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39A.070 Powers, responsibilities, and duties of director.

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Page 1 of 3 39A.070 Powers, responsibilities, and duties of director. The director, with the approval of the adjutant general, shall exercise the following <br>powers, responsibilities, and duties: <br>(1) To represent the Governor on all matters pertaining to the comprehensive emergency management program and the disaster and emergency response of the <br>Commonwealth; (2) To coordinate the development of a statewide comprehensive emergency management program, and through it, an integrated emergency management system <br>for the disaster and emergency response of the Commonwealth; (3) To promulgate administrative regulations and issue orders, directives, standards, rules, procedures, guidance, or recommended practices necessary to coordinate the <br>development, administration, organization, operation, implementation, and <br>maintenance of the statewide comprehensive emergency management program and <br>the integrated emergency management system of the Commonwealth; (4) To coordinate the development of comprehensive emergency management programs by the cities, counties, and urban-county or charter county governments as <br>functional components of the integrated emergency management system of the <br>Commonwealth; (5) To supervise the development and maintenance of the Kentucky Emergency Operations Plan, and to review and give concurrence to local emergency operations <br>plans required pursuant to KRS Chapters 39A to 39F; (6) To coordinate the comprehensive emergency management program of the Commonwealth with the emergency management or other emergency response-<br>related programs of the federal government, and of other states, to the fullest <br>appropriate extent; (7) To advise the Governor and the adjutant general immediately of the occurrence or threatened or impending occurrence of any disaster or emergency, and to <br>recommend to the Governor any emergency actions, written orders, emergency <br>powers, or executive orders that the Governor should execute; (8) To serve as the Governor's primary liaison with local officials in the event of the occurrence, or threatened or impending occurrence, of any disaster or emergency in <br>the cities, counties, urban-counties, or charter counties of the Commonwealth; (9) To take any other preparedness or response actions deemed necessary for adequate response to a disaster or emergency situation to include: requesting increased <br>readiness activities by state or local agencies in advance of an actual disaster or <br>emergency; requesting implementation of local emergency operations plans or the <br>activation of local emergency operations centers; requesting reports from state or <br>local agencies regarding emergency situations, damage assessments, or the taking of <br>emergency response actions; and requesting the mobilization or deployment of any <br>trained and equipped forces of state or local government for the disaster and <br>emergency response purposes set forth in KRS Chapters 39A to 39F; (10) To request and utilize the personnel, equipment, services, and facilities of existing officers and agencies of the Commonwealth and of all political subdivisions and Page 2 of 3 special districts. All these officers and agencies shall fully cooperate with and <br>extend their resources to the director as requested to the extent that local public <br>safety is not unreasonably compromised; (11) To employ measures and give directions to the state or local boards of health as necessary for the purpose of securing compliance with the provisions of KRS <br>Chapters 39A to 39F, or with the findings or recommendations of the boards of <br>health, because of conditions arising from disasters, emergency situations, national <br>security emergencies, or the threat thereof; (12) To request and utilize the services of state and local law enforcement officers for the purpose of securing compliance with the provisions of KRS Chapters 39A to <br>39F, or any order of the Governor pertaining to disaster and emergency response; (13) On behalf of this Commonwealth, with the approval of the Governor or act of the General Assembly, to enter into reciprocal aid agreements or compacts with other <br>states and the federal government, either on a statewide, local, county, or city basis, <br>or with other states or a province of a foreign country. The mutual aid agreements <br>shall be limited to the furnishing or exchange of food, clothing, medicine, and other <br>supplies; engineering services; emergency housing; police services; National Guard <br>personnel and resources while under the control of the state; health, medical, and <br>related services; firefighting; rescue; search and rescue or recovery; urban search <br>and rescue; hazardous materials response services, transportation and construction <br>services and equipment; personnel necessary to provide or conduct these services <br>and other supplies, equipment, facilities, personnel, and services as needed; the <br>reimbursement of costs and expenses for equipment, supplies, personnel, and <br>similar items for mobile support units, firefighting, search and rescue, and police <br>units, and health units; and on the terms and conditions deemed necessary; (14) To sponsor and develop mutual aid plans and agreements among the urban-county or charter county governments, counties, cities, and other political subdivisions and <br>special districts of the Commonwealth, similar to the mutual aid arrangements with <br>other states referred to in subsection (13) of this section; (15) To procure motor vehicles, radio and telecommunications equipment, protective clothing, safety equipment, and other necessary supplies and materials to meet the <br>emergency response, operational, and administrative needs of the division; (16) To identify deficiencies existing in the emergency management program organization, facilities, and capabilities of the Commonwealth, including but not <br>limited to: personnel and administrative resources; state, sub-state, area, or local <br>emergency operations centers; mobile command posts; emergency telecommunications and computer systems; alerting and warning systems; <br>stockpiles of critical resources; or any other necessary elements, and to recommend <br>to the adjutant general, for consideration by the Governor or the General Assembly <br>or other appropriate funding authority, the administrative or operational funding <br>requirements, and long-range capital construction or improvement projects needed <br>to meet the emergency management infrastructure needs of the Commonwealth; (17) To serve as the state coordinating officer and notify the Governor of the appropriations necessary to fund the expected emergency operational or response Page 3 of 3 costs of the division, and the Commonwealth's share of the grants provided by <br>Pub.L.No. 93-288, Title V, Federal Disaster Assistance Programs as amended by <br>Pub.L.No. 100-707, the Robert T. Stafford Disaster Relief and Emergency <br>Assistance Act, or successor acts or titles, and further, take action necessary to <br>ensure entitlement to all other federal relief or assistance programs; (18) To cooperate with the President of the United States, the Federal Emergency Management Agency, and other appropriate federal offices and agencies, and the <br>offices and agencies of other states in matters pertaining to the comprehensive <br>emergency management program of the Commonwealth and nation; and in <br>connection with these, to take any measures considered necessary to implement any <br>request of the President and the appropriate federal offices and agencies, for any <br>action requiring effective disaster and emergency response, including the direction <br>or control and mobilization of disaster and emergency response forces; tests and <br>exercises, warnings, and signals for drills or other emergency response activities <br>and the mechanical devices to be used in connection with these; the shutting off of <br>water mains, gas mains, electric power connections, and the suspension of all other <br>utility services; the conduct of civilians and the movement and cessation of <br>movement of pedestrians and vehicular traffic during, prior, and subsequent to a <br>drill, emergency, declared emergency, or disaster; public meetings or gatherings; <br>and the evacuation and sheltering of the civilian population; and (19) To delegate any authority vested in the director under KRS Chapters 39A to 39F and to provide for the subdelegation of any such authority. Effective: July 12, 2006 <br>History: Amended 2006 Ky. Acts ch. 193, sec. 7, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 82, sec. 4, effective March 28, 2002. -- Created 1998 Ky. Acts <br>ch. 226, sec. 7, effective July 15, 1998.