§ 166A-5. State emergency management.
§ 166A‑5. Stateemergency management.
The State emergency managementprogram includes all aspects of preparations for, response to and recovery fromwar or peacetime disasters.
(1) Governor. TheGovernor shall have general direction and control of the State emergencymanagement program and shall be responsible for carrying out the provisions ofthis Article.
a. The Governor isauthorized and empowered:
1. To make, amend orrescind the necessary orders, rules and regulations within the limits of theauthority conferred upon him herein, with due consideration of the policies ofthe federal government.
2. To delegate anyauthority vested in him under this Article and to provide for the subdelegationof any such authority.
3. To cooperate andcoordinate with the President and the heads of the departments and agencies ofthe federal government, and with other appropriate federal officers andagencies, and with the officers and agencies of other states and local units ofgovernment in matters pertaining to the emergency management of the State andnation.
4. To enter intoagreements with the American National Red Cross, Salvation Army, MennoniteDisaster Service and other disaster relief organizations.
5. To make, amend, orrescind mutual aid agreements in accordance with G.S. 166A‑10.
6. To utilize theservices, equipment, supplies and facilities of existing departments, officesand agencies of the State and of the political subdivisions thereof. Theofficers and personnel of all such departments, offices and agencies arerequired to cooperate with and extend such services and facilities to theGovernor upon request. This authority shall extend to a state of disaster,imminent threat of disaster or emergency management planning and trainingpurposes.
7. To agree, whenrequired to obtain federal assistance in debris removal, that the State willindemnify the federal government against any claim arising from the removal ofthe debris.
8. To sell, lend,lease, give, transfer or deliver materials or perform services for disasterpurposes 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 contingencyand emergency funds as necessary and appropriate to provide relief andassistance from the effects of a disaster, and to reallocate such other fundsas may reasonably be available within the appropriations of the variousdepartments when the severity and magnitude of such disaster so requires andthe contingency and emergency funds are insufficient or inappropriate.
b. In the threat of orevent of a disaster, or when requested by the governing body of any politicalsubdivision in the State, the Governor may assume operational control over allor any part of the emergency management functions within this State.
(2) Secretary of CrimeControl and Public Safety. The Secretary of Crime Control and Public Safetyshall be responsible to the Governor for State emergency management activities.The Secretary shall have the following powers and duties as delegated by theGovernor:
a. To activate theState and local plans applicable to the areas in question and to authorize anddirect the deployment and use of any personnel and forces to which the plan orplans apply, and the use or distribution of any supplies, equipment, materialsand facilities available pursuant to this Article or any other provision oflaw.
b. To adopt the rulesto implement this Article.
c. To develop a systemof damage assessment through which the Secretary will recommend the appropriatelevel 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 andmagnitude as to be beyond the response capabilities of the local government orpolitical subdivision.
d. Additionalauthority, duties, and responsibilities as may be prescribed by the Governor.The Secretary may subdelegate his authority to the appropriate member of hisdepartment.
(3) Functions of StateEmergency Management. The functions of the State emergency management programinclude:
a. Coordination of theactivities of all agencies for emergency management within the State, includingplanning, organizing, staffing, equipping, training, testing, and the activationof emergency management programs.
b. Preparation andmaintenance of State plans for man‑made or natural disasters. The Stateplans or any parts thereof may be incorporated into department regulations andinto executive orders of the Governor.
b1. Coordination with theState Health Director to amend or revise the North Carolina EmergencyOperations Plan regarding public health matters. At a minimum, the revisions tothe Plan shall provide for the following:
1. The epidemiologicinvestigation of a known or suspected threat caused by nuclear, biological, orchemical agents.
2. The examination andtesting of persons and animals that may have been exposed to a nuclear,biological, or chemical agent.
3. The procurement andallocation of immunizing agents and prophylactic antibiotics.
4. The allocation ofthe National Pharmaceutical Stockpile.
5. The appropriateconditions for quarantine and isolation in order to prevent furthertransmission of disease.
6. Immunizationprocedures.
7. The issuance ofguidelines for prophylaxis and treatment of exposed and affected persons.
b2. Establishment of avoluntary model registry for use by political subdivisions in identifyingfunctionally and medically fragile persons in need of assistance during adisaster. All records, data, information, correspondence, and communicationsrelating to the registration of persons with special needs or of functionallyand medically fragile persons obtained pursuant to this sub‑subdivisionare confidential and are not a public record pursuant to G.S. 132‑1 orany other applicable statute, except that this information shall be availableto emergency response agencies, as determined by the local emergency managementdirector. This information shall be used only for the purposes set forth inthis sub‑subdivision.
c. Promulgation ofstandards and requirements for local plans and programs consistent with federaland State laws and regulations, determination of eligibility for Statefinancial assistance provided for in G.S. 166A‑7 and provision of technicalassistance to local governments. Standards and requirements for local plans andprograms promulgated under this sub‑subdivison shall be reviewed by theDivision of Emergency Management at least biennially and updated as necessary.
d. Development andpresentation of training programs, including the Emergency ManagementCertification Program established under Article 5 of this Chapter, and publicinformation programs to insure the furnishing of adequately trained personneland an informed public in time of need.
e. Making of suchstudies and surveys of the resources in this State as may be necessary toascertain the capabilities of the State for emergency management, maintainingdata on these resources, and planning for the most efficient use thereof.
f. Coordination of theuse of any private facilities, services, and property.
g. Preparation forissuance by the Governor of executive orders, proclamations, and regulations asnecessary or appropriate.
h. Cooperation andmaintenance of liaison with the other states, federal government and any publicor private agency or entity in achieving any purpose of this Article and inimplementing programs for emergency, disaster or war prevention, preparation,response, and recovery.
i. Makingrecommendations, as appropriate, for zoning, building and other land‑usecontrols, and safety measures for securing mobile homes or other nonpermanentor semipermanent works designed to protect against or mitigate the effects of adisaster.
j. Coordination of theuse of existing means of communications and supplementing communicationsresources and integrating them into a comprehensive State or State‑federaltelecommunications or other communications system or network.
k. Administration offederal and State grant funds provided for emergency management purposes,including those funds provided for planning and preparedness activities byemergency management agencies.
l. Serving as the leadState agency for the coordination of information and resources for hazard riskmanagement, which shall include the following responsibilities:
1. Coordinating withother State agencies and county governments in conducting hazard risk analysis.To the extent another State agency has primary responsibility for the adoptionof hazard mitigation standards, those standards shall be applied in conductinga hazard risk analysis.
2. Establishing andmaintaining a hazard risk management information system and tools to displaynatural hazards and vulnerabilities and conducting risk assessment.
3. Acquiring andleveraging all natural hazard data generated or maintained by State agenciesand county governments.
4. Acquiring andleveraging all vulnerability data generated or maintained by State agencies andcounty governments.
5. Maintaining aclearinghouse for methodologies and metrics for calculating and communicatinghazard probability and loss estimation.
m. Utilizing andmaintaining technology that enables efficient and effective communication andmanagement of resources between political subdivisions, State agencies, andother 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.)