(1) The division may grant money under Subsection 53-2a-1302(4)(b) appropriated from the account after receiving an application from a community for post hazard mitigation if: (a) the non-lapsing balance available from money appropriated by the Legislature for the previous fiscal year exceeds the amount of money appropriated by the Legislature for the current fiscal year; and (b) the total money granted by the division for post hazard mitigation does not exceed the difference between the amount of non-lapsing funds from the previous fiscal year and the amount of money appropriated by the Legislature for the current fiscal year.

(a) the non-lapsing balance available from money appropriated by the Legislature for the previous fiscal year exceeds the amount of money appropriated by the Legislature for the current fiscal year; and

(b) the total money granted by the division for post hazard mitigation does not exceed the difference between the amount of non-lapsing funds from the previous fiscal year and the amount of money appropriated by the Legislature for the current fiscal year.

(2) A community is eligible to receive a post hazard mitigation grant if the division determines the post hazard mitigation to be funded by the post hazard mitigation grant: (a) is reasonably likely to mitigate: (i) economically significant property damage resulting from a disaster; or (ii) threats to human safety resulting from a disaster; (b) will be designed and constructed in a economically efficient manner that comports with accepted industry standards; and (c) addresses a threat of disaster that is plausible and not merely speculative.

(a) is reasonably likely to mitigate: (i) economically significant property damage resulting from a disaster; or (ii) threats to human safety resulting from a disaster;

(i) economically significant property damage resulting from a disaster; or

(ii) threats to human safety resulting from a disaster;

(b) will be designed and constructed in a economically efficient manner that comports with accepted industry standards; and

(c) addresses a threat of disaster that is plausible and not merely speculative.