2007 California Government Code Article 3.7. Emergency Management Assistance Compact

CA Codes (gov:179-179.9)

179.  (a) It is the intent of the State of California to continue
its long history of sharing emergency response resources with other
states during times of disaster. Californian's have benefited from
the assistance provided by the firefighters, law enforcement
officers, emergency medical personnel and other emergency staff
received from other states during our calamitous fires, earthquakes,
winter storms, and other disasters. We must now join our sister
states in ensuring we are prepared to aid our people during
emergencies by entering into the Emergency Management Assistance
Compact as it was adopted by Congress.
   (b) The Emergency Management Assistance Compact as set forth in
Section 179.5 is hereby ratified and approved.



179.5.  The provisions of the Emergency Management Assistance
Compact between the State of California and other states that are
parties to the compact referred to in Section 179 are as follows:

   Article 1.  Purposes and Authorities

   This compact is made and entered into by and between the
participating member states which enact this compact, hereafter
called party states. For the purposes of this agreement, the term
"states" is taken to mean the several states, the Commonwealth of
Puerto Rico, the District of Columbia, and all United States
territorial possessions.
   The purpose of this compact is to provide for mutual assistance
between the states entering into this compact in managing any
emergency or disaster that is duly declared by the governor of the
affected state, whether arising from natural disaster, technological
hazard, manmade disaster, civil emergency aspects of resource
shortages, community disorders, insurgency, or enemy attack.
   This compact shall also provide for mutual cooperation in
emergency-related exercises, testing, or other training activities
using equipment and personnel simulating performance of any aspect of
the giving and receiving of aid by party states or subdivisions of
party states during emergencies, such actions occurring outside
actual declared emergency periods. Mutual assistance in this compact
may include the use of the states' National Guard forces, either in
accordance with the National Guard Mutual Assistance Compact or by
mutual agreement between states.

   Article 2.  General Implementation

   Each party state entering into this compact recognizes many
emergencies transcend political jurisdictional boundaries and that
intergovernmental coordination is essential in managing these and
other emergencies under this compact. Each state further recognizes
that there will be emergencies which require immediate access and
present procedures to apply outside resources to make a prompt and
effective response to such an emergency. This is because few, if any,
individual states have all the resources they may need in all types
of emergencies or the capability of delivering resources to areas
where emergencies exist.
   The prompt, full, and effective utilization of resources of the
participating states, including any resources on hand or available
from the federal government or any other source, that are essential
to the safety, care, and welfare of the people in the event of any
emergency or disaster declared by a party state, shall be the
underlying principle on which all articles of this compact shall be
understood. On behalf of the governor of each state participating in
the compact, the legally designated state official who is assigned
responsibility for emergency management will be responsible for
formulation of the appropriate interstate mutual aid plans and
procedures necessary to implement this compact.

   Article 3.  Party State Responsibilities

   (a) It shall be the responsibility of each party state to
formulate procedural plans and programs for interstate cooperation in
the performance of the responsibilities listed in this article.  In
formulating such plans, and in carrying them out, the party states,
insofar as practical, shall:
   (1)  Review individual state hazards analyses and, to the extent
reasonably possible, determine all those potential emergencies the
party states might jointly suffer, whether due to natural disaster,
technological hazard, manmade disaster, emergency aspects of resource
shortages, civil disorders, insurgency, or enemy attack.
   (2) Review party states' individual emergency plans and develop a
plan which will determine the mechanism for the interstate management
and provision of assistance concerning any potential emergency.
   (3) Develop interstate procedures to fill any identified gaps and
to resolve any identified inconsistencies or overlaps in existing or
developed plans.
   (4) Assist in warning communities adjacent to or crossing the
state boundaries.
   (5) Protect and assure uninterrupted delivery of services,
medicines, water, food, energy and fuel, search and rescue, and
critical lifeline equipment, services, and resources, both human and
material.
   (6) Inventory and set procedures for the interstate loan and
delivery of human and material resources, together with procedures
for reimbursement or forgiveness.
   (7) Provide, to the extent authorized by law, for temporary
suspension of any statutes.
   (b) The authorized representative of a party state may request
assistance of another party state by contacting the authorized
representative of that state. The provisions of this agreement shall
only apply to requests for assistance made by and to authorized
representatives. Requests may be verbal or in writing. If verbal, the
request shall be confirmed in writing within 30 days of the verbal
request. Requests shall provide the following information:
   (1) A description of the emergency service function for which
assistance is needed, including, but not limited to, fire services,
law enforcement, emergency medical, transportation, communications,
public works and engineering, building inspection, planning and
information assistance, mass care, resource support, health and
medical services, and search and rescue.
   (2) The amount and type of personnel, equipment, materials and
supplies needed, and a reasonable estimate of the length of time they
will be needed.
   (3) The specific place and time for staging of the assisting party'
s response and a point of contact at that location.
   (c) There shall be frequent consultation between state officials
who have assigned emergency management responsibilities and other
appropriate representatives of the party states with affected
jurisdictions and the United States Government, with free exchange of
information, plans, and resource records relating to emergency
capabilities.

   Article 4.  Limitations

   Any party state requested to render mutual aid or conduct
exercises and training for mutual aid shall take such action as is
necessary to provide and make available the resources covered by this
compact in accordance with the terms hereof; provided that it is
understood that the state rendering aid may withhold resources to the
extent necessary to provide reasonable protection for such state.
Each party state shall afford to the emergency forces of any party
state, while operating within its state limits under the terms and
conditions of this compact, the same powers (except that of arrest
unless specifically authorized by the receiving state), duties,
rights, and privileges as are afforded forces of the state in which
they are performing emergency services. Emergency forces will
continue under the command and control of their regular leaders, but
the organizational units will come under the operational control of
the emergency services authorities of the state receiving assistance.
These conditions may be activated, as needed, only subsequent to a
declaration of a state of emergency or disaster by the governor of
the party state that is to receive assistance or commencement of
exercises or training for mutual aid and shall continue so long as
the exercises or training for mutual aid are in progress, the state
of emergency or disaster remains in effect, or loaned resources
remain in the receiving state, whichever is longer.

   Article 5.  Licenses and Permits

   Whenever any person holds a license, certificate, or other permit
issued by any state party to the compact evidencing the meeting of
qualifications for professional, mechanical, or other skills, and
when such assistance is requested by the receiving party state, such
person shall be deemed licensed, certified, or permitted by the state
requesting assistance to render aid involving such skill to meet a
declared emergency or disaster, subject to such limitations and
conditions as the governor of the requesting state may prescribe by
executive order or otherwise.

   Article 6.  Liability

   Officers or employees of a party state rendering aid in another
state pursuant to this compact shall be considered agents of the
requesting state for tort liability and immunity purposes. No party
state or its officers or employees rendering aid in another state
pursuant to this compact shall be liable on account of any act or
omission in good faith on the part of such forces while so engaged or
on account of the maintenance or use of any equipment or supplies in
connection therewith. Good faith in this article shall not include
willful misconduct, gross negligence, or recklessness.

   Article 7.  Supplementary Agreements

   Inasmuch as it is probable that the pattern and detail of the
machinery for mutual aid among two or more states may differ from
that among the states that are party hereto, this instrument contains
elements of a broad base common to all states, and nothing herein
contained shall preclude any state from entering into supplementary
agreements with another state or affect any other agreements already
in force between states.  Supplementary agreements may comprehend,
but shall not be limited to, provisions for evacuation and reception
of injured and other persons and the exchange of medical, fire,
police, public utility, reconnaissance, welfare, transportation, and
communications personnel, and equipment and supplies.

   Article 8.  Compensation

   Each party state shall provide for the payment of compensation and
death benefits to injured members of the emergency forces of that
state and representatives of deceased members of such forces in case
such members sustain injuries or are killed while rendering aid
pursuant to this compact, in the same manner and on the same terms as
if the injury or death were sustained within their own state.

   Article 9.  Reimbursement

   Any party state rendering aid in another state pursuant to this
compact shall be reimbursed by the party state receiving such aid for
any loss or damage to or expense incurred in the operation of any
equipment and the provision of any service in answering a request for
aid and for the costs incurred in connection with such requests;
provided, that any aiding party state may assume in whole or in part
such loss, damage, expense, or other cost, or may loan such equipment
or donate such services to the receiving party state without charge
or cost; and provided further, that any two or more party states may
enter into supplementary agreements establishing a different
allocation of costs among those states. Article 8 expenses shall not
be reimbursable under this provision.

   Article 10.  Evacuation

   Plans for the orderly evacuation and interstate reception of
portions of the civilian population as the result of any emergency or
disaster of sufficient proportions to so warrant, shall be worked
out and maintained between the party states and the emergency
management/services directors of the various jurisdictions where any
type of incident requiring evacuations might occur. Such plans shall
be put into effect by request of the state from which evacuees come
and shall include the manner of transporting such evacuees, the
number of evacuees to be received in different areas, the manner in
which food, clothing, housing, and medical care will be provided, the
registration of the evacuees, the providing of facilities for the
notification of relatives or friends, and the forwarding of such
evacuees to other areas or the bringing in of additional materials,
supplies, and all other relevant factors. Such plans shall provide
that the party state receiving evacuees and the party state from
which the evacuees come shall mutually agree as to reimbursement of
out-of-pocket expenses incurred in receiving and caring for such
evacuees, for expenditures for transportation, food, clothing,
medicines, and medical care, and like items.  Such expenditures shall
be reimbursed as agreed by the party state from which the evacuees
come. After the termination of the emergency or disaster, the party
state from which the evacuees come shall assume the responsibility
for the ultimate support of repatriation of such evacuees.

   Article 11.  Implementation

   (a) This compact shall become operative immediately upon its
enactment into law by any two states. Thereafter, this compact shall
become effective as to any other state upon its enactment by such
state.
   (b) Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect
until 30 days after the governor of the withdrawing state has given
notice in writing of such withdrawal to the governors of all other
party states. Such action shall not relieve the withdrawing state
from obligations assumed hereunder prior to the effective date of
withdrawal.
   (c) Duly authenticated copies of this compact and of such
supplementary agreements as may be entered into shall, at the time of
their approval, be deposited with each of the party states and with
the Federal Emergency Management Agency and other appropriate
agencies of the United States Government.

   Article 12.  Validity

   This act shall be construed to effectuate the purposes stated in
Article 1 hereof. If any provision of this compact is declared
unconstitutional, or the applicability thereof to any person or
circumstances is held invalid, the constitutionality of the remainder
of this act and the applicability thereof to other persons and
circumstances shall not be affected thereby.

   Article 13.  Additional Provisions

   Nothing in this compact shall authorize or permit the use of
military force by the National Guard of a state at any place outside
that state in any emergency for which the President is authorized by
law to call into federal service the militia, or for any purpose for
which the use of the Army or the Air Force would in the absence of
express statutory authorization be prohibited under Section 1385 of
Title 18 of the United States Code.



179.7.  (a) Notwithstanding Article 6 of the Emergency Management
Assistance Compact, as set forth in Section 179.5, the state shall
indemnify and make whole any officer or employee who is a resident of
California, or his or her heirs, if the officer or employee is
injured or killed in another state when rendering aid pursuant to the
compact, as if the act or acts occurred in California, less any
recovery obtained under the provisions of Article 6 of the Emergency
Management Assistance Compact.
   (b) Local government or special district personnel who are
officially deployed under the provisions of the Emergency Management
Assistance Compact pursuant to an assignment of the Office of
Emergency Services shall be defended by the Attorney General or other
legal counsel provided by the state, and shall be indemnified
subject to the same conditions and limitations applicable to state
employees.



179.8.  Notwithstanding the provisions of the Emergency Management
Assistance Compact, as set forth in Section 179.5, the state shall
not deploy any personnel under the compact to render aid to a party
state for any conditions resulting from a labor controversy, and the
state shall not receive aid from a party state for conditions
resulting from a labor controversy.



179.9.  This article shall become inoperative on March 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.