Search terms: ISYSLANG |
IN THE SENATE
SENATE BILL NO. 1338
BY RESOURCES AND ENVIRONMENT COMMITTEE
1
AN ACT
2
RELATING TO ABATEMENT OF PUBLIC NUISANCES; AMENDING CHAPTER 8, TITLE 31,
3
4
CODE, TO DEFINE TERMS, TO PROVIDE FOR DECLARATION OF A CATASTROPHIC PUB-
5
LIC NUISANCE AND TO PROVIDE AUTHORITY TO DECLARE AND DEMAND ABATEMENT,
6
TO PROVIDE FOR EMERGENCY ABATEMENT OF A CATASTROPHIC PUBLIC NUISANCE
7
AND TO PROVIDE FOR LIMITATIONS.
9
10
hereby amended by the addition thereto of NEW SECTIONS, to be known and des-
11
12
lows:
13
31-831. ABATEMENT OF CATASTROPHIC PUBLIC NUISANCE -- DEFINITIONS. As
14
15
(1) "Catastrophic public nuisance" means a condition on federal land
16
where natural resources and biota have been managed or neglected to such an
17
extent as to cause:
18
(a) The threat of a catastrophic wildfire demonstrated by stand den-
19
sity, basal area or ground fuel load greater than one hundred fifty per-
20
cent (150%) of land health standards or an insect or disease infestation
21
severe enough to threaten the mortality of at least twenty percent (20%)
22
of the trees in the forestation area; or
23
(b) A condition in the area that threatens the quality or quantity of
24
the public water supply of a county, the health, safety or welfare of
25
the citizens of a county, the air quality of a nonattainment area, or
26
the vegetative resources required to support land health and authorized
27
livestock grazing.
28
(2) "Chief executive officer" means for a county, the chair of the
29
county commission, if the county is operating under the county commission
30
or expanded county commission form of government; the county executive
31
officer, if the county is operating under the county-executive form of
32
government; or the county manager, if the county is operating under the coun-
33
cil-manager form of government.
34
35
36
37
38
39
vice or the national park service.
40
(5) "Federally managed land" means land that is managed by a federal
41
agency.
2
1
31-832. DECLARATION OF CATASTROPHIC PUBLIC NUISANCE -- AUTHORITY TO
2
DECLARE AND DEMAND ABATEMENT. (1) The chief executive officer of a county or
3
4
on land within the borders of the county.
5
(2) In evaluating whether a catastrophic public nuisance exists, the
6
7
density and overall health of a forested area, including the fire regime con-
8
dition class; insect and disease infestation, including insect and disease
9
hazard ratings; fuel loads; forest or range type; slope and other natural
10
characteristics of an area; watershed protection criteria; weather and cli-
11
mate; and any other factor that the chief executive officer of a county or a
12
13
14
after consultation with the attorney general:
15
(a) Serve notice of the determination described in subsection (1) of
16
this section, by hand or certified mail, on the federal agency that man-
17
aged the land upon which the catastrophic nuisance exists; and
18
(b) Provide a copy of the determination that is served under paragraph
19
(a) of this subsection to the governor, the attorney general, and the
20
state's congressional delegation.
21
(4) The notice described in subsection (3)(a) of this section shall in-
22
clude: a detailed explanation for determination that a catastrophic pub-
23
lic nuisance exists on the land in question; a demand that the federal agency
24
formulate a plan to abate the catastrophic nuisance; and a specific date, no
25
less than thirty (30) days after the day on which the notice is received, by
26
which time the federal agency that managed the land shall abate the public
27
nuisance or produce a plan for mitigating the catastrophic public nuisance
28
that is acceptable to the county or other county.
29
30
ter into a plan with the relevant federal agency to abate the catastrophic
31
public nuisance.
32
(6) If, after receiving the notice described in subsections (3)(a)
33
and (4) of this section, the federal agency does not respond by the date
34
requested in the notice or otherwise indicates that the federal agency is
35
unwilling to take action to abate the catastrophic public nuisance, the
36
37
the county prosecuting attorney and attorney general.
38
31-833. EMERGENCY ABATEMENT OF A CATASTROPHIC PUBLIC NUISANCE. (1) If
39
40
public nuisance exists on federally managed land, and the chief executive
41
42
public nuisance in question adversely affects, or constitutes a threat to,
43
the public health, safety, and welfare of the people of the county, the chief
44
45
with the attorney general, pursue all remedies allowed by law.
46
(2) In seeking an emergency abatement of a catastrophic public nui-
47
48
attempt, as much as possible, to coordinate with federal agencies and seek
3
1
the advice of professionals, including private sector professionals, with
2
expertise in abating a catastrophic public nuisance.