2010 Tennessee Code
Title 58 - Military Affairs, Emergencies and Civil Defense
Chapter 2 - Disasters, Emergencies and Civil Defense
Part 1 - General Emergency Provisions
58-2-101 - Chapter definitions.

58-2-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

     (1)  “Agency” means the Tennessee emergency management agency (TEMA);

     (2)  “CLEO” means the chief local elected official;

     (3)  “Compacts” means the emergency management compacts included in parts 4 and 7 of this chapter;

     (4)  “Disaster” means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state emergency by a county, the governor, or the president of the United States. “Disaster” is identifiable by the severity of resulting damage, as follows:

          (A)  “Catastrophic disaster” means a disaster that will require massive state and federal assistance, including immediate military involvement;

          (B)  “Major disaster” means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance; and

          (C)  “Minor disaster” means a disaster that is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance;

     (5)  “EMA” means a local emergency management agency of a political subdivision;

     (6)  “Emergency” means an occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, that results or may result in substantial injury or harm to the population, or substantial damage to or loss of property; provided, that natural threats may include disease outbreaks and epidemics;

     (7)  “Emergency management” means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. Specific emergency management responsibilities include, but are not limited to:

          (A)  Reduction of vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural, technological, or manmade emergencies or hostile military or paramilitary action;

          (B)  Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies;

          (C)  Response to emergencies using all systems, plans, and resources necessary to preserve adequately the health, safety, and welfare of persons or property affected by the emergency;

          (D)  Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies;

          (E)  Provision of an emergency management system embodying all aspects of pre-emergency preparedness and post emergency response, recovery, and mitigation; and

          (F)  Assistance in anticipation, recognition, appraisal, prevention, and mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use;

     (8)  “Emergency management preparedness and assistance trust fund” means a trust fund to be administered solely by TEMA. All funds collected by the state and placed in this trust fund shall be designated for emergency management purposes only;

     (9)  “Emergency services coordinator” or “ESC” means the person or persons selected by the head of each executive branch agency or commissioner designated by the governor and includes alternates. The ESC and an alternate will be responsible for coordinating with the agency on emergency preparedness issues, preparing and maintaining emergency preparedness and post disaster response and recovery plans for their agency, maintaining rosters of personnel to assist in disaster operations, and coordinating appropriate training for agency personnel;

     (10)  “Energy emergency” means a condition of danger to the health, safety, welfare, or economic well being of the citizens of the state of Tennessee arising out of a present or threatened shortage of usable energy resources; also any condition of substantial danger to the health, safety, or welfare of the citizens of the state of Tennessee resulting from the operation of any electrical power generating facility, the transport of any energy resource by any means whatsoever, or the production, use or disposal of any source material, special nuclear material, or by-product material as defined by the Atomic Energy Act of 1954, 68 Stat. 919, 42 U.S.C. §§ 2011-2394; also any nuclear incident, as defined by the Atomic Energy Act of 1954, occurring in or outside the state of Tennessee, substantially affecting the health, safety, or welfare of the citizens of this state;

     (11)  “Energy resources” includes all forms of energy or power, including without limitation, oil, gasoline, and other petroleum products; natural or synthetic gas; electricity in all forms and from all sources; and other fuels of any description;

     (12)  “Entity” includes a firm, business, for profit and not-for-profit corporation, profit and not-for-profit unincorporated association, partnership, and two (2) or more persons having a joint or common economic interest;

     (13)  “GAR” means the governor's authorized representative;

     (14)  “Local emergency management agency” means an organization created in accordance with the provisions of this chapter to discharge the emergency management responsibilities and functions of a political subdivision;

     (15)  “Manmade emergency” means an emergency caused by an action against persons or society, including, but not limited to, enemy attack, sabotage, terrorism, civil unrest, or other action impairing the orderly administration of government;

     (16)  “Mobile reserve unit” means an organization for emergency management created in accordance with the provisions of this chapter by state or local authority to be dispatched by the governor to supplement local organizations for emergency management in a stricken area;

     (17)  “Natural emergency” means any emergency caused by a natural event, including, but not limited to, a storm, a flood, a drought, or an earthquake;

     (18)  “Person” includes a natural person or entity organized under the laws of this state or any other state or territory of the United States or the federal government, as the case may be, and includes both the singular and plural;

     (19)  “Political subdivision” means any municipality or county, including any county having metropolitan form of government, created pursuant to law;

     (20)  “Public official” means an elected or appointed person in the executive, legislative or judicial branch of the state or any political subdivision of the state;

     (21)  “SCO” means state coordinating officer;

     (22)  “Technological emergency” means an emergency caused by a technological failure or accident, including, but not limited to, an explosion, transportation accident, radiological accident, or chemical or other hazardous material incident; and

     (23)  “TEMP” means Tennessee emergency management plan.

[Acts 2000, ch. 946, § 1; 2006, ch. 588, § 1; 2009, ch. 288, § 2.]  

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