1     
JOINT RESOLUTION EXTENDING STATE OF EMERGENCY

2     
DUE TO DROUGHT CONDITIONS

3     
2021 FIRST SPECIAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Keven J. Stratton

6     
Senate Sponsor: David P. Hinkins

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8     LONG TITLE
9     General Description:
10          This joint resolution extends a state of emergency due to drought conditions.
11     Highlighted Provisions:
12          This resolution:
13          ▸     extends, for a designated time period, a state of emergency declared by the governor
14     due to drought conditions; and
15          ▸     limits certain emergency powers related to the state of emergency.
16     Special Clauses:
17          None
18     

19     Be it resolved by the Legislature of the state of Utah:
20          WHEREAS, the governor has recognized, and the facts demonstrate, that extreme
21     drought conditions exist in the state;
22          WHEREAS, these drought conditions are expected to persist, increasing and prolonging
23     the threat of wildfire across the state and adversely impacting agribusiness and livestock
24     production, and wildlife and natural habitats;
25          WHEREAS, the Legislature modified the procedures for declaring and extending a
26     state of emergency by passing S.B. 195 during the 2021 General Session, which took effect on
27     May 5, 2021;

28          WHEREAS, on May 13, 2021, the governor issued Executive Order 2021-13 declaring
29     a state of emergency due to drought conditions;
30          WHEREAS, Executive Order 2021-13 activated the state Emergency Operations Plan,
31     the state Drought Response Plan, and the state Drought Response Committee;
32          WHEREAS, Executive Order 2021-13 articulates the governor's intent to have the state
33     Drought Response Committee identify and recommend actions to meet needs caused by the
34     drought;
35          WHEREAS, the state Drought Response Plan calls for the Drought Response
36     Committee to make recommendations to the governor about how to meet unmet needs caused
37     by the drought and to assemble data needed to support a request by the governor for federal
38     drought assistance;
39          WHEREAS, under Subsection 53-2a-206(2)(b), the Legislature may extend, by joint
40     resolution and for a designated time period, a state of emergency declared by executive order of
41     the governor;
42          WHEREAS, under Subsection 53-2a-206(4)(b), the Legislature may limit or restrict the
43     governor's emergency powers for a state of emergency that is extended by a joint resolution;
44          WHEREAS, pursuant to Subsection 53-2a-204(4)(c), the Legislature finds that
45     emergency drought conditions in the state warrant certain executive actions, but that the
46     following emergency powers of the governor are not necessary to respond to the emergency
47     drought conditions present at the time of this joint resolution:
48          ▸     the emergency powers described in Subsections 53-2a-204(1)(c) through (f), (h),
49     (i), and (j); and
50          ▸     the emergency power described in Subsection 53-2a-209(4);
51          WHEREAS, the Legislature finds that the nature and current condition of the state of
52     emergency warrants the continuation of the governor's emergency powers except for those
53     emergency powers enumerated in the preceding paragraph;
54          WHEREAS, under Subsection 53-2a-206(4)(b), the Legislature may limit or restrict the
55     emergency powers of the Division of Emergency Management for a state of emergency that is
56     extended by a joint resolution;
57          WHEREAS, pursuant to Subsection 53-2a-206(4)(c), the Legislature finds that
58     emergency drought conditions in the state at the time of this joint resolution warrant the

59     limitation or restriction of the Division of Emergency Management's exercise of emergency
60     powers described in Section 53-2a-104;
61          WHEREAS, pursuant to Subsection 53-2a-206(4)(c), the Legislature finds that before
62     the Division of Emergency Management may exercise any emergency power described in
63     Section 53-2a-104 under the state of emergency due to drought conditions, the Division of
64     Emergency Management should obtain the governor's approval;
65          WHEREAS, under Subsection 53-2a-206(4)(b), the Legislature may limit or restrict the
66     emergency powers of a chief executive officer of a political subdivision for a state of
67     emergency that is extended by a joint resolution;
68          WHEREAS, pursuant to Subsection 53-2a-206(4)(c), the Legislature finds that
69     emergency drought conditions in the state at the time of this joint resolution warrant the
70     limitation or restriction of the emergency powers described in Section 53-2a-205 for a chief
71     executive officer of a local political subdivision;
72          WHEREAS, pursuant to Subsection 53-2a-206(4)(c), the Legislature finds that the chief
73     executive officer of a local political subdivision should not be authorized to exercise the
74     emergency powers described in Section 53-2a-205 under the state of emergency due to drought
75     conditions unless a local emergency for drought conditions is declared for that local political
76     subdivision under Section 53-2a-208; and
77          WHEREAS, nothing in the preceding paragraph affects a county legislative body's
78     powers under Section 17-8-7:
79          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
80     extends the state of emergency due to drought conditions, declared by Executive Order
81     2021-13, through October 31, 2021.
82          BE IT FURTHER RESOLVED that under the state of emergency due to drought
83     conditions, the governor may not exercise the emergency powers described in Subsections
84     53-2a-204(1)(c) through (f), (h), (i), and (j), and Subsection 53-2a-209(4).
85          BE IT FURTHER RESOLVED that, except for those powers enumerated in the
86     preceding paragraph, the emergency powers of the governor remain in force under the state of
87     emergency due to drought conditions.
88          BE IT FURTHER RESOLVED that under the state of emergency due to drought
89     conditions, the Division of Emergency Management must obtain the governor's approval before

90     exercising any emergency power described in Section 53-2a-104.
91          BE IT FURTHER RESOLVED that under the state of emergency due to drought
92     conditions, the chief executive officer of a local political subdivision may not exercise the
93     emergency powers described in Section 53-2a-205 unless the local political subdivision
94     declares a local emergency for drought conditions under Section 53-2a-208.
95          BE IT FURTHER RESOLVED that the preceding paragraph does not affect a county
96     legislative body's powers under Section 17-18-7.
97          BE IT FURTHER RESOLVED that a copy of this resolution be sent to Governor
98     Spencer J. Cox and the Division of Water Resources.