1     
EMERGENCY RESPONSE FUNDING

2     
2023 FIRST SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val L. Peterson

5     
Senate Sponsor: Jerry W. Stevenson

6     =====================================================================
7     LONG TITLE

8     General Description:
9          This bill supplements or reduces appropriations otherwise provided for the support and
10     operation of state government for the fiscal year beginning July 1, 2022 and ending June 30, 2023
11     and for the fiscal year beginning July 1, 2023 and ending June 30, 2024.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides funding for flood related expenses;
15          ▸     provides funding for other purposes, as indicated; and
16          ▸     provides intent language.
17     Money Appropriated in this Bill:
18          This bill appropriates $5,000,000 in operating and capital budgets for fiscal year 2023, all of
19     which is from the General Fund.
20          This bill appropriates ($5,000,000) in expendable funds and accounts for fiscal year 2023, all
21     of which is from the General Fund.
22          This bill appropriates $8,000,000 in operating and capital budgets for fiscal year 2024,
23     including:
24          ▸     $5,000,000 from the General Fund; and
25          ▸     $3,000,000 from various sources as detailed in this bill.
26          This bill appropriates ($5,000,000) in expendable funds and accounts for fiscal year 2024, all
27     of which is from the General Fund.
28     Other Special Clauses:
29          Section 1 of this bill takes effect immediately. Section 2 of this bill takes effect on July 1,
30     2023.
31     Utah Code Sections Affected:

32          ENACTS UNCODIFIED MATERIAL
33     =====================================================================
34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. FY 2023 Appropriations. The following sums of money are appropriated for the
36     fiscal year beginning July 1, 2022 and ending June 30, 2023. These are additions to amounts
37     otherwise appropriated for fiscal year 2023.
38          Subsection 1(a). Operating and Capital Budgets. Under the terms and conditions of
39     Title 63J, Chapter 1, Budgetary Procedures Act, the Legislature appropriates the following sums of
40     money from the funds or accounts indicated for the use and support of the government of the state of
41     Utah.
42     Executive Offices and Criminal Justice
43     Department of Public Safety
44     Item 1
     To Department of Public Safety - Division of Homeland Security -
45     Emergency and Disaster Management
46     From General Fund, One-Time
5,000,000

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

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

69     Schedule of Programs:

70     Rehabilitation/Preservation
(20,000,000)

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

73     Schedule of Programs:
74     Maintenance Administration
20,000,000

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

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

92          Section 2. FY 2024 Appropriations. The following sums of money are appropriated for the
93     fiscal year beginning July 1, 2023 and ending June 30, 2024. These are additions to amounts
94     otherwise appropriated for fiscal year 2024.
95          Subsection 2(a). Operating and Capital Budgets. Under the terms and conditions of
96     Title 63J, Chapter 1, Budgetary Procedures Act, the Legislature appropriates the following sums of
97     money from the funds or accounts indicated for the use and support of the government of the state of
98     Utah.
99     Executive Offices and Criminal Justice
100     Department of Public Safety
101     Item 5
     To Department of Public Safety - Division of Homeland Security -
102     Emergency and Disaster Management
103     From General Fund Restricted - State Disaster Recovery Restr Acct, One-Time
104     
3,000,000

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

107          In accordance with Section 53-6a-606 of the Utah Code,

108     the Legislature intends that the Department of Public Safety
109     report to the Executive Appropriations Committee before
110     expending or committing to expend the funds provided by this
111     item.
112     Infrastructure and General Government
113     Department of Government Operations
114     Item 6
     To Department of Government Operations - Finance - Mandated
115     From General Fund, One-Time
5,000,000

116     Schedule of Programs:
117     Emergency Response
5,000,000

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

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

143          Section 3. Effective Date.
144          If approved by two-thirds of all the members elected to each house, Section 1 of this bill
145     takes effect upon approval by the Governor, or the day following the constitutional time limit of

146     Utah Constitution Article VII, Section 8 without the Governor's signature, or in the case of a veto,
147     the date of override. Section 2 of this bill takes effect on July 1, 2023.