(1) 

Terms Used In Utah Code 53-2a-1007

  • Energy: includes the energy resources defined in this chapter. See Utah Code 53-2a-102
  • energy resources: includes electricity, natural gas, gasoline and middle distillates, coal, wood fuels, geothermal sources, radioactive materials, and any other resource yielding energy. See Utah Code 53-2a-1003
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • 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. See Utah Code 53-2a-102
(a)  The governor may issue a proclamation declaring that a state of emergency exists with regard to one or more energy resources if the governor determines that an existing or imminent severe disruption or impending shortage in the supply of one or more energy resources, in this state or elsewhere:

(i)  threatens:

(A)  the availability of essential services or transportation; or

(B)  the operation of the economy; and

(ii)  because of the threats described in Subsection (1)(a)(i), jeopardizes the peace, health, safety, and welfare of the people of this state.

(b)  The proclamation declaring a state of emergency described in Subsection (1)(a) shall state with specificity the nature of the disruption or shortage in an energy resource.

(c) 

(i)  Within seven calendar days of the day on which the governor issues a proclamation declaring a state of emergency under this section, the Legislative Management Committee shall:

(A)  review the proclamation; and

(B)  advise the governor on the proclamation.

(ii)  The failure of the Legislative Management Committee to meet as required by Subsection (1)(c)(i) does not affect the validity of the proclamation declaring a state of emergency.

(2) 

(a)  A proclamation issued under this section, and any order or rule issued as a result of the proclamation shall continue in effect until 60 days from the date of the proclamation of the state of emergency unless the governor rescinds the proclamation and declares the emergency ended prior to the expiration of this 60-day period.

(b)  A proclamation issued within 30 days of the expiration of a prior proclamation for the same emergency shall be considered a renewal or extension subject to Subsection (3).

(3)  A proclamation may be renewed or extended only by joint resolution of the Legislature.

Renumbered and Amended by Chapter 295, 2013 General Session