7 LONG TITLE
8 General Description:
9 This bill amends certain provisions of the Utah Public Safety Code relating to recovery
10 of expenses incurred in response to a hazardous materials emergency.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that the Hazardous Chemical Emergency Response Commission may
14 recover from a negligent party expenses incurred by a political subdivision in a
15 hazardous materials emergency; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 53-2a-703, as renumbered and amended by Laws of Utah 2013, Chapter 295
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 53-2a-703 is amended to read:
27 53-2a-703. Hazardous materials emergency -- Recovery of expenses.
28 (1) (a) The Hazardous Chemical Emergency Response Commission may recover from
29 those persons whose negligent actions caused the hazardous materials emergency, expenses
31 emergency taken under authority of this part, Title 53, Chapter 2a, Part 1, Emergency
32 Management Act, or Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act[
33 are incurred by:
34 (i) a state agency; Ĥ→ [
35 (ii) a political subdivision as defined in Subsection 53-2a-203(3) Ĥ→ [
35a (iii) an interlocal entity, described in Section 11-13-203, providing emergency
35b services to a political subdivision pursuant to written agreement. ←Ĥ
36 (b) The payment of expenses under this Subsection (1) [
37 admission of liability or negligence in any legal action for damages.
38 (c) The Hazardous Chemical Emergency Response Commission may obtain assistance
39 from the attorney general or a county attorney of the affected jurisdiction to assist in recovering
40 expenses and legal fees.
41 (d) Any recovered costs shall be deposited in the General Fund as dedicated credits to
42 be used by the division to reimburse Ĥ→ [
43 subdivisions for the costs they have incurred.
43a incurred by the entity. ←Ĥ
44 (2) (a) If the cost directly associated with emergency response exceeds all available
45 funds of the division within a given fiscal year, the division, with approval from the governor,
46 may incur a deficit in its line item budget.
47 (b) The Legislature shall provide a supplemental appropriation in the following year to
48 cover the deficit.
49 (c) The division shall deposit all costs associated with any emergency response that are
50 collected in subsequent fiscal years into the General Fund.
51 (3) Any political subdivision may enact local ordinances pursuant to existing statutory
52 or constitutional authority to provide for the recovery of expenses incurred by the political
Legislative Review Note
Office of Legislative Research and General Counsel