53-2a-1302.  Response, Recovery, and Post-disaster Mitigation Restricted Account.

(1)  There is created a restricted account in the General Fund known as the “Response, Recovery, and Post-disaster Mitigation Restricted Account.”

Terms Used In Utah Code 53-2a-1302

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
    • (2)  The account consists of:

    (a)  money appropriated to the account by the Legislature;

    (b)  money deposited into the account in accordance with Section 63J-1-314;

    (c)  income and interest derived from the deposit and investment of money in the account; and

    (d)  private donations, grants, gifts, bequests, or money made available from any other source to implement this section.

    (3) 

    (a)  At the close of a fiscal year, money in the account exceeding $50,000,000, excluding money granted to the account under Subsection (2)(d), shall be transferred to the State Disaster Recovery Restricted Account.

    (b)  Except as provided by Subsection (3)(a), money in the Response, Recovery, and Post-disaster Mitigation Restricted Account may only be used for the purposes set forth in this part.

    (4)  Subject to the requirements described in this part, and upon appropriation by the Legislature, the division may grant money appropriated from the account
         to an affected community for the affected community’s disaster response and recovery efforts as described in Section 53-2a-1303.

    (5) 

    (a)  Money in the account may only be expended or committed to be expended as provided in Subsections (5)(b) and (5)(c).

    (b)  Subject to Section 53-2a-606, in any fiscal year the division may expend or commit to expend for disaster response and recovery efforts as described in Section 53-2a-1303:

    (i)  an amount that does not exceed $500,000 in response to a disaster described in Subsection 53-2a-1303(2)(b);

    (ii)  an amount that exceeds $500,000 but does not exceed $3,000,000 for a disaster described in Subsection 53-2a-1303(2)(b) if the division:

    (A)  before making the expenditure or commitment to expend, obtains approval for the expenditure or commitment from the governor;

    (B)  provides written notice of the expenditure or commitment to expend to the speaker of the House of Representatives, the president of the Senate, the Division of Finance, the Executive Offices and Criminal Justice Appropriations Subcommittee, the Legislative Management Committee, and the Office of the Legislative Fiscal Analyst no later than 72 hours after making the expenditure or commitment to expend; and

    (C)  makes the report required by Subsection 53-2a-606(2); and

    (iii)  an amount that exceeds $3,000,000 but does not exceed $5,000,000, if, before making the expenditure or commitment to expend, the division:

    (A)  obtains approval for the expenditure or commitment from the governor; and

    (B)  submits the expenditure or commitment to expend to the Executive Appropriations Committee in accordance with Subsection 53-2a-606(3).

    (c)  Money paid by the division under this part to government entities and private persons providing emergency disaster services are subject to Title 63G, Chapter 6a, Utah Procurement Code.

    Amended by Chapter 434, 2023 General Session

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