This document includes House Committee Amendments incorporated into the bill on Thu, Feb 21, 2019 at 7:43 AM by pflowers.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Mar 13, 2019 at 3:23 PM by lpoole.
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8 LONG TITLE
9 General Description:
10 This bill creates a restricted account and sets eligibility requirements for counties,
11 municipalities, local districts, and special service districts to receive grants from the
12 restricted account.
13 Highlighted Provisions:
14 This bill:
15 ▸ defines terms;
16 ▸ creates the Post Disaster Recovery and Mitigation Restricted Account;
17 ▸ designates the purposes, limitations, and sources of the restricted account;
18 ▸ sets standards and requirements for receiving a grant from funds originating from
19 the restricted account; and
20 ▸ grants rulemaking authority to the Division of Emergency Management.
21 Money Appropriated in this Bill:
22 This bill appropriates in fiscal year 2020:
23 ▸ to the General Fund Restricted -- Post Disaster Recovery and Mitigation Restricted
24 Account -- as an ongoing appropriation:
25 • from the General Fund, Ŝ→ [
26 ▸ to the Department of Public Safety -- as an ongoing appropriation
27 • from the General Fund Restricted -- Post Disaster Recovery and Mitigation
28 Restricted Account, Ŝ→ [
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 ENACTS:
33 53-2a-1301, Utah Code Annotated 1953
34 53-2a-1302, Utah Code Annotated 1953
35 53-2a-1303, Utah Code Annotated 1953
36 53-2a-1304, Utah Code Annotated 1953
37 53-2a-1305, Utah Code Annotated 1953
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39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 53-2a-1301 is enacted to read:
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42 53-2a-1301. Definitions.
43 As used in the part:
44 (1) "Account" means the Post Disaster Recovery and Mitigation Restricted Account
45 created in Section 53-2a-1302.
46 (2) "Affected community" means a community directly affected by an ongoing or
47 recent disaster.
48 (3) "Chief executive officer" means the same as that term is defined in Section
49 53-2a-203.
50 (4) "Community" means a county, municipality, local district, or special service
51 district.
52 (5) "Costs not recoverable" include:
53 (a) the county threshold; and
54 (b) costs covered by insurance or federal government grants, including funding
55 provided to the state by FEMA's Public Assistance grant program described in 44 C.F.R.
56 Chapter 1, Subchapter D, Part 206.
57 (6) "County threshold" means, for each county, the countywide per capita indicator
58 established by FEMA for the state, multiplied by the population of the county as determined by
59 the division.
60 (7) "Disaster recovery" means action taken to remove debris, implement life-saving
61 emergency protective measures, or repair, replace, or restore facilities in response to a disaster.
62 (8) "Disaster recovery grant" means money granted to an affected community for
63 disaster recovery that amounts to not more than 75% of the difference between the cost of
64 disaster recovery, as determined by the division after reviewing the official damage assessment,
65 and costs not recoverable.
66 (9) "FEMA" means the Federal Emergency Management Agency.
67 (10) "Post hazard mitigation" means action taken, after a natural disaster, to reduce or
68 eliminate risk to people or property that may occur as a result of the long-term effects of the
69 natural disaster or a subsequent natural disaster, including action to prevent damage caused by
70 flooding, earthquake, dam failure, wildfire, landslide, severe weather, drought, and problem
71 soil.
72 (11) "Post hazard mitigation grant" means money granted to a community for post
73 hazard mitigation that amounts to not more than 75% of the costs deemed necessary by the
74 division to complete the post hazard mitigation.
75 (12) "Official damage assessment" means a financial assessment of the damage to an
76 affected community, caused by a disaster, that is conducted under the direction of the
77 governing body of the affected community, in accordance with the rules described in Section
78 53-2a-1305.
79 Section 2. Section 53-2a-1302 is enacted to read:
80 53-2a-1302. Post Disaster Recovery and Mitigation Restricted Account.
81 (1) There is created a restricted account in the General Fund known as the "Post
82 Disaster Recovery and Mitigation Restricted Account."
83 (2) The account consists of:
84 (a) money appropriated to the account by the Legislature;
85 (b) income and interest derived from the deposit and investment of money in the
86 account; and
87 (c) private donations, grants, gifts, bequests, or money made available from any other
88 source to implement this section.
89 (3) At the close of a fiscal year, money in the account exceeding $10,000,000,
90 excluding money granted to the account under Subsection (2)(c), shall be transferred to the
91 General Fund.
92 (4) Subject to the requirements described in this part, and upon appropriation by the
93 Legislature, the division may grant money appropriated from the account:
94 (a) to an affected community for the affected community's disaster recovery efforts as
95 described in Section 53-2a-1303; or
96 (b) to a community for post hazard mitigation as described in Section 53-2a-1304.
97 Section 3. Section 53-2a-1303 is enacted to read:
98 53-2a-1303. Disaster Recovery Grant.
99 (1) The division may grant money under Subsection 53-2a-1302(4)(a) appropriated
100 from the account after receiving an application from an affected community for a disaster
101 recovery grant.
102 (2) An affected community is eligible to receive a disaster recovery grant appropriated
103 from the account if:
104 (a) the affected community submits an application described in Subsection (1) that
105 includes the information required by the rules described in Section 53- 2a-1305;
106 (b) the occurrence of disaster in the affected community results in:
107 (i) the president of the United States declaring an emergency or major disaster in the
108 state; Ĥ→ or ←Ĥ
109 (ii) the governor declaring a state of emergency under Section 53-2a-206; Ĥ→ [
110 (iii) the chief executive officer of a local government within the affected community
111 declaring a local emergency under Section 53-2a-205;
112 (c) the governing body of the affected community conducts an official damage
113 assessment of the disaster;
114 (d) the cost of disaster recovery, as determined by the division after reviewing the
115 official damage assessment, exceeds the county threshold for the county in which the affected
116 community is located; and
117 (e) the division maintains sufficient money for the grant.
118 Section 4. Section 53-2a-1304 is enacted to read:
119 53-2a-1304. Post Hazard Mitigation Grant.
120 (1) The division may grant money under Subsection 53-2a-1302(4)(b) appropriated
121 from the account after receiving an application from a community for post hazard mitigation if:
122 (a) the non-lapsing balance available from money appropriated by the Legislature for
123 the previous fiscal year exceeds the amount of money appropriated by the Legislature for the
124 current fiscal year; and
125 (b) the total money granted by the division for post hazard mitigation does not exceed
126 the difference between the amount of non-lapsing funds from the previous fiscal year and the
127 amount of money appropriated by the Legislature for the current fiscal year.
128 (2) A community is eligible to receive a post hazard mitigation grant if the division
129 determines the post hazard mitigation to be funded by the post hazard mitigation grant:
130 (a) is reasonably likely to mitigate:
131 (i) economically significant property damage resulting from a disaster; or
132 (ii) threats to human safety resulting from a disaster;
133 (b) will be designed and constructed in a economically efficient manner that comports
134 with accepted industry standards; and
135 (c) addresses a threat of disaster that is plausible and not merely speculative.
136 Section 5. Section 53-2a-1305 is enacted to read:
137 53-2a-1305. Rulemaking authority and division responsibilities.
138 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
139 division may make rules to:
140 (a) designate the requirements and procedures:
141 (i) for the governing body of an affected community to:
142 (A) apply for a disaster recovery grant; and
143 (B) conduct an official damage assessment; and
144 (ii) for the governing body of a community to apply for a post hazard mitigation grant;
145 and
146 (b) establish standards to ensure that projects completed in accordance with this section
147 are completed in a cost effective manner, are reasonably necessary for disaster recovery or post
148 hazard mitigation, and that all receipts and invoices are documented.
149 (2) No later than December 31 of each year, the division shall provide the governor and
150 the Criminal Justice Appropriations Subcommittee a written report of the division's activities
151 under this part, including:
152 (a) an accounting of the money expended or committed to be expended under this part;
153 and
154 (b) the balance of the account.
155 Section 6. Appropriation.
156 The following sums of money are appropriated for the fiscal year beginning July 1,
157 2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
158 fiscal year 2020.
159 Subsection 6a. Restricted Fund and Account Transfers.
160 The Legislature authorizes the State Division of Finance to transfer the following
161 amounts between the following funds or accounts as indicated. Expenditures and outlays from
162 the funds or accounts to which the money is transferred must be authorized by an
163 appropriation.
164 ITEM 1
165 To the General Fund Restricted -- Post Disaster Recovery and Mitigation
166 Restricted Account
167 From General Fund Ŝ→ [
$2,000,000] $300,000 ←Ŝ
168 Schedule of Programs:
169 General Fund Restricted -- Post Disaster Recovery and
170 Mitigation Restricted Account Ŝ→ [
171 Subsection 6b. Operating and Capital Budgets.
172 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
173 Legislature appropriates the following sums of money from the funds or accounts indicated for
174 the use and support of the government of the state of Utah.
175 ITEM 2
176 To Department of Public Safety -- Emergency Management
177 From General Fund Restricted -- Post Disaster Recovery and Mitigation
178 Restricted Account Ŝ→ [
$2,000,000] $300,000 ←Ŝ
179 Schedule of Programs:
180 Emergency Management: Ŝ→ [
181 The Legislature intends that:
182 (1) appropriations provided under this Subsection (6)(b) be used for Disaster Recovery
183 Grants and Post Hazard Mitigation Grants described in Sections 53-2a-1303 and 53-2a-1304;
184 and
185 (2) under Section 63J-1-603, appropriations provided under this section not lapse at the
186 close of fiscal year 2020.