1. (1) There is created a restricted account in the General Fund known as the "Disaster Response, Recovery, and Mitigation Restricted Account."

2. (2) The account consists of:

   1. (a) money appropriated to the account by the Legislature;
   2. (b) money deposited into the account in accordance with Section 63J-1-314;
   3. (c) income and interest derived from the deposit and investment of money in the account; and
   4. (d) private donations, grants, gifts, bequests, or money made available from any other source to implement this section.

3. (3)

   1. (a) At the close of a fiscal year, money in the account exceeding $50,000,000, excluding money granted to the account under Subsection (2)(d), shall be transferred to the State Disaster Recovery Restricted Account.
   2. (b) Except as provided by Subsection (3)(a), money in the Disaster Response, Recovery, and Mitigation Restricted Account may only be used for the purposes set forth in this part.
4. (4) Subject to the requirements described in this part, and upon appropriation by the Legislature, the division may grant money appropriated from the accountto an affected community for the affected community's disaster response and recovery efforts as described in Section 53-2a-1303.
5. (5) Money in the account may only be expended or committed to be expended as provided in Subsections (6), (7), and (8).

6. (6) Subject to Section 53-2a-606, in any fiscal year the division may expend or commit to expend for disaster response and recovery efforts as described in Section 53-2a-1303:

   1. (a) an amount that does not exceed $3,000,000 in response to a disaster described in Subsection 53-2a-1303(2)(b);

   2. (b) an amount that exceeds $3,000,000 but does not exceed $10,000,000 for a disaster described in Subsection 53-2a-1303(2)(b) if the division:

      1. (i) before making the expenditure or commitment to expend, obtains approval for the expenditure or commitment from the governor;
      2. (ii) provides written notice of the expenditure or commitment to expend to the speaker of the House of Representatives, the president of the Senate, the Division of Finance, the Criminal Justice Appropriations Subcommittee, the Legislative Management Committee, and the Office of the Legislative Fiscal Analyst no later than 72 hours after making the expenditure or commitment to expend; and
      3. (iii) makes the report required by Subsection 53-2a-606(2); and

   3. (c) an amount that exceeds $10,000,000, if, before making the expenditure or commitment to expend, the division:

      1. (i) obtains approval for the expenditure or commitment from the governor; and
      2. (ii) submits the expenditure or commitment to expend to the Executive Appropriations Committee in accordance with Subsection 53-2a-606(3).

7. (7)

   1. (a) Money in the account may only be expended or committed to be expended for pre-disaster mitigation under Subsection (7)(b) if money remains in the account at the end of the fiscal year after the division has expended or committed to expend money from the account as provided in Subsection (6).

   2. (b) Subject to Subsection (7)(a) and in accordance with rules created under Section 53-2a-1305, the division may expend or commit to expend money in the account for pre-disaster mitigation to a community if:

      1. (i) the community:

         1. (A) submits an application to receive money for pre-disaster mitigation during the current fiscal year; and
         2. (B) meets the qualification and prioritization criteria established by rule; and

      2. (ii) the division:

         1. (A) before making the expenditure or commitment to expend to a community described in Subsection (7)(b)(i), obtains approval for the expenditure or commitment to expend from the governor;
         2. (B) provides written notice of the expenditure or commitment to expend described in Subsection (7)(b)(i) to the speaker of the House of Representatives, the president of the Senate, the Division of Finance, the Criminal Justice Appropriations Subcommittee, the Legislative Management Committee, and the Office of the Legislative Fiscal Analyst; and
         3. (C) makes the report required by Subsection 53-2a-606(2).
8. (8) Money paid by the division under this part to government entities and private persons providing emergency disaster services are subject to Title 63G, Chapter 6a, Utah Procurement Code.

Amended by Chapter 89, 2025 General Session