HLS 22RS-3298 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 1070 (Substitute for House Bill No. 759 by Representative Schexnayder)
BY REPRESENTATIVE SCHEXNAYDER
EMERGENCY PREPAREDNESS: Provides relative to the Governor's Office of Homeland
Security and Emergency Preparedness
1 AN ACT
2To amend and reenact R.S. 29:725(A) and 726(F), to enact R.S. 29:725(K), 726(G), and
3 728(G), and to repeal R.S. 29:725.5, 726(E)(25), and 731, relative to the Governor's
4 Office of Homeland Security and Emergency Preparedness; to provide requirements
5 for the statewide emergency management software system; to provide for mandatory
6 training requirements; to provide relative to employees in parish offices of homeland
7 security and emergency preparedness; to provide relative to prepositioned contracts;
8 to provide relative to procurement; to provide for reporting; to provide for temporary
9 housing assistance; to provide for eligibility; to provide relative to waivers of local
10 land use regulations; to provide for exemptions; to provide for an effective date; and
11 to provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 29:725(A) and 726(F) are hereby amended and reenacted and R.S.
1429:725(K), 726(G), and 728(G) are hereby enacted to read as follows:
15 §725. State emergency and disaster agency; powers of director; assistant deputy
16 director of interoperability
17 A. The Governor's Office of Homeland Security and Emergency
18 Preparedness, hereafter referred to in this Chapter as GOHSEP, is hereby established
19 as a state agency within the office of the governor.
20 * * *
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1 K.(1) The office of interoperability shall be headed by an assistant deputy
2 director of interoperability who shall be in the unclassified service. The assistant
3 deputy director may delegate authority to such designees or to any governmental
4 body as the assistant deputy director may deem appropriate within the limitations of
5 state and federal laws, rules, and regulations. The assistant deputy director of
6 interoperability may promulgate rules and regulations to carry out the provisions of
7 R.S. 29:725.1 through 725.4.
8 (2) The assistant deputy director of interoperability shall work in conjunction
9 with the state Unified Command Group and interoperability subcommittee to
10 develop, implement, and maintain a secure interagency communication across
11 jurisdictional and geographic boundaries to enable end users to access authorized
12 information when and how they need it as identified in the statewide interoperability
13 plan and statewide communications interoperability plan for first responders.
14 (3) The assistant deputy director of interoperability shall perform the
15 following functions:
16 (a) Serve as chairman of the interoperability subcommittee.
17 (b) Serve as the state liaison for interoperability.
18 (c) Administer the statewide communications interoperability plan in
19 coordination with the chief information officer or his designee.
20 (d) Partner with local, state, and federal officials to achieve emergency
21 response interoperability in every parish throughout the state.
22 (e) Leverage existing local, state, and federal efforts, including assets and
23 resources, to ensure better coordination and accountability for activities including but
24 not limited to research and development, testing and evaluation, standards, technical
25 assistance, training, and funding for interoperability.
26 (f) Support the creation of interoperability standards.
27 (g) Submit recommendations to the legislature relative to any changes in
28 state law necessary to remove barriers to achieving communications interoperability.
29 * * *
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1 §726. Governor's Office of Homeland Security and Emergency Preparedness;
2 authority and responsibilities
3 * * *
4 F. The Governor's Office of Homeland Security and Emergency
5 Preparedness shall ascertain what means exist for rapid communications in times of
6 disaster or emergencies, shall consider the desirability of supplementing these
7 communications resources or of integrating them into a comprehensive state or state-
8 federal telecommunication or other communications system or its several parts, shall
9 evaluate the possibility of multipurpose use thereof for general state and local
10 governmental purposes, and shall make recommendations to the governor as
11 appropriate. No later than August 1, 2022, GOHSEP shall:
12 (1) Ensure that the official state emergency management software system:
13 (a) Is accessible to all sixty-four parishes, state and federal agencies, and
14 approved non-governmental emergency management partners to monitor and
15 manage activities before, during, and after an emergency or disaster.
16 (b) Has the capability to allow GOHSEP to update the status of all requests
17 for resources and services continuously and make the information simultaneously
18 available to all users.
19 (2) Develop an online emergency management training program to be
20 completed on an annual basis by each parish president and any parish or municipal
21 employee or elected official identified by the director of each parish office of
22 homeland security and emergency preparedness pursuant to R.S. 29:728(G).
23 GOHSEP shall provide the training program in-person only if requested by the parish
24 office.
25 (3)(a) Coordinate with the office of state procurement, the Department of
26 Agriculture and Forestry, the Department of Transportation and Development, and
27 the Department of Military Affairs to prepare a report indicating the following:
28 (i) The amount of procured goods and services utilized for emergency
29 preparedness and disaster response.
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1 (ii) The number of emergency contracts for the preceding calendar year that
2 were let without competition pursuant to an executive order issued under the
3 authority granted in R.S. 29:724.
4 (b) GOHSEP shall submit the report to the Joint Legislative Committee on
5 the Budget and the House and Senate select committees on homeland security.
6 (4) Develop a program to provide additional funding and resources for
7 temporary housing and shelter assistance to parish governing authorities during the
8 first fourteen days following a presidential declaration of a major disaster or
9 emergency. The program shall include the following:
10 (a) GOHSEP shall enter into prepositioned contracts for temporary housing
11 and shelter and professional services for disaster recovery, grant management, and
12 administration for the program. GOHSEP shall prioritize post-disaster delivery time
13 when letting the contracts.
14 (b) A parish governing authority shall be eligible for participation in the
15 program if all of the following conditions are met:
16 (i) The parish is included in a presidential declaration of a major disaster or
17 an emergency.
18 (ii) The parish governing authority submits a request to GOHSEP within
19 seven days after the presidential disaster declaration.
20 (iii)(aa) The parish governing authority has submitted a certification to
21 GOHSEP that the local governing authority will waive any land use regulations
22 relative to permitting for mobile homes, recreational vehicles, and other temporary
23 housing to allow for expedited temporary housing assistance in the parish.
24 (bb) If the parish governing authority submits the certification to waive
25 parish land use regulations but the municipal governing authority fails to submit the
26 certification, the temporary housing assistance shall only apply for parish residents
27 residing outside of the municipality.
28 (cc) For calendar year 2022, each parish and municipality shall submit the
29 certification or opt out of participating in the program no later than September first.
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1 (5) Develop a process for parishes and municipalities to submit the waiver
2 certification or opt out of the program through the state emergency management
3 software system, Parishes and municipalities shall be given the opportunity to
4 change the selection regarding the waiver each year.
5 G. No later than August first of each year, the office shall submit an annual
6 report to the Joint Legislative Committee on the Budget and the House and Senate
7 select committees on homeland security. The report shall include all of the
8 following:
9 (1) A list of all prepositioned contracts entered into for the current fiscal
10 year.
11 (2) The procurement report provided for in Paragraph (F)(3) of this Section.
12 (3) A list of all parishes and municipalities in the state and whether or not
13 the governing authority has submitted the certification provided in Item (F)(4)(b)(iii)
14 of this Section.
15 * * *
16 §728. Parish homeland security and emergency preparedness agency
17 * * *
18 G. The director shall designate any parish or municipal employees the
19 director deems necessary to be dedicated, on a full-time basis, to emergency
20 preparedness and disaster response in the parish. The director shall ensure the
21 employees designated pursuant to this Section and any elected officials deemed
22 necessary by the director have received the annual emergency management training
23 program provided for in R.S. 29:726(F)(2).
24 Section 2. R.S. 29:725.5, 726(E)(25), and 731 are hereby repealed in their entirety.
25 Section 3. This Act shall become effective upon signature by the governor or, if not
26signed by the governor, upon expiration of the time for bills to become law without signature
27by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
28vetoed by the governor and subsequently approved by the legislature, this Act shall become
29effective on the day following such approval.
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 1070 Engrossed 2022 Regular Session Schexnayder
Abstract: Provides relative to the operational procedures of the Governor's Office of
Homeland Security and Emergency Preparedness.
Present law provides for the authorities and responsibilities of the Governor's Office of
Homeland Security and Emergency Preparedness (GOHSEP).
Proposed law retains present law and adds that GOHSEP shall do the following by Aug. 1,
2022:
(1)Ensure the official state emergency management software system is accessible to
certain entities to monitor and manage activities before, during, and after an
emergency or disaster and has the capability to allow the office to update the status
of all requests for resources and services continuously and provide information
simultaneously to all users.
(2)Develop an online emergency management training program to be completed
annually by each parish president and any parish or municipal employee or elected
official identified by the director of each parish office of homeland security and
emergency preparedness.
(3)Coordinate with the office of state procurement, Dept. of Agriculture and Forestry,
Dept. of Transportation and Development, and Dept. of Military Affairs to prepare
a procurement assessment report and submit the report to the Joint Legislative
Committee on the Budget (JLCB) and the House and Senate select committees on
homeland security.
(4)Develop a program to provide temporary housing and shelter assistance to parish
governing authorities during the first 14 days following a disaster.
Proposed law provides requirements for GOHSEP to implement the program and for local
governments to participate in the program. Eligibility for participation includes waiving
certain land use regulations.
Proposed law requires GOHSEP to submit an annual report to JLCB and the House and
Senate select committees on homeland security regarding contracts and the temporary
housing and shelter assistance program.
Present law requires GOHSEP to study the feasibility of pre-bidding certain contracts for
disaster response services.
Proposed law repeals present law.
Present law provides that office of interoperability shall be headed by an assistant deputy
director of interoperability.
Proposed law relocates present law under the present law provision which provides relative
to powers of a director..
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Present law requires each parish office of homeland security and emergency preparedness
to have a director appointed by the parish president and provides for responsibilities of the
director.
Proposed law requires the director to designate any parish or municipal employees the
director deems necessary to be dedicated on a full-time basis to emergency preparedness and
disaster response in the parish.
Proposed law further requires the director to ensure that the employees so designated and
any elected officials deemed necessary by the director have received the annual emergency
management training program provided by GOHSEP.
Present law provides for a disaster and emergency funding board.
Proposed law repeals present law.
(Amends R.S. 29:725(A) and 726(F); Adds R.S. 29:725(K), 726(G), and 728(G); Repeals
R.S. 29:725.5, 726(E)(25), and 731)
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