North Carolina Statutes

Chapter 166A North Carolina Emergency Management Act

Article 1 - North Carolina Emergency Management Act of 1977.

  • § 166A-1   Short title
    This Article may be cited as "North Carolina Emergency Management Act of 1977." (1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s. 2;...
  • § 166A-2   Purposes
    The purposes of this Article are to set forth the authority and responsibility of the Governor, State agencies, and local governments in prevention of, preparation...
  • § 166A-3   Limitations
    Nothing in this Article shall be construed to: (1) Interfere with dissemination of news or comment on public affairs; but any communications facility or organization,...
  • § 166A-4   Definitions
    The following definitions apply in this Article: (1) Account. The State Emergency Response Account established in G.S. 166A‑6.02. (1a) Disaster. An occurrence or imminent threat...
  • § 166A-5   State emergency management
    The State emergency management program includes all aspects of preparations for, response to and recovery from war or peacetime disasters. (1) Governor. The Governor shall...
  • § 166A-6   State of disaster
    (a) The existence of a state of disaster may be proclaimed by the Governor, or by a resolution of the General Assembly if either of...
  • § 166A-6.01   State disaster assistance funds; programs
    (a) If a state of disaster is proclaimed, the Governor may make State funds available for disaster assistance as authorized by this section. Any State...
  • § 166A-6.02   State Emergency Response Account
    (a) Account Established. There is established a State Emergency Response Account as a reserve in the General Fund. Any funds appropriated to the Account shall...
  • § 166A-6.1   Emergency planning; charge
    (a) Every person, firm, corporation or municipality who is licensed to construct or who is operating a fixed nuclear facility for the production of electricity...
  • § 166A-7   County and municipal emergency management
    (a) The governing body of each county is responsible for emergency management, as defined in G.S. 166A‑4, within the geographical limits of such county. All...
  • § 166A-8   Local emergency authorizations
    Procedures governing the declaration of a local state of emergency: (1) A local state of emergency may be declared for any disaster, as defined in...
  • § 166A-9   Accept services, gifts, grants and loans
    Whenever the federal government or any agency or officer thereof or of any person, firm or corporation shall offer to the State, or through the...
  • § 166A-10   Establishment of mutual aid agreements
    (a) The Governor may establish mutual aid agreements with other states and with the federal government provided that any special agreements so negotiated are within...
  • § 166A-11   Compensation
    (a) Compensation for services or for the taking or use of property shall be only to the extent that legal obligations of individual citizens are...
  • § 166A-12   Nondiscrimination in emergency management
    State and local governmental bodies and other organizations and personnel who carry out emergency management functions under the provisions of this Article are required to...
  • § 166A-13   Emergency management personnel
    (a) No person shall be employed or associated in any capacity in any emergency management agency established under this Article if that person: (1) Advocates...
  • § 166A-14   Immunity and exemption
    (a) All functions hereunder and all other activities relating to emergency management are hereby declared to be governmental functions. Neither the State nor any political...
  • § 166A-15   No private liability
    Any person, firm or corporation owning or controlling real or personal property who, voluntarily or involuntarily, knowingly or unknowingly, with or without compensation, grants a...
  • § 166A-15.1   Civil liability of persons who willfully ignore a warning in a disaster
    (a) In a disaster as defined by G.S. 166A‑4, a person who willfully ignores a warning regarding personal safety issued by a federal, State, or...
  • § 166A-16   Severability
    If any provision of this Article or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions...
  • § 166A-17   Leave options for voluntary firefighters, rescue squad workers, and emergency medical service personnel called into service
    (a) A member of a volunteer fire department, rescue squad, or emergency medical services agency called into service of the State after a proclamation of...
  • § 166A-18   Division of Forest Resources designated as emergency response agency
    The Division of Forest Resources of the Department of Environment and Natural Resources is designated an emergency response agency of the State of North Carolina...
  • § 166A-19   Reserved for future codification purposes

Article 2 - Hazardous Materials Emergency Response.

  • § 166A-20   Title, purpose
    (a) This Article may be cited as the "North Carolina Hazardous Materials Emergency Response Act." (b) The purpose of this Article is to establish a...
  • § 166A-21   Definitions
    As used in this Article: (1) "Hazardous materials emergency response team" or "hazmat team" means an organized group of persons specially trained and equipped to...
  • § 166A-22   Hazardous materials emergency response program
    (a) The Secretary shall adopt rules establishing a regional response program for hazardous materials emergencies and terrorist incidents, to be administered by the Division of...
  • § 166A-23   Contracts; equipment loans
    (a) The Secretary may contract with any unit or units of local government for the provision of a regional response team to implement the regional...
  • § 166A-24   Immunity of Regional Response Team Personnel
    Members of a regional response team shall be protected from liability under the provisions of G.S. 166A‑14(a) while responding to a hazardous materials or terrorist...
  • § 166A-25   Right of entry
    A regional response team, when authorized to respond to a release or threatened release of hazardous materials or when authorized to respond to a terrorist...
  • § 166A-26   Regional Response Team Advisory Committee
    (a) The Regional Response Team Advisory Committee is created. The Secretary shall appoint the members of the Committee and shall designate the chair. In making...
  • § 166A-27   Action for the recovery of costs of hazardous materials emergency response
    (a) A person who causes the release of a hazardous material requiring the activation of a regional response team shall be liable for all reasonable...
  • § 166A-28   Hazardous Materials Emergency Response Fund
    There is established in the Department of Crime Control and Public Safety a fund for those monies collected pursuant to G.S. 166A‑27. The Fund is...
  • § 166A-29   Reserved for future codification purposes

Article 3 - Disaster Service Volunteer Leave Act.

  • § 166A-30   Short title
    This act may be cited as the Disaster Service Volunteer Leave Act. (1993, c. 13, s. 1.)
  • § 166A-31   Definitions
    As used in this Article: (1) "Certified disaster service volunteer" means a person who has completed the necessary training for and been certified as a...
  • § 166A-32   Disaster service volunteer leave
    An employee of a State agency who is a disaster service volunteer of the American Red Cross may be granted leave from his work with...
  • § 166A-33 through 166A-39   Reserved for future codification purposes

Article 4 - Emergency Management Assistance Compact.

  • § 166A-40   Title of Article; entering into Compact
    (a) This Article may be cited as the Emergency Management Assistance Compact. (b) The Emergency Management Assistance Compact, hereinafter "Compact", is hereby enacted into law...
  • § 166A-41   Purposes and authorities
    (a) The purpose of this Compact is to provide for mutual assistance between the party states in managing any emergency or disaster that is duly...
  • § 166A-42   General implementation
    (a) Each party state recognizes that many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under...
  • § 166A-43   Party state responsibilities
    (a) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities...
  • § 166A-44   Limitations
    (a) Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to...
  • § 166A-45   Licenses and permits
    Whenever any person holds a license, certificate, or other permit issued by any party state evidencing the meeting of qualifications for professional, mechanical, or other...
  • § 166A-46   Liability
    Officers or employees of a party state rendering aid in another state pursuant to this Compact shall be considered agents of the requesting state for...
  • § 166A-47   Supplementary agreements
    Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that...
  • § 166A-48   Compensation
    Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives...
  • § 166A-49   Reimbursement
    Any party state rendering aid in another state pursuant to this Compact shall be reimbursed by the party state receiving the aid for any loss...
  • § 166A-50   Evacuation
    Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions...
  • § 166A-51   Effective date
    (a) This Compact shall become operative immediately upon its enactment into law by any two states; thereafter, this Compact shall become effective as to any...
  • § 166A-52   Validity
    If any provision of this Compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the...
  • § 166A-53   Additional provisions
    Nothing in this Compact shall authorize or permit the use of military force by the national guard of a state at any place outside that...