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Senate Engrossed |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SENATE BILL 1189 |
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AN ACT
Amending sections 37‑621 and 37‑622, Arizona Revised Statutes; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41‑3024.09; relating to forestry and fire management.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Heading change
The article heading of title 37, chapter 2.1, article 1, Arizona Revised Statutes, is changed from "STATE FORESTER" to "ARIZONA DEPARTMENT OF FORESTRY AND FIRE MANAGEMENT".
Sec. 2. Section 37-621, Arizona Revised Statutes, is amended to read:
37-621. Arizona department of forestry and fire management; state forester; appointment; qualifications
A. The Arizona department of forestry and fire management is established to provide resources for land management and the prevention and suppression of wildland fires on state land and on private property located outside of cities and towns.
A. B. The governor shall appoint a state forester pursuant to section 38‑211. The state forester serves at the pleasure of the governor. the state forester is responsible for the direction, operation and control of the arizona department of forestry and fire management.
B. C. The qualifications of the state forester shall be either of the following:
1. Graduation from a full four‑year college course with a bachelor's degree, with a major in forestry including five years of technical experience in the forestry‑land management field.
2. Ten years of successful and progressive technical experience in forestry and land management activities of such a nature as to enable the applicant to perform his the duties of the state forester successfully at the professional level.
Sec. 3. Section 37-622, Arizona Revised Statutes, is amended to read:
37-622. Powers and duties of state forester; rules; legislative presentation; acceptance of federal law
A. The state forester is designated as the agent of the state of Arizona and shall administer the provisions of this chapter. In addition, The state forester shall:
1. Exercise and perform all powers and duties vested in or imposed on the arizona department of forestry and fire management.
2. Adopt rules necessary to discharge the powers and duties of the arizona department of forestry and fire management, including rules that create efficiencies, protect the public health and safety and prescribe budgetary obligations.
3. Subject to title 41, chapter 4, article 4, Employ, determine the terms and conditions of employment of and prescribe the duties and powers of administrative, professional, technical, secretarial, clerical and other persons as may be necessary in the performance of the arizona department of forestry and fire management's duties. The compensation of department employees shall be as determined pursuant to section 38‑611.
4. Contract for the services of outside advisors, consultants and aides as may be reasonably necessary.
1. 5. Perform all management and administrative functions assigned or delegated to this state by the United States relating to forestry and financial assistance and grants relating to forestry.
2. 6. Identify sources of information relating to forest management, including wildfire suppression and recovery and administrative and judicial appeals and litigation with respect to timber sales and forest thinning projects in this state, and develop procedures for compiling and transferring that information to the state forester.
3. 7. Take necessary action to maximize state fire assistance grants, including establishing timelines for using grant monies and reallocating lapsed grant monies to other projects.
4. 8. Conduct education and outreach in forest communities by explaining the wildfire threat to private property caused by lack of timber harvesting and thinning.
5. 9. Monitor forestry projects and wildfire activities.
10. Assist in the development of the forestry products industry in this state.
6. 11. Intervene on behalf of this state and its citizens in administrative and judicial appeals and litigation that challenge governmental efforts supported by the state forester if the state forester determines that intervention is in the best interests of this state.
7. 12. Annually develop and implement a comprehensive plan for the deployment of state, county, municipal, fire district, volunteer fire association and private fire service provider contract resources to wildfire suppression activities. The wildfire deployment plan shall take into account anticipated fire conditions and fire severity and may include prepositioning resources as necessary. The state forester shall consult with federal land management firefighting agencies, state and county emergency agencies, municipal fire departments, fire districts, statewide fire district and statewide fire chiefs associations, volunteer fire departments and private fire contractors in the development of a comprehensive wildfire deployment plan, the implementation of standards for training and certification for all classes of wildland fire personnel and the implementation of standards for wildland fire apparatus and equipment that is are deployed under cooperative agreements with the state forester.
8. 13. Provide necessary oversight to ensure standardized training and certification for all classifications of wildfire firefighters to be deployed, through cooperator agreement with the state forester, to any federal or state wildfire incident.
B. During the first regular session of each legislature, the state forester shall present information to the legislative committees with jurisdiction over forestry issues. The state forester shall collaborate with, and invite the participation of, relevant state, federal and local governmental officers and agencies. A written report is not required, but the presentation shall include information concerning:
1. Forestry management, including the current conditions of the forests in this state on federal, state and private property as affected by federal, state and local public policies, climatic conditions, wildfire hazards, pest infestations, overgrowth and overgrowth control policies and methods and the effects of current federal policy on forest management and impacts on forest land management.
2. The wildland‑urban interface, including the effects of county and municipal zoning policies and wildfire hazards on public and private property.
3. Wildfire emergency management and all hazard response issues, including:
(a) Intergovernmental and interagency primacy, cooperation, coordination, roles and training of federal, state and local forestry, firefighting and law enforcement agencies.
(b) Channels and methods of communicating emergency information to the public.
(c) The roles of governmental and nongovernmental disaster relief agencies and organizations.
(d) The level of federal, state and local emergency funding.
C. The state forester may:
1. Furnish technical advice to the people of the this state on forestry and land management matters.
2. Do all other acts necessary to take advantage of and carry out the provisions of the act of Congress described in subsection D of this section.
D. This state accepts the provisions of the cooperative forestry assistance act of 1978 (P.L. 95‑313; 92 Stat. 365; 16 United States Code chapter 41) providing for federal forestry assistance programs to states.
Sec. 4. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3024.09, to read:
41-3024.09. Arizona department of forestry and fire management; termination July 1, 2024
A. The arizona department of forestry and fire management terminates on July 1, 2024.
B. Title 37, chapter 2.1, article 1 is repealed on January 1, 2025.
Sec. 5. Purpose
Pursuant to section 41‑2955, subsection E, Arizona Revised Statutes, the legislature establishes the Arizona department of forestry and fire management to provide resources for the prevention and suppression of wildland fires on state land and private property located outside of cities and towns.