reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 6 - Disaster Recovery Funding Act › Section 609 - Division to make rules to administer the loan program.

Effective 5/10/2016
53-2a-609.
Division to make rules to administer the loan program.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing:
(1) form, content, and procedure for loan and grant applications;
(2) criteria and procedures for prioritizing loan and grant applications;
(3) requirements and procedures for securing loans and grants;
(4) procedures for making loans;
(5) procedures for administering and ensuring repayment of loans, including late payment penalties; and
(6) procedures for recovering on defaulted loans.
Enacted by Chapter 134, 2016 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 7 - Hazardous Materials Emergency Act › Section 703 - Hazardous materials emergency -- Recovery of expenses.

Effective 5/5/2021
53-2a-703.
Hazardous materials emergency -- Recovery of expenses.
(1)
(a) The Hazardous Chemical Emergency Response Commission may recover from those persons whose negligent actions caused the hazardous materials emergency, expenses directly associated with a response to a hazardous materials emergency taken under authority of this part, Title 53, Chapter 2a, Part 1, Emergency Management Act, or Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act, that are incurred by:
(i) a state agency;
(ii) a political subdivision as defined in Section 53-2a-203; or
(iii) an interlocal entity, described in Section 11-13-203, providing emergency services to a political subdivision pursuant to written agreement.
(b) The payment of expenses under this Subsection (1) is not an admission of liability or negligence in any legal action for damages.
(c) The Hazardous Chemical Emergency Response Commission may obtain assistance from the attorney general or a county attorney of the affected jurisdiction to assist in recovering expenses and legal fees.
(d) Any recovered costs shall be deposited in the General Fund as dedicated credits to be used by the division to reimburse an entity described in Subsection (1)(a) for costs incurred by the entity.
(2)
(a) If the cost directly associated with emergency response exceeds all available funds of the division within a given fiscal year, the division, with approval from the governor, may incur a deficit in its line item budget.
(b) The Legislature shall provide a supplemental appropriation in the following year to cover the deficit.
(c) The division shall deposit all costs associated with any emergency response that are collected in subsequent fiscal years into the General Fund.
(3) Any political subdivision may enact local ordinances pursuant to existing statutory or constitutional authority to provide for the recovery of expenses incurred by the political subdivision.
Amended by Chapter 437, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 8 - Emergency Interim Succession Act › Section 802 - Definitions.

Effective 6/1/2022
53-2a-802.
Definitions.
(1)
(a) "Absent" means:
(i) not physically present or not able to be communicated with for 48 hours; or
(ii) for local government officers, as defined by local ordinances.
(b) "Absent" does not include a person who can be communicated with via telephone, radio, or telecommunications.
(2) "Department" means the Department of Government Operations, the Department of Agriculture and Food, the Alcoholic Beverage Services Commission, the Department of Commerce, the Department of Cultural and Community Engagement, the Department of Corrections, the Department of Environmental Quality, the Department of Financial Institutions, the Department of Health, the Department of Workforce Services, the Labor Commission, the National Guard, the Department of Insurance, the Department of Natural Resources, the Department of Public Safety, the Public Service Commission, the Department of Human Services, the State Tax Commission, the Department of Transportation, any other major administrative subdivisions of state government, the State Board of Education, the Utah Board of Higher Education, the Utah Housing Corporation, the State Retirement Board, and each institution of higher education within the system of higher education.
(3) "Division" means the Division of Emergency Management established in Title 53, Chapter 2a, Part 1, Emergency Management Act.
(4) "Emergency interim successor" means a person designated by this part to exercise the powers and discharge the duties of an office when the person legally exercising the powers and duties of the office is unavailable.
(5) "Executive director" means the person with ultimate responsibility for managing and overseeing the operations of each department, however denominated.
(6)
(a) "Office" includes all state and local offices, the powers and duties of which are defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
(b) "Office" does not include the office of governor or the legislative or judicial offices.
(7) "Place of governance" means the physical location where the powers of an office are being exercised.
(8) "Political subdivision" includes counties, cities, towns, metro townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.
(9) "Political subdivision officer" means a person holding an office in a political subdivision.
(10) "State officer" means the attorney general, the state treasurer, the state auditor, and the executive director of each department.
(11) "Unavailable" means:
(a) absent from the place of governance during a disaster that seriously disrupts normal governmental operations, whether or not that absence or inability would give rise to a vacancy under existing constitutional or statutory provisions; or
(b) as otherwise defined by local ordinance.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 8 - Emergency Interim Succession Act › Section 803 - Emergency interim successor to office of governor.

53-2a-803.
Emergency interim successor to office of governor.
(1) If the governor is unavailable, and if the lieutenant governor, president of the Senate, and the speaker of the House of Representatives are unavailable to exercise the powers and duties of the office of governor, the attorney general, state auditor, or state treasurer shall, in the order named, exercise the powers and duties of the office of governor until:
(a) the governor, lieutenant governor, president of the Senate, or speaker of the House of Representatives becomes available; or
(b) a new governor is elected and qualified.
(2) Notwithstanding the provisions of Subsection (1), no emergency interim successor to the lieutenant governor, president of the Senate, speaker of the House of Representatives, attorney general, state auditor, or state treasurer may serve as governor.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 8 - Emergency Interim Succession Act › Section 804 - Emergency interim successors for state officers.

53-2a-804.
Emergency interim successors for state officers.
(1) By July 1 of each year, each state officer shall:
(a) designate three qualified emergency interim successors from within the state officer's department who meet the constitutional qualifications for the office, if any;
(b) specify their order of succession;
(c) provide a list of those designated successors to the division; and
(d) notify emergency interim successors within 30 days of designation.
(2)
(a) If any state officer is unavailable following a disaster, and if the state officer's deputy, if any, is also unavailable, a designated emergency interim successor shall exercise the powers and duties of the office according to the order of succession specified by the state officer.
(b) An emergency interim successor other than the attorney general, state auditor, or state treasurer shall exercise the state officer's powers and duties only until:
(i) the person exercising the powers and duties of the office of governor appoints a successor to fill the vacancy;
(ii) a permanent successor is appointed or elected and qualified as provided by law; or
(iii) the state officer, the state officer's deputy, or an emergency interim successor earlier in the order of succession becomes available to exercise or resume the exercise of the powers and duties of the office.
(c) An emergency interim successor of the attorney general, state auditor, or state treasurer shall exercise the powers and duties of those offices only until:
(i) a permanent successor is appointed or elected and qualified as provided by law; or
(ii) the attorney general, state auditor, or state treasurer, their deputy, or an emergency interim successor earlier in the order of succession becomes available to exercise or resume the exercise of the powers and duties of the office.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 8 - Emergency Interim Succession Act › Section 805 - Division to consult with legislative and judicial branch.

53-2a-805.
Division to consult with legislative and judicial branch.
The Division of Emergency Management 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.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 8 - Emergency Interim Succession Act › Section 806 - Place of legislative session.

53-2a-806.
Place of legislative session.
(1) If the governor or the governor's interim successor declares a state of emergency or finds that a state of emergency is imminent, and the governor or the interim successor determines that the prescribed place of session is unsafe, the governor may change the place of session to any place in Utah that the governor considers safe and convenient.
(2) Each legislator shall proceed to the place of session as expeditiously as practicable.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 8 - Emergency Interim Succession Act › Section 807 - Emergency interim successors for local officers.

Effective 5/5/2021
53-2a-807.
Emergency interim successors for local officers.
(1) By July 1 of each year, each political subdivision shall:
(a) for each officer and the emergency manager described in Part 14, Local Emergency Management Act, designate three emergency interim successors and specify their order of succession;
(b) identify the political subdivision's alerting authority and any individuals authorized to send emergency alerts;
(c) provide a list of those designated successors and individuals to the division; and
(d) have an emergency alert plan in place and provide a copy of the plan to the division.
(2) In the event that a political subdivision does not designate emergency interim successors as required under Subsection (1), the order of succession shall be as follows:
(a) the chief executive officer of the political subdivision;
(b) the chief deputy executive officer of the political subdivision;
(c) the chair of the legislative body of the political subdivision; and
(d) the chief law enforcement officer of the political subdivision.
(3)
(a) Notwithstanding any other provision of law:
(i) if any political subdivision officer or the political subdivision officer's legal deputy, if any, is unavailable, a designated emergency interim successor shall exercise the powers and duties of the office according to the order of succession specified by the political subdivision officer; or
(ii) counties may provide by ordinance that one member of the county legislative body may act as the county legislative body if the other members are absent.
(b) An emergency interim successor shall exercise the powers and duties of the office only until:
(i) the vacancy is filled in accordance with the constitution or statutes; or
(ii) the political subdivision officer, the political subdivision officer's deputy, or an emergency interim successor earlier in the order of succession becomes available to exercise the powers and duties of the office.
(4) The legislative bodies of each political subdivision may enact resolutions or ordinances consistent with this part and also provide for emergency interim successors to officers of the political subdivision not governed by this section.
Amended by Chapter 106, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 8 - Emergency Interim Succession Act › Section 808 - Formalities of taking office.

53-2a-808.
Formalities of taking office.
(1) At the time that they are appointed as emergency interim successors or special emergency judges, emergency interim successors and special emergency judges shall sign prospectively whatever oath is required to enable them to exercise the powers and duties of the office to which they may succeed.
(2) Notwithstanding any other provision of law, no person is required to comply with any other provision of law relative to taking office as a prerequisite to the exercise of the powers or discharge of the duties of an office to which the person succeeds.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 8 - Emergency Interim Succession Act › Section 809 - Period in which authority may be exercised.

53-2a-809.
Period in which authority may be exercised.
(1) Persons authorized to act as governor, emergency interim successors, and special emergency judges shall exercise the powers and duties of the office to which they succeed only when a disaster has occurred.
(2)
(a) Emergency interim successors serve for 30 days after the date the governor or the governor's emergency successor calls the Legislature into special session, unless the unavailability of the elected official ends or an emergency interim successor earlier in the order of succession becomes available before expiration of the 30-day period.
(b) Notwithstanding the provisions of Subsection (2)(a), if the emergency interim successor is serving for a legislator who is killed or resigns, the emergency interim successor shall serve until the legislator's legal replacement is sworn in.
(3) The Legislature, by concurrent resolution, may:
(a) terminate the authority of any or all emergency interim successors and special emergency judges to exercise the powers and duties of their office at any time; and
(b) extend the time during which any or all emergency interim successors and special emergency judges may exercise the powers and duties of their office.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 8 - Emergency Interim Succession Act › Section 810 - Removal of designees.

53-2a-810.
Removal of designees.
Until the persons designated as emergency interim successors or special emergency judges succeed to the exercise of the powers and duties of an office, they shall serve as emergency interim successors or special emergency judges at the pleasure of the designating authority and may be removed and replaced by the designating authority at any time, with or without cause.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 8 - Emergency Interim Succession Act › Section 811 - Disputes.

53-2a-811.
Disputes.
Except for factual disputes concerning the office of governor, the governor shall adjudicate any dispute concerning a question of fact arising under this part concerning a state officer. The governor's decision is final.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 8 - Emergency Interim Succession Act › Section 812 - Governor to declare location of emergency seat of government.

53-2a-812.
Governor to declare location of emergency seat of government.
(1) Whenever, due to an emergency resulting from the effects of a disaster, it becomes imprudent, inexpedient, or impossible to conduct the affairs of the state government in Salt Lake City, Utah, the governor shall:
(a) by proclamation, declare an emergency temporary location for the seat of government in Utah; and
(b) take whatever action and issue whatever orders are necessary for an orderly transition of the affairs of the state government to that emergency temporary location.
(2) That emergency temporary location shall remain as the seat of government until the Legislature establishes a new location by law, or until the emergency is declared to be ended by the governor and the seat of government is returned to its normal location.
(3) Local governments may provide, by ordinance, for temporary emergency locations for the seat of government.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 8 - Emergency Interim Succession Act › Section 813 - Official acts at emergency seat of government -- Validity.

53-2a-813.
Official acts at emergency seat of government -- Validity.
During the time when the seat of government remains at an emergency location, all official acts required by law to be performed at the seat of government by any officer, agency, department, or authority of this state or local government, including the convening and meeting of the Legislature in regular, extraordinary, or emergency session, shall be as valid and binding as when performed at the normal location of the seat of government.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 9 - Energy Emergency Plan › Section 902 - Energy emergency plan.

Effective 3/10/2016
53-2a-902.
Energy emergency plan.
(1) The division shall develop an energy emergency plan consistent with Title 53, Chapter 2a, Part 10, Energy Emergency Powers of the Governor Act.
(2) In developing the energy emergency plan, the division shall coordinate with:
(a) the Division of Public Utilities;
(b) the Division of Oil, Gas, and Mining;
(c) the Division of Air Quality; and
(d) the Department of Agriculture and Food with regard to weights and measures.
(3) The energy emergency plan shall:
(a) designate the division as the entity that will coordinate the implementation of the energy emergency plan;
(b) provide for annual review of the energy emergency plan;
(c) provide for cooperation with public utilities and other relevant private sector persons;
(d) provide a procedure for maintaining a current list of contact persons required under the energy emergency plan; and
(e) provide that the energy emergency plan may only be implemented if the governor declares:
(i) a state of emergency as provided in Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act; or
(ii) a state of emergency related to energy as provided in Title 53, Chapter 2a, Part 10, Energy Emergency Powers of the Governor Act.
(4) If an event requires the implementation of the energy emergency plan, the division shall report on that event and the implementation of the energy emergency plan to:
(a) the governor; and
(b) the Public Utilities, Energy, and Technology Interim Committee.
(5) If the energy emergency plan includes a procedure for obtaining information, the energy emergency plan shall incorporate reporting procedures that conform to existing requirements of federal, state, and local regulatory authorities wherever possible.
Amended by Chapter 13, 2016 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 10 - Energy Emergency Powers of the Governor Act › Section 1002 - Legislative findings and purpose.

53-2a-1002.
Legislative findings and purpose.
(1) The Legislature finds that the lack of energy resources and other energy resource emergencies may threaten the availability of essential services and transportation and the operation of the economy, jeopardizing the peace, health, safety, and welfare of the people of this state.
(2) The Legislature further finds that it is necessary to provide an orderly procedure for anticipating and responding to energy resource shortages and disruptions and to grant, under conditions prescribed in this part, emergency powers to the governor to order involuntary curtailments in the use of energy resources.
(3) The Legislature further finds and declares that it is the policy of this state to assist the United States in effective management and control of factors and situations as contribute to an emergency affecting or likely to affect this state; to cooperate with other states in matters related to an emergency affecting or likely to affect this state; to meet extraordinary conditions in this state arising out of the crisis by taking steps as are necessary and appropriate; and generally to protect the peace, health, safety, and welfare of the people of this state.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 10 - Energy Emergency Powers of the Governor Act › Section 1003 - "Energy resources" defined.

53-2a-1003.
"Energy resources" defined.
As used in this part, "energy resources" includes electricity, natural gas, gasoline and middle distillates, coal, wood fuels, geothermal sources, radioactive materials, and any other resource yielding energy.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 10 - Energy Emergency Powers of the Governor Act › Section 1004 - Information-gathering powers -- Subpoena power -- Coordination with other regulatory authorities.

53-2a-1004.
Information-gathering powers -- Subpoena power -- Coordination with other regulatory authorities.
(1) On a continuing basis the governor may obtain all necessary information from energy resource producers, manufacturers, suppliers, and consumers doing business within, and from political subdivisions in, this state as necessary to determine whether shortages or an emergency will require energy resource conservation measures. This information may include, but shall not be limited to:
(a) sales volumes;
(b) forecasts of energy resource requirements;
(c) from manufacturers, suppliers, and consumers, an inventory of energy resources; and
(d) local distribution patterns of the information described in Subsections (1)(a), (1)(b), and (1)(c).
(2) In obtaining information at any time from energy resource producers, manufacturers, suppliers, or consumers under Subsection (1)(c) and in obtaining any other information under Subsection (1) during a state of emergency proclaimed, the governor may subpoena witnesses, material and relevant books, papers, accounts, records, and memoranda, administer oaths, and cause the depositions of persons residing within or without the state to be taken in the manner prescribed for depositions in civil actions in district courts, to obtain information relevant to energy resources that are the subject of the proclaimed emergency.
(3) In obtaining information under this section the governor shall:
(a) seek to avoid eliciting information already furnished by a person or political subdivision in this state to a federal, state, or local regulatory authority that is available for the governor's study; and
(b) cause reporting procedures, including forms, to conform to existing requirements of federal, state, and local regulatory authorities wherever possible.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 10 - Energy Emergency Powers of the Governor Act › Section 1005 - Confidential nature of information preserved -- Relief from subpoena -- Unauthorized disclosure as misdemeanor -- Removal from office.

53-2a-1005.
Confidential nature of information preserved -- Relief from subpoena -- Unauthorized disclosure as misdemeanor -- Removal from office.
(1) Information furnished pursuant to Section 53-2a-1004 and designated by that person as confidential shall be maintained as confidential by the governor and any person who obtains information which the person knows to be confidential under this part. The governor shall not make known in any manner any particulars of such information to persons other than those specified in Subsection (4). No subpoena or judicial order may be issued compelling the governor or any other person to divulge or make known such confidential information, except when relevant to a prosecution for violation of Subsection (5).
(2) Nothing in this section shall prohibit the use of confidential information to prepare statistics or other general data for publication, so presented as to prevent identification of particular persons.
(3) Any person who is served with a subpoena to give testimony orally or in writing, or to produce books, papers, correspondence, memoranda, agreements, or other documents or records pursuant to this part may apply to any district court of this state for protection against abuse or hardship in the manner provided by law.
(4) References to the governor in this section include the governor and any other individuals designated for this purpose in writing by the governor.
(5) Any person who wilfully discloses confidential information in violation of this section is guilty of a class A misdemeanor and, in addition, may be subject to removal from office or immediate dismissal from public employment.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 10 - Energy Emergency Powers of the Governor Act › Section 1006 - Curtailment of energy use -- Standby priorities -- Restriction on involuntary curtailment.

53-2a-1006.
Curtailment of energy use -- Standby priorities -- Restriction on involuntary curtailment.
In consultation with appropriate federal and state officials and officials of political subdivisions in this state, the governor shall cause to be established, and revised as appropriate, standby priorities for curtailment in the use of energy resources. Involuntary curtailments, however, may be ordered only by means of executive orders issued pursuant to this part.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 10 - Energy Emergency Powers of the Governor Act › Section 1007 - Proclamation of emergency -- Effective period -- Extension of renewal by Legislature.

53-2a-1007.
Proclamation of emergency -- Effective period -- Extension of renewal by Legislature.
(1)
(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
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 10 - Energy Emergency Powers of the Governor Act › Section 1008 - Curtailment, adjustment, and allocation of energy use by executive orders -- Limitations and considerations in issuance and application.

53-2a-1008.
Curtailment, adjustment, and allocation of energy use by executive orders -- Limitations and considerations in issuance and application.
(1) Upon issuance of a proclamation pursuant to Section 53-2a-1007, the governor in addition may by executive order:
(a) require reduction in energy resource usage and the application of conservation, prevention of waste, and the salvaging of energy resources and the materials, services, and facilities derived therefrom or dependent thereon, by state agencies and political subdivisions in this state;
(b) direct the establishment by state agencies and political subdivisions in this state of programs necessary to implement and comply with federal energy conservation programs where these programs have not theretofore been so established, including, but not limited to, allocation or rationing of energy resources and the distribution of the state's discretionary allotments;
(c) require involuntary curtailments, adjustments, or allocations in the supply and consumption of energy resources applicable to all suppliers and consumers including, but not limited to, specification of the times and manner in which these resources are supplied or consumed; or
(d) prescribe and direct activities promoting the conservation, prevention of waste, and salvage of energy resources and the materials, services, and facilities derived therefrom or dependent thereon, including, but not limited to, the modification of transportation routes and schedules, or the suspension of weight limits or other restrictions from the transportation of energy resources, to the extent permissible under federal law and regulations.
(2) Any restrictions, curtailments, adjustments, or allocations pursuant to Subsection (1) shall:
(a) be ordered and continue only so long as demonstrably necessary for the maintenance of essential services or transportation, or the continued operation of the economy but no longer than the duration of the proclamation;
(b) be applied as uniformly as practicable within each class of suppliers and consumers and without discrimination within a class; and
(c) give due consideration to the needs of commercial, retail, professional, and service establishments whose normal function is to supply goods or services or both of an essential nature, including, but not limited to, food, lodging, fuel, or medical care facilities during times of the day other than conventional daytime working hours.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 10 - Energy Emergency Powers of the Governor Act › Section 1009 - Other emergency powers of governor unaffected.

53-2a-1009.
Other emergency powers of governor unaffected.
The powers vested in the governor under this part shall be in addition to, and not in lieu of, any other emergency powers otherwise constitutionally or statutorily vested in the governor.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 10 - Energy Emergency Powers of the Governor Act › Section 1010 - Existing agencies to be used in implementation.

53-2a-1010.
Existing agencies to be used in implementation.
The governor shall use, to the extent practicable, existing state boards, commissions, or agencies or officers or employees for the purpose of carrying out the provisions of this part.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 10 - Energy Emergency Powers of the Governor Act › Section 1011 - Enforcement of orders and rules.

53-2a-1011.
Enforcement of orders and rules.
The governor may apply to any district court for appropriate equitable relief against any person violating or failing to carry out the provisions of this part or any order or rule issued pursuant to this part.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 10 - Energy Emergency Powers of the Governor Act › Section 1012 - Rules and regulations -- Approval by Legislature.

53-2a-1012.
Rules and regulations -- Approval by Legislature.
The board, commission, or agency designated by the governor for carrying out the provisions of this part is authorized to promulgate rules and regulations as are necessary for effective administration of this part with approval of the Legislature.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 11 - Search and Rescue Act › Section 1103 - Search and Rescue Advisory Board -- Members -- Compensation.

Affected by 63I-1-253 on 7/1/2027
Effective 5/12/2020
53-2a-1103.
Search and Rescue Advisory Board -- Members -- Compensation.
(1) There is created the Search and Rescue Advisory Board consisting of seven members appointed as follows:
(a) two representatives designated by the Utah Sheriff's Association, who are members of a voluntary search and rescue unit operating in the state, one of whom is from a county having a population of 75,000 or more; and one from a county having a population of less than 75,000;
(b) three sheriffs designated by the Utah Sheriff's Association, at least one of whom shall be from a county having a population of 75,000 or more, and at least one of whom shall be from a county having a population of less than 75,000;
(c) one representative of the Division of Emergency Management designated by the director; and
(d) one private citizen appointed by the governor with the advice and consent of the Senate.
(2)
(a) The term of each member of the board is four years.
(b) A member may be reappointed to successive terms.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(d) In order to stagger the terms of membership, the members appointed or reappointed to represent the Utah Sheriff's Association on or after May 2, 2005, shall serve a term of two years, and all subsequent terms shall be four years.
(3) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 352, 2020 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 11 - Search and Rescue Act › Section 1104 - General duties of the Search and Rescue Advisory Board.

Affected by 63I-1-253 on 7/1/2027
Effective 5/12/2015
53-2a-1104.
General duties of the Search and Rescue Advisory Board.
The duties of the Search and Rescue Advisory Board shall include:
(1) conducting a board meeting at least once per quarter;
(2) receiving applications for reimbursement of eligible expenses from county search and rescue operations by the end of the first quarter of each calendar year;
(3) determining the reimbursement to be provided from the Search and Rescue Financial Assistance Program to each applicant;
(4) standardizing the format and maintaining key search and rescue statistical data from each county within the state; and
(5) disbursing funds accrued in the Search and Rescue Financial Assistance Program, created under Section 53-2a-1102, to eligible applicants.
Amended by Chapter 258, 2015 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 12 - Facilitating Business Rapid Response to State Declared Disasters Act › Section 1201 - Title.

Effective 5/13/2014
53-2a-1201.
Title.
This part is known as the "Facilitating Business Rapid Response to State Declared Disasters Act."
Enacted by Chapter 376, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 12 - Facilitating Business Rapid Response to State Declared Disasters Act › Section 1202 - Definitions.

Effective 5/13/2014
53-2a-1202.
Definitions.
As used in this part:
(1) "Declared state disaster or emergency" means a declared disaster as defined in Section 53-2a-602.
(2) "Disaster- or emergency-related work" means repairing, renovating, installing, building, rendering services, or other business activities that relate to infrastructure that has been damaged, impaired, or destroyed by a declared state disaster or emergency.
(3) "Disaster period" means a period that begins within 10 days after the first day of a declared state disaster or emergency and that extends for a period of 60 calendar days after the end of the declared state disaster or emergency.
(4) "Infrastructure" means property and equipment owned or used by communications networks, electric generation systems, transmission and distribution systems, gas distribution systems, water pipelines, and related support facilities that serve multiple customers or citizens, including real and personal property, such as buildings, offices, power and communication lines and poles, pipes, structures, and equipment.
(5) "Out-of-state business" means a business entity that:
(a) has no presence in the state, other than any prior disaster- or emergency-related work, and conducts no business in the state, and whose services are requested by a registered business or by a state or local government for purposes of performing disaster- or emergency-related work in the state; and
(b) has no registration or tax filings or presence sufficient to require the collection or payment of a tax in the state prior to the declared state disaster or emergency.
(6) "Out-of-state employee" means an employee who does not work in the state, except for disaster- or emergency-related work during the disaster period.
(7) "Registered business" means a business entity that is currently registered to do business in the state prior to the declared state disaster or emergency.
Enacted by Chapter 376, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 12 - Facilitating Business Rapid Response to State Declared Disasters Act › Section 1203 - Business and employee status during disaster period.

Effective 5/13/2014
53-2a-1203.
Business and employee status during disaster period.
(1) Notwithstanding any other provision, an out-of-state business that conducts operations within the state for purposes of performing work or services related to a declared state disaster or emergency during the disaster period:
(a) is not considered to have established a level of presence that would require that business to be subject to any state licensing or registration requirements, provided that the out-of-state business is in substantial compliance with all applicable regulatory and licensing requirements in its state of domicile, including:
(i) unemployment insurance;
(ii) state or local occupational licensing fees;
(iii) public service commission regulation; or
(iv) state or local licensing or regulatory requirements; and
(b) is exempt from the registration requirements under Title 16, Corporations, Title 42, Names, and Title 48, Unincorporated Business Entity Act; and
(c) shall, within a reasonable time after entry, upon the request of the Labor Commission or the Department of Insurance, confirm that it is in compliance with Subsections 34A-2-406(1)(a), (1)(b), and (2).
(2) Notwithstanding any other provision, an out-of-state employee who performs disaster- or emergency-related work specific to a declared state disaster or emergency during the disaster period is not subject to any state licensing or registration requirements provided that the out-of-state employee is in substantial compliance with all applicable regulatory and licensing requirements in the employee's state of residence or state of employment.
(3)
(a) Income taxation related to an out-of-state employee or an out-of-state business is as provided in:
(i)Title 59, Chapter 7, Corporate Franchise and Income Taxes; and
(ii)Title 59, Chapter 10, Individual Income Tax Act.
(b) Sales and use taxation during a disaster period is as provided in Title 59, Chapter 12, Sales and Use Tax Act.
(c) Any property brought into the state temporarily during the disaster period is not subject to any state or local ad valorem taxes under Title 59, Chapter 2, Property Tax Act.
Enacted by Chapter 376, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 12 - Facilitating Business Rapid Response to State Declared Disasters Act › Section 1204 - Business or employee activity after disaster period.

Effective 5/13/2014
53-2a-1204.
Business or employee activity after disaster period.
Any out-of-state business or out-of-state employee that remains in the state after the disaster period will become subject to the state's normal standards for establishing presence or residency, or doing business in the state.
Enacted by Chapter 376, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 12 - Facilitating Business Rapid Response to State Declared Disasters Act › Section 1205 - Administration -- Notification and procedures.

Effective 5/4/2022
53-2a-1205.
Administration -- Notification and procedures.
(1) Any out-of-state business that enters the state shall, within a reasonable time after entry, not to exceed 30 days, provide to the Division of Professional Licensing a statement that it is in the state for purposes of responding to the disaster or emergency, which statement shall include the business's:
(a) name;
(b) state of domicile;
(c) principal business address;
(d) federal tax identification number;
(e) date of entry;
(f) contact information; and
(g) evidence of compliance with the regulatory or licensing requirements in Section 53-2a-1203, such as a copy of applicable permits or licenses.
(2) Any affiliate of a registered business in the state and any out-of-state business that is registered as a public utility in another state and that is providing assistance under the terms of a utility multistate mutual aid agreement shall not be required to provide the information required in Subsection (1), unless requested by the Division of Professional Licensing within a reasonable period of time.
(3) An out-of-state business or an out-of-state employee that remains in the state after the disaster period shall complete state and local registration, licensing, and filing requirements that establish the requisite business presence or residency in the state.
(4) The Division of Professional Licensing shall:
(a) make rules necessary to implement Subsection (3);
(b) develop and provide forms or online processes; and
(c) maintain and make available an annual report of any designations made pursuant to this section.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 13 - Response, Recovery, and Post-disaster Mitigation Restricted Account › Section 1301 - Definitions.

Effective 5/3/2023
53-2a-1301.
Definitions.
As used in the part:
(1) "Account" means the Response, Recovery, and Post-disaster Mitigation Restricted Account created in Section 53-2a-1302.
(2) "Affected community" means a community directly affected by an ongoing or recent disaster.
(3) "Affected community member" means a resident, property owner, business, nonprofit, or other individual or entity that is:
(a) located within an affected community; and
(b) suffered damage due to the ongoing or recent disaster in the affected community.
(4) "Community" means a county, municipality, special district, or special service district.
(5) "Disaster response and recovery" means:
(a) action taken to respond to and recover from a disaster, including action taken to remove debris, implement life-saving emergency protective measures, or repair, replace, or restore facilities in response to a disaster; and
(b) post-disaster hazard mitigation directly related to the recovery from the disaster described in Subsection (5)(a).
(6) "Disaster response and recovery grant" means money granted to an affected community for disaster response and recovery.
(7) "Minimum threshold payment amount" means the amount of costs that an affected community or an affected community member shall pay before the affected community or affected community member is eligible to receive money from a disaster response and recovery grant.
(8) "Post-disaster hazard mitigation" means action taken, after a natural disaster, to reduce or eliminate risk to people or property that may occur as a result of the long-term effects of the natural disaster or a subsequent natural disaster, including action to prevent damage caused by flooding, earthquake, dam failure, wildfire, landslide, severe weather, drought, and problem soil.
(9) "Official damage assessment" means a financial assessment of the damage to an affected community, caused by a disaster, that is conducted under the direction of the governing body of the affected community, in accordance with the rules described in Section 53-2a-1305.
Amended by Chapter 16, 2023 General Session
Amended by Chapter 434, 2023 General Session