1     
EMERGENCY RESPONSE AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: James A. Dunnigan

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions of the Emergency Management Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     modifies provisions related to the State Disaster Recovery Restricted Account;
14          ▸     provides that the Division of Emergency Management may enter into an agreement
15     with an entity to operate an emergency response team;
16          ▸     describes the purposes for which an emergency response team member is
17     considered an employee of the division; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          53-2a-603, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
26     ENACTS:
27          53-2a-1501, Utah Code Annotated 1953
28          53-2a-1502, Utah Code Annotated 1953

29          53-2a-1503, Utah Code Annotated 1953
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 53-2a-603 is amended to read:
33          53-2a-603. State Disaster Recovery Restricted Account.
34          (1) (a) There is created a restricted account in the General Fund known as the "State
35     Disaster Recovery Restricted Account."
36          (b) The disaster recovery account consists of:
37          (i) money deposited into the disaster recovery account in accordance with Section
38     63J-1-314;
39          (ii) money appropriated to the disaster recovery account by the Legislature; and
40          (iii) any other public or private money received by the division that is:
41          (A) given to the division for purposes consistent with this section; and
42          (B) deposited into the disaster recovery account at the request of:
43          (I) the division; or
44          (II) the person or entity giving the money.
45          (c) The Division of Finance shall deposit interest or other earnings derived from
46     investment of account money into the General Fund.
47          (2) Subject to being appropriated by the Legislature, money in the disaster recovery
48     account may only be expended or committed to be expended as follows:
49          (a) (i) subject to Section 53-2a-606, in any fiscal year the division may expend or
50     commit to expend an amount that does not exceed $500,000, in accordance with Section
51     53-2a-604, to fund costs to the state of emergency disaster services in response to a declared
52     disaster;
53          (ii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
54     to expend an amount that exceeds $500,000, but does not exceed $3,000,000, in accordance
55     with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to

56     a declared disaster if the division:
57          (A) before making the expenditure or commitment to expend, obtains approval for the
58     expenditure or commitment to expend from the governor;
59          (B) subject to Subsection (5), provides written notice of the expenditure or
60     commitment to expend to the speaker of the House of Representatives, the president of the
61     Senate, the Division of Finance, the Executive Offices and Criminal Justice Appropriations
62     Subcommittee, the Legislative Management Committee, and the Office of the Legislative
63     Fiscal Analyst no later than 72 hours after making the expenditure or commitment to expend;
64     and
65          (C) makes the report required by Subsection 53-2a-606(2);
66          (iii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
67     to expend an amount that exceeds $3,000,000, but does not exceed $5,000,000, in accordance
68     with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to
69     a declared disaster if, before making the expenditure or commitment to expend, the division:
70          (A) obtains approval for the expenditure or commitment to expend from the governor;
71     and
72          (B) submits the expenditure or commitment to expend to the Executive Appropriations
73     Committee in accordance with Subsection 53-2a-606(3); and
74          (iv) in any fiscal year the division may expend or commit to expend an amount that
75     does not exceed [$150,000] $500,000 to fund expenses incurred by the National Guard if:
76          (A) in accordance with Section 39-1-5, the governor orders into active service the
77     National Guard in response to a declared disaster; and
78          (B) the money is not used for expenses that qualify for payment as emergency disaster
79     services;
80          (b) money not described in Subsections (2)(a)(i), (ii), and (iii) may be expended or
81     committed to be expended to fund costs to the state directly related to a declared disaster that
82     are not costs related to:

83          (i) emergency disaster services;
84          (ii) emergency preparedness; or
85          (iii) notwithstanding whether a county participates in the Wildland Fire Suppression
86     Fund created in Section 65A-8-204, any fire suppression or presuppression costs that may be
87     paid for from the Wildland Fire Suppression Fund if the county participates in the Wildland
88     Fire Suppression Fund;
89          (c) to fund the Local Government Emergency Response Loan Fund created in Section
90     53-2a-607;
91          (d) the division may provide advanced funding from the disaster recovery account to
92     recognized agents of the state when:
93          (i) Utah has agreed, through the division, to enact the Emergency Management
94     Assistance Compact with another member state that has requested assistance during a declared
95     disaster;
96          (ii) Utah agrees to provide resources to the requesting member state;
97          (iii) the agent of the state who represents the requested resource has no other funding
98     source available at the time of the Emergency Management Assistance Compact request; and
99          (iv) the disaster recovery account has a balance of funds available to be utilized while
100     maintaining a minimum balance of [$10,000,000;] $5,000,000; and
101          [(e) the division may expend up to $3,200,000 during fiscal year 2019 to fund
102     operational costs incurred by the division during fiscal year 2019; and]
103          [(f)] (e) to fund up to $500,000 for the governor's emergency appropriations described
104     in Subsection 63J-1-217(4).
105          (3) All funding provided in advance to an agent of the state and subsequently
106     reimbursed shall be credited to the account.
107          (4) The state treasurer shall invest money in the disaster recovery account according to
108     Title 51, Chapter 7, State Money Management Act.
109          (5) (a) Except as provided in Subsections (1) and (2), the money in the disaster

110     recovery account may not be diverted, appropriated, expended, or committed to be expended
111     for a purpose that is not listed in this section.
112          (b) Notwithstanding Section 63J-1-410, the Legislature may not appropriate money
113     from the disaster recovery account to eliminate or otherwise reduce an operating deficit if the
114     money appropriated from the disaster recovery account is expended or committed to be
115     expended for a purpose other than one listed in this section.
116          (c) The Legislature may not amend the purposes for which money in the disaster
117     recovery account may be expended or committed to be expended except by the affirmative vote
118     of two-thirds of all the members elected to each house.
119          (6) The division:
120          (a) shall provide the notice required by Subsection (2)(a)(ii) using the best available
121     method under the circumstances as determined by the division; and
122          (b) may provide the notice required by Subsection (2)(a)(ii) in electronic format.
123          Section 2. Section 53-2a-1501 is enacted to read:
124     
Part 15. Emergency Response Team

125          53-2a-1501. Definitions.
126          As used in this part:
127          (1) "Emergency responder" includes a:
128          (a) firefighter;
129          (b) structural engineer;
130          (c) physician;
131          (d) paramedic; or
132          (e) technical rescue specialist.
133          (2) "Emergency response team" means a group of emergency responders placed at the
134     direction, control, and funding of the Division of Emergency Management, in accordance with
135     an agreement between the Division of Emergency Management and a sponsoring agency and
136     the provisions of this part, to assist in urban search and rescue:

137          (a) in response to a disaster, emergency, or important event; or
138          (b) in anticipation of a forecasted severe weather event, a flood, or a planned important
139     event.
140          (3) "Emergency response team member" means an individual who is:
141          (a) an emergency responder;
142          (b) a member of an emergency response team; and
143          (c) acting within the scope of the individual's duties for an emergency response team.
144          (4) "Important event" includes an event attended by one or more officials of the United
145     States or one or more foreign dignitaries and where a large crowd has or is anticipated to
146     gather.
147          (5) "Sponsoring agency" means an entity in the state that executes a written agreement
148     to organize a National Urban Search and Rescue Response System task force as described in 44
149     C.F.R. Part 208 to assist the Federal Emergency Management Agency during a disaster or
150     emergency.
151          Section 3. Section 53-2a-1502 is enacted to read:
152          53-2a-1502. Emergency response team agreement -- Creation.
153          (1) The division may enter into an agreement with a sponsoring agency to establish
154     terms and conditions that apply to an emergency response team.
155          (2) If the division enters into an agreement described in Subsection (1), the agreement
156     shall allow the division to reimburse the sponsoring agency for costs related to the operation of
157     an emergency response team at rates equivalent to those described in 44 C.F.R. Part 208.
158          Section 4. Section 53-2a-1503 is enacted to read:
159          53-2a-1503. Purposes for which an emergency response team member is
160     considered an employee of the division.
161          An emergency response team member is considered a division employee only for the
162     following purposes:
163          (1) receiving workers' compensation benefits, which shall be the exclusive remedy for

164     any injuries or occupational diseases, as provided under Title 34A, Chapter 2, Workers'
165     Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act;
166          (2) operating a motor vehicle or equipment if the emergency response team member is
167     properly licensed and authorized to do so; and
168          (3) receiving the protection and indemnification normally afforded a division
169     employee.