1     
DISASTER RECOVERY FOR LOCAL GOVERNMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis Oda

5     
Senate Sponsor: J. Stuart Adams

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Public Safety Code and the Budgetary Procedures Act to establish
10     a loan program to local government entities for the purpose of providing emergency
11     disaster services.
12     Highlighted Provisions:
13          This bill:
14          ▸     creates the Local Government Emergency Response Loan Fund for the purpose of
15     providing short-term, low-interest loans to local government entities to be used for:
16               •     costs incurred for providing emergency disaster services; and
17               •     matching funds required to secure federal funds or grants related to a declared
18     disaster;
19          ▸     provides the criteria by which loans from the fund will be awarded;
20          ▸     provides rulemaking authority for the Division of Emergency Management to
21     administer the loan program;
22          ▸     provides that funds from the State Disaster Recovery Restricted Account may be
23     appropriated to the Local Government Emergency Response Loan Fund; and
24          ▸     provides that a specified portion of the General Fund revenue surplus be deposited
25     annually into the Local Government Emergency Response Loan Fund.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None

30     Utah Code Sections Affected:
31     AMENDS:
32          53-2a-602, as last amended by Laws of Utah 2013, Chapter 117 and renumbered and
33     amended by Laws of Utah 2013, Chapter 295
34          53-2a-603, as last amended by Laws of Utah 2013, Chapter 117 and renumbered and
35     amended by Laws of Utah 2013, Chapter 295
36          63J-1-314, as last amended by Laws of Utah 2013, Chapter 295
37     ENACTS:
38          53-2a-607, Utah Code Annotated 1953
39          53-2a-608, Utah Code Annotated 1953
40          53-2a-609, Utah Code Annotated 1953
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 53-2a-602 is amended to read:
44          53-2a-602. Definitions.
45          (1) Unless otherwise defined in this section, the terms [defined in Part 1, Emergency
46     Management Act, shall have the same meaning for this part] that are used in this part mean the
47     same as those terms are defined in Part 1, Emergency Management Act.
48          (2) As used in this part:
49          (a) "Declared disaster" means one or more events:
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;
56     and
57          (v) that results in:

58          (A) the president of the United States declaring an emergency or major disaster in the
59     state;
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.
64          (b) "Disaster recovery fund" means the State Disaster Recovery Restricted Account
65     created in Section 53-2a-603.
66          (c) "Emergency preparedness" means the following done for the purpose of being
67     prepared for an emergency as defined by the division by rule made in accordance with Title
68     63G, Chapter 3, Utah Administrative Rulemaking Act:
69          (i) the purchase of equipment;
70          (ii) the training of personnel; or
71          (iii) the obtaining of a certification.
72          (d) (i) "Emergency disaster services" means the following:
73          (A) evacuation;
74          (B) shelter;
75          (C) medical triage;
76          (D) emergency transportation;
77          (E) repair of infrastructure;
78          (F) safety services, including fencing or roadblocks;
79          (G) sandbagging;
80          (H) debris removal;
81          (I) temporary bridges;
82          (J) procurement and distribution of food, water, or ice;
83          (K) procurement and deployment of generators;
84          (L) rescue or recovery;
85          (M) emergency protective measures; or

86          (N) services similar to those described in Subsections (2)(d)(i)(A) through (M), as
87     defined by the division by rule, that are generally required in response to a declared disaster.
88          (ii) "Emergency disaster services" does not include:
89          (A) emergency preparedness; or
90          (B) notwithstanding whether or not a county participates in the Wildland Fire
91     Suppression Fund created in Section 65A-8-204, any fire suppression or presuppression costs
92     that may be paid for from the Wildland Fire Suppression Fund if the county participates in the
93     Wildland Fire Suppression Fund.
94          (e) "Governing body" means:
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.
102          (f) "Local district" [has the same meaning as] means the same as that term is defined in
103     Section 17B-1-102.
104          (g) "Local fund" means a local government disaster fund created in accordance with
105     Section 53-2a-605.
106          (h) "Local government" means:
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.
117          (i) "Special fund" means a fund other than a general fund of a local government that is
118     created for a special purpose established under the uniform system of budgeting, accounting,
119     and reporting.
120          (j) "Special service district" [has the same meaning as] means the same as that term is
121     defined in Section 17D-1-102.
122          (k) "State's prime interest rate" means the average interest rate paid by the state on
123     general obligation bonds issued during the most recent fiscal year in which bonds were sold.
124          Section 2. Section 53-2a-603 is amended to read:
125          53-2a-603. State Disaster Recovery Restricted Account.
126          (1) (a) There is created a restricted account in the General Fund known as the "State
127     Disaster Recovery Restricted Account."
128          (b) The disaster recovery [fund shall consist] account consists of:
129          (i) money deposited into the disaster recovery [fund] account in accordance with
130     Section 63J-1-314;
131          (ii) money appropriated to the disaster recovery [fund] account by the Legislature; and
132          (iii) any other public or private money received by the division that is:
133          (A) given to the division for purposes consistent with this section; and
134          (B) deposited into the disaster recovery [fund] account at the request of:
135          (I) the division; or
136          (II) the person or entity giving the money.
137          (c) The Division of Finance shall deposit interest or other earnings derived from
138     investment of [fund] account money into the General Fund.
139          (2) Subject to being appropriated by the Legislature, money in the disaster recovery
140     [fund] account may only be expended or committed to be expended as follows:
141          (a) (i) subject to Section 53-2a-606, in any fiscal year the division may expend or

142     commit to expend an amount that does not exceed $250,000, in accordance with Section
143     53-2a-604, to fund costs to the state of emergency disaster services in response to a declared
144     disaster;
145          (ii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
146     to expend an amount that exceeds $250,000, but does not exceed $1,000,000, in accordance
147     with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to
148     a declared disaster if the division:
149          (A) before making the expenditure or commitment to expend, obtains approval for the
150     expenditure or commitment to expend from the governor;
151          (B) subject to Subsection (5), provides written notice of the expenditure or
152     commitment to expend to the speaker of the House of Representatives, the president of the
153     Senate, the Division of Finance, and the Office of the Legislative Fiscal Analyst no later than
154     72 hours after making the expenditure or commitment to expend; and
155          (C) makes the report required by Subsection 53-2a-606(2);
156          (iii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
157     to expend an amount that exceeds $1,000,000, but does not exceed $3,000,000, in accordance
158     with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to
159     a declared disaster if, before making the expenditure or commitment to expend, the division:
160          (A) obtains approval for the expenditure or commitment to expend from the governor;
161     and
162          (B) submits the expenditure or commitment to expend to the Executive Appropriations
163     Committee in accordance with Subsection 53-2a-606(3); and
164          (iv) in any fiscal year the division may expend or commit to expend an amount that
165     does not exceed $150,000 to fund expenses incurred by the National Guard if:
166          (A) in accordance with Section 39-1-5, the governor orders into active service the
167     National Guard in response to a declared disaster; and
168          (B) the money is not used for expenses that qualify for payment as emergency disaster
169     services; [and]

170          (b) subject to being appropriated by the Legislature, money not described in
171     Subsections (2)(a)(i), (ii), and (iii) may be expended or committed to be expended to fund costs
172     to the state directly related to a declared disaster that are not costs related to:
173          (i) emergency disaster services;
174          (ii) emergency preparedness; or
175          (iii) notwithstanding whether a county participates in the Wildland Fire Suppression
176     Fund created in Section 65A-8-204, any fire suppression or presuppression costs that may be
177     paid for from the Wildland Fire Suppression Fund if the county participates in the Wildland
178     Fire Suppression Fund[.]; and
179          (c) to fund the Local Government Emergency Response Loan Fund created in Section
180     53-2a-607.
181          (3) The state treasurer shall invest money in the disaster recovery fund according to
182     Title 51, Chapter 7, State Money Management Act.
183          (4) (a) Except as provided in Subsections (1) and (2), the money in the disaster
184     recovery [fund] account may not be diverted, appropriated, expended, or committed to be
185     expended for a purpose that is not listed in this section.
186          (b) Notwithstanding Section 63J-1-410, the Legislature may not appropriate money
187     from the disaster recovery [fund] account to eliminate or otherwise reduce an operating deficit
188     if the money appropriated from the disaster recovery [fund] account is expended or committed
189     to be expended for a purpose other than one listed in this section.
190          (c) The Legislature may not amend the purposes for which money in the disaster
191     recovery [fund] account may be expended or committed to be expended except by the
192     affirmative vote of two-thirds of all the members elected to each house.
193          (5) The division:
194          (a) shall provide the notice required by Subsection (2)(a)(ii) using the best available
195     method under the circumstances as determined by the division; and
196          (b) may provide the notice required by Subsection (2)(a)(ii) in electronic format.
197          Section 3. Section 53-2a-607 is enacted to read:

198          53-2a-607. Creation and administration.
199          (1) (a) There is created an enterprise fund known as the Local Government Emergency
200     Response Loan Fund.
201          (b) The division as defined in Section 53-2a-103 is the administrator of the fund.
202          (2) The fund consists of:
203          (a) money appropriated to the fund by the Legislature;
204          (b) money received for the repayment of loans made from the fund;
205          (c) interest earned on the fund; and
206          (d) money deposited into the fund in accordance with Section 63J-1-314.
207          (3) The money in the fund shall be invested by the state treasurer according to the
208     procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that
209     all interest or other earnings derived from money in the fund shall be deposited into the fund.
210          (4) Local government entities may apply through the division for a short-term loan
211     from the fund for the purposes provided in Section 53-2a-608, provided that the local
212     government entity:
213          (a) agrees to the terms of the loan; and
214          (b) is not in default on any other state loans administered by the Division of Finance or
215     any other state agency.
216          (5) The division may not loan out:
217          (a) more than 50% of the total account balance available at the time that a loan request
218     is made by a local government entity; or
219          (b) an amount that will leave the fund balance at less than $10,000,000.
220          Section 4. Section 53-2a-608 is enacted to read:
221          53-2a-608. Purposes and criteria for loans.
222          (1) Money in the fund shall be used by the division, as prioritized by the director, only
223     to:
224          (a) provide loans to local government entities for:
225          (i) the costs incurred by a local government entity for providing emergency disaster

226     services as defined in Section 53-2a-602; or
227          (ii) providing any state or local matching funds to secure federal funds or grants related
228     to a declared disaster, as defined in Section 53-2a-602;
229          (b) pay the Division of Finance for the costs of administering the fund, providing loans,
230     and obtaining repayments of loans; and
231          (c) provide funds to state agencies for the costs of responding to a declared disaster.
232          (2) The division shall establish the terms and conditions of the loans and the repayment
233     schedule consistent with the following criteria:
234          (a) the interest rate charged and the maximum payback period on all loans shall be:
235          (i) the state's prime interest rate at the time of loan closing, plus zero percent, with a
236     maximum payback period of 10 years if the applicant has reserved an average of 90% to 100%
237     of the amount authorized in Section 53-2a-605 over the previous five fiscal years;
238          (ii) the state's prime interest rate at the time of loan closing, plus 2%, with a maximum
239     payback period of five years if the applicant has reserved an average of 70% up to 90% of the
240     amount authorized in Section 53-2a-605 over the previous five fiscal years; or
241          (iii) the state's prime interest rate at the time of loan closing, plus 4%, with a maximum
242     payback period of three years if the applicant has reserved an average of 50% up to 70% of the
243     amount authorized in Section 53-2a-605 over the previous five fiscal years; and
244          (b) the division may not authorize a loan from this fund on any terms or conditions to
245     local government entities that have reserved an average of less than 50% of the amount
246     authorized in Section 53-2a-605 over the previous five fiscal years.
247          (3) If the division receives multiple loan applications concurrently, priority shall be
248     given to applicants based on the extent of their participation in the reserve account authorized
249     in Section 53-2a-605.
250          Section 5. Section 53-2a-609 is enacted to read:
251          53-2a-609. Division to make rules to administer the loan program.
252          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
253     division shall make rules establishing:

254          (1) form, content, and procedure for loan and grant applications;
255          (2) criteria and procedures for prioritizing loan and grant applications;
256          (3) requirements and procedures for securing loans and grants;
257          (4) procedures for making loans;
258          (5) procedures for administering and ensuring repayment of loans, including late
259     payment penalties; and
260          (6) procedures for recovering on defaulted loans.
261          Section 6. Section 63J-1-314 is amended to read:
262          63J-1-314. Deposits related to the Disaster Recovery Funding Act.
263          (1) As used in this section, "operating deficit" means that, at the end of the fiscal year,
264     the unassigned fund balance in the General Fund is less than zero.
265          (2) Except as provided under [Subsection] Subsections (3) and (4), at the end of each
266     fiscal year, the Division of Finance shall, after the transfer of General Fund revenue surplus has
267     been made to the Medicaid Growth Reduction and Budget Stabilization Account, as provided
268     in Section 63J-1-315, and the General Fund Budget Reserve Account, as provided in Section
269     63J-1-312, transfer an amount into the State Disaster Recovery Restricted Account, created in
270     Section 53-2a-603, from the General Fund revenue surplus as defined in Section 63J-1-312,
271     calculated by:
272          (a) determining the amount of General Fund revenue surplus after the transfer to the
273     Medicaid Growth Reduction and Budget Stabilization Account under Section 63J-1-315 and
274     the General Fund Budget Reserve Account under Section 63J-1-312;
275          (b) calculating an amount equal to the lesser of:
276          (i) 25% of the amount determined under Subsection (2)(a); or
277          (ii) 6% of the total of the General Fund appropriation amount for the fiscal year in
278     which the surplus occurs; and
279          (c) adding to the amount calculated under Subsection (2)(b) an amount equal to the
280     lesser of:
281          (i) 25% more of the amount described in Subsection (2)(a); or

282          (ii) the amount necessary to replace, in accordance with this Subsection (2)(c), any
283     amount appropriated from the State Disaster Recovery Restricted Account within 10 fiscal
284     years before the fiscal year in which the surplus occurs if:
285          (A) a surplus exists; and
286          (B) the Legislature appropriates money from the State Disaster Recovery Restricted
287     Account that is not replaced by appropriation or as provided in this Subsection (2)(c).
288          (3) Notwithstanding Subsection (2), if, at the end of a fiscal year, the Division of
289     Finance determines that an operating deficit exists, the division shall reduce the transfer to the
290     State Disaster Recovery Restricted Account by the amount necessary to eliminate the operating
291     deficit.
292          (4) Notwithstanding Subsection (2):
293          (a) for the period beginning July 1, 2015, and ending June 30, 2020, the Division of
294     Finance shall transfer to the Local Government Emergency Response Loan Fund 25% of the
295     amount to be transferred into the State Disaster Recovery Restricted Account as provided in
296     Subsection (2)(b); and
297          (b) on and after July 1, 2020, the Division of Finance shall transfer to the Local
298     Government Emergency Response Loan Fund 10% of the amount to be transferred into the
299     State Disaster Recovery Restricted Account as provided in Subsection (2)(b).