AN
ACT Relating to enacting the emergency management assistance compact; and
adding a new chapter to Title 38 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
emergency management assistance compact is enacted and entered into by this
state with all other states legally joining the compact in the form
substantially as follows:
ARTICLE
I
PURPOSES
AND AUTHORITIES
This
compact is made and entered into by and between the participating party states
which enact this compact. For the purposes of this agreement, the term
"states" means the several states, the Commonwealth of Puerto Rico,
the District of Columbia, and all United States territorial possessions.
The
purpose of this compact is to provide for mutual assistance between the states
entering into this compact in managing any emergency or disaster that is duly
declared by the governor of the affected state or states, whether arising from
natural disaster, technological hazard, man-made disaster, civil emergency
aspects of resources shortages, community disorders, insurgency, or enemy
attack.
This
compact shall also provide for mutual cooperation in emergency-related
exercises, testing, or other training activities using equipment and personnel
simulating performance of any aspect of the giving and receiving of aid by
party states or subdivisions of party states during emergencies, such actions
occurring outside actual declared emergency periods. Mutual assistance in this
compact may include the use of the states' national guard forces, either in
accordance with the national guard mutual assistance compact, or by mutual
agreement between states.
ARTICLE
II
GENERAL
IMPLEMENTATION
Each
party state entering into this compact recognizes many emergencies transcend
political jurisdictional boundaries and that intergovernmental coordination is
essential in managing these and other emergencies under this compact. Each
state further recognizes that there will be emergencies which require immediate
access and present procedures to apply outside resources to make a prompt and
effective response to the emergency. This is because few, if any, individual
states have all the resources they may need in all types of emergencies or the
capability of delivering resources to areas where emergencies exist.
The
prompt, full, and effective utilization of resources of the participating
states, including any resources on hand or available from the federal
government or any other source, that are essential to the safety, care, and
welfare of the people in the event of any emergency or disaster declared by a
party state, shall be the underlying principle on which all articles of this
compact shall be understood.
On
behalf of the governor of each state participating in the compact, the legally
designated state official who is assigned responsibility for emergency
management will be responsible for formulation of the appropriate interstate
mutual aid plans and procedures necessary to implement this compact.
ARTICLE
III
PARTY
STATE RESPONSIBILITIES
(1)
It shall be the responsibility of each party state to formulate procedural
plans and programs for interstate cooperation in the performance of the
responsibilities listed in this article. In formulating such plans, and in
carrying them out, the party states, as is practical, shall:
(a)
Review individual state hazards analyses and, to the extent reasonably
possible, determine all those potential emergencies the party states might
jointly suffer, whether due to natural disaster, technological hazard, man-made
disaster, emergency aspects of resource shortages, civil disorders, insurgency,
or enemy attack;
(b)
Review party states' individual emergency plans and develop a plan which will
determine the mechanism for the interstate management and provision of
assistance concerning any potential emergency;
(c)
Develop interstate procedures to fill any identified gaps and to resolve any
identified inconsistencies or overlaps in existing or developed plans;
(d)
Assist in warning communities adjacent to or crossing the state boundaries;
(e)
Protect and assure uninterrupted delivery of services, medicines, water, food,
energy and fuel, search and rescue, and critical lifeline equipment, services,
and resources, both human and material;
(f)
Inventory and set procedures for the interstate loan and delivery of human and
material resources, together with procedures for reimbursement or forgiveness;
(g)
Provide, to the extent authorized by law, for temporary suspension of any
statutes or ordinances that restrict the implementation of the responsibilities
listed in this compact.
(2)
The authorized representative of a party state may request assistance of
another party state by contacting the authorized representative of that state.
The provisions of this agreement shall only apply to requests for assistance
made by and to authorized representatives. Requests may be verbal or in
writing. If verbal, the request shall be confirmed in writing within thirty
days of the verbal request. Requests shall provide the following information:
(a)
A description of the emergency services function for which assistance is
needed, such as, but not limited to, fire services, law enforcement, emergency
medical, transportation, communications, public works and engineering, building
inspection, planning and information assistance, mass care, resource support,
health and medical services, and search and rescue;
(b)
The amount and type of personnel, equipment, materials, and supplies needed,
and a reasonable estimate of the length of time they will be needed;
(c)
The specific place and time for staging of the assisting party's response and a
point of contact at that location.
(3)
There shall be frequent consultation between state officials who have assigned
emergency management responsibilities and other appropriate representatives of
the party states with affected jurisdictions and the United States government,
with free exchange of information, plans, and resource records relating to
emergency capabilities.
ARTICLE
IV
LIMITATIONS
Any
party state requested to render mutual aid or conduct exercises and training
for mutual aid shall take such action as is necessary to provide and make available
the resources covered by this compact in accordance with the terms of this
compact. However, it is understood that the state rendering aid may withhold
resources to the extent necessary to provide reasonable protection for the
state. Each party state shall afford to the emergency forces of any party
state, while operating within its state limits under the terms and conditions
of this compact, the same powers except that of arrest unless specifically
authorized by the receiving state, duties, rights, and privileges as are
afforded forces of the state in which they are performing emergency services.
Emergency forces will continue under the command and control of their regular
leaders, but the organizational units will come under the operational control
of the emergency services authorities of the state receiving assistance. These
conditions may be activated, as needed, only subsequent to a declaration of a
state of emergency or disaster by the governor of the party state that is to
receive assistance or commencement of exercises or training for mutual aid and
shall continue so long as the exercise or training for mutual aid are in
progress, the state of emergency or disaster remains in effect, or loaned
resources remain in the receiving state or states, whichever is longer.
ARTICLE V
LICENSES
AND PERMITS
Whenever
any person holds a license, certificate, or other permit issued by any state
party to the compact evidencing the meeting of qualifications for professional,
mechanical, or other skills, and when such assistance is requested by the
receiving party state, such person shall be deemed licensed, certified, or
permitted by the state requesting assistance to render aid involving such skill
to meet a declared emergency or disaster, subject to such limitations and
conditions as the governor of the requesting state may prescribe by executive
order or otherwise.
ARTICLE
VI
LIABILITY
Officers
or employees of a party state rendering aid in another state under this compact
shall be considered agents of the requesting state for tort liability and
immunity purposes; and no party state or its officers or employees rendering
aid in another state under this compact shall be liable on account of any act
or omission in good faith on the part of such forces while so engaged or on
account of the maintenance or use of any equipment or supplies in connection
therewith. Good faith in this article may not include willful misconduct,
gross negligence, or recklessness.
ARTICLE
VII
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 among the states that are party
to this compact, this instrument contains elements of a broad base common to
all states, and nothing in this compact shall preclude any state from entering
into supplementary agreements with another state or affect any other agreements
already in force between states. Supplementary agreements may comprehend, but
shall not be limited to, provisions for evacuation and reception of injured and
other persons and the exchange of medical, fire, police, public utility,
reconnaissance, welfare, transportation and communications personnel, and
equipment and supplies.
ARTICLE
VIII
COMPENSATION
Each
party state shall provide for payment of compensation and death benefits to
injured members of the emergency forces of that state and representatives of
deceased members of such forces in case such members sustain injuries or are
killed while rendering aid under this compact, in the same manner and on the
same terms as if the injury or death were sustained within their own state.
ARTICLE
IX
REIMBURSEMENT
Any
party state rendering aid in another state under this compact shall be
reimbursed by the party state receiving the aid for any loss or damage to or
expense incurred in the operation of any equipment and the provision of any
service in answering a request for aid and for the costs incurred in connection
with the requests. However, any aiding party state may assume in whole or in
part the loss, damage, expense, or other cost, or may loan equipment or donate
services to the receiving party state without charge or cost; and any two or
more party states may enter into supplementary agreements establishing a
different allocation of costs among those states. Article VIII expenses may
not be reimbursable under this article.
ARTICLE
X
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
to so warrant, shall be worked out and maintained between the party states and
the emergency management/services directors of the various jurisdictions where
any type of incident requiring evacuation might occur. The plans shall be put
into effect by request of the state from which evacuees come and shall include
the manner of transporting evacuees, the number of evacuees to be received in
different areas, the manner in which food, clothing, housing, and medical care
will be provided, the registration of evacuees, the providing of facilities for
the notification of relatives or friends, and the forwarding of evacuees to
other areas or the bringing in of additional materials, supplies, and all other
relevant factors. Plans shall provide that the party state receiving evacuees
and the party state from which the evacuees come shall mutually agree as to
reimbursement of out-of-pocket expenses incurred in receiving and caring for
the evacuees, for expenditures for transportation, food, clothing, medicines
and medical care, and like items. Expenditures shall be reimbursed as agreed
by the party state from which the evacuees come. After the termination of the
emergency or disaster, the party state from which the evacuees come shall
assume the responsibility for the ultimate support of repatriation of the
evacuees.
ARTICLE
XI
IMPLEMENTATION
(1)
This compact shall become operative immediately upon its enactment into law by
any two states. After the first enactment, this compact shall become effective
as to any other state upon its enactment by such state.
(2)
Any party state may withdraw from this compact by enacting a statute repealing
the compact, but no withdrawal may take effect until thirty days after the
governor of the withdrawing state has given notice in writing of the withdrawal
to the governors of all other party states. This action may not relieve the
withdrawing state from obligations assumed under this compact before the
effective date of withdrawal.
(3)
Duly authenticated copies of this compact and such supplementary agreements as
may be entered into shall, at the time of their approval, be deposited with
each of the party states, and with the federal emergency management agency and
other appropriate agencies of the United States government.
ARTICLE
XII
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 state in any emergency for
which the president is authorized by law to call into federal service the
militia, or for any purpose for which the use of the army or the air force
would in the absence of express statutory authorization be prohibited under 18
U.S.C. Sec. 1385.
NEW
SECTION. Sec. 2. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW
SECTION. Sec. 3.
Sections 1 and 2 of this act constitute a new chapter in Title 38 RCW.
