Disaster Legislation

Louisiana Emergency Preparedness Association (LEPA)

An LEM Basic Credentialing Course

ObjectivesExplain the various roles and responsibilities defined in the Louisiana Homeland Security and Emergency Assistance and Disaster Act.

Explain how the Robert T. Stafford Disaster Relief and Emergency Assistance Act impacts the Parish Office of Emergency Preparedness.

LA Disaster ActPurpose

Create GOHSEP

Confer powers to Governor and Parish Presidents

Prepare, Approve, and Maintain State & Local Emergency Plans

Reduce the Vulnerability of People & Communities to Emergencies/Disasters

Ensure Prompt and Efficient Response to Emergencies/Disasters

Ensure Prompt and Efficient Restoration and Rehabilitation of Persons/Property after an Emergency/Disaster

To Authorize and Provide for Cooperation in Emergency/Disaster Prevention, Mitigation, Preparedness, Response, and Recovery

LA Disaster Act(GOHSEP Plans Index)

DisasterMeans the result of a natural or man-made event which causes loss of life, injury, and property damage, including but not limited to natural disasters such as hurricane, tornado, storm, flood, high winds, and other weather related events, forest and marsh fires, and man- made disasters, including but not limited to nuclear power plant incidents, hazardous materials incidents, oil spills, explosion, civil disturbances, public calamity, acts of terrorism, hostile military action, and other events related thereto.

EmergencyThe actual or threatened condition which has been or may be created by a disaster; or

Any natural or man-made event which results in an interruption in the delivery of utility services to any consumer of such services and which affects the safety, health, or welfare of a Louisiana resident; or

Any instance in which a utility's property is damaged and such damage creates a dangerous condition to the public.

Any national or state emergency, including acts of terrorism or a congressional authorization or presidential declaration pursuant to the War Powers Resolution (50 U.S.C. 1541 et seq.).

Emergency/Disaster DeclarationA disaster or emergency, or both, shall be declared by executive order or proclamation of the governor if he finds a disaster or emergency has occurred or the threat thereof is imminent. The state of disaster or emergency shall continue until the governor finds that the threat of danger has passed or the disaster or emergency has been dealt with to the extent that the emergency conditions no longer exist and terminates the state of disaster or emergency by executive order or proclamation.

Powers of the Governor• Suspend Provisions of any Statute

• Transfer Functions of Departments

• Commandeer/Utilize Private Property

• Prescribe Routes & Methods For Evacuation

• Utilize All Available Resources

• Direct or Compel Evacuation

Powers of the Governor• Control Disaster Area

• Establish & Impose Curfews

• Suspend or Limit Sale of Alcohol, Firearms, Explosives, & Combustibles

• Provide Temporary Emergency Housing

Powers of the Parish President• Suspend Provisions of any Local Statute

• Transfer Functions of Departments

• Commandeer/Utilize Private Property

• Prescribe Routes & Methods For Evacuation

• Utilize All Available Resources

Powers of the Parish President• Direct or Compel Evacuation

• Control Disaster Area

• Establish & Impose Curfews

• Suspend or Limit Sale of Alcohol, Firearms, Explosives, & Combustibles

Key Governor’s Office of Homeland Security and Emergency Preparedness Responsibilities

Preparation and Maintenance of State EOPDisaster Response & ReliefCoordination of Federal, State, & Local ActivitiesProvide Assistance to Local Officials

Parish OHSEP Director Director Appointed by Parish President

Serves at the Pleasure of the Parish PresidentThe Parish President may serve as the DirectorThe Director shall take an Oath of OfficeThe Director may Appoint an Assistant Director

Key Parish OHSEP ResponsibilitiesResponsible for Homeland Security and Emergency Preparedness in the ParishPreparation and Maintenance of Parish EOPDisaster Response & ReliefCoordination of Federal, State, & Local ActivitiesProvide Assistance to Local Officials

Interjurisdictional AgenciesThe governing authorities of any two or more parishes may enter into agreements, under which they shall be authorized to establish regional organizations for homeland security and emergency preparedness. Such agreements shall include plans, programs, administration, personnel, unified operation, allotment of available equipment, and distribution of costs and funds.

FinancingIt is the intent of the legislature that the first recourse shall be to funds regularly appropriated to state agencies. If the governor finds that the demands placed upon these funds in coping with a particular disaster are unreasonably great, with the concurrence of the disaster and emergency funding board, he may make funds available by transferring and expending monies appropriated for other purposes or may borrow for a term not to exceed two years from the United States government or any other public or private source.

State Disaster or Emergency Relief FundThe fund shall be administered by the Governor's Office of Homeland Security and Emergency Preparedness.The sources of monies deposited in the fund shall be funds from specific legislative appropriations and from donations, gifts, grants, and matching or other funds provided by regional or local governments.

Immunity of PersonnelNeither the state nor any political subdivision thereof, nor other agencies, nor, except in case of willful misconduct, the agents' employees or representatives of any of them engaged in any homeland security and emergency preparedness activities, while complying with or attempting to comply with this Chapter or any rule or regulation promulgated pursuant to the provisions of this Chapter shall be liable for the death of or any injury to persons or damage to property as a result of such activity.

MunicipalitiesUndertake immediate emergency response measures within the municipality to preserve the public peace, property, health, or safety within the municipality or to provide for continued operation of the municipal government.Municipality must notify the Parish President that a declaration has been made.Emergency Response is Defined in the Act.

The Stafford ActThe Stafford Act establishes:

The Presidential declaration process for major emergencies. Provides for the implementation of federal disaster assistance.Sets forth the various federal disaster assistance programs.

The Stafford Act

http://www.fema.gov/about/stafact.shtm

The Stafford ActAuthorizes the President to provide major disaster and emergency declarations to States for events that overwhelm State and local capabilityA declaration triggers federal statutory authority and access by FEMA to the Disaster Relief Fund to provide Federal direct and financial assistance to render aid, emergency services, and rehabilitation assistanceProvide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters.

General Federal AssistanceThe President may direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical and advisory services) in support of State and local assistance efforts.

Procedure for Presidential DeclarationDisaster is of such severity and beyond the capabilities of the State and local government.Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan.Governor shall furnish information to FEMA on the nature and amount of State and local resources that will be committed.The State will comply with cost-sharing requirements.

Procedure for Presidential DeclarationRequest made by the Governor

Based on finding the situation of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary.Governor executes State’s emergency plan.Governor furnishes information describing State and local efforts and resources that have or will be used to alleviate the emergency, and define the type and extent of Federal aid required.

Declaration Process

Authorizes use ofLocal Resources

Authorizes use ofState Resources

Authorizes use ofFederal Resources

With what agencies are parish declarations of emergencies filed?

Key Federal ComponentsActions Federal agencies may to take to assist State and local governments affected by disaster.

National Response Coordination Center (NRCC).Regional Response Coordination Center (RRCC).State Joint Field Office (JFO).Local Disaster Recovery Centers (DRCs).

Disaster AssistanceIndividual Assistance — aid to individuals and households;Public Assistance — aid to public (and certain private non-profit) entities for certain emergency services and the repair or replacement of disaster-damaged public facilities;Hazard Mitigation Assistance — funding for measures designed to reduce future losses to public and private property.

Individual AssistanceIndividuals and Households ProgramSmall Business Administration Disaster LoansDisaster Unemployment AssistanceLegal ServicesSpecial Tax ConsiderationsCrisis Counseling

PUBLIC ASSISTANCECategory A: Debris removalCategory B: Emergency protective measuresCategory C: Road systems and bridgesCategory D: Water control facilitiesCategory E: Public buildings and contentsCategory F: Public utilitiesCategory G: Parks, recreational, and other

HAZARD MITIGATION ASSISTANCETwo sections of the Stafford Act, §404 and §406, authorize hazard mitigation funds when a Federal disaster has been declared

Hazard Mitigation Grant Program (HMGP)

SummaryWhat is the objective of the Stafford Act?

To provide an orderly and continuing means of disaster assistance by the Federal Government to State and local governments.

What year was the Stafford Act approved by congress?1997.

What is the most common federal regulation associated with the Stafford act?CFR 44.

SummaryWhat year was the Louisiana Disaster Act approved by the

state legislature?2003.

What law describes the roles and responsibilities of the parish president and OHSEP directors?The Louisiana Homeland Security and Emergency Assistance and Disaster Act of 2003.

With what agencies is a parish declaration of emergency filed?The local clerk of court and GOHSEP.