1     
EMERGENCY SERVICES ACCOUNT LOAN AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis Oda

5     
Senate Sponsor: Todd Weiler

6     

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 purpose 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:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:

30     AMENDS:
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
38     

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] that are used in this part mean the
44     same as those terms are defined in Part 1, Emergency Management Act.
45          (2) As used in this part:
46          (a) "Agent of the state" means any representative of a state agency, local agency, or
47     non-profit entity that agrees to provide support to a requesting intrastate or interstate
48     government entity that has declared an emergency or disaster and has requested assistance
49     through the division.
50          [(a)] (b) "Declared disaster" means one or more events:
51          (i) within the state;
52          (ii) that occur within a limited period of time;
53          (iii) that involve:
54          (A) a significant number of persons being at risk of bodily harm, sickness, or death; or
55          (B) a significant portion of real property at risk of loss;
56          (iv) that are sudden in nature and generally occur less frequently than every three years;
57     and

58          (v) that results in:
59          (A) the president of the United States declaring an emergency or major disaster in the
60     state;
61          (B) the governor declaring a state of emergency under Title 53, Chapter 2a, Part 2,
62     Disaster Response and Recovery Act; or
63          (C) the chief executive officer of a local government declaring a local emergency under
64     Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act.
65          [(b)] (c) "Disaster recovery [fund] account" means the State Disaster Recovery
66     Restricted Account created in Section 53-2a-603.
67          (d) (i) "Emergency disaster services" means [the following]:
68          (A) evacuation;
69          (B) shelter;
70          (C) medical triage;
71          (D) emergency transportation;
72          (E) repair of infrastructure;
73          (F) safety services, including fencing or roadblocks;
74          (G) sandbagging;
75          (H) debris removal;
76          (I) temporary bridges;
77          (J) procurement and distribution of food, water, or ice;
78          (K) procurement and deployment of generators;
79          (L) rescue or recovery;
80          (M) emergency protective measures; or
81          (N) services similar to those described in Subsections (2)(d)(i)(A) through (M), as
82     defined by the division by rule, that are generally required in response to a declared disaster.
83          (ii) "Emergency disaster services" does not include:
84          (A) emergency preparedness; or
85          (B) notwithstanding whether or not a county participates in the Wildland Fire

86     Suppression Fund created in Section 65A-8-204, any fire suppression or presuppression costs
87     that may be paid for from the Wildland Fire Suppression Fund if the county participates in the
88     Wildland Fire Suppression Fund.
89          [(c)] (e) "Emergency preparedness" means the following done for the purpose of being
90     prepared for an emergency as defined by the division by rule made in accordance with Title
91     63G, Chapter 3, Utah Administrative Rulemaking Act:
92          (i) the purchase of equipment;
93          (ii) the training of personnel; or
94          (iii) the obtaining of a certification.
95          [(e)] (f) "Governing body" means:
96          (i) for a county, city, or town, the legislative body of the county, city, or town;
97          (ii) for a local district, the board of trustees of the local district; and
98          (iii) for a special service district:
99          (A) the legislative body of the county, city, or town that established the special service
100     district, if no administrative control board has been appointed under Section 17D-1-301; or
101          (B) the administrative control board of the special service district, if an administrative
102     control board has been appointed under Section 17D-1-301.
103          [(f)] (g) "Local district" [has the same meaning as] means the same as that term is
104     defined in Section 17B-1-102.
105          [(g)] (h) "Local fund" means a local government disaster fund created in accordance
106     with Section 53-2a-605.
107          [(h)] (i) "Local government" means:
108          (i) a county;
109          (ii) a city or town; or
110          (iii) a local district or special service district that:
111          (A) operates a water system;
112          (B) provides transportation service;
113          (C) provides, operates, and maintains correctional and rehabilitative facilities and

114     programs for municipal, state, and other detainees and prisoners;
115          (D) provides consolidated 911 and emergency dispatch service;
116          (E) operates an airport; or
117          (F) operates a sewage system.
118          [(i)] (j) "Special fund" means a fund other than a general fund of a local government
119     that is created for a special purpose established under the uniform system of budgeting,
120     accounting, and reporting.
121          [(j)] (k) "Special service district" [has the same meaning as] means the same as that
122     term is defined in Section 17D-1-102.
123          Section 2. Section 53-2a-603 is amended to read:
124          53-2a-603. State Disaster Recovery Restricted Account.
125          (1) (a) There is created a restricted account in the General Fund known as the "State
126     Disaster Recovery Restricted Account."
127          (b) The disaster recovery [fund shall consist] account consists of:
128          (i) money deposited into the disaster recovery [fund] account in accordance with
129     Section 63J-1-314;
130          (ii) money appropriated to the disaster recovery [fund] account by the Legislature; and
131          (iii) any other public or private money received by the division that is:
132          (A) given to the division for purposes consistent with this section; and
133          (B) deposited into the disaster recovery [fund] account at the request of:
134          (I) the division; or
135          (II) the person or entity giving the money.
136          (c) The Division of Finance shall deposit interest or other earnings derived from
137     investment of [fund] account money into the General Fund.
138          (2) Subject to being appropriated by the Legislature, money in the disaster recovery
139     [fund] account may only be expended or committed to be expended as follows:
140          (a) (i) subject to Section 53-2a-606, in any fiscal year the division may expend or
141     commit to expend an amount that does not exceed $250,000, in accordance with Section

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

170     Subsections (2)(a)(i), (ii), and (iii) may be expended or committed to be expended to fund costs
171     to the state directly related to a declared disaster that are not costs related to:
172          (i) emergency disaster services;
173          (ii) emergency preparedness; or
174          (iii) notwithstanding whether a county participates in the Wildland Fire Suppression
175     Fund created in Section 65A-8-204, any fire suppression or presuppression costs that may be
176     paid for from the Wildland Fire Suppression Fund if the county participates in the Wildland
177     Fire Suppression Fund[.]; and
178          (c) the division may provide advanced funding from the disaster recovery account to
179     recognized agents of the state when:
180          (i) Utah has agreed, through the division, to enact the Emergency Management
181     Assistance Compact with another member state that has requested assistance during a declared
182     disaster;
183          (ii) Utah agrees to provide resources to the requesting member state;
184          (iii) the agent of the state who represents the requested resource has no other funding
185     source available at the time of the Emergency Management Assistance Compact request; and
186          (iv) the disaster recovery account has a balance of funds available to be utilized while
187     maintaining a minimum balance of $10,000,000.
188          (3) All funding provided in advance to an agent of the state and subsequently
189     reimbursed shall be credited to the account.
190          [(3)] (4) The state treasurer shall invest money in the disaster recovery [fund] account
191     according to Title 51, Chapter 7, State Money Management Act.
192          [(4)] (5) (a) Except as provided in Subsections (1) and (2), the money in the disaster
193     recovery [fund] account may not be diverted, appropriated, expended, or committed to be
194     expended for a purpose that is not listed in this section.
195          (b) Notwithstanding Section 63J-1-410, the Legislature may not appropriate money
196     from the disaster recovery [fund] account to eliminate or otherwise reduce an operating deficit
197     if the money appropriated from the disaster recovery [fund] account is expended or committed

198     to be expended for a purpose other than one listed in this section.
199          (c) The Legislature may not amend the purposes for which money in the disaster
200     recovery [fund] account may be expended or committed to be expended except by the
201     affirmative vote of two-thirds of all the members elected to each house.
202          [(5)] (6) The division:
203          (a) shall provide the notice required by Subsection (2)(a)(ii) using the best available
204     method under the circumstances as determined by the division; and
205          (b) may provide the notice required by Subsection (2)(a)(ii) in electronic format.
206          Section 3. Section 53-2a-604 is amended to read:
207          53-2a-604. State costs for emergency disaster services.
208          (1) Subject to this section and Section 53-2a-603, the division may expend or commit
209     to expend money described in Subsection 53-2a-603(2)(a)(i), (ii), or (iii) to fund costs to the
210     state of emergency disaster services if, at the discretion of the division, the expenditure is
211     necessary in response to the disaster.
212          (2) Money paid by the division under this section to government entities and private
213     persons providing emergency disaster services are subject to Title 63G, Chapter 6a, Utah
214     Procurement Code.
215          (3) If Utah requests and receives a federal disaster declaration, the applicant or
216     sub-applicant agencies approved to receive assistance through federal disaster programs are
217     responsible for any financial match requirements.