Affected by 63I-2-265 on 7/1/2023
Effective 5/4/2022
65A-8-214. Wildfire prevention and preparedness program — Study.
- (1) As used in this section:
- (a) “Defensible space” means the area adjacent to a structure where wildfire preparedness actions are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas.
- (b) “Qualifying property” means real property that the division determines, by using the mapping tool maintained under Subsection 65A-8-203(8), is at high risk for wildfire.
- (c) “Wildfire preparedness action” means one or more acts engaged in by a person or contracted for by a person that reduce the risk of wildfire on the person’s qualifying property.
- (2)
- (a) The division shall study the creation of a wildfire prevention and preparedness program. As part of this study the division may evaluate different options to administer the wildfire prevention and preparedness program, including a prevention and preparedness fee imposed on qualifying property.
- (b) The study required by this Subsection (2) shall include recommendations on:
- (i) how the division may determine qualifying property, wildfire preparedness action, and defensible space;
- (ii) how the amount of a prevention and preparedness fee is to be calculated;
- (iii) how often a person would be required to pay a prevention and preparedness fee;
- (iv) whether to provide for a follow up reassessment schedule for administration of the wildfire prevention and preparedness program;
- (v) how to collect a prevention and preparedness fee; and
- (vi) how the division shall administer the revenue from a prevention and preparedness fee.
- (c) The division may work with other state agencies, including the State Tax Commission, to determine recommendations on the collection method to be used to collect a prevention and preparedness fee.
- (3)
- (a) By no later than the 2022 November interim meeting, the division shall report the division’s findings of the study required by Subsection (2) to the Natural Resources, Agriculture, and Environment Interim Committee.
- (b) After receiving the report required under Subsection (3)(a), the Natural Resources, Agriculture, and Environment Interim Committee may prepare legislation that the Legislature may consider to implement a wildfire prevention and preparedness program.
Enacted by Chapter 219, 2022 General Session