53-2a-602. Definitions.

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

Effective 7/1/2025

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

(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 Part 2 Disaster Response and Recovery Act ; or

(C)the chief executive officer of a local government declaring a local emergency under Part 2, Disaster Response and Recovery Act .

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

(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 a county participates in the Utah Wildfire Fund created in Section 65A-8-217 , any fire suppression or presuppression costs that may be paid for from the Utah Wildfire Fund if the county participates in the Utah Wildfire 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 113 , 2025 General Session