53-2a-104.  Division duties — Powers.

(1)  Subject to limitation by the Legislature as described in Subsection 53-2a-206(5), the division shall:

Terms Used In Utah Code 53-2a-104

  • Commissioner: means the commissioner of the Department of Public Safety or the commissioner's designee. See Utah Code 53-2a-102
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • 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. See Utah Code 53-2a-102
  • Division: means the Division of Emergency Management created in Section 53-2a-103. See Utah Code 53-2a-102
  • Energy: includes the energy resources defined in this chapter. See Utah Code 53-2a-102
  • IPAWS: means the Integrated Public Alert and Warning System administered by the Federal Emergency Management Agency. See Utah Code 53-2a-102
  • Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 53-2a-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • 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. See Utah Code 53-2a-102
  • Writing: includes :Utah Code 68-3-12.5
  • (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, including use of state disaster response personnel in accordance with Section 53-2a-221, 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 emergency operation 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;

    (f)  administer 6, in accordance with that part;

    (g)  conduct outreach annually to agencies and officials who have access to IPAWS; and

    (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 3.

    (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 8.

    (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.

    Amended by Chapter 38, 2022 General Session