Maryland Emergency Management Act

Maryland Emergency Management Act
Title	Maryland Emergency Management Act
Enacted by	Maryland General Assembly
Effective date	19XX
Status	Active

Maryland Emergency Management Act

The Maryland Emergency Management Act is state legislation that codifies emergency management authority, planning, and response mechanisms within the State of Maryland. It establishes the legal framework for coordination among state agencies such as the Maryland Department of Transportation, Maryland Department of Health, and the Maryland National Guard, and for interaction with federal entities including the Federal Emergency Management Agency, the United States Department of Homeland Security, and the Federal Bureau of Investigation. The Act interfaces with municipal authorities like the Baltimore City Government, county executives, and regional partners such as the Metropolitan Washington Council of Governments.

Background and legislative history

The Act evolved from earlier statutory schemes influenced by incidents including Hurricane Agnes, Hurricane Irene (2011), and responses to the September 11 attacks which catalyzed state legislative reforms. Debates in the Maryland House of Delegates and the Maryland Senate involved stakeholders such as the Maryland Emergency Management Agency leadership, labor organizations including the American Federation of State, County and Municipal Employees, and local officials from jurisdictions like Montgomery County, Maryland and Prince George's County, Maryland. Amendments were informed by federal guidance from the Robert T. Stafford Disaster Relief and Emergency Assistance Act, commissions such as the 9/11 Commission, and after-action reports from incidents including the 2015 Baltimore protests and the Annapolis newsroom shooting.

Scope and purpose

The Act defines authority for incident direction involving hazards such as flooding in Maryland, Nor'easter, pandemic influenza, and technological events like disruptions at the Port of Baltimore and cyber incidents investigated by the United States Cybersecurity and Infrastructure Security Agency. It aims to coordinate resources among the Maryland Department of Natural Resources, Maryland Department of the Environment, Maryland State Police, county emergency management offices, tribal entities, and nongovernmental partners including the American Red Cross and the Salvation Army for mass care, sheltering, and public health protection.

Definitions and powers granted

Key statutory definitions reference roles such as emergency, disaster declaration, emergency powers, and incident command aligning with concepts used by the National Incident Management System and Incident Command System. The Act grants the governor authority to issue state of emergency declarations, to activate the National Guard under state active duty, and to request federal assistance from the Federal Emergency Management Agency. It authorizes use of assets from entities such as the Maryland Transportation Authority and assigns coordination responsibilities to the Maryland Emergency Management Agency director, with interagency coordination including the Maryland Department of Commerce for economic recovery and the Small Business Administration for disaster loans.

Organizational structure and administration

Administration of the Act is vested in an agency led by a director appointed by the Governor of Maryland and confirmed through processes involving the Maryland Senate. The organizational chart commonly includes divisions analogous to the National Response Framework core capabilities: operations, planning, logistics, finance, and public information, coordinating with entities such as the Maryland Emergency Management Agency, state health departments, county emergency managers in Baltimore County, Howard County, Maryland, and regional fusion centers like the Maryland Coordination and Analysis Center. The Act prescribes roles for municipal mayors, county executives, and interjurisdictional bodies like the Chesapeake Bay Program for environmental hazard mitigation.

Emergency planning and response provisions

The Act requires state and local jurisdictions to prepare and maintain emergency operations plans consistent with federal frameworks like the National Incident Management System and the National Response Framework. It mandates exercises and training often conducted with partners such as the Centers for Disease Control and Prevention, the United States Coast Guard for maritime incidents, and Amtrak for rail incidents. Provisions cover evacuation authorities for corridors including the Interstate 95 in Maryland, mass care coordination with nongovernmental organizations such as Maryland Food Bank, and continuity of operations planning for critical infrastructure operators like Baltimore Gas and Electric.

Funding and grants

The Act establishes mechanisms for state disaster relief funds, matching requirements for Federal Emergency Management Agency grants, and grant administration through entities like the Maryland Department of Housing and Community Development. It authorizes distribution of federal and state funding to local governments, nonprofit organizations including United Way of Central Maryland, and critical infrastructure projects that align with programs from the Department of Homeland Security and the United States Department of Transportation. The statute interacts with grant instruments such as the Homeland Security Grant Program and the Hazard Mitigation Grant Program to finance mitigation, preparedness, and recovery projects.

Liability protections and penalties

Provisions in the Act afford liability protections for state and local officials, emergency responders from organizations such as the Maryland Fire and Rescue Institute, volunteers affiliated with the AmeriCorps and Medical Reserve Corps, and contract personnel performing duties under declared emergencies, while setting exceptions for willful misconduct. The Act establishes enforcement mechanisms and penalties administered through state courts including the Maryland Court of Appeals for violations such as false emergency declarations or obstruction of emergency operations, and it interfaces with professional licensure boards including the Maryland Board of Physicians during scope-of-practice waivers.

Category:Maryland statutes