Page 1 of 4
39A.050 Responsibility of division for coordinating disaster and emergency
services -- Powers, authorities, and duties.
(1) The Division of Emergency Management shall coordinate for the Governor all
matters pertaining to the comprehensive emergency management program and <br>disaster and emergency response of the Commonwealth. The division shall be the <br>executive branch agency of state government having primary jurisdiction, <br>responsibility, and authority for the planning and execution of disaster and <br>emergency assessment, mitigation, preparedness, response, and recovery for the <br>Commonwealth; the coordination of all disaster and emergency response by and <br>between all state agencies, all agencies of city, county, and urban-county or charter <br>county government, all local entities, and all political subdivisions of the <br>Commonwealth for an emergency, declared emergency, disaster, or catastrophe as <br>contemplated in KRS 39A.010, 39A.020, or 39A.030; the coordination of, and <br>liaison with, related or concerned federal government agencies, elected officials of <br>other states, private organizations or private sector companies dealing with disaster <br>and emergency response; the coordination of all recovery operations and mitigation <br>initiatives subsequent to disasters or emergencies; and the coordination of all public <br>information activities regarding state government disaster and emergency response <br>operations.
(2) The Division of Emergency Management shall have and exercise the following
powers, authorities, and duties: <br>(a) To develop, administer, and maintain a statewide comprehensive emergency
management program for the Commonwealth, and through it an integrated <br>emergency management system for the disaster and emergency response of the <br>Commonwealth, which shall be coordinated with the emergency management <br>programs, and other related public safety, emergency response, mitigation, or <br>disaster recovery programs, of all appropriate federal government agencies <br>including the Federal Emergency Management Agency, the federal <br>Department of Homeland Security, the State Department, the Federal Aviation <br>Administration, the Centers for Disease Control and Prevention, the <br>Department of Transportation, the Environmental Protection Agency, the <br>Occupational Safety and Health Administration, the Department of Defense, <br>the National Oceanic and Atmospheric Administration, the Department of <br>Justice, the Bureau of Alcohol, Tobacco, and Firearms, the National <br>Transportation Safety Board, the Chemical Safety and Hazard Investigation <br>Board, the Army Corps of Engineers, the National Security Council, the <br>Department of Health and Human Services, the Federal Railroad <br>Administration, the United States Geological Survey, the Department of <br>Energy, the Nuclear Regulatory Commission, the Department of Agriculture, <br>the Department of Housing and Urban Development, the American Red <br>Cross, the other states, and other appropriate public or private agencies, to the <br>fullest appropriate extent;
(b) To coordinate the development, implementation, and maintenance of
comprehensive emergency management programs by local emergency
Page 2 of 4
management agencies in the cities, counties, and urban-county or charter <br>county governments of the Commonwealth to ensure that all such programs, <br>agencies, and organizations are organized, administered, and operated as <br>functional components of the integrated emergency management system of the <br>Commonwealth;
(c) To develop and maintain a comprehensive, risk-based, all-hazards disaster and
emergency response plan entitled "Kentucky Emergency Operations Plan," the <br>provisions of which shall establish the organizational structure to be utilized <br>by state government for managing disaster and emergency response, and set <br>forth the policies, procedures, and guidelines for the coordination and <br>execution of all disaster and emergency response for an emergency, declared <br>emergency, disaster, or catastrophe in the Commonwealth. The Kentucky <br>Emergency Operations Plan shall be submitted to the Governor for approval <br>when the Governor assumes office following each gubernatorial election, or at <br>other times as the director deems appropriate. The Governor shall provide <br>written approval of the Kentucky Emergency Operations Plan through <br>issuance of an executive order, and the division shall file a copy of the <br>executive order with the Legislative Research Commission. The Kentucky <br>Emergency Operations Plan shall be the primary strategic disaster and <br>emergency response planning component of the integrated emergency <br>management system of the Commonwealth, and shall be utilized and followed <br>by all state agencies, all local government agencies, all local public agencies <br>or entities, and all other political subdivisions of the Commonwealth which <br>may be involved in disaster and emergency response in the Commonwealth. <br>The Kentucky Emergency Operations Plan shall be updated by the division <br>not less than annually;
(d) To maintain and operate the State Emergency Operations Center facility,
which shall be the official and primary state government twenty-four (24) <br>hour warning point, communications, and command center, from which the <br>Governor, cabinet secretaries, department heads, and other state agency <br>officials can, at any time, rapidly, adequately, and effectively manage the <br>disaster and emergency response of the Commonwealth. The State Emergency <br>Operations Center facility shall be the primary state direction and control <br>component of the integrated emergency management system of the <br>Commonwealth for the coordination of all disaster and emergency response in <br>the Commonwealth;
(e) To develop, monitor, and operate, on a twenty-four (24) hour per day basis,
the appropriate alerting or warning systems, public safety telecommunications <br>systems, or radio networks; any state trunked, fiber, or interactive <br>communication systems; computer, fax, other telecommunications or <br>information networks; and systems needed for communication and <br>coordination with all necessary or appropriate federal, state, or local public <br>safety, law enforcement, emergency management, or other disaster and <br>emergency response agencies, and state or local dispatch centers in the <br>Commonwealth, and other appropriate interests, and through these agencies
Page 3 of 4
and systems to receive or disseminate emergency information, or to receive <br>timely notification of, and continual assessment of, all threatened or actual <br>emergency incidents or disaster situations occurring anywhere in or near the <br>Commonwealth;
(f) To immediately notify the Governor, the adjutant general, and the executive
director of the Kentucky Office of Homeland Security, or his or her designee, <br>in the event of any major emergency incidents or disaster occurrences, or the <br>threatened or impending occurrence of any of these events, and to keep the <br>Governor, the adjutant general, and the executive director of the Kentucky <br>Office of Homeland Security, or his or her designee, informed of all actions <br>being taken in response to these events;
(g) To respond to the scenes of emergencies or disasters, or their threatened or
impending occurrence and to directly and immediately investigate, analyze, <br>and assess the nature and seriousness of these situations; to convene meetings, <br>gather information, conduct briefings, and evaluate ongoing emergency <br>response activities; take actions to execute the appropriate provisions of the <br>Kentucky Emergency Operations Plan; coordinate the establishment and <br>operation of a state incident management system; establish or manage sub-<br>state or area emergency operations centers, or on-scene command posts; and <br>fully expedite and coordinate the disaster and emergency response of the <br>Commonwealth;
(h) To establish and operate area field offices of the division, each office to be
headed by an area manager, responsible for administering the policies, plans, <br>programs, and duties of the division in specific geographic areas of the <br>Commonwealth, including the coordination of comprehensive emergency <br>management programs developed by the cities, counties, urban-county, or <br>charter county governments in the areas;
(i) To provide funds to the cities, counties, and urban-county or charter county
governments of the Commonwealth to support the development, <br>administration, operation, and maintenance of local emergency management <br>agencies created pursuant to KRS Chapters 39A to 39F;
(j) To require the regular submission of program administration data, records,
materials, reports, or documents from local emergency management agencies <br>as may be necessary and sufficient to conduct performance reviews and <br>assessments to ensure compliance with all state or federal funding and <br>program requirements, and to ensure local program compatibility and <br>consistency with the mission, goals, and objectives of the comprehensive <br>emergency management program and integrated emergency management <br>system of the Commonwealth;
(k) To ascertain the requirements of the Commonwealth and its cities and
counties for emergency resources and the necessities of life in the event of <br>disaster or emergency; institute an emergency resource management plan and <br>procure emergency supplies, materials, and equipment; and use or employ in <br>time of emergency any of the property, services, and resources of state or local
Page 4 of 4
government in the Commonwealth for the purposes set forth in KRS Chapters <br>39A to 39F;
(l) To institute public information and education programs, emergency
management training programs, and exercise programs to test and evaluate <br>emergency operations plans and disaster and emergency response and <br>recovery capabilities; and
(m) To promulgate administrative regulations to carry out the provisions of KRS
Chapters 39A to 39F.
Effective: July 12, 2006 <br>History: Amended 2006 Ky. Acts ch. 193, sec. 5, effective July 12, 2006. -- Amended
2002 Ky. Acts ch. 82, sec. 3, effective March 28, 2002. -- Created 1998 Ky. Acts <br>ch. 226, sec. 5, effective July 15, 1998.
Page 1 of 4
39A.050 Responsibility of division for coordinating disaster and emergency
services -- Powers, authorities, and duties.
(1) The Division of Emergency Management shall coordinate for the Governor all
matters pertaining to the comprehensive emergency management program and <br>disaster and emergency response of the Commonwealth. The division shall be the <br>executive branch agency of state government having primary jurisdiction, <br>responsibility, and authority for the planning and execution of disaster and <br>emergency assessment, mitigation, preparedness, response, and recovery for the <br>Commonwealth; the coordination of all disaster and emergency response by and <br>between all state agencies, all agencies of city, county, and urban-county or charter <br>county government, all local entities, and all political subdivisions of the <br>Commonwealth for an emergency, declared emergency, disaster, or catastrophe as <br>contemplated in KRS 39A.010, 39A.020, or 39A.030; the coordination of, and <br>liaison with, related or concerned federal government agencies, elected officials of <br>other states, private organizations or private sector companies dealing with disaster <br>and emergency response; the coordination of all recovery operations and mitigation <br>initiatives subsequent to disasters or emergencies; and the coordination of all public <br>information activities regarding state government disaster and emergency response <br>operations.
(2) The Division of Emergency Management shall have and exercise the following
powers, authorities, and duties: <br>(a) To develop, administer, and maintain a statewide comprehensive emergency
management program for the Commonwealth, and through it an integrated <br>emergency management system for the disaster and emergency response of the <br>Commonwealth, which shall be coordinated with the emergency management <br>programs, and other related public safety, emergency response, mitigation, or <br>disaster recovery programs, of all appropriate federal government agencies <br>including the Federal Emergency Management Agency, the federal <br>Department of Homeland Security, the State Department, the Federal Aviation <br>Administration, the Centers for Disease Control and Prevention, the <br>Department of Transportation, the Environmental Protection Agency, the <br>Occupational Safety and Health Administration, the Department of Defense, <br>the National Oceanic and Atmospheric Administration, the Department of <br>Justice, the Bureau of Alcohol, Tobacco, and Firearms, the National <br>Transportation Safety Board, the Chemical Safety and Hazard Investigation <br>Board, the Army Corps of Engineers, the National Security Council, the <br>Department of Health and Human Services, the Federal Railroad <br>Administration, the United States Geological Survey, the Department of <br>Energy, the Nuclear Regulatory Commission, the Department of Agriculture, <br>the Department of Housing and Urban Development, the American Red <br>Cross, the other states, and other appropriate public or private agencies, to the <br>fullest appropriate extent;
(b) To coordinate the development, implementation, and maintenance of
comprehensive emergency management programs by local emergency
Page 2 of 4
management agencies in the cities, counties, and urban-county or charter <br>county governments of the Commonwealth to ensure that all such programs, <br>agencies, and organizations are organized, administered, and operated as <br>functional components of the integrated emergency management system of the <br>Commonwealth;
(c) To develop and maintain a comprehensive, risk-based, all-hazards disaster and
emergency response plan entitled "Kentucky Emergency Operations Plan," the <br>provisions of which shall establish the organizational structure to be utilized <br>by state government for managing disaster and emergency response, and set <br>forth the policies, procedures, and guidelines for the coordination and <br>execution of all disaster and emergency response for an emergency, declared <br>emergency, disaster, or catastrophe in the Commonwealth. The Kentucky <br>Emergency Operations Plan shall be submitted to the Governor for approval <br>when the Governor assumes office following each gubernatorial election, or at <br>other times as the director deems appropriate. The Governor shall provide <br>written approval of the Kentucky Emergency Operations Plan through <br>issuance of an executive order, and the division shall file a copy of the <br>executive order with the Legislative Research Commission. The Kentucky <br>Emergency Operations Plan shall be the primary strategic disaster and <br>emergency response planning component of the integrated emergency <br>management system of the Commonwealth, and shall be utilized and followed <br>by all state agencies, all local government agencies, all local public agencies <br>or entities, and all other political subdivisions of the Commonwealth which <br>may be involved in disaster and emergency response in the Commonwealth. <br>The Kentucky Emergency Operations Plan shall be updated by the division <br>not less than annually;
(d) To maintain and operate the State Emergency Operations Center facility,
which shall be the official and primary state government twenty-four (24) <br>hour warning point, communications, and command center, from which the <br>Governor, cabinet secretaries, department heads, and other state agency <br>officials can, at any time, rapidly, adequately, and effectively manage the <br>disaster and emergency response of the Commonwealth. The State Emergency <br>Operations Center facility shall be the primary state direction and control <br>component of the integrated emergency management system of the <br>Commonwealth for the coordination of all disaster and emergency response in <br>the Commonwealth;
(e) To develop, monitor, and operate, on a twenty-four (24) hour per day basis,
the appropriate alerting or warning systems, public safety telecommunications <br>systems, or radio networks; any state trunked, fiber, or interactive <br>communication systems; computer, fax, other telecommunications or <br>information networks; and systems needed for communication and <br>coordination with all necessary or appropriate federal, state, or local public <br>safety, law enforcement, emergency management, or other disaster and <br>emergency response agencies, and state or local dispatch centers in the <br>Commonwealth, and other appropriate interests, and through these agencies
Page 3 of 4
and systems to receive or disseminate emergency information, or to receive <br>timely notification of, and continual assessment of, all threatened or actual <br>emergency incidents or disaster situations occurring anywhere in or near the <br>Commonwealth;
(f) To immediately notify the Governor, the adjutant general, and the executive
director of the Kentucky Office of Homeland Security, or his or her designee, <br>in the event of any major emergency incidents or disaster occurrences, or the <br>threatened or impending occurrence of any of these events, and to keep the <br>Governor, the adjutant general, and the executive director of the Kentucky <br>Office of Homeland Security, or his or her designee, informed of all actions <br>being taken in response to these events;
(g) To respond to the scenes of emergencies or disasters, or their threatened or
impending occurrence and to directly and immediately investigate, analyze, <br>and assess the nature and seriousness of these situations; to convene meetings, <br>gather information, conduct briefings, and evaluate ongoing emergency <br>response activities; take actions to execute the appropriate provisions of the <br>Kentucky Emergency Operations Plan; coordinate the establishment and <br>operation of a state incident management system; establish or manage sub-<br>state or area emergency operations centers, or on-scene command posts; and <br>fully expedite and coordinate the disaster and emergency response of the <br>Commonwealth;
(h) To establish and operate area field offices of the division, each office to be
headed by an area manager, responsible for administering the policies, plans, <br>programs, and duties of the division in specific geographic areas of the <br>Commonwealth, including the coordination of comprehensive emergency <br>management programs developed by the cities, counties, urban-county, or <br>charter county governments in the areas;
(i) To provide funds to the cities, counties, and urban-county or charter county
governments of the Commonwealth to support the development, <br>administration, operation, and maintenance of local emergency management <br>agencies created pursuant to KRS Chapters 39A to 39F;
(j) To require the regular submission of program administration data, records,
materials, reports, or documents from local emergency management agencies <br>as may be necessary and sufficient to conduct performance reviews and <br>assessments to ensure compliance with all state or federal funding and <br>program requirements, and to ensure local program compatibility and <br>consistency with the mission, goals, and objectives of the comprehensive <br>emergency management program and integrated emergency management <br>system of the Commonwealth;
(k) To ascertain the requirements of the Commonwealth and its cities and
counties for emergency resources and the necessities of life in the event of <br>disaster or emergency; institute an emergency resource management plan and <br>procure emergency supplies, materials, and equipment; and use or employ in <br>time of emergency any of the property, services, and resources of state or local
Page 4 of 4
government in the Commonwealth for the purposes set forth in KRS Chapters <br>39A to 39F;
(l) To institute public information and education programs, emergency
management training programs, and exercise programs to test and evaluate <br>emergency operations plans and disaster and emergency response and <br>recovery capabilities; and
(m) To promulgate administrative regulations to carry out the provisions of KRS
Chapters 39A to 39F.
Effective: July 12, 2006 <br>History: Amended 2006 Ky. Acts ch. 193, sec. 5, effective July 12, 2006. -- Amended
2002 Ky. Acts ch. 82, sec. 3, effective March 28, 2002. -- Created 1998 Ky. Acts <br>ch. 226, sec. 5, effective July 15, 1998.
Page 1 of 4
39A.050 Responsibility of division for coordinating disaster and emergency
services -- Powers, authorities, and duties.
(1) The Division of Emergency Management shall coordinate for the Governor all
matters pertaining to the comprehensive emergency management program and <br>disaster and emergency response of the Commonwealth. The division shall be the <br>executive branch agency of state government having primary jurisdiction, <br>responsibility, and authority for the planning and execution of disaster and <br>emergency assessment, mitigation, preparedness, response, and recovery for the <br>Commonwealth; the coordination of all disaster and emergency response by and <br>between all state agencies, all agencies of city, county, and urban-county or charter <br>county government, all local entities, and all political subdivisions of the <br>Commonwealth for an emergency, declared emergency, disaster, or catastrophe as <br>contemplated in KRS 39A.010, 39A.020, or 39A.030; the coordination of, and <br>liaison with, related or concerned federal government agencies, elected officials of <br>other states, private organizations or private sector companies dealing with disaster <br>and emergency response; the coordination of all recovery operations and mitigation <br>initiatives subsequent to disasters or emergencies; and the coordination of all public <br>information activities regarding state government disaster and emergency response <br>operations.
(2) The Division of Emergency Management shall have and exercise the following
powers, authorities, and duties: <br>(a) To develop, administer, and maintain a statewide comprehensive emergency
management program for the Commonwealth, and through it an integrated <br>emergency management system for the disaster and emergency response of the <br>Commonwealth, which shall be coordinated with the emergency management <br>programs, and other related public safety, emergency response, mitigation, or <br>disaster recovery programs, of all appropriate federal government agencies <br>including the Federal Emergency Management Agency, the federal <br>Department of Homeland Security, the State Department, the Federal Aviation <br>Administration, the Centers for Disease Control and Prevention, the <br>Department of Transportation, the Environmental Protection Agency, the <br>Occupational Safety and Health Administration, the Department of Defense, <br>the National Oceanic and Atmospheric Administration, the Department of <br>Justice, the Bureau of Alcohol, Tobacco, and Firearms, the National <br>Transportation Safety Board, the Chemical Safety and Hazard Investigation <br>Board, the Army Corps of Engineers, the National Security Council, the <br>Department of Health and Human Services, the Federal Railroad <br>Administration, the United States Geological Survey, the Department of <br>Energy, the Nuclear Regulatory Commission, the Department of Agriculture, <br>the Department of Housing and Urban Development, the American Red <br>Cross, the other states, and other appropriate public or private agencies, to the <br>fullest appropriate extent;
(b) To coordinate the development, implementation, and maintenance of
comprehensive emergency management programs by local emergency
Page 2 of 4
management agencies in the cities, counties, and urban-county or charter <br>county governments of the Commonwealth to ensure that all such programs, <br>agencies, and organizations are organized, administered, and operated as <br>functional components of the integrated emergency management system of the <br>Commonwealth;
(c) To develop and maintain a comprehensive, risk-based, all-hazards disaster and
emergency response plan entitled "Kentucky Emergency Operations Plan," the <br>provisions of which shall establish the organizational structure to be utilized <br>by state government for managing disaster and emergency response, and set <br>forth the policies, procedures, and guidelines for the coordination and <br>execution of all disaster and emergency response for an emergency, declared <br>emergency, disaster, or catastrophe in the Commonwealth. The Kentucky <br>Emergency Operations Plan shall be submitted to the Governor for approval <br>when the Governor assumes office following each gubernatorial election, or at <br>other times as the director deems appropriate. The Governor shall provide <br>written approval of the Kentucky Emergency Operations Plan through <br>issuance of an executive order, and the division shall file a copy of the <br>executive order with the Legislative Research Commission. The Kentucky <br>Emergency Operations Plan shall be the primary strategic disaster and <br>emergency response planning component of the integrated emergency <br>management system of the Commonwealth, and shall be utilized and followed <br>by all state agencies, all local government agencies, all local public agencies <br>or entities, and all other political subdivisions of the Commonwealth which <br>may be involved in disaster and emergency response in the Commonwealth. <br>The Kentucky Emergency Operations Plan shall be updated by the division <br>not less than annually;
(d) To maintain and operate the State Emergency Operations Center facility,
which shall be the official and primary state government twenty-four (24) <br>hour warning point, communications, and command center, from which the <br>Governor, cabinet secretaries, department heads, and other state agency <br>officials can, at any time, rapidly, adequately, and effectively manage the <br>disaster and emergency response of the Commonwealth. The State Emergency <br>Operations Center facility shall be the primary state direction and control <br>component of the integrated emergency management system of the <br>Commonwealth for the coordination of all disaster and emergency response in <br>the Commonwealth;
(e) To develop, monitor, and operate, on a twenty-four (24) hour per day basis,
the appropriate alerting or warning systems, public safety telecommunications <br>systems, or radio networks; any state trunked, fiber, or interactive <br>communication systems; computer, fax, other telecommunications or <br>information networks; and systems needed for communication and <br>coordination with all necessary or appropriate federal, state, or local public <br>safety, law enforcement, emergency management, or other disaster and <br>emergency response agencies, and state or local dispatch centers in the <br>Commonwealth, and other appropriate interests, and through these agencies
Page 3 of 4
and systems to receive or disseminate emergency information, or to receive <br>timely notification of, and continual assessment of, all threatened or actual <br>emergency incidents or disaster situations occurring anywhere in or near the <br>Commonwealth;
(f) To immediately notify the Governor, the adjutant general, and the executive
director of the Kentucky Office of Homeland Security, or his or her designee, <br>in the event of any major emergency incidents or disaster occurrences, or the <br>threatened or impending occurrence of any of these events, and to keep the <br>Governor, the adjutant general, and the executive director of the Kentucky <br>Office of Homeland Security, or his or her designee, informed of all actions <br>being taken in response to these events;
(g) To respond to the scenes of emergencies or disasters, or their threatened or
impending occurrence and to directly and immediately investigate, analyze, <br>and assess the nature and seriousness of these situations; to convene meetings, <br>gather information, conduct briefings, and evaluate ongoing emergency <br>response activities; take actions to execute the appropriate provisions of the <br>Kentucky Emergency Operations Plan; coordinate the establishment and <br>operation of a state incident management system; establish or manage sub-<br>state or area emergency operations centers, or on-scene command posts; and <br>fully expedite and coordinate the disaster and emergency response of the <br>Commonwealth;
(h) To establish and operate area field offices of the division, each office to be
headed by an area manager, responsible for administering the policies, plans, <br>programs, and duties of the division in specific geographic areas of the <br>Commonwealth, including the coordination of comprehensive emergency <br>management programs developed by the cities, counties, urban-county, or <br>charter county governments in the areas;
(i) To provide funds to the cities, counties, and urban-county or charter county
governments of the Commonwealth to support the development, <br>administration, operation, and maintenance of local emergency management <br>agencies created pursuant to KRS Chapters 39A to 39F;
(j) To require the regular submission of program administration data, records,
materials, reports, or documents from local emergency management agencies <br>as may be necessary and sufficient to conduct performance reviews and <br>assessments to ensure compliance with all state or federal funding and <br>program requirements, and to ensure local program compatibility and <br>consistency with the mission, goals, and objectives of the comprehensive <br>emergency management program and integrated emergency management <br>system of the Commonwealth;
(k) To ascertain the requirements of the Commonwealth and its cities and
counties for emergency resources and the necessities of life in the event of <br>disaster or emergency; institute an emergency resource management plan and <br>procure emergency supplies, materials, and equipment; and use or employ in <br>time of emergency any of the property, services, and resources of state or local
Page 4 of 4
government in the Commonwealth for the purposes set forth in KRS Chapters <br>39A to 39F;
(l) To institute public information and education programs, emergency
management training programs, and exercise programs to test and evaluate <br>emergency operations plans and disaster and emergency response and <br>recovery capabilities; and
(m) To promulgate administrative regulations to carry out the provisions of KRS
Chapters 39A to 39F.
Effective: July 12, 2006 <br>History: Amended 2006 Ky. Acts ch. 193, sec. 5, effective July 12, 2006. -- Amended
2002 Ky. Acts ch. 82, sec. 3, effective March 28, 2002. -- Created 1998 Ky. Acts <br>ch. 226, sec. 5, effective July 15, 1998.
