53-2a-1305.  Rulemaking authority and division responsibilities.

(1)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules to:

Terms Used In Utah Code 53-2a-1305

  • 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
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • (a)  designate the requirements and procedures
         for the governing body of an affected community to:

    (i)  apply for a disaster response and recovery grant; and

    (ii)  conduct an official damage assessment;

    (b)  establish standards to determine:

    (i)  the categories of and criteria for entities and costs that are eligible for grant funds; and

    (ii)  minimum threshold payment amounts and cost-sharing requirements; and

    (c)  establish standards and procedures to ensure that funds distributed in accordance with this part are distributed in a cost effective and equitable manner, are reasonably necessary for disaster response and recovery, are an appropriate and necessary use of public funds, and that all receipts and invoices are documented.

    (2)  No later than December 31 of each year, the division shall provide the governor and the Criminal Justice Appropriations Subcommittee a written report of the division’s activities under this part, including:

    (a)  an accounting of the money expended or committed to be expended under this part; and

    (b)  the balance of the account.

    Amended by Chapter 434, 2023 General Session