce Services to be distributed
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to:
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(A) special service districts established:
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(I) by counties;
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(II) under Title 17D, Chapter 1, Special Service District Act; and
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(III) for the purpose of constructing, repairing, or maintaining roads; or
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(B) special service districts established:
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(I) by counties;
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(II) under Title 17D, Chapter 1, Special Service District Act; and
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(III) for other purposes authorized by statute.
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(ii) The Department of Workforce Services may distribute the amounts described in
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Subsection (2)(i)(i) only to special service districts established under Title 17D,
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Chapter 1, Special Service District Act, by counties:
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(A) of the third, fourth, fifth, or sixth class;
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(B) in which 4.5% or less of the mineral lease money within the state is generated;
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and
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(C) that are significantly socially or economically impacted as provided in
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Subsection (2)(i)(iii) by the development of minerals under the Mineral Lands
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Leasing Act, 30 U.S.C. Sec. 181 et seq.
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(iii) The significant social or economic impact required under Subsection (2)(i)(ii)(C)
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shall be as a result of:
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(A) the transportation within the county of hydrocarbons, including solid
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hydrocarbons as defined in Section 59-5-101;
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(B) the employment of persons residing within the county in hydrocarbon
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extraction, including the extraction of solid hydrocarbons as defined in Section
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59-5-101; or
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(C) a combination of Subsections (2)(i)(iii)(A) and (B).
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(iv) For purposes of distributing the appropriations under this Subsection (2)(i) to
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special service districts established by counties under Title 17D, Chapter 1,
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Special Service District Act, the Department of Workforce Services shall:
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(A)(I) allocate 50% of the appropriations equally among the counties meeting
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the requirements of Subsections (2)(i)(ii) and (iii); and
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(II) allocate 50% of the appropriations based on the ratio that the population of
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each county meeting the requirements of Subsections (2)(i)(ii) and (iii)
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bears to the total population of all of the counties meeting the requirements
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of Subsections (2)(i)(ii) and (iii); and
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(B) after making the allocations described in Subsection (2)(i)(iv)(A), distribute
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the allocated revenues to special service districts established by the counties
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under Title 17D, Chapter 1, Special Service District Act, as determined by the
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executive director of the Department of Workforce Services after consulting
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with the county legislative bodies of the counties meeting the requirements of
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Subsections (2)(i)(ii) and (iii).
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(v) The executive director of the Department of Workforce Services:
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(A) shall determine whether a county meets the requirements of Subsections
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(2)(i)(ii) and (iii);
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(B) shall distribute the appropriations under Subsection (2)(i)(i) to special service
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districts established by counties under Title 17D, Chapter 1, Special Service
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District Act, that meet the requirements of Subsections (2)(i)(ii) and (iii); and
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(C) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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may make rules:
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(I) providing a procedure for making the distributions under this Subsection
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(2)(i) to special service districts; and
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(II) defining the term "population" for purposes of Subsection (2)(i)(iv).
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(j)(i) The Legislature shall annually make the following appropriations from the
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Mineral Lease Account:
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(A) an amount equal to 52 cents multiplied by the number of acres of school or
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institutional trust lands, lands owned by the Division of State Parks or the
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Division of Outdoor Recreation, and lands owned by the Division of Wildlife
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Resources that are not under an in lieu of taxes contract, to each county in
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which those lands are located;
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(B) to each county in which school or institutional trust lands are transferred to the
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federal government after December 31, 1992, an amount equal to the number
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of transferred acres in the county multiplied by a payment per acre equal to the
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difference between 52 cents per acre and the per acre payment made to that
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county in the most recent payment under the federal payment in lieu of taxes
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program, 31 U.S.C. Sec. 6901 et seq., unless the federal payment was equal to
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or exceeded the 52 cents per acre, in which case a payment under this
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Subsection (2)(j)(i)(B) may not be made for the transferred lands;
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(C) to each county in which federal lands, which are entitlement lands under the
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federal in lieu of taxes program, are transferred to the school or institutional
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trust, an amount equal to the number of transferred acres in the county
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multiplied by a payment per acre equal to the difference between the most
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recent per acre payment made under the federal payment in lieu of taxes
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program and 52 cents per acre, unless the federal payment was equal to or less
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than 52 cents per acre, in which case a payment under this Subsection
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(2)(j)(i)(C) may not be made for the transferred land; and
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(D) to a county of the fifth or sixth class, an amount equal to the product of:
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(I) $1,000; and
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(II) the number of residences described in Subsection (2)(j)(iv) that are located
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within the county.
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(ii) A county receiving money under Subsection (2)(j)(i) may, as determined by the
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county legislative body, distribute the money or a portion of the money to:
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(A) special service districts established by the county under Title 17D, Chapter 1,
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Special Service District Act;
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(B) school districts; or
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(C) public institutions of higher education.
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(iii)(A) Beginning in fiscal year 1994-95 and in each year after fiscal year
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1994-95, the Division of Finance shall increase or decrease the amounts per
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acre provided for in Subsections (2)(j)(i)(A) through (C) by the average annual
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change in the Consumer Price Index for all urban consumers published by the
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Department of Labor.
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(B) For fiscal years beginning on or after fiscal year 2001-02, the Division of
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Finance shall increase or decrease the amount described in Subsection
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(2)(j)(i)(D)(I) by the average annual change in the Consumer Price Index for
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all urban consumers published by the Department of Labor.
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(iv) Residences for purposes of Subsection (2)(j)(i)(D)(II) are residences that are:
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(A) owned by:
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(I) the Division of State Parks;
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(II) the Division of Outdoor Recreation; or
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(III) the Division of Wildlife Resources;
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(B) located on lands that are owned by:
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(I) the Division of State Parks;
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(II) the Division of Outdoor Recreation; or
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(III) the Division of Wildlife Resources; and
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(C) are not subject to taxation under:
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(I) Chapter 2, Property Tax Act; or
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(II) Chapter 4, Privilege Tax.
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(k) The Legislature shall annually appropriate to the Permanent Community Impact
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Fund all deposits remaining in the Mineral Lease Account after making the
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appropriations provided for in Subsections (2)(d) through (j).
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(3)(a) Each agency, board, institution of higher education, and political subdivision
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receiving money under this chapter shall provide the Legislature, through the Office
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of the Legislative Fiscal Analyst, with a complete accounting of the use of that
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money on an annual basis.
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(b) The accounting required under Subsection (3)(a) shall:
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(i) include actual expenditures for the prior fiscal year, budgeted expenditures for the
421
current fiscal year, and planned expenditures for the following fiscal year; and
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(ii) be reviewed by the Business, Economic Development, and Labor Appropriations
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Subcommittee as part of its normal budgetary process under Title 63J, Chapter 1,
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Budgetary Procedures Act.
425
Section 4. Section 63J-1-314 is amended to read:
426
63J-1-314 . Deposits related to the Utah Wildfire Fund and the Disaster
427
Recovery Funding Act.
428
(1) As used in this section, "operating deficit" means that, at the end of the fiscal year, the
429
unassigned fund balance in the General Fund is less than zero.
430
(2) Except as provided under Subsections (3) and (4), at the end of each fiscal year, the
431
Division of Finance shall, after the transfer of General Fund revenue surplus has been
432
made to the Medicaid Growth Reduction and Budget Stabilization Account, as provided
433
in Section 63J-1-315, and the General Fund Budget Reserve Account, as provided in
434
Section 63J-1-312, transfer:
435
(a)(i) for a fiscal year ending on or after June 30, 2026, to the Utah Wildfire Fund
436
created in Section 65A-8-216, $4,000,000 each fiscal year until an aggregate
- 13 - 1st Sub. (Buff) H.B. 307 02-03 08:58
437
amount of $20,000,000 is transferred under this Subsection (2)(a)(i); and
438
(ii) for a fiscal year ending after the requirements of Subsection (2)(a)(i) are met, to
439
the [Wildland Fire Suppression Fund created in Section 65A-8-204] Utah Wildfire
440
Fund created in Section 65A-8-216, an amount equal to the lesser of:
441
[(i)] (A) $4,000,000; or
442
[(ii)] (B) an amount necessary to make the balance in the [Wildland Fire
443
Suppression] Utah Wildfire Fund equal to [$12,000,000;] $70,000,000; and
444
[(b) if no money is transferred to the Wildland Fire Suppression Fund under Subsection
445
(2)(a), to the Wildland-urban Interface Prevention, Preparedness, and Mitigation
446
Fund created in Section 65A-8-215 an amount equal to the lesser of:]
447
[(i) $4,000,000; and]
448
[(ii) the amount necessary to make the balance in the Wildland-urban Interface
449
Prevention, Preparedness, and Mitigation Fund equal to $12,000,000; and]
450
[(c)] (b) an amount into the State Disaster Recovery Restricted Account, created in
451
Section 53-2a-603, from the General Fund revenue surplus as defined in Section
452
63J-1-312, calculated by:
453
(i) determining the amount of General Fund revenue surplus after the transfer to the
454
Medicaid Growth Reduction and Budget Stabilization Account under Section
455
63J-1-315, the General Fund Budget Reserve Account under Section 63J-1-312,
456
and the transfer to the [Wildland Fire Suppression] Utah Wildfire Fund as
457
described in Subsection (2)(a);
458
(ii) calculating an amount equal to the lesser of:
459
(A) 25% of the amount determined under Subsection [(2)(c)(i)] (2)(b)(i); or
460
(B) 6% of the total of the General Fund appropriation amount for the fiscal year in
461
which the surplus occurs; and
462
(iii) adding to the amount calculated under Subsection [(2)(c)(ii)] (2)(b)(ii) an amount
463
equal to the lesser of:
464
(A) 25% more of the amount described in Subsection [(2)(c)(i)] (2)(b)(i); or
465
(B) the amount necessary to replace, in accordance with this Subsection [(2)(c)(iii)]
466
(2)(b)(iii), any amount appropriated from the State Disaster Recovery
467
Restricted Account within 10 fiscal years before the fiscal year in which the
468
surplus occurs if:
469
(I) a surplus exists; and
470
(II) the Legislature appropriates money from the State Disaster Recovery
- 14 - 02-03 08:58 1st Sub. (Buff) H.B. 307
471
Restricted Account that is not replaced by appropriation or as provided in
472
this Subsection [(2)(c)(iii)] (2)(b)(iii).
473
(3)(a) Notwithstanding Subsection (2), if, at the end of a fiscal year, the Division of
474
Finance determines that an operating deficit exists, the division shall reduce the
475
transfer to the State Disaster Recovery Restricted Account by an amount necessary to
476
eliminate the operating deficit, up to the full amount of the transfer.
477
(b) If, after reducing the transfer to the State Disaster Recovery Account to zero under
478
Subsection (3)(a), the Division of Finance determines that an operating deficit still
479
exists, the division shall reduce the transfer to the [Wildland Fire Suppression] Utah
480
Wildfire Fund by an amount necessary to eliminate the operating deficit, up to the
481
full amount of the transfer.
482
(4) Notwithstanding Subsection (2):
483
(a) for the period beginning July 1, 2015, and ending June 30, 2020, the Division of
484
Finance shall transfer to the Local Government Emergency Response Loan Fund
485
25% of the amount to be transferred into the State Disaster Recovery Restricted
486
Account as provided in Subsection [(2)(c)(ii)] (2)(b)(ii);
487
(b) on and after July 1, 2020, the Division of Finance shall transfer to the Local
488
Government Emergency Response Loan Fund 10% of the amount to be transferred
489
into the State Disaster Recovery Restricted Account as provided in Subsection [(2)(c)]
490
(2)(b) ; and
491
(c) on and after July 1, 2023, the Division of Finance shall transfer to the Response,
492
Recovery, and Post-disaster Mitigation Restricted Account 25% of the amount to be
493
transferred into the State Disaster Recovery Restricted Account as provided in
494
Subsection [(2)(c)] (2)(b).
495
Section 5. Section 63J-1-315 is amended to read:
496
63J-1-315 . Medicaid Growth Reduction and Budget Stabilization Account --
497
Transfers of Medicaid growth savings -- Base budget adjustments.
498
(1) As used in this section:
499
(a) "Department" means the Department of Health and Human Services created in
500
Section 26B-1-201.
501
(b) "Division" means the Division of Integrated Healthcare created in Section 26B-3-102.
502
(c) "General Fund revenue surplus" means a situation where actual General Fund
503
revenues collected in a completed fiscal year exceed the estimated revenues for the
504
General Fund for that fiscal year that were adopted by the Executive Appropriations
- 15 - 1st Sub. (Buff) H.B. 307 02-03 08:58
505
Committee of the Legislature.
506
(d) "Medicaid growth savings" means the Medicaid growth target minus Medicaid
507
program expenditures, if Medicaid program expenditures are less than the Medicaid
508
growth target.
509
(e) "Medicaid growth target" means Medicaid program expenditures for the previous
510
year multiplied by 1.08.
511
(f) "Medicaid program" is as defined in Section 26B-3-101.
512
(g) "Medicaid program expenditures" means total state revenue expended for the
513
Medicaid program from the General Fund, including restricted accounts within the
514
General Fund, during a fiscal year.
515
(h) "Medicaid program expenditures for the previous year" means total state revenue
516
expended for the Medicaid program from the General Fund, including restricted
517
accounts within the General Fund, during the fiscal year immediately preceding a
518
fiscal year for which Medicaid program expenditures are calculated.
519
(i) "Operating deficit" means that, at the end of the fiscal year, the unassigned fund
520
balance in the General Fund is less than zero.
521
(j) "State revenue" means revenue other than federal revenue.
522
(k) "State revenue expended for the Medicaid program" includes money transferred or
523
appropriated to the Medicaid Growth Reduction and Budget Stabilization Account
524
only to the extent the money is appropriated for the Medicaid program by the
525
Legislature.
526
(2) There is created within the General Fund a restricted account to be known as the
527
Medicaid Growth Reduction and Budget Stabilization Account.
528
(3)(a) The following shall be deposited into the Medicaid Growth Reduction and Budget
529
Stabilization Account:
530
(i) deposits described in Subsection (4);
531
(ii) beginning July 1, 2024, any general funds appropriated to the department for the
532
state plan for medical assistance or for Medicaid administration by the Division of
533
Integrated Healthcare that are not expended by the department in the fiscal year
534
for which the general funds were appropriated and which are not otherwise
535
designated as nonlapsing shall lapse into the Medicaid Growth Reduction and
536
Budget Stabilization Account;
537
(iii) beginning July 1, 2024, any unused state funds that are associated with the
538
Medicaid program from the Department of Workforce Services;
- 16 - 02-03 08:58 1st Sub. (Buff) H.B. 307
539
(iv) beginning July 1, 2024, any penalties imposed and collected under:
540
(A) Section 17B-2a-818.5;
541
(B) Section 19-1-206;
542
(C) Section 63A-5b-607;
543
(D) Section 63C-9-403;
544
(E) Section 72-6-107.5; or
545
(F) Section 79-2-404; and
546
(v) at the close of fiscal year 2024, the Division of Finance shall transfer any existing
547
balance in the Medicaid Restricted Account created in Section 26B-1-309 into the
548
Medicaid Growth Reduction and Budget Stabilization Account.
549
(b) In addition to the deposits described in Subsection (3)(a), the Legislature may
550
appropriate money into the Medicaid Growth Reduction and Budget Stabilization
551
Account.
552
(4)(a)(i) Except as provided in Subsection (7), if, at the end of a fiscal year, there is a
553
General Fund revenue surplus, the Division of Finance shall transfer an amount
554
equal to Medicaid growth savings from the General Fund to the Medicaid Growth
555
Reduction and Budget Stabilization Account.
556
(ii) If the amount transferred is reduced to prevent an operating deficit, as provided in
557
Subsection (7), the Legislature shall include, to the extent revenue is available, an
558
amount equal to the reduction as an appropriation from the General Fund to the
559
account in the base budget for the second fiscal year following the fiscal year for
560
which the reduction was made.
561
(b) If, at the end of a fiscal year, there is not a General Fund revenue surplus, the
562
Legislature shall include, to the extent revenue is available, an amount equal to
563
Medicaid growth savings as an appropriation from the General Fund to the account in
564
the base budget for the second fiscal year following the fiscal year for which the
565
reduction was made.
566
(c) Subsections (4)(a) and (4)(b) apply only to the fiscal year in which the department
567
implements the proposal developed under Section 26B-3-202 to reduce the long-term
568
growth in state expenditures for the Medicaid program, and to each fiscal year after
569
that year.
570
(5) The Division of Finance shall calculate the amount to be transferred under Subsection
571
(4):
572
(a) before transferring revenue from the General Fund revenue surplus to:
- 17 - 1st Sub. (Buff) H.B. 307 02-03 08:58
573
(i) the General Fund Budget Reserve Account under Section 63J-1-312;
574
[(ii)(A) the Wildland Fire Suppression Fund created in Section 65A-8-204, as
575
described in Section 63J-1-314; or]
576
[(B) the Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund
577
under Section 63J-1-314; and]
578
(ii) the Utah Wildfire Fund created in Section 65A-8-216, as described in Section
579
63J-1-314; and
580
(iii) the State Disaster Recovery Restricted Account under Section 63J-1-314;
581
(b) before earmarking revenue from the General Fund revenue surplus to the Industrial
582
Assistance Account under Section 63N-3-106; and
583
(c) before making any other year-end contingency appropriations, year-end set-asides, or
584
other year-end transfers required by law.
585
(6)(a) If, at the close of any fiscal year, there appears to be insufficient money to pay
586
additional debt service for any bonded debt authorized by the Legislature, the
587
Division of Finance may hold back from any General Fund revenue surplus money
588
sufficient to pay the additional debt service requirements resulting from issuance of
589
bonded debt that was authorized by the Legislature.
590
(b) The Division of Finance may not spend the hold back amount for debt service under
591
Subsection (6)(a) unless and until it is appropriated by the Legislature.
592
(c) If, after calculating the amount for transfer under Subsection (4), the remaining
593
General Fund revenue surplus is insufficient to cover the hold back for debt service
594
required by Subsection (6)(a), the Division of Finance shall reduce the transfer to the
595
Medicaid Growth Reduction and Budget Stabilization Account by the amount
596
necessary to cover the debt service hold back.
597
(d) Notwithstanding Subsections (4) and (5), the Division of Finance shall hold back the
598
General Fund balance for debt service authorized by this Subsection (6) before
599
making any transfers to the Medicaid Growth Reduction and Budget Stabilization
600
Account or any other designation or allocation of General Fund revenue surplus.
601
(7) Notwithstanding Subsections (4) and (5), if, at the end of a fiscal year, the Division of
602
Finance determines that an operating deficit exists and that holding back earmarks to the
603
Industrial Assistance Account under Section 63N-3-106, transfers to the [ Wildland Fire
604
Suppression Fund] Utah Wildfire Fund and State Disaster Recovery Restricted Account
605
under Section 63J-1-314, transfers to the General Fund Budget Reserve Account under
606
Section 63J-1-312, or earmarks and transfers to more than one of those accounts, in that
- 18 - 02-03 08:58 1st Sub. (Buff) H.B. 307
607
order, does not eliminate the operating deficit, the Division of Finance may reduce the
608
transfer to the Medicaid Growth Reduction and Budget Stabilization Account by the
609
amount necessary to eliminate the operating deficit.
610
(8) The Legislature may appropriate money from the Medicaid Growth Reduction and
611
Budget Stabilization Account only:
612
(a) for the Medicaid program; and
613
(b)(i) if Medicaid program expenditures for the fiscal year for which the
614
appropriation is made are estimated to be 108% or more of Medicaid program
615
expenditures for the previous year; or
616
(ii) if the amount of the appropriation is equal to or less than the balance in the
617
Medicaid Growth Reduction and Budget Stabilization Account that comprises
618
deposits described in Subsections (3)(a)(ii) through (v) and appropriations
619
described in Subsection (3)(b).
620
(9) The Division of Finance shall deposit interest or other earnings derived from investment
621
of Medicaid Growth Reduction and Budget Stabilization Account money into the
622
General Fund.
623
Section 6. Section 63J-3-103 is amended to read:
624
63J-3-103 . Definitions.
625
As used in this chapter:
626
(1)(a) "Appropriations" means actual unrestricted capital and operating appropriations
627
from unrestricted General Fund and Income Tax Fund sources.
628
(b) "Appropriations" includes appropriations that are contingent upon available
629
surpluses in the General Fund and Income Tax Fund.
630
(c) "Appropriations" does not mean:
631
(i) public education expenditures;
632
(ii) Utah Education and Telehealth Network expenditures in support of public
633
education;
634
(iii) Utah Board of Higher Education expenditures in support of public education;
635
(iv) State Tax Commission expenditures related to collection of income taxes in
636
support of public education;
637
(v) debt service expenditures;
638
(vi) emergency expenditures;
639
(vii) expenditures from all other fund or subfund sources;
640
(viii) transfers or appropriations from the Income Tax Fund to the Uniform School
- 19 - 1st Sub. (Buff) H.B. 307 02-03 08:58
641
Fund;
642
(ix) transfers into, or appropriations made to, the General Fund Budget Reserve
643
Account established in Section 63J-1-312;
644
(x) transfers into, or appropriations made to, the Income Tax Fund Budget Reserve
645
Account established in Section 63J-1-313;
646
(xi) transfers in accordance with Section 63J-1-314 into, or appropriations made to [
647
the Wildland Fire Suppression Fund created in Section 65A-8-204, the
648
Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund created
649
in Section 65A-8-215,] the Utah Wildfire Fund created in Section 65A-8-216 or
650
the State Disaster Recovery Restricted Account created in Section 53-2a-603;
651
(xii) money appropriated to fund the total one-time project costs for the construction
652
of capital development projects as defined in Section 63A-5b-401;
653
(xiii) transfers or deposits into or appropriations made to the Centennial Highway
654
Fund created by Section 72-2-118;
655
(xiv) transfers or deposits into or appropriations made to the Transportation
656
Investment Fund of 2005 created by Section 72-2-124;
657
(xv) transfers or deposits into or appropriations made to:
658
(A) the Department of Transportation from any source; or
659
(B) any transportation-related account or fund from any source; or
660
(xvi) supplemental appropriations from the General Fund to the Division of Forestry,
661
Fire, and State Lands to provide money for wildland fire control expenses
662
incurred during the current or previous fire years.
663
(2) "Base year real per capita appropriations" means the result obtained for the state by
664
dividing the fiscal year 1985 actual appropriations of the state less debt money by:
665
(a) the state's July 1, 1983 population; and
666
(b) the fiscal year 1983 inflation index divided by 100.
667
(3) "Calendar year" means the time period beginning on January 1 of any given year and
668
ending on December 31 of the same year.
669
(4) "Fiscal emergency" means an extraordinary occurrence requiring immediate
670
expenditures and includes the settlement under Laws of Utah 1988, Fourth Special
671
Session, Chapter 4.
672
(5) "Fiscal year" means the time period beginning on July 1 of any given year and ending
673
on June 30 of the subsequent year.
674
(6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual capital
- 20 - 02-03 08:58 1st Sub. (Buff) H.B. 307
675
and operations appropriations from General Fund and non-Uniform School Fund income
676
tax revenue sources, less debt money.
677
(7) "Inflation index" means the change in the general price level of goods and services as
678
measured by the Gross National Product Implicit Price Deflator of the Bureau of
679
Economic Analysis, U.S. Department of Commerce calculated as provided in Section
680
63J-3-202.
681
(8)(a) "Maximum allowable appropriations limit" means the appropriations that could
682
be, or could have been, spent in any given year under the limitations of this chapter.
683
(b) "Maximum allowable appropriations limit" does not mean actual appropriations
684
spent or actual expenditures.
685
(9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two
686
fiscal years previous to the fiscal year for which the maximum allowable inflation and
687
population appropriations limit is being computed under this chapter.
688
(10) "Most recent fiscal year's population" means the fiscal year population two fiscal years
689
previous to the fiscal year for which the maximum allowable inflation and population
690
appropriations limit is being computed under this chapter.
691
(11) "Population" means the number of residents of the state as of July 1 of each year as
692
calculated by the Governor's Office of Planning and Budget according to the procedures
693
and requirements of Section 63J-3-202.
694
(12) "Revenues" means the revenues of the state from every tax, penalty, receipt, and other
695
monetary exaction and interest connected with it that are recorded as unrestricted
696
revenue of the General Fund and from non-Uniform School Fund income tax revenues,
697
except as specifically exempted by this chapter.
698
(13) "Security" means any bond, note, warrant, or other evidence of indebtedness, whether
699
or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an
700
"indebtedness" within the meaning of any provision of the constitution or laws of this
701
state.
702
Section 7. Section 63N-3-106 is amended to read:
703
63N-3-106 . Structure of loans, grants, and assistance -- Repayment -- Earned
704
credits.
705
(1)(a) Subject to Subsection (1)(b), the administrator has authority to determine the
706
structure, amount, and nature of any loan, grant, or other financial assistance from the
707
restricted account.
708
(b) Loans made under this part shall be structured so the intended repayment or return to
- 21 - 1st Sub. (Buff) H.B. 307 02-03 08:58
709
the state, including cash or credit, equals at least the amount of the assistance
710
together with an annual interest charge as negotiated by the administrator.
711
(c) Payments resulting from grants awarded from the restricted account shall be made
712
only after the administrator has determined that the company has satisfied the
713
conditions upon which the payment or earned credit was based.
714
(2)(a) The administrator may provide for a system of earned credits that may be used to
715
support grant payments or in lieu of cash repayment of a restricted account loan
716
obligation.
717
(b) The value of the credits described in Subsection (2)(a) shall be based on factors
718
determined by the administrator, including:
719
(i) the number of Utah jobs created;
720
(ii) the increased economic activity in Utah; or
721
(iii) other events and activities that occur as a result of the restricted account
722
assistance.
723
(3)(a) A cash loan repayment or other cash recovery from a company receiving
724
assistance under this section, including interest, shall be deposited into the restricted
725
account.
726
(b) The administrator and the Division of Finance shall determine the manner of
727
recognizing and accounting for the earned credits used in lieu of loan repayments or
728
to support grant payments as provided in Subsection (2).
729
(4)(a)(i) At the end of each fiscal year, the Division of Finance shall transfer the
730
balance of the General Fund revenue surplus as defined in Section 63J-1-312 after
731
the transfers of General Fund revenue surplus described in Subsection (4)(b) to the
732
Industrial Assistance Account in an amount equal to any credit that has accrued
733
under this part.
734
(ii) The transfer under Subsection (4)(a)(i) is capped at $50,000,000and the Division
735
of Finance shall deposit any interest accrued above the $50,000,000 cap into the
736
General Fund.
737
(b) The Division of Finance shall make the transfer required by Subsection (4)(a) after
738
the Division of Finance transfers the General Fund revenue [surplusto] surplus to:
739
(i) the Medicaid Growth Reduction and Budget Stabilization Restricted Account, as
740
provided in Section 63J-1-315;
741
(ii) the General Fund Budget Reserve Account, as provided in Section 63J-1-312; and
742
(iii) as provided in Section 63J-1-314:
- 22 - 02-03 08:58 1st Sub. (Buff) H.B. 307
743
(A) the [Wildland Fire Suppression Fund or the Wildland-urban Interface
744
Prevention, Preparedness, and Mitigation Fund] Utah Wildfire Fund; and
745
(B) the State Disaster Recovery Restricted Account.
746
(c) These credit amounts may not be used for purposes of the restricted account as
747
provided in this part until appropriated by the Legislature.
748
Section 8. Section 65A-1-1 is amended to read:
749
65A-1-1 . Definitions.
750
As used in this title:
751
(1) "Division" means the Division of Forestry, Fire, and State Lands.
752
(2) "Division of Law Enforcement" means the division within the Department of Natural
753
Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement.
754
(3) "Fire service provider" means a public or private entity that fulfills the duties of
755
Subsection 11-7-1(1).
756
[(3)] (4) "Initial attack" means action taken by the first resource to arrive at a wildland fire
757
incident, including evaluating the wildland fire, patrolling, monitoring, holding action,
758
or aggressive suppression action.
759
[(4)] (5) "Multiple use" means the management of various surface and subsurface resources
760
in a manner that will best meet the present and future needs of the people of this state.
761
[(5)] (6) "Municipality" means a city or town.
762
[(6)] (7) "Public trust assets" means those lands and resources, including sovereign lands,
763
administered by the division.
764
[(7)] (8) "Sovereign lands" means those lands lying below the ordinary high water mark of
765
navigable bodies of water at the date of statehood and owned by the state by virtue of its
766
sovereignty.
767
[(8)] (9) "State lands" means all lands administered by the division.
768
[(9)] (10) "Sustained yield" means the achievement and maintenance of high level annual or
769
periodic output of the various renewable resources of land without impairment of the
770
productivity of the land.
771
[(10)] (11) "Wildland" means an area where:
772
(a) development is essentially non-existent, except for roads, railroads, powerlines, or
773
similar transportation facilities; and
774
(b) structures, if any, are widely scattered.
775
[(11)] (12) "Wildland fire" means a fire that consumes:
776
(a) wildland; or
- 23 - 1st Sub. (Buff) H.B. 307 02-03 08:58
777
(b) wildland-urban interface[, as defined in Section 65A-8a-102].
778
(13) "Wildland-urban interface" means the zone where structures and other human
779
development meets, or intermingles with, undeveloped wildland.
780
Section 9. Section 65A-8-203 is amended to read:
781
65A-8-203 . Cooperative fire protection agreements.
782
(1) As used in this section:
783
(a) "Agreement entity" means a county or municipality that is an eligible entity.
784
(b) "Eligible entity" means:
785
(i) a county, a municipality, or a special service district, special district, or service
786
area with:
787
(A) wildland fire suppression responsibility as described in Section 11-7-1; and
788
(B) wildland fire suppression cost responsibility and taxing authority for a specific
789
geographic jurisdiction; or
790
(ii) upon approval by the director, a political subdivision established by a county,
791
municipality, special service district, special district, or service area that is
792
responsible for:
793
(A) providing wildland fire suppression services; and
794
(B) paying for the cost of wildland fire suppression services.
795
[(b) "Fire service provider" means a public or private entity that fulfills the duties of
796
Subsection 11-7-1(1).]
797
(2)(a) The governing body of [any eligible] an agreement entity may enter into a
798
cooperative agreement with the division to receive financial and wildfire
799
management cooperation and assistance from the division, as described in this part.
800
(b) A cooperative agreement shall last for a term of no more than five years and be
801
renewable if the [eligible] agreement entity continues to meet the requirements of this
802
chapter.
803
(3)(a) The state shall assume an [eligible] agreement entity's cost of suppressing
804
catastrophic wildfire as defined in the cooperative agreement if the [eligible]
805
agreement entity has entered into, and is in full compliance with, a cooperative
806
agreement with the division, as described in this section.
807
(b) A county or municipality that is not covered by a cooperative agreement with the
808
division, as described in this section, shall be responsible for wildland fire costs
809
within the county or municipality's jurisdiction, as described in Section 65A-8-203.2.
810
(4) To enter into a cooperative agreement with the division, [the eligible entity] an
- 24 - 02-03 08:58 1st Sub. (Buff) H.B. 307
811
agreement entity shall:
812
(a) if the [eligible] agreement entity is a county, adopt and enforce on unincorporated
813
land a wildland fire ordinance based upon minimum standards established by the
814
division or Uniform Building Code Commission;
815
(b) require that the fire department or equivalent fire service provider under contract
816
with, or delegated by, the [eligible] agreement entity on unincorporated land meet
817
minimum standards for wildland fire training, certification, and suppression
818
equipment based upon nationally accepted standards as specified by the division;
819
(c) invest in prevention, preparedness, and mitigation efforts, as agreed to with the
820
division, that will reduce the [eligible] agreement entity's risk of catastrophic wildfire;
821
(d)(i) file with the division an annual accounting of wildfire prevention,
822
preparedness, mitigation actions, and associated costs;
823
(ii) meet the [eligibility] agreement entity's participation commitment by making
824
direct payments to the division; or
825
(iii) do a combination of Subsections (4)(d)(i) and (ii);
826
(e) return the financial statement described in Subsection (6), signed by the chief
827
executive of the [eligible] agreement entity, to the division on or before the date set by
828
the division; and
829
(f) if the [eligible] agreement entity is a county, have a designated fire warden as
830
described in Section 65A-8-209.1.
831
(5)(a) The state forester may execute a cooperative agreement with [the eligible] an
832
agreement entity.
833
(b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
834
Administrative Rulemaking Act, governing the:
835
(i) cooperative agreements described in this section;
836
(ii) manner in which an [eligible] agreement entity shall provide proof of compliance
837
with Subsection (4);
838
(iii) manner by which the division may revoke a cooperative agreement if an [eligible]
839
agreement entity ceases to meet the requirements described in this section;
840
(iv) accounting system for determining suppression costs;
841
(v) manner in which the division shall determine the [eligible] agreement entity's
842
participation commitment; and
843
(vi) manner in which an [eligible] agreement entity may appeal a division
844
determination of participation commitment.
- 25 - 1st Sub. (Buff) H.B. 307 02-03 08:58
845
(6)(a) The division shall send a financial statement to each [eligible] agreement entity
846
participating in a cooperative agreement that details the [eligible] agreement entity's
847
participation commitment for the coming fiscal year, including the prevention,
848
preparedness, and mitigation actions agreed to under Subsection (4)(c).
849
(b) [Each eligible] An agreement entity participating in a cooperative agreement shall:
850
(i) have the chief executive of the [eligible] agreement entity sign the financial
851
statement, or the legislative body of the [eligible] agreement entity approve the
852
financial statement by resolution, confirming the [eligible] agreement entity's
853
participation for the upcoming year; and
854
(ii) return the financial statement to the division, on or before a date set by the
855
division.
856
(c) A financial statement shall be effective for one calendar year, beginning on the date
857
set by the division, as described in Subsection (6)(b).
858
(7)(a) An [eligible] agreement entity may revoke a cooperative agreement before the end
859
of the cooperative agreement's term by:
860
(i) informing the division, in writing, of the [eligible] agreement entity's intention to
861
revoke the cooperative agreement; or
862
(ii) failing to sign and return its annual financial statement, as described in
863
Subsection (6)(b), unless the director grants an extension.
864
(b) An [eligible] agreement entity may not revoke a cooperative agreement before the
865
end of the term of a signed annual financial statement, as described in Subsection
866
(6)(c).
867
(8)(a) The division shall develop and maintain a wildfire risk assessment mapping tool
868
that is online and publicly accessible.
869
(b)[(i)] The division shall analyze adding an additional high-risk category within the
870
wildfire risk assessment mapping tool described in Subsection (8)(a):
871
[(A)] (i) using a scientific assessment; and
872
[(B)] (ii) that is focused on the risk to dwellings within the wildland-urban interface
873
area.
874
[(ii) The division shall report the results of the division's analysis under this
875
Subsection (8)(b) to the Natural Resources, Agriculture, and Environment Interim
876
Committee by no later than the 2024 November interim meeting of that committee.]
877
(c) With regard to the categories used within the wildfire risk assessment mapping tool
878
described in Subsection (8)(a), the division may adjust the assessment for
- 26 - 02-03 08:58 1st Sub. (Buff) H.B. 307
879
participation commitments if the adjustment is based on the Consumer Price Index
880
for All Urban Consumers as published by the Bureau of Labor Statistics of the
881
United States Department of Labor, in accordance with a formula established by the
882
division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
883
Rulemaking Act.
884
(9)(a) The division may by rule, made in accordance with Title 63G, Chapter 3, Utah
885
Administrative Rulemaking Act, establish criteria for community wildfire
886
preparedness plans addressing wildland-urban interface. The criteria shall require
887
action that is:
888
(i) qualitative and quantitative; and
889
(ii) leads to reduced wildfire risk.
890
(b) An eligible entity shall agree to implement prevention, preparedness, and mitigation
891
actions identified in a community wildfire preparedness plan addressing
892
wildland-urban interface that is approved by the division.
893
Section 10. Section 65A-8-203.1 is amended to read:
894
65A-8-203.1 . Delegation of fire management authority.
895
(1) As used in this section, "delegation of fire management authority" means the acceptance
896
by the division of responsibility for:
897
(a) managing a wildfire; and
898
(b) [the cost of fire suppression, as described in Section 65A-8-203] wildfire costs and
899
wildfire prevention costs as defined in Section 65A-8-216.
900
(2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
901
Administrative Rulemaking Act, governing the process for delegation of fire
902
management authority.
903
(3) Upon delegation of fire management authority, the division and its named designee
904
becomes the primary incident commander.
905
(4) The division may take action to recover costs described in Subsection (1)(b) upon
906
delegation of fire management authority.
907
Section 11. Section 65A-8-209 is amended to read:
908
65A-8-209 . Responsibilities of county sheriffs and fire wardens in controlling
909
fires.
910
(1) In a county that has not entered into a cooperative agreement as described in Section
911
65A-8-203, the county sheriff shall take appropriate action to suppress wildfires on state
912
or private lands.
- 27 - 1st Sub. (Buff) H.B. 307 02-03 08:58
913
(2) In all cases the county sheriff shall:
914
(a) report, as prescribed by the state forester, on wildland fire control action;
915
(b) investigate and report wildfire causes; and
916
(c) enforce [the provisions of ]this chapter either independently or in cooperation with
917
the state forester.
918
(3) In an [eligible] agreement entity that has entered into a cooperative agreement, as
919
described in Section 65A-8-203, the primary responsibility for wildfire management is
920
the division, upon the delegation of fire management authority, as described in Section
921
65A-8-203.1.
922
(4) The county sheriff and the county sheriff's organization shall maintain cooperative
923
support of the fire management organization.
924
Section 12. Section 65A-8-216 is enacted to read:
925
65A-8-216 . Utah Wildfire Fund.
926
(1) As used in this section:
927
(a) "Agreement entity" means the same as that term is defined in Section 65A-8-203.
928
(b) "Eligible entity" means the same as that term is defined in Section 65A-8-203.
929
(c) "Fund" means the Utah Wildfire Fund created by this section.
930
(d) "Wildfire" means a fire that consumes:
931
(i) wildland; or
932
(ii) wildland-urban interface.
933
(e) "Wildfire costs" means costs associated with the suppression of a wildfire or
934
rehabilitation efforts after a wildfire is suppressed as further defined by the division
935
by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
936
Rulemaking Act, including costs for an agreement entity that has entered into a
937
cooperative agreement, as described in Section 65A-8-203.
938
(f) "Wildfire prevention costs" means costs for prevention, preparedness, or mitigation
939
efforts before a wildfire, as defined by the division by rule made in accordance with
940
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including costs of an
941
agreement entity that has entered into a cooperative agreement, as described in
942
Section 65A-8-203.
943
(2)(a) There is created a restricted account within the General Fund known as the "Utah
944
Wildfire Fund."
945
(b) The fund shall consist of:
946
(i) interest and earnings from the investment of fund money;
- 28 - 02-03 08:58 1st Sub. (Buff) H.B. 307
947
(ii) money appropriated by the Legislature to the fund;
948
(iii) federal funds received by the division for wildfire management costs, as defined
949
by the division by rule made in accordance with Title 63G, Chapter 3, Utah
950
Administrative Rulemaking Act;
951
(iv) suppression costs billed to an eligible entity that does not participate in a
952
cooperative agreement;
953
(v) suppression costs paid to the division by another state agency;
954
(vi) costs recovered from a settlement or a civil or administrative action related to
955
wildfire suppression;
956
(vii) restitution payments ordered by a court following a criminal adjudication;
957
(viii) voluntary contributions received by the division;
958
(ix) money received as direct payment from cooperative wildfire system participation
959
commitments;
960
(x) money deposited by the Division of Finance, pursuant to Section 59-21-2; and
961
(xi) money transferred by the Division of Finance, pursuant to Section 63J-1-314.
962
(c) The state treasurer shall:
963
(i) invest the money in the fund in accordance with Title 51, Chapter 7, State Money
964
Management Act; and
965
(ii) deposit interest or other earnings derived from each investment described in
966
Subsection (2)(c)(i) into the fund.
967
(3)(a) Subject to appropriation, the division shall administer the fund to:
968
(i) pay wildfire costs on:
969
(A) state lands; or
970
(B) if delegated fire management authority, as described in Section 65A-8-203.1,
971
private land located in an unincorporated area;
972
(ii) subject to Subsection (4), make one or more grants from money appropriated
973
from the fund for the purpose of assisting one or more local fire departments or
974
volunteer fire departments in building capacity for the suppression of wildfire; and
975
(iii) subject to Subsection (5), pay wildfire prevention costs.
976
(b) The division may disburse money from the fund only upon written order of the state
977
forester or the state forester's authorized representative.
978
(c) If the state forester determines money in the fund may be insufficient to cover
979
eligible costs in a fire season, the state forester may:
980
(i) delay making disbursements from the fund until the close of the fire season; and
- 29 - 1st Sub. (Buff) H.B. 307 02-03 08:58
981
(ii) request supplemental appropriations from the Legislature.
982
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
983
division shall make rules to administer the fund consistent with the requirements of
984
this section.
985
(4)(a) The division may not issue in a fiscal year an aggregate of grants described in
986
Subsection (3)(a)(ii) that exceed $200,000.
987
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
988
division shall make rules establishing criteria for receiving a grant under Subsection
989
(3)(a)(ii).
990
(5)(a) Except as provided in Subsection (5)(b), the division shall pay wildfire
991
prevention costs during that fiscal year in an amount that is the greater of:
992
(i) $10,000,000; or
993
(ii) the sum of:
994
(A) $3,000,000; and
995
(B) 10% of the money deposited into the fund but not expended in the previous
996
fiscal year for wildfire costs.
997
(b) In a case of catastrophic need, as determined by the state forester, the division may
998
use money described in Subsection (5)(a) to pay wildfire costs.
999
(6) Beginning with the fiscal year ending June 30, 2026, the division shall, by no later than
1000
the October 31 immediately following the fiscal year, annually report to the Natural
1001
Resources, Agriculture, and Environmental Quality Appropriations Subcommittee:
1002
(a) the balance in the fund at the end of the fiscal year;
1003
(b) the amount of expenditures under Subsections (3)(a)(i), (ii), and (iii) during the fiscal
1004
year; and
1005
(c) the revenues deposited into the fund under Subsection (2) during the fiscal year.
1006
Section 13. Section 65A-8a-102 is amended to read:
1007
65A-8a-102 . Definitions.
1008
As used in this chapter:
1009
(1) "Commercial tree species" means:
1010
(a) Abies concolor (white fir);
1011
(b) Abies lasiocarpa (subalpine fir);
1012
(c) Juniperus osteosperma (Utah juniper);
1013
(d) Juniperus scopulorum (Rocky Mountain juniper);
1014
(e) Picea engelmannii (Engelmann spruce);
- 30 - 02-03 08:58 1st Sub. (Buff) H.B. 307
1015
(f) Picea pungens (blue spruce);
1016
(g) Pinus contorta (lodgepole pine);
1017
(h) Pinus edulis (piñon pine);
1018
(i) Pinus flexilis (limber pine);
1019
(j) Pinus longaeva (bristlecone pine);
1020
(k) Pinus monophylla (singleleaf piñon);
1021
(l) Pinus ponderosa (ponderosa pine);
1022
(m) Populous tremuloides (quaking aspen);
1023
(n) Pseudotsuga menziesii (Douglas fir); or
1024
(o) Quercus gambelii (gambel oak).
1025
(2)(a) "Forest practice" means, except as provided in Subsection (2)(b):
1026
(i) the harvesting of commercial tree species;
1027
(ii) new road construction associated with harvesting or accessing trees;
1028
(iii) site preparation for regeneration of a timber stand;
1029
(iv) reforestation; or
1030
(v) the management of logging slash.
1031
(b) "Forest practice" does not include:
1032
(i) the operation of a nursery or Christmas tree farm;
1033
(ii) the harvest of Christmas trees;
1034
(iii) the harvest of trees for the noncommercial, personal use by the owner of forested
1035
land from which the trees are harvested;
1036
(iv) a harvesting operation encompassing fewer than five contiguous acres of forested
1037
land;
1038
(v) clearing land for defensible space in a wildland-urban interface; or
1039
(vi) fuel reduction for a wildland-urban interface or hazardous fuel reduction project.
1040
(3) "Forested land" means land, except land owned by the federal government or located
1041
within an incorporated city, growing commercial tree species that are, or could be at
1042
maturity, capable of furnishing raw material used in the manufacture of lumber or other
1043
forest products.
1044
(4) "Forest Water Quality Guidelines" means the field-applicable practice guidelines
1045
adopted by the division for use during forestry activities to protect water quality and
1046
contained within a nonpoint source management plan.
1047
(5) "Landowner" means a person who holds an ownership interest in forested land.
1048
(6) "Operator" means a person who:
- 31 - 1st Sub. (Buff) H.B. 307 02-03 08:58
1049
(a) is responsible for conducting forest practices; or
1050
(b) through a contractual agreement with the landowner, is obligated to or entitled to
1051
conduct forest practices or to carry out a timber sale.
1052
[(7) "Wildland-urban interface" means the zone where structures and other human
1053
development meets, or intermingles with, undeveloped wildland.]
1054
Section 14. Repealer.
1055
This bill repeals:
1056
Section 65A-8-204, Wildland Fire Suppression Fund created.
1057
Section 65A-8-206, Disbursements from the Wildland Fire Suppression Fund.
1058
Section 65A-8-207, Division to administer Wildland Fire Suppression Fund --
1059
Rulemaking -- Procedures.
1060
Section 65A-8-213, Creation of the Wildland Fire Preparedness Grants Fund --
1061
Awarding of grants -- Rulemaking.
1062
Section 65A-8-215, Wildland-urban interface fire prevention, preparedness, and
1063
mitigation.
1064
Section 15. FY 2026 Appropriations.
1065
The following sums of money are appropriated for the fiscal year beginning July 1,
1066
2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
1067
fiscal year 2026.
1068
Subsection 15(a). Restricted Fund and Account Transfers
1069
The Legislature authorizes the State Division of Finance to transfer the following
1070
amounts between the following funds or accounts as indicated. Expenditures and outlays from
1071
the funds to which the money is transferred must be authorized by an appropriation.
1072
ITEM 1 To Department of Natural Resources - Utah Wildfire Fund
1073
From Wildland-urban Interface Prevention,
1074
Preparedness, and Mitigation Fund, One-time 3,549,800
1075
From Wildland Fire Preparedness Grants Fund, One-time 140,200
1076
From Wildland Fire Suppression Fund, One-time 146,332,500
1077
Schedule of Programs:
1078
Utah Wildfire Fund 150,022,500
1079
The Legislature intends that the Division of
1080
Finance, after completing the appropriation in this
1081
section, transfer any remaining balances in the Wildland
1082
Fire Suppression Fund, Wildland Fire Preparedness
- 32 - 02-03 08:58 1st Sub. (Buff) H.B. 307
1083
Grants Fund, and the Wildland-urban Prevention,
1084
Preparedness, and Mitigation Fund into the Utah Wildfire
1085
Fund.
1086
Section 16. Effective Date.
1087
This bill takes effect on July 1, 2025.
- 33 -