This document includes House Committee Amendments incorporated into the bill on Thu, Feb 6, 2020 at 8:25 AM by pflowers.
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7 LONG TITLE
8 General Description:
9 This bill amends the duties of the Division of Emergency Management.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines "alerting authority" and "IPAWS";
13 ▸ requires coordination with municipalities and counties to ensure access to the
14 Integrated Public Alert and Warning System;
15 ▸ requires training every three years to all emergency service agencies, managers, and
16 others;
17 ▸ requires each political subdivision to have an alert plan and to provide a copy of the
18 plan to the Division of Emergency Management;
19 ▸ adds to the membership of the Emergency Management Administration Council;
20 and
21 ▸ requires an annual report of each political subdivision's alerting authority.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 53-2a-102, as last amended by Laws of Utah 2017, Chapter 13
29 53-2a-104, as renumbered and amended by Laws of Utah 2013, Chapter 295
30 53-2a-105, as last amended by Laws of Utah 2015, Chapter 258
31 53-2a-807, as renumbered and amended by Laws of Utah 2013, Chapter 295
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33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53-2a-102 is amended to read:
35 53-2a-102. Definitions.
36 As used in this chapter:
37 (1) "Alerting authority" means a political subdivision that has received access to send
38 alerts through the Integrated Public Alert and Warning System.
39 (2) "Attack" means a nuclear, cyber, conventional, biological, act of terrorism, or
40 chemical warfare action against the United States of America or this state.
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42 or the commissioner's designee.
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44 the director's designee.
45 [
46 (a) causes, or threatens to cause, loss of life, human suffering, public or private
47 property damage, or economic or social disruption resulting from attack, internal disturbance,
48 natural phenomena, or technological hazard; and
49 (b) requires resources that are beyond the scope of local agencies in routine responses
50 to emergencies and accidents and may be of a magnitude or involve unusual circumstances that
51 require response by government, not-for-profit, or private entities.
52 [
53 53-2a-103.
54 [
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56 and materials.
57 [
58 any substance that because of its quantity, concentration, or physical, chemical, or infectious
59 characteristics presents a direct and immediate threat to public safety or the environment and
60 requires immediate action to mitigate the threat.
61 [
62 (11) "IPAWS" means the Integrated Public Alert and Warning System administered by
63 the Federal Emergency Management Agency.
64 [
65 [
66 landslide, avalanche, forest or range fire, drought, or epidemic.
67 [
68 requires state government emergency assistance to supplement the local efforts of the affected
69 political subdivision to save lives and to protect property, public health, welfare, or safety in
70 the event of a disaster, or to avoid or reduce the threat of a disaster.
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72 accident, train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
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74 (a) involve acts dangerous to human life;
75 (b) are a violation of the criminal laws of the United States or of this state; and
76 (c) to a reasonable person, would appear to be intended to:
77 (i) intimidate or coerce a civilian population;
78 (ii) influence the policy of a government by intimidation or coercion; or
79 (iii) affect the conduct of a government by mass destruction, assassination, or
80 kidnapping.
81 [
82 medical stabilization of victims trapped in a confined space as the result of a structural
83 collapse, transportation accident, mining accident, or collapsed trench.
84 Section 2. Section 53-2a-104 is amended to read:
85 53-2a-104. Division duties -- Powers.
86 (1) The division shall:
87 (a) respond to the policies of the governor and the Legislature;
88 (b) perform functions relating to emergency management as directed by the governor
89 or by the commissioner, including:
90 (i) coordinating with state agencies and local governments the use of personnel and
91 other resources of these governmental entities as agents of the state during an interstate disaster
92 in accordance with the Emergency Management Assistance Compact described in Section
93 53-2a-402;
94 (ii) coordinating the requesting, activating, and allocating of state resources during an
95 intrastate disaster or a local state of emergency;
96 (iii) receiving and disbursing federal resources provided to the state in a declared
97 disaster;
98 (iv) appointing a state coordinating officer who is the governor's representative and
99 who shall work with a federal coordinating officer during a federally declared disaster; and
100 (v) appointing a state recovery officer who is the governor's representative and who
101 shall work with a federal recovery officer during a federally declared disaster;
102 (c) prepare, implement, and maintain programs and plans to provide for:
103 (i) prevention and minimization of injury and damage caused by disasters;
104 (ii) prompt and effective response to and recovery from disasters;
105 (iii) identification of areas particularly vulnerable to disasters;
106 (iv) coordination of hazard mitigation and other preventive and preparedness measures
107 designed to eliminate or reduce disasters;
108 (v) assistance to local officials, state agencies, and the business and public sectors, in
109 developing emergency action plans;
110 (vi) coordination of federal, state, and local emergency activities;
111 (vii) coordination of emergency operations plans with emergency plans of the federal
112 government;
113 (viii) coordination of urban search and rescue activities;
114 (ix) coordination of rapid and efficient communications in times of emergency; and
115 (x) other measures necessary, incidental, or appropriate to this part;
116 (d) coordinate with local officials, state agencies, and the business and public sectors in
117 developing, implementing, and maintaining a state energy emergency plan in accordance with
118 Section 53-2a-902; [
119 (e) administer Part 6, Disaster Recovery Funding Act, in accordance with that part[
120 (f) conduct outreach annually to agencies and officials who have access to IPAWS; and
121 (g) coordinate with counties to ensure every county has the access and ability to send,
122 or a plan to send, IPAWS messages, including Wireless Emergency Alerts and Emergency
123 Alert System messages.
124 (2) Every three years, organizations that have the ability to send IPAWS messages,
125 including emergency service agencies, public safety answering points, and emergency
126 managers shall send verification of Federal Emergency Management Agency training to the
127 Division.
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129 and allow the political subdivisions within each region to:
130 (i) coordinate planning with other political subdivisions, tribal governments, and as
131 appropriate, other entities within that region and with state agencies as appropriate, or as
132 designated by the division;
133 (ii) coordinate grant management and resource purchases; and
134 (iii) organize joint emergency response training and exercises.
135 (b) The political subdivisions within a region designated in Subsection [
136 not establish the region as a new government entity in the emergency disaster declaration
137 process under Section 53-2a-208.
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139 Administrative Rulemaking Act, to:
140 (a) establish protocol for prevention, mitigation, preparedness, response, recovery, and
141 the activities described in Subsection [
142 (b) coordinate federal, state, and local resources in a declared disaster or local
143 emergency; and
144 (c) implement provisions of the Emergency Management Assistance Compact as
145 provided in Section 53-2a-402 and Title 53, Chapter 2a, Part 3, Statewide Mutual Aid Act.
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147 Judicial Council, and legislative and judicial staff offices to assist the division in preparing
148 emergency succession plans and procedures under Title 53, Chapter 2a, Part 8, Emergency
149 Interim Succession Act.
150 (6) The division shall report annually in writing not later than October 31 to the Law
151 Enforcement and Criminal Justice, and Political Subdivisions Interim Committees regarding
152 the status of the emergency alert system in the state. The report shall include:
153 (a) a status summary of the number of alerting authorities in Utah;
154 (b) any changes in that number;
155 (c) administrative actions taken; and
156 (d) any other information considered necessary by the division.
157 Section 3. Section 53-2a-105 is amended to read:
158 53-2a-105. Emergency Management Administration Council created -- Function
159 -- Composition -- Expenses.
160 (1) There is created the Emergency Management Administration Council to provide
161 advice and coordination for state and local government agencies on government emergency
162 prevention, mitigation, preparedness, response, and recovery actions and activities.
163 (2) The council shall meet at the call of the chair, but at least semiannually.
164 (3) The council shall be made up of the:
165 (a) lieutenant governor, or the lieutenant governor's designee;
166 (b) attorney general, or the attorney general's designee;
167 (c) heads of the following state agencies, or their designees:
168 (i) Department of Public Safety;
169 (ii) Division of Emergency Management;
170 (iii) Department of Transportation;
171 (iv) Department of Health;
172 (v) Department of Environmental Quality;
173 (vi) Department of Workforce Services; and
174 (vii) Department of Natural Resources;
175 (viii) Department of Agriculture and Food;
176 (ix) Department of Technology Services; and
177 (x) Division of Indian Affairs;
178 (d) adjutant general of the National Guard or the adjutant general's designee;
179 (e) statewide interoperability coordinator of the Utah Communications Authority or the
180 coordinator's designee;
181 Ĥ→ [
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182a the
183 Utah League of Cities and Towns;
184 Ĥ→ [
184a appointed by the
185 Utah Association of Counties;
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187 critical infrastructure, or key resources as these terms are defined under 6 U.S. Code Section
188 101 appointed from the private sector, by the [
189 [
190 Association[
191 (k) one representative from the Urban Area Working Group, appointed by the council
192 co-chairs;
193 (l) one representative from education, appointed by the council co-chairs; and
194 (m) one representative from a volunteer or faith-based organization, appointed by the
195 council co-chairs.
196 (4) The commissioner and the lieutenant governor shall serve as [
197 the council.
198 (5) A member may not receive compensation or benefits for the member's service, but
199 may receive per diem and travel expenses in accordance with:
200 (a) Section 63A-3-106;
201 (b) Section 63A-3-107; and
202 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
203 63A-3-107.
204 (6) The council shall coordinate with existing emergency management related entities
205 including:
206 (a) the Emergency Management Regional Committees established by the Department
207 of Public Safety;
208 (b) the Statewide Mutual Aid Committee established under Section 53-2a-303; and
209 (c) the Hazardous Chemical Emergency Response Commission designated under
210 Section 53-2a-703.
211 (7) The council may appoint additional members or establish other committees and
212 task forces as determined necessary by the council to carry out the duties of the council.
213 Section 4. Section 53-2a-807 is amended to read:
214 53-2a-807. Emergency interim successors for local officers.
215 (1) By July 1 of each year, each political subdivision [
216 (a) for each officer, designate three emergency interim successors and specify their
217 order of succession;
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219 (b) identify the political subdivision's alerting authority and any individuals authorized
220 to send emergency alerts;
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222 and
223 (d) have an emergency alert plan in place and provide a copy of the plan to the
224 division.
225 (2) In the event that a political subdivision does not designate emergency interim
226 successors as required under Subsection (1), the order of succession shall be as follows:
227 (a) the chief executive officer of the political subdivision;
228 (b) the chief deputy executive officer of the political subdivision;
229 (c) the chair of the legislative body of the political subdivision; and
230 (d) the chief law enforcement officer of the political subdivision.
231 (3) (a) Notwithstanding any other provision of law:
232 (i) if any political subdivision officer or the political subdivision officer's legal deputy,
233 if any, is unavailable, a designated emergency interim successor shall exercise the powers and
234 duties of the office according to the order of succession specified by the political subdivision
235 officer; or
236 (ii) counties may provide by ordinance that one member of the county legislative body
237 may act as the county legislative body if the other members are absent.
238 (b) An emergency interim successor shall exercise the powers and duties of the office
239 only until:
240 (i) the vacancy is filled in accordance with the constitution or statutes; or
241 (ii) the political subdivision officer, the political subdivision officer's deputy, or an
242 emergency interim successor earlier in the order of succession becomes available to exercise
243 the powers and duties of the office.
244 (4) The legislative bodies of each political subdivision may enact resolutions or
245 ordinances consistent with this part and also provide for emergency interim successors to
246 officers of the political subdivision not governed by this section.