2009 North Carolina Code
Chapter 143 - State Departments, Institutions, and Commissions.
§ 143-215.94II. Emergency proclamation; Governor's powers.

§ 143‑215.94II.  Emergency proclamation; Governor's powers.

(a)        Whenever any emergency exists or appears imminent, arising from the discharge of oil or other pollutants within the marine environment, the Governor shall by proclamation declare the fact and that a state of emergency exists in the appropriate sections of the State.  Upon such proclamation, the Governor shall have all powers enumerated in G.S. 14‑288.15, subject to the provisions of G.S. 14‑288.16.

(b)        If the Governor is unavailable, the Lieutenant Governor shall, by proclamation, declare the fact and that a state of emergency exists in the appropriate sections of the State.

(c)        In performing his duties under this section, the Governor is authorized and directed to cooperate with all departments and agencies of the federal government, the offices and agencies of other states and foreign countries and the political subdivisions thereof, and private agencies in all matters pertaining to an emergency described herein.

(d)        In addition to the powers enumerated in G.S. 14‑288.15, in the case of such an emergency described in subsection (a) of this section, the Governor is further authorized and empowered to transfer any funds available to him by statute for emergency use into the Oil or Other Hazardous Substances Pollution Protection Fund created pursuant to G.S. 143‑215.87, to be utilized for the purposes specified therein. (1989, c. 656, s. 5, c. 770, s. 75.5; 1991, c. 342, s. 14.)