1 | 1 | | 1 of 1 |
---|
2 | 2 | | SENATE DOCKET, NO. 2598 FILED ON: 1/17/2025 |
---|
3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1668 |
---|
4 | 4 | | The Commonwealth of Massachusetts |
---|
5 | 5 | | _________________ |
---|
6 | 6 | | PRESENTED BY: |
---|
7 | 7 | | William J. Driscoll, Jr. |
---|
8 | 8 | | _________________ |
---|
9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
---|
10 | 10 | | Court assembled: |
---|
11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
---|
12 | 12 | | An Act updating emergency management. |
---|
13 | 13 | | _______________ |
---|
14 | 14 | | PETITION OF: |
---|
15 | 15 | | NAME:DISTRICT/ADDRESS :William J. Driscoll, Jr.Norfolk, Plymouth and BristolSteven George Xiarhos5th Barnstable3/6/2025Sal N. DiDomenicoMiddlesex and Suffolk3/6/2025Michael D. BradySecond Plymouth and Norfolk3/6/2025John F. KeenanNorfolk and Plymouth3/6/2025Joanne M. ComerfordHampshire, Franklin and Worcester3/7/2025 1 of 16 |
---|
16 | 16 | | SENATE DOCKET, NO. 2598 FILED ON: 1/17/2025 |
---|
17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1668 |
---|
18 | 18 | | By Mr. Driscoll, a petition (accompanied by bill, Senate, No. 1668) of William J. Driscoll, Jr., |
---|
19 | 19 | | Steven George Xiarhos, Sal N. DiDomenico, Michael D. Brady and other members of the |
---|
20 | 20 | | General Court for legislation to establish the Massachusetts emergency management agency. |
---|
21 | 21 | | Public Safety and Homeland Security. |
---|
22 | 22 | | The Commonwealth of Massachusetts |
---|
23 | 23 | | _______________ |
---|
24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
---|
25 | 25 | | (2025-2026) |
---|
26 | 26 | | _______________ |
---|
27 | 27 | | An Act updating emergency management. |
---|
28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
---|
29 | 29 | | of the same, as follows: |
---|
30 | 30 | | 1 SECTION 1. The General Laws are hereby amended by inserting after chapter 22E the |
---|
31 | 31 | | 2following chapter :- |
---|
32 | 32 | | 3 Chapter 22F. The Massachusetts Emergency Management Agency |
---|
33 | 33 | | 4 Section 1: Definitions |
---|
34 | 34 | | 5 Section 1. As used in this chapter, unless the context clearly otherwise requires, the |
---|
35 | 35 | | 6following words shall have the following meanings: |
---|
36 | 36 | | 7 “Agency”, Massachusetts emergency management agency. |
---|
37 | 37 | | 8 "Director", the director of the Massachusetts emergency management agency. 2 of 16 |
---|
38 | 38 | | 9 "Emergency", the imminent threat or occurrence of severe or widespread loss of life, |
---|
39 | 39 | | 10injury, or other health impacts, property damage or destruction, social or economic disruption, or |
---|
40 | 40 | | 11environmental degradation from natural, technological, or human-made causes. |
---|
41 | 41 | | 12 "Emergency management functions", any act taken to prepare for, prevent, respond to, |
---|
42 | 42 | | 13recover from and mitigate against an emergency. Said functions shall include, but not be limited |
---|
43 | 43 | | 14to, the following: firefighting and police services; medical and health services; search and rescue |
---|
44 | 44 | | 15services; engineering services; communications between first responders, incident commanders, |
---|
45 | 45 | | 16and other public officials; evacuation of persons from stricken areas; radiological, chemical or |
---|
46 | 46 | | 17other special weapons; emergency transportation; existing or properly assigned functions of plant |
---|
47 | 47 | | 18protection; temporary restoration of public utility services; emergency welfare services; |
---|
48 | 48 | | 19dissemination of information to the general public; animal protection; coordination of volunteers |
---|
49 | 49 | | 20and donations; and other functions. Functions for which military forces other than the National |
---|
50 | 50 | | 21Guard are primarily responsible are not covered by this definition. |
---|
51 | 51 | | 22 "Emergency response worker", any individual authorized to perform emergency |
---|
52 | 52 | | 23management functions or affiliated with an organization tasked with performing emergency |
---|
53 | 53 | | 24management functions. |
---|
54 | 54 | | 25 “Mass care facility", any facility which provides protection and basic human services to |
---|
55 | 55 | | 26citizens and evacuees until the threat of the emergency has passed. |
---|
56 | 56 | | 27 "Nuclear power plant areas", any community located within a ten-mile radius of a nuclear |
---|
57 | 57 | | 28power plant, whether or not said power plant is located within the commonwealth. |
---|
58 | 58 | | 29 "Political subdivision", a city, town, county or other governmental entity authorized or |
---|
59 | 59 | | 30created by law, including public corporations and authorities. 3 of 16 |
---|
60 | 60 | | 31 "Secretary", the secretary of public safety and security. |
---|
61 | 61 | | 32 Section 2: Responsibilities and Duties |
---|
62 | 62 | | 33 Section 2. There shall be within the executive office of public safety and security an |
---|
63 | 63 | | 34agency to be known as the Massachusetts emergency management agency. The agency shall |
---|
64 | 64 | | 35coordinate federal, state, local, voluntary and private resources during emergencies in the |
---|
65 | 65 | | 36commonwealth. The agency's responsibilities shall include,, developing and maintaining |
---|
66 | 66 | | 37effective emergency response plans to all hazards, disasters or threats; training emergency |
---|
67 | 67 | | 38response workers to protect the public; providing information to the citizens of the |
---|
68 | 68 | | 39commonwealth; coordinating the response to emergencies and disasters for the commonwealth; |
---|
69 | 69 | | 40responding to emergency scenes to provide subject matter expertise and resource assistance; |
---|
70 | 70 | | 41maintaining and managing the commonwealth’s emergency supply stockpiles, assisting |
---|
71 | 71 | | 42individuals, families, businesses and communities to prepare for, respond to, mitigate against, |
---|
72 | 72 | | 43and recover from emergencies, and other tasks assigned to the agency by the governor related the |
---|
73 | 73 | | 44commonwealth's emergency preparedness, management, and response. |
---|
74 | 74 | | 45 Section 3: State Director of Emergency Management, Duties and Powers |
---|
75 | 75 | | 46 Section 3. (a) The governor, upon the recommendation of the secretary, shall appoint the |
---|
76 | 76 | | 47director, who shall be qualified by training and experience in emergency management. The |
---|
77 | 77 | | 48director shall serve as the executive and administrative head of the agency and as the governor’s |
---|
78 | 78 | | 49principal assistant for directing and coordinating emergency management activities. The director |
---|
79 | 79 | | 50shall devote their full time to the duties set forth under this chapter and shall not hold any other |
---|
80 | 80 | | 51public office. The position of director shall be classified in accordance with section 45 of chapter |
---|
81 | 81 | | 5230 of the General Laws and the salary shall be determined in accordance with section 46C of 4 of 16 |
---|
82 | 82 | | 53said chapter 30. The director shall coordinate the activities of all organizations for emergency |
---|
83 | 83 | | 54management within the commonwealth. The director shall cooperate and maintain liaison with |
---|
84 | 84 | | 55emergency management agencies of other states and the federal government, and have such |
---|
85 | 85 | | 56additional authority, duties and responsibilities authorized by this chapter and as may be |
---|
86 | 86 | | 57prescribed by the governor. The director shall be responsible to the governor and the secretary |
---|
87 | 87 | | 58for carrying out the program of emergency management for the commonwealth. |
---|
88 | 88 | | 59 (b) The director may appoint such experts and other assistants as the work of the agency |
---|
89 | 89 | | 60may require, may remove them as needed, and may make such expenditures subject to available |
---|
90 | 90 | | 61funding as may be necessary in order to execute effectively the purposes of this chapter. Such |
---|
91 | 91 | | 62employees shall not be subject to chapter thirty-one of the General Laws. The director may, on |
---|
92 | 92 | | 63behalf of the agency for official use, accept gifts, contributions, grants and bequests of funds or |
---|
93 | 93 | | 64other property from individuals, foundations, corporations and federal, state or other |
---|
94 | 94 | | 65governmental bodies, which funds or property may be expended or used with the approval of the |
---|
95 | 95 | | 66secretary to discharge the department's responsibilities or to conduct its programs, without |
---|
96 | 96 | | 67further appropriation. The director may organize the agency in a manner to achieve its statutory |
---|
97 | 97 | | 68responsibilities, including the creation of appropriate departments and divisions. |
---|
98 | 98 | | 69 Section 4: Executive and Administrative Authority |
---|
99 | 99 | | 70 Section 4. (a) The governor shall have general direction and control of the agency, and |
---|
100 | 100 | | 71shall be responsible for carrying out the provisions of this chapter, and may assume operational |
---|
101 | 101 | | 72control over any part or all parts of emergency management functions within the commonwealth. |
---|
102 | 102 | | 73The governor may at the request of the director authorize the employment of such personnel and |
---|
103 | 103 | | 74may make such expenditures as may be necessary to carry out the purposes of this chapter. The 5 of 16 |
---|
104 | 104 | | 75governor may cooperate with the federal government and with other states and private agencies |
---|
105 | 105 | | 76in all matters pertaining to the protection and defense of the commonwealth and the nation, and |
---|
106 | 106 | | 77shall be tasked with the creation of a comprehensive plan and program for the commonwealth as |
---|
107 | 107 | | 78developed by the director, and in accordance with said plan and program may institute training |
---|
108 | 108 | | 79and public information programs and take all other preparatory steps, including the partial or full |
---|
109 | 109 | | 80mobilization of all public organizations in advance of actual emergencies as may be deemed |
---|
110 | 110 | | 81necessary. The governor may direct the secretary or director to make studies and surveys to |
---|
111 | 111 | | 82ascertain the capabilities of the commonwealth for disaster prevention, response, recovery, |
---|
112 | 112 | | 83mitigation and preparedness, and may delegate any administrative authority vested under this |
---|
113 | 113 | | 84chapter to the secretary or director. |
---|
114 | 114 | | 85 (b) The governor shall have the power and authority to cooperate with the federal |
---|
115 | 115 | | 86authorities and with the governors of other states in matters pertaining to emergency |
---|
116 | 116 | | 87preparedness, prevention, management, and response, and also so to cooperate with the military |
---|
117 | 117 | | 88and naval forces of the United States and other states, and to take any measures which he or she |
---|
118 | 118 | | 89may deem proper to carry into effect any request of the president of the United States for action |
---|
119 | 119 | | 90looking to the national defense or to the public safety. The governor may receive and allocate |
---|
120 | 120 | | 91money, supplies, equipment or material granted, loaned or allocated by the federal government |
---|
121 | 121 | | 92or other states to the commonwealth or any of its agencies or political subdivisions to prepare |
---|
122 | 122 | | 93for, respond to, and recover from and mitigate against an emergency. |
---|
123 | 123 | | 94 (c) In reasonable anticipation of an emergency, the governor may exercise any power, |
---|
124 | 124 | | 95authority or discretion conferred on them under this chapter by issuing executive orders or |
---|
125 | 125 | | 96directives to the Massachusetts emergency management agency, or other department or agency |
---|
126 | 126 | | 97of the commonwealth or any political subdivision thereof, or other person. Any department, 6 of 16 |
---|
127 | 127 | | 98agency or person so directed shall act in conformity with any orders or directives prescribed by |
---|
128 | 128 | | 99the governor. |
---|
129 | 129 | | 100 (d) Upon the occurrence or imminent threat of occurrence of any emergency, the |
---|
130 | 130 | | 101governor may issue a proclamation setting forth a state of emergency. Said proclamation shall |
---|
131 | 131 | | 102serve to activate applicable emergency response, mitigation, and recovery plans. The state of |
---|
132 | 132 | | 103emergency may extend throughout the commonwealth or may pertain to one or more particular |
---|
133 | 133 | | 104geographic areas. Said proclamation shall be authority for the deployment and use of any state, |
---|
134 | 134 | | 105local, non-profit, or private forces to which the plans apply, and for the use or distribution of any |
---|
135 | 135 | | 106supplies, equipment, materials, or facilities assembled, stockpiled, or arranged to be made |
---|
136 | 136 | | 107available. If the governor notes in the proclamation that the emergency is one that is detrimental |
---|
137 | 137 | | 108to the public health, the commissioner of public health shall have those authorities necessary to |
---|
138 | 138 | | 109prevent disease and maintain public health set forth in section 2A of Chapter 17 of the General |
---|
139 | 139 | | 110Laws. |
---|
140 | 140 | | 111 (e) After the governor issues a proclamation setting forth a state of emergency, the |
---|
141 | 141 | | 112governor may possess, use and employ any property, real or personal, for such time and in such |
---|
142 | 142 | | 113manner as he or she shall deem necessary to protect the commonwealth and its citizens. The |
---|
143 | 143 | | 114emergency management or public safety authorities who seize property during an emergency |
---|
144 | 144 | | 115shall maintain a permanent record of such property and its condition when seized, and shall |
---|
145 | 145 | | 116furnish a true copy of the record to the owner of the seized property The commonwealth shall |
---|
146 | 146 | | 117pay just compensation to the owner of any facilities or materials that are permanently taken or |
---|
147 | 147 | | 118permanently appropriated by a commonwealth authority during an emergency. The |
---|
148 | 148 | | 119commonwealth shall not pay just compensation to the owner of any facilities or materials that |
---|
149 | 149 | | 120said authorities close, evacuate, decontaminate, or destroy when there is reasonable cause to 7 of 16 |
---|
150 | 150 | | 121believe that the facilities or materials endanger the public during an emergency. The amount of |
---|
151 | 151 | | 122compensation shall be calculated in the same manner as compensation due for taking of property |
---|
152 | 152 | | 123pursuant to non-emergency eminent domain procedures, as provided in chapter 79 of the General |
---|
153 | 153 | | 124Laws. |
---|
154 | 154 | | 125 (f) The declaration of emergency shall terminate when so declared by the governor, or |
---|
155 | 155 | | 126automatically after 60 days, unless renewed by the governor. Each renewal shall terminate after |
---|
156 | 156 | | 12760 days unless renewed for an additional 60 days, or unless sooner terminated. |
---|
157 | 157 | | 128 Section 5: State of Emergency Declaration |
---|
158 | 158 | | 129 Section 5. (a) During a declared state of emergency, the governor, in addition to any other |
---|
159 | 159 | | 130authority vested in them by law, shall have and may exercise any and all authority over persons |
---|
160 | 160 | | 131and property necessary or expedient to protect the commonwealth and its citizens. Without |
---|
161 | 161 | | 132limiting the foregoing, the governor shall have and may exercise the following specific authority |
---|
162 | 162 | | 133to: |
---|
163 | 163 | | 134 (1) Suspend the provisions of any statute or the orders or regulations of any state agency, |
---|
164 | 164 | | 135if compliance with the provisions of any such statute, order, or regulation would in any way |
---|
165 | 165 | | 136prevent, hinder, or delay necessary action in coping with the emergency. Any provision of any |
---|
166 | 166 | | 137statute, order, or regulation inconsistent with an order issued or promulgated during a state of |
---|
167 | 167 | | 138emergency under this chapter shall be inoperative while such a declaration is in effect. |
---|
168 | 168 | | 139 (2) Employ every agency and all persons of the government of the commonwealth or of |
---|
169 | 169 | | 140any of its political subdivisions to protect the lives and property of its citizens and to enforce the |
---|
170 | 170 | | 141law, and utilize all available resources of the state government and of its political subdivisions as |
---|
171 | 171 | | 142reasonably necessary to cope with the emergency. The governor may transfer the direction, 8 of 16 |
---|
172 | 172 | | 143personnel, or functions of commonwealth departments and agencies or units thereof for the |
---|
173 | 173 | | 144purpose of performing or facilitating emergency management functions. The governor may |
---|
174 | 174 | | 145assign to any state agency any activity concerned with disaster preparedness and relief, and it |
---|
175 | 175 | | 146shall become the duty of such agency to undertake and carry out such activity on behalf of the |
---|
176 | 176 | | 147commonwealth. All persons employed by the commonwealth or any of its political subdivisions |
---|
177 | 177 | | 148who are acting as emergency response workers shall have the same powers, duties, immunities |
---|
178 | 178 | | 149and privileges as if they were performing those duties for the commonwealth or within any of its |
---|
179 | 179 | | 150political subdivisions. |
---|
180 | 180 | | 151 (3) Order that the members of the police and fire forces of the commonwealth or its |
---|
181 | 181 | | 152political subdivisions, the National Guard, and other authorized agents and emergency response |
---|
182 | 182 | | 153workers performing emergency management functions, including but not limited to health agents |
---|
183 | 183 | | 154authorized under section 30 of chapter 111 of the General Laws, and animal control officers, |
---|
184 | 184 | | 155while in uniform or upon presentation of government-issued identification, may enter private |
---|
185 | 185 | | 156property for the sole purpose of enforcing orders or directives issued by or under authority of the |
---|
186 | 186 | | 157governor. Nothing in this section shall be construed or deemed to prohibit any entry upon private |
---|
187 | 187 | | 158property otherwise authorized by law. |
---|
188 | 188 | | 159 (4) Allow health care practitioners who are licensed in another state and whose license is |
---|
189 | 189 | | 160in good standing to provide health care in any area affected by the emergency. |
---|
190 | 190 | | 161 (5) Notwithstanding the provisions of chapter 32 of the General Laws or any other |
---|
191 | 191 | | 162applicable law, retired employees of the commonwealth who previously served in emergency |
---|
192 | 192 | | 163management or related roles may be temporarily employed by the agency to perform disaster |
---|
193 | 193 | | 164emergency operations functions during a declared state of emergency or other urgent operational 9 of 16 |
---|
194 | 194 | | 165needs. Such temporary employment shall not be subject to the restrictions on earnings or hours |
---|
195 | 195 | | 166worked imposed by chapter 32, provided that the duration of such employment does not exceed |
---|
196 | 196 | | 167the period necessary to address the emergency or operational need. Retired personnel engaged |
---|
197 | 197 | | 168under this section shall retain their status as retirees and shall not accrue additional creditable |
---|
198 | 198 | | 169service or retirement benefits as a result of such temporary employment. Compensation for such |
---|
199 | 199 | | 170personnel shall be established by the agency and shall not exceed their pre-retirement rate of pay. |
---|
200 | 200 | | 171 (b) Whoever violates any provision of any order or directive issued by the governor |
---|
201 | 201 | | 172pursuant to sections 5 or 6 of this chapter shall be punished by imprisonment of not more than |
---|
202 | 202 | | 173one year, or by a fine of not more than five hundred dollars, or both, unless the conduct in |
---|
203 | 203 | | 174question is covered by existing law and sets forth a greater punishment for the violation. |
---|
204 | 204 | | 175 Section 7: State Emergency Operations Center |
---|
205 | 205 | | 176 Section 7. (a) The agency shall establish a State Emergency Operations Center (SEOC) at |
---|
206 | 206 | | 177a facility to serve as the central coordination hub for all emergency management operations |
---|
207 | 207 | | 178within the commonwealth. The SEOC shall serve as the primary location for state-level decision- |
---|
208 | 208 | | 179making, resource allocation, and operational coordination during emergencies and disasters. The |
---|
209 | 209 | | 180SEOC shall be responsible for ensuring a unified and effective response by coordinating efforts |
---|
210 | 210 | | 181among federal, state, local, private sector, and nonprofit entities. It shall also oversee the |
---|
211 | 211 | | 182implementation of the Massachusetts Comprehensive Emergency Management Plan during |
---|
212 | 212 | | 183incidents requiring a state-level response. |
---|
213 | 213 | | 184 (b) Each state agency designated as an emergency response agency by the director shall |
---|
214 | 214 | | 185assign a minimum of two qualified personnel to serve as liaison officers to the SEOC. These |
---|
215 | 215 | | 186liaison officers shall be tasked with facilitating communication, resource management, and 10 of 16 |
---|
216 | 216 | | 187operational support between their respective agencies and the SEOC. The SEOC shall maintain |
---|
217 | 217 | | 188operational readiness at all times and shall be activated by the governor or director during |
---|
218 | 218 | | 189emergencies, disasters, and other significant incidents requiring state-level coordination. |
---|
219 | 219 | | 190 Section 8: State Emergency Management Plan |
---|
220 | 220 | | 191 Section 8. The director shall establish and publish a comprehensive emergency |
---|
221 | 221 | | 192management plan for the commonwealth. This plan shall establish the framework in which the |
---|
222 | 222 | | 193emergency response and recovery actions of all levels of government can be effectively |
---|
223 | 223 | | 194integrated and coordinated. The plan shall be an all-hazards document and shall provide a |
---|
224 | 224 | | 195comprehensive approach for planning for, responding to and recovering from an emergency. The |
---|
225 | 225 | | 196plan shall encompass all aspects of pre-emergency preparedness and post-emergency response, |
---|
226 | 226 | | 197recovery, and mitigation. Specifically, the plan shall: (a) establish the fundamental policies, basic |
---|
227 | 227 | | 198program strategies, assumptions, and mechanisms through which the commonwealth will |
---|
228 | 228 | | 199mobilize resources and conduct activities to guide and support local emergency management |
---|
229 | 229 | | 200efforts during response, recovery, and mitigation; (b) establish a concept of operations for the |
---|
230 | 230 | | 201direction and control of an emergency from initial monitoring through post-disaster response and |
---|
231 | 231 | | 202recovery; (c) define the inter-agency coordination mechanism that facilitates delivery of state |
---|
232 | 232 | | 203assistance and establishment of state direction and control over response and recovery assistance |
---|
233 | 233 | | 204provided by other states and/or the federal government; (d) assign functional responsibilities to |
---|
234 | 234 | | 205appropriate executive offices of the commonwealth as well as to specific state agencies, private |
---|
235 | 235 | | 206sector groups, and volunteer organizations; (e) assess the various levels of emergencies likely to |
---|
236 | 236 | | 207occur within the commonwealth, and the corresponding response and recovery actions needed to |
---|
237 | 237 | | 208recover from them. 11 of 16 |
---|
238 | 238 | | 209 Section 9: Personnel |
---|
239 | 239 | | 210 Section 9. (a) The agency is authorized to deploy emergency response personnel, teams, |
---|
240 | 240 | | 211equipment, and other resources of the commonwealth, political subdivisions, non-profit or |
---|
241 | 241 | | 212private sector as state resources to support emergency management operations within or beyond |
---|
242 | 242 | | 213the state, as necessary to reinforce local, regional, state, or national emergency management |
---|
243 | 243 | | 214efforts. Emergency management resources, including personnel and teams, shall be deployed |
---|
244 | 244 | | 215based on the critical needs of the situation, taking into account the plans and priorities of the |
---|
245 | 245 | | 216commonwealth, the Federal Government, and other states. Such deployments shall be initiated |
---|
246 | 246 | | 217upon the orders of the agency and shall support emergency management activities in any part of |
---|
247 | 247 | | 218the commonwealth or, under agreed conditions, in other states. |
---|
248 | 248 | | 219 (b) Personnel deployed as part of emergency management resources shall: (1) as |
---|
249 | 249 | | 220employees of the commonwealth, retain all powers, duties, rights, privileges, and immunities |
---|
250 | 250 | | 221associated with their employment and continue to receive their regular compensation and; (2) as |
---|
251 | 251 | | 222employees of a political subdivision of the commonwealth, retain all powers, duties, rights, |
---|
252 | 252 | | 223privileges, and immunities associated with their employment and continue to receive their |
---|
253 | 253 | | 224regular compensation while serving within or beyond their political subdivision. |
---|
254 | 254 | | 225 (c) All personnel deployed under this section shall be subject to the operational control of |
---|
255 | 255 | | 226the authority in charge of emergency management activities in the area in which they are serving. |
---|
256 | 256 | | 227 Section 10: Municipal Abatements |
---|
257 | 257 | | 228 Section 10. Any city or town that accepts the provisions of this section may establish a |
---|
258 | 258 | | 229program to abate up to one thousand dollars in property taxes due for any fiscal year for a |
---|
259 | 259 | | 230resident of the city or town to provide property tax relief for a non-salaried local director of 12 of 16 |
---|
260 | 260 | | 231emergency management and for individuals who are emergency response workers as defined |
---|
261 | 261 | | 232under this chapter, provided such workers are employed by the commonwealth or a political |
---|
262 | 262 | | 233subdivision thereof. Such tax relief may provide either (a) an abatement of up to one thousand |
---|
263 | 263 | | 234dollars in property taxes due for any fiscal year, or (b) an exemption applicable to the assessed |
---|
264 | 264 | | 235value of real or personal property up to an amount equal to the quotient of one million dollars |
---|
265 | 265 | | 236divided by the mill rate, in effect at the time of assessment, expressed as a whole number of |
---|
266 | 266 | | 237dollars per one thousand dollars of assessed value. A city or town which has accepted the |
---|
267 | 267 | | 238provisions of this section may enact the necessary local by-laws, ordinances, rules or regulations |
---|
268 | 268 | | 239to effectuate the provisions of this section. |
---|
269 | 269 | | 240 Section 11: Nuclear Power Preparedness |
---|
270 | 270 | | 241 Section 11. (a) The director shall designate certain areas of the commonwealth as nuclear |
---|
271 | 271 | | 242power planning areas. The director shall publish and release to local officials of each political |
---|
272 | 272 | | 243subdivision within such areas preparedness and response plans which will permit the residents of |
---|
273 | 273 | | 244said areas to evacuate or take other protective actions in the event of a nuclear accident. Copies |
---|
274 | 274 | | 245of such plans shall be made available to the public upon request for a fee which is not to exceed |
---|
275 | 275 | | 246the cost of reproduction. The director shall also publish and release through local officials to the |
---|
276 | 276 | | 247residents of the said areas emergency public information. Such information shall include warning |
---|
277 | 277 | | 248and alerting provisions, evacuation routes, reception areas, and other recommended actions for |
---|
278 | 278 | | 249each area. |
---|
279 | 279 | | 250 (b) The director or designee shall annually review the preparedness and response plans |
---|
280 | 280 | | 251with regard for, but not limited to, such factors as changes in traffic patterns, population |
---|
281 | 281 | | 252densities, and new construction of schools, hospitals, industrial facilities, and the like. Where 13 of 16 |
---|
282 | 282 | | 253such factors justify a revision of the preparedness and response plan, the director shall notify the |
---|
283 | 283 | | 254appropriate state and local officials and make recommended changes to the plan. |
---|
284 | 284 | | 255 (c) In the event of any emergency or threatened emergency that involves a release of |
---|
285 | 285 | | 256radiation, the radiation control program of the department of public health shall be notified. |
---|
286 | 286 | | 257 Section 12: Emergency Response Worker Compensation and Leave |
---|
287 | 287 | | 258 Section.12 (a) Any employee of the commonwealth or of any political subdivision may |
---|
288 | 288 | | 259be granted a leave of absence with pay for the purpose of serving as an emergency response |
---|
289 | 289 | | 260worker performing emergency response functions. Any other employer may grant a leave of |
---|
290 | 290 | | 261absence with or without pay to an employee for the purpose of serving as an emergency response |
---|
291 | 291 | | 262worker performing emergency response functions. Said leave shall be approved at the discretion |
---|
292 | 292 | | 263of the employer, public or private. In determining whether to grant said leave, the employer |
---|
293 | 293 | | 264should consider the specialized expertise an employee may possess which could enhance the |
---|
294 | 294 | | 265ability of the commonwealth to prepare for, respond to, and recover from an emergency. |
---|
295 | 295 | | 266 (b) An employee who is granted a leave of absence with pay pursuant to this section shall |
---|
296 | 296 | | 267be compensated by the employee's employing agency at the employee's regular rate of pay for |
---|
297 | 297 | | 268those regular work hours during which the employee is absent from work, but in no event shall |
---|
298 | 298 | | 269the employee receive overtime pay, shift differential pay, hazardous duty pay or any other form |
---|
299 | 299 | | 270of compensation in addition to the employee's regular pay. An employee who is granted leave |
---|
300 | 300 | | 271pursuant to this section shall not lose any already existing insurance or health care coverage, |
---|
301 | 301 | | 272seniority or any previously accrued vacation time, sick time, personal days, compensation time |
---|
302 | 302 | | 273or earned overtime due to the employee's granted leave of absence. |
---|
303 | 303 | | 274 Section 13: Judicial Administration 14 of 16 |
---|
304 | 304 | | 275 Section 13. During a state of emergency, the chief justice of the supreme judicial court, |
---|
305 | 305 | | 276the chief judge of the superior court, and the chief judge of the district court, shall consult and |
---|
306 | 306 | | 277recommend to the governor reasonable steps to maintain the safety and security of court |
---|
307 | 307 | | 278personnel, records, and persons held in custody. While courts of the commonwealth, like other |
---|
308 | 308 | | 279government facilities, may be ordered to close during a state of emergency, the chief justice of |
---|
309 | 309 | | 280the supreme judicial court, the chief judge of the superior court, and the chief judge of the district |
---|
310 | 310 | | 281court shall recommend to the governor reasonable steps to open those court facilities affected by |
---|
311 | 311 | | 282a state of emergency as soon as it is safe and practicable to do so. Further, the chief justice of the |
---|
312 | 312 | | 283supreme judicial court, the chief judge of the superior court, and the chief judge of the district |
---|
313 | 313 | | 284court shall work with the members of the judiciary and administrators of the court system to |
---|
314 | 314 | | 285temporarily transfer cases among courts to ensure the continued viability and operability of the |
---|
315 | 315 | | 286commonwealth's justice system. |
---|
316 | 316 | | 287 Section 14: Executive, Constitutional, and Administrative Delegation in the Event of an |
---|
317 | 317 | | 288Emergency |
---|
318 | 318 | | 289 Section 14. The head of each executive, constitutional, and administrative office or |
---|
319 | 319 | | 290agency of the commonwealth, shall designate, by name or position, persons in his or her |
---|
320 | 320 | | 291respective department or division who shall exercise, successively, his or her duties in the event |
---|
321 | 321 | | 292of his or her absence or disability. Each such designation shall be subject to approval by the |
---|
322 | 322 | | 293governor and council and shall be in effect until revoked by the governor who made such |
---|
323 | 323 | | 294designation. Persons designated under this section to perform the duties of a department or |
---|
324 | 324 | | 295division head in his or her absence or disability shall perform such duties only in succession to |
---|
325 | 325 | | 296persons so authorized under any other provision of general or special law. 15 of 16 |
---|
326 | 326 | | 297 Section 15: Water Emergencies |
---|
327 | 327 | | 298 Section 15. Any city or town, water district, water supply district, fire and water district, |
---|
328 | 328 | | 299fire district or water company may contract with any other such city, town, district or water |
---|
329 | 329 | | 300company for the interconnection of their water distribution systems and for providing and using |
---|
330 | 330 | | 301any necessary pumping equipment for the supplying of water for domestic, fire and other |
---|
331 | 331 | | 302purposes. The supplying of water for domestic purposes for extended periods shall be subject to |
---|
332 | 332 | | 303the provision of section 40 of chapter 40 of the General Laws. Such interconnections made with |
---|
333 | 333 | | 304the works of the Massachusetts water resource authority or any municipality, district or water |
---|
334 | 334 | | 305company supplied there from shall be subject to the provisions of chapter 92 of the General |
---|
335 | 335 | | 306Laws. |
---|
336 | 336 | | 307 SECTION 2. Section 7E of chapter 90 is hereby amended by inserting after the words |
---|
337 | 337 | | 308“and vehicles specified in section seven D used for transporting school children,” the following |
---|
338 | 338 | | 309words:- |
---|
339 | 339 | | 310 emergency management and disaster response vehicles. |
---|
340 | 340 | | 311 SECTION 3. Section 23B of chapter 149 is hereby repealed. |
---|
341 | 341 | | 312 SECTION 4. Group 2 paragraph (g) of sub-division 2 of section 3 of chapter 32, as |
---|
342 | 342 | | 313amended by section (1) of Chapter 71 of the acts of 2006, is hereby further amended by inserting |
---|
343 | 343 | | 314after the words "officials and employees of the office of public safety and inspections of the |
---|
344 | 344 | | 315division of occupational licensure and the division of inspection of the department of fire |
---|
345 | 345 | | 316services having police powers;" the following words:- employees of the Massachusetts |
---|
346 | 346 | | 317emergency management agency; 16 of 16 |
---|
347 | 347 | | 318 SECTION 5. Section 64 of chapter 22C is hereby repealed. |
---|
348 | 348 | | 319 SECTION 6. Chapter 639 of the Acts of 1950 is hereby repealed. |
---|
349 | 349 | | 320 SECTION 7. In any provision of this act or the application thereof to any person or |
---|
350 | 350 | | 321circumstance is held invalid, such invalidity shall not affect other provisions or application of the |
---|
351 | 351 | | 322act which can be given effect without the invalid provision or application; and to this end the |
---|
352 | 352 | | 323provisions of this act are declared to be severable. |
---|