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House Engrossed
hazardous vegetation removal; state forester. |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HOUSE BILL 2440 |
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AN ACT
amending sections 37-483 and 37-1306, Arizona Revised Statutes; relating to the state forester.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 37-483, Arizona Revised Statutes, is amended to read:
37-483. Program to remove vegetative natural products; hazardous vegetation; program termination; definition
A. On or before January 1, 2018, The commissioner and the state forester shall collaborate to establish a program to remove vegetative natural products from state trust land for the purposes of fire suppression prevention and forest and watershed management on state lands restoration and to facilitate the development of wood products industries in this state.
B. To implement the program to remove vegetative natural products from state land, the commissioner and state forester may:
1. Coordinate and contract with public and private entities.
2. Use programs that are designed to reduce parolee recidivism.
3. 2. Enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with a county, city, town, natural resource conservation district or other political subdivision to share the cost of implementing the program. An intergovernmental agreement entered into pursuant to this paragraph must state the responsibilities of each party with regard to implementing the program to remove vegetative natural products from state trust lands.
C. To implement the program to remove vegetative natural products where the vegetation is hazardous, The state forester may:
1. Enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 or a memorandum of understanding with a public agency to identify and remove the hazardous vegetation from land in this state, including state, federal, tribal and private lands for the purposes of fire prevention, forest and watershed restoration and critical infrastructure protection. An intergovernmental agreement or memorandum of understanding entered into pursuant to this subsection must state the responsibilities of each party with regard to implementing the agreement. This paragraph does not apply to state trust land.
2. use legislative appropriations and accept and spend monies from public agencies, gifts, donations and grants for the costs of implementing this subsection. MOnies received pursuant to this paragraph shall be deposited in the cooperative forestry fund established by section 37-1306.
3. Use programs that are designed to reduce recidivism for forest restoration projects on lands located within this state.
d. Consent of the property owner is required to remove hazardous vegetation on private property as prescribed in subsection C of this section.
E. Consent of the tribe is required to remove hazardous vegetation on tribal land as prescribed in subsection C of this section.
C. F. The program established pursuant to this section ends on July 1, 2027 pursuant to section 41-3102.
G. For the purposes of this section, "public agency" has the same meaning prescribed in section 11-951.
Sec. 2. Section 37-1306, Arizona Revised Statutes, is amended to read:
37-1306. Cooperative forestry fund; purpose; exemption
A. The cooperative forestry fund is established. The state forester shall administer the fund.
B. Except as otherwise provided in this chapter, the state forester shall deposit, pursuant to sections 35-146 and 35-147, in this fund all monies appropriated to this fund and monies received from individuals, businesses, cities and towns, counties, other political subdivisions of this state, other state agencies, federal agencies any public agency as defined in section 11-951, and any other sources.
C. Appropriations, grants, gifts and contributions hazardous vegetation removal received from any public or private source must be used for hazardous vegetation removal pursuant to section 37-483.
D. Monies deposited pursuant to an intergovernmental agreement or a memorandum of understanding entered into pursuant to section 37-483 must be used for the purposes outlined in the agreement or memorandum.
C. E. Monies in the fund are continuously appropriated for the purpose of conducting the activities of the state forester.
D. F. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.