37-17.1-06. State division of homeland security and emergency management

37-17.1-06. State division of homeland security and emergency management

1. The division of homeland security and emergency management must have

professional, technical, secretarial, and clerical employees as necessary for the

performance of its functions. The director of the division shall fix the compensation of

the staff in conformity with state merit system regulations and may make such

expenditures within the appropriations therefor, or from other funds made available to

the director for purposes of emergency management, as may be necessary to carry

out the purposes of this chapter.

2. The division of homeland security and emergency management shall prepare and

maintain a state disaster plan and keep it current, which plan may include provisions

for:

a. Averting or minimizing the injury and damage caused by disasters or

emergencies.

b. Prompt and effective response to a disaster or emergency.

c. Emergency relief.

d. Identification of areas particularly vulnerable to a disaster or emergency.

e. Recommendations for zoning, building, and other land use controls, safety

measures for securing mobile homes or other nonpermanent or semipermanent

structures, and other mitigation and preparedness measures.

f. Assistance to local officials in developing and maintaining local and regional

emergency management systems.

g. Authorization and procedures for the erection or other construction of temporary

works designed to protect against or mitigate danger, damage, or loss from any

disaster or emergency.

h. Preparation and distribution of emergency management assistance program

guidance to the appropriate state and local officials.

i. Organization of manpower and chains of command.

j. Coordination of federal, state, regional, and local emergency management

activities.

k. Coordination of state disaster or emergency operations plans with the disaster or

emergency plans of the federal government.

l. Other necessary matters.

3. The division of homeland security and emergency management shall provide technical

assistance for the development and revision of local and regional disaster or

emergency operations plans prepared under section 37-17.1-07.

4. In preparing and revising state disaster or emergency plans, the division of homeland

security and emergency management shall seek the advice and assistance of local

government, business, labor, industry, agriculture, civic, and volunteer organizations

and community leaders. In advising local and regional emergency management

organizations, the division shall encourage them also to seek advice from these

sources.

5. State disaster or emergency plans or any parts thereof have the force of law upon

implementation by the governor.

6. The division of homeland security and emergency management, in coordination with

lead and support agencies, shall:

a. Coordinate the procurement of supplies, materials, and equipment during disaster

or emergency operations.

b. Provide guidance and standards for local and regional disaster or emergency

operational plans.

c. Periodically review local and regional disaster or emergency operational plans.

d. Coordinate state or state and federal assistance to local and regional emergency

management organizations.

e. Establish and operate or assist local and regional emergency management

organizations to establish and operate training programs and programs for

emergency public information.

f. Make surveys of industries, resources, and facilities, within the state, both public

and private, as are necessary to carry out the purposes of this chapter. The use

of sensitive and proprietary logistical data submitted to the state in confidence by

individual industries and suppliers must be accorded full confidentiality and will be

released only in aggregate form.

g. Plan and make arrangements for the availability and use of any private facilities,

n the state, both public

and private, as are necessary to carry out the purposes of this chapter. The use

of sensitive and proprietary logistical data submitted to the state in confidence by

individual industries and suppliers must be accorded full confidentiality and will be

released only in aggregate form.

g. Plan and make arrangements for the availability and use of any private facilities,

services, and property, and, if necessary and if in fact used, coordinate payment

for that use under terms and conditions agreed upon.

h. Establish access to a register of persons with types of training and skills

important in prevention, mitigation, preparedness, response, and recovery.

i. Establish access to a register of equipment and facilities available for use in a

disaster or emergency.

j. Prepare, for issuance by the governor, executive orders, proclamations, and

guidance as necessary or appropriate in managing a disaster or emergency.

k. Coordinate and may enter agreements with the federal government and any

public or private agency or entity in achieving any purpose of this chapter and in

implementing programs for disaster mitigation, preparation, response, and

recovery.

l. Be the state search and rescue coordinating agency, establish access to a

register of search and rescue equipment and personnel in the state, and plan for

its effective utilization.

m. Do other things necessary, incidental, or appropriate for the implementation of

this chapter.

7. The division of homeland security and emergency management shall serve as a

central information dissemination point and repository for initial notification information

for spills and discharges in the state for hazardous chemicals as defined in section

37-17.1-07.1, oil, gas, and saltwater. The division shall develop processes to ensure

proper state and federal agencies that have oversight responsibilities are promptly

notified. The division shall also provide notice to local emergency management

officials within a time that is consistent with the level of emergency.