Forestry and Fire Amendments

32
65A-3-3
65A-8-217
65A-8-308
0
Forestry and Fire Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Troy Shelley
Senate Sponsor: Derrin R. Owens
LONG TITLE
General Description:
This bill addresses forestry and fire related issues.
Highlighted Provisions:
This bill:
provides for the Division of Forestry, Fire, and State Lands enforcement and investigatory
powers related to wildland fires and heritage trees;
addresses use of money related to cooperative agreements for forest management; and
makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
65A-3-3
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
65A-8-217
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
65A-8-308
, as last amended by Laws of Utah 2024, Chapter 80
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
65A-3-3
is amended to read:
65A-3-3
. Enforcement of laws -- City, county, or district attorney to prosecute.
(1)
It is the duty of the Division of Law Enforcement, county sheriffs, county sheriff
deputies, peace officers,
and
other law enforcement officers within the law
enforcement jurisdiction
, and the division
to enforce the provisions of this chapter and to
investigate and gather evidence that may indicate a violation under this chapter.
(2)
(a)
The city attorney, county attorney, or district attorney, as appropriate under
Sections
10-3-928
,
17-68-302
, and
17-68-303
, shall prosecute any criminal violations
of this chapter.
(b)
The counsel for an eligible entity, as defined in Section
65A-8-203
, shall initiate a
civil action to recover suppression costs incurred by the eligible entity for
suppression of fire on private land.
Section 2. Section
65A-8-217
is amended to read:
65A-8-217
. Utah Wildfire Fund.
(1)
As used in this section:
(a)
"Cooperative agreement for forest management" means an instrument used when a
state agency agrees to substantial involvement with other government agencies
during the performance of a project related to forest management that may include:
(i)
the transfer or match of money to carry out a public purpose; and
(ii)
close collaboration through joint operational, technical, or scientific involvement.
(b)
"Eligible entity" means the same as that term is defined in Section
65A-8-203
.
(b)
(c)
"Fund" means the Utah Wildfire Fund created by this section.
(c)
(d)
"Wildfire" means a fire that consumes:
(i)
wildland; or
(ii)
wildland urban interface.
(d)
(e)
"Wildfire costs" means costs associated with the suppression of a wildfire or
rehabilitation efforts after a wildfire is suppressed as further defined by the division
by rule, made in accordance with Title
63G, Chapter 3
, Utah Administrative
Rulemaking Act, including costs for an eligible entity that has entered into a
cooperative agreement, as described in Section
65A-8-203
.
(e)
(f)
"Wildfire prevention costs" means costs for prevention, preparedness, or
mitigation efforts before a wildfire, as defined by the division by rule made in
accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act,
including costs of an eligible entity that has entered into a cooperative agreement, as
described in Section
65A-8-203
.
(2)
(a)
There is created an expendable special revenue fund known as the "Utah Wildfire
Fund."
(b)
The fund shall consist of:
(i)
interest and earnings from the investment of fund money;
(ii)
money appropriated by the Legislature to the fund;
(iii)
federal funds received by the division for wildfire management costs, as defined
by the division by rule made in accordance with Title
63G, Chapter 3
, Utah
Administrative Rulemaking Act;
(iv)
suppression costs billed to an eligible entity that does not participate in a
cooperative agreement;
(v)
suppression costs paid to the division by another state agency;
(vi)
costs recovered from a settlement or a civil or administrative action related to
wildfire suppression;
(vii)
restitution payments ordered by a court following a criminal adjudication;
(viii)
voluntary contributions received by the division;
(ix)
money received as direct payment from cooperative wildfire system participation
commitments;
(x)
money deposited by the Division of Finance,
pursuant to
in accordance with
Section
59-21-2
;
(xi)
money transferred by the Division of Finance,
pursuant to
in accordance with

Section
63J-1-314
; and
(xii)
money deposited by the Division of Forestry, Fire, and State Lands,
pursuant to
in accordance with
Section
17E-7-401
.
(c)
The state treasurer shall:
(i)
invest the money in the fund in accordance with Title
51, Chapter 7
, State Money
Management Act; and
(ii)
deposit interest or other earnings derived from each investment described in
Subsection
(2)(c)(i)
into the fund.
(3)
(a)
The division shall administer the fund to:
(i)
pay wildfire costs on:
(A)
state lands; or
(B)
if delegated fire management authority, as described in Section
65A-8-203.1
,
private land located in an unincorporated area;
(ii)
subject to Subsection
(4)
,
make
issue
one or more grants for the purpose of
assisting one or more local fire departments or volunteer fire departments in
building capacity for the suppression of wildfire;
and
(iii)
subject to Subsection
(5)
, pay wildfire prevention costs
.
; and
(iv)
subject to Subsection
(6)
, pay costs incurred by the state under a cooperative
agreement for forest management.
(b)
The division may disburse money from the fund only upon written order of the state
forester or the state forester's authorized representative.
(c)
If the state forester determines money in the fund may be insufficient to cover
eligible costs in a fire season, the state forester may:
(i)
delay making disbursements from the fund until the close of the fire season; and
(ii)
request supplemental appropriations from the Legislature.
(d)
In accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act, the
division shall make rules to administer the fund consistent with the requirements of
this section.
(4)
(a)
The division may not issue in a fiscal year an aggregate of grants described in
Subsection
(3)(a)(ii)
that exceed $300,000.
(b)
In accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act, the
division shall make rules establishing criteria for receiving a grant under Subsection
(3)(a)(ii)
.
(5)
(a)
Except as provided in Subsection
(5)(b)
, the division shall pay wildfire
prevention costs during that fiscal year in an amount that is the greater of:
(i)
$10,000,000; or
(ii)
the sum of:
(A)
$3,000,000; and
(B)
10% of the money deposited into the fund but not expended in the previous
fiscal year for wildfire costs.
(b)
In a case of catastrophic need, as determined by the state forester, the division may
use money described in Subsection
(5)(a)
to pay wildfire costs.
(6)
The division may expend money under Subsection
(3)(a)(iv)
to fund rehabilitation after
a wildfire:
(a)
on federal land; and
(b)
if the state forester determines that the post-fire rehabilitation on the federal land
directly benefits state and private lands.
(6)
(7)
Beginning with the fiscal year ending June 30, 2026, the division shall, by no later
than the October 31 immediately following the fiscal year, annually report to the Natural
Resources, Agriculture, and Environmental Quality Appropriations Subcommittee:
(a)
the balance in the fund at the end of the fiscal year;
(b)
the amount of expenditures under Subsections
(3)(a)(i)
, (ii),
and
(iii)
, and (iv)

during the fiscal year; and
(c)
the revenues deposited into the fund under Subsection
(2)
during the fiscal year.
Section 3. Section
65A-8-308
is amended to read:
65A-8-308
. Enforcement -- Prosecution of violations.
(1)
The Division of Law Enforcement, county sheriffs, police,
and
other law enforcement
officers within their respective jurisdictions
, and the division
are responsible for the
enforcement of this part.
(2)
The county attorney or district attorney shall prosecute any violation of this part.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-6-26 1:29 PM