EMERGENCY RESPONSE FUNDING

2023 FIRST SPECIAL SESSION

STATE OF UTAH

Chief Sponsor: Val L. Peterson

Senate Sponsor: Jerry W. Stevenson

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LONG TITLE

General Description:
     This bill supplements or reduces appropriations otherwise provided for the support and operation of state government for the fiscal year beginning July 1, 2022 and ending June 30, 2023 and for the fiscal year beginning July 1, 2023 and ending June 30, 2024.
Highlighted Provisions:
     This bill:
     ▸     provides funding for flood related expenses;
     ▸     provides funding for other purposes, as indicated; and
     ▸     provides intent language.
Money Appropriated in this Bill:
     This bill appropriates $5,000,000 in operating and capital budgets for fiscal year 2023, all of which is from the General Fund.
     This bill appropriates ($5,000,000) in expendable funds and accounts for fiscal year 2023, all of which is from the General Fund.
     This bill appropriates $8,000,000 in operating and capital budgets for fiscal year 2024, including:
     ▸     $5,000,000 from the General Fund; and
     ▸     $3,000,000 from various sources as detailed in this bill.
     This bill appropriates ($5,000,000) in expendable funds and accounts for fiscal year 2024, all of which is from the General Fund.
Other Special Clauses:
     Section 1 of this bill takes effect immediately. Section 2 of this bill takes effect on July 1, 2023.
Utah Code Sections Affected:
     ENACTS UNCODIFIED MATERIAL
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Be it enacted by the Legislature of the state of Utah:
     Section 1. FY 2023 Appropriations. The following sums of money are appropriated for the fiscal year beginning July 1, 2022 and ending June 30, 2023. These are additions to amounts otherwise appropriated for fiscal year 2023.
     Subsection 1(a). Operating and Capital Budgets. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the Legislature appropriates the following sums of money from the funds or accounts indicated for the use and support of the government of the state of Utah.
Executive Offices and Criminal Justice
Department of Public Safety
Item 1
     To Department of Public Safety - Division of Homeland Security - Emergency and Disaster Management
From General Fund, One-Time
5,000,000

Schedule of Programs:
Emergency and Disaster Management
5,000,000

     The Legislature intends that:
     1. the funds provided by this item only be used for reimbursement of infrastructure improvement costs associated with spring/summer 2023 flooding;
     2. the funds provided by this item not be used for response, protective action, or maintenance costs;
     3. the funds provided by this item not be used to reimburse private parties or governments for financial losses;
     4. the Department of Public Safety report to the Legislative Fiscal Analyst proposed uses of the funds provided by this item before expending or commiting to expend the funds;
     5. under Section 63J-1-603 of the Utah Code, the appropriation provided by this item not lapse at the close of fiscal year 2023; and
     6. any nonlapsing funds be restricted to the uses identified in paragraphs 1 through 3 above.
Infrastructure and General Government
Transportation
Item 2
     To Transportation - Highway System Construction
From Transportation Fund, One-Time
(20,000,000)

Schedule of Programs:
Rehabilitation/Preservation
(20,000,000)

Item 3
     To Transportation - Operations/Maintenance Management
From Transportation Fund, One-Time
20,000,000

Schedule of Programs:
Maintenance Administration
20,000,000

     Under Section 63J-1-603 of the Utah Code, the Legislature intends that up to $20,000,000 provided by this item not lapse at the close of fiscal year 2023 and may be used for costs associated with snow removal, avalanche control, slide mitigation, and other flood emergency impacts.
     Subsection 1(b). Expendable Funds and Accounts. The Legislature has reviewed the following expendable funds. The Legislature authorizes the State Division of Finance to transfer amounts between funds and accounts as indicated. Outlays and expenditures from the funds or accounts to which the money is transferred may be made without further legislative action, in accordance with statutory provisions relating to the funds or accounts.
Natural Resources, Agriculture, and Environmental Quality
Department of Natural Resources
Item 4
     To Department of Natural Resources - Wildland Fire Suppression Fund
From General Fund, One-Time
(5,000,000)

Schedule of Programs:
Wildland Fire Suppression Fund
(5,000,000)

     Section 2. FY 2024 Appropriations. The following sums of money are appropriated for the fiscal year beginning July 1, 2023 and ending June 30, 2024. These are additions to amounts otherwise appropriated for fiscal year 2024.
     Subsection 2(a). Operating and Capital Budgets. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the Legislature appropriates the following sums of money from the funds or accounts indicated for the use and support of the government of the state of Utah.
Executive Offices and Criminal Justice
Department of Public Safety
Item 5
     To Department of Public Safety - Division of Homeland Security - Emergency and Disaster Management
From General Fund Restricted - State Disaster Recovery Restr Acct, One-Time  
3,000,000

Schedule of Programs:
Emergency and Disaster Management
3,000,000

     In accordance with Section 53-6a-606 of the Utah Code, the Legislature intends that the Department of Public Safety report to the Executive Appropriations Committee before expending or committing to expend the funds provided by this item.
Infrastructure and General Government
Department of Government Operations
Item 6
     To Department of Government Operations - Finance - Mandated
From General Fund, One-Time
5,000,000

Schedule of Programs:
Emergency Response
5,000,000

     The Legislature intends that:
     1. the funds provided by this item be used to address infrastructure improvement costs associated with the spring/summer 2023 flood emergency, if necessary; and
     2. if the Governor's Office of Planning and Budget (GOPB) and Department of Public Safety (DPS) identify a need for this appropriation, before expending or committing to expend the funds provided by this item, and prior to November 30, 2023, GOPB and DPS submit to the Executive Appropriations Committee a report that includes proposed uses as well as recommendations for reallocating funds provided by this item to impacted budget line items as a fiscal year 2024 supplemental appropriation.
     Subsection 2(b). Expendable Funds and Accounts. The Legislature has reviewed the following expendable funds. The Legislature authorizes the State Division of Finance to transfer amounts between funds and accounts as indicated. Outlays and expenditures from the funds or accounts to which the money is transferred may be made without further legislative action, in accordance with statutory provisions relating to the funds or accounts.
Natural Resources, Agriculture, and Environmental Quality
Department of Natural Resources
Item 7
     To Department of Natural Resources - Wildland Fire Suppression Fund
From General Fund, One-Time
(5,000,000)

Schedule of Programs:
Wildland Fire Suppression Fund
(5,000,000)

     Section 3. Effective Date.
     If approved by two-thirds of all the members elected to each house, Section 1 of this bill takes effect upon approval by the Governor, or the day following the constitutional time limit of Utah Constitution Article VII, Section 8 without the Governor's signature, or in the case of a veto, the date of override. Section 2 of this bill takes effect on July 1, 2023.