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SENATE DOCKET, NO. 112 FILED ON: 1/7/2025
SENATE . . . . . . . . . . . . . . No. 1740
The Commonwealth of Massachusetts
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PRESENTED BY:
Michael O. Moore
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act establishing local emergency management agencies.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Michael O. MooreSecond Worcester 1 of 4
SENATE DOCKET, NO. 112 FILED ON: 1/7/2025
SENATE . . . . . . . . . . . . . . No. 1740
By Mr. Moore, a petition (accompanied by bill, Senate, No. 1740) of Michael O. Moore for
legislation to establish local emergency management agencies. Public Safety and Homeland
Security.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1569 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act establishing local emergency management agencies.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 639 of the acts of 1950, as amended by section 1 of chapter 579 of
2the acts of 1968, is hereby amended by striking out section 13 and inserting in place thereof the
3following section:-
4 Section 13. Establishment of Local Civil Defense Organizations; Duties; Powers of
5Political
6 Subdivisions During Disasters.
7 Each political subdivision of the commonwealth is hereby authorized and directed to
8establish a local organization for civil defense in accordance with the state civil defense plan and
9program, to be known as Local Emergency Management Agency and Local Office of Emergency 2 of 4
10Preparedness. The appointing authority, as defined by this Section, may designate an existing
11city or town department as such Agency.
12 Each local organization for civil defense and office of emergency preparedness shall have
13a director, who shall, in the case of a city, be appointed by the mayor, or in a city having a
14council manager form of government by the city manager, and in towns the director shall be
15appointed by the selectman, except in towns having a town manager or town administrator, by
16the manager or administrator. The director shall have direct responsibility for the organization,
17administration and operation of such local organization for civil defense. Each local organization
18for civil defense shall perform the civil defense functions within the territorial limits of the
19political subdivision within which it is organized, subject to a declaration of a state of emergency
20and, in addition, shall conduct such functions outside of such territorial limits as may be required
21pursuant to the provisions of section seven of this act. ·
22 The appointing authority may designate an existing department head of a city or town
23department to serve as the director of civil defense. Section 20 of chapter 268A shall not apply to
24such designation.
25 In carrying out the provisions of this act, each political subdivision in which in any
26disaster, as described in section one, occurs, shall have the power to enter into contracts and
27incur obligations necessary to combat such disaster, protecting the health and safety of persons
28and property and providing emergency assistance to the victims of such disaster. Each appointing
29authority of such political subdivision is authorized to exercise the powers vested under this
30section in the light of the exigencies of the extreme emergency situation, without regard to time-
31consuming procedures and formalities prescribed by law excepting mandatory constitutional 3 of 4
32requirements, pertaining to the performance of public work, entering into Contracts, the
33incurring of obligations, the employment of temporary workers, the rental of equipment, the
34purchase of supplies and materials, expenditure of public funds, suspending employment
35contract limitations, or restrictions made under Chapters 41 or 150E, or the common law, to go
36on private property to provide aid and assistance, and take such other appropriate actions as may
37be necessary to meet the state of emergency for the duration of the emergency. The legislative
38body of such political subdivision can levy taxes and make emergency appropriations to carry
39out the appointing authority’s exercise of the powers under this Section.
40 The appointing authority shall declare in writing the state of emergency in order to
41exercise the powers under this section and shall file such declaration immediately with the
42governor, the state director, the secretary of state, and the city or town clerk.
43 SECTION 2. Said chapter 639 of the acts of 1950, as so amended, is hereby further
44amended by striking out section 16 and inserting in place thereof the following section:-
45 Section 16. Utilization of State and Local Departments, Agencies, Officers, and
46Personnel.
47 In carrying out the provisions of this act, the governor and the executive officers, are
48directed to utilize the services, equipment, supplies and facilities of existing departments, offices
49and agencies of the commonwealth, and of the political subdivisions thereof, to the maximum
50extent practicable; and the officers and personnel of all such departments, offices and agencies of
51the commonwealth, and of the political subdivisions thereof, to the maximum extent practicable;
52and the officers and personnel of all such departments, offices and agencies are directed to co- 4 of 4
53operate with and extend such services and facilities to the governor and to the civil defense
54organizations of the commonwealth upon request.
55 The governor may assign to a state agency any activity concerned with disaster
56preparedness and relief of a nature related to the existing powers and duties of such agency, and
57it shall thereupon, become the duty of such agency to undertake and carry out such activity on
58behalf of the commonwealth.
59 Upon declaration of a state of emergency, mayor, or city manager in a city having a
60council manager form of government, or town manager, or town administrator, as the case may
61be, the director is directed to utilize the services, equipment, supplies and facilities of existing
62departments, offices and agencies of said political subdivision, to the maximum extent
63practicable; and the officers and personnel of all such departments, offices and agencies of said
64political subdivision, to the maximum extent practicable are directed upon request to co-operate
65with and extend such services and facilities to the mayor, or city manager in a city having a
66council manager form of government, or to the town manager, or town administrator, as the case
67may be, and to their respective civil defense organizations of the political subdivision.
68 The mayor, or city manager in a city having a council manager form of government, or
69town manager, or town administrator, as the case may be, may assign to their municipal agency,
70any activity concerned with disaster preparedness and relief of a nature related to the existing
71powers and duties of such agency, and it shall, thereupon, become the duty of such agency to
72undertake and carry out such activity on behalf of the city or town, as the case may be.