Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 96 Second Substitute (2021GS)

Sponsor

Rep. Harrison, S.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends definitions and defines terms;
• requires political subdivisions to designate an emergency manager and create an emergency operations plan;
• requires state agencies to coordinate with the Division of Emergency Management before construction of a state building in a flood plain;
• extends the sunset of the Emergency Management Administration Council;
• amends appointment of membership of the Utah Seismic Safety Commission; and
• makes technical changes.

Every vote on this bill

Bill text

EMERGENCY MANAGEMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Suzanne Harrison
Senate Sponsor: 
Michael K. McKell
Cosponsor:
Phil Lyman
LONG TITLE
General Description:
This bill amends provisions of the Emergency Management Act related to emergency
preparedness and response, and other duties of the Division of Emergency
Management.
Highlighted Provisions:
This bill:
▸ amends definitions and defines terms;
▸ requires political subdivisions to designate an emergency manager and create an
emergency operations plan;
▸ requires state agencies to coordinate with the Division of Emergency Management
before construction of a state building in a flood plain;
▸ extends the sunset of the Emergency Management Administration Council;
▸ amends appointment of membership of the Utah Seismic Safety Commission; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-2a-102
, as last amended by Laws of Utah 2020, Chapter 85
53-2a-104
, as last amended by Laws of Utah 2020, Chapter 85
53-2a-807
, as last amended by Laws of Utah 2020, Chapter 85
63C-6-101
, as last amended by Laws of Utah 2020, Chapter 154
63I-1-253
, as last amended by Laws of Utah 2020, Chapters 154, 174, 214, 234, 242,
269, 335, and 354
ENACTS:
53-2a-106
, Utah Code Annotated 1953
53-2a-1401
, Utah Code Annotated 1953
53-2a-1402
, Utah Code Annotated 1953
53-2a-1403
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-2a-102
 is amended to read:
53-2a-102.
Definitions.
As used in this chapter:
(1) "Alerting authority" means a political subdivision that has received access to send
alerts through the Integrated Public Alert and Warning System.
(2) "Attack" means a nuclear, cyber, conventional, biological, act of terrorism, or
chemical warfare action against the United States of America or this state.
(3) "Commissioner" means the commissioner of the Department of Public Safety or the
commissioner's designee.
(4) "Director" means the division director appointed under Section 
53-2a-103
 or the
director's designee.
(5) "Disaster" means an event that:
(a) causes, or threatens to cause, loss of life, human suffering, public or private
property damage, or economic or social disruption resulting from attack, internal disturbance,
natural phenomena, or technological hazard; and
(b) requires resources that are beyond the scope of local agencies in routine responses
to emergencies and accidents and may be of a magnitude or involve unusual circumstances that
require response by government, not-for-profit, or private entities.
(6) "Division" means the Division of Emergency Management created in Section
53-2a-103
.
(7) "Emergency manager" means an individual designated as the emergency manager
for a political subdivision as described in Section 
53-2a-1402
.
[
(7)
] 
(8)
 "Energy" includes the energy resources defined in this chapter.
[
(8)
] 
(9)
 "Expenses" means actual labor costs of government and volunteer personnel,
and materials.
[
(9)
] 
(10)
 "Hazardous materials emergency" means a sudden and unexpected release of
any substance that because of its quantity, concentration, or physical, chemical, or infectious
characteristics presents a direct and immediate threat to public safety or the environment and
requires immediate action to mitigate the threat.
[
(10)
] 
(11)
 "Internal disturbance" means a riot, prison break, terrorism, or strike.
[
(11)
] 
(12)
 "IPAWS" means the Integrated Public Alert and Warning System
administered by the Federal Emergency Management Agency.
[
(12)
] 
(13)
 "Municipality" means the same as that term is defined in Section 
10-1-104
.
[
(13)
] 
(14)
 "Natural phenomena" means any earthquake, tornado, storm, flood,
landslide, avalanche, forest or range fire, drought, or epidemic.
(15) "Officer" means a person who is elected or appointed to an office or position
within a political subdivision.
(16) "Political subdivision" means the same as that term is defined in Section
11-61-102
.
[
(14)
] 
(17)
 "State of emergency" means a condition in any part of this state that
requires state government emergency assistance to supplement the local efforts of the affected
political subdivision to save lives and to protect property, public health, welfare, or safety in
the event of a disaster, or to avoid or reduce the threat of a disaster.
[
(15)
] 
(18)
 "Technological hazard" means any hazardous materials accident, mine
accident, train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
[
(16)
] 
(19)
 "Terrorism" means activities or the threat of activities that:
(a) involve acts dangerous to human life;
(b) are a violation of the criminal laws of the United States or of this state; and
(c) to a reasonable person, would appear to be intended to:
(i) intimidate or coerce a civilian population;
(ii) influence the policy of a government by intimidation or coercion; or
(iii) affect the conduct of a government by mass destruction, assassination, or
kidnapping.
[
(17)
] 
(20)
 "Urban search and rescue" means the location, extrication, and initial
medical stabilization of victims trapped in a confined space as the result of a structural
collapse, transportation accident, mining accident, or collapsed trench.
Section 2. Section 
53-2a-104
 is amended to read:
53-2a-104.
Division duties -- Powers.
(1) The division shall:
(a) respond to the policies of the governor and the Legislature;
(b) perform functions relating to emergency management as directed by the governor
or by the commissioner, including:
(i) coordinating with state agencies and local governments the use of personnel and
other resources of these governmental entities as agents of the state during an interstate disaster
in accordance with the Emergency Management Assistance Compact described in Section
53-2a-402
;
(ii) coordinating the requesting, activating, and allocating of state resources during an
intrastate disaster or a local state of emergency;
(iii) receiving and disbursing federal resources provided to the state in a declared
disaster;
(iv) appointing a state coordinating officer who is the governor's representative and
who shall work with a federal coordinating officer during a federally declared disaster; and
(v) appointing a state recovery officer who is the governor's representative and who
shall work with a federal recovery officer during a federally declared disaster;
(c) prepare, implement, and maintain programs and plans to provide for:
(i) prevention and minimization of injury and damage caused by disasters;
(ii) prompt and effective response to and recovery from disasters;
(iii) identification of areas particularly vulnerable to disasters;
(iv) coordination of hazard mitigation and other preventive and preparedness measures
designed to eliminate or reduce disasters;
(v) assistance to local officials, state agencies, and the business and public sectors, in
developing emergency action plans;
(vi) coordination of federal, state, and local emergency activities;
(vii) coordination of emergency operations plans with emergency plans of the federal
government;
(viii) coordination of urban search and rescue activities;
(ix) coordination of rapid and efficient communications in times of emergency; and
(x) other measures necessary, incidental, or appropriate to this part;
(d) coordinate with local officials, state agencies, and the business and public sectors in
developing, implementing, and maintaining a state energy emergency plan in accordance with
Section 
53-2a-902
;
(e) coordinate with state agencies regarding development and construction of state
buildings within a flood plain to ensure compliance with minimum standards of the National
Flood Insurance Program, 42 U.S.C. Chapter 50, Subchapter I, as described in Section
53-2a-106
;
[
(e)
] 
(f)
 administer Part 6, Disaster Recovery Funding Act, in accordance with that
part;
[
(f)
] 
(g)
 conduct outreach annually to agencies and officials who have access to
IPAWS; and
[
(g)
] 
(h)
 coordinate with counties to ensure every county has the access and ability to
send, or a plan to send, IPAWS messages, including Wireless Emergency Alerts and
Emergency Alert System messages.
(2) Every three years, organizations that have the ability to send IPAWS messages,
including emergency service agencies, public safety answering points, and emergency
managers shall send verification of Federal Emergency Management Agency training to the
Division.
(3) (a) The Department of Public Safety shall designate state geographical regions and
allow the political subdivisions within each region to:
(i) coordinate planning with other political subdivisions, tribal governments, and as
appropriate, other entities within that region and with state agencies as appropriate, or as
designated by the division;
(ii) coordinate grant management and resource purchases; and
(iii) organize joint emergency response training and exercises.
(b) The political subdivisions within a region designated in Subsection (3)(a) may not
establish the region as a new government entity in the emergency disaster declaration process
under Section 
53-2a-208
.
(4) The division may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a) establish protocol for prevention, mitigation, preparedness, response, recovery, and
the activities described in Subsection (3);
(b) coordinate federal, state, and local resources in a declared disaster or local
emergency; and
(c) implement provisions of the Emergency Management Assistance Compact as
provided in Section 
53-2a-402
 and Title 53, Chapter 2a, Part 3, Statewide Mutual Aid Act.
(5) The division may consult with the Legislative Management Committee, the Judicial
Council, and legislative and judicial staff offices to assist the division in preparing emergency
succession plans and procedures under Title 53, Chapter 2a, Part 8, Emergency Interim
Succession Act.
(6) The division shall report annually in writing not later than October 31 to the Law
Enforcement and Criminal Justice, and Political Subdivisions Interim Committees regarding
the status of the emergency alert system in the state. The report shall include:
(a) a status summary of the number of alerting authorities in Utah;
(b) any changes in that number;
(c) administrative actions taken; and
(d) any other information considered necessary by the division.
Section 3. Section 
53-2a-106
 is enacted to read:
 53-2a-106.
Coordination for state development in a flood plain.
Any state agency that plans to develop or construct a building within a flood plain shall
consult and coordinate with the division to ensure compliance with minimum standards of the
National Flood Insurance Program, 42 U.S.C. Chapter 50, Subchapter I.
Section 4. Section 
53-2a-807
 is amended to read:
53-2a-807.
Emergency interim successors for local officers.
(1) By July 1 of each year, each political subdivision shall:
(a) for each officer 
and the emergency manager described in Part 14, Local Emergency
Management Act
, designate three emergency interim successors and specify their order of
succession;
(b) identify the political subdivision's alerting authority and any individuals authorized
to send emergency alerts;
(c) provide a list of those designated successors and individuals to the division; and
(d) have an emergency alert plan in place and provide a copy of the plan to the
division.
(2) In the event that a political subdivision does not designate emergency interim
successors as required under Subsection (1), the order of succession shall be as follows:
(a) the chief executive officer of the political subdivision;
(b) the chief deputy executive officer of the political subdivision;
(c) the chair of the legislative body of the political subdivision; and
(d) the chief law enforcement officer of the political subdivision.
(3) (a) Notwithstanding any other provision of law:
(i) if any political subdivision officer or the political subdivision officer's legal deputy,
if any, is unavailable, a designated emergency interim successor shall exercise the powers and
duties of the office according to the order of succession specified by the political subdivision
officer; or
(ii) counties may provide by ordinance that one member of the county legislative body
may act as the county legislative body if the other members are absent.
(b) An emergency interim successor shall exercise the powers and duties of the office
only until:
(i) the vacancy is filled in accordance with the constitution or statutes; or
(ii) the political subdivision officer, the political subdivision officer's deputy, or an
emergency interim successor earlier in the order of succession becomes available to exercise
the powers and duties of the office.
(4) The legislative bodies of each political subdivision may enact resolutions or
ordinances consistent with this part and also provide for emergency interim successors to
officers of the political subdivision not governed by this section.
Section 5. Section 
53-2a-1401
 is enacted to read:
Part 14. Local Emergency Management Act
 53-2a-1401.
Title.
This part is known as the "Local Emergency Management Act."
Section 6. Section 
53-2a-1402
 is enacted to read:
 53-2a-1402.
Designation and duties of emergency managers.
(1) Each political subdivision of the state of Utah shall designate an emergency
manager.
(2) A political subdivision may designate an officer of the political subdivision to serve
as the emergency manager.
(3) An emergency manager shall:
(a) create a plan to coordinate emergency preparedness, response, mitigation,
coordination, and other recovery activities; and
(b) coordinate with other emergency managers and officials to ensure efficient,
appropriate, and coordinated emergency preparedness, response, mitigation, and recovery.
(4) Each political subdivision shall provide for emergency interim succession of the
emergency manager as described in Part 8, Emergency Interim Succession Act.
Section 7. Section 
53-2a-1403
 is enacted to read:
 53-2a-1403.
Emergency operations plan.
(1) Each county shall create and maintain an emergency operations plan.
(2) Each city, town, and metro township shall:
(a) create and maintain an emergency operations plan; or
(b) adopt the emergency operations plan created by the county in which the city, town,
or metro township is located.
Section 8. Section 
63C-6-101
 is amended to read:
63C-6-101.
Creation of commission -- Membership -- Appointment -- Vacancies.
(1) There is created the Utah Seismic Safety Commission consisting of 15 members,
designated as follows:
(a) the director of the Division of Emergency Management or the director's designee;
(b) the director of the Utah Geological Survey or the director's designee;
(c) the director of the University of Utah Seismograph Stations or the director's
designee;
(d) the executive director of the Utah League of Cities and Towns or the executive
director's designee;
(e) a representative from the Structural Engineers Association of Utah biannually
selected by its membership;
(f) the director of the Division of Facilities Construction and Management or the
director's designee;
(g) the executive director of the Department of Transportation or the director's
designee;
(h) the State Planning Coordinator or the coordinator's designee;
(i) a representative from the American Institute of Architects, Utah Section;
(j) a representative from the American Society of Civil Engineers, Utah Section;
(k) [
two
] 
three
 individuals, appointed by the director of the Division of Emergency
Management, from earthquake-related organizations that have an interest in reducing
earthquake-related loss in the state
, with consideration given to recommendations of the Utah
Seismic Safety Commission
;
(l) the commissioner of the Department of Insurance or the commissioner's designee;
and
[
(m) a representative from the Association of Contingency Planners, Utah Chapter,
biannually selected by its membership; and
]
[
(n)
] 
(m)
 a representative from the American Public Works Association, Utah Chapter,
biannually selected by its membership.
(2) The commission shall annually select one of its members to serve as chair of the
commission.
(3) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
Section 9. Section 
63I-1-253
 is amended to read:
63I-1-253.
Repeal dates, Titles 53 through 53G.
(1) Section 
53-2a-105
, which creates the Emergency Management Administration
Council, is repealed July 1, [
] 
.
(2) Sections 
53-2a-1103
 and 
53-2a-1104
, which create the Search and Rescue Advisory
Board, are repealed July 1, 2022.
(3) Section 
53-5-703
, which creates the Concealed Firearm Review Board, is repealed
July 1, 2023.
(4) Subsection 
53-6-203
(1)(b)(ii), regarding being 19 years old at certification, is
repealed July 1, 2027.
(5) Subsection 
53-13-104
(6)(a), regarding being 19 years old at certification, is
repealed July 1, 2027.
(6) Section 
53B-6-105.5
, which creates the Technology Initiative Advisory Board, is
repealed July 1, 2024.
(7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
(8) Section 
53B-17-1203
, which creates the SafeUT and School Safety Commission, is
repealed January 1, 2025.
(9) Section 
53B-18-1501
 is repealed July 1, 2021.
(10) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
(11) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is repealed July
1, 2025.
(12) Subsection 
53C-3-203
(4)(b)(vii), which provides for the distribution of money
from the Land Exchange Distribution Account to the Geological Survey for test wells and other
hydrologic studies in the West Desert, is repealed July 1, 2030.
(13) Section 
53E-3-515
 is repealed January 1, 2023.
(14) In relation to a standards review committee, on January 1, 2023:
(a) in Subsection 
53E-4-202
(8), the language "by a standards review committee and the
recommendations of a standards review committee established under Section 
53E-4-203
" is
repealed; and
(b) Section 
53E-4-203
 is repealed.
(15) Subsections 
53E-3-503
(5) and (6), which create coordinating councils for youth in
custody, are repealed July 1, 2027.
(16) Section 
53E-4-402
, which creates the State Instructional Materials Commission, is
repealed July 1, 2022.
(17) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
repealed July 1, 2023.
(18) Subsection 
53E-8-204
(4), which creates the advisory council for the Utah Schools
for the Deaf and the Blind, is repealed July 1, 2021.
(19) Section 
53F-2-514
 is repealed July 1, 2020.
(20) Section 
53F-5-203
 is repealed July 1, 2024.
(21) Section 
53F-5-212
 is repealed July 1, 2024.
(22) Section 
53F-5-213
 is repealed July 1, 2023.
(23) Section 
53F-5-214
, in relation to a grant for professional learning, is repealed July
1, 2025.
(24) Section 
53F-5-215
, in relation to an elementary teacher preparation grant is
repealed July 1, 2025.
(25) Subsection 
53F-9-203
(7), which creates the Charter School Revolving Account
Committee, is repealed July 1, 2024.
(26) Section 
53F-9-501
 is repealed January 1, 2023.
(27) Subsections 
53G-4-608
(2)(b) and (4)(b), related to the Utah Seismic Safety
Commission, are repealed January 1, 2025.
(28) Subsection 
53G-8-211
(5), regarding referrals of a minor to court for a class C
misdemeanor, is repealed July 1, 2022.