Alabama Resilience Council, created

HB179 INTRODUCED
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HB179
EJRLQ99-1
By Representative Brown
RFD: State Government
First Read: 13-Jan-26
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EJRLQ99-1 01/12/2026 EBO-DHC EBO SH EBO-2026-1
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First Read: 13-Jan-26
SYNOPSIS:
The Alabama Resilience Council was established
by Executive Order No. 736 to provide a forum for
coordinating activities of state government and for
facilitating interactions between state and local
government and the private sector to proactively
address harmful impacts on Alabama communities and
infrastructure before they occur.
This bill would permanently establish the
Alabama Resilience Council as an appointed advisory
group within the executive branch of state government.
This bill would also provide for the rules,
duties, and procedures of the council.
This bill would also authorize appointment of,
and provide for the responsibilities of, a Chief
Resilience Officer.
This bill would also require a statewide
resilience plan that includes a statewide comprehensive
risk and vulnerability assessment.
A BILL
TO BE ENTITLED
AN ACT
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To create the Alabama Resilience Council as an
appointed advisory group within the executive branch of state
government, and to provide for the rules, duties, and
procedures of the council; to authorize appointment of, and
provide for the responsibilities of, a Chief Resilience
Officer; to require a statewide resilience plan that includes
a statewide comprehensive risk and vulnerability assessment.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The Legislature finds and declares the
following:
(a) Alabama is susceptible to various natural and
manmade disaster events, posing threats to the safety of its
citizens, integrity of its infrastructure, prospects for its
economic growth, and maintenance and protection of its unique
natural resources. These threats also pose significant fiscal
and operational risks to functions of the state and local
government.
(b) For the purposes of this Act, the term “resilience”
shall be considered the capacity of individuals, communities,
businesses, and systems to anticipate, prepare for, adapt to,
and rapidly recover from adverse events. For the purposes of
this Act, resilience shall be guided by five principles:
individual responsibility; collective continuity and function;
factual assessment of risk; integrated resilience efforts; and
focused support.
(c) The Alabama Resilience Council established by
Executive Order No. 736, May 5, 2023, has examined resilience
policy needs to address current and future adverse events, and
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policy needs to address current and future adverse events, and
based on its findings, Alabama would benefit from a lasting,
comprehensive approach to resilience.
(d) Coordinated statewide resilience efforts and
development of a statewide resilience plan would be most
effective under a single designated Chief Resilience Officer
to coordinate activities of the Alabama Resilience Council.
Section 2. (a) Commencing upon the Governor’s
rescission of Executive Order No. 736, the Alabama Resilience
Council shall be created as an appointed advisory group within
the executive branch of state government for the purpose of
coordinating resilience-related activities of state government
and for facilitating interactions between state and local
government and the private sector to proactively address
harmful impacts on Alabama communities and infrastructure
before they occur.
(b) The voting members of the council shall consist of
the Governor or his or her designee, the Chief Resilience
Officer, and the head of the following agencies or their
designees:
(1) The Alabama Department of Agriculture and
Industries.
(2) The Alabama Department of Commerce.
(3) The Alabama Department of Conservation and Natural
Resources.
(4) The Alabama Department of Economic and Community
Affairs.
(5) The Alabama Department of Environmental Management.
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(6) The Alabama Department of Finance.
(7) The Alabama Department of Insurance.
(8) The Alabama Department of Public Health.
(9) The Alabama Department of Transportation.
(10) The Alabama Emergency Management Agency.
(11) The Alabama Forestry Commission.
(12) The Alabama State Military Department.
(13) The Alabama Office of Information Technology.
(14) The Alabama State Law Enforcement Agency.
(15) The Alabama Public Service Commission
(c) Non-voting members of council may be appointed by
the Governor and should include representatives of local
government; critical infrastructure owners and operators;
business, industry, and insurance sectors; and other state
agencies.
(d) The council membership shall be inclusive and
reflect the racial, gender, geographic, urban, rural, and
economic diversity of the state.
Section 3. The duties of the Alabama Resilience Council
shall be as follows:
(a) Develop strategies to guide statewide resilience
efforts by prioritizing objectives reflecting pressing
resilience challenges. To this end, the council shall
regularly convene government and private-sector stakeholders
with different perspectives and interests to facilitate
planning across jurisdictions and sectors and thereby to avoid
cascading failures. The council shall develop principles to
guide the work of state government in carrying out its
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guide the work of state government in carrying out its
resilience initiatives.
(b) Assist the Chief Resilience Officer in the
development, maintenance, and implementation of the statewide
resilience plan.
(c) Solicit participation of the private sector in
programs to collectively strengthen the resilience of
businesses and communities. The council shall engage the
private sector to reduce costs from lost productivity and
pursue joint, public-private efforts to avoid infrastructure
damages.
(d) Improve the public’s ability to assess risk
management alternatives by reducing the complexity of risk
information for non-technical audiences, by generating and
sharing reliable information that helps decisionmakers
identify and select risk-reduction alternatives, and by
providing guidance about assistance programs and funding
opportunities based on needs, cost effectiveness, feasibility,
potential resources, and returns on investment.
(e) Develop, pursue, and support federal and state
policies and programs that promote innovative and flexible
solutions for achieving individual, community, and statewide
resilience.
(f) Provide support and assistance in the preparation
and maintenance of the state hazard mitigation plan, as
contemplated by the federal Disaster Mitigation Act of 2000,
42 U.S.C § 5121, et seq., or successor federal statute;
provided that the Alabama Emergency Management Agency shall be
responsible for administrative maintenance and day-to-day
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responsible for administrative maintenance and day-to-day
execution of the plan.
(g) Identify and pursue funding opportunities to
promote resilience in the State of Alabama.
Section 4. (a) The council shall be led by a Chair,
Vice-Chair, Co-Chairs, or other leadership positions from
within the voting membership on the council. Leadership
positions shall be appointed by the Governor and shall serve
at the pleasure of the Governor.
(b) The council shall develop, adopt, and maintain
bylaws governing its activities; provided the bylaws are
consistent with the provisions of this Act. At its discretion,
the council may establish working groups or subcommittees.
(c) The council shall meet at least twice each year and
may meet more frequently upon the call of the chair, subject
to the Open Meetings Act. Members of the council may
participate in a meeting of the council by means of telephone
conference, video conference, or similar communications
equipment by means of which all individuals participating in
the meeting may hear each other at the same time.
Participation by electronic means shall constitute presence in
person at a meeting for all purposes.
(d) Members of the council shall serve without
compensation except members who are public officials or public
employees may elect to receive the per diem and travel
allowance authorized by state law for persons traveling on
official state business.
Section 5. (a) The Governor shall appoint a Chief
Resilience Officer to coordinate the activities of the council
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Resilience Officer to coordinate the activities of the council
established pursuant to Section 2 and lead the development,
maintenance, and implementation of the statewide resilience
Plan. The Chief Resilience Officer shall serve at the pleasure
of the Governor.
(b) The duties of the Chief Resilience Officer shall be
as follows:
(1) Conduct a comprehensive inventory of Alabama’s
resilience assets.
(2) Identify areas of collaboration among state
agencies, areas of overlap, and potential shareable resources.
(3) Review resilience programs from both inside Alabama
and among comparable states.
(4) Engage state agencies to examine how to best
collect, organize, analyze, and communicate data in ways that
advance Alabama’s resilience principles.
(5) Identify and enhance state agency knowledge of
statewide resilience efforts.
(6) Identify and pursue funding through federal, state,
and private opportunities to promote resilience in the State
of Alabama.
(c) The Office of the Chief Resilience Officer may
contract for professional services in the same manner as any
state agency. Upon the approval of the Governor, the Chief
Resilience Officer may hire staff as determined necessary to
carry out the duties of the Chief Resilience Officer and the
council.
Section 6. (a) The Chief Resilience Officer shall
develop, maintain, and implement a statewide resilience plan,
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develop, maintain, and implement a statewide resilience plan,
with the general oversight and input from the council. The
plan shall include the following components:
(1) Statewide Comprehensive Risk and Vulnerability
Assessment. The plan shall evaluate the impacts of extreme
weather and disasters; assess current and future risks across
various hazards using historical data and future scenarios
while factoring in land and water management practices; and
examine effects on communities, infrastructure, the economy,
and the environment. Additionally, a vulnerability assessment
shall identify the social, economic, and environmental systems
most at risk. It shall analyze risk exposure, potential costs,
and impacts on state assets, government functions, local
economies, and critical natural systems.
(2) Resilience Actions. The plan shall provide a
prioritized list of resilience actions to address
vulnerabilities, detailing their benefits, costs, and
implementation timeline. Priority shall be given first to
actions that reduce state costs associated with historic and
persistent challenges or vulnerabilities that have calculable
costs or expenditures and that remediate or prevent critical
infrastructure failures that threaten public health, impair
essential services, or place the state at risk of federal
enforcement. Priority shall also be given to actions that
effectively mitigate the impacts of future disasters,
particularly those that provide multiple co-benefits, such as
enhancing environmental stewardship, economic stability, or
public health. Resilience actions that incorporate or restore
natural features to achieve risk mitigation benefits shall
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natural features to achieve risk mitigation benefits shall
also be prioritized, provided they are cost-effective and
demonstrate long-term advantages over alternative approaches.
The plan shall also outline how these actions align with
existing efforts by state agencies, local governments, and
other entities, ensuring they complement the state hazard
mitigation plan. Alabama state agencies engaged in resilience
activities shall report those activities to the Chief
Resilience Officer.
(3) Community Preparedness. The plan shall include
strategies to enhance community awareness to prepare for, and
protect against, hazards; to enable greater understanding of
personal risks; to educate residents of the state about how to
mitigate risks; and to increase knowledge of resources
available for mitigation efforts.
(4) Implementation Strategy. The plan shall include an
implementation strategy outlining how resilience actions will
be enacted, funded, and tracked. It shall define roles,
responsibilities, timelines, and metrics while prioritizing
actions for high-risk vulnerabilities. The strategy shall also
support partnerships, provide technical assistance, and ensure
public access to data for planning and decision-making.
(b) The initial plan shall be completed within two
years of the Governor appointing a Chief Resilience Officer
and shall be reviewed and updated at least every two years
thereafter to ensure its continued effectiveness and
relevance.
Section 7. There is created a fund in the State
Treasury to be designated the “Alabama Resilience Council
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Treasury to be designated the “Alabama Resilience Council
Fund” to be used to support the activities of the Alabama
Resilience Council and the Office of the Chief Resilience
Officer. The Chief Resilience Officer and the Council are
authorized to receive and to deposit into or disburse from the
Fund any federal, state, or private monies, in accordance with
applicable law. Receipts deposited into this fund shall be
disbursed only by warrants of the state Comptroller drawn upon
the State Treasury on itemized vouchers approved by the Chief
Resilience Officer. No funds deposited pursuant to Section
27-2-39 shall be withdrawn or expended except as budgeted and
allotted according to Sections 41-4-80 to 41-4-96, inclusive,
and 41-19-1 to 41-19-12, inclusive, and only in amounts as
stipulated in the general fund appropriations act or other
appropriation acts. At the end of each fiscal year, any
unencumbered and unexpended balance shall not revert to the
State General Fund under Section 41-4-93, but shall carry over
to the next fiscal year.
Section 8. Section 27-2-39, Code of Alabama 1975, is
amended to read as follows:
"§27-2-39
(a) There is created a fund in the State Treasury
designated the Insurance Department Fund to be used for the
operation of the Department of Insurance. Receipts deposited
into this fund shall be disbursed only by warrants of the
state Comptroller drawn upon the State Treasury on itemized
vouchers approved by the Commissioner of Insurance. No funds
shall be withdrawn or expended except as budgeted and allotted
according to Sections 41-4-80 to 41-4-96, inclusive, and
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according to Sections 41-4-80 to 41-4-96, inclusive, and
41-19-1 to 41-19-12, inclusive, and only in amounts as
stipulated in the general appropriations act, other
appropriation acts, or this section. At the end of each fiscal
year, any unencumbered and unexpended balance of up to 25
percent of the amount appropriated for that fiscal year shall
not revert to the State General Fund under Section 41-4-93,
but shall carry over to the next fiscal year.
(b) Notwithstanding any other provision of law, the
Commissioner of Insurance shall promptly pay all sums, fees,
taxes, licenses, renewals, and other miscellaneous charges
collected pursuant to Sections 27-2-16, 27-3-29, 27-4-2,
27-13-5, 27-13-24, 27-13-62, 27-21A-21, 27-34-6, 27-34-36,
27-34-47, and 27-39-6, other than those fines, penalties, and
deposit requirements collected pursuant to Section 27-3-29,
into the State Treasury with 50 percent credited to the
Insurance Department Fund; one million five hundred thousand
dollars ($1,500,000) credited each fiscal year to the Center
for Risk and Insurance Research Fund; beginning in fiscal year
2028, 10 percent credited to the Alabama Resilience Council
Fund, but not to exceed a cap of one million dollars
($1,000,000) in any one fiscal year; and the remainder
credited to the State General Fund. "
Section 9. This act shall become effective on October
1, 2026.
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