Chief Sponsor: Kelly B. Miles

Senate Sponsor: Daniel W. Thatcher


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:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
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
30     [incurred by state agencies] directly associated with a response to a hazardous materials
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[.], that
33     are incurred by:
34          (i) a state agency; or
35          (ii) a political subdivision as defined in Subsection 53-2a-203(3).
36          (b) The payment of expenses under this Subsection (1) [does not constitute] is not an
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 state and local government agencies or political
43     subdivisions for the costs they have incurred.
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
53     subdivision.

Legislative Review Note
Office of Legislative Research and General Counsel