§ 166A-6. State of disaster.
§ 166A‑6. State of disaster.
(a) The existence of a state of disaster may be proclaimed bythe Governor, or by a resolution of the General Assembly if either of thesefinds that a disaster threatens or exists.
(a1) If a state of disaster is proclaimed, the Secretary shallprovide the Governor and the General Assembly with a preliminary damageassessment as soon as the assessment is available. Upon receipt of thepreliminary damage assessment, the Governor shall issue a proclamation definingthe area subject to the state of disaster and proclaiming the disaster as aType I, Type II, or Type III disaster. In determining whether the disastershall be proclaimed as a Type I, Type II, or Type III disaster, the Governorshall follow the standards set forth below.
(1) A Type I disaster may be declared if all of the followingcriteria are met:
a. A local state of emergency has been declared pursuant toG.S. 166A‑8, and a written copy of the declaration has been forwarded tothe Governor;
b. The preliminary damage assessment meets or exceeds thecriteria established for the Small Business Administration Disaster LoanProgram pursuant to 13 C.F.R. Part 123 or meets or exceeds the Stateinfrastructure criteria set out in G.S. 166A‑6.01(b)(2)a.; and
c. A major disaster declaration by the President of the UnitedStates pursuant to the Stafford Act has not been declared.
A Type I disaster declaration may be made by theGovernor prior to, and independently of, any action taken by the Small BusinessAdministration, the Federal Emergency Management Agency, or any other federalagency. A Type I disaster declaration shall expire 30 days after its issuanceunless renewed by the Governor or the General Assembly. Such renewals may bemade in increments of 30 days each, not to exceed a total of 120 days from thedate of first issuance. The Joint Legislative Commission on GovernmentalOperations shall be notified prior to the issuance of any renewal of a Type Idisaster declaration.
(2) A Type II disaster may be declared if the President of theUnited States has issued a major disaster declaration pursuant to the StaffordAct. The Governor may request federal disaster assistance under the StaffordAct without making a Type II disaster declaration. A Type II disasterdeclaration shall expire six months after its issuance unless renewed by theGovernor or the General Assembly. Such renewals may be made in increments ofthree months each, not to exceed a total of 12 months from the date of firstissuance. The Joint Legislative Commission on Governmental Operations shall benotified prior to the issuance of any renewal of a Type II disasterdeclaration.
(3) A Type III disaster may be declared if the President of theUnited States has issued a major disaster declaration under the Stafford Act and:
a. The preliminary damage assessment indicates that the extentof damage is reasonably expected to meet the threshold established for anincreased federal share of disaster assistance under applicable federal law andregulations; or
b. The preliminary damage assessment prompts the Governor tocall a special session of the General Assembly to establish programs to meetthe unmet needs of individuals or political subdivisions affected by thedisaster.
A Type III disaster declaration shall expire 12 monthsafter its issuance unless renewed by the General Assembly.
(a2) Any state of disaster declared before July 1, 2001, shallterminate by a proclamation of the Governor or resolution of the GeneralAssembly. A proclamation or resolution declaring or terminating a state ofdisaster shall be disseminated promptly by means calculated to bring itscontents to the attention of the general public and, unless the circumstancesattendant upon the disaster prevent or impede, promptly filed with theSecretary of Crime Control and Public Safety, the Secretary of State and theclerks of superior court in the area to which it applies.
(b) In addition to any other powers conferred upon the Governorby law, during a state of disaster, the Governor shall have the following powers:
(1) To utilize all available State resources as reasonablynecessary to cope with an emergency, including the transfer and direction ofpersonnel or functions of State agencies or units thereof for the purpose ofperforming or facilitating emergency services;
(2) To take such action and give such directions to State andlocal law‑enforcement officers and agencies as may be reasonable andnecessary for the purpose of securing compliance with the provisions of thisArticle and with the orders, rules and regulations made pursuant thereto;
(3) To take steps to assure that measures, including theinstallation of public utilities, are taken when necessary to qualify fortemporary housing assistance from the federal government when that assistanceis required to protect the public health, welfare, and safety;
(4) Subject to the provisions of the State Constitution torelieve any public official having administrative responsibilities under thisArticle of such responsibilities for willful failure to obey an order, rule orregulation adopted pursuant to this Article.
(c) In addition, during a state of disaster, with theconcurrence of the Council of State, the Governor has the following powers:
(1) To direct and compel the evacuation of all or part of thepopulation from any stricken or threatened area within the State, to prescriberoutes, modes of transportation, and destinations in connection withevacuation; and to control ingress and egress of a disaster area, the movementof persons within the area, and the occupancy of premises therein;
(2) To establish a system of economic controls over allresources, materials and services to include food, clothing, shelter, fuel,rents and wages, including the administration and enforcement of any rationing,price freezing or similar federal order or regulation;
(3) To regulate and control the flow of vehicular and pedestriantraffic, the congregation of persons in public places or buildings, lights andnoises of all kinds and the maintenance, extension and operation of publicutility and transportation services and facilities;
(4) To waive a provision of any regulation or ordinance of aState agency or a political subdivision which restricts the immediate relief ofhuman suffering;
(5) Repealed by Session Laws 2001‑214, s. 3, effectiveJuly 1, 2001.
(6) To perform and exercise such other functions, powers andduties as are necessary to promote and secure the safety and protection of thecivilian population;
(7) To appoint or remove an executive head of any State agencyor institution the executive head of which is regularly selected by a Stateboard or commission.
a. Such an acting executive head will serve during:
1. The physical or mental incapacity of the regular officeholder, as determined by the Governor after such inquiry as the Governor deemsappropriate;
2. The continued absence of the regular holder of the office;or
3. A vacancy in the office pending selection of a new executivehead.
b. An acting executive head of a State agency or institutionappointed in accordance with this subdivision may perform any act and exerciseany power which a regularly selected holder of such office could lawfullyperform and exercise.
c. All powers granted to an acting executive head of a Stateagency or institution under this section shall expire immediately:
1. Upon the termination of the incapacity as determined by theGovernor of the officer in whose stead he acts;
2. Upon the return of the officer in whose stead he acts; or
3. Upon the selection and qualification of a person to servefor the unexpired term, or the selection of an acting executive head of theagency or institution by the board or commission authorized to make suchselection, and his qualification.
(8) To procure, by purchase, condemnation, seizure or by othermeans to construct, lease, transport, store, maintain, renovate or distributematerials and facilities for emergency management without regard to thelimitation of any existing law.
(d) In preparation for a state of disaster, with the concurrenceof the Council of State, the Governor may use contingency and emergency fundsas necessary and appropriate for National Guard training in preparation fordisasters. (1951, c. 1016, s. 4;1955, c. 387, s. 4; 1959, c. 284, s. 2; c. 337, s. 4; 1975, c. 734, ss. 11, 14;1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s. 2; 1993, c. 321, s. 181(a);1995, c. 509, s. 125; 2001‑214, s. 3.)