7 LONG TITLE
8 General Description:
9 This bill modifies the Emergency Management Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines "agent of the state" for emergency response purposes;
13 ▸ authorizes the Division of Emergency Management to provide short-term loans to
14 agents of the state for the purposes of providing emergency services to a member
15 state of the Emergency Management Assistance Compact when:
16 • the member state has a declared disaster;
17 • the member state has requested support from the agent of the state; and
18 • the agent of the state has no funds available to respond to the request from a
19 member state;
20 ▸ provides that agents of the state will reimburse the State Disaster Recovery
21 Restricted Account when reimbursed by the member state for emergency services
22 provided; and
23 ▸ clarifies that the applicant or sub-applicant agency is responsible for any financial
24 match requirements when requesting a federal disaster declaration.
25 Money Appropriated in this Bill:
27 Other Special Clauses:
29 Utah Code Sections Affected:
31 53-2a-602, as last amended by Laws of Utah 2013, Chapter 117 and renumbered and
32 amended by Laws of Utah 2013, Chapter 295
33 53-2a-603, as last amended by Laws of Utah 2013, Chapter 117 and renumbered and
34 amended by Laws of Utah 2013, Chapter 295
35 53-2a-604, as last amended by Laws of Utah 2013, Chapter 117 and renumbered and
36 amended by Laws of Utah 2013, Chapter 295 and last amended by Coordination
37 Clause, Laws of Utah 2013, Chapter 117
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 53-2a-602 is amended to read:
41 53-2a-602. Definitions.
42 (1) Unless otherwise defined in this section, the terms defined in Part 1, Emergency
43 Management Act, shall have the same meaning for this part.
44 (2) As used in this part:
45 (a) "Agent of the state" means any representative of a state agency, local agency, or
46 non-profit entity that agrees to provide support to a requesting intrastate or interstate
47 government entity that has declared an emergency or disaster and requested assistance through
48 the division.
50 (i) within the state;
51 (ii) that occur within a limited period of time;
52 (iii) that involve:
53 (A) a significant number of persons being at risk of bodily harm, sickness, or death; or
54 (B) a significant portion of real property at risk of loss;
55 (iv) that are sudden in nature and generally occur less frequently than every three years;
57 (v) that results in:
58 (A) the president of the United States declaring an emergency or major disaster in the
60 (B) the governor declaring a state of emergency under Title 53, Chapter 2a, Part 2,
61 Disaster Response and Recovery Act; or
62 (C) the chief executive officer of a local government declaring a local emergency under
63 Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act.
65 Restricted Account created in Section 53-2a-603.
67 (A) evacuation;
68 (B) shelter;
69 (C) medical triage;
70 (D) emergency transportation;
71 (E) repair of infrastructure;
72 (F) safety services, including fencing or roadblocks;
73 (G) sandbagging;
74 (H) debris removal;
75 (I) temporary bridges;
76 (J) procurement and distribution of food, water, or ice;
77 (K) procurement and deployment of generators;
78 (L) rescue or recovery;
79 (M) emergency protective measures; or
80 (N) services similar to those described in Subsections (2)(d)(i)(A) through (M), as
81 defined by the division by rule, that are generally required in response to a declared disaster.
82 (ii) "Emergency disaster services" does not include:
83 (A) emergency preparedness; or
84 (B) notwithstanding whether or not a county participates in the Wildland Fire
85 Suppression Fund created in Section 65A-8-204, any fire suppression or presuppression costs
86 that may be paid for from the Wildland Fire Suppression Fund if the county participates in the
87 Wildland Fire Suppression Fund.
89 prepared for an emergency as defined by the division by rule made in accordance with Title
90 63G, Chapter 3, Utah Administrative Rulemaking Act:
91 (i) the purchase of equipment;
92 (ii) the training of personnel; or
93 (iii) the obtaining of a certification.
95 (i) for a county, city, or town, the legislative body of the county, city, or town;
96 (ii) for a local district, the board of trustees of the local district; and
97 (iii) for a special service district:
98 (A) the legislative body of the county, city, or town that established the special service
99 district, if no administrative control board has been appointed under Section 17D-1-301; or
100 (B) the administrative control board of the special service district, if an administrative
101 control board has been appointed under Section 17D-1-301.
103 defined in Section 17B-1-102.
105 with Section 53-2a-605.
107 (i) a county;
108 (ii) a city or town; or
109 (iii) a local district or special service district that:
110 (A) operates a water system;
111 (B) provides transportation service;
112 (C) provides, operates, and maintains correctional and rehabilitative facilities and
113 programs for municipal, state, and other detainees and prisoners;
114 (D) provides consolidated 911 and emergency dispatch service;
115 (E) operates an airport; or
116 (F) operates a sewage system.
118 that is created for a special purpose established under the uniform system of budgeting,
119 accounting, and reporting.
121 term is defined in Section 17D-1-102.
122 Section 2. Section 53-2a-603 is amended to read:
123 53-2a-603. State Disaster Recovery Restricted Account.
124 (1) (a) There is created a restricted account in the General Fund known as the "State
125 Disaster Recovery Restricted Account."
126 (b) The disaster recovery [
127 (i) money deposited into the disaster recovery [
128 Section 63J-1-314;
129 (ii) money appropriated to the disaster recovery [
130 (iii) any other public or private money received by the division that is:
131 (A) given to the division for purposes consistent with this section; and
132 (B) deposited into the disaster recovery [
133 (I) the division; or
134 (II) the person giving the money.
135 (c) The Division of Finance shall deposit interest or other earnings derived from
136 investment of [
137 (2) Subject to being appropriated by the Legislature, money in the disaster recovery
139 (a) (i) subject to Section 53-2a-606, in any fiscal year the division may expend or
140 commit to expend an amount that does not exceed $250,000, in accordance with Section
141 53-2a-604, to fund costs to the state of emergency disaster services in response to a declared
143 (ii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
144 to expend an amount that exceeds $250,000, but does not exceed $1,000,000, in accordance
145 with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to
146 a declared disaster if the division:
147 (A) before making the expenditure or commitment to expend, obtains approval for the
148 expenditure or commitment to expend from the governor;
149 (B) subject to Subsection (5), provides written notice of the expenditure or
150 commitment to expend to the speaker of the House of Representatives, the president of the
151 Senate, the Division of Finance, and the Office of the Legislative Fiscal Analyst no later than
152 72 hours after making the expenditure or commitment to expend; and
153 (C) makes the report required by Subsection 53-2a-606(2);
154 (iii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
155 to expend an amount that exceeds $1,000,000, but does not exceed $3,000,000, in accordance
156 with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to
157 a declared disaster if, before making the expenditure or commitment to expend, the division:
158 (A) obtains approval for the expenditure or commitment to expend from the governor;
160 (B) submits the expenditure or commitment to expend to the Executive Appropriations
161 Committee in accordance with Subsection 53-2a-606(3); and
162 (iv) in any fiscal year the division may expend or commit to expend an amount that
163 does not exceed $150,000 to fund expenses incurred by the National Guard if:
164 (A) in accordance with Section 39-1-5, the governor orders into active service the
165 National Guard in response to a declared disaster; and
166 (B) the money is not used for expenses that qualify for payment as emergency disaster
167 services; [
168 (b) [
169 Subsections (2)(a)(i), (ii), and (iii) may be expended or committed to be expended to fund costs
170 to the state directly related to a declared disaster that are not costs related to:
171 (i) emergency disaster services;
172 (ii) emergency preparedness; or
173 (iii) notwithstanding whether a county participates in the Wildland Fire Suppression
174 Fund created in Section 65A-8-204, any fire suppression or presuppression costs that may be
175 paid for from the Wildland Fire Suppression Fund if the county participates in the Wildland
176 Fire Suppression Fund[
177 (c) the division may provide advanced funding from the disaster recovery account to
178 recognized agents of the state when:
179 (i) the state of Utah has agreed, through the division, to enact the Emergency
180 Management Assistance Compact with another member state that has requested assistance
181 during a declared disaster;
182 (ii) the state of Utah agrees to provide resources to the requesting member state;
183 (iii) the agent of the state who represents the requested resource has no other funding
184 source available at the time of the Emergency Management Assistance Compact request; and
185 (iv) the disaster recovery account has a balance of funds available to be utilized while
186 maintaining a minimum balance of $10 million.
187 (3) All funding provided in advance to an agent of the state and subsequently
188 reimbursed shall be credited to the division.
190 according to Title 51, Chapter 7, State Money Management Act.
192 recovery [
193 expended for a purpose that is not listed in this section.
194 (b) Notwithstanding Section 63J-1-410, the Legislature may not appropriate money
195 from the disaster recovery [
196 if the money appropriated from the disaster recovery [
197 to be expended for a purpose other than one listed in this section.
198 (c) The Legislature may not amend the purposes for which money in the disaster
199 recovery [
200 affirmative vote of two-thirds of all the members elected to each house.
202 (a) shall provide the notice required by Subsection (2)(a)(ii) using the best available
203 method under the circumstances as determined by the division; and
204 (b) may provide the notice required by Subsection (2)(a)(ii) in electronic format.
205 Section 3. Section 53-2a-604 is amended to read:
206 53-2a-604. State costs for emergency disaster services.
207 (1) Subject to this section and Section 53-2a-603, the division may expend or commit
208 to expend money described in Subsection 53-2a-603(2)(a)(i), (ii), or (iii) to fund costs to the
209 state of emergency disaster services if, at the discretion of the division, the expenditure is
210 necessary in response to the disaster.
211 (2) Money paid by the division under this section to government entities and private
212 persons providing emergency disaster services are subject to Title 63G, Chapter 6a, Utah
213 Procurement Code.
214 (3) If the state of Utah requests and receives a federal disaster declaration, the applicant
215 or sub-applicant agencies approved to receive assistance through federal disaster programs
216 shall be responsible for any financial match requirements.