New Hampshire Emergency Management and Homeland Security Statutory Authorities Summarized
CRS Report for Congress
New Hampshire Emergency Management and
Homeland Security Authorities Summarized
Keith Bea and Shawn Reese
Government and Finance Division
Cheryl Runyon and Kae M. Warnock
Consultants
Government and Finance Division
Summary
New Hampshire’s Office of Emergency Management is administered by the
director of fire safety and emergency management. In addition to the governor, seven
state units exercise major disaster and emergency responsibilities. Both the governor
and General Court have the power to declare that an emergency exists. Disaster aid is
provided from an emergency response budget and disaster funding that is tied to federal
support. The New Hampshire legislature has enacted specific emergency drinking water
and emergency communications system statutes.
This report is one of a series that profiles emergency management and homeland
security statutory authorities of the 50 states, the District of Columbia, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico,
American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the more
significant elements of state statutes, generally as codified. Congressional readers may
wish to conduct further searches for related provisions using the Internet link presented
in the last section of this report. The National Conference of State Legislatures provided
primary research assistance in the development of these profiles under contract to the
Congressional Research Service (CRS). Summary information on all of the profiles is
presented in CRS Report RL32287. This report will be updated as developments
warrant.
Entities with Key Responsibilities
Governor: The governor is authorized to make, amend, suspend and rescind orders,
rules and regulations in the event of a disaster, and may: enter into mutual aid agreements
with other states; provide emergency lines of succession to appointive offices of state
government to ensure continuity of government; and cooperate with the President, armed
forces, the Federal Emergency Management Agency, and states for drills and evacuations
(N.H. Rev. Stat. Ann §4:47). In the event a disaster occurs that is beyond local control,
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the governor may assume direct operational control over all or part of the emergency
management functions in the state (N.H. Rev. Stat. Ann. §21-P:37). During a state of
emergency the governor may require evacuation and remove officers from public office
(N.H. Rev. Stat. Ann §4:45). In the event of a radiological emergency, the governor is
authorized to regulate the utility (as specified in statute) if the operator of the facility
cannot control the situation (N.H. Rev. Stat. Ann. §107-B:6).
Office of Emergency Management: The office operates under the direction of the
director of the Division of Fire Safety and Emergency Management. With the approval
of the director, office staff coordinate the activities of all emergency management
organizations. The lead staff serve as coordinators of emergency management under the
director. The office is to determine the communications capabilities during natural or
manmade disasters, supplement communications resources, and make recommendations
about communications to the director (N.H. Rev. Stat. Ann. §21-P:34 et seq.).
Director of Emergency Management: The director is authorized to: prepare a
comprehensive plan and program for state emergency management that integrates with
federal and other states’ plans; coordinate the preparation of plans and programs for
emergency management in political subdivisions and private agencies; procure supplies
and equipment; provide training and public information programs and trained and
equipped staff for emergencies; conduct studies and surveys of industries as well as
transportation, communications, housing and medical facilities for vital supplies;
coordinate mutual aid within the state; and cooperate with the federal government and
other states and private agencies (N.H. Rev. Stat. Ann §21-P:37). The director also
conducts an annual review of municipal emergency response plans for radiological
preparedness. Municipalities must submit annual radiological emergency response
budgets to the director and provide an opportunity for public comment. The director
receives budget requests from state agencies regarding radiological emergency
preparedness (N.H. Rev. Stat. Ann. §107-B:2).
Division of Fire Safety and Emergency Management: The division, located within
the Department of Safety, and under the supervision of the state fire marshal, coordinates
the state’s response to hazardous materials accidents and pipeline incidents (N.H. Rev.
Stat. Ann. §21-P:12).
Commissioner of Health and Human Services: During a state of emergency the
commissioner: carries out public health activities in collaboration with the Office of
Emergency Management; purchases and distributes anti-toxins, vaccines, and antibiotics,
and controls the use, sale, distribution and transportation of such products; investigates
the threat of disease caused by natural disaster, radiation, chemical exposure, or
bioterrorism; may require immunizations, but the statute prohibits genetic testing of
samples taken during an emergency (N.H. Rev. Stat. Ann. §21-P:49).
Advisory Council on Emergency Preparedness and Security: The council advises the
governor on the state’s ability to respond to natural and manmade disasters, as well as the
preparation and maintenance of a disaster plan that conforms to federal regulations. The
Director of the Division of Fire Safety and Emergency Management serves as chair of the
council, and must seek its advise on the allocation of federal and state resources. The
council reports legislative recommendations to the governor and the leaders of the
legislature (N.H. Rev. Stat. Ann. §21-P:48).
Joint Legislative Oversight Committee: The committee consists of nine state
legislators who provide oversight and liaison to the emergency management system; it
works with the Department of Health and Human Services to develop procedures for each
level of emergency; conducts a study of major problems and concerns about planning,
testing, and implementing states of emergency. The committee must hold public hearings
and report annually to legislative leaders, the governor, and the state library (N.H. Rev.
Stat. Ann §21-P:51).
Local organization for emergency management: In accordance with the state
emergency management plan, each political subdivision must establish an organization
to perform emergency management functions within its jurisdictional limits. The director
of each local organization is authorized to sign contracts to protect public health and
safety and to assist victims (N.H. Rev. Stat. Ann. §21-P:39).
Preparedness
See “Entities with Key Responsibilities.”
The governor, state agency heads, and local executive officers must use services,
equipment, and supplies of existing departments to the extent practicable. All officers are
directed to cooperate with the governor and emergency management organizations (N.H.
Rev. Stat. Ann §21-P:44).
The Department of Environmental Services must develop plans, with the advice and
assistance of the Office of Emergency Management, for emergency conditions and
situations that may endanger the public health or welfare by the contamination of drinking
water (N.H. Rev. Stat. Ann. §485:40).
Declaration Procedures
The governor may declare a state of emergency by executive order in the event a
natural, technological, or man-made disaster is imminent or has occurred. The General
Court has the same power to declare a state of emergency by concurrent resolution of the
House and the Senate. The executive order must list the nature of the emergency, the area
affected, and the duration of the emergency if less than 21 days. The state of emergency
automatically terminates 21 days after the declaration, with renewals allowed as many
times as the governor deems necessary. The emergency may be terminated by the
governor with an executive order, or the legislature may terminate the emergency with a
concurrent resolution. However, the governor may declare an emergency again for new
reasons (N.H. Rev. Stat. Ann. §4:45).
In any disaster or catastrophe that occurs or is imminent due to the discharge of oil,
the governor may declare an emergency in any or all sections of the state. The governor
may terminate the emergency by issuing another proclamation, to be published and posted
in public locations (N.H. Rev. Stat. Ann. §146-A:12).
Types of Assistance
The state is authorized to make a contribution to a city, town, or unincorporated
place that suffers damages to highways because of a disaster (N.H. Rev. Stat. Ann.
§235:34).
A county or municipality is authorized to loan police equipment or services without
cost (N.H. Rev. Stat. Ann. §106-C:8).
Mutual Aid
The Emergency Management Assistance Compact (EMAC) and the Northeastern
American/Canadian Emergency Management Assistance Compact (NAEMAC) are
codified (R.S.A. §108:1).
Each director of a local emergency management organization, in collaboration with
other officials, is authorized to develop mutual aid arrangements for assistance in the
event a disaster overwhelms local resources. The agreements must be consistent with the
state emergency management plan (N.H. Rev. Stat. Ann. §21-P:40).
County commissioners or municipalities may permit, by ordinance, a sheriff’s
department or the chief of police to direct assistance to another county or municipality at
the time of an emergency. The police department, with a special reaction team, may
deploy the team to extend assistance to another county or municipality (N.H. Rev. Stat.
Ann. §§106-C:3, 3-a).
If an emergency arises in a county or municipality, the chief executive of that county
or municipality is authorized to decide whether to recall loaned staff and equipment.
Such a decision supercedes a mutual aid agreement (N.H. Rev. Stat. Ann. §106-C:9).
Funding
The New Hampshire Emergency Response and Recovery Fund provides matching
funds required for federal disaster assistance grants. The fund does not lapse; money is
appropriated to the Department of Public Safety (N.H. Rev. Stat. Ann. §21-P:46).
A special town meeting may be called to authorize the expenditure of federal funds
allocated as a result of a major disaster declared by the governor. A meeting may also be
called to appropriate the local matching share of funds (N.H. Rev. Stat. Ann. §31:5-a).
Each political subdivision may appropriate funds for local emergency management
organizations. Services, equipment, supplies, material, and funds in the form of gifts,
grants or loans may be accepted from the federal government, with the consent of the
governor, for use by the state or political subdivisions (N.H. Rev. Stat. Ann. §21-P:43).
Each utility operating a nuclear power plant is assessed a fee for the cost of
preparing, maintaining and operating a nuclear planning and response program. The costs
of preparing the plan and providing equipment and material are met by fees assessed by
the public utilities commission (N.H. Rev. Stat. Ann. §§107-B:3-5).
Damage or loss of equipment while answering another locality’s call for assistance
must be paid by the requesting county (N.H. Rev. Stat. Ann §106-C:5). A city or
municipality that receives emergency assistance must reimburse the responding unit of
government for compensation, travel, and maintenance costs (N.H. Rev. Stat. Ann. §106-
C:7).
Hazard Mitigation
No specific provisions.
Continuity of Government Operations
To ensure the continuity of state and local government operations during an
emergency that results from disasters associated with enemy attack, the General Court is
authorized to provide for prompt and temporary succession to the powers and duties of
public offices, and to adopt such other measures as may be necessary and proper (N.H.
Const. Pt. 2 Art. 5-a).
In cases where dangers to the health or lives of legislators may arise from their
attendance at the General Court, the governor may direct the session to be held at some
other place within the state (N.H. Const. Pt. 2 Art. 43).
The governor is authorized to declare a temporary location for the seat of
government. The legislature may establish a new location by law or return to the normal
seat of government at the end of the emergency (N.H. Rev. Stat. Ann. §4:45 (III)).
The governor is authorized to provide for emergency lines of succession to
appointive offices of the state government to ensure continuity of government operations
(N.H. Rev. Stat. Ann. §4:47 (II)).
In the event of a disaster political subdivisions may meet at any place within or
without territorial limits, and may designate by ordinance alternative sites as emergency
temporary locations where public business is to be conducted. Such sites must be within
the state (N.H. Rev. Stat. Ann. §21-P:39 (IV)).
Other
The statute establishes immunity for specified law enforcement officers who assist
in another unit of local government. Officers are not liable for acts or omissions in
service while rendering emergency assistance to another subdivision (N.H. Rev. Stat.
Ann. §106-C:6).
The statute provides immunity and workers’ compensation to emergency
management workers during a disaster (N.H. Rev. Stat. Ann. §21-P:41).
A person offering shelter is not liable for death or injury or for damages or loss of
property (N.H. Rev. Stat. Ann. §21-P:42).
The statute provides for compensation if real or personal private property is taken
during an emergency (N.H. Rev. Stat. Ann. §4:46).
Key Terms
Table 1. Key Emergency Management and Homeland Security
Terms Defined in New Hampshire Statutes, with Citations
TermsCitations
Critical incident emergencyN.H. Rev. Stat. Ann. §106-C:1(VIII)
EmergencyN.H. Rev. Stat. Ann. §106-C:1(I)
Emergency managementN.H. Rev. Stat. Ann. §21-P:35(V)
Emergency management workerN.H. Rev. Stat. Ann. §21-P:41(III)
Local organization for emergencyN.H. Rev. Stat. Ann. §21-P:35(VI)
management
Special reaction teamN.H. Rev. Stat. Ann. §106-C:1(VII)
State of emergencyN.H. Rev. Stat. Ann. §21-P:35(VIII)
For Further Research
The citations noted above and other elements of the state code for New Hampshire
may be searched at: [http://www.state.nh.us/government/laws.html].