2009 North Carolina Code
Chapter 166A - North Carolina Emergency Management Act.
§ 166A-5. State emergency management.

§ 166A‑5.  State emergency management.

The State emergency management program includes all aspects of preparations for, response to and recovery from war or peacetime disasters.

(1)        Governor. – The Governor shall have general direction and control of the State emergency management program and shall be responsible for carrying out the provisions of this Article.

a.         The Governor is authorized and empowered:

1.         To make, amend or rescind the necessary orders, rules and regulations within the limits of the authority conferred upon him herein, with due consideration of the policies of the federal government.

2.         To delegate any authority vested in him under this Article and to provide for the subdelegation of any such authority.

3.         To cooperate and coordinate with the President and the heads of the departments and agencies of the federal government, and with other appropriate federal officers and agencies, and with the officers and agencies of other states and local units of government in matters pertaining to the emergency management of the State and nation.

4.         To enter into agreements with the American National Red Cross, Salvation Army, Mennonite Disaster Service and other disaster relief organizations.

5.         To make, amend, or rescind mutual aid agreements in accordance with G.S. 166A‑10.

6.         To utilize the services, equipment, supplies and facilities of existing departments, offices and agencies of the State and of the political subdivisions thereof. The officers and personnel of all such departments, offices and agencies are required to cooperate with and extend such services and facilities to the Governor upon request. This authority shall extend to a state of disaster, imminent threat of disaster or emergency management planning and training purposes.

7.         To agree, when required to obtain federal assistance in debris removal, that the State will indemnify the federal government against any claim arising from the removal of the debris.

8.         To sell, lend, lease, give, transfer or deliver materials or perform services for disaster purposes on such terms and conditions as may be prescribed by any existing law, and to account to the State Treasurer for any funds received for such property.

9.         To use contingency and emergency funds as necessary and appropriate to provide relief and assistance from the effects of a disaster, and to reallocate such other funds as may reasonably be available within the appropriations of the various departments when the severity and magnitude of such disaster so requires and the contingency and emergency funds are insufficient or inappropriate.

b.         In the threat of or event of a disaster, or when requested by the governing body of any political subdivision in the State, the Governor may assume operational control over all or any part of the emergency management functions within this State.

(2)        Secretary of Crime Control and Public Safety. – The Secretary of Crime Control and Public Safety shall be responsible to the Governor for State emergency management activities. The Secretary shall have the following powers and duties as delegated by the Governor:

a.         To activate the State and local plans applicable to the areas in question and to authorize and direct the deployment and use of any personnel and forces to which the plan or plans apply, and the use or distribution of any supplies, equipment, materials and facilities available pursuant to this Article or any other provision of law.

b.         To adopt the rules to implement this Article.

c.         To develop a system of damage assessment through which the Secretary will recommend the appropriate level of disaster declaration to the Governor. The system shall, at a minimum, consider whether the damage involved and its effects are of such a severity and magnitude as to be beyond the response capabilities of the local government or political subdivision.

d.         Additional authority, duties, and responsibilities as may be prescribed by the Governor. The Secretary may subdelegate his authority to the appropriate member of his department.

(3)        Functions of State Emergency Management. – The functions of the State emergency management program include:

a.         Coordination of the activities of all agencies for emergency management within the State, including planning, organizing, staffing, equipping, training, testing, and the activation of emergency management programs.

b.         Preparation and maintenance of State plans for man‑made or natural disasters. The State plans or any parts thereof may be incorporated into department regulations and into executive orders of the Governor.

b1.       Coordination with the State Health Director to amend or revise the North Carolina Emergency Operations Plan regarding public health matters. At a minimum, the revisions to the Plan shall provide for the following:

1.         The epidemiologic investigation of a known or suspected threat caused by nuclear, biological, or chemical agents.

2.         The examination and testing of persons and animals that may have been exposed to a nuclear, biological, or chemical agent.

3.         The procurement and allocation of immunizing agents and prophylactic antibiotics.

4.         The allocation of the National Pharmaceutical Stockpile.

5.         The appropriate conditions for quarantine and isolation in order to prevent further transmission of disease.

6.         Immunization procedures.

7.         The issuance of guidelines for prophylaxis and treatment of exposed and affected persons.

b2.       Establishment of a voluntary model registry for use by political subdivisions in identifying functionally and medically fragile persons in need of assistance during a disaster. All records, data, information, correspondence, and communications relating to the registration of persons with special needs or of functionally and medically fragile persons obtained pursuant to this sub‑subdivision are confidential and are not a public record pursuant to G.S. 132‑1 or any other applicable statute, except that this information shall be available to emergency response agencies, as determined by the local emergency management director. This information shall be used only for the purposes set forth in this sub‑subdivision.

c.         Promulgation of standards and requirements for local plans and programs consistent with federal and State laws and regulations, determination of eligibility for State financial assistance provided for in G.S. 166A‑7 and provision of technical assistance to local governments. Standards and requirements for local plans and programs promulgated under this sub‑subdivison shall be reviewed by the Division of Emergency Management at least biennially and updated as necessary.

d.         Development and presentation of training programs, including the Emergency Management Certification Program established under Article 5 of this Chapter, and public information programs to insure the furnishing of adequately trained personnel and an informed public in time of need.

e.         Making of such studies and surveys of the resources in this State as may be necessary to ascertain the capabilities of the State for emergency management, maintaining data on these resources, and planning for the most efficient use thereof.

f.          Coordination of the use of any private facilities, services, and property.

g.         Preparation for issuance by the Governor of executive orders, proclamations, and regulations as necessary or appropriate.

h.         Cooperation and maintenance of liaison with the other states, federal government and any public or private agency or entity in achieving any purpose of this Article and in implementing programs for emergency, disaster or war prevention, preparation, response, and recovery.

i.          Making recommendations, as appropriate, for zoning, building and other land‑use controls, and safety measures for securing mobile homes or other nonpermanent or semipermanent works designed to protect against or mitigate the effects of a disaster.

j.          Coordination of the use of existing means of communications and supplementing communications resources and integrating them into a comprehensive State or State‑federal telecommunications or other communications system or network.

k.         Administration of federal and State grant funds provided for emergency management purposes, including those funds provided for planning and preparedness activities by emergency management agencies.

l.          Serving as the lead State agency for the coordination of information and resources for hazard risk management, which shall include the following responsibilities:

1.         Coordinating with other State agencies and county governments in conducting hazard risk analysis. To the extent another State agency has primary responsibility for the adoption of hazard mitigation standards, those standards shall be applied in conducting a hazard risk analysis.

2.         Establishing and maintaining a hazard risk management information system and tools to display natural hazards and vulnerabilities and conducting risk assessment.

3.         Acquiring and leveraging all natural hazard data generated or maintained by State agencies and county governments.

4.         Acquiring and leveraging all vulnerability data generated or maintained by State agencies and county governments.

5.         Maintaining a clearinghouse for methodologies and metrics for calculating and communicating hazard probability and loss estimation.

m.        Utilizing and maintaining technology that enables efficient and effective communication and management of resources between political subdivisions, State agencies, and other governmental entities involved in emergency management activities.  (1951, c. 1016, ss. 3, 9; 1953, c. 1099, s. 3; 1955, c. 387, ss. 2, 3, 5; 1957, c. 950, s. 5; 1975, c. 734, ss. 9, 10, 14, 16; 1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s. 2; 1995, c. 509, s. 124; 2001‑214, s. 2; 2002‑179, s. 12; 2009‑192, s. 1; 2009‑193, s. 3; 2009‑196, s. 1; 2009‑225, s. 1.)

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