AN ACT relating to disaster resiliency.

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AN ACT relating to disaster resiliency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO 3
READ AS FOLLOWS: 4
(1) The position of chief resiliency officer is hereby established to lead efforts to 5
enhance the Commonwealth's ability to prepare for natural disasters and 6
emergencies. The chief resilie ncy officer shall be appointed by and serve at the 7
pleasure of the Governor and operate in consultation with the director of the 8
Division of Emergency Management. 9
(2) The chief resiliency officer shall: 10
(a) Serve as a central coordinator for preparedness, resilience, and mitigation 11
efforts across the Commonwealth; 12
(b) Develop and maintain, in conjunction with the Division of Emergency 13
Management, a statewide resiliency plan to reduce long -term disaster risks, 14
strengthen infrastructure, and promote cost -effective emergency 15
preparedness investments; 16
(c) Coordinate across executive branch agencies and with local governments, 17
regional entities, the private sector, and academic and nonprofit partners; 18
(d) Strengthen Kentucky's emergency threat preparedness and resilience, 19
including but not limited to tornadoes, floods, earthq uakes, ice storms, 20
wildfires, biohazard and hazardous materials incidents, radioactive 21
contamination, public health emergencies and disease outbreaks, power -22
grid failures, and cyberattacks; 23
(e) Support disaster preparedness and response grant funding effor ts and 24
applications for local government and other disaster preparedness and 25
response organizations; 26
(f) Research, review, and adopt emerging best practices in disaster prevention, 27
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mitigation, and resilience; and 1
(g) Employ staff as necessary to fulfill th e responsibilities and duties set forth 2
in this section. 3
Section 2. KRS 39A.070 is amended to read as follows: 4
The director, with the approval of the adjutant general, shall [ exercise the following 5
powers, responsibilities, and duties]: 6
(1) [To ] Represent the Governor on all matters pertaining to the comprehensive 7
emergency management program and the disaster and emergency response of the 8
Commonwealth; 9
(2) [To ] Coordinate the development of a statewide comprehensive emerg ency 10
management program, and through it, an integrated emergency management system 11
for the disaster and emergency response of the Commonwealth; 12
(3) [To ]Promulgate administrative regulations and issue orders, directives, standards, 13
rules, procedures, guida nce, or recommended practices necessary to coordinate the 14
development, administration, organization, operation, implementation, and 15
maintenance of the statewide comprehensive emergency management program and 16
the integrated emergency management system of the Commonwealth; 17
(4) [To ] Coordinate the development of comprehensive emergency management 18
programs by the cities, counties, and urban -county or charter county governments 19
as functional components of the integrated emergency management system of the 20
Commonwealth; 21
(5) [To ] Supervise the development and maintenance of the Kentucky Emergency 22
Operations Plan, and [ to] review and give concurrence to local emergency 23
operations plans required pursuant to KRS Chapters 39A to 39F; 24
(6) [To ] Coordinate the comprehensiv e emergency management program of the 25
Commonwealth with the emergency management or other emergency response -26
related programs of the federal government, and of other states, to the fullest 27
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appropriate extent; 1
(7) [To ]Advise the Governor and the adjutant g eneral immediately of the occurrence 2
or threatened or impending occurrence of any disaster or emergency, and [ to] 3
recommend to the Governor any emergency executive action that the Governor 4
should execute; 5
(8) [To ]Serve as the Governor's primary liaison wi th local officials in the event of the 6
occurrence, or threatened or impending occurrence, of any disaster or emergency in 7
the cities, counties, urban-counties, or charter counties of the Commonwealth; 8
(9) [To ] Take any other preparedness or response action s deemed necessary for 9
adequate response to a disaster or emergency situation , including [ to include] : 10
requesting increased readiness activities by state or local agencies in advance of an 11
actual disaster or emergency; requesting implementation of local em ergency 12
operations plans or the activation of local emergency operations centers; requesting 13
reports from state or local agencies regarding emergency situations, damage 14
assessments, or the taking of emergency response actions; and requesting the 15
mobilization or deployment of any trained and equipped forces of state or local 16
government for the disaster and emergency response purposes set forth in KRS 17
Chapters 39A to 39F; 18
(10) [To ] Request and utilize the personnel, equipment, services, and facilities of 19
existing officers and agencies of the Commonwealth and of all political 20
subdivisions and special districts. All these officers and agencies shall fully 21
cooperate with and extend their resources to the director as requested , to the extent 22
that local public safety is not unreasonably compromised; 23
(11) [To ]Employ measures and give directions to the state or local boards of health as 24
necessary for the purpose of securing compliance with the provisions of KRS 25
Chapters 39A to 39F, or with the findings or recommendat ions of the boards of 26
health, because of conditions arising from disasters, emergency situations, national 27
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security emergencies, or the threat thereof; 1
(12) [To ]Request and utilize the services of state and local law enforcement officers for 2
the purpose o f securing compliance with the provisions of KRS Chapters 39A to 3
39F[,] or any order of the Governor pertaining to disaster and emergency response; 4
(13) On behalf of this Commonwealth, with the approval of the Governor or act of the 5
General Assembly, [to ]enter into reciprocal aid agreements or compacts with other 6
states and the federal government, either on a statewide, local, county, or city basis, 7
or with other states or a province of a foreign country. The mutual aid agreements 8
shall be limited to the furnishing or exchange of food, clothing, medicine, and other 9
supplies; engineering services; emergency housing; police services; National Guard 10
personnel and resources while under the control of the state; health, medical, and 11
related services; firefightin g; rescue; search and rescue or recovery; urban search 12
and rescue; hazardous materials response services, transportation and construction 13
services and equipment; personnel necessary to provide or conduct these services 14
and other supplies, equipment, facili ties, personnel, and services as needed; the 15
reimbursement of costs and expenses for equipment, supplies, personnel, and 16
similar items for mobile support units, firefighting, search and rescue, and police 17
units, and health units; and on the terms and conditions deemed necessary; 18
(14) [To ] Sponsor and develop mutual aid plans and agreements among the urban -19
county or charter county governments, counties, cities, and other political 20
subdivisions and special districts of the Commonwealth, similar to the mutual aid 21
arrangements with other states referred to in subsection (13) of this section; 22
(15) [To ]Procure motor vehicles, radio and telecommunications equipment, protective 23
clothing, safety equipment, and other necessary supplies and materials to meet the 24
emergency response, operational, and administrative needs of the division; 25
(16) [To ] Identify deficiencies existing in the emergency management program 26
organization, facilities, and capabilities of the Commonwealth, including but not 27
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limited to[:] personnel and administrative resources; state, sub -state, area, or local 1
emergency operations centers; mobile command posts; emergency 2
telecommunications and computer systems; alerting and warning systems; 3
stockpiles of critical resources; or any other necessary elemen ts, and [ to] 4
recommend to the adjutant general, for consideration by the Governor or the 5
General Assembly or other appropriate funding authority, the administrative or 6
operational funding requirements [,] and long -range capital construction or 7
improvement p rojects needed to meet the emergency management infrastructure 8
needs of the Commonwealth; 9
(17) [To ] Serve as the state coordinating officer and notify the Governor of the 10
appropriations necessary to fund the expected emergency operational or response 11
costs of the division, and the Commonwealth's share of the grants provided by 12
Pub.L.No.[Pub.L.No.] 93-288, Title V, Federal Disaster Assistance Programs as 13
amended by Pub.L.No.[Pub.L.No.] 100-707, the Robert T. Stafford Disaster Relief 14
and Emergency Assistance Act, or successor acts or titles, and further, take action 15
necessary to ensure entitlement to all other federal relief or assistance programs; 16
(18) [To ] Cooperate with the President of the United States, the Federal Emergency 17
Management Agency, and other appropriate federal offices and agencies, and the 18
offices and agencies of other states in matters per taining to the comprehensive 19
emergency management program of the Commonwealth and nation; and in 20
connection with these, [to ] take any measures considered necessary to implement 21
any request of the President and the appropriate federal offices and agencies, for 22
any action requiring effective disaster and emergency response, including the 23
direction or control and mobilization of disaster and emergency response forces; 24
tests and exercises, warnings, and signals for drills or other emergency response 25
activities and the mechanical devices to be used in connection with these; the 26
shutting off of water mains, gas mains, electric power connections, and the 27
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suspension of all other utility services; the conduct of civilians and the movement 1
and cessation of movement of pedestrians and vehicular traffic during, prior, and 2
subsequent to a drill, emergency, declared emergency, or disaster; public meetings 3
or gatherings; and the evacuation and sheltering of the civilian population;[ and] 4
(19) Work in cooperation with the chief resiliency officer and assist with the discharge 5
of the powers, duties, and responsibilities set forth in Section 1 of this Act; and 6
(20) [To ]Delegate any authority vested in the director under KRS Chapters 39A to 39F 7
and [to ]provide for the subdelegation of any such authority. 8