No. 42928 (New Rule): Rule R652-123. Wildland Fire Suppression Cost Recovery Procedure

(New Rule)

DAR File No.: 42928
Filed: 05/17/2018 01:35:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish a procedure for recovery of the Division of Forestry, Fire and State Land's (Division) costs for suppressing wildland fire as provided in Section 65A-3-4.

Summary of the rule or change:

This rule establishes a procedure for recovery of the Division's costs for suppressing wildland fire as provided in Section 65A-3-4.

Statutory or constitutional authorization for this rule:

• Section 65A-3-4

Anticipated cost or savings to:

the state budget:

This rule establishes a procedure through which the Division can attempt to recover funds for human caused fires from a responsible party, which would reimburse the state for dollars spent on fire suppression. After conducting an analysis it has been determined that this proposed rule could have a fiscal impact on state government revenues or expenditures, but any fiscal costs or benefit is inestimable at the time because further studies and analysis must be completed. In addition, any fiscal costs or benefit would be contingent on a human caused wildfire occurring, the Division seeking recovery of funds for said fire and the Division receiving reimbursement for dollars spent on suppression.

local governments:

After conducting an analysis it has been determined that this proposed rule will not have any fiscal impacts on local governments revenues or expenditures because this rule does not apply to local governments.

small businesses:

This rule does not affect small businesses, therefore there is no anticipated costs or savings.

persons other than small businesses, businesses, or local governmental entities:

After conducting an analysis it has been determined that this proposed rule will not have any direct impact on other persons because this rule does not apply directly to individuals, unless they are found to be responsible for the cause of a wildfire and those costs would be inestimable.

Compliance costs for affected persons:

There is no compliance cost for affected persons with regard to this rule, unless through an investigation they are found to responsible for a wildfire.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule does not apply to businesses and therefore has no fiscal impact on businesses.

Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Natural Resources
Forestry, Fire and State Lands
1594 W NORTH TEMPLE STE 3520
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Jamie Phillips-Barnes at the above address, by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/16/2018

This rule may become effective on:

07/23/2018

Authorized by:

Brian Cottam, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This proposed rule is not expected to have any fiscal impacts on non-small businesses because this rule does not apply to non-small businesses in any way that would create a fiscal impact.

 

The Department Head of the Natural Resources, Michael Styler,and the agency head of the Division of Forestry, Fire and State Lands, Brian L. Cottam have reviewed and approve this fiscal analysis.

 

 

R652. Natural Resources; Forestry, Fire and State Lands.

R652-123. Wildland Fire Suppression Cost Recovery Procedure.

R652-123-100. Authority and Purpose.

This rule establishes a procedure for recovery of the Division's costs for suppressing wildland fire as provided in Section 65A-3-4.

 

R652-123-200. Procedure to Collect for Wildland Fire Suppression Costs.

(1) The Division shall track the costs it incurs to suppress all wildland fires, including those suspected to be ignited by human activity.

(2) All fires suspected to be human-caused should be investigated as thoroughly as possible.

(3) If an investigation reasonably shows that a person or persons started a fire by acting in a negligent, reckless or intentional manner, the person(s) deemed responsible may be sent an invoice and a request for payment by the Division to pursue wildfire cost recovery.

(4) If cost recovery is pursued, the person(s) deemed responsible shall be contacted by certified mail/return receipt and be given Notice of Intent to Collect. The notice shall also include an invitation to meet with staff within 30 days and present any new evidence or to dispute the case.

(5) At the end of the 30 days after the notice is received, a Demand for Payment Letter and invoice may be sent by the Division stating that the Division demands payment for the costs as authorized by the Utah Code, Section 65A-3-4.

(6) If payment is not received by the Division within 90 days of the date of the invoice, the Division may pursue payment by one of the following means:

(a) collection of a delinquent account in accordance with Sections 63A-3-301 through 63A-3-310, Accounts Receivable Collection; or,

(b) by tendering the account to a collection agency for immediate collection.

7. In cases where undue financial hardship would be caused by full payment of an invoice, the responsible party may negotiate with the Division to make alternate arrangements, including installment payments to satisfy the debt.

 

R652-123-300. Eligible Recovery Costs.

(1) The State Office or the appropriate Area Office may seek recovery of all costs associated with a wildfire caused by negligent, reckless or willful acts, including suppression, rehabilitation, and damage to state property.

 

R652-123-400. Appeals and/or Settlements.

1. The Division's intent is to secure full recovery from the person(s) deemed responsible based on the actual cost of wildfire suppression including all indirect costs associated with or resulting from the wildfire. Indirect costs may include investigations, scene security, managing firefighter well-being etc.

2. The Division may at its discretion accept settlement based on the responsible person's ability to pay or any other factor the Division deems relevant.

3. Settlements shall conform to the requirements of the State Settlement Agreements Act, Sections 63G-10-101 through 503.

4. The Division may submit to the Attorney General any claim for recovery, which is in dispute, requesting legal action be taken to recover the State's costs and settle such claims based on the laws of liability or as directed by the courts.

 

KEY: cost recovery, collections, wildland fires, wildfires

Date of Enactment or Last Substantive Amendment: 2018

Authorizing, and Implemented or Interpreted Law: 65A-3-4

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