Legislature bolsters emergency management laws

• Legislation of interest to counties
• 2009 legislation session recap (PDF)

By Todd McGee
Communications Director

Dealing with natural disasters and other emergencies was on the minds of many legislators this past session. As a result, the General Assembly approved a series of bills emanating from the recommendations from the Joint Select Committee on Emergency Preparedness and Disaster Management Recovery.

The bills address several issues identified by the committee. The new legislation gives local governments more authority in dealing with emergency situations, allows counties to form joint emergency management agencies with other counties and municipalities, and allows the governor to establish mutual aid agreements between the state and counties. The Division of Emergency Management – established in the Department of Crime Control and Public Safety – is given the responsibility for carrying out or overseeing many of the changes.

The overriding goals of the legislation were to improve coordination between state and local governments, to provide standards, and to provide for better training opportunities for local emergency management personnel.

H380 (Strengthen Local Emergency Management) makes several changes to the state's emergency management general statutes affecting counties. It identifies the Division of Emergency Management as the state agency responsible for making sure that local emergency management plans are consistent with state laws. It charges the division with reviewing local emergency management plans at least biennially to ensure compliance with state and federal standards. The bill also removes the $1,000 per year limit on financial assistance from the state and instead says that each county that forms an agency that meets federal and state requirements is eligible for "financial assistance, including State and federal funding appropriated for emergency management planning and preparedness, and for the maintenance and operation of a county emergency management program."

If a state appropriation does not include a funding formula for county emergency management agencies, the Division of Emergency Management shall determine the amount allocated to each county. The division is allowed to consider the "professional competencies of local emergency management personnel" and the "degree to which local plans and programs meet State standards and requirements promulgated by the Division." The bill also authorizes local governments to form joint emergency management agencies so that small local governments can collaborate and share resources.

H377 (Authorize Emergency Management Certification Program) authorizes the division to establish a voluntary Emergency Management Certification Program "to strengthen and enhance the professional competencies of emergency management personnel in State and local emergency management agencies."

The bill establishes a four-tiered emergency management certification program and creates the Emergency Management Training and Standards Advisory Board "to provide oversight of training and certification programs." The certifications must be renewed every five years.

H379 (Allows Mutual Aid Agreement Between State and Local Government) clarifies that the governor may establish mutual aid agreements with political subdivisions in the state with the concurrence of the governing body. Mutual aid agreements are a critical mechanism for securing intergovernmental cooperation and assistance during emergency situations. Previously, mutual aid agreements were not authorized by state statutes, although many local governments already had them in place with the state.

S256 (Clarify Local Government Evacuation Authority) allows cities and counties to order evacuations during certain emergencies and gives them the authority to "control ingress and egress of a disaster area, the movement of persons within the area, and the occupancy of premises therein." The bill also clarifies that the emergency management immunity statues apply to local governments and local government personnel during these situations.

S258 (Authorize Voluntary Medical Registry Program) asks the division to establish a model registry for use by cities and counties to identify medically fragile persons who would be in need of special assistance during an emergency or disaster. Any health information obtained would be considered confidential and would not be covered under public information statutes. It authorizes cities and counties to coordinate the voluntary registration of functionally and medically fragile persons.

"These bills were a result of collaborative efforts by the Joint Select Committee on Emergency Preparedness and Disaster Recovery, stakeholders from the Division of Emergency Management, the School of Government, county managers and NCACC staff," said Association Policy Advocate Anthony Allen. "Everyone agreed in this process that the laws needed to be strengthened and put into place before another emergency happens."

In 2008, Allen and NCACC General Counsel Jim Blackburn served on an emergency management study committee that made recommendations on strengthening North Carolina's emergency management capabilities. The report was submitted to the Joint Select Committee on Emergency Preparedness and Disaster Management Recovery and the House and Senate Appropriations Subcommittees on Natural and Economic Resources in December 2008.