Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S541 Compare Versions

Only one version of the bill is available at this time.

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2	2	SENATE DOCKET, NO. 2390 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 541
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Barry R. Finegold
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 modernizing the Massachusetts emergency management system.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Barry R. FinegoldSecond Essex and Middlesex 1 of 25
16	16	SENATE DOCKET, NO. 2390 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 541
18	18	By Mr. Finegold, a petition (accompanied by bill, Senate, No. 541) of Barry R. Finegold for
19	19	legislation to revise reducing risks, improving preparedness and managing the response to
20	20	incidents such as natural disasters, technological hazards or human-caused emergencies.
21	21	Emergency Preparedness and Management.
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 modernizing the Massachusetts emergency management system.
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. Section 64 of chapter 22C of the General Laws is hereby repealed.
31	31	2 SECTION 2. The General Laws are hereby amended by inserting after chapter 22E the
32	32	3following new chapter:-
33	33	4 CHAPTER 22F. Massachusetts emergency management agency
34	34	5 Section 1. Definitions
35	35	6 For the purposes of this chapter, the following words shall have the following meanings
36	36	7unless the context clearly requires otherwise:
37	37	8 “Agency”, the Massachusetts emergency management agency.
38	38	9 "Director", the director of the Massachusetts emergency management agency. 2 of 25
39	39	10 "Emergency", the imminent threat or occurrence of severe or widespread loss of life,
40	40	11injury or other health impacts, property damage or destruction, social or economic disruption or
41	41	12environmental degradation from natural, technological or human-made causes.
42	42	13 "Emergency management functions", any act taken to prepare for, prevent, respond to,
43	43	14recover from or mitigate against an emergency; provided, however, that emergency management
44	44	15functions shall include, but not be limited to: (i) firefighting and police services; (ii) medical and
45	45	16health services; (iii) search and rescue services; (iv) engineering services; (v) communications
46	46	17between first responders, incident commanders and other public officials; (vi) evacuation of
47	47	18persons from stricken areas; (vii) responses to radiological, chemical or other special weapons;
48	48	19(viii) emergency transportation; (ix) existing or properly assigned functions of plant protection;
49	49	20(x) temporary restoration of public utility services; (xi) emergency welfare services; (xii)
50	50	21dissemination of information to the general public; (xiii) animal protection; (xiv) coordination of
51	51	22volunteers and donations; and (xv) other relevant functions; and provided further, that functions
52	52	23for which military forces other than the National Guard are primarily responsible are shall not be
53	53	24considered emergency management functions.
54	54	25 "Emergency response worker", any individual authorized to perform emergency
55	55	26management functions or affiliated with an organization tasked with performing emergency
56	56	27management functions.
57	57	28 “Emergency shelter", any facility which provides protection and basic human services to
58	58	29citizens and evacuees until the threat of the emergency has passed.
59	59	30 "Nuclear power plant areas", any community located within a 10-mile radius of a nuclear
60	60	31power plant, whether or not said power plant is located within the commonwealth. 3 of 25
61	61	32 ''Political subdivision”, a city, town, county or other governmental entity authorized or
62	62	33created by law, including public corporations and authorities.
63	63	34 "Secretary", the secretary of public safety and security.
64	64	35 Section 2. Responsibility and Duties
65	65	36 There shall be within the executive office of public safety and security an agency to be
66	66	37known as the Massachusetts emergency management agency. The agency shall coordinate
67	67	38federal, state, local, voluntary and private resources during emergencies in the commonwealth.
68	68	39The agency's responsibilities shall include, but not be limited to: (i) developing and maintaining
69	69	40effective emergency response plans to all hazards, disasters or threats; (ii) training emergency
70	70	41personnel to protect the public; (iii) providing information to residents of the commonwealth;
71	71	42(iv) coordinating any response to emergencies or disasters for the commonwealth; (v) responding
72	72	43to emergency scenes to provide subject matter expertise and resource assistance; and (vi)
73	73	44assisting individuals, families, businesses and communities to prepare for, respond to, mitigate
74	74	45against and recover from emergencies.
75	75	46 Section 3. Director of Emergency Management
76	76	47 The governor, upon the recommendation of the secretary, shall appoint a director of
77	77	48emergency management, who shall be qualified by training and experience in emergency
78	78	49management. The director shall serve as the executive and administrative head of the agency and
79	79	50as the governor’s principal assistant for directing and coordinating emergency management
80	80	51activities. The director shall devote their full time to the duties set forth under this chapter and
81	81	52shall not hold any other public office. The position of director shall be classified in accordance
82	82	53with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C 4 of 25
83	83	54of said chapter 30. The director shall coordinate the activities of all organizations for emergency
84	84	55management within the commonwealth. The director shall cooperate and maintain liaison with
85	85	56emergency management agencies of other states and the federal government, and have such
86	86	57additional authority, duties and responsibilities authorized by this chapter and as may be
87	87	58prescribed by the governor. The director shall be responsible to the governor and the secretary
88	88	59for carrying out the program of emergency management for the commonwealth.
89	89	60 The director may appoint such experts and other assistants as the work of the agency may
90	90	61require, and may make such expenditures, subject to available funding or appropriation, as may
91	91	62be necessary in order to execute effectively the purposes of this chapter. Such employees shall
92	92	63not be subject to chapter 31. The director may, on behalf of the agency, accept gifts,
93	93	64contributions, grants and bequests of funds or other property from individuals, foundations,
94	94	65corporations and federal, state or other governmental bodies, which funds or property may be
95	95	66expended or used with the approval of the secretary to discharge the department's responsibilities
96	96	67or to conduct its programs, without further appropriation. The director may organize the agency
97	97	68in a manner to achieve its statutory responsibilities, including the creation of appropriate
98	98	69departments and divisions.
99	99	70 Section 4. Emergency Management Advisory Council
100	100	71 There shall be established a Massachusetts Emergency Management Advisory Council,
101	101	72hereinafter referred to as the council, to provide guidance and recommendations to the governor,
102	102	73secretary and director on matters of emergency management policy. The council shall be
103	103	74composed of the director and at least 8 persons with experience in the field of emergency
104	104	75management, at least 4 of whom shall be a local emergency management director, at least 1 of 5 of 25
105	105	76whom shall be a representative of a non-profit emergency services organization and at least 1 of
106	106	77whom shall be a private sector emergency management representative. Members of the council
107	107	78shall be recommended by the director and appointed by the governor.
108	108	79 Members shall be appointed for terms of 3 years and no member shall be appointed to
109	109	80serve for more than 2 consecutive terms. Upon the expiration of the term of an appointed
110	110	81member, a successor shall be appointed in like manner for a term of 3 years.
111	111	82 The governor shall annually designate the chairperson of the council from among its
112	112	83members. The council shall meet at least 2 times annually and shall convene special meetings at
113	113	84the call of the chairperson, a majority of the members of the council or the director. The director,
114	114	85or their designee, shall serve as the executive secretary of the council and shall attend all
115	115	86meetings. The council shall make an annual report to the governor and shall file a copy of the
116	116	87report with the state secretary and the clerks of the senate and house of representatives. Members
117	117	88of the council shall serve without compensation.
118	118	89 Section 5. Powers of the Governor
119	119	90 The governor shall have general direction and control of the agency and shall be
120	120	91responsible for carrying out the provisions of this chapter; provided, however, that the governor
121	121	92may assume operational control over any part or all parts of emergency management functions
122	122	93within the commonwealth. The governor may, at the request of the director, authorize the
123	123	94employment of such personnel and may make such expenditures as may be necessary to carry
124	124	95out the purposes of this chapter. The governor may cooperate with the federal government and
125	125	96with other states and private agencies in all matters pertaining to the protection and defense of
126	126	97the commonwealth and the United States, and shall approve a comprehensive plan and program 6 of 25
127	127	98for the commonwealth as developed by the director and, in accordance with said plan and
128	128	99program, may institute training and public information programs and take all other preparatory
129	129	100steps, including the partial or full mobilization of all public organizations in advance of actual
130	130	101emergencies, as may be deemed necessary. The governor may direct the secretary or director to
131	131	102conduct studies or surveys to ascertain the capabilities of the commonwealth for disaster
132	132	103prevention, response, recovery, mitigation and preparedness and may delegate any administrative
133	133	104authority vested under this chapter to the secretary or director.
134	134	105 Except as otherwise stated in any general or special law, the governor shall have the
135	135	106power and authority to: (i) cooperate with any federal authorities and with the governors of other
136	136	107states in matters pertaining to the common defense or to the common welfare; (ii) cooperate with
137	137	108the military and naval forces of the United States and other states, and (iii) take any measures
138	138	109which the governor may deem proper to carry into effect any request of the president of the
139	139	110United States for action looking to the national defense or to the public safety. The governor may
140	140	111receive and allocate money, supplies, equipment or material granted, loaned or allocated by the
141	141	112federal government or other states to the commonwealth or any of its agencies or political
142	142	113subdivisions to prepare for, respond to, recover from or mitigate against an emergency.
143	143	114 Section 6. State of Emergency Declaration
144	144	115 (a) In reasonable anticipation of an emergency, the governor may exercise any power,
145	145	116authority or discretion conferred on them under this chapter by issuing 1 or more executive
146	146	117orders or directives to the Massachusetts emergency management agency, other department or
147	147	118agency of the Commonwealth or any political subdivision thereof or other person. Any 7 of 25
148	148	119department, agency or person so directed shall act in conformity with any orders or directives
149	149	120prescribed by the governor.
150	150	121 (b) Upon the occurrence or imminent threat of occurrence of any emergency, the
151	151	122governor may issue a proclamation setting forth a state of emergency. Said proclamation shall
152	152	123serve to activate applicable emergency response, mitigation and recovery plans. The state of
153	153	124emergency may extend throughout the commonwealth or may pertain to one or more particular
154	154	125geographic areas. Said proclamation shall be authority for the deployment or use of any forces to
155	155	126which the plans apply, and for the use or distribution of any supplies, equipment, materials or
156	156	127facilities assembled, stockpiled or arranged to be made available. If the governor notes in the
157	157	128proclamation that the emergency is one that is:
158	158	129 (i) detrimental to the public health, the commissioner of public health shall have those
159	159	130authorities necessary to prevent disease and maintain public health set forth in section 2A of
160	160	131chapter 17;
161	161	132 (ii) reasonably likely to impact the availability of gas, electric and water utility services,
162	162	133the commissioner of the department of public utilities shall have those authorities necessary to
163	163	134restore or resume service set forth in section 4B of chapter 25; or
164	164	135 (iii) a threat to the availability of essential services of transportation to such an extent as
165	165	136to endanger the health, safety or welfare of the community, the governor shall have those
166	166	137authorities necessary to take possession and operate set forth in section 37 of chapter 161A.
167	167	138 (c) After the governor issues a proclamation setting forth a state of emergency, the
168	168	139governor may possess, use or employ any property, real or personal, for such time and in such
169	169	140manner as the governor shall deem necessary to protect the commonwealth and its residents. The 8 of 25
170	170	141emergency management or public safety authorities which seize property during an emergency
171	171	142shall maintain a permanent record of such property and its condition when seized and shall
172	172	143furnish a true copy of the record to the owner of the seized property. The commonwealth shall
173	173	144pay just compensation to the owner of any facilities or materials that are permanently taken or
174	174	145permanently appropriated by a commonwealth authority during an emergency. The
175	175	146commonwealth shall not pay just compensation to the owner of any facilities or materials that
176	176	147said authorities close, evacuate, decontaminate or destroy when there is reasonable cause to
177	177	148believe that the facilities or materials endanger the public during an emergency. The amount of
178	178	149compensation shall be calculated in the same manner as compensation due for taking of property
179	179	150pursuant to non-emergency eminent domain procedures as provided in chapter 79.
180	180	151 (d) The declaration of emergency shall terminate when so declared by the governor, or
181	181	152automatically after 60 days, unless renewed by the governor. Each renewal shall terminate after
182	182	15360 days unless renewed for an additional 60 days, or unless sooner terminated.
183	183	154 Section 7. State of Emergency Authorities
184	184	155 (a) During a declared state of emergency, the governor, in addition to any other authority
185	185	156vested in them by law, shall have and may exercise any and all authority over persons and
186	186	157property necessary or expedient to protect the commonwealth and its residents. Without limiting
187	187	158the foregoing, the governor shall have and may exercise the following specific authority:
188	188	159 (1) To suspend the provisions of any statute or the orders or regulations of any state
189	189	160agency if compliance with the provisions of any such statute, order or regulation would in any
190	190	161way prevent, hinder or delay necessary action in responding to the emergency. Any provision of 9 of 25
191	191	162any statute, order or regulation inconsistent with an order issued or promulgated during a state of
192	192	163emergency under this chapter shall be inoperative while such a declaration is in effect.
193	193	164 (2) To employ every agency and all persons of the government of the commonwealth or
194	194	165of any of its political subdivisions to protect the lives and property of its residents and to enforce
195	195	166the law, and to utilize all available resources of the state government and of its political
196	196	167subdivisions as reasonably necessary to respond to the emergency. The governor may transfer
197	197	168the direction, personnel or functions of commonwealth departments, agencies or units thereof for
198	198	169the purpose of performing or facilitating emergency management functions. The governor may
199	199	170assign to any state agency any activity concerned with disaster preparedness and relief, and it
200	200	171shall become the duty of such agency to undertake and carry out such activity on behalf of the
201	201	172commonwealth. All persons employed by the commonwealth or any of its political subdivisions
202	202	173who are acting as emergency response workers shall have the same powers, duties, immunities
203	203	174and privileges as if they were performing those duties for the commonwealth or within any of its
204	204	175political subdivisions.
205	205	176 (3) To order that the members of the police and fire forces of the commonwealth or its
206	206	177political subdivisions, the National Guard and other authorized agents and emergency response
207	207	178workers performing emergency management functions including, but not limited to, health
208	208	179agents authorized under section 30 of chapter 111 and animal control officers, while in uniform
209	209	180or upon presentation of government-issued identification, may enter private property for the sole
210	210	181purpose of enforcing orders or directives issued by or under authority of the governor. Nothing in
211	211	182this section shall be construed or deemed to prohibit any entry upon private property otherwise
212	212	183authorized by law. 10 of 25
213	213	184 (4) To order or compel the evacuation of all or part of the population from any stricken or
214	214	185threatened area within the commonwealth if the governor deems this action necessary for the
215	215	186preservation of life or other emergency mitigation, response or recovery efforts. Consistent with
216	216	187this authority, the governor may prescribe routes, modes of transportation and destinations in
217	217	188connection with evacuation. The governor shall also formulate and execute plans and rules for
218	218	189the control of traffic in order to provide for the rapid and safe movement or evacuation over
219	219	190public highways and streets of people, troops, vehicles or materials for national defense or for
220	220	191use in any defense industry, and may coordinate the activities of the departments or agencies of
221	221	192the commonwealth and the political subdivisions thereof concerned directly or indirectly with
222	222	193public highways and streets in a manner which will best effectuate such plans. Neither the
223	223	194commonwealth, nor any of its political subdivisions, nor any employee of the commonwealth or
224	224	195of a political subdivision, nor any emergency response worker, shall be liable for harm to any
225	225	196person who refuses to comply with an evacuation order.
226	226	197 (5) To allow health care practitioners who are licensed in another state and whose license
227	227	198is in good standing to provide health care in any area affected by the emergency, notwithstanding
228	228	199the provisions of chapter 112A or any other applicable general or special law.
229	229	200 (b) Whoever violates any provision of any order or directive issued by the governor
230	230	201pursuant to sections 5 or 6 shall be punished by imprisonment of not more than 1 year, or by a
231	231	202fine of not more than $500, or both, unless the conduct in question is prohibited by other existing
232	232	203law which sets forth a greater punishment for the violation.
233	233	204 Section 8. MEMA Regions 11 of 25
234	234	205 The agency shall establish regional emergency operations centers to support coordination
235	235	206and communication between the agency and political subdivisions. These centers shall serve as
236	236	207regional hubs for emergency management activities, facilitating planning, response, recovery and
237	237	208mitigation efforts.
238	238	209 Regional coordinators shall be designated by the director to act as liaisons between the
239	239	210agency and the political subdivisions within each region. The regional emergency operations
240	240	211centers shall operate in alignment with the commonwealth’s comprehensive emergency
241	241	212management plan established pursuant to section 10 to ensure effective collaboration across all
242	242	213levels of government during emergencies.
243	243	214 Section 9. State Emergency Operations Center
244	244	215 The agency shall establish a State Emergency Operations Center, hereinafter referred to
245	245	216as the center, at a facility to serve as the central coordination hub for all emergency management
246	246	217operations within the commonwealth. The center shall serve as the primary location for state-
247	247	218level decision-making, resource allocation and operational coordination during emergencies and
248	248	219disasters.
249	249	220 The center shall be responsible for ensuring a unified and effective response by
250	250	221coordinating efforts among federal, state, local, private sector and non-profit entities. The center
251	251	222shall also oversee the implementation of the comprehensive emergency management plan
252	252	223established pursuant to section 10 during incidents requiring a state-level response.
253	253	224 Each state agency designated as an emergency response agency by the director shall
254	254	225assign a minimum of 2 qualified personnel to serve as liaison officers to the center. These liaison 12 of 25
255	255	226officers shall be tasked with facilitating communication, resource management and operational
256	256	227support between their respective agencies and the center.
257	257	228 The center shall maintain operational readiness at all times and shall be activated by the
258	258	229governor or director during emergencies, disasters or other significant incidents requiring state-
259	259	230level coordination.
260	260	231 Section 10. State Emergency Management Plan
261	261	232 The director shall establish and publish a comprehensive emergency management plan
262	262	233for the commonwealth. This plan shall establish the framework in which the emergency response
263	263	234and recovery actions of all levels of government can be effectively integrated and coordinated.
264	264	235The plan shall be an all-hazards document and shall provide a comprehensive approach for
265	265	236planning for, responding to and recovering from an emergency. The plan shall encompass all
266	266	237aspects of pre-emergency preparedness and post-emergency response, recovery and mitigation.
267	267	238The plan shall:
268	268	239 (i) establish the fundamental policies, basic program strategies, assumptions and
269	269	240mechanisms through which the Commonwealth shall mobilize resources and conduct activities
270	270	241to guide and support local emergency management efforts during response, recovery and
271	271	242mitigation;
272	272	243 (ii) coordinate regional and inter-regional evacuation and sheltering, post-disaster
273	273	244response and recovery, rapid deployment and pre-deployment of resources, emergency exercises
274	274	245and clearly define responsibilities for state agencies through the Massachusetts emergency
275	275	246support functions approach to planning and operations; 13 of 25
276	276	247 (iii) establish a concept of operations for the direction and control of an emergency from
277	277	248initial monitoring through post-disaster response and recovery;
278	278	249 (iv) define the inter-agency coordination mechanism that facilitates delivery of state
279	279	250assistance and establishment of state direction and control over response and recovery assistance
280	280	251provided by other states or the federal government;
281	281	252 (v) assign functional responsibilities to appropriate executive offices of the
282	282	253commonwealth, as well as to specific state agencies, private sector groups and volunteer
283	283	254organizations;
284	284	255 (vi) assess the various levels of emergencies likely to occur within the commonwealth
285	285	256and the corresponding response and recovery actions needed to recover from them.
286	286	257 Section 11. Local Emergency Management Organizations
287	287	258 Each political subdivision of the commonwealth shall have an emergency management
288	288	259director, who shall have direct responsibility for the organization, administration and operation
289	289	260of their respective city or town's emergency management organization subject to the direction
290	290	261and control of such appointing authority. In addition to performing emergency management
291	291	262functions within their communities, city or town emergency management organizations shall
292	292	263coordinate their activities with the agency and comply with the commonwealth's comprehensive
293	293	264emergency management plan established pursuant to section 10. City or town emergency
294	294	265management agencies may provide for mutual aid or other support to any other city or town
295	295	266consistent with section 4J of chapter 40. 14 of 25
296	296	267 In carrying out the provisions of this chapter, each political subdivision impacted by an
297	297	268emergency shall have the power to enter into contracts and incur obligations necessary to combat
298	298	269such emergencies, to protect the health and safety of persons and property and to provide
299	299	270emergency assistance to the victims of the emergency. Each political subdivision is authorized to
300	300	271exercise the powers vested under this section in light of the exigencies of the emergency, without
301	301	272regard to procedures or formalities prescribed by law pertaining to the performance of public
302	302	273work, entering into contracts, the incurring of obligations, the employment of temporary
303	303	274workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes or
304	304	275the appropriation and expenditure of public funds, unless mandated by constitutional
305	305	276requirements.
306	306	277 Each political subdivision shall have the power to make appropriations in the manner
307	307	278provided by law for making appropriations for the ordinary expenses of such political
308	308	279subdivision for the payment of expenses of its emergency management operations.
309	309	280 Whenever the federal government or any agency or office thereof or any person, firm or
310	310	281corporation shall offer to the commonwealth, or to any political subdivision thereof, services,
311	311	282equipment, supplies, materials or funds by way of gift, grant or loan for purposes of emergency
312	312	283management, the commonwealth acting through the governor or such political subdivision acting
313	313	284through its governing body may accept such offer, and upon acceptance the governor or
314	314	285governing body of such political subdivision may authorize any officer of the commonwealth or
315	315	286of the political subdivision, as the case may be, to receive such services, equipment, supplies,
316	316	287materials or funds on behalf of the commonwealth or such political subdivision, subject to the
317	317	288terms of the offer and rules and regulations, if any, of the agency making the offer. 15 of 25
318	318	289 For the purpose of financing emergency management expenditures authorized under this
319	319	290chapter, a city, town, district or county may raise such sums as may be necessary by taxation, by
320	320	291transfer from available funds or may borrow from time to time and may issue bonds or notes
321	321	292therefore as otherwise authorized by law. Each authorized issue shall constitute a separate loan,
322	322	293and such loans shall be paid in not more than five years from their dates and shall bear on their
323	323	294face the words (city, town or county) emergency management loan. The city auditor, town
324	324	295accountant, or, if there is no such officer, the town treasurer, district treasurer and county
325	325	296treasurer, of every city, town, district and county making expenditures under the authority of this
326	326	297chapter shall file annually with the secretary of the executive office of administration and finance
327	327	298in such form and detail as said secretary may require.
328	328	299 Section 12. Local State of Emergency
329	329	300 (a) During a local emergency, the governing body of a political subdivision or officials
330	330	301designated thereby may promulgate orders necessary to provide for the protection of life and
331	331	302property, including orders imposing a curfew within designated boundaries where necessary to
332	332	303preserve the public order and safety. Such orders and amendments and rescissions thereof shall
333	333	304be in writing and shall be distributed publicly.
334	334	305 (b) If, because of the emergency conditions, the governing body of a political subdivision
335	335	306is unable to meet promptly, the chief executive officer or acting chief executive officer of any
336	336	307political subdivision shall exercise by proclamation all of the powers conferred upon the
337	337	308governing body under subsection (a) that appear necessary and expedient. The proclamation
338	338	309shall be subject to ratification, alteration, modification or repeal by the governing body as soon 16 of 25
339	339	310as that body can meet; provided, however, that the subsequent action taken by the governing
340	340	311body shall not affect the prior validity of the proclamation.
341	341	312 Section 13. Emergency Management Resource Deployment
342	342	313 The agency is authorized to deploy emergency response personnel, teams, equipment and
343	343	314other resources of the commonwealth, political subdivisions, non-profit or private sector as state
344	344	315resources to support emergency management operations within or beyond the commonwealth as
345	345	316necessary to reinforce local, regional, state or national emergency management efforts.
346	346	317 Emergency management resources, including personnel and teams, shall be deployed
347	347	318based on the critical needs of the situation, taking into account the plans and priorities of the
348	348	319commonwealth, the federal government and other states. Such deployments shall be initiated
349	349	320upon the orders of the agency and shall support emergency management activities in any part of
350	350	321the commonwealth or, under agreed conditions, in other states.
351	351	322 Personnel deployed as part of emergency management resources shall:
352	352	323 (i) if they are employees of the commonwealth, retain all powers, duties, rights,
353	353	324privileges and immunities associated with their employment and continue to receive their regular
354	354	325compensation;
355	355	326 (ii) if they are employees of a political subdivision of the commonwealth, retain all
356	356	327powers, duties, rights, privileges and immunities associated with their employment and continue
357	357	328to receive their regular compensation while serving within or beyond their political subdivision;
358	358	329or 17 of 25
359	359	330 (iii) if they are not employees of the commonwealth or a political subdivision thereof, be
360	360	331entitled to the same rights and immunities as provided by law for employees of the
361	361	332commonwealth; provided, however, that compensation and reimbursement for travel and
362	362	333subsistence expenses shall be provided in accordance with policies established by the agency
363	363	334subject to available funds.
364	364	335 All personnel deployed under this section shall be subject to the operational control of the
365	365	336authority in charge of emergency management activities in the area in which they are serving.
366	366	337 The agency shall issue regulations governing the standards, deployment procedures,
367	367	338training requirements and operational responsibilities for personnel and teams deployed under
368	368	339this program to ensure readiness and effectiveness during emergencies.
369	369	340 Section 14. Emergency Management Tax Relief
370	370	341 Any city or town that accepts the provisions of this section may establish a program to
371	371	342abate up to $1,000 in property taxes due for any fiscal year for a resident of the city or town to
372	372	343provide property tax relief for a non-salaried local director of emergency management and for
373	373	344individuals who are volunteer emergency response workers as defined under this chapter. Such
374	374	345tax relief may provide either: (i) an abatement of up to $1,000 in property taxes due for any fiscal
375	375	346year; or (ii) an exemption applicable to the assessed value of real or personal property up to an
376	376	347amount equal to the quotient of $1,000,000 divided by the mill rate in effect at the time of
377	377	348assessment, expressed as a whole number of dollars per $1,000 of assessed value. A city or town
378	378	349which has accepted the provisions of this section may enact the necessary local by-laws,
379	379	350ordinances, rules or regulations to effectuate the provisions of this section.
380	380	351 Section 15. Emergency Response Worker Liability 18 of 25
381	381	352 Neither the commonwealth, nor any agency, political subdivision or employee thereof,
382	382	353nor any other emergency response worker performing authorized emergency management
383	383	354functions or engaged in emergency preparedness training programs or exercises authorized by
384	384	355the director, shall be liable in any suit for damages as a result of any acts or omissions committed
385	385	356by such person in the course of such emergency management functions, training or exercises,
386	386	357unless such acts or omissions constitute willful, wanton or reckless conduct. The immunity
387	387	358provided in this section shall not apply to any person whose act or omission caused the
388	388	359emergency, in whole or in part. Consistent with the provisions of chapter 12, the attorney general
389	389	360shall appear for and defend the commonwealth, any agency or political subdivision thereof and
390	390	361any emergency response worker against any civil action brought as a result of actions taken
391	391	362during a declared emergency or authorized training or exercises.
392	392	363 In the absence of any other benefits provided by law, all emergency response workers
393	393	364who are killed or who sustain disability or injury while performing authorized emergency
394	394	365management functions shall be construed to be employees of the commonwealth and shall be
395	395	366compensated in like manner as state employees are compensated under the provisions of chapter
396	396	367152. The same shall be true of all emergency response workers killed, disabled or injured while
397	397	368engaged in any emergency preparedness training programs or exercises authorized by the
398	398	369director.
399	399	370 Section 16. Emergency Shelters
400	400	371 In consultation with the secretary and the fire marshal, the director shall establish
401	401	372standards and issue regulations for the designation of emergency shelters within each community
402	402	373or group of communities. Facilities designated as emergency shelters may be utilized for other 19 of 25
403	403	374functions and may not be maintained exclusively for emergency purposes but shall meet
404	404	375minimum emergency structural, capacity and accessibility requirements. The board of building
405	405	376regulations and standards may grant deviations from the applicable building codes to the extent
406	406	377that such building codes conflict with the standards and regulations for emergency shelters.
407	407	378 Any person or entity owning or controlling real estate or other premises who voluntarily
408	408	379and without compensation grants a license or privilege or otherwise permits the use of the whole
409	409	380or any part or parts of such real estate or premises for the purpose of sheltering persons during an
410	410	381actual, impending or mock emergency shall, together with their successors in interests, if any,
411	411	382not be civilly liable for negligently causing the death of, or injury to, any person or for loss of, or
412	412	383damage to, the property of such person on or about such real estate or premises under such
413	413	384license, privilege or other permission, and section 15 of chapter 186 shall not be deemed to apply
414	414	385to any agreement granting such license or privilege or to such other permission, whether such
415	415	386agreement is executed or such other permission given before or after the effective date of this
416	416	387section.
417	417	388 Section 17. Nuclear Planning
418	418	389 The director shall designate certain areas of the commonwealth as nuclear power
419	419	390planning areas. The director shall publish and release to local officials of each political
420	420	391subdivision within such areas preparedness and response plans which shall permit the residents
421	421	392of said areas to evacuate or take other protective actions in the event of a nuclear accident.
422	422	393Copies of such plans shall be made available to the public upon request for a fee which is not to
423	423	394exceed the cost of reproduction. The director shall also publish and release through local officials
424	424	395to the residents of the said areas emergency public information. Such information shall include 20 of 25
425	425	396warning and alerting provisions, evacuation routes, reception areas and other recommended
426	426	397actions for each area.
427	427	398 The director or a designee shall annually review the preparedness and response plans
428	428	399with regard for, but not limited to, such factors as: (i) changes in traffic patterns; (ii) population
429	429	400densities; and (iii) new construction of schools, hospitals, industrial facilities and the like. Where
430	430	401such factors justify a revision of the preparedness and response plan, the director shall notify the
431	431	402appropriate state and local officials and recommend changes to the plan.
432	432	403 In the event of any emergency or threatened emergency that involves a release of
433	433	404radiation, the radiation control program of the department of public health shall be notified.
434	434	405 Section 18. Employee Absence for Emergency Management Service
435	435	406 Any employee of the commonwealth or of any political subdivision may be granted a
436	436	407leave of absence with pay for the purpose of serving as an emergency response worker
437	437	408performing emergency management functions. Any other employer may grant a leave of absence
438	438	409with or without pay to an employee for the purpose of serving as an emergency response worker
439	439	410performing emergency response functions. Said leave shall be approved at the discretion of the
440	440	411employer, whether public or private. In determining whether to grant said leave, the employer
441	441	412should consider the specialized expertise an employee may possess which could enhance the
442	442	413ability of the commonwealth to prepare for, respond to and recover from an emergency.
443	443	414 An employee who is granted a leave of absence with pay pursuant to this section shall be
444	444	415compensated by the employee's employing agency at the employee's regular rate of pay for those
445	445	416regular work hours during which the employee is absent from work, but in no event shall the
446	446	417employee receive overtime pay, shift differential pay, hazardous duty pay or any other form of 21 of 25
447	447	418compensation in addition to the employee's regular pay. An employee who is granted leave
448	448	419pursuant to this section shall not lose any already existing insurance or health care coverage,
449	449	420seniority or any previously accrued vacation time, sick time, personal days, compensation time
450	450	421or earned overtime due to the employee's granted leave of absence.
451	451	422 Section 19. Court Personnel
452	452	423 During a state of emergency, the chief justice of the supreme judicial court, the chief
453	453	424justice of the superior court and the chief justice of the district court, shall consult and
454	454	425recommend to the governor reasonable steps to maintain the safety and security of court
455	455	426personnel, records and persons held in custody. If courts of the commonwealth are ordered to
456	456	427close during a state of emergency, the chief justice of the supreme judicial court, the chief justice
457	457	428of the superior court and the chief justice of the district court shall recommend to the governor
458	458	429reasonable steps to open those court facilities affected by a state of emergency as soon as it is
459	459	430safe and practicable to do so. The chief justice of the supreme judicial court, the chief justice of
460	460	431the superior court and the chief justice of the district court shall work with the members of the
461	461	432judiciary and administrators of the court system to temporarily transfer cases among courts to
462	462	433ensure the continued viability and operability of the commonwealth's justice system.
463	463	434 Section 20. Incident Management Assistance Team
464	464	435 There shall be established within the agency the Massachusetts all-hazards incident
465	465	436management assistance team, hereinafter referred to as the team, to provide professional
466	466	437emergency management support to state agencies, political subdivisions and other entities during
467	467	438incidents requiring enhanced coordination. 22 of 25
468	468	439 The team shall consist of personnel from state agencies, political subdivisions, private
469	469	440organizations and non-profit entities with demonstrated expertise in emergency management,
470	470	441incident command and disaster response. Members shall be selected by the director and shall
471	471	442meet training and qualification standards established by the agency. While activated, members of
472	472	443the team shall be compensated and considered employees of the commonwealth solely for the
473	473	444purposes of performing their emergency management duties.
474	474	445 The team shall have the authority and responsibility to:
475	475	446 (i) support and enhance the operational capabilities of incident command structures
476	476	447during emergencies, including integrating into local or regional emergency operations centers or
477	477	448incident command posts when requested;
478	478	449 (ii) provide technical assistance and strategic advice to incident commanders and local
479	479	450emergency management officials;
480	480	451 (iii) assist in resource coordination, situational analysis and logistical operations during
481	481	452active incidents; and
482	482	453 (iv) facilitate inter-agency communication and cooperation to ensure the seamless
483	483	454integration of state, local and regional response efforts.
484	484	455 The director shall ensure the team is equipped, trained and prepared to deploy promptly
485	485	456when requested. The team’s operational readiness shall be maintained through regular exercises
486	486	457and participation in statewide emergency preparedness initiatives.
487	487	458 Requests for the team may be made by a local emergency management director, state
488	488	459agencies or other authorized entities. The team shall operate in accordance with the 23 of 25
489	489	460comprehensive emergency management plan established pursuant to section 10 and shall adhere
490	490	461to the principles of the national incident management system and the incident command system.
491	491	462 The team shall serve as a critical resource to enhance the commonwealth’s ability to
492	492	463prepare for, respond to and recover from emergencies, and its activities shall be coordinated
493	493	464under the direction of the agency.
494	494	465 Section 21. Continuity of Government
495	495	466 The head of each executive or administrative department of the commonwealth, including
496	496	467the state secretary, the attorney general, the treasurer and receiver-general and the auditor and the
497	497	468director or head of each division in each such department shall designate, by name or position,
498	498	469persons in their respective department or division who shall exercise, successively, their duties in
499	499	470the event of their absence or disability. Each such designation shall be subject to approval by the
500	500	471governor and council and shall be in effect until revoked by the governor who made such
501	501	472designation. Persons designated under this section to perform the duties of a department or
502	502	473division head in their absence or disability shall perform such duties only in succession to
503	503	474persons so authorized under any other provision of general or special law.
504	504	475 Section 22. Water Emergency
505	505	476 Any city or town, water district, water supply district, fire and water district, fire district
506	506	477or water company may contract with any other such city, town, district or water company for the
507	507	478interconnection of their water distribution systems and for providing and using any necessary
508	508	479pumping equipment for the supplying of water for domestic, fire and other purposes. The
509	509	480supplying of water for domestic purposes for extended periods shall be subject to the provisions
510	510	481of section 40 of chapter 40. Such interconnections made with the works of the Massachusetts 24 of 25
511	511	482water resource authority or any municipality, district or water company supplied therefrom shall
512	512	483be subject to the provisions of chapter 92.
513	513	484 Section 23. Emergency Planning and Community Right-to-Know Act
514	514	485 There is hereby established a state emergency response commission that shall be
515	515	486responsible for implementing the federal Emergency Planning and Community Right-to- Know
516	516	487Act, also known as Title III of the Superfund Amendments and Reauthorization Act. The state
517	517	488emergency response commission shall be chaired by the director or designee, and shall consist
518	518	489of: the commissioner of the department of environmental protection or a designee; the president
519	519	490of the Massachusetts Association of Hazardous Materials Technicians or a designee; the colonel
520	520	491of the state police or a designee; the commissioner of the department of public health or a
521	521	492designee; the state fire marshal or a designee; local or regional emergency planning committees
522	522	493as selected by the chair; the attorney general or designee; the regional administrator of the United
523	523	494States Environmental Protection Agency or a designee; the president of the Massachusetts Chiefs
524	524	495of Police Association or a designee; the president of the Fire Chiefs Association of
525	525	496Massachusetts or a designee; the secretary of transportation or a designee; and a member of the
526	526	497public appointed by the chair. The chair may appoint other such members to the extent additional
527	527	498expertise is necessary to carry out the commission's responsibilities. The commission shall meet
528	528	499at such times and places as determined by the chair. The director shall establish local and
529	529	500regional emergency planning committee jurisdictions to develop hazardous materials emergency
530	530	501plans to use in responding to and recovering from a release or spill of hazardous or toxic
531	531	502substances as provided by said federal law. The day-to-day functions of the state emergency
532	532	503response commission shall be the responsibility of the agency. 25 of 25
533	533	504 SECTION 3. Subsection (2) of section 3 of chapter 32, as appearing in the 2022 Official
534	534	505Edition, is hereby amended by inserting in the definition of Group 2 in paragraph (g) after the
535	535	506words “fire services having police powers” the following words:- ; employees of the
536	536	507Massachusetts emergency management agency.
537	537	508 SECTION 4. Section 7E of chapter 90 of the General Laws, as so appearing, is hereby
538	538	509amended by striking out the words “vehicles specified in section seven D used for transporting
539	539	510school children, and vehicles specified in section seven I” and inserting in place thereof the
540	540	511following words:- vehicles specified in section 7D for transporting school children, emergency
541	541	512management vehicles and vehicles specified in section 7I.
542	542	513 SECTION 5. Section 23B of chapter 149 of the General Laws is hereby repealed.
543	543	514 SECTION 6. Chapter 639 of the Acts of 1950 is hereby repealed.