53-2a-602.  Definitions.

(1)  Unless otherwise defined in this section, the terms that are used in this part mean the same as those terms are defined in 1.

Terms Used In Utah Code 53-2a-602

  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Declared disaster: means one or more events:
(i) within the state;
(ii) that occur within a limited period of time;
(iii) that involve:
(A) a significant number of persons being at risk of bodily harm, sickness, or death; or
(B) a significant portion of real property at risk of loss;
(iv) that are sudden in nature and generally occur less frequently than every three years; and
(v) that results in:
(A) the president of the United States declaring an emergency or major disaster in the state;
(B) the governor declaring a state of emergency under 2; or
(C) the chief executive officer of a local government declaring a local emergency under 2. See Utah Code 53-2a-602
  • 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.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Local government: means :
    (i) a county;
    (ii) a city or town; or
    (iii) a special district or special service district that:
    (A) operates a water system;
    (B) provides transportation service;
    (C) provides, operates, and maintains correctional and rehabilitative facilities and programs for municipal, state, and other detainees and prisoners;
    (D) provides consolidated 911 and emergency dispatch service;
    (E) operates an airport; or
    (F) operates a sewage system. See Utah Code 53-2a-602
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 53-2a-102
  • Special district: means the same as that term is defined in Section 17B-1-102. See Utah Code 53-2a-602
  • Special service district: means the same as that term is defined in Section 17D-1-102. See Utah Code 53-2a-602
  • 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
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • (2)  As used in this part:

    (a)  “Agent of the state” means any representative of a state agency, local agency, or non-profit entity that agrees to provide support to a requesting intrastate or interstate government entity that has declared an emergency or disaster and has requested assistance through the division.

    (b)  “Declared disaster” means one or more events:

    (i)  within the state;

    (ii)  that occur within a limited period of time;

    (iii)  that involve:

    (A)  a significant number of persons being at risk of bodily harm, sickness, or death; or

    (B)  a significant portion of real property at risk of loss;

    (iv)  that are sudden in nature and generally occur less frequently than every three years; and

    (v)  that results in:

    (A)  the president of the United States declaring an emergency or major disaster in the state;

    (B)  the governor declaring a state of emergency under 2; or

    (C)  the chief executive officer of a local government declaring a local emergency under 2.

    (c)  “Disaster recovery account” means the State Disaster Recovery Restricted Account created in Section 53-2a-603.

    (d) 

    (i)  “Emergency disaster services” means:

    (A)  evacuation;

    (B)  shelter;

    (C)  medical triage;

    (D)  emergency transportation;

    (E)  repair of infrastructure;

    (F)  safety services, including fencing or roadblocks;

    (G)  sandbagging;

    (H)  debris removal;

    (I)  temporary bridges;

    (J)  procurement and distribution of food, water, or ice;

    (K)  procurement and deployment of generators;

    (L)  rescue or recovery;

    (M)  emergency protective measures; or

    (N)  services similar to those described in Subsections (2)(d)(i)(A) through (M), as defined by the division by rule, that are generally required in response to a declared disaster.

    (ii)  “Emergency disaster services” does not include:

    (A)  emergency preparedness; or

    (B)  notwithstanding whether or not a county participates in the Wildland Fire Suppression Fund created in Section 65A-8-204, any fire suppression or presuppression costs that may be paid for from the Wildland Fire Suppression Fund if the county participates in the Wildland Fire Suppression Fund.

    (e)  “Emergency preparedness” means the following done for the purpose of being prepared for an emergency as defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

    (i)  the purchase of equipment;

    (ii)  the training of personnel; or

    (iii)  the obtaining of a certification.

    (f)  “Governing body” means:

    (i)  for a county, city, or town, the legislative body of the county, city, or town;

    (ii)  for a special district, the board of trustees of the special district; and

    (iii)  for a special service district:

    (A)  the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or

    (B)  the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301.

    (g)  “Local fund” means a local government disaster fund created in accordance with Section 53-2a-605.

    (h)  “Local government” means:

    (i)  a county;

    (ii)  a city or town; or

    (iii)  a special district or special service district that:

    (A)  operates a water system;

    (B)  provides transportation service;

    (C)  provides, operates, and maintains correctional and rehabilitative facilities and programs for municipal, state, and other detainees and prisoners;

    (D)  provides consolidated 911 and emergency dispatch service;

    (E)  operates an airport; or

    (F)  operates a sewage system.

    (i)  “Special district” means the same as that term is defined in Section 17B-1-102.

    (j)  “Special fund” means a fund other than a general fund of a local government that is created for a special purpose established under the uniform system of budgeting, accounting, and reporting.

    (k)  “Special service district” means the same as that term is defined in Section 17D-1-102.

    (l)  “State’s prime interest rate” means the average interest rate paid by the state on general obligation bonds issued during the most recent fiscal year in which bonds were sold.

    Amended by Chapter 16, 2023 General Session