SENATE BILL NO. 896

April 28, 2020, Introduced by Senator RUNESTAD and referred to the Committee on Government Operations.

A bill to amend 1976 PA 390, entitled

"Emergency management act,"

by amending sections 2, 7a, and 8 (MCL 30.402, 30.407a, and 30.408), section 2 as amended by 1990 PA 50 and sections 7a and 8 as amended by 2002 PA 132.

the people of the state of michigan enact:

Sec. 2. As used in this act:

(a) "Chief executive official" means:

(i) In the case of a county with an elected county executive, the county executive.

(ii) In the case of a county without an elected county executive, the chairperson of the county board of commissioners, or the appointed administrator designated by appropriate enabling legislation.

(iii) In the case of a city, the mayor or the individual specifically identified in the municipal charter.

(iv) In the case of a township, the township supervisor.

(v) In the case of a village, the village president or the individual specifically identified in the village charter.

(b) "Council" means the Michigan emergency management advisory council.

(c) "Department" means the department of state police.

(d) "Director" or "state director of emergency management" means the director of the department of state police or his or her designee.

(e) "Disaster" means an occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from a natural or human-made cause, including, but not limited to, fire, flood, snowstorm, ice storm, tornado, windstorm, wave action, oil spill, water contamination, utility failure, hazardous peacetime radiological incident, major transportation accident, hazardous materials incident, epidemic, air contamination, blight, drought, infestation, explosion, or hostile military action or paramilitary action, or similar occurrences resulting from terrorist activities, riots, or civil disorders.

(f) "Disaster relief forces" means all agencies of state, county, and municipal government, private and volunteer personnel, public officers and employees, and all other persons or groups of persons having duties or responsibilities under this act or pursuant to a lawful order or directive authorized by this act.

(g) "District coordinator" means the state police emergency management division district coordinator.

(h) "Emergency" means any occasion or instance in which the governor determines state assistance is needed to supplement local efforts and capabilities to save lives, protect property and the public health and safety, or to lessen or avert the threat of a catastrophe in any part of the state.

(i) "Emergency management coordinator" means a person appointed pursuant to section 9 to coordinate emergency management within the county or municipality. Emergency management coordinator includes a civil defense director, civil defense coordinator, emergency services coordinator, emergency program manager, or other person with a similar title and duties.

(j) "Industry emergency management representative" means an individual who represents the interests of a statewide business organization that reflects the diverse business community in this state.

(k) (j) "Local state of emergency" means a proclamation or declaration that activates the response and recovery aspects of any and all applicable local or interjurisdictional emergency operations plans and authorizes the furnishing of aid, assistance, and directives under those plans.

(l) (k) "Michigan emergency management plan" means the plan prepared and maintained by the emergency management division of the department and signed by the governor.

(m) (l) "Municipality" means a city, village, or township.

(n) (m) "Person" means an individual, partnership, corporation, association, governmental entity, or any other entity.

(o) (n) "Political subdivision" means a county, municipality, school district, or any other governmental unit, agency, body, board, or commission which is not a state department, board, commission, or agency of state government.

(p) (o) "Rule" means a rule promulgated pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.1969 PA 306, MCL 24.201 to 24.328.

(q) (p) "State of disaster" means an executive order or proclamation that activates the disaster response and recovery aspects of the state, local, and interjurisdictional emergency operations plans applicable to the counties or municipalities affected.

(r) (q) "State of emergency" means an executive order or proclamation that activates the emergency response and recovery aspects of the state, local, and interjurisdictional emergency operations plans applicable to the counties or municipalities affected.

Sec. 7a. (1) The department shall establish an emergency management division for the purpose of coordinating within this state the emergency management activities of county, municipal, state, and federal governments and state business organizations. The department shall provide the division with professional and support employees as necessary for the performance of its functions.

(2) The division shall prepare and maintain a Michigan emergency management plan that is a comprehensive plan that encompasses mitigation, preparedness, response, and recovery for this state.

(3) The division shall receive available state and federal emergency management and disaster related grants-in-aid and shall administer and apportion the grants according to appropriately established guidelines to the agencies of this state and local political subdivisions.

(4) The With input from a bipartisan legislative workgroup, the division may shall do 1 or more all of the following:

(a) Promulgate rules that establish standards and requirements for the appointment, training, and professional development of emergency management coordinators.

(b) Promulgate rules that establish standards and requirements for local and interjurisdictional emergency management programs.

(c) Periodically review local and interjurisdictional emergency operations plans.

(d) Promulgate rules that establish standards and requirements for emergency training and exercising programs and public information programs.

(e) Make Every 4 years, make surveys of industries, resources, and facilities within this state, both public and private, necessary to carry out the purposes of this act.

(f) Prepare, for issuance by the governor, executive orders, proclamations, and regulations as necessary or appropriate in coping with disasters and emergencies.

(g) Provide for 1 or more state emergency operations centers to provide for the coordination of emergency response and disaster recovery in this state.

(h) Provide for the coordination and cooperation of state agencies and departments with federal and local government agencies and departments and state business organizations in emergency management activities.

(i) Provide for secure communication processes, to include virtual meetings of the division with state and local emergency management coordinators and with industry emergency management representatives to be held immediately at the call of the director or the division director at the onset of a statewide disaster under a declaration of a state of disaster or a state of emergency and through the mitigation and recovery process.

(j) (i) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this act and in implementing programs for disaster mitigation, preparation, response, and recovery.

(k) (j) Propose and administer statewide mutual aid compacts and agreements.

(l) (k) Do other activities necessary, incidental, or appropriate for the implementation of this act.

(5) For purposes of this section, the judicial branch of this state is considered a department of state government.

(6) Not later than 30 days after the effective date of the amendatory act that added this subsection, and every 4 years, the director shall appoint 5 industry emergency management representatives to meet with the division, district coordinators, and emergency management coordinators to review and advise the director on any proposed or existing rules, orders, plans, or guidelines described in this section.

(7) Industry emergency management representatives shall be appointed by the director, 2 from a list of 4 or more individuals nominated by the senate majority leader and 2 from a list of 4 or more individuals nominated by the speaker of the house of representatives. Industry emergency management representatives shall serve for a period of 4 years or until the state of emergency or state of disaster is terminated, whichever is longer.

(8) The meeting described in subsection (6) shall be called by the director and conducted at a public meeting held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(9) Industry emergency management representatives shall serve without compensation.

(10) (6) As used in this section, "division" means the emergency management division of the department.

Sec. 8. (1) The director of each department of state government, and those agencies of state government required by the Michigan emergency management plan to provide an annex to that plan, shall serve as emergency management coordinator for their respective departments or agencies. Each director may appoint or employ a designated representative as emergency management coordinator, provided that the representative shall act for and at the direction of that director while functioning in the capacity of emergency management coordinator upon the activation of the state emergency operations center, or the declaration of a state of disaster or emergency. Each department or agency emergency management coordinator shall act as liaison between his or her department or agency and the emergency management division of the department in all matters of emergency management, including the activation of the Michigan emergency management plan. Each department or agency of state government specified in the Michigan emergency management plan shall prepare and continuously update an annex to the plan providing for the delivery of emergency management activities by that agency or the department. The annexes shall be in a form prescribed by the director. The emergency management coordinator shall represent the agency or department head in the drafting and updating of the respective agency's or the department's emergency management annex and in coordinating the agency's or department's emergency management efforts with those of the other state agencies as well as with county and municipal governments.

(2) Upon the declaration of a state of disaster or a state of emergency by the governor, each state agency shall cooperate to the fullest possible extent with the director in the performance of the services that it is suited to perform, and as described in the Michigan emergency management plan, in the prevention, mitigation, response to, or recovery from the disaster or emergency. For purposes of this section, the judicial branch of this state is considered a department of state government and the chief justice of the Michigan supreme court is considered the director of that department.

(3) Not later than January 1 of each year the director shall report all the following to each house of the legislature for the immediately preceding fiscal year:

(a) The status of the Michigan emergency management plan.

(b) Whether this state has sufficient stockpiles of equipment or supplies needed for emergencies detailed in the Michigan emergency management plan.

(c) A summary of actions taken in the immediately preceding fiscal year under this section by the emergency management division.

(d) Any recommendations made by industry emergency management representatives under section 7a during the immediately preceding fiscal year.