53-2a-104. Division duties -- Powers.

707 words·~3 min read·/ut/title-53/chapter-2a/53-2a-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

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

(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 Part 6, Disaster Recovery Funding Act , 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.

(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 Title 53, Chapter 2a, Part 3, Statewide Mutual Aid Act .

(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 Title 53, Chapter 2a, Part 8, Emergency Interim Succession Act .

Amended by Chapter 243 , 2026 General Session