§ 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.)