HLS 22RS-593 ORIGINAL 2022 Regular Session HOUSE BILL NO. 759 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. 29:725.5(A), 726(C), (E)(15), (16), (25) through (28), 729(E)(6) 3 and (12), and 731 and R.S. 39:1617, 1619(B), and 1620, to enact R.S. 39:1572(B)(7) 4 and 1621(D), and to repeal R.S. 29:726(E)(29), relative to the Governor's Office of 5 Homeland Security and Emergency Preparedness; to provide for the promulgation 6 of administrative rules; to provide for a statewide emergency management software 7 system; to provide for mandatory training requirements, implementation, and 8 maintenance of records; to provide relative to a mandatory number of full-time 9 employees in parish offices of homeland security and emergency preparedness; to 10 provide relative to prepositioned contracts; to provide relative to procurement; to 11 provide for reporting; to provide for temporary housing assistance; to provide for 12 eligibility; to provide for exemptions; to provide for an effective date; and to provide 13 for related matters. 14Be it enacted by the Legislature of Louisiana: 15 Section 1. R.S. 29:725.5(A), 726(C), (E)(15), (16), (25) through (28), 729(E)(6) and 16(12), and 731 are hereby amended and reenacted and R.S. 29:731(E) and (F) are hereby 17enacted to read as follows: 18 §725.5. Assistant deputy director of interoperability 19 A.(1) The office of interoperability shall be headed by an assistant deputy 20 director of interoperability who shall be in the unclassified service. The assistant Page 1 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-593 ORIGINAL HB NO. 759 1 deputy director may delegate authority to such designees or to any governmental 2 body as the assistant deputy director may deem appropriate within the limitations of 3 state and federal laws, rules, and regulations. The assistant deputy director of 4 interoperability may promulgate rules and regulations to carry out the provisions of 5 R.S. 29:725.1 through 725.5. 6 (2) The assistant deputy director of interoperability shall initiate, through the 7 notice process provided by R.S. 49:953.1, the promulgation of administrative rules 8 required by this Section on or before August 1, 2022. 9 * * * 10 §726. Governor's Office of Homeland Security and Emergency Preparedness; 11 authority and responsibilities 12 * * * 13 C. The Governor's Office of Homeland Security and Emergency 14 Preparedness shall take an integral part in the development and revision of local and 15 interjurisdictional emergency plans prepared under this Chapter. To this end it shall 16 employ or otherwise secure the services of professional and technical personnel 17 capable of providing expert training and assistance to political subdivisions, their 18 homeland security and emergency preparedness agencies, and interjurisdictional 19 planning and homeland security and emergency preparedness agencies. These 20 personnel shall consult with subdivisions and agencies on a regularly scheduled basis 21 and shall make field examinations of the areas, circumstances, and conditions to 22 which particular local and interjurisdictional disaster plans are intended to apply, and 23 may suggest or require revisions. 24 * * * 25 E. The office shall either directly or through authorized assignment to 26 another state agency or department: 27 * * * 28 (15)(a) Include a proposed post-disaster response and recovery component 29 in the homeland security and state emergency operations plan that includes specific Page 2 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-593 ORIGINAL HB NO. 759 1 regional and interregional planning provisions and promotes intergovernmental 2 coordination of post-disaster response and recovery activities. 3 * * * 4 (c) The proposed post-disaster response and recovery component shall, at a 5 minimum, include all of the following: 6 * * * 7 (xii) Establishment of a mandatory number of full-time employees in each 8 parish office of homeland security and emergency preparedness as follows: 9 (aa) Two full-time employees if the parish population is under fifty thousand 10 people. 11 (bb) Three full-time employees if the parish population is over fifty thousand 12 people but not more than one hundred forty nine thousand people. 13 (cc) Four full-time employees if the parish population is at least one hundred 14 fifty thousand people or more. 15 (d)(i) The proposed post-disaster response and recovery component shall 16 include an official state emergency management software system which shall be 17 accessible to all sixty-four parishes, state and federal agencies, and approved 18 non-governmental emergency management partners to monitor and manage activities 19 before, during, and after an emergency or disaster. 20 (ii) The system shall include all of the following capabilities: 21 (aa) Situational reporting. 22 (bb) Daily reports. 23 (cc) A process for requesting resources and preliminary damage assessments 24 in the aftermath of a disaster. 25 (dd) Retention of financial data. 26 (ee) Intelligence reporting. 27 (iii) No later than August 1, 2022, the system shall have the capability to 28 allow the office to update the status of all requests for resources and services 29 continuously and make the information simultaneously available to all users. Page 3 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-593 ORIGINAL HB NO. 759 1 (16)(a) Propose the assignment of lead and support responsibilities to state 2 agencies and personnel for emergency support functions and other support activities. 3 * * * 4 (c) Provide assistance to parish offices of emergency preparedness in the 5 preparation of parish emergency operations plans. 6 (i) This assistance shall include, but not be limited to, the implementation of 7 a mandatory disaster preparation and recovery training program to be completed by 8 every parish president, mayor, and local official before June first of each calendar 9 year. However, for the first year following the effective date of this Subparagraph, 10 the training shall be completed no later than September 1, 2022. 11 (ii) The education and training required pursuant to this Subparagraph may 12 be received either in person or via the internet through training and education 13 materials approved by the office. 14 (iii) The office shall ensure that each parish office of emergency 15 preparedness is notified of the training program. The agency head, or his designee, 16 shall be responsible for maintaining records of the compliance of each parish office 17 with the mandatory training requirement. Each public servant's record of compliance 18 shall be a public record and available to the public in accordance with the Public 19 Records Law. 20 (iv) The content, structure, accessibility, record maintenance, and all other 21 related matters of the training program shall be developed and promulgated by the 22 office in accordance with the rules and regulations of the Administrative Procedure 23 Act. 24 (v) The office shall initiate, through the notice process provided in R.S. 25 49:953.1, the promulgation of administrative rules called for by this Section on or 26 before August 1, 2022. 27 * * * 28 (25) Study the feasibility of pre-bidding of contracts to provide for disaster 29 response services such as but not limited to transportation services for evacuation Page 4 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-593 ORIGINAL HB NO. 759 1 purposes, housing or temporary and long-term shelter for evacuees, provision of 2 emergency food supplies, water and ice, and debris removal and enter into such 3 contracts deemed to be in the best interest of the state to preserve and protect life, 4 health, safety, and property of all citizens. 5 (26) Do other things necessary, incidental, or appropriate for the 6 implementation of this Chapter. 7 (27) (26) For emergencies not rising to the level of a state declaration of an 8 emergency, but still threatening life, safety or health of Louisiana residents, the 9 Governor's Office of Homeland Security and Emergency Preparedness office 10 director may coordinate the solicitation and donation of resources needed to meet the 11 needs of citizens. This authority shall not be subject to the limitations of R.S. 12 42:1115. 13 (28) (27) Hold the legal responsibility for the Louisiana Emergency 14 Management Assistance Compact under the provisions of R.S. 29:733. 15 (29)(a) (28)(a) Activate the Statewide Cemetery Response Task Force 16 pursuant to R.S. 29:726.4. 17 (b) Review assessments for the Statewide Cemetery Response Task Force 18 to determine the continued need for assistance from that body. 19 * * * 20 §729. Parish homeland security and emergency preparedness agency authorities and 21 responsibilities 22 * * * 23 E. The parish office of homeland security and emergency preparedness shall: 24 * * * 25 (6)(a) Assist political subdivisions, their homeland security and emergency 26 preparedness agencies and interjurisdictional homeland security and emergency 27 preparedness agencies, in establishing and operating training programs and programs 28 of information. Page 5 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-593 ORIGINAL HB NO. 759 1 (b) Administer a mandatory disaster preparation and recovery training 2 program to be completed by every political subdivision leader before June first of 3 each calendar year. However, for the first year following the effective date of this 4 Subparagraph, the training shall be complete no later than September 1, 2022. 5 (c) The education and training required pursuant to this Paragraph may be 6 received either in person or via the internet through training and education materials 7 approved by the Governor's Office of Homeland Security and Emergency 8 Preparedness. 9 (d) The parish office of homeland security and emergency preparedness shall 10 ensure that each political subdivision is notified of the training program. The parish 11 office head, or his designee, shall be responsible for maintaining records of the 12 compliance of each parish office with the mandatory training requirement. Each 13 public servant's record of compliance shall be a public record and available to the 14 public in accordance with the Public Records Law. 15 * * * 16 (12) Cooperate with the state and federal government and any public or 17 private agency or entity in achieving any purpose of this Chapter and in 18 implementing programs for disaster emergency mitigation, preparation, response, 19 and recovery. Implementation measures shall include providing continuous 20 information and accessibility to parish presidents, mayors, and local officials of the 21 official state emergency management software system as developed and promulgated 22 by the Governor's Office of Homeland Security and Emergency Preparedness in 23 accordance with the rules and regulations of the Administrative Procedure Act. 24 * * * 25 §731. Financing Disaster and emergency preparedness; prepositioned contracts; 26 temporary housing assistance 27 A. It is the intent of the legislature and declared to be the policy of the state 28 that funds and resources to meet disasters and emergencies shall always be available. 29 To ensure the state is prepared to efficiently respond to disasters and emergencies, Page 6 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-593 ORIGINAL HB NO. 759 1 the Governor's Office of Homeland Security and Emergency Preparedness, referred 2 to in this Section as "the office", shall utilize the processes established in this 3 Section. 4 B. The disaster and emergency funding board is established, composed of 5 the president of the Senate, the speaker of the House of Representatives, and the 6 chairmen of the House Appropriations Committee and the Senate Finance 7 Committee. 8 C. It is the intent of the legislature that the first recourse shall be to funds 9 regularly appropriated to state agencies. If the governor finds that the demands 10 placed upon these funds in coping with a particular disaster are unreasonably great, 11 with the concurrence of the disaster and emergency funding board, he may make 12 funds available by transferring and expending monies appropriated for other 13 purposes or may borrow for a term not to exceed two years from the United States 14 government or any other public or private source. Action pursuant to this Subsection 15 shall be only with the concurrence of the disaster and emergency funding board. 16 D. Nothing contained in this Section shall be construed to limit the 17 governor's authority to apply for, administer, and expend any grants, gifts, or 18 payments in aid of homeland security, disaster prevention, preparedness, response, 19 or recovery. The office shall complete an annual procurement needs assessment by 20 January first of each year. The office shall prepare a report indicating the amount 21 of procured goods and services utilized for disaster preparedness and response and 22 the number of emergency contracts entered into for disaster response in the 23 preceding three calendar years. The assessment shall be used to determine the 24 number, types, and amounts of prepositioned contracts necessary for the ensuing 25 fiscal year. 26 C.(1) The office shall have prepositioned contracts in place for the ensuing 27 fiscal year no later than June thirtieth of each year. However, for the first year 28 following the effective date of this Section, the prepositioned contracts shall be in 29 place no latter than September 1, 2022. Page 7 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-593 ORIGINAL HB NO. 759 1 (2) The prepositioned contracts shall include, but not be limited to, the 2 following: 3 (a) Transportation services for evacuation purposes. 4 (b) Temporary housing and sheltering. 5 (c) Generators. 6 (d) Emergency food supplies, water, and ice. 7 (e) Debris removal. 8 (f) Professional services for disaster recovery, grant management, and 9 administration. 10 (3) The office shall prioritize post-disaster delivery time when letting 11 prepositioned contracts. 12 (4) All prepositioned contracts shall be procured in compliance with state 13 and federal procurement regulations. 14 D.(1) The office shall develop a program to provide additional funding and 15 resources for temporary housing and shelter assistance to parish governing 16 authorities during the first fourteen days following a presidential declaration of a 17 major disaster or emergency. The office shall utilize prepositioned contracts for 18 temporary housing and shelter and professional services for disaster recovery, grant 19 management, and administration for the program. 20 (2) A parish governing authority shall be eligible for participation in the 21 program if all of the following conditions are met: 22 (a) The parish is included in a presidential declaration of a major disaster or 23 an emergency. 24 (b) The parish governing authority submits a request to the office within 25 seven days after the presidential disaster declaration. 26 (c) The parish governing authority has submitted the certification provided 27 in Subsection F of this Section. 28 (3) If the parish governing authority submits the certification to waive parish 29 land use regulations but the municipal governing authority fails to submit the Page 8 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-593 ORIGINAL HB NO. 759 1 certification, the temporary housing assistance shall only apply for parish residents 2 residing outside of the municipality. 3 E.(1) Prior to August 1, 2022, the office shall develop a process for parishes 4 and municipalities to certify that the local governing authority will waive any land 5 use regulations relative to permitting for mobile homes, recreational vehicles, and 6 other temporary housing to allow for expedited temporary housing assistance in the 7 parish. The office shall provide for a mechanism for municipalities and parishes to 8 submit the certification through the state emergency management software system. 9 (2)(a) During the 2022 calendar year, each parish and municipality shall 10 submit the certification or opt out of participating in the program no later than 11 September first. 12 (b) Beginning in 2026, and each four years thereafter, the parish and 13 municipality shall submit the certification or opt out of participating in the program 14 no later than June thirtieth. 15 F. No later than July fifteenth of each year, the office shall submit a report 16 to the Joint Legislative Committee on the Budget and the House and Senate select 17 committees on homeland security. The report shall include all of the following: 18 (1) A list of all prepositioned contracts entered into pursuant to this Section 19 for the current fiscal year. 20 (2) The procurement assessment report required pursuant to Subsection B 21 of this Section. 22 (3) A list of all emergency contracts let without competition pursuant to an 23 executive order issued by the authority granted in R.S. 29:724 for the previous fiscal 24 year. 25 (4) A list of all parishes and municipalities in the state and whether or not 26 the governing authority has submitted the certification provided in Subsection E of 27 this Section. 28 * * * Page 9 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-593 ORIGINAL HB NO. 759 1 Section 2. R.S. 39:1617, 1619(B), and 1620 are hereby amended and reenacted and 2R.S. 39:1572(B)(7) and 1621(D) are hereby enacted to read as follows: 3 §1572. Exemptions 4 * * * 5 B. Exemptions from central purchasing only. Unless otherwise provided in 6 R.S. 39:1554, exemptions from central purchasing do not apply to professional 7 services, personal services, consulting services, social services, information 8 technology, or vehicle acquisition. Unless otherwise ordered by regulation of the 9 commissioner with approval of the governor, the following governmental bodies 10 shall not be required to conduct procurement through the central purchasing agency, 11 but shall nevertheless be subject to the requirements of this Chapter and the 12 regulations promulgated by the commissioner: 13 * * * 14 (7) The Governor's Office of Homeland Security and Emergency 15 Preparedness for prepositioned purchasing contracts let pursuant to R.S. 29:731. 16 * * * 17 §1617. Professional service contracts 18 Contracts Except for disaster recovery, grant management, and administration 19 contracts let pursuant to R.S. 29:731, contracts for professional services may be 20 awarded without the necessity of competitive bidding or competitive negotiation. 21 * * * 22 §1619. Social service contracts 23 * * * 24 B. Contracts Except for disaster recovery, grant management, and 25 administration contracts let pursuant to R.S. 29:731, contracts for social services may 26 be awarded without the necessity of competitive bidding or competitive negotiation 27 only if the state chief procurement officer determines that any one of the following 28 conditions is present. The using agency shall document the condition present and Page 10 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-593 ORIGINAL HB NO. 759 1 such documentation shall be part of the contract record submitted to the office of 2 state procurement. 3 * * * 4 §1620. Personal service contracts 5 Contracts Except for disaster recovery, grant management, and administration 6 contracts let pursuant to R.S. 29:731, contracts for personal services may be awarded 7 without the necessity of competitive bidding or competitive negotiation. 8 §1621. Consulting service contracts 9 * * * 10 D. The provisions of this Section shall not apply to disaster recovery, grant 11 management, and administration contracts let pursuant to R.S. 29:731. 12 * * * 13 Section 3. R.S. 29:726(E)(29) is hereby repealed in its entirety. 14 Section 4. This Act shall become effective upon signature by the governor or, if not 15signed by the governor, upon expiration of the time for bills to become law without signature 16by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 17vetoed by the governor and subsequently approved by the legislature, this Act shall become 18effective on the day following such approval. 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 759 Original 2022 Regular Session Schexnayder Abstract: Provides relative to the operational and financial procedures of the Governor's Office of Homeland Security and Emergency Preparedness. Present law (R.S. 29:725.5) provides for the assistant deputy director of interoperability and gives the director the power to promulgate rules and regulations. Proposed law retains present law. Proposed law provides that the assistant deputy director of interoperability shall initiate, through the notice process provided by present law (R.S. 49:953.1), the promulgation of administrative rules required by present law on or before Aug. 1, 2022. Page 11 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-593 ORIGINAL HB NO. 759 Present law (R.S. 29:726) provides for the authorities and responsibilities of the Governor's Office of Homeland Security and Emergency Preparedness (GOHSEP). Present law provides that GOHSEP shall take an integral part in the development and revision of local and interjurisdictional emergency plans prepared under present law. Provides that GOHSEP shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions, their homeland security and emergency preparedness agencies, and interjurisdictional planning and homeland security and emergency preparedness agencies. Proposed law retains present law and adds that GOHSEP shall provide expert training and assistance to political subdivisions, their homeland security and emergency preparedness agencies, and interjurisdictional planning and homeland security and emergency preparedness agencies. Present law provides that GOHSEP shall either directly or through authorized assignment to another state agency or department include a proposed post-disaster response and recovery component in the homeland security and state emergency operations plan that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of post-disaster response and recovery activities. Present law provides that the proposed post-disaster response and recovery component shall, at a minimum, include all of the following: (1)Establishment of the state's plan for post-disaster response and recovery. (2)Establishment of procedures for activating the state's plan. (3)Establishment of policies used to guide post-disaster response and recovery activities. (4)Description of the initial and continuous post-disaster response and recovery actions. (5)Identification of the roles and responsibilities of each involved agency and organization. (6)Establishment of a comprehensive communications plan. (7)Establishment of procedures for monitoring mutual aid agreements. (8)Provision for rapid impact assessment teams. (9)Procedures to ensure the availability of an effective statewide urban search and rescue program coordinated with fire and emergency responders. (10)Procedures to ensure the existence of a comprehensive statewide medical care and relief plan directed by the La. Dept. of Health. (11)Establishment of systems for coordinating volunteers and accepting and distributing donated funds and goods. Proposed law retains present law and adds that GOHSEP's proposed post-disaster response and recovery component shall also include the establishment of a mandatory number of full- time employees in each parish office of homeland security and emergency preparedness as follows: (1)Two full-time employees if the parish population is under 50,000 people. Page 12 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-593 ORIGINAL HB NO. 759 (2)Three full-time employees if the parish population is over 50,000 people but not more than 149,000 people. (3)Four full-time employees if the parish population is at least 150,000 people or more. Proposed law provides that the post-disaster response and recovery component shall include an official state emergency management software system which shall be accessible to all 64 parishes, state and federal agencies, and approved non-governmental emergency management partners to monitor and manage activities before, during, and after an emergency or disaster. Proposed law provides that the system shall include all of the following capabilities: (1)Situational reporting. (2)Daily reports. (3)A process for requesting resources and preliminary damage assessments in the aftermath of a disaster. (4)Retention of financial data. (5)Intelligence reporting. Proposed law provides that no later than Aug. 1, 2022, the system shall have the capability to allow the office to update the status of all requests for resources and services continuously and make the information simultaneously available to all users. Present law provides that GOHSEP shall propose the assignment of lead and support responsibilities to state agencies and personnel for emergency support functions and other support activities. Provides that GOHSEP shall provide assistance to parish offices of emergency preparedness in the preparation of parish emergency operations plans. Proposed law provides that the assistance from GOHSEP shall include, but not be limited to, the implementation of a mandatory disaster preparation and recovery training program to be completed by every parish president, mayor, and local official before June 1st of each calendar year. Provides that for the first year following the effective date of proposed law, the training shall be completed no later than Sep. 1, 2022. Proposed law provides that the education and training required pursuant to proposed law may be received either in person or via the internet through training and education materials approved by the office. Proposed law provides that the GOHSEP shall ensure that each parish office of emergency preparedness is notified of the training program. Provides that the agency head, or his designee, shall be responsible for maintaining records of the compliance of each parish office with the mandatory training requirement and that each public servant's record of compliance shall be a public record and available to the public in accordance with the Public Records Law. Proposed law provides that the content, structure, accessibility, record maintenance, and all other related matters of the training program shall be developed and promulgated by the office in accordance with the rules and regulations of the Administrative Procedure Act. Proposed law provides that GOHSEP shall initiate, through the notice process provided by present law (R.S. 49:953.1), the promulgation of administrative rules required by proposed law on or before Aug. 1, 2022. Page 13 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-593 ORIGINAL HB NO. 759 Present law provides that GOHSEP shall study the feasibility of pre-bidding of contracts to provide for disaster response services such as but not limited to transportation services for evacuation purposes, housing or temporary and long-term shelter for evacuees, provision of emergency food supplies, water and ice, and debris removal and enter into such contracts deemed to be in the best interest of the state to preserve and protect life, health, safety, and property of all citizens. Proposed law repeals present law. Present law (R.S. 29:729) provides for the authorities and responsibilities of parish homeland security and emergency preparedness agencies. Present law provides that a parish office of homeland security and emergency preparedness shall assist political subdivisions, their homeland security and emergency preparedness agencies and interjurisdictional homeland security and emergency preparedness agencies, in establishing and operating training programs and programs of information. Proposed law retains present law and adds that a parish office of homeland security and emergency preparedness shall administer a mandatory disaster preparation and recovery training program to be completed by every political subdivision leader before June 1st of each calendar year. Provides that for the first year following the effective date of proposed law, the training shall be complete no later than Sep. 1, 2022. Proposed law provides that the education and training required pursuant to proposed law may be received either in person or via the internet through training and education materials approved by GOHSEP. Proposed law provides that the parish office of homeland security and emergency preparedness shall ensure that each political subdivision is notified of the training program. Provides that the parish office head, or his designee, shall be responsible for maintaining records of the compliance of each parish office with the mandatory training requirement. Proposed law provides that each public servant's record of compliance shall be a public record and available to the public in accordance with the Public Records Law. Present law provides that a parish office of homeland security and emergency preparedness shall cooperate with the state and federal government and any public or private agency or entity in achieving any purpose of present law and in implementing programs for disaster emergency mitigation, preparation, response, and recovery. Proposed law retains present law and adds that implementation measures shall include providing continuous information and accessibility to parish presidents, mayors, and local officials of the official state emergency management software system as developed and promulgated by GOHSEP in accordance with the rules and regulations of the Administrative Procedure Act. Present law (R.S. 29:731) provides for financing. Proposed law amends present law to provide for prepositioned contracts for disaster and emergency preparedness and temporary housing assistance. Present law provides that it is the intent of the legislature and declared to be the policy of the state that funds to meet disasters and emergencies shall always be available. Proposed law amends present law and adds that resources to meet disasters and emergencies shall always be available. Provides that GOHSEP shall utilize the processes established in proposed law. Page 14 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-593 ORIGINAL HB NO. 759 Present law provides that the disaster and emergency funding board is established, composed of the president of the Senate, the speaker of the House of Representatives, and the chairmen of the House Appropriations Committee and the Senate Finance Committee. Proposed law repeals present law. Present law provides that it is the intent of the legislature that the first recourse shall be to funds regularly appropriated to state agencies. Provides if the governor finds that the demands placed upon these funds in coping with a particular disaster are unreasonably great, with the concurrence of the disaster and emergency funding board, he may make funds available by transferring and expending monies appropriated for other purposes or may borrow for a term not to exceed two years from the U.S. government or any other public or private source. Provides that action pursuant to present law shall be only with the concurrence of the disaster and emergency funding board. Proposed law repeals present law. Present law provides that nothing contained in present law shall be construed to limit the governor's authority to apply for, administer, and expend any grants, gifts, or payments in aid of homeland security, disaster prevention, preparedness, response, or recovery. Proposed law repeals present law and provides that GOHSEP shall complete an annual procurement needs assessment by Jan. 1st of each year. Provides that GOHSEP shall prepare a report indicating the amount of procured goods and services utilized for disaster preparedness and response and the number of emergency contracts entered into for disaster response in the preceding three calendar years. Provides that the assessment shall be used to determine the number, types, and amounts of prepositioned contracts necessary for the ensuing fiscal year. Proposed law provides that GOHSEP shall have prepositioned contracts in place for the ensuing fiscal year no later than June 30th of each year. Provides that for the first year following the effective date of proposed law, the prepositioned contracts shall be in place no latter than Sep. 1, 2022. Proposed law provides that the prepositioned contracts shall include, but not be limited to, the following: (1)Transportation services for evacuation purposes. (2)Temporary housing and sheltering. (3)Generators. (4)Emergency food supplies, water, and ice. (5)Debris removal. (6)Professional services for disaster recovery, grant management, and administration. Proposed law provides that GOHSEP shall prioritize post-disaster delivery time when letting prepositioned contracts. Proposed law provides that all prepositioned contracts shall be procured in compliance with state and federal procurement regulations. Proposed law provides GOHSEP shall develop a program to provide additional funding and resources for temporary housing and shelter assistance to parish governing authorities during the first 14 days following a presidential declaration of a major disaster or emergency. Page 15 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-593 ORIGINAL HB NO. 759 Provides that the office shall utilize prepositioned contracts for temporary housing and shelter and professional services for disaster recovery, grant management, and administration for the program. Proposed law provides that a parish governing authority shall be eligible for participation in the program if all of the following conditions are met: (1)The parish is included in a presidential declaration of a major disaster or an emergency. (2)The parish governing authority submits a request to the office within seven days after the presidential disaster declaration. (3)The parish governing authority has submitted the certification provided in proposed law. Proposed law provides that if the parish governing authority submits the certification to waive parish land use regulations but the municipal governing authority fails to submit the certification, the temporary housing assistance shall only apply for parish residents residing outside of the municipality. Proposed law provides that prior to Aug. 1, 2022, the office shall develop a process for parishes and municipalities to certify that the local governing authority will waive any land use regulations relative to permitting for mobile homes, recreational vehicles, and other temporary housing to allow for expedited temporary housing assistance in the parish. Provides that the office shall provide for a mechanism for municipalities and parishes to submit the certification through the state emergency management software system. Proposed law provides that during the 2022 calendar year, each parish and municipality shall submit the certification or opt out of participating in the program no later than Sep. 1st. Proposed law provides that beginning in 2026, and each four years thereafter, the parish and municipality shall submit the certification or opt out of participating in the program no later than June 30th. Proposed law provides that no later than July 15th of each year, GOHSEP shall submit a report to the Joint Legislative Committee on the Budget and the House and Senate select committees on homeland security. Provides that the report shall contain the following information: (1)A list of all prepositioned contracts let pursuant to proposed law for the current fiscal year. (2)The procurement assessment report required pursuant to proposed law. (3)A list of all emergency contracts let without competition pursuant to an executive order issued by the authority granted in present law (R.S. 29:724) for the previous fiscal year. (4)A list of all parishes and municipalities in the state and whether or not the governing authority has submitted the certification provided in proposed law. Present law (R.S. 39:1572) provides for exemptions from central purchasing. Proposed law retains present law and adds GOHSEP for prepositioned purchasing contracts entered into pursuant to proposed law (R.S. 29:731). Page 16 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-593 ORIGINAL HB NO. 759 Present law (R.S. 39:1617, 1619, 1620, and 1621) provides that contracts for professional services, social services, personal services, and consulting services may be awarded without the necessity of competitive bidding or competitive negotiation. Proposed law amends present law to exempt disaster recovery, grant management, and administration contracts let pursuant to proposed law (R.S. 29:731). Effective upon signature of governor or lapse of time for gubernatorial action. (Amends R.S. 29:725.5(A), 726(C), (E)(15),(16), (25)-(28), 729(E)(6) and (12), and 731 and R.S. 39:1617, 1619(B), and 1620; Adds R.S. 39:1572(B)(7) and 1621(D); Repeals R.S. 29:731(E)(29)) Page 17 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions.