02-18 16:08 1st Sub. (Buff) H.B. 513 Thomas W. Peterson proposes the following substitute bill: 1 Utah Commission for Earthquake Preparedness 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Thomas W. Peterson Senate Sponsor: 2 3 LONG TITLE 4 General Description: 5 This bill creates the Utah Commission for Earthquake Preparedness. 6 Highlighted Provisions: 7 This bill: 8 ▸ creates the Utah Commission for Earthquake Preparedness, addressing: 9 ● membership; 10 ● quorum requirements; 11 ● vacancies; and 12 ● compensation for commission members; 13 ▸ permits the commission to invite officials from certain state and executive agencies to 14 participate in the commission's meetings as nonvoting members; 15 ▸ requires the Department of Natural Resources to staff the commission; 16 ▸ specifies duties and responsibilities of the commission; 17 ▸ establishes a January 1, 2031, sunset date for the commission; 18 ▸ subject to an exception, provides that money appropriated to the commission by the 19 Legislature is nonlapsing; and 20 ▸ makes technical and conforming changes. 21 Money Appropriated in this Bill: 22 None 23 Other Special Clauses: 24 None 25 Utah Code Sections Affected: 26 AMENDS: 27 63I-1-253, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5 28 63I-1-263, as last amended by Laws of Utah 2024, Third Special Session, Chapter 4 1st Sub. H.B. 513 1st Sub. (Buff) H.B. 513 02-18 16:08 29 63J-1-602.2, as last amended by Laws of Utah 2024, Chapters 241, 285, 425, and 467 30 ENACTS: 31 63C-32-101, Utah Code Annotated 1953 32 63C-32-102, Utah Code Annotated 1953 33 63C-32-103, Utah Code Annotated 1953 34 35 Be it enacted by the Legislature of the state of Utah: 36 Section 1. Section 63C-32-101 is enacted to read: 37 CHAPTER 32. UTAH COMMISSION FOR EARTHQUAKE PREPAREDNESS 38 63C-32-101 . Definitions. 39 As used in this chapter, "commission" means the Utah Commission for Earthquake 40 Preparedness. 41 Section 2. Section 63C-32-102 is enacted to read: 42 63C-32-102 . Creation of commission -- Membership -- Participating entities -- 43 Vacancies -- Staff support. 44 (1) There is created the Utah Commission for Earthquake Preparedness consisting of the 45 following members: 46 (a) the director of the Utah Geological Survey or the director's designee; 47 (b) the director of the Division of Emergency Management or the director's designee; 48 (c) the director of the University of Utah Seismograph Stations or the director's designee; 49 (d) the director of the Utah State University Earthquake Engineering Center or the 50 director's designee; 51 (e) the state Earthquake Program Manager; 52 (f) a representative from the American Public Works Association, Utah Chapter; 53 (g) a representative from the American Institute of Architects, Utah Section; 54 (h) a representative from the American Society of Civil Engineers, Utah Section; 55 (i) a representative from the Structural Engineers Association of Utah; 56 (j) a representative from the Salt Lake Chamber of Commerce; 57 (k) subject to Subsection (2)(a), two individuals jointly appointed by the directors of the 58 Department of Natural Resources and the Division of Emergency Management who 59 have an interest or expertise in reducing earthquake-related loss in the state; 60 (l) one member of the Senate appointed by the president of the Senate; and 61 (m) one member of the House of Representatives appointed by the speaker of the House 62 of Representatives. - 2 - 02-18 16:08 1st Sub. (Buff) H.B. 513 63 (2)(a) In making the joint appointments described in Subsection (1)(k), the directors of 64 the Department of Natural Resources and the Division of Emergency Management 65 shall give due consideration to the recommendations of the commission. 66 (b) If a vacancy occurs in the membership of the commission appointed under 67 Subsection (1)(k), (l), or (m), the member shall be replaced in the same manner in 68 which the original appointment was made. 69 (3)(a) The commission may: 70 (i) establish subcommittees to carry out the commission's duties; 71 (ii) invite officials from the following state and executive agencies to participate in 72 the commission's meetings as nonvoting, ex officio members: 73 (A) the Division of Facilities Construction and Management; 74 (B) the Department of Transportation; 75 (C) the Division of Water Resources; 76 (D) the Department of Insurance; 77 (E) the Division of Risk Management; 78 (F) the Department of Environmental Quality; 79 (G) the Governor's Office of Planning and Budget; and 80 (H) the Governor's Office of Economic Opportunity; and 81 (iii) seek grants or funding from the state, federal government, or other public and 82 private sources for uses relating to earthquake preparedness and response. 83 (b) An official of a state or executive agency described in Subsection (3)(a)(ii) is not 84 required to participate in the commission's meetings. 85 (4) The commission may collaborate with the following entities and invite the entities to 86 participate in the commission's meetings: 87 (a) public and private lifeline infrastructure and utility providers; 88 (b) representatives from the business community; 89 (c) local government; 90 (d) local government associations, including: 91 (i) the Utah League of Cities and Towns; 92 (ii) the Utah Association of Counties; and 93 (iii) the Utah Association of Special Districts; 94 (e) local and higher education agencies; 95 (f) the Federal Emergency Management Agency; 96 (g) the United States Geological Survey; and - 3 - 1st Sub. (Buff) H.B. 513 02-18 16:08 97 (h) Envision Utah. 98 (5) The commission shall annually select one of the commission's members to serve as 99 chair of the commission. 100 (6)(a) A majority of the members of the commission is a quorum. 101 (b) The action of a majority of a quorum is an action of the commission. 102 (7)(a) A member of the commission may not receive compensation or benefits for the 103 member's service, but may receive per diem and travel expenses in accordance with: 104 (i) Section 63A-3-106; 105 (ii) Section 63A-3-107; and 106 (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107. 107 (b) A member of the commission who is a legislator may receive compensation and 108 travel expenses in accordance with Section 36-2-2 and Legislative Joint Rules, Title 109 5, Legislative Compensation and Expenses. 110 (8) The Department of Natural Resources shall staff the commission. 111 (9)(a) Except as provided in Subsection (9)(b), money the commission receives from 112 legislative appropriations is nonlapsing. 113 (b) Any unexpended funds described in Subsection (9)(a) in excess of $50,000 lapses to 114 the General Fund. 115 Section 3. Section 63C-32-103 is enacted to read: 116 63C-32-103 . Meetings -- Duties. 117 (1) The commission shall meet at the call of the chair, but not less than once each quarter. 118 (2) The commission shall: 119 (a) assess earthquake-related hazards and risks to the state that are associated with: 120 (i) injury and loss of life; 121 (ii) loss of property; 122 (iii) damage to infrastructure; and 123 (iv) economic harm to the state, the state's businesses, and the state's inhabitants; 124 (b) prepare recommendations to identify and mitigate the hazards and risks described in 125 Subsection (2)(a); 126 (c) prioritize recommendations and present the recommendations annually to state and 127 local government or other appropriate entities for adoption as policy or loss reduction 128 strategies, including policies or strategies to reduce the time required to return to 129 normalcy and economic recovery after an earthquake event; 130 (d) monitor and report on progress towards risk reduction; - 4 - 02-18 16:08 1st Sub. (Buff) H.B. 513 131 (e) maintain and update annually a strategic earthquake loss reduction planning 132 document that: 133 (i) identifies actionable steps to mitigate the hazards and risks described in 134 Subsection (2)(a); 135 (ii) identifies short- and long-term risk reduction strategies and milestones; and 136 (iii) reports on progress in achieving the strategies and milestones described in 137 Subsection (2)(e)(ii); and 138 (f) act as a source of information for individuals and groups concerned with earthquake 139 safety. 140 (3) The planning document described in Subsection (2)(e) shall be submitted annually to: 141 (a) the governor; 142 (b) the director of, and the state planning coordinator within, the Governor's Office of 143 Planning and Budget; 144 (c) the Governor's Office of Economic Opportunity; 145 (d) the commissioner of public safety; 146 (e) the director of the Department of Natural Resources; and 147 (f) the Emergency Management Administration Council. 148 Section 4. Section 63I-1-253 is amended to read: 149 63I-1-253 . Repeal dates: Titles 53 through 53G. 150 (1) Section 53-1-122, Road Rage Awareness and Prevention Restricted Account, is 151 repealed July 1, 2028. 152 (2) Section 53-2a-105, Emergency Management Administration Council created -- 153 Function -- Composition -- Expenses, is repealed July 1, 2029. 154 (3) Section 53-2a-1103, Search and Rescue Advisory Board -- Members -- Compensation, 155 is repealed July 1, 2027. 156 (4) Section 53-2a-1104, General duties of the Search and Rescue Advisory Board, is 157 repealed July 1, 2027. 158 (5) Title 53, Chapter 2a, Part 15, Grid Resilience Committee, is repealed July 1, 2027. 159 (6) Section 53-2d-104, State Emergency Medical Services Committee -- Membership -- 160 Expenses, is repealed July 1, 2029. 161 (7) Section 53-2d-703, Volunteer Emergency Medical Service Personnel Health Insurance 162 Program -- Creation -- Administration -- Eligibility -- Benefits -- Rulemaking -- 163 Advisory board, is repealed July 1, 2027. 164 (8) Section 53-5-703, Board -- Membership -- Compensation -- Terms -- Duties, is repealed - 5 - 1st Sub. (Buff) H.B. 513 02-18 16:08 165 July 1, 2029. 166 (9) Section 53-11-104, Board, is repealed July 1, 2029. 167 (10) Section 53-22-104.1, School Security Task Force -- Membership -- Duties -- Per diem 168 -- Report -- Expiration, is repealed December 31, 2025. 169 (11) Section 53-22-104.2, The School Security Task Force -- Education Advisory Board, is 170 repealed December 31, 2025. 171 (12) Subsection 53B-1-301(1)(j), regarding the Higher Education and Corrections Council, 172 is repealed July 1, 2027. 173 (13) Section 53B-7-709, Five-year performance goals, is repealed July 1, 2027. 174 (14) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed July 1, 175 2028. 176 (15) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028. 177 (16) Section 53B-17-1203, SafeUT and School Safety Commission established -- Members, 178 is repealed January 1, 2030. 179 (17) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028. 180 (18) Title 53B, Chapter 18, Part 17, Food Security Council, is repealed July 1, 2027. 181 (19) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure 182 Research Center, is repealed July 1, 2028. 183 (20) Title 53B, Chapter 35, Higher Education and Corrections Council, is repealed July 1, 184 2027. 185 (21) Subsection 53C-3-203(4)(b)(vii), regarding the distribution of money from the Land 186 Exchange Distribution Account to the Geological Survey for test wells and other 187 hydrologic studies in the West Desert, is repealed July 1, 2030. 188 (22) Subsection 53E-1-201(1)(q), regarding the Higher Education and Corrections Council, 189 is repealed July 1, 2027. 190 (23) Subsection 53E-2-304(6), regarding foreclosing a private right of action or waiver of 191 governmental immunity, is repealed July 1, 2027. 192 (24) Subsection 53E-3-503(5), regarding coordinating councils for youth in care, is 193 repealed July 1, 2027. 194 (25) Subsection 53E-3-503(6), regarding coordinating councils for youth in care, is 195 repealed July 1, 2027. 196 (26) Subsection 53E-4-202(8)(b), regarding a standards review committee, is repealed 197 January 1, 2028. 198 (27) Section 53E-4-203, Standards review committee, is repealed January 1, 2028. - 6 - 02-18 16:08 1st Sub. (Buff) H.B. 513 199 (28) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is 200 repealed July 1, 2033. 201 (29) Subsection 53E-7-207(7), regarding a private right of action or waiver of governmental 202 immunity, is repealed July 1, 2027. 203 (30) Section 53F-2-420, Intensive Services Special Education Pilot Program, is repealed 204 July 1, 2024. 205 (31) Section 53F-5-214, Grant for professional learning, is repealed July 1, 2025. 206 (32) Section 53F-5-215, Elementary teacher preparation grant, is repealed July 1, 2025. 207 (33) Section 53F-5-219, Local Innovations Civics Education Pilot Program, is repealed July 208 1, 2025. 209 (34) Title 53F, Chapter 10, Part 2, Capital Projects Evaluation Panel, is repealed July 1, 210 2027. 211 (35) Subsection 53G-4-608(2)(b), regarding the [Utah Seismic Safety Commission, is 212 repealed January 1, 2025] Utah Commission for Earthquake Preparedness, is repealed 213 January 1, 2031. 214 (36) Subsection 53G-4-608(4)(b), regarding the [Utah Seismic Safety Commission, is 215 repealed January 1, 2025] Utah Commission for Earthquake Preparedness, is repealed 216 January 1, 2031. 217 (37) Section 53G-9-212, Drinking water quality in schools, is repealed July 1, 2027. 218 Section 5. Section 63I-1-263 is amended to read: 219 63I-1-263 . Repeal dates: Titles 63A to 63O. 220 (1) Subsection 63A-5b-405(5), regarding prioritizing and allocating capital improvement 221 funding, is repealed July 1, 2024. 222 (2) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July 1, 223 2028. 224 (3) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1, 2025. 225 (4) Title 63C, Chapter 18, Behavioral Health Crisis Response Committee, is repealed 226 December 31, 2026. 227 (5) Title 63C, Chapter 23, Education and Mental Health Coordinating Committee, is 228 repealed December 31, 2024. 229 (6) Title 63C, Chapter 25, State Finance Review Commission, is repealed July 1, 2027. 230 (7) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032. 231 (8) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026. 232 (9) Title 63C, Chapter 31, State Employee Benefits Advisory Commission, is repealed July - 7 - 1st Sub. (Buff) H.B. 513 02-18 16:08 233 1, 2028. 234 (10) Title 63C, Chapter 32, Utah Commission for Earthquake Preparedness, is repealed 235 January 1, 2031, 236 [(10)] (11) Section 63G-6a-805, Purchase from community rehabilitation programs, is 237 repealed July 1, 2026. 238 [(11)] (12) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1, 239 2028. 240 [(12)] (13) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 241 1, 2029. 242 [(13)] (14) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026. 243 [(14)] (15) Subsection 63J-1-602.2(16), related to the Communication Habits to reduce 244 Adolescent Threats (CHAT) Pilot Program, is repealed July 1, 2029. 245 [(15)] (16) [Subsection 63J-1-602.2(26), regarding the Utah Seismic Safety Commission, is 246 repealed January 1, 2025] Subsection 63J-1-602.2(27), regarding the Utah Commission 247 for Earthquake Preparedness, is repealed January 1, 2031. 248 [(16)] (17) Section 63L-11-204, Canyon resource management plan, is repealed July 1, 2025. 249 [(17)] (18) Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee, 250 is repealed July 1, 2027. 251 [(18)] (19) Title 63M, Chapter 7, Part 7, Domestic Violence Offender Treatment Board, is 252 repealed July 1, 2027. 253 [(19)] (20) Section 63M-7-902, Creation -- Membership -- Terms -- Vacancies -- Expenses, 254 is repealed July 1, 2029. 255 [(20)] (21) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026. 256 [(21)] (22) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is 257 repealed January 1, 2030. 258 [(22)] (23) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028. 259 [(23)] (24) Subsection 63N-2-511(1)(b), regarding the Board of Tourism Development, is 260 repealed July 1, 2025. 261 [(24)] (25) Section 63N-2-512, Hotel Impact Mitigation Fund, is repealed July 1, 2028. 262 [(25)] (26) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is 263 repealed July 1, 2027. 264 [(26)] (27) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant Program, is 265 repealed July 1, 2025. 266 [(27)] (28) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed - 8 - 02-18 16:08 1st Sub. (Buff) H.B. 513 267 July 1, 2028. 268 [(28)] (29) Section 63N-4-804, which creates the Rural Opportunity Advisory Committee, is 269 repealed July 1, 2027. 270 [(29)] (30) Subsection 63N-4-805(5)(b), regarding the Rural Employment Expansion 271 Program, is repealed July 1, 2028. 272 [(30)] (31) Subsection 63N-7-101(1), regarding the Board of Tourism Development, is 273 repealed July 1, 2025. 274 [(31)] (32) Subsection 63N-7-102(3)(c), regarding a requirement for the Utah Office of 275 Tourism to receive approval from the Board of Tourism Development, is repealed July 276 1, 2025. 277 [(32)] (33) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed July 1, 278 2025. 279 Section 6. Section 63J-1-602.2 is amended to read: 280 63J-1-602.2 . List of nonlapsing appropriations to programs. 281 Appropriations made to the following programs are nonlapsing: 282 (1) The Legislature and the Legislature's committees. 283 (2) The State Board of Education, including all appropriations to agencies, line items, and 284 programs under the jurisdiction of the State Board of Education, in accordance with 285 Section 53F-9-103. 286 (3) The Rangeland Improvement Act created in Section 4-20-101. 287 (4) The Percent-for-Art Program created in Section 9-6-404. 288 (5) The LeRay McAllister Working Farm and Ranch Fund created in Section 4-46-301. 289 (6) The Utah Lake Authority created in Section 11-65-201. 290 (7) Dedicated credits accrued to the Utah Marriage Commission as provided under 291 Subsection 17-16-21(2)(d)(ii). 292 (8) The Wildlife Land and Water Acquisition Program created in Section 23A-6-205. 293 (9) Sanctions collected as dedicated credits from Medicaid providers under Subsection 294 26B-3-108(7). 295 (10) The primary care grant program created in Section 26B-4-310. 296 (11) The Opiate Overdose Outreach Pilot Program created in Section 26B-4-512. 297 (12) The Utah Health Care Workforce Financial Assistance Program created in Section 298 26B-4-702. 299 (13) The Rural Physician Loan Repayment Program created in Section 26B-4-703. 300 (14) The Utah Medical Education Council for the: - 9 - 1st Sub. (Buff) H.B. 513 02-18 16:08 301 (a) administration of the Utah Medical Education Program created in Section 26B-4-707; 302 (b) provision of medical residency grants described in Section 26B-4-711; and 303 (c) provision of the forensic psychiatric fellowship grant described in Section 26B-4-712. 304 (15) The Division of Services for People with Disabilities, as provided in Section 26B-6-402. 305 (16) The Communication Habits to reduce Adolescent Threats (CHAT) Pilot Program 306 created in Section 26B-7-122. 307 (17) Funds that the Department of Alcoholic Beverage Services retains in accordance with 308 Subsection 32B-2-301(8)(a) or (b). 309 (18) The General Assistance program administered by the Department of Workforce 310 Services, as provided in Section 35A-3-401. 311 (19) The Utah National Guard, created in Title 39A, National Guard and Militia Act. 312 (20) The Search and Rescue Financial Assistance Program, as provided in Section 313 53-2a-1102. 314 (21) The Emergency Medical Services Grant Program in Section 53-2d-207. 315 (22) The Motorcycle Rider Education Program, as provided in Section 53-3-905. 316 (23) The Utah Board of Higher Education for teacher preparation programs, as provided in 317 Section 53B-6-104. 318 (24) Innovation grants under Section 53G-10-608, except as provided in Subsection 319 53G-10-608(6). 320 (25) The Division of Fleet Operations for the purpose of upgrading underground storage 321 tanks under Section 63A-9-401. 322 (26) The Division of Technology Services for technology innovation as provided under 323 Section 63A-16-903. 324 (27) Subject to Subsection 63C-32-102(9)(b), the Utah Commission for Earthquake 325 Preparedness, as provided in Subsection 63C-32-102(9)(a). 326 [(27)] (28) The State Capitol Preservation Board created by Section 63O-2-201. 327 [(28)] (29) The Office of Administrative Rules for publishing, as provided in Section 328 63G-3-402. 329 [(29)] (30) The Colorado River Authority of Utah, created in Title 63M, Chapter 14, 330 Colorado River Authority of Utah Act. 331 [(30)] (31) The Governor's Office of Economic Opportunity to fund the Enterprise Zone 332 Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act. 333 [(31)] (32) The Governor's Office of Economic Opportunity's Rural Employment Expansion 334 Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment Expansion - 10 - 02-18 16:08 1st Sub. (Buff) H.B. 513 335 Program. 336 [(32)] (33) County correctional facility contracting program for state inmates as described in 337 Section 64-13e-103. 338 [(33)] (34) County correctional facility reimbursement program for state probationary 339 inmates and state parole inmates as described in Section 64-13e-104. 340 [(34)] (35) Programs for the Jordan River Recreation Area as described in Section 65A-2-8. 341 [(35)] (36) The Division of Human Resource Management user training program, as 342 provided in Section 63A-17-106. 343 [(36)] (37) A public safety answering point's emergency telecommunications service fund, 344 as provided in Section 69-2-301. 345 [(37)] (38) The Traffic Noise Abatement Program created in Section 72-6-112. 346 [(38)] (39) The money appropriated from the Navajo Water Rights Negotiation Account to 347 the Division of Water Rights, created in Section 73-2-1.1, for purposes of participating 348 in a settlement of federal reserved water right claims. 349 [(39)] (40) The Judicial Council for compensation for special prosecutors, as provided in 350 Section 77-10a-19. 351 [(40)] (41) A state rehabilitative employment program, as provided in Section 78A-6-210. 352 [(41)] (42) The Utah Geological Survey, as provided in Section 79-3-401. 353 [(42)] (43) The Bonneville Shoreline Trail Program created under Section 79-5-503. 354 [(43)] (44) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and 355 78B-6-144.5. 356 [(44)] (45) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent 357 Defense Commission. 358 [(45)] (46) The program established by the Division of Facilities Construction and 359 Management under Section 63A-5b-703 under which state agencies receive an 360 appropriation and pay lease payments for the use and occupancy of buildings owned by 361 the Division of Facilities Construction and Management. 362 [(46)] (47) The State Tax Commission for reimbursing counties for deferrals in accordance 363 with Section 59-2-1802.5. 364 [(47)] (48) The Veterinarian Education Loan Repayment Program created in Section 4-2-902. 365 Section 7. Effective Date. 366 This bill takes effect on May 7, 2025. - 11 -