1     
EMERGENCY MANAGEMENT ACT AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Suzanne Harrison

5     
Senate Sponsor: Deidre M. Henderson

6     

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
32     

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.
41          [(2)] (3) "Commissioner" means the commissioner of the Department of Public Safety
42     or the commissioner's designee.
43          [(3)] (4) "Director" means the division director appointed under Section 53-2a-103 or
44     the director's designee.
45          [(4)] (5) "Disaster" means an event that:
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          [(5)] (6) "Division" means the Division of Emergency Management created in Section
53     53-2a-103.
54          [(6)] (7) "Energy" includes the energy resources defined in this chapter.
55          [(7)] (8) "Expenses" means actual labor costs of government and volunteer personnel,
56     and materials.
57          [(8)] (9) "Hazardous materials emergency" means a sudden and unexpected release of

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          [(9)] (10) "Internal disturbance" means a riot, prison break, terrorism, or strike.
62          (11) "IPAWS" means the Integrated Public Alert and Warning System administered by
63     the Federal Emergency Management Agency.
64          [(10)] (12) "Municipality" means the same as that term is defined in Section 10-1-104.
65          [(11)] (13) "Natural phenomena" means any earthquake, tornado, storm, flood,
66     landslide, avalanche, forest or range fire, drought, or epidemic.
67          [(12)] (14) "State of emergency" means a condition in any part of this state that
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.
71          [(13)] (15) "Technological hazard" means any hazardous materials accident, mine
72     accident, train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
73          [(14)] (16) "Terrorism" means activities or the threat of activities that:
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          [(15)] (17) "Urban search and rescue" means the location, extrication, and initial
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; [and]
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.
128          [(2)] (3) (a) The Department of Public Safety shall designate state geographical regions
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 [(2)] (3)(a) may
136     not establish the region as a new government entity in the emergency disaster declaration
137     process under Section 53-2a-208.
138          [(3)] (4) The division may make rules in accordance with Title 63G, Chapter 3, Utah
139     Administrative Rulemaking Act, to:
140          (a) establish protocol for prevention, mitigation, preparedness, response, recovery, and
141     the activities described in Subsection [(2)] (3);

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.
146          [(4)] (5) The division may consult with the Legislative Management Committee, the
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) [commissioner of agriculture and food or the commissioner's designee;] statewide
180     interoperability coordinator of the Utah Communications Authority or the coordinator's
181     designee;
182          (f) two representatives with expertise in emergency management appointed by the Utah
183     League of Cities and Towns;
184          (g) two representatives with expertise in emergency management appointed by the
185     Utah Association of Counties;
186          (h) up to four additional members with expertise in emergency management, critical
187     infrastructure, or key resources as these terms are defined under 6 U.S. Code Section 101
188     appointed from the private sector, by the [chair] co-chairs of the council; [and]
189          (i) two representatives appointed by the Utah Emergency Management Association[.];
190          (j) one representative from the Urban Area Working Group, appointed by the council
191     co-chairs;
192          (k) one representative from education, appointed by the council co-chairs; and
193          (l) one representative from a volunteer or faith-based organization, appointed by the
194     council co-chairs.
195          (4) The commissioner and the lieutenant governor shall serve as [cochairs] co-chairs of
196     the council.
197          (5) A member may not receive compensation or benefits for the member's service, but

198     may receive per diem and travel expenses in accordance with:
199          (a) Section 63A-3-106;
200          (b) Section 63A-3-107; and
201          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
202     63A-3-107.
203          (6) The council shall coordinate with existing emergency management related entities
204     including:
205          (a) the Emergency Management Regional Committees established by the Department
206     of Public Safety;
207          (b) the Statewide Mutual Aid Committee established under Section 53-2a-303; and
208          (c) the Hazardous Chemical Emergency Response Commission designated under
209     Section 53-2a-703.
210          (7) The council may appoint additional members or establish other committees and
211     task forces as determined necessary by the council to carry out the duties of the council.
212          Section 4. Section 53-2a-807 is amended to read:
213          53-2a-807. Emergency interim successors for local officers.
214          (1) By July 1 of each year, each political subdivision [officer] shall:
215          (a) for each officer, designate three emergency interim successors and specify their
216     order of succession;
217          [(b) specify their order of succession; and]
218          (b) identify the political subdivision's alerting authority and any individuals authorized
219     to send emergency alerts;
220          [(c)] (c) provide a list of those designated successors and individuals to the division[.];
221     and
222          (d) have an emergency alert plan in place and provide a copy of the plan to the
223     division.
224          (2) In the event that a political subdivision does not designate emergency interim
225     successors as required under Subsection (1), the order of succession shall be as follows:

226          (a) the chief executive officer of the political subdivision;
227          (b) the chief deputy executive officer of the political subdivision;
228          (c) the chair of the legislative body of the political subdivision; and
229          (d) the chief law enforcement officer of the political subdivision.
230          (3) (a) Notwithstanding any other provision of law:
231          (i) if any political subdivision officer or the political subdivision officer's legal deputy,
232     if any, is unavailable, a designated emergency interim successor shall exercise the powers and
233     duties of the office according to the order of succession specified by the political subdivision
234     officer; or
235          (ii) counties may provide by ordinance that one member of the county legislative body
236     may act as the county legislative body if the other members are absent.
237          (b) An emergency interim successor shall exercise the powers and duties of the office
238     only until:
239          (i) the vacancy is filled in accordance with the constitution or statutes; or
240          (ii) the political subdivision officer, the political subdivision officer's deputy, or an
241     emergency interim successor earlier in the order of succession becomes available to exercise
242     the powers and duties of the office.
243          (4) The legislative bodies of each political subdivision may enact resolutions or
244     ordinances consistent with this part and also provide for emergency interim successors to
245     officers of the political subdivision not governed by this section.