Office of State Fire Marshal ESF Mods.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 1050

Short Title: Office of State Fire Marshal ESF Mods. (Public)
Sponsors: Senator Johnson (Primary Sponsor).
Referred to: Rules and Operations of the Senate
May 4, 2026
*S1050-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE VARIO US CHANGES TO EMERGE NCY RESPONSE FUNCTIO NS 2
WITHIN THE STATE AND TO MODIFY THE OPERATIONS OF THE OFFICE OF THE 3
STATE FIRE MARSHAL AND TO USE FUNDS TO EFFECTUATE THOSE PURPOSES. 4
The General Assembly of North Carolina enacts: 5
6
PART I. OFFICE OF STATE FIRE MARSHAL EMERGENCY SUPPORT FUNCTIONS 7
SECTION 1.(a) Article 1 of Chapter 166A of the General Statutes is amended by 8
adding a new part to read: 9
"Part 6A. Certain Emergency Response Planning and Operations. 10
"§ 166A-19.45. Office of State Fire Marshal Disaster Response. 11
(a) Purpose. – The purpose of this Part is to align operational authority between certain 12
State agencies and associated emergency response activities. The combination of firefighting, 13
search and rescue, and hazardous materials response align with the responsibilities of the Office 14
of the State Fire Marshal, and shall be managed, directed, and implemented during emergency 15
response by the State Fire Marshal or their designee. The Office shall support the costs associated 16
with implementing the provisions of this Part with the IRF, consistent with the limitation and use 17
listed under G.S. 58-6-25(12). 18
(b) Definitions. – The following definitions apply in this Part: 19
(1) Office. – The Office of the State Fire Marshal. 20
(2) EMAC. – The Emergency Management Assistance Compact under Article 4 21
of this Chapter. 22
(3) ESF. – Emergency Support Function, as defined under the Incident Command 23
System and National Incident Management System. 24
(4) Lead State Agency. – As defined in the NCEOP. 25
(5) Lead Technical Agency. – As defined in the NCEOP. 26
(6) NCEOP. – The North Carolina Emergency Operations Plan. 27
(7) National Incident Management System (NIMS). – Established under 28
Homeland Security Presidential Directive #5, issued F ebruary 28, 2003, as 29
amended. 30
(8) Presidential Policy Directive/PPD-8. – Issued by the President of the United 31
States on March 30, 2011 , to develop the National Preparedness Goal to 32
identify core capabilities necessary for preparedness to guide activities that 33
will enable the nation to achieve those directives and goals. 34
(9) IRF. – The Insurance Regulatory Fund established in G.S. 58-6-25. 35
(10) USAR. – Urban Search and Rescue team. 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 1050-First Edition
"§ 166A-19.46. Powers and duties of the Office; emergency support functions. 1
(a) Powers and Duties. – The Office, through the State Fire Marshal or their designee, as 2
the designated Emergency Coordinating Officer , shall have the following powers and duties as 3
the designated Lead State Agency for certain emergency support functions listed 4
G.S. 166A-19.47 under this Part: 5
(1) Coordination of the activities of all State agencies for certain emergency 6
support functions listed under this P art within the State, including planning, 7
organizing, staffing, equipping, training, testing, and activating and managing 8
the State Emergency Response Team and emergency management programs 9
associated with those emergency support functions. 10
(2) Preparation and maintenance of State plans for emergencies for certain 11
emergency support functions listed under this Part. The State plans or any 12
parts of those plans may be incorporated into Office rules and into executive 13
orders of the Governor. 14
(3) Promulgation of standards and requirements for local plans and programs 15
consistent with federal and State laws and regulations, determination of 16
eligibility for State financial assistance provided for in G.S. 166A-19.15, and 17
provision of technical assistan ce to local governments. Standards and 18
requirements for local plans and programs promulgated under this subdivision 19
shall be reviewed by the Office at least biennially and updated as necessary. 20
(4) Development and presentation of training programs for pers onnel for certain 21
emergency support functions listed under this Part, including the Emergency 22
Management Certification Program established under Article 5 of this 23
Chapter, and public information programs to insure the furnishing of 24
adequately trained perso nnel and an informed public in time of need 25
associated with those emergency support functions. 26
(5) Making of studies and surveys of the resources in this State as may be 27
necessary to ascertain the capabilities of the State for certain emergency 28
support functions listed under this Part, maintaining data on these resources, 29
and planning for the most efficient use of those resources. 30
(6) Coordination of the use of any private facilities, services, and propert y for 31
certain emergency support functions listed under this Part. 32
(7) Preparation for issuance by the Governor of executive orders, declarations, 33
and regulations as necessary or appropriate for certain emergency support 34
functions listed under this Part. 35
(8) Cooperation and maintenance of liaison with the other states, the federal 36
government, and any public or private agency or entity in implementing 37
programs for certain emergency support functions listed under this Part. 38
(9) Coordination of the use of existing means of communications and 39
supplementing comm unications resources for certain emergency support 40
functions listed under this Part and integrating them into a comprehensive 41
State or State federal telecommunications or other communications system or 42
network. 43
(10) Administration of federal and State gran t funds provided for emergency 44
management purposes, including those funds provided for planning and 45
preparedness activities by emergency management agencies, for certain 46
emergency support functions listed under this Part. 47
(11) Utilizing and maintaining tec hnology that enables efficient and effective 48
communication and management of resources between political subdivisions, 49
State agencies, and other governmental entities involved in emergency 50
General Assembly Of North Carolina Session 2025
Senate Bill 1050-First Edition Page 3
management activities, for certain emergency support functions list ed under 1
this Part. 2
(12) Maintenance of an effective statewide urban search and rescue program. 3
(b) NCEOP Integration. – The State Fire Marshal, or their designee, shall be integrated 4
into the NCEOP as an Emergency Coordinating Officer for ESFs pertaining to firefighting, 5
search and rescue, and hazardous materials response. The Emergency Coordinating Officer shall 6
coordinate emergency response for those ESFs and collaborate with the State Emergency 7
Response Team at the State Emergency Operations Center upon activation. 8
(c) Emergency Coordination Officer (ECO). – The State Fire Marshal is designated as 9
the Emergency Coordination Officer for the ESFs pertaining to firefighting, search and rescue, 10
and hazardous materials response. The Emergency Coordination Officer shall coordinate 11
requests for mutual aid from local emergency management ag encies or other units of local 12
government if requested pursuant to G.S. 166A-19.48 or other contract or agreement entered 13
into. 14
(d) EMAC Limitation. – Nothing in this Part shall be construed to limit t he Emergency 15
Management Assistance Compact entered into under Article 4 of this Chapter or the established 16
EMAC Assistance Team under the command and control of the Division. If the Emergency 17
Coordinator Officer requests EMAC resources, the request shall be directed to the EMAC 18
Assistance Team and Division EMA C Coordinator following a verification of a state of 19
emergency declaration by the Governor under this Chapter. 20
(e) Mutual Aid Between Fire Departments. – Nothing in this Part shall be construed to 21
limit the authorities of local fire departments to send firemen and apparatus beyond territorial 22
limits as provided in Article 83 of Chapter 58 of the General Statutes. 23
(f) Incident Command System and National Incident Management System Application. 24
– All ESF responsibilities, organizational structure, respons e, and other associated functions 25
executed by the Office and Emergency Coordinator Officer under this P art shall be consistent 26
with Incident Command System - and National Incident Management System -compliant 27
functions and best practices, consistent with fed eral law and policies, including President ial 28
Policy Directive/PPD-8. 29
"§ 166A-19.47. Emergency Support Function responsibilities of the Office. 30
(a) Emergency Support Function #4 (Firefighting). – Under ESF#4, the Office has the 31
following responsibilities as the Lead State Agency and the Lead Technical Agency: 32
(1) Provide guide lines for those agencies directly or indirectly involved in 33
providing firefighting support or fire resources in response to emergencies 34
requiring State assistance. 35
(2) Manage and coordinat e State firefighting activities, including all of the 36
following: 37
a. The detection and suppression of fires. 38
b. Providing personnel, equipment, and supplies. 39
c. Support local agencies involved in rural and urban firefighting 40
operations. 41
d. Mobilizing resources in support of local wildland, rural, and urban 42
firefighting activities. 43
e. Using established firefighting organizations, processes, and 44
procedures. 45
(3) Manage mutual aid among the various federal, State, and local fire agencies, 46
using the Incident Command System , while combining the compatible 47
firefighting equipment and communications. 48
(4) Assist the Division and the North Carolina Forest Service with fire 49
suppression through resource allocation and coordination. 50
General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 1050-First Edition
(5) Ensure coordination among all the resource providers and the supporting 1
agencies. 2
(6) Provide search and rescue resources as may be required by the particular fire 3
suppression scenario. 4
(7) Provide all essential coordination for the dispatch, arrival, entry, and reporting 5
of necessary personnel into the fire suppression area. 6
(8) Upon recommendation of the North Carolina Forest Service, prepare the Fire 7
Management Assistance Grant request for the Governor 's signature, 8
specifying the facts supporting the request. 9
(9) The authority derived under Article 78A of Chapter 58 of the General Statutes 10
to use any available resources to fulfill its mission in support of fire 11
suppression, including the assignment of volunteer fire resources to locations 12
throughout the State. 13
(10) Exercise the primary support function for forest fire suppression in support of 14
the North Carolina Forest Service. 15
(11) Oversee statewide fire training, providing standards and qualification levels 16
for individuals functioning in the rescue specialty. 17
(12) Exercise control during major fire suppression over the coordination required 18
through the local fire marshal and emergency manager to temporarily 19
reallocate resources, personnel, and equipment to other areas where those are 20
needed, including staging, security, and refueling. 21
(13) Assume responsibility for loaned equipment and personnel, including 22
accountability, maintenance and repair, and a provision for the return of the 23
equipment to the original jurisdiction when it is no longer needed. 24
(14) Provide engineers to assist with damage assessment. 25
(15) Implement the North Carolina Association of Fire Chief 's Emergency 26
Response Plan, as necessary, through a predetermined process for resource 27
rostering and deployment that coordinates efforts through the Offi ce, 28
Division, Association, local fire chief, local fire marshal, and local emergency 29
manager. 30
(b) Emergency Support Function #9 (Search and Rescue). – Under ESF#9, the Office has 31
the following responsibilities as the Lead State Agency: 32
(1) Provide State support to local governments by using State resources in search 33
and rescue activities during daily events as well as actual or potential disasters. 34
(2) Manage and coordinate search and rescue activities, including all of the 35
following: 36
a. USAR. 37
b. Swift water rescue. 38
c. Helicopter-aquatic search and rescue. 39
d. Wilderness search and rescue. 40
e. Mountain search and rescue. 41
f, Provide daily situation reports to all specialized State teams listed in 42
this subdivision. 43
(3) Coordination and direction of local search and rescue efforts, including 44
volunteers. 45
(4) Coordinate with local emergency managers and governments for search 46
operations. 47
(5) Coordinate the deployment of necessary USAR teams within the State in the 48
event of a catastrophic disaster with widespread building collapse or other 49
qualifying incident with the Emergency Services Branch under the control of 50
the Division. 51
General Assembly Of North Carolina Session 2025
Senate Bill 1050-First Edition Page 5
(6) Request federal USAR assistance if the incident exceed State capabilities 1
through the SERT and Emergency Services Branch. 2
(7) Coordinate with the Emergency Services Branch for typed resource database 3
of specialized resources maintained outside of ESF#9 scope. 4
(8) Maintain a typed resources database for search and rescue operations. 5
(9) Provide a liaison to units of local governme nt and coordinate assistance or 6
response from State and federal governments and private search and rescue 7
organizations. 8
(10) Organize and appropriately train emergency management personnel for 9
participation in all aspects of search and rescue operations. 10
(11) Coordinate additional training for State and units of local government 11
agencies and volunteer organizations to ensure an acceptable level of search 12
and rescue preparedness. 13
(12) Ensure spe cialized resources are capable by maintaining training records, 14
applications, and typing criteria. 15
(13) Maintain a current directory of qualified resources for search and rescue , 16
through fire and rescue services statewide through the North Carolina 17
Association of Rescue and Emergency Medical Services, the North Carolina 18
Firefighters' Association, and the North Carolina Association of Fire Chiefs. 19
(14) Coordinate air assets to transport specialized resources in a timely fashion. 20
(c) Emergency Support Function #10 (Hazardous Materials). – Under ESF#9, the Office 21
has the following responsibilities as the Lead State Agency: 22
(1) Manage the procedures for the mobilization and coordination of a 23
multi-organizational response that will contain, control, and manage a 24
discharge or release of a hazardous material that threate ns coastal 25
communities, offshore waters, and inland communities of the State. 26
(2) Respond to oil discharges and hazardous substance releases in accordance 27
with the North Carolina Area Contingency Plan, as required under the federal 28
Comprehensive Environmental Response, Compensation, and Liability Act 29
(P. L. 96 -510, as amended), section 311 of the federal Clean Water Act (33 30
U.S.C. § 1321, as amended), and the federal Oil Pollution Act (P. L. 101-380) 31
(3) If a large scale ESF#10 response, submit a federal resource request or 32
appropriate request for assistance to the State Emergency Response Team for 33
any of the following federal resources or assistance: 34
a. National Response Team. 35
b. Regional Response Team. 36
c. United States Environmental Protection Agency Region IV, including 37
the assistance of a federal on-scene coordinator. 38
d. United States Coast Guard. 39
e. Any other federal agency necessary. 40
(4) Coordinate efforts to identify responsible party , and once identified, 41
collaborate with the State Emergency Response Team to communicate with 42
the responsible party for consultation, advice, and decisions regarding the 43
State's position on actions necessary to response to the discharge or release. 44
(5) Coordinate the deployment of State resources within the designated 45
boundaries between coastal and inland zones for the purpose of providing 46
federal on -scene coordinators response operations in accordance with 14 47
U.S.C. § 501 (Coast Guard Areas, Districts, Sectors, Marine Inspection Zones, 48
and Captain of the Port Zones), as amended. 49
(6) Coordinate the unified command for an ESF #10 activation and response in 50
conjunction with the Department of Environmental Quality, State Emergency 51
General Assembly Of North Carolina Session 2025
Page 6 Senate Bill 1050-First Edition
Response Team, Division, and ot her State agencies, United States Coast 1
Guard, and United States Environmental Protection Agency, subject to federal 2
command and control as required by federal law. 3
(7) Coordinate with the federal on -scene coordinator for the location of a 4
command post. 5
(8) Ensure the State Emergency Response Team notifies the National Response 6
Center. 7
(9) Activation of the Environmental Technical Advisory Group, as necessary. 8
(10) Obtain and provide data and information regarding the population, industry, 9
commercial, and natural resources within the State which may be endangered 10
by the discharge or release. 11
(11) Coordinate with other State agencies with responsibility and authority of 12
coastal waterways. 13
(d) Limitation on Remediation of Underwater Legacy Environmental Threat. – In the 14
event of a release or discharge from an underwater legacy environmental threat, including vessels 15
casualties from World War II in the Western Atlantic Ocean, the United States Coast Guard shall 16
assume command and control of the disaster or incident response efforts if within the coastal 17
waters of this State or could impact the State in any way. 18
(e) Limitation on Regional Response Team. – The Division shall maintain a 19
representative to the Regional Response Team and a representative to another state's emergency 20
operations center if the incident involves at least two states. 21
(d) Local Incident Commander Responsibil ities. – Under this section and as applied to 22
the specific responsibilities, powers, and duties of the Office and other State agencies enumerated 23
in this Part, the responsibility for situation assessment and determination of resource needs is 24
under the local Incident Commander for the emergency, supporting the Incident Command 25
System and National Incident Management System structure. 26
"§ 166A-19.48. Requests from units of local government for assistance. 27
Incident Commander Responsibilities. – Consistent with Incident Command System and 28
National Incident Management System structures, the local Incident Commander is responsible 29
for situation assessment and determination of resource needs for an incident in their jurisdiction. 30
Requests for firefighting assistance and resources will be handled in accordance with mutual aid 31
agreements or from the local emergency management agency to the Emergency Coordinator 32
Officer, if those requests are under the emergency support functions enumerated in 33
G.S. 166A-19.47. 34
"§ 166A-19.49. Reporting requirements. 35
The Office shall report to the Joint Legislative Commission on Governmental Operations and 36
the Governor on a monthly basis during the pendency of the state of em ergency declared by the 37
Governor or General Assembly under this Chapter. The report shall include all pertinent 38
operations information, resources used in the response, and any other data re quested by the 39
Governor or Commission." 40
SECTION 1.(b) G.S. 166A-19.3 reads as rewritten: 41
"§ 166A-19.3. Definitions. 42
The following definitions apply in this Article: 43
… 44
(18) State Emergency Response Team. – The representative group of State agency 45
personnel designated to carry out the emergency management support 46
functions identified in the North Carolina Emergency Operations Plan. The 47
State Emergency Response Team leader shall be the Director of the Division, 48
who shall have authority to manage the Team pursuant to G.S. 166A-19.12(1), 49
as delegated by the Governor. The Team shall consist of the following State 50
agencies: 51
General Assembly Of North Carolina Session 2025
Senate Bill 1050-First Edition Page 7
a. Department of Public Safety. 1
b. Department of Transportation. 2
c. Department of Health and Human Services. 3
d. Department of Environmental Quality. 4
e. Department of Agriculture and Consumer Services. 5
e1. Office of State Fire Marshal. 6
f. Any other agency identified in the North Carolina Emergency 7
Operations Plan. 8
…." 9
SECTION 1.(c) G.S. 166A-19.12 reads as rewritten: 10
§ 166A-19.12. Powers of the Division of Emergency Management. 11
TheWith the exception of and subject to the provisions of G.S. 166A-19.46, the Division of 12
Emergency Management shall have the following powers and duties as delegated by the 13
Governor and Secretary of Public Safety: 14
..." 15
SECTION 1.(d) G.S. 58-6-25 reads as rewritten: 16
"§ 58-6-25. Insurance regulatory charge. 17
… 18
(d) Use of Proceeds. – The Insurance Regulatory Fund is created as an interest -bearing 19
special fund to which the proceeds of the charge levied in this section and all fees collected under 20
Articles 69 through 71 of this Chapter and under Articles 9 and 9C of Chapter 143 of the General 21
Statutes shall be credited. Moneys in the Fund may be spent only pursuant to appropriation by 22
the General Assembly, and the Fu nd is subject to the provisions of the State Budget Act. All 23
money credited to the Fund shall be used to reimburse the General Fund for the following: 24
… 25
(12) Money appropria ted to the Department of Insurance to pay its expenses 26
incurred in connection with emergency services and emergency support 27
functions pursuant to Part 6A of Article 1A of Chapter 166A of the General 28
Statutes during any state of emergency declared under Chapter 1 66A of the 29
General Statutes or major disaster declaration under the Robert T. Stafford 30
Act ." 31
SECTION 1.(e) G.S. 58-78A-1 reads as rewritten: 32
"§ 58-78A-1. Office of the State Fire Marshal. 33
… 34
(b) The Office of the State Fire Marshal shall be responsible for all of the following: 35
… 36
(22) The exercise, command, and control of the emergency support functions and 37
associated provisions of Part 6A of Article 1A of Chapter 166A of the General 38
Statutes. 39
(23) Associated duties of membership on the State Emergency Response Team in 40
accordance with G.S. 166A-19.3. 41
(24) Associated duties of assisting the Division of Emergency Management of the 42
Department of Public Safety in updating and maintaining pertinent emergency 43
support functions within the North Carolina Emergency Operations Plan." 44
SECTION 1.(f) Transfer of Certain Authority. – Pursuant to Part 6A of Article 1A 45
of Chapter 166A of the General Statutes, as enacted by this act, the Governor, Department of 46
Public Safety, Division of Emergency Management (NCEM), and Office of State Fire Marshal 47
shall revise the North Carolina Emergency Operations Plan to reflect the provisions of this Part. 48
This update shall occur by October 1, 2026. All lead technical agencies and support agencies 49
under emergency support functions #4, 9, and 10, shall remain in their current role. NCEM shall 50
General Assembly Of North Carolina Session 2025
Page 8 Senate Bill 1050-First Edition
become a support agency under emergency support function #4 in which is was previously the 1
lead state agency. 2
SECTION 1.(g) Transfer of Personnel and Resources. – Pursuant to Part 6A of 3
Article 1A of Chapter 166A of the General Statutes, as enacted by this act, NCEM and any other 4
State agency which transfers lead state agency powers under that Part, shall transfer all 5
employees, associated functions, powers, duties, records, equipment, offices, and unexpended, 6
unencumbered, and otherwise available State or federal funds to the Office of State Fire Marshal, 7
necessary for the Office of the State Fire Marshal to execute the emergency support functions of 8
firefighting, search and rescue, and hazardous materials response in accordance with that Part. 9
All memoranda of understanding, contracts, and agreement in which the lead state agency in an 10
emergency support function affected by this Part shall be transferred to the Office of State Fire 11
Marshal as soon as practicable. 12
13
PART II. REPURPOSING OF UNEXPENDED FUNDS FROM HURRICANE HELENE 14
FIRE DEPARTMENT AND RESCUE SQUAD GRANTS 15
SECTION 2.(a) Any funds remaining unspent or unencumbered under Section 16
2A.3(a)(10) of S.L. 2025 -26, consisting of approximately four million nine hundred thousand 17
dollars ($4,900,000) shall be reallocated the Office of State Fire Marshal Disaster Response 18
Fund, as enacted by this Part. 19
SECTION 2.(b) Part 6A of Article 1A of Chapter 166A of the General Statutes, as 20
enacted by Part I of this act, is amended by adding a new section to read: 21
"§ 166A-19.50. Office of State Fire Marshal Disaster Response Fund. 22
(a) Establishment. – There is established the Office of State Fire Marshal Disaster 23
Response Fund within the Office a nonreverting special fund within the Office of State Fire 24
Marshall of the Department of Insu rance. The Office shall administer the Fund consistent with 25
this section. 26
(b) Purpose; Uses. – The funds shall be used by the Office for all of the following: 27
(1) Provide immediate emergency grants to fire departments and rescue squads to 28
restore or maintain operational needs and capabilities following a disaster. 29
(2) For disaster readiness, preparedness, and response activities, including the 30
purchase of equipment, supplies, and contracted services necessary to support 31
emergency operations. 32
(c) Administration. – The Office may use up to five percent (5%) of the Fund to 33
administer the Fund each fiscal year. 34
(d) Procurement Exception. – Notwithstanding Articles 3, 3C, or 8 of Chapter 143 of the 35
General Statutes Article 15 of Chapter 143B of the General Statutes, or any other provision of 36
law to the contrary, the Office may use the funds in the Fund if, in the determination of the State 37
Fire Marshal, a large scale emergency or disaster warrants the use or procure ment of resources 38
or services listed in subsection (b) of this section. To the extent practicable, the Office shall seek 39
competitive pricing and shall maintain documentation of the actions taken under this subsection. 40
(e) Reporting Requirement. – On October 1 of each year, the Office shall submit a report 41
on the uses, balance, and other significant information of the Fund to the Joint Legislative 42
Emergency Management Oversight Committee, the Joint Legislative Oversight Committee on 43
General Government, and the Fiscal Research Division." 44
45
PART III. RULEMAKING AND EFFECTIVE DATE 46
SECTION 3.(a) The Office of State Fire Marshal may adopt rules to implement the 47
provisions of this act. 48
SECTION 3.(b) Section 1(f) and (g) of this act is effective when it becomes la w. 49
Section 2 of this act becomes effective July 1, 2026. The remainder of this act becomes effective 50
October 1, 2026. 51