North Carolina Emergency Management and Homeland Security Authorities Summarized

North Carolina Emergency Management and Homeland Security Authorities Summarized

Order Code RS21797
April 1, 2004
CRS Report for Congress
Received through the CRS Web
North Carolina Emergency Management and
Homeland Security Authorities Summarized
Keith Bea and Sula P. Richarson
Government and Finance Division
L. Cheryl Runyon and Kae M. Warnock
Consultants
Government and Finance Division
Summary
The governor of North Carolina exercises emergency management powers; the
Secretary of Crime Control and Public Safety has lead responsibility for emergency
management administration. The secretary prepares preliminary damage assessments
the that governor uses to issue disaster declarations, and determines the appropriate level
of response by the state and whether federal assistance is required. Emergency plans are
not subject to freedom of information act requests.
This report is one of a series that profiles emergency management and homeland
security statutory authorities of the 50 states, the District of Columbia, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico,
American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the more
significant elements of state statutes, generally as codified. Congressional readers may
wish to conduct further searches for related provisions using the Internet link presented
in the last section of this report. The National Conference of State Legislatures provided
primary research assistance in the development of these profiles under contract to the
Congressional Research Service (CRS). Summary information on all of the profiles is
presented in CRS Report RL32287. This report will be updated as developments
warrant.
Entities with Key Responsibilities
Governor: The governor serves as commander-in-chief of the militia and is
authorized to call out the militia to provide disaster relief (N.C. Gen. Stat. §127A-16).
Under the Emergency War Powers Act the governor may: plan for distribution of food,
fuel, and material; organize civil defense; require evacuations; organize first responders
and private corporations during an emergency; control traffic flow; authorize officers to
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accept federal funds and equipment, material, supplies and loans; suspend laws related
to highways, public health, labor and industry; and control rationing and price-fixing
(N.C. Gen. Stat. §147-33.1 et seq.). The governor also is authorized to make, amend, and
rescind orders, rules, and regulations; coordinate with the president and federal agencies
and other state agencies; enter into agreements with the Red Cross, Salvation Army, and
other disaster relief organizations; make, amend, and rescind mutual aid agreements; use
contingency and emergency funds; and reallocate other agency funds when contingency
and emergency funds are insufficient (N.C. Gen. Stat. §166A-5 (1)). During an emergency
the governor may: use all state resources; give directions to law enforcement; provide
temporary housing; set economic controls on food, rent, wages; and control traffic and
procure supplies and facilities (N.C. Gen. Stat. §166A-6 (a2), (c)).

Secretary of Crime Control and Public Safety: The secretary serves as chief
coordinating officer for natural and man-made disasters or emergencies. Every state
agency reports to the secretary about all natural and man-made disasters. The secretary
is authorized to designate lead agencies for additional phases of emergencies or disasters
after the initial response (N.C. Gen. Stat. §143B-476). Also, the secretary is authorized
to: activate state and local plans; deploy personnel; use and distribute supplies,
equipment, and facilities; develop a system of damage assessment to recommend the
“appropriate level of disaster declaration to the governor” (N.C. Gen. Stat. §166A-5 (2)).
County governing body: Each county government must establish and maintain an
emergency management agency and appoint a coordinator (N.C. Gen. Stat. §166A-7).
Regional Response Team Advisory Committee: The committee advises the secretary
with regard to the establishment of an emergency response program for hazardous
material emergencies (N.C. Gen. Stat. §166A-26).
Preparedness
The statute mandates that a state emergency management program include the
following functions: coordination of all emergency management agencies for planning,
training, testing, and activation; preparation and maintenance of state plans for natural and
man-made disasters; coordination with the state health director on public health matters,
especially nuclear, biological and chemical threats and responses; establishment of
standards and requirements for local plans and programs, and training and public
information programs; and recommendations for zoning, building, and land-use
ordinances (N.C. Gen. Stat. §166A-5 (3)).
The state health director is authorized to take specified actions if a public health
threat is identified from a terrorist incident involving nuclear, biological, or chemical
agents (N.C. Gen. Stat. §130A-475 et seq.).
The Hazardous Materials Emergency Response Act established a regional response
system for hazardous material emergencies and terrorist incidents (N.C. Gen. Stat. §166A-
20 et seq.).
Every corporation that owns a nuclear facility pays annual fees for the cost of
planning and emergency response for nuclear facilities (N.C. Gen. Stat. §166A-6.1).

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Declaration Procedures
The governor or the general assembly may declare a disaster. The Secretary of
Crime Control and Public Safety is to provide a preliminary damage assessment for the
governor to determine whether a disaster is to be classified as Type I, II, or III, with
criteria and durations for the types of declarations set in the statute (N.C. Gen. Stat.
§166A-6).
A local emergency declaration may be declared for any disaster as prescribed;
issuance of a declaration activates local ordinances and all applicable local plans, as well
as mutual assistance compacts and agreements; the declaration also authorizes assistance.
The timing, amendment, and rescission of a local “state of emergency” must be
accomplished in accordance with local ordinances (N.C. Gen. Stat. §166A-8).
Types of Assistance
The state agency for federal surplus property may acquire federal property and
distribute it to civil defense organizations and other eligible donees (N.C. Gen. Stat. §143-
64.2).
The governor is authorized to make state funds available for disaster assistance.
Funds are administered through disaster assistance programs by the type of disaster (see
“Declaration Procedures” (N.C. Gen. Stat. §166A-6.01).
Each county that establishes an emergency management agency and meets prescribed
requirements may be eligible to receive state financial assistance for maintaining and
operating a county emergency management program. Such assistance cannot exceed
$1,000 for any fiscal year, and is subject to an appropriation for that purpose. The
eligibility of each county is determined annually by the state (N.C. Gen. Stat. §166A-
7(e)).
Mutual Aid
The Emergency Management Assistance Compact is codified (N.C. Gen. Stat.
§166A-40 et seq).
The Southeastern Interstate Forest Fire Protection Compact is codified (N.C. Gen.
Stat. §113-60.11).
Mutual aid contracts between cities, counties, water and sewer authorities, and other
entities are to be used to provide assistance in restoring utility service after a natural
disaster or emergency (N.C. Gen. Stat. §160A-318).
The chief executive officer of political subdivision is authorized to develop mutual
aid agreements (N.C. Gen. Stat. §166A-10).

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Funding
The governor is authorized to accept, or may authorize political subdivisions to
accept gifts and grants for emergency management purposes (N.C. Gen. Stat. §166A-9).
A county or municipality is authorized to make appropriations and levy property
taxes. Appropriations are used to purchase equipment, materials, supplies, and develop
emergency management plans. Each county with an emergency management plan is
eligible for state financial assistance (N.C. Gen. Stat. §166A-7 (c)).
The Hazardous Materials Emergency Response Fund is used to establish and operate
a regional hazardous materials response system (N.C. Gen. Stat. §166A-28).
Hazard Mitigation
The state building code was enacted to reduce the effects of natural disasters (N.C.
Gen. Stat. §143-138).
In order to delineate flood hazard areas and 100-year floodplains, local governments
may request assistance from the Federal Emergency Management Agency and other state
and federal agencies. Floodplain maps are to be prepared and used to administer the
National Flood Insurance Program (N.C. Gen. Stat. §143-215.56).
Continuity of Government Operations
Authorities have been enacted providing for lines of succession for the office of
governor (N.C. Gen. Stat. §147-11.1); U.S. senators until the next election (N.C. Gen.
Stat. §163-12); U.S. representatives by special election (N.C. Gen. Stat. §163-13); and
successor for judiciary offices until the next election (N.C. Gen. Stat. §136-9, Art. IV
§19).
The executive director of the state board of elections may exercise emergency
powers to conduct an election in a district where the election schedule was disrupted by
a natural disaster, extremely inclement weather, or armed conflict involving the national
guard and reserve (N.C. Gen. Stat. §163-27.1).
Other
Emergency response plans from the University of North Carolina, community
colleges, and public hospitals are not public records and are not subject to inspection and
examination (N.C. Gen. Stat. §132-1.6).
Public records shall not include public security plans for public buildings and
infrastructure facilities (N.C. Gen. Stat. §132-1.7).
If adverse weather or an emergency situation causes a court session to be cancelled
or postponed, the chief justice of the state supreme court can extend filing times (N.C.
Gen. Stat. §7A-39).

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If the Commissioner of Banks determines that an emergency exists or is impending,
he or she may authorize banks in any affected part of state to close. In the interest of
national defense, the commissioner may order a bank to open or close. The office is to
remain closed until commissioner declares emergency rescinded. If communications are
disrupted, a bank officer can close a branch or branches and later inform the
commissioner of the events (N.C. Gen. Stat. §53-77.3).
The governor is authorized to set policy and regulations for leaves of absence for
military training and duty or emergency management service for all state employees and
political subdivisions, without a loss of pay or seniority (N.C. Gen. Stat. §127A-116).
When engaged in disaster relief, a member of the national guard or state militia is
immune from liability (N.C. Gen. Stat. §127A-150).
State agents and corporations complying with the Emergency War Powers Act are
immune from liability (§147-33.4).
The statute establishes immunity and liability protection for emergency management
workers (§166A-14, 15).
The statute provides for compensation to be given for property taken during an
emergency (§166A-11).
The statute prohibits discrimination in the provision of emergency management
services (§166A-12).
The statute authorizes 15 days leave be given to state employees who are disaster
service volunteers for the Red Cross in a 12-month period at the discretion of the state
agency head based on work needs (§166A-30 et seq.).
Emergency management workers cannot advocate the violent overthrow of
government (§166A-13).
Members of regional response teams are provided immunity from liability while
responding to hazardous material accidents (§166A-24).
Key Terms
Table 1. Key Emergency Management and Homeland Security
Terms Defined in North Carolina Statutes, with Citations
Terms
Citations
Biological agent
N.C. Gen. Stat. §130A-479
Disaster
N.C. Gen. Stat. §166A-4 (1)
Disaster area
N.C. Gen. Stat. §166A-4 (2)
Emergency management
N.C. Gen. Stat. §166A-4 (4)

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Terms
Citations
Emergency management agency
N.C. Gen. Stat. §166A-4 (5)
Hazardous materials
N.C. Gen. Stat. §166A-21 (2)
Hazardous materials emergency
N.C. Gen. Stat. §166A-21 (1)
response team
Hazardous materials incident
N.C. Gen. Stat. §166A-21 (3)
Preliminary damage assessment
N.C. Gen. Stat. §166A-4 (7)
Regional response team
N.C. Gen. Stat. §166A-21 (4)
State acquisition and relocation fund
N.C. Gen. Stat. §166A-4 (10)
Terrorist incident
N.C. Gen. Stat. §166A-21 (7)
For Further Research
The citations noted above and other elements of the state code for North Carolina
may be searched at: [http://www.ncga.state.nc.us/Statutes/Statutes.asp].