AN ACT relating to emergency management and declaring an emergency.

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AN ACT relating to emergency management and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 39A.050 is amended to read as follows: 3
(1) The Division of Emergency Management shall coordinate for the Governor all 4
matters pertaining to the comprehensive emergency management program and 5
disaster and emergency response of the Commonwealth. The division shall be the 6
executive branch agency of st ate government having primary jurisdiction, 7
responsibility, and authority for the planning and execution of disaster and 8
emergency assessment, mitigation, preparedness, response, and recovery for the 9
Commonwealth; the coordination of all disaster and emerg ency response by and 10
between all state agencies, all agencies of city, county, and urban -county or charter 11
county government, all local entities, and all political subdivisions of the 12
Commonwealth for an emergency, declared emergency, disaster, or catastro phe as 13
contemplated in KRS 39A.010, 39A.020, or 39A.030; the coordination of, and 14
liaison with, related or concerned federal government agencies, elected officials of 15
other states, private organizations or private sector companies dealing with disaster 16
and emergency response; the coordination of all recovery operations and mitigation 17
initiatives subsequent to disasters or emergencies; and the coordination of all public 18
information activities regarding state government disaster and emergency response 19
operations. 20
(2) The Division of Emergency Management shall have and exercise the following 21
powers, authorities, and duties: 22
(a) To develop, administer, and maintain a statewide comprehensive emergency 23
management program for the Commonwealth, and through it an int egrated 24
emergency management system for the disaster and emergency response of 25
the Commonwealth, which shall be coordinated with the emergency 26
management programs, and other related public safety, emergency response, 27
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mitigation, or disaster recovery progra ms, of all appropriate federal 1
government agencies including the Federal Emergency Management Agency, 2
the federal Department of Homeland Security, the State Department, the 3
Federal Aviation Administration, the Centers for Disease Control and 4
Prevention, th e Department of Transportation, the Environmental Protection 5
Agency, the Occupational Safety and Health Administration, the Department 6
of Defense, the National Oceanic and Atmospheric Administration, the 7
Department of Justice, the Bureau of Alcohol, Tobacc o, and Firearms, the 8
National Transportation Safety Board, the Chemical Safety and Hazard 9
Investigation Board, the Army Corps of Engineers, the National Security 10
Council, the Department of Health and Human Services, the Federal Railroad 11
Administration, the United States Geological Survey, the Department of 12
Energy, the Nuclear Regulatory Commission, the Department of Agriculture, 13
the Department of Housing and Urban Development, the American Red 14
Cross, the other states, and other appropriate public or private agencies, to the 15
fullest appropriate extent; 16
(b) To coordinate the development, implementation, and maintenance of 17
comprehensive emergency management programs by local emergency 18
management agencies in the cities, counties, and urban -county or charter 19
county governments of the Commonwealth to ensure that all such programs, 20
agencies, and organizations are organized, administered, and operated as 21
functional components of the integrated emergency management system of 22
the Commonwealth; 23
(c) To develop and maintain a comprehensive, risk -based, all -hazards disast er 24
and emergency response plan entitled "Kentucky Emergency Operations 25
Plan," the provisions of which shall establish the organizational structure to be 26
utilized by state government for managing disaster and emergency response, 27
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and set forth the policies, procedures, and guidelines for the coordination and 1
execution of all disaster and emergency response for an emergency, declared 2
emergency, disaster, or catastrophe in the Commonwealth. The Kentucky 3
Emergency Operations Plan shall be submitted to the Govern or for approval 4
when the Governor assumes office following each gubernatorial election, or at 5
other times as the director deems appropriate. The Governor shall provide 6
written approval of the Kentucky Emergency Operations Plan through 7
issuance of an execut ive order, and the division shall file a copy of the 8
executive order with the Legislative Research Commission. The Kentucky 9
Emergency Operations Plan shall be the primary strategic disaster and 10
emergency response planning component of the integrated emerge ncy 11
management system of the Commonwealth, and shall be utilized and followed 12
by all state agencies, all local government agencies, all local public agencies 13
or entities, and all other political subdivisions of the Commonwealth which 14
may be involved in dis aster and emergency response in the Commonwealth. 15
The Kentucky Emergency Operations Plan shall be updated by the division 16
not less than annually; 17
(d) To maintain and operate the State Emergency Operations Center facility, 18
which shall be the official and pr imary state government twenty -four (24) 19
hour warning point, communications, and command center, from which the 20
Governor, cabinet secretaries, department heads, and other state agency 21
officials can, at any time, rapidly, adequately, and effectively manage t he 22
disaster and emergency response of the Commonwealth. The State Emergency 23
Operations Center facility shall be the primary state direction and control 24
component of the integrated emergency management system of the 25
Commonwealth for the coordination of all disaster and emergency response in 26
the Commonwealth; 27
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(e) To develop, monitor, and operate, on a twenty -four (24) hour per day basis, 1
the appropriate alerting or warning systems, public safety telecommunications 2
systems, or radio networks; any state trunked , fiber, or interactive 3
communication systems; computer, fax, other telecommunications or 4
information networks; and systems needed for communication and 5
coordination with all necessary or appropriate federal, state, or local public 6
safety, law enforcement, emergency management, or other disaster and 7
emergency response agencies, and state or local dispatch centers in the 8
Commonwealth, and other appropriate interests, and through these agencies 9
and systems to receive or disseminate emergency information, or t o receive 10
timely notification of, and continual assessment of, all threatened or actual 11
emergency incidents or disaster situations occurring anywhere in or near the 12
Commonwealth; 13
(f) To immediately notify the Governor, the adjutant general, and the executi ve 14
director of the Kentucky Office of Homeland Security, or his or her designee, 15
in the event of any major emergency incidents or disaster occurrences, or the 16
threatened or impending occurrence of any of these events, and to keep the 17
Governor, the adjutant general, and the executive director of the Kentucky 18
Office of Homeland Security, or his or her designee, informed of all actions 19
being taken in response to these events; 20
(g) To respond to the scenes of emergencies or disasters, or their threatened or 21
impending occurrence and to directly and immediately investigate, analyze, 22
and assess the nature and seriousness of these situations; to convene meetings, 23
gather information, conduct briefings, and evaluate ongoing emergency 24
response activities; take actions t o execute the appropriate provisions of the 25
Kentucky Emergency Operations Plan; coordinate the establishment and 26
operation of a state incident management system; establish or manage sub -27
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state or area emergency operations centers, or on -scene command posts; and 1
fully expedite and coordinate the disaster and emergency response of the 2
Commonwealth; 3
(h) To establish and operate area field offices of the division, each office to be 4
headed by an area manager, responsible for administering the policies, plans, 5
programs, and duties of the division in specific geographic areas of the 6
Commonwealth, including the coordination of comprehensive emergency 7
management programs developed by the cities, counties, urban -county, or 8
charter county governments in the areas; 9
(i) To provide funds to the cities, counties, and urban -county or charter county 10
governments of the Commonwealth to support the development, 11
administration, operation, and maintenance of local emergency management 12
agencies created pursuant to KRS Chapters 39A to 39F; 13
(j) To require the regular submission of program administration data, records, 14
materials, reports, or documents from local emergency management agencies 15
as may be necessary and sufficient to conduct performance reviews and 16
assessments to ensure comp liance with all state or federal funding and 17
program requirements, and to ensure local program compatibility and 18
consistency with the mission, goals, and objectives of the comprehensive 19
emergency management program and integrated emergency management 20
system of the Commonwealth; 21
(k) To ascertain the requirements of the Commonwealth and its cities and 22
counties for emergency resources and the necessities of life in the event of 23
disaster or emergency; institute an emergency resource management plan and 24
procure emergency supplies, materials, and equipment; and use or employ in 25
time of emergency any of the property, services, and resources of state or 26
local government in the Commonwealth for the purposes set forth in KRS 27
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Chapters 39A to 39F; 1
(l) To institute publi c information and education programs, emergency 2
management training programs, and exercise programs to test and evaluate 3
emergency operations plans and disaster and emergency response and 4
recovery capabilities;[ and] 5
(m) To institute and maintain the Kentu cky Qualification System, which shall 6
be used to establish qualification procedures, certification programs, and 7
credentialing standards for professionals involved in disaster and incident 8
management, including incident management teams and emergency 9
operations centers; and 10
(n) To promulgate administrative regulations to carry out the provisions of KRS 11
Chapters 39A to 39F. 12
Section 2. Whereas it is critical to the safety of the citizens of the 13
Commonwealth to provide a pro cess for creating a deployable workforce of qualified, 14
certified, and credentialed personnel to prepare for and respond to natural disasters and 15
emergencies of all types and sizes, an emergency is declared to exist, and this Act takes 16
effect upon its passa ge and approval by the Governor or upon its otherwise becoming a 17
law. 18