Ala. Admin. Code r. 320-0-1-.03
Current through Register Vol. 43, No. 02, November 27, 2024
Section 320-0-1-.03 - Legal BasisThe legal basis for the Emergency Management Program in Alabama is Alabama Emergency Management Act of 1955 ( Public Law 31-9), Act 47, June 13, 1955); Executive Order No. 14, June 14, 1971; Executive Order No. 27, March 3, 1966; and Executive Order No. 40, July 23, 1985.
(a) Executive Order No. 27. This executive order provides for the "Creation of the State Office of Emergency Planning," March 3, 1966, and was adopted by reference by the Alabama Emergency Management Agency.(b) Executive Order No. 14-71. This executive order provides for "Assignment of Emergency Preparedness Functions to State Departments and Agencies," June 14, 1971, and was adopted by reference by the Alabama Emergency Management Agency.(c) Executive Orders 27 and 14 authorize the Governor to use the services, equipment, supplies and facilities of existing departments, offices and agencies of the state for emergency management purposes. Section 4 of Executive Order 14 authorizes the transfer of direction, personnel or functions of state agencies, boards, commissions for the purpose of performing or facilitating disaster or emergency services in the event of an impending or actual attack or manmade, technological or natural disaster.(d) Executive Order No. 40. In the event of an incident/accident involving a leak, spill, release of hazardous material, or threat of same, the Alabama Emergency Management Agency shall act as the coordinating agency for the state. The agency shall develop, in cooperation with other departments and agencies of state government, the necessary plans, rules and procedures for responding to these incidents/accidents. The AEMA will be responsible for ensuring that these plans, rules and procedures are implemented and carried out in the State of Alabama. This executive order further requests that departments and agencies of state government who have response capability cooperate with the Alabama Emergency Management Agency, the Department of Public Safety and the Department of Environmental Management in the establishment of a coordinated and unified system that will assure the citizens of Alabama have the best protection available from hazardous materials, spills, leaks, and releases, July 23, 1985. This executive order was adopted by the Alabama Emergency Management Agency.(e) Executive Order No. 4. This executive order authorizes implementation of the Federal Superfund Amendments and Reauthorization Act of 1986 ( Public Law 99-499), issued March 6, 1987, and was adopted by the Alabama Emergency Management Agency.(f) Section 10, Alabama Law, 1955 Act No. 47, authorizes and directs local governments to establish organizations for emergency management. Emergency management organizations are required in each county, either individually or jointly. Each local organization must be established by the governing body by appropriate ordinance and/or resolution. The ordinance or resolution must provide for the organization, powers, and duties, divisions, services and staff of the emergency management organization. Functional statements and organizational charts must be maintained in current status and charts displayed in the EMA office. Initially, local EMAs will submit with their annual budget a functional statement and an organizational chart. Subsequent submission of the chart and statement is required only when a change/revision is published. A Federal Emergency Management Agency (FEMA) Form 85-17, Staffing Pattern for each participating political jurisdiction, is a required part of the state's annual Comprehensive Cooperative Agreement. Thus, the current annual state submission reflects local agencies meeting eligibility criteria to receive EMA funds.Author:
Ala. Admin. Code r. 320-0-1-.03
Statutory Authority:Code of Ala. 1975, §§ 31-9-1, et seq.