§ 1. Purpose and policy
(a) Because of the increasing possibility of the occurrence of disasters or emergencies
of unprecedented size and destructiveness resulting from all-hazards and in order
to ensure that preparation of this State will be adequate to deal with such disasters
or emergencies; to provide for the common defense; to protect the public peace, health,
and safety; and to preserve the lives and property of the people of the State, it
is found and declared to be necessary:
(1) to create a State emergency management agency, and to authorize the creation of local
and regional organizations for emergency management;
(2) to confer upon the Governor and upon the executive heads or legislative branches of
the towns and cities of the State the emergency powers provided pursuant to this chapter;
(3) to provide for the rendering of mutual aid among the towns and cities of the State;
with other states and Canada; and with the federal government with respect to the
carrying out of emergency management functions; and
(4) to authorize the establishment of organizations and to carry out the provisions of
this chapter as necessary and appropriate.
(b) It is further declared to be the purpose of this chapter and the policy of the State
that all emergency management functions of this State be coordinated to the maximum
extent with the comparable functions of the federal government including its various
departments and agencies, of other states and localities, and of private agencies
of every type, to the end that the most effective preparation and use may be made
of the nation’s resources and facilities for dealing with any emergencies resulting
from all-hazards. (Amended 1989, No. 252 (Adj. Sess.), § 2; 2005, No. 209 (Adj. Sess.), § 2; 2021, No. 20, § 111; 2023, No. 143 (Adj. Sess.), § 25, eff. July 1, 2024.)
§ 2. Definitions
As used in this chapter:
(1) “All-hazards” means any natural disaster, health or disease-related emergency, accident,
civil insurrection, use of weapons of mass destruction, terrorist or criminal incident,
radiological incident, significant event, and designated special event, any of which
may occur individually, simultaneously, or in combination and that poses a threat
or may pose a threat, as determined by the Commissioner or designee, to property or
public safety in Vermont.
(2) “Commissioner” means the Commissioner of Public Safety.
(3) “Director” means the Director of the Division of Emergency Management of the Department
of Public Safety.
(4) “Emergency functions” include services provided by the Department of Public Safety,
firefighting services, police services, sheriff’s department services, medical and
health services, rescue, engineering, emergency warning services, communications,
evacuation of persons, emergency welfare services, protection of critical infrastructure,
emergency transportation, temporary restoration of public utility services, other
functions related to civilian protection, and all other activities necessary or incidental
to the preparation for and carrying out of these functions.
(5) “EPCRA” means the federal Emergency Planning and Community Right-To-Know Act, 42 U.S.C. §§ 11001-11050 (1986).
(6) “Emergency management” means the preparation for and implementation of all emergency
functions, other than the functions for which the U.S. Armed Forces or other federal
agencies are primarily responsible, to prevent, plan for, mitigate, and support response
and recovery efforts from all-hazards. Emergency management includes the utilization
of first responders and other emergency management personnel and the equipping, exercising,
and training designed to ensure that this State and its communities are prepared to
deal with all-hazards.
(7) “First responder” means State, county, and local governmental and nongovernmental
personnel who provide immediate support services necessary to perform emergency management
functions during an emergency or all-hazards event, including:
(A) emergency management and public safety personnel;
(B) firefighters, as that term is defined in section 3151 of this title;
(C) law enforcement officers, as that term is defined in section 2351a of this title;
(D) public safety telecommunications and dispatch personnel;
(E) emergency medical personnel and volunteer personnel, as those terms are defined in
24 V.S.A. § 2651;
(F) licensed professionals who would provide clinical services and emergency care in hospitals
and medical facilities created to address an all-hazards event;
(G) public health personnel;
(H) public works personnel, including water, wastewater, and stormwater personnel; and
(I) equipment operators and other skilled personnel, who provide services necessary to
enable the performance of emergency management functions.
(8) “Hazard mitigation” means any action taken to reduce or eliminate the threat to persons
or property from all-hazards.
(9) “Hazardous chemical or substance” means:
(A) Any chemical covered by 42 U.S.C. §§ 11021 and 11022 and defined in 29 C.F.R. § 1910.1200(c) or in 18 V.S.A. § 1722.
(B) Any substance as defined in 42 U.S.C. § 9601(14) or designated hazardous by the administrator of the U.S. Environmental Protection
Agency pursuant to 42 U.S.C. §§ 9602(a) or 11002(a)(2).
(C) Any hazardous material pursuant to 5 V.S.A. § 2001.
(D) Fungicides, herbicides, insecticides, or rodenticides as defined in 6 V.S.A. § 911.
(E) Any hazardous waste or material as defined in 10 V.S.A. § 6602.
(F) Any of the dangerous substances defined in section 2799 of this title.
(10) “Hazardous chemical or substance incident” means any mishap or occurrence involving
hazardous chemicals or substances that may pose a threat to persons or property.
(11) “Homeland security” means the preparation for and carrying out of all emergency functions,
other than the functions for which the U.S. Armed Forces or other federal agencies
are primarily responsible, to prevent, minimize, or repair injury and damage resulting
from or caused by enemy attack, sabotage, or other hostile action.
(12) “Radiological incident” means any mishap or occurrence involving radiological activity
that may pose a threat to persons or property. (Amended 1971, No. 209 (Adj. Sess.), eff. April 3, 1972; 1989, No. 252 (Adj. Sess.), § 3; 2005, No. 209 (Adj. Sess.), § 3; 2021, No. 20, § 112; 2023, No. 143 (Adj. Sess.), § 5, eff. July 1, 2024; 2025, No. 57, § 16, eff. July 1, 2025.)
§ 3. Vermont Emergency Management
(a) There is hereby created within the Department of Public Safety the Division of Emergency
Management, which may also be known as Vermont Emergency Management.
(b) There shall be a Director of Vermont Emergency Management who shall be in immediate
charge of the Division. The Director shall be appointed by the Commissioner, with
the approval of the Governor. The Director shall serve at the pleasure of the Commissioner
and shall hold no other State office. The Director shall perform all the following
duties:
(1) coordinate the activities of all emergency management organizations within the State;
(2) maintain liaison and cooperation with emergency management agencies and organizations
of the federal government, other states, and Canada; and
(3) perform additional duties and responsibilities required pursuant to this chapter and
prescribed by the Governor.
(c) The Commissioner, subject to the approval of the Governor, shall delegate to the several
departments and agencies of the State government appropriate emergency management
responsibilities and review and coordinate the emergency management activities of
the departments and agencies with each other and with the activities of the districts
and neighboring states, the neighboring Canadian province of Quebec, and the federal
government. (Amended 1965, No. 125, § 17, eff. July 2, 1965; 1985, No. 4, eff. March 9, 1985; 1989, No. 252 (Adj. Sess.), § 4; 2005, No. 209 (Adj. Sess.), § 4; 2021, No. 105 (Adj. Sess.), § 370, eff. July 1, 2022; 2025, No. 57, § 16, eff. July 1, 2025.)
§ 3a. Emergency Management Division; duties; budget
(a) In addition to other duties required by law, the Division of Emergency Management
shall:
(1) Establish and maintain a comprehensive State emergency management strategy that includes
an emergency management plan; establish and define regional emergency management committees;
and prepare an all-hazards mitigation plan in cooperation with other State, regional,
and local agencies in compliance with adopted federal standards for emergency management.
The strategy shall be designed to protect the lives and property, including domestic
animals, of persons within this State who might be threatened as the result of all-hazards,
and shall align State coordination structures, capabilities, and resources into a
unified and multidisciplined all-hazards approach to incident management.
(2) Assist the State Emergency Response Commission, the local emergency planning committees,
the regional emergency management committees, and the municipally established local
organizations referred to in section 6 of this title in carrying out their designated emergency functions, including developing, implementing,
and coordinating emergency plans.
(3) Annually on or before the last legislative day in January, provide an update and presentation
to the House Committee on Government Operations and Military Affairs and the Senate
Committee on Government Operations concerning all action items in the all-hazards
mitigation plan required by subdivision (1) of this subsection.
(b) Each fiscal year, the Division of Emergency Management, in collaboration with State
and local agencies, the management of the nuclear reactor, the legislative bodies
of the municipalities in the emergency planning zone where the nuclear reactor is
located, the Windham Regional Planning Commission, and any other municipality or emergency
planning zone entity required by the State to support the Radiological Emergency Response
Plan, shall develop the budget for expenditures from the Radiological Emergency Response
Plan Fund. The expenditure budget shall include all costs for evacuation notification
systems.
(c) From the Fund, each town within the emergency planning zone shall receive an annual
base payment of no less than $5,000.00 for radiological emergency response-related
expenditures from the Radiological Emergency Response Plan Fund. Additional expenditures
by municipalities in the emergency planning zone, the Windham Regional Planning Commission,
and any other municipality or emergency planning entity defined by the State as required
to support the Plan shall be determined during the budget development process established
by subsection (b) of this section. (Added 1989, No. 252 (Adj. Sess.), § 5; amended 1993, No. 194 (Adj. Sess.), § 1, eff. June 14, 1994; 2005, No. 209 (Adj. Sess.), § 5; 2005, No. 215 (Adj. Sess.), § 68a; 2021, No. 52, § 17; 2025, No. 57, § 1, eff. July 1, 2025.)
§ 4. Language assistance services for State emergency communications
(a) If an all-hazards event occurs, the Division shall ensure that language assistance
services are available for all State communications regarding the all-hazards event,
including relevant press conferences and emergency alerts, as soon as practicable.
Language assistance services shall be provided for:
(1) individuals who are Deaf, Hard of Hearing, and DeafBlind; and
(2) individuals with limited English proficiency.
(b) As used in this section, an “individual with limited English proficiency” means a
person who does not speak English as the person’s primary language and who has a limited
ability to read, write, speak, or understand English.
(c) Annually, the Division shall hold a public meeting with members of the Vermont Deaf,
Hard of Hearing, and DeafBlind Advisory Council; the Office of Racial Equity; the
Vermont Association of Broadcasters; and other relevant stakeholders to review the
adequacy and efficacy of the provision and distribution of language assistance services
of emergency communications over mass communication platforms to individuals who are
Deaf, Hard of Hearing, and DeafBlind as well as individuals with limited English language
proficiency. (Added 2023, No. 143 (Adj. Sess.), § 21, eff. July 1, 2025; amended 2025, No. 57, § 16, eff. July 1, 2025.)
§ 5. Public safety districts
(a) The Governor shall divide the State into public safety districts, one to correspond
to each Vermont State Police troop area, as defined by the Commissioner. Each district
shall be a reasonably self-sustaining, operating emergency management unit.
(b) The emergency management executive in each district shall be known as the district
coordinator. The district coordinator shall be appointed by the Commissioner and shall
serve during the pleasure of the Commissioner. The district coordinator shall discharge
emergency management powers within his or her district. Each public safety district
shall maintain on file an all-hazards incident response plan in cooperation with any
local emergency planning committee (LEPC) in that district and other State and local
agencies. (Amended 1959, No. 23, § 1, eff. March 6, 1959; 1985, No. 4, eff. March 9, 1985; 1989, No. 252 (Adj. Sess.), § 7; 1995, No. 188 (Adj. Sess.), § 5; 2005, No. 209 (Adj. Sess.), § 6.)
§ 6. Local and regional organization for emergency management
(a) Each town and city of this State shall establish a local organization for emergency
management in accordance with the State emergency management plan and program. The
executive officer or legislative branch of the town or city shall appoint a town or
city emergency management director who shall have direct responsibility for the organization,
administration, and coordination of the local organization for emergency management,
subject to the direction and control of the executive officer or legislative branch.
If the town or city has not adopted the town manager form of government in accordance
with 24 V.S.A. chapter 37 and the executive officer or legislative branch of the town
or city has not appointed an emergency management director, the executive officer
or legislative branch shall appoint a town or city emergency management director.
The town or city emergency management director may appoint an emergency management
coordinator and other staff as necessary to accomplish the purposes of this chapter.
In an instance of a vacancy of the position of a town or city emergency management
director, the executive officer or the chair or president of the legislative branch
shall be the emergency management director.
(b) Each local organization for emergency management shall perform emergency management
functions within the territorial limits of the town or city within which it is organized,
which may include coordinating the utilization of first responders and other emergency
management personnel pursuant to the all-hazards emergency management plan adopted
pursuant to subsection (c) of this section. In addition, each local organization for
emergency management shall conduct such functions outside of the territorial limits
as may be required pursuant to the provisions of this chapter and in accord with rules
adopted by the Governor.
(c)(1) Each local organization shall develop and maintain an all-hazards emergency management
plan in accordance with the State Emergency Management Plan and guidance set forth
by the Division of Emergency Management.
(2) The Division shall amend the local emergency plan template and any best management
practices or guidance the Division issues to municipalities to address the need for
the siting of local and regional emergency shelters in a manner that allows access
by those in need during an all-hazards event.
(3) The Division shall advise municipalities that when a shelter is sited under a local
emergency plan, the municipality should work with the Agency of Human Services, the
American Red Cross, and community-based emergency or charitable food providers, to
assess the facility and the facility’s potential operations, including the characteristics
of the surrounding area during an all-hazards event, multiple routes of travel and
possible hazards that could prevent access to the shelter, and the need for immediate
and sustained access to food and water for individuals using the shelter.
(4) The Division, in coordination with the Agency of Human Services, shall advise municipalities,
upon completion of a local emergency management plan, on how to conduct training and
exercises pertaining to sheltering.
(d) Regional emergency management committees shall be established by the Division of Emergency
Management.
(1) Regional emergency management committees shall coordinate emergency planning and preparedness
activities to improve their regions’ ability to prepare for, respond to, and recover
from all disasters.
(2) The Division of Emergency Management shall establish geographic boundaries and guidance
documents for regional emergency planning committees in coordination with regional
planning commissions and mutual aid associations.
(3) A regional emergency management committee shall consist of voting and nonvoting members.
(A) Voting members. The local emergency management director or designee and one representative from each
town and city in the region shall serve as the voting members of the committee. A
representative from a town or city shall be a member of the town’s or city’s emergency
services community and shall be appointed by the town’s or city’s executive or legislative
branch.
(B) Nonvoting members. Nonvoting members may include representatives from the following organizations serving
within the region: fire departments, emergency medical services, law enforcement,
other entities providing emergency response personnel, media, transportation, regional
planning commissions, hospitals, the Department of Health’s district office, the Division
of Emergency Management, organizations serving vulnerable populations, local libraries,
arts and culture organizations, regional development corporations, local business
organizations, community-based emergency or charitable food providers, and any other
interested public or private individual or organization.
(C) Meeting quorum requirement. A regional emergency management committee may vote annually, at the committee’s final
meeting of the calendar year, to modify its quorum requirement for meetings in the
subsequent year; provided, however, that the quorum shall be not fewer than 20 percent
of voting members.
(4) Voting members shall annually elect a chair and vice chair of the committee from the
voting membership. The chair shall develop a meeting schedule, agenda, and facilitate
each meeting. The vice chair shall fill in for the chair during the chair’s absence.
(5) Committees shall develop and maintain a regional plan, consistent with guidance provided
by the Division of Emergency Management in coordination with regional planning commissions,
that describes regional coordination and regionally available resources. (Amended 1989, No. 252 (Adj. Sess.), § 8; 1993, No. 194 (Adj. Sess.), § 2, eff. June 14, 1994; 2005, No. 209 (Adj. Sess.), § 7; 2021, No. 20, § 113; 2021, No. 52, § 12; 2023, No. 53, § 132a, eff. June 8, 2023; 2023, No. 143 (Adj. Sess.), § 7, eff. July 1, 2024.)
§ 7. Mobile support units
(a) Organization. The Commissioner is authorized to create and establish mobile support units as necessary
to reinforce emergency management organizations in stricken areas and with due consideration
of the plans of the federal government, the government of Canada, and other states.
A mobile support unit shall be subject to call to duty and shall perform these functions
in this State, in Canada, or in other states in accord with its charter and rules
adopted by the Governor and with the terms of this chapter.
(b) Personnel; powers and immunities, compensation.
(1) Personnel of mobile support units while engaged in emergency management, whether within
or outside the State, shall:
(A) if they are employees of the State, have the powers, duties, rights, privileges, and
immunities and receive the compensation incidental to their employment;
(B) if they are employees of a political subdivision of the State, have the powers, duties,
rights, privileges, and immunities and receive the compensation incidental to their
employment; and
(C) if they are not employees of the State, or a political subdivision of the State, be
entitled to appropriate compensation as fixed by the Commissioner with the approval
of the Governor, and to the same rights and immunities as are provided by law for
the employees of this State.
(2) All personnel of mobile support units, while engaged in emergency management, shall
be subject to the operational control of the authority in charge of emergency management
activities in the area in which they are serving and shall be reimbursed for all actual
and necessary travel and subsistence expenses.
(c) Reimbursement of municipalities. The State shall reimburse a political subdivision of the State for the compensation
paid and actual and necessary travel, subsistence, and maintenance expenses of employees
of the political subdivision of the State while serving as members of a mobile support
unit; for all payments of death, disability, or injury of the employees incurred in
the course of such duty; and for all losses of or damage to supplies and equipment
of the political subdivision of the State resulting from the operation of the mobile
support unit.
(d) Aid from other states. Whenever a mobile support unit of another state provides aid in this State pursuant
to the orders of the governor of its home state and upon the request of the Governor,
this State shall reimburse the other state for the compensation paid and actual and
necessary travel, subsistence, and maintenance expenses of the personnel of the mobile
support unit while providing the aid, and for all payments for death, disability,
or injury of the unit’s personnel incurred in the course of providing the aid, and
for all losses of or damage to supplies and equipment of the other state or a political
subdivision of that state resulting from the provision of aid, provided that the laws
of the other state contain provisions substantially similar to this section or that
substantially similar provisions are contained in a reciprocal mutual-aid agreement
or compact or that the federal government has authorized or agreed to make reimbursements
for the mutual aid on a basis that is substantially similar to the requirements of
this section.
(e) Aid to other states. No personnel of mobile support units of this State shall be ordered by the Governor
to operate in any other state unless the laws of the other state contain provisions
substantially similar to this section or unless the reciprocal mutual aid agreements
or compacts include provisions providing for such reimbursements or unless the reimbursements
will be made by the federal government by law or agreement. (Amended 1989, No. 252 (Adj. Sess.), § 9; 2005, No. 209 (Adj. Sess.), § 8; 2021, No. 20, § 114.)
§ 8. General powers of Governor
(a) The Governor shall have general direction and control of the emergency management
agency and shall be responsible for carrying out the provisions of this chapter.
(b) In performing the duties under this chapter, the Governor is further authorized and
empowered:
(1) Orders and rules. To make, amend, and rescind the necessary orders and rules to carry out the provisions
of this chapter with due consideration of the plans of the federal government.
(2) Plans.
(A) To prepare a comprehensive plan and program for the emergency management of this State
to be integrated into and coordinated with the emergency management plans of the federal
government, the Canadian government, and other states to the fullest possible extent.
(B) To coordinate the preparation of plans and programs for emergency management with
public safety districts, local emergency planning committees, regional planning commissions,
and by the municipalities of this State. The plans shall be integrated into and coordinated
with the emergency management plans and program of this State to the fullest possible
extent.
(3) Inventories, training, mobilization. In accordance with the plan and program for the emergency management of the State:
(A) to ascertain the requirements of the State or the municipalities for food, water,
fuel, clothing, or other necessities of life in any all-hazards event and to plan
for and procure supplies, medicines, materials, and equipment for the purposes set
forth in this chapter;
(B) to make surveys of the industries, resources, and facilities within the State as necessary
to carry out the purposes of this chapter, provided that no inventory or record of
privately owned firearms shall be made under the provisions of this chapter; and
(C) to institute training programs and public information programs, and to take all other
preparatory steps, including the partial or full mobilization of emergency management
organizations in advance of actual disaster, to ensure the furnishing of adequately
trained and equipped forces of first responders and other emergency management personnel
in time of need.
(4) Cooperation with the President and others.
(A) To cooperate with the President and the heads of the U.S. Armed Forces, and the U.S.
Department of Homeland Security, and with the officers and agencies of other states
in matters pertaining to the emergency management of the State and nation.
(B) To take any measures, consistent with the Vermont Constitution, that the Governor
deems proper to implement any request for the president and the appropriate federal
officers and agencies, for any action looking to emergency management, including the
direction or control of mobilization of emergency management and homeland security
forces, tests and exercises, warnings and signals for drills or emergencies, shutting
off water mains, gas mains, electric power connections and the suspension of all other
utility services, the conduct of civilians and the movement and cessation of movement
of pedestrians and vehicular traffic during, prior, and subsequent to drills or attack,
public meetings or gatherings, and the evacuation and reception of the civilian population.
(5) Services and facilities. To utilize the services and facilities of existing officers and agencies of the State
and of the counties and municipalities of the State. All officers and agencies shall
cooperate with and extend services and facilities to the Governor as the Governor
may request.
(6) Law enforcement. To take action and give directions to State and local law enforcement officers and
agencies as may be reasonable and necessary to secure compliance with the provisions
of this chapter and with the orders and rules made pursuant to this chapter.
(7) Delegation of authority. To delegate any authority vested in the Governor under this chapter to the Commissioner
or designee.
(8) Mutual aid agreements with other states. On behalf of this State, to enter into reciprocal aid agreements under this chapter
and pursuant to compacts with other states and the federal government or a province
of a foreign country under such terms as the Congress of the United States may prescribe.
These mutual aid arrangements shall be limited to the furnishing or exchange of food,
water, fuel, clothing, medicine, and other supplies; engineering services; emergency
housing; police services; National Guard units while under the control of the State;
health; medical and related services; fire fighting, rescue, transportation, and construction
services and equipment; personnel necessary to provide or conduct these services;
and other supplies, equipment, facilities, personnel, and services as needed; and
the reimbursement of costs and expenses for equipment, supplies, personnel, and similar
items for mobile support units, firefighting, and police units and health units. The
mutual aid agreements shall be made on such terms and conditions as the Governor deems
necessary.
(9) Mutual aid among municipalities. To sponsor, develop, and approve mutual aid plans and agreements among the towns and
cities of the State, similar to the mutual aid arrangements referred to in this section. (Amended 1989, No. 252 (Adj. Sess.), § 10; 2005, No. 209 (Adj. Sess.), § 9; 2021, No. 20, § 115; 2023, No. 143 (Adj. Sess.), § 26, eff. July 1, 2024.)
§ 9. Emergency powers of Governor
(a) Subject to the provisions of this chapter, in the event of an all-hazards event in
or directed upon the United States or Canada that causes or may cause substantial
damage or injury to persons or property within the State in any manner, the Governor
may declare a state of emergency within the entire State or any portion or portions
of the State. Thereafter, the Governor shall have and may exercise for as long as
the Governor determines the emergency to exist the following additional powers within
the area or areas:
(1) To enforce all laws and rules relating to emergency management and to assume direct
operational control of all first responders, other emergency management personnel,
and volunteers in the affected area or areas.
(2) To formulate and execute plans and rules for the control of traffic and to coordinate
the activities of the departments or agencies of the State and of the political subdivisions
of the State concerned directly or indirectly with public highways and streets, in
a manner that will best effectuate the plans.
(3) To prescribe the maximum rates of speed at which motor vehicles may be operated on
any road, highway, or street in the State; prescribe the sizes and weights of such
motor vehicles; suspend the application of any statute or rule levying or assessing
any license, insofar as the statute or rule relates to the entry into or the privilege
of operation in this State of any motor vehicle, including busses or house trailers,
registered in any other state and with respect to which a valid and unexpired license
has been issued by the other state.
(4) To employ such measures and give such directions to the State or local boards of health
as may be reasonably necessary for the purpose of securing compliance with the provisions
of this chapter.
(5) To utilize the services and facilities of existing officers and agencies of the State
and of the cities and towns of the State; and all such officers and agencies shall
cooperate with and extend their services and facilities to the Governor as he or she
may request.
(6) To use and employ within the State, from time to time, and as he or she may deem expedient,
any of the property, services, and resources of the State, for the purposes set forth
in this chapter.
(7) To establish agencies and offices and to appoint executive, technical, clerical, and
other personnel as may be necessary to carry out the provisions of this chapter.
(8) Upon the declaration of an emergency as authorized in federal legislation that includes
the State of Vermont, to cooperate with the President of the United States, the U.S.
Armed Forces, with other federal departments, agencies, and independent establishments,
and other states in matters pertaining to emergency management; and in connection
therewith to take such action, not inconsistent with the Constitution and laws of
the State, that he or she may deem proper to carry into effect any request of the
President, the Secretary of Defense, the Secretary of Homeland Security, the Secretary
of Health and Human Services, and the Director of the Federal Emergency Management
Agency.
(9) To order the evacuation of persons living or working within all or a portion of an
area for which a state of emergency has been proclaimed.
(10) As provided in 30 V.S.A. § 248(l), in consultation with the Chair of the Public Utility Commission and the Commissioner
of Public Service or their designees, to waive the prohibitions contained in 30 V.S.A. § 248 upon site preparation for or construction of an electric transmission facility or
a generating facility necessary to ensure the stability or reliability of the electric
system or a natural gas facility. Waivers issued under this subdivision shall be subject
to conditions required by the Governor and shall be valid for the duration of the
declared emergency plus 180 days, or such lesser overall term as determined by the
Governor. Upon the expiration of a waiver under this subdivision, if a certificate
of public good has not been issued by the Public Utility Commission under 30 V.S.A. § 248, the Commission shall require the removal, relocation, or alteration of the facilities,
subject to the waiver, as the Commission finds will best promote the general good
of the State.
(11) In consultation with the Secretary of Natural Resources or designee, to authorize
the Agency to issue temporary emergency permits, with appropriate conditions to minimize
significant adverse environmental impacts, after limited or no opportunity for public
comment, allowing site preparation for, construction of, or operation of an electric
transmission facility or a generating facility necessary to ensure the stability or
reliability of the electric system or a natural gas facility. A permit issued under
this subdivision shall be subject to conditions required by the Governor and shall
be valid for the duration of the declared emergency plus 180 days, or such lesser
overall term as determined by the Governor. Upon the expiration of a temporary emergency
permit under this subdivision, if any applicable permits have not been issued by the
Secretary or the Commissioner of Environmental Conservation, the Secretary may seek
enforcement under applicable law.
(b)(1) In consultation with the Secretary of Natural Resources or designee, the Governor
may authorize the Agency of Natural Resources to waive applicable permits and restrictions
under 10 V.S.A. chapter 47 or the Vermont Water Quality Standards to allow dams within the State to draw down
water levels in anticipation of a flood event that is likely to cause substantial
damage or injury to persons or property. Waivers may only be issued if the Director
of the Division of Emergency Management, in consultation with the Secretary of Natural
Resources or designee, has significant reason to believe that authorizing an advance
drawdown will decrease the risk of substantial damage to persons or property within
the State. The Secretary or designee shall, to the extent feasible, consult with applicable
dam owners for federally licensed sites. Dam operators operating under a waiver shall
be required to make every effort to minimize the environmental impact of a water level
drawdown under the authorized waiver.
(2) Dam owners authorized to use a waiver under this subsection shall be required to develop
a drawdown plan that is approved by the Secretary prior to implementation of a drawdown.
This subdivision shall not apply to dam owners that have other plans approved by the
Secretary in effect that address emergency drawdowns. The drawdown plan shall at minimum
include the following:
(A) hydrologic and hydraulic modeling of the dam, reservoir, and downstream channel performed
by an engineer experienced in dam safety engineering that proves the public safety
benefit of pre-event drawdown;
(B) dam owner communications with downstream communities and applicable regulators prior
to and during drawdown operations;
(C) maximum safe reservoir drawdown rates and outflows, as well as ramping rates for drawdown
operations;
(D) target drawdown elevation in the reservoir;
(E) refill plan if unable to achieve during storm event;
(F) monitoring and reporting requirements of drawdown operations; and
(G) documentation of plan updates and revisions over time. (Amended 1959, No. 23, § 2, eff. March 6, 1959; 1983, No. 115 (Adj. Sess.), § 1, eff. March 16, 1984; 1989, No. 252 (Adj. Sess.), § 11; 2003, No. 82 (Adj. Sess.), § 5; 2005, No. 209 (Adj. Sess.), § 10; 2021, No. 20, § 116; 2023, No. 143 (Adj. Sess.), § 27, eff. July 1, 2024; 2025, No. 57, § 9, eff. July 1, 2025.)
§ 10. Request to Governor by municipal authorities
The all-hazards event provisions of this chapter shall not be brought into action
unless the municipal director of emergency management, a member of the legislative
body of the municipality, the city or town manager, or the mayor of a city that is
within the area affected by an all-hazards event shall declare an emergency and request
the Governor to find that a state of emergency exists and the Governor so finds, or
unless the Governor declares a state of emergency under section 9 of this title. (Amended 2005, No. 209 (Adj. Sess.), § 11.)
§ 11. Additional emergency powers
In the event of an all-hazards event, the Governor may exercise any or all of the
following additional powers:
(1) To authorize any department or agency of the State to lease or lend, on such terms
and conditions and for a period related to the declaration of emergency to promote
the public welfare and protect the interests of the State, any real or personal property
of the State government.
(2) To enter into a contract on behalf of the State for the lease or loan, on such terms
and conditions and for such period as the Governor deems necessary to promote the
public welfare and protect the interests of the State, of any real or personal property
of the State government, or the temporary transfer or employment of personnel thereof
to any town or city of the State. The chief executive, the chair or president of the
legislative branch, or the emergency management director of the town or city is authorized
for and in the name of the town or city to enter into the contract with the Governor
for the leasing or lending of the property and personnel, and the chief executive,
the chair or president of the legislative branch, or the emergency management director
of the town or city may equip, maintain, utilize, and operate such property except
news outlets, radio stations, places of worship and assembly, and other facilities
for the exercise of constitutional freedom, and employ necessary personnel in accordance
with the purposes for which such contract is executed.
(3) To seize, take, or condemn property for the protection of the public or at the request
of the President, or his or her authorized representatives including:
(A) All means of transportation;
(B) All stocks of fuel of whatever nature;
(C) Food, clothing, equipment, materials, medicines, and all supplies;
(D) Facilities, including buildings and plants; provided that neither this nor any other
authority in this chapter shall be deemed to authorize the eviction of a householder
and his or her family from their own home.
(4) To sell, lend, give, or distribute all or any such property among the inhabitants
of the State and to account to the State Treasurer for any funds received for such
property.
(5) To make compensation for the property seized, taken, or condemned on the following
basis:
(A) Whenever the Governor deems it advisable for the State to take property for temporary
use or to take property permanently, the Governor, at the time of the taking, shall
fix the amount of compensation to be paid for the property. In case the property is
taken for temporary use and returned to the owner in a damaged condition the Governor
shall fix the amount of compensation to be paid for the damage.
(B) Whenever the Governor deems it advisable for the State to temporarily or permanently
take title to property taken under this section, the Governor shall notify the owner
of the property of the taking in writing by registered mail or in person, and shall
file a copy of the notice with the Secretary of State.
(C) Any owner of property of which possession has been either temporarily or permanently
taken under the provisions of this chapter to whom no award has been made or who is
dissatisfied with the amount awarded by the Governor may file a petition in the Superior
Court within the county wherein the property was situated at the time of taking to
have the amount to which the owner is entitled by way of damages or compensation determined,
and either the petitioner or the State shall have the right to have the amount of
such damages or compensation fixed after hearing by three disinterested appraisers
appointed by the court, and who shall operate under substantive and administrative
procedure to be established by the Superior judges. If the owner of the property is
dissatisfied with the award of the appraisers, the owner may appeal the award to the
Superior Court and thereafter have a trial by jury to determine the amount of the
damages or compensation. The court costs of a proceeding brought under this section
by the owner of the property shall be paid by the State, and the fees and expenses
of any attorney for the owner shall also be paid by the State after allowances by
the court in which the petition is brought in an amount determined by the court. The
statute of limitations shall not apply to proceedings brought by owners of property
under this section for and during the time that any court having jurisdiction over
the proceedings is prevented from holding its usual and stated sessions due to conditions
resulting from emergencies described in this chapter.
(6) To perform and exercise other functions, powers, and duties as necessary to promote
and secure the safety and protection of the civilian population. (Amended 1959, No. 23, § 3, eff. March 6, 1959; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1985, No. 4, eff. March 9, 1985; 2005, No. 209 (Adj. Sess.), § 12; 2021, No. 20, § 117; 2023, No. 143 (Adj. Sess.), § 28, eff. July 1, 2024.)
§ 12. Repealed. 2005, No. 209 (Adj. Sess.), § 35.
§ 13. Termination of emergencies
The Governor:
(1) May terminate by declaration the emergencies provided for in sections 9 and 11 of this title; provided, however, that no emergencies shall be terminated prior to the termination
of such emergency as provided in federal law.
(2) May declare the state of emergency terminated in any area affected by an all-hazards
event.
(3) Upon receiving notice that a majority of the legislative body of a municipality affected
by a natural disaster no longer desires that the state of emergency continue within
its municipality, may declare the state of emergency terminated within that particular
municipality. Upon the termination of the state of emergency, the functions as set
forth in section 9 of this title shall cease, and the local authorities shall resume control. (Amended 2005, No. 209 (Adj. Sess.), § 13; 2023, No. 143 (Adj. Sess.), § 29, eff. July 1, 2024.)
§ 14. Repealed. 2005, No. 209 (Adj. Sess.), § 35.
§ 15. Return of property
(a) Whenever the need for the purposes of this chapter of any real or personal property
acquired under this chapter shall terminate, the Governor may dispose of such property
on such terms and conditions as he or she deems appropriate, but to the extent feasible
and practicable the Governor shall give to the former owner of any property so disposed
of an opportunity to reacquire it:
(1) at its then fair value as determined by the Governor; or
(2) if it is to be disposed of, other than at a public sale of which the Governor shall
give reasonable notice, at less than such value, at the highest price any other person
is willing to pay for the property.
(b) The Governor need not provide an opportunity to reacquire property in the case of
items that lose their identity in use or to property having a fair value of less than
$500.00. (Amended 2021, No. 20, § 118.)
§ 16. Orders and rules
The towns and cities of the State and other agencies designated or appointed by the
Governor are authorized and empowered to make, amend, and rescind orders and rules
as necessary for emergency management purposes and to supplement the carrying out
of the provisions of this chapter. Orders and rules adopted pursuant to this section
shall not be inconsistent with any orders and rules adopted by the Governor or by
any State agency exercising a power delegated to it by him or her. (Amended 1989, No. 252 (Adj. Sess.), § 14; 2021, No. 20, § 119.)
§ 17. Gift, grant, or loan
(a) Federal. Subject to the provisions of subsection (c) of this section, whenever the federal
government or any agency or officer of the federal government offers to the State,
or through the State to any town or city within Vermont, services, equipment, supplies,
materials, or funds by way of gift, grant, or loan for purposes of emergency management,
the State, acting through the Governor in coordination with the Department of Public
Safety, or such town or city acting with the consent of the Governor and through its
executive officer or legislative branch, may accept the offer, and upon such acceptance,
the Governor or the executive officer or legislative branch of the political subdivision
may authorize any officer of the State or of the political subdivision, as the case
may be, to receive the services, equipment, supplies, materials, or funds on behalf
of the State or the political subdivisions, and subject to the terms of the offer
and rules, if any, of the agency making the offer. Whenever a federal grant is contingent
upon a State or local contribution, or both, the Department of Public Safety and the
political subdivision shall determine whether the grant shall be accepted and, if
accepted, the respective shares to be contributed by the State and town or city concerned.
(b) Private. Subject to the provisions of subsection (c) of this section, whenever any person,
firm, or corporation offers to the State or to any town or city in Vermont services,
equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes
of emergency management, the State, acting through the Governor, or the political
subdivision, acting through its executive officer or legislative branch, may accept
the offer, and upon such acceptance, the Governor or executive officer or legislative
branch of the political subdivision may authorize any officer of the State or the
political subdivision, as the case may be, to receive the services, equipment, supplies,
materials, or funds on behalf of the State or the political subdivision and subject
to the terms of the offer.
(c)(1) Any services, equipment, supplies, materials, or funds by way of gift, grant, or loan
for purposes of emergency management, accepted by the Governor pursuant to subsections
(a) and (b) of this section shall be accepted in accordance with the provisions of
32 V.S.A. § 5.
(2)(A) Notwithstanding the provisions of subdivision (1) of this subsection, the Governor
shall have the sole authority to accept services, equipment, supplies, materials,
or funds by way of gift, grant, or loan for purposes of emergency management pursuant
to subsection (a) or (b) of this section, or both, if there exists a reasonable expectation
that without the acceptance the all-hazards event will imminently cause bodily harm,
loss of life, or significant property damage within the State.
(B) As soon as practicable after an acceptance pursuant to subdivision (A) of this subdivision
(2), the Department of Finance and Management shall provide the Joint Fiscal Committee
and Legislative Joint Fiscal Office a report detailing the acceptance and shall include
information with respect to the following items:
(i) the circumstances leading the Governor to reasonably expect that without the acceptance
the all-hazards event would have imminently caused bodily harm, loss of life, or significant
property damage within the State;
(ii) the source and value;
(iii) the legal and referenced title, in the case of a grant;
(iv) the costs, direct and indirect, for the present and future years;
(v) the receiving department or program, or both; and
(vi) a brief statement of purpose. (Amended 1985, No. 4, eff. March 9, 1985; 1989, No. 252 (Adj. Sess.), § 15; 2005, No. 209 (Adj. Sess.), § 14; 2021, No. 20, § 120; 2023, No. 143 (Adj. Sess.), § 30, eff. July 1, 2024.)
§ 18. Personnel requirements and nonsubversion
No person shall be employed or associated in any capacity in any emergency management
organization established under this chapter who advocates a change by force or violence
in the constitutional form of the government of the United States or in this State
or the overthrow of any government in the United States by force or violence, or who
has been convicted of or is under indictment or information charging any subversive
act against the United States. Each person who is employed by an emergency management
organization established under this chapter and whose access to facilities, materials,
or information requires a security clearance, as determined by the Commissioner, shall
be subject to a background check and a criminal history record check. (Amended 1989, No. 252 (Adj. Sess.), § 16; 2005, No. 209 (Adj. Sess.), § 15.)
§ 19. Powers outside town of appointment
Whenever the employees of any town or city are rendering outside aid pursuant to the
authority contained in this chapter, such employees shall have the same powers, duties,
rights, privileges, and immunities as if they were performing their duties in the
town or city in which they are normally employed. (Amended 2021, No. 105 (Adj. Sess.), § 371, eff. July 1, 2022.)
§ 20. Immunities and defenses
(a) Except in the case of willful misconduct or gross negligence, the State; any of its
agencies; State employees as defined in 3 V.S.A. § 1101; political subdivisions; local emergency planning committees; or an individual, partnership,
association, or corporation involved in emergency management activities shall not
be liable for the death of or any injury to persons or loss or damage to property
resulting from an emergency management service or response activity, including the
development of local emergency plans and the response to those plans. Nothing in this
section shall exclude the State, its agencies, political subdivisions, or employees
from the protections and rights provided in 12 V.S.A. chapter 189.
(b) Any individual, partnership, association, corporation, or facility that provides personnel,
training, or equipment through an agreement with the local emergency planning committee,
the State Emergency Response Commission, or local emergency response officials is
immune from civil liability to the same extent provided in subsection (a) of this
section for any act performed within the scope of the agreement. (Amended 1989, No. 252 (Adj. Sess.), § 17; 2005, No. 209 (Adj. Sess.), § 16; 2021, No. 105 (Adj. Sess.), § 372, eff. July 1, 2022.)
§ 21. Compensation for injury or death
A volunteer, as set forth in 3 V.S.A. § 1101(b)(4), shall be entitled to compensation as provided in Titles 21 and 29. (Amended 1981, No. 165 (Adj. Sess.), § 1; 1989, No. 252 (Adj. Sess.), § 18; 2005, No. 209 (Adj. Sess.), § 17.)
§ 22. Repealed. 2005, No. 209 (Adj. Sess.), § 35, eff. May. 31, 2006.
§ 23. General powers not limited by specific powers
The general powers provided for in this chapter shall not be limited by any specific
powers granted to the Governor by any of the provisions of this chapter.
§ 24. Penalties
Any person violating any provision of this chapter or any rule or order adopted pursuant
to this chapter, which rule or order shall be filed with the Secretary of State, shall,
upon conviction, be punishable by a fine not exceeding $500.00 or imprisonment not
exceeding six months, or both. (Amended 2021, No. 105 (Adj. Sess.), § 373, eff. July 1, 2022.)
§ 25. Matching funds
To the extent of any appropriation available to carry out the purposes of this chapter,
federal monies for emergency management within the State may be matched from such
an appropriation. (Added 1959, No. 23, § 5, eff. March 6, 1959; amended 1989, No. 252 (Adj. Sess.), § 20; 2005, No. 209 (Adj. Sess.), § 19; 2021, No. 20, § 121.)
§ 26. Change of venue because of an all-hazards event
In the event that the place where a civil action or a criminal prosecution is required
by law to be brought has become and remains unsafe because of an attack upon the United
States or Canada or an all-hazards event, such action or prosecution may be brought
in or, if already pending, may be transferred to the Superior Court in an unaffected
unit and there tried in the place provided by law for such court. (Added 1959, No. 23, § 7, eff. March 6, 1959; amended 1965, No. 194, § 10; 1973, No. 118, § 23, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 156; 2023, No. 143 (Adj. Sess.), § 31, eff. July 1, 2024.)
§ 27. Auxiliary State Police
For the purposes of emergency management, as the term is defined in section 2 of this title, the Commissioner of Public Safety may recruit and train for police duty citizens,
including sheriffs, deputy sheriffs, constables, and police officers, from whom he
or she may augment the State Police, in emergency functions, by employing such number
of them, for such period and at such compensation as the Governor may fix, as auxiliary
State Police, who shall take the oath prescribed for sheriffs and, while so employed,
shall each wear a distinctive arm badge marked with the words “AUXILIARY STATE POLICE”
and shall have the powers and immunities of the State Police as defined in section 1914 of this title. (Added 1959, No. 23, § 8, eff. March 6, 1959; amended 1989, No. 252 (Adj. Sess.), § 21.)
§ 28. Emergency management medical program
The Department of Health is hereby directed, within the limits of appropriations and
grants made to it, and in coordination with local, State, and federal emergency management
officials, to plan, develop, and implement a comprehensive emergency management medical
program to protect and assist the people of the State in an all-hazards event. (Added 1961, No. 151; amended 1989, No. 252 (Adj. Sess.), § 22; 2005, No. 209 (Adj. Sess.), § 20.)
§ 29. Emergency shelters; no private liability
Any person owning or controlling premises who voluntarily and without compensation
grants a license or privilege, or otherwise permits the designation or use of the
whole or any part of such land and premises for the purpose of sheltering persons
or animals or providing health-related services during a declared emergency or practice
drill in cooperation with a federal, State, or political subdivision, shall, together
with successors in interest, not be civilly liable for negligence causing the death
of or injury to any person on or about the land and premises or for loss of or damage
to the property of the person during a declared emergency or practice drill. (Added 1963, No. 67, eff. May 2, 1963; amended 2005, No. 209 (Adj. Sess.), § 21.)
§ 30. State Emergency Response Commission; creation
(a) The State Emergency Response Commission is created within the Department of Public
Safety. The Commission shall consist of 18 members: eight ex officio members, including
the Commissioner of Public Safety, the Secretary of Natural Resources, the Secretary
of Transportation, the Commissioner of Health, the Secretary of Agriculture, Food
and Markets, the Commissioner of Labor, the Director of Fire Safety, and the Director
of Emergency Management, or designees; and 10 public members, including a representative
from each of the following: local government, the local emergency planning committee,
a regional planning commission, the fire service, law enforcement, public works, emergency
medical service, a hospital, a transportation entity required under EPCRA to report
chemicals to the State Emergency Response Commission, and another entity required
to report extremely hazardous substances under EPCRA.
(b) The 10 public members shall be appointed for staggered three-year terms as described
in this subsection.
(1) Three public members, appointed by the Speaker of the House.
(2) Three public members, appointed by the Senate Committee on Committees.
(3) Four public members, appointed by the Governor.
(4) When the seat of a public member is vacated, the replacement member shall be appointed
on a rotating basis starting with the Speaker of the House, with the next appointment
to be made by the Senate Committee on Committees, and then the next appointment to
be made by the Governor, and then beginning again.
(c) The Governor shall appoint the Chair of the Commission.
(d) Members of the Commission, except State employees who are not otherwise compensated
as part of their employment and who attend meetings, shall be entitled to a per diem
and expenses as provided in 32 V.S.A. § 1010. (Added 1989, No. 252 (Adj. Sess.), § 23; amended 1993, No. 194 (Adj. Sess.), § 3, eff. June 14, 1994; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 209 (Adj. Sess.), § 22; 2007, No. 47, § 16; 2021, No. 52, § 13; 2023, No. 143 (Adj. Sess.), § 32, eff. July 1, 2024.)
§ 31. State Emergency Response Commission; duties
(a) The Commission shall have authority to:
(1) Carry out all the requirements of a commission under the Emergency Planning and Community
Right-To-Know Act, 42 U.S.C. §§ 11001-11050 (1986) (EPCRA).
(2) Adopt rules necessary for the implementation of EPCRA and for the reporting of hazardous
chemicals or substances, including setting minimum limits on the level of hazardous
chemicals to be reported.
(3) Designate and appoint local emergency planning committees.
(4) Review and comment on the development and implementation of local emergency plans
by the local emergency planning committee and provide assistance to that committee
in executing its duties.
(5) Review and comment on the comprehensive State Emergency Management Plan and the local
emergency planning committee plans.
(6) Meet with interested parties, which may include representatives of the carrier industry
shippers, and State and local agencies having an interest, responsibility, or expertise
concerning hazardous materials.
(7) Ensure that the State Emergency Management Plan will go into effect when an accident
occurs involving the transportation of hazardous materials. The Plan shall be exercised
at least once annually and shall be coordinated with local and State emergency plans.
(8) Jointly adopt rules concerning reportable quantities of economic poison as defined
in 6 V.S.A. § 911(5) with the Agency of Agriculture, Food and Markets. The Commission may enter into contracts
with governmental agencies or private organizations to carry out the duties of this
section.
(9) Recommend funding for awards to be made by the Commissioner for planning, training,
exercises, and response capabilities from funds that are available from federal sources
or through the Hazardous Substances Fund created in section 38 of this title. The Commission may create committees as necessary for other related purposes and
delegate funding recommendation powers to those committees.
(b) The Department of Public Safety shall provide administrative support to the State
Emergency Response Commission. (Added 1989, No. 252 (Adj. Sess.), § 24; amended 1993, No. 194 (Adj. Sess.), § 4, eff. June 14, 1994; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 209 (Adj. Sess.), § 23; 2021, No. 52, § 14; 2023, No. 143 (Adj. Sess.), § 8, eff. July 1, 2024.)
§ 32. Local emergency planning committees; creation; duties
(a) One or more local emergency planning committees, created under EPCRA, shall be appointed
by the State Emergency Response Commission. “EPCRA” means the federal Emergency Planning
and Community Right-To-Know Act of 1986, 42 U.S.C. §§ 11001–11050.
(b) All local emergency planning committees shall include representatives from the following:
fire departments; local and regional emergency medical services; local, county, and
State law enforcement; other entities providing first responders or emergency management
personnel; media; transportation; regional planning commissions; hospitals; industry;
the Vermont National Guard; the Department of Health’s district office; and an animal
rescue organization, and may include any other interested public or private individual
or organization. Where the local emergency planning committee represents more than
one region of the State, the Commission shall appoint representatives that are geographically
diverse.
(c) A local emergency planning committee shall perform all the following duties:
(1) Carry out all the requirements of a committee pursuant to EPCRA, including preparing
a local emergency planning committee plan. The plan shall be coordinated with the
State emergency management plan and may be expanded to address all-hazards identified
in the State emergency management plan. At a minimum, the local emergency planning
committee plan shall include the following:
(A) Identifies facilities and transportation routes of extremely hazardous substances.
(B) Describes the utilization of first responders and other emergency management personnel
and emergency response procedures, including those identified in facility plans.
(C) Designates a local emergency planning committee coordinator and facility coordinators
to implement the plan.
(D) Outlines emergency notification procedures.
(E) Describes how to determine the probable affected area and population by releases of
hazardous substances.
(F) Describes local emergency equipment and facilities and the persons responsible for
them.
(G) Outlines evacuation plans.
(H) Provides for coordinated local training to ensure integration with the State emergency
management plan.
(I) Provides methods and schedules for exercising emergency plans.
(2) Upon receipt by the committee or the committee’s designated community emergency coordinator
of a notification of a release of a hazardous chemical or substance, ensure that the
local emergency plan has been implemented.
(3) Consult and coordinate with the heads of local government emergency services, the
emergency management director or designee, persons in charge of local first responders
and other local emergency management personnel, regional planning commissions, and
the managers of all facilities within the jurisdiction regarding the facility plan.
(4) Review and evaluate requests for funding and other resources and advise the State
Emergency Response Commission concerning disbursement of funds.
(5) Work to support the various emergency services and other entities providing first
responders or emergency management personnel, mutual aid systems, town governments,
regional planning commissions, State agency district offices, and others in their
area in conducting coordinated all-hazards emergency management activities. (Added 1989, No. 252 (Adj. Sess.), § 25; amended 2005, No. 209 (Adj. Sess.), § 24; 2021, No. 20, § 122; 2021, No. 52, § 15; 2023, No. 143 (Adj. Sess.), § 9, eff. July 1, 2024.)
§ 33. HAZMAT teams; team chiefs; creation
(a) The Department of Public Safety is authorized to create a State hazardous materials
(HAZMAT) response team. The Commissioner shall appoint a HAZMAT team chief, consistent
with rules adopted by the Department of Human Resources, to carry out the duties and
responsibilities of the HAZMAT response team.
(b) The HAZMAT team chief shall perform all the following duties:
(1) organize a State HAZMAT response team to assist local emergency planning committees,
fire chiefs, and other emergency management officials in response to hazardous chemical
and substance (HAZMAT) incidents;
(2) hire persons for the HAZMAT team from fire, police, and emergency organizations and
persons with specialty backgrounds in hazardous materials, and, with the approval
of the Director of the Division of Fire Safety, appoint crew chiefs;
(3) negotiate with municipalities that maintain firefighting departments to secure appropriate
facilities and personnel to house and maintain the response team’s vehicles and equipment
and to provide drivers for the response vehicles;
(4) coordinate the acquisition and maintenance of adequate vehicles and equipment for
the response teams;
(5) ensure that response team personnel are organized, trained, and exercised in accordance
with the standards set by the Fire Service Training Council and the State Emergency
Response Commission; and
(6) ensure that appropriate regional mutual aid agreements are created so that all firefighting
departments within the region may participate with the regional HAZMAT response team.
(c) The State shall reimburse a municipality for the actual costs expended to cover the
duties of a municipality’s employee who is an employee of the State HAZMAT team and
who is requested to leave his or her employment at the municipality to respond to
a HAZMAT incident or attend HAZMAT team training.
(d) The Department of Public Safety may employ as many State HAZMAT team responders as
the Commissioner deems necessary as temporary State employees, who shall be compensated
as such when authorized to respond to a HAZMAT incident or to attend HAZMAT training.
State HAZMAT team responders, whenever acting as State agents in accordance with this
section, shall be afforded all of the protections and immunities of State employees.
(e) The team chief and the crew chiefs, referred to in subdivision (b)(2) of this section,
shall have the authority to accept the transfer of control of a hazardous material
incident from the chief engineer or senior fire officer at a scene. (Added 1993, No. 194 (Adj. Sess.), § 5, eff. June 14, 1994; amended 1995, No. 115 (Adj. Sess.), §§ 2-4, eff. April 23, 1996; 1999, No. 148 (Adj. Sess.), § 78, eff. May 24, 2000; 2005, No. 209 (Adj. Sess.), § 25; 2021, No. 105 (Adj. Sess.), § 374, eff. July 1, 2022.)
§ 34. Temporary housing for disaster victims
(a) Whenever the Governor declares an emergency under the laws of this State, or the President
has declared an emergency or an all-hazards event to exist in this State, the Governor
is authorized:
(1) To enter into purchase, lease, or other arrangements with any agency of the United
States for temporary housing units to be occupied by disaster victims and to make
such units available to any political subdivision of the State.
(2) To assist any political subdivision of this State that is the locus of temporary housing
for disaster victims to acquire sites necessary for the temporary housing and to prepare
the site to receive and utilize temporary housing units by:
(A) advancing or lending funds available to the Governor from any appropriation made by
the General Assembly or from any other source;
(B) “passing through” funds made available by any agency, public or private; or
(C) becoming a co-partner with the political subdivision for the execution and performance
of any temporary housing for disaster victims project and for such purposes to pledge
the credit of the State on such terms as the Governor deems appropriate having due
regard for current debt transactions of the State.
(b) During a declared state of emergency, the Governor may, by order or rule, temporarily
suspend or modify for not more than 60 days any law or rule pertaining to public health,
safety, zoning, or transportation if, the Governor deems the suspension or modification
essential to provide temporary housing for disaster victims.
(c) Any political subdivision of this State is expressly authorized to acquire, temporarily
or permanently, by purchase, lease, or otherwise, sites required for installation
of temporary housing units for disaster victims, and to enter into whatever arrangements
are necessary to prepare or equip such sites to utilize the housing units, including
the purchase of temporary housing units and payment of transportation charges.
(d) [Repealed.]
(e) Nothing in this chapter shall be construed to limit the Governor’s authority to apply
for, administer, and expend any grants, gifts, or payments in aid of disaster prevention,
preparedness, response, or recovery.
(f) [Repealed.] (Added 1975, No. 97, § 1, eff. April 30, 1975; amended 2021, No. 20, § 123; 2023, No. 143 (Adj. Sess.), § 33, eff. July 1, 2024.)
§ 35. Community disaster loans
Whenever, at the request of the Governor, the President has declared a “major disaster”
to exist in this State, the Governor is authorized:
(1) upon the Governor’s determination that a local government of the State will suffer
a substantial loss of tax and other revenues from a major disaster and has demonstrated
a need for financial assistance to perform its governmental functions, to apply to
the federal government, on behalf of the local government, for a loan and to receive
and disburse the proceeds of any approved loan to any applicant local government;
(2) to determine the amount needed by any applicant local government to restore or resume
its governmental functions and to certify the same to the federal government; provided,
however, that no application amount shall exceed 25 percent of the annual operating
budget of the applicant for the fiscal year in which the major disaster occurs; and
(3) to recommend to the federal government, based upon the Governor’s review, the cancellation
of all or any part of repayment when, in the first three full fiscal year period following
the major disaster, the revenues of the local government are insufficient to meet
its operating expenses, including additional disaster-related expenses of a municipal
operation character. (Added 1975, No. 97, § 2, eff. April 30, 1975; amended 2021, No. 105 (Adj. Sess.), § 375, eff. July 1, 2022.)
§ 36. Debris and wreckage removal
(a) Whenever the Governor has declared a disaster emergency to exist under the laws of
this State, or the President, at the request of the Governor, has declared a major
disaster or emergency to exist in this State, the Governor is authorized:
(1) Notwithstanding any other provision of law, through the use of State departments or
agencies, or the use of any of the State’s instrumentalities, to clear or remove from
publicly or privately owned land or water, debris and wreckage that may threaten public
health or safety, or public or private property, in any disaster emergency declared
by the Governor or major disaster declared by the President.
(2) To accept funds from the federal government and utilize the funds to make grants to
any local government for the purpose of removing debris or wreckage from publicly
or privately owned land or water.
(b) Authority under this chapter shall not be exercised unless the affected local government,
corporation, organization, or individual shall first present an unconditional authorization
for removal of the debris or wreckage from public and private property and, in the
case of removal of debris or wreckage from private property, shall first agree to
indemnify the State government against any claim arising from such removal.
(c) Whenever the Governor provides for clearance of debris or wreckage pursuant to subsections
(a) or (b) of this section, employees of the designated State agencies or individuals
appointed by the State are authorized to enter upon private land or waters and perform
any tasks necessary to the removal or clearance operation.
(d) Except in cases of willful misconduct, gross negligence, or bad faith, any State employee
or agent complying with orders of the Governor and performing duties pursuant to the
Governor’s orders under this chapter shall not be liable for death of or injury to
persons or damage to property.
(e) The Governor is authorized to adopt rules to carry out the purposes of this chapter. (Added 1975, No. 97, § 3, eff. April 30, 1975; amended 2021, No. 20, § 124.)
§ 37. State financial participation in grants to disaster victims
(a) Whenever the President, at the request of the Governor, has declared a major disaster
to exist in this State, the Governor is authorized:
(1) Upon his or her determination that financial assistance is essential to meet disaster-related
necessary expenses or serious needs of individuals or families adversely affected
by a major disaster that cannot be otherwise adequately met from other means of assistance,
to accept a grant by the federal government to fund such financial assistance, subject
to such terms and conditions as may be imposed upon the grant.
(2) To enter into an agreement with the federal government, or any officer or agency of
the federal government, under which the State is to participate in the funding of
the financial assistance authorized in subdivision (1) of this subsection, in an amount
not to exceed 25 percent of the amount of financial assistance and, if State funds
are not otherwise available to the Governor, to accept an advance of the State share
from the federal government to be repaid when the State is able to do so.
(b) Notwithstanding any other provision of law or regulation, the Governor is authorized
to make financial grants to meet disaster-related necessary expenses or serious needs
of individuals or families adversely affected by a major disaster that cannot otherwise
adequately be met from other means of assistance, which shall not exceed $5,000.00
in the aggregate to an individual or family in any single major disaster declared
by the President.
(c) The Governor shall adopt rules as necessary to carry out the purposes of this chapter,
including standards of eligibility for persons applying for benefits; procedures for
applying and administration; methods of investigation, filing, and approving applications;
and formation of local or statewide boards to pass upon applications and procedures
for appeals.
(d) Any person who fraudulently or willfully makes a misstatement of fact in connection
with an application for financial assistance under this title shall, upon conviction
of each offense, be subject to a fine of not more than $5,000.00 or imprisonment for
not more than one year, or both. (Added 1975, No. 97, § 4, eff. April 30, 1975; amended 2021, No. 20, § 125.)
§ 38. Special funds
There is created a Hazardous Chemical and Substance Emergency Response Fund that shall
include all monies paid to the State pursuant to section 39 of this title. The Fund shall be managed pursuant to the provisions of 32 V.S.A. chapter 7, subchapter 5. The Fund shall be used to implement and administer this chapter, including
planning, training, and response activities as well as the purchase of equipment and
assisting local organizations referred to in section 6 of this chapter to develop
emergency plans. Each local emergency planning committee shall receive an annual grant
from the Commissioner of Public Safety. The annual total grant amount to be allocated
to local emergency planning committees statewide shall not exceed $52,000.00, and
the Commissioner shall divide the total annual grant amount equally among the local
emergency planning committees. After disbursement of the funding and after consideration
of the comments and evaluation received from the local emergency planning committee
and the State Emergency Response Commission, the Commissioner of Public Safety at
the Commissioner’s discretion may make additional grants from the Fund to any local
emergency planning committee or regional emergency response commission as well as
to any political subdivisions including any city, town, fire district, incorporated
village and other incorporated entities in the State in accordance with rules adopted
by the State Emergency Response Commission. Unless waived by the State Emergency Response
Commission, grants shall be matched by local governments in the amount of 25 percent
of the grant. The matching may be by contribution or by privately furnished funds
or by in-kind services, space, or equipment that would otherwise be purchased by a
local emergency planning committee. (Added 1989, No. 252 (Adj. Sess.), § 26; amended 1993, No. 194 (Adj. Sess.), § 6, eff. June 14, 1994; 1995, No. 178 (Adj. Sess.), § 425, eff. May 22, 1996; 1997, No. 59, § 5, eff. June 30, 1997; 1999, No. 49, § 206; 2001, No. 142 (Adj. Sess.), § 114; 2003, No. 66, §§ 97a, 97b; 2005, No. 209 (Adj. Sess.), § 26; 2005, No. 215 (Adj. Sess.), § 68b; 2007, No. 65, § 71a; 2007, No. 192 (Adj. Sess.), § 5.904; 2009, No. 33, § 41; 2021, No. 20, § 126; 2021, No. 52, § 16.)
§ 39. Fees to the hazardous substances fund
(a) Every person required to report the use or storage of hazardous chemicals or substances
pursuant to EPCRA shall pay the following annual fees for each hazardous chemical
or substance, as defined by the State Emergency Response Commission, that is present
at the facility:
(1) $40.00 for quantities between 100 and 999 pounds.
(2) $60.00 for quantities between 1,000 and 9,999 pounds.
(3) $100.00 for quantities between 10,000 and 99,999 pounds.
(4) $290.00 for quantities between 100,000 and 999,999 pounds.
(5) $880.00 for quantities exceeding 999,999 pounds.
(6) An additional fee of $250.00 will be assessed for each extremely hazardous chemical
or substance as defined in 42 U.S.C. § 11002.
(b) The fee shall be paid to the Commissioner of Public Safety and shall be deposited
into the Hazardous Chemical and Substance Emergency Response Fund.
(c) The following are exempted from paying the fees required by this section but shall
comply with the reporting requirements of this chapter:
(1) municipalities and other political subdivisions;
(2) State agencies;
(3) persons engaged in farming as defined in 10 V.S.A. § 6001; and
(4) nonprofit corporations.
(d) No person shall be required to pay a fee for a chemical or substance that has been
determined to be an economic poison as defined in 6 V.S.A. § 911 or for a fertilizer or agricultural lime as defined in 6 V.S.A. § 363 and for which a registration or tonnage fee has been paid to the Agency of Agriculture,
Food and Markets pursuant to 6 V.S.A. chapter 28 or 81.
(e) The State or any political subdivision, including any municipality, fire district,
emergency medical service, or incorporated village, is authorized to recover any and
all reasonable direct expenses incurred as a result of the response to and recovery
of a hazardous chemical or substance incident from the person or persons responsible
for the incident. All funds collected by the State under this subsection shall be
deposited into the Hazardous Chemical and Substance Emergency Response Fund created
pursuant to subsection 38(b) of this chapter. The Attorney General shall act on behalf
of the State to recover these expenses. The State or political subdivision shall be
awarded costs and reasonable attorney’s fees that are incurred as a result of exercising
the provisions of this subsection.
(f)(1) The Department of Public Safety shall have authority to inspect the premises and records
of any employer to ensure compliance with the provisions of this chapter and the rules
adopted under this chapter.
(2) A person who violates any provision of this chapter or any rule adopted under this
chapter shall be fined not more than $1,000.00 for each violation. Each day a violation
continues shall be deemed to be a separate violation.
(3) The Attorney General may bring an action for injunctive relief in the Superior Court
of the county in which a violation occurs to compel compliance with the provisions
of this chapter. (Added 1989, No. 252 (Adj. Sess.), § 27; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1990; 1993, No. 194 (Adj. Sess.), §§ 7, 8, eff. June 14, 1994; 1999, No. 49, § 158; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 163 (Adj. Sess.), § 27; 2005, No. 72, § 14; 2005, No. 209 (Adj. Sess.), § 27; 2007, No. 153 (Adj. Sess.), § 1; 2015, No. 149 (Adj. Sess.), § 36; 2021, No. 105 (Adj. Sess.), § 376, eff. July 1, 2022; 2023, No. 143 (Adj. Sess.), § 34, eff. July 1, 2024.)
§ 40. Repealed. 2023, No. 143 (Adj. Sess.), § 35, eff. July 1, 2024.
(Added 1993, No. 194 (Adj. Sess.), § 9, eff. June 14, 1994.)
§ 41. State Emergency Management Plan
The Division of Emergency Management, in consultation with stakeholders, shall create,
and republish as needed, but not less than every five years, a comprehensive State
Emergency Management Plan. The Plan shall:
(1) detail response systems during all-hazards events, including communications; coordination
among State, local, private, and volunteer entities; and the deployment of State and
federal resources;
(2) detail the State’s emergency preparedness measures and goals, including those for
the prevention of, protection against, mitigation of, and recovery from all-hazards
events; and
(3) include templates and guidance for regional emergency management and for local emergency
plans that support municipalities in their respective emergency management planning. (Added 2023, No. 143 (Adj. Sess.), § 10, eff. July 1, 2024; amended 2025, No. 57, § 2, eff. July 1, 2025.)
§§ 42-44. Repealed. 1989, No. 252 (Adj. Sess.), § 28(b).
§ 45. Emergency relief and assistance
(a) If a state of emergency due to an all-hazards event is declared by the Governor, the
Secretary of Administration may expend from the Emergency Relief and Assistance Fund
such funds necessary to meet match requirements for federal grants.
(b) The Emergency Board established by 32 V.S.A. § 131 may authorize the Secretary of Administration to expend from the Emergency Relief
and Assistance Fund an amount not to exceed $1,000,000.00 to avert an emergency natural
or otherwise as identified by the Board and to expend from the Emergency Relief and
Assistance Fund to award low-interest loans and grants to municipalities that sustain
damage to public infrastructure as a result of a natural disaster and to persons whose
homes, farms, or businesses are damaged by a natural disaster. Assistance under this
subsection may supplement assistance provided through federal and local emergency
assistance programs, but eligibility for federal or local assistance shall not be
required for eligibility under this subsection.
(c) There is created an Emergency Relief and Assistance Fund to be administered by the
Secretary of Administration as a special fund under the provisions of 32 V.S.A. chapter
7, subchapter 5. The Fund shall contain any amounts transferred or appropriated to
it by the General Assembly.
(d) Funds utilized under this section shall be distributed in accordance with criteria
and procedures established by rule by the Secretary of Administration.
(e) [Repealed.] (Added 1999, No. 62, § 272a; amended 1999, No. 152 (Adj. Sess.), § 278, eff. May 29, 2000; 2005, No. 209 (Adj. Sess.), § 28; 2005, No. 215 (Adj. Sess.), § 282; 2009, No. 33, § 83(i)(1).)
§ 46. Disaster Relief Workers Fund; health care providers; reimbursement
(a) The Disaster Relief Workers Fund is established in the State Treasury, and shall be
managed in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5. The
Fund is established for the purpose of providing pay reimbursement to employers of
certain public or private health care providers who perform mental health disaster
relief services.
(b) All monies received by or generated to the Fund shall be used to provide wage reimbursement
to any public or private Vermont employer for disaster relief services rendered by
its employee. The employee shall be a certified disaster relief service volunteer
of the American Red Cross. Reimbursement shall be for not more than 14 days for performing
disaster relief work pursuant to a request from the American Red Cross when:
(1) the work is performed in Vermont;
(2) the disaster is a federal or presidentially declared disaster designated as Level
III or above, according to the American Red Cross rules and procedures; or
(3) the disaster is declared by the governor of a state or territory.
(c) The proceeds from grants, donations, contributions, and other sources of revenue,
as provided by law, may be deposited in the Fund. Interest earned on the Fund and
any balance remaining at the end of the fiscal year shall remain in the Fund. The
Treasurer’s Office shall maintain records that indicate the amount of money in the
Fund at any given time.
(d) The Commissioner of Finance and Management shall issue warrants for disbursement from
the Fund only for the purposes described in subsection (b) of this section, and shall
administer the Fund pursuant to an appropriation from the Fund by the General Assembly
or authorization from the Emergency Board.
(e) For mental health care relief services, the Commissioner of Mental Health or a director
of a regional mental health center may make timely applications to any and all appropriate
federal or other grant programs that provide money for disaster relief or homeland
security services, including the Crisis Counseling Training and Assistance Program.
Any monies awarded from these sources for the purposes authorized in subsection (b)
of this section shall be deposited into the Disaster Relief Workers Fund. The Commissioner
of Mental Health shall supervise the administration of mental health care reimbursements
under this section.
(f) Nothing in this section shall render an employer liable for damage, injury, or harm
caused or sustained by an employee who performs disaster relief services and who is
eligible for reimbursement under this section, whether or not reimbursement occurs. (Added 2001, No. 100 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 120; 2021, No. 20, § 127.)
§ 47. Municipal deadlines, plans, and licenses; extension
(a) During a state of emergency declared under this chapter, a municipal corporation may:
(1) extend any statutory deadline applicable to municipal corporations, provided that
the deadline does not relate to a license, permit, program, or plan issued or administered
by the State or federal government; and
(2) extend or waive deadlines applicable to licenses, permits, programs, or plans that
are issued by the municipal corporation.
(b) During a state of emergency declared under this chapter, any expiring license, permit,
program, or plan issued by a municipal corporation that is due for renewal or review
shall remain valid for 90 days after the date that the declared state of emergency
ends. (Added 2021, No. 157 (Adj. Sess.), § 12, eff. July 1, 2022.)
§ 48. Community Resilience and Disaster Mitigation Grant Program
(a) Program established. There is established the Community Resilience and Disaster Mitigation Grant Program
to award grants to covered municipalities to provide support for disaster mitigation,
adaptation, or repair activities.
(b) Definition. As used in this section, “covered municipality” means a city, town, fire district
or incorporated village, and all other governmental incorporated units that participate
in the National Flood Insurance Program in accordance with 42 U.S.C. Chapter 50.
(c) Administration; implementation.
(1) Grant awards. The Department of Public Safety, in coordination with the Department of Environmental
Conservation, shall administer the Program, which shall award grants for the following:
(A) technical assistance for natural disaster mitigation, adaptation, or repair to municipalities;
(B) technical assistance for the improvement of municipal stormwater systems and other
municipal infrastructure;
(C) projects that implement disaster mitigation measures, adaptation, or repair, including
watershed restoration, voluntary buyouts for flood-impacted or -prone properties,
and similar activities that directly reduce risks to communities, lives, public collections
of historic value, and property; and
(D) projects to adopt and meet the State’s model flood hazard bylaws.
(2) Grant Program design. The Department of Public Safety, in coordination with the Department of Environmental
Conservation, shall design the Program. The Program design shall:
(A) establish an equitable system for distributing grants statewide on the basis of need
according to a system of priorities, including the following:
(i) projects that meet the standards established by the Department of Environmental Conservation’s
Stream Alteration Rule and Flood Hazard Area and River Corridor Rule;
(ii) projects that use funding as a match for other grants, including grants from the Federal
Emergency Management Agency (FEMA);
(iii) projects that are in hazard mitigation plans; and
(iv) projects that are geographically located around the State;
(B) establish guidelines for disaster mitigation measures and costs that will be eligible
for grant funding; and
(C) establish eligibility criteria for covered municipalities, but allow municipalities
to partner with community organizations to apply for grants and implement projects
awarded funding by those grants.
(3) Annually, by November 15, the Department of Public Safety shall submit a report detailing
the current Program design and any grants awarded pursuant to this section during
the preceding year to the House Committee on Government Operations and Military Affairs
and the Senate Committee on Government Operations. (Added 2023, No. 143 (Adj. Sess.), § 1, eff. July 1, 2024; amended 2025, No. 57, § 3, eff. July 1, 2025.)
§ 49. Community Resilience and Disaster Mitigation Fund
(a) Creation. There is established the Community Resilience and Disaster Mitigation Fund to provide
funding to the Community Resilience and Disaster Mitigation Grant Program established
in section 48 of this title. The Fund shall be administered by the Department of Public Safety.
(b) Monies in the Fund. The Fund shall consist of monies appropriated or transferred to the Fund.
(c) Fund administration.
(1) The Commissioner of Finance and Management may anticipate receipts to this Fund and
issue warrants based thereon.
(2) The Commissioner of Public Safety shall maintain accurate and complete records of
all receipts by and expenditures from the Fund.
(3) All balances remaining at the end of a fiscal year shall be carried over to the following
year.
(d) Reports. On or before January 15 each year, the Commissioner of Public Safety shall submit
a report to the House Committees on Environment and on Government Operations and Military
Affairs and the Senate Committees on Government Operations and on Natural Resources
and Energy with an update on the expenditures from the Fund. (Added 2023, No. 143 (Adj. Sess.), § 2, eff. July 1, 2024.)
§ 50. Urban Search and Rescue Team
(a) The Department of Public Safety is authorized to create the Urban Search and Rescue
(USAR) Team to provide for the rapid response of trained professionals to emergencies
and other hazards occurring in the State. The Commissioner shall appoint a USAR Team
program manager to carry out the duties and responsibilities of the USAR Team.
(b) The USAR Team program manager shall perform all the following duties:
(1) organize the State USAR Team to assist local first responders in response to emergencies
and other hazards;
(2) hire persons for the USAR Team from fire, police, and emergency medical services and
persons with specialty backgrounds in emergency response or search and rescue;
(3) coordinate the acquisition and maintenance of adequate vehicles and equipment for
the USAR Team;
(4) ensure that USAR Team personnel are organized, trained, and exercised in accordance
with the appropriate search and rescue standards or certifications;
(5) negotiate and enter into agreements with municipalities, municipal agencies that maintain
swiftwater rescue teams, State-recognized swiftwater rescue teams, or other technical
rescue teams to provide expert assistance and services to the USAR Team when necessary;
and
(6) coordinate USAR Team participation in search and rescue operations under chapter 112
of this title.
(c) The Department of Public Safety may employ as many USAR Team responders as the Commissioner
deems necessary as temporary State employees, who shall be compensated as such when
authorized to respond to an emergency or hazard incident or to attend USAR Team training.
State USAR Team responders, whenever acting as State agents in accordance with this
section, shall be afforded all of the protections and immunities of State employees. (Added 2023, No. 143 (Adj. Sess.), § 16, eff. July 1, 2024.)
§ 51. Division of Emergency Management; all-hazard and weather alert systems for municipal
corporations
Upon request of a municipal corporation, the Division of Emergency Management shall
assist the municipal corporation with access to the following:
(1) a statewide river observation and modeling system that details current river level
observations and models river flood outlooks; and
(2) a statewide enhanced weather forecasting and alert system that:
(A) predicts local and regional conditions using advanced modeling; and
(B) issues real-time warnings for potentially dangerous weather through multiple communication
channels. (Added 2025, No. 57, § 4, eff. July 1, 2025.)