Tennessee Emergency Management Agency
James Bassham, Director
Legal Announcements - Public Notices and Guidance
PUBLIC MEETINGS
A public meeting of the State Emergency Response Commission has been scheduled.
Date: March 12, 2010
Time: 10 a.m.
Location: TEMA, Suiter Rm., 3041 Sidco Dr., Nashville, TN 37204
Meeting notice posted on Feb. 10, 2010 at 3:51 p.m.
STANDING GUIDANCE:
TEMA will announce meetings of the State Emergency Response Commission (SERC) at this site to ensure that the public is aware of scheduled meetings. The SERC is formed to meet the federal requirements of law under Public Law 499, Emergency Planning and Community Right-to-Know Act (EPCRA).
The membership of the SERC includes:
- The Director of TEMA (chairman)
- The Adjutant General, Department of Military
- Commissioner, Department of Environment and Conservation
- Commissioner, Department of Health
- Commissioner, Department of Labor and Workforce Development --must also be present or be represented by Tennessee Occupational Safety and Health Administration
The State Emergency Response Commission must:
- Provide expertise and advice to the Governor in regard to response to all types of hazardous materials emergencies.
- Prepare a hazardous materials emergency plan for response and public safety. This plan may be integrated into the Tennessee Emergency Management Plan (TEMP) signed by the Governor.
- Evaluate the need for resources necessary to develop, implement and exercise the hazardous materials emergency plan. Make recommendations to the local governing body to obtain resources required.
- Review and approve annually or more frequently as required LEPC hazardous materials emergency plans or make recommendations for improvement as necessary. The plan may be included in the county basic emergency operations plan (BEOP). Review and approve appointments to LEPC.
- Receive notices of accidents or other releases and follow-up emergency notices from the LEPCs.
- Proactively review actions taken by the chemical industry and others required to notify or report as required under the law and optionally commence a civil action against an owner or operator of a facility for failure to provide information under Section 303(d) or for failure to submit Tier II information under Section 312(e)(1).
- Develop and implement a hazardous materials reporting system in accordance with the provisions of Title III, including a system to receive, process and store information, and report to appropriate officials on hazardous materials.
- Make provisions for public notification of committee activities, public meetings to discuss the emergency plan, public comments, response to such comments by the committee and distribution of the plan.
- Establish procedures for receiving and processing requests from the public for information under Section 324 and Tier II information under Section 312. Provide requested information to those who request it within 45 days. Appointment of the TEMA Title III Coordinator is recommended with the title of Coordinator of Information or a similar designation.
Rules and Regulations
The are several state laws, regulations and Executive Orders that apply to the Tennessee Emergency Management Agency, its activities and/or disasters and emergencies in Tennessee in general. For precise guidance, please go directly to the reference cited.
Executive Orders of the Governor
Governor's Executive Order 15
Governor Ned McWherter's Executive Order 15 is the document that establishes TEMA as the lead agency for the coordination of all emergency response activities of state government. EO15 also establishes the Emergency Services Coordinator (ESC) program, and requires the Commissioners and directors of all state agencies to designate a primary and alternate ESC, and provide them with a state vehicle, pager, cellular phone and radio capable of communicating with TEMA.
Governor's Executive Order 7
Governor Ned McWherter's Executive Order 7 makes TEMA the lead agency for carrying out the provisions of the Superfund Amendments and Reauthorization Act of 1986, specifically making TEMA the administrative arm of the State Emergency Response Council.
Governor's Executive Order 49
Governor Phil Bredesen's Executive Order 49 establishes the State of Tennessee Public Safety Wireless Interoperable Communications Advisory Board to encourage public departments and agencies to purchase similar communications equipment that will operate with each other. This is intended to ensure that the improved exchange of information would expansively improve government cooperation and performance during emergencies.
Attorney General's Opinions
ATTORNEY GENERAL OPINIONS AFFECTING EMERGENCY MANAGEMENT:
APPROVAL OF EMERGENCY MANAGEMENT FUNDING-According to the Attorney General (OAG 09-140) the director of a county emergency management agency may establish a secondary emergency operating center somewhere in the county when the mayor has approved the measure and when the county commission has approved the measure. This is so even if the city where the center is operated will pay for it.
The opinion further clarifies that the mayor is in charge (command and control) of the emergency management agency, not any commissioner or other official. The act does not give the county mayor sole authority over all decisions of the emergency management agency, but requires the approval of the county commission. The intent of the law is likely to require the county commission to develop or approve the emergency plan and any plan which would require fiscal expenditure.
VOLUNTEERS- According to the Attorney General (OAG 04-174), volunteers do not qualify for “worker’s compensation benefits in the event of death or injury.” “Volunteers” are individuals who do not work for the government of the State of Tennessee. This definition does not include any employee of the government volunteering for service not typically in the employee’s normal duty or at the employee’s normal workplace. Volunteers still must be registered with the Board of Claims. Volunteers are provided “sovereign immunity” in states that have reciprocal agreements for emergency management. Volunteers must be reimbursed for all actual and necessary travel and subsistence if funds are available. If a person is paid more than expenses, that person is no longer a volunteer. TEMA policy is that volunteers will not be deployed outside the state as part of a federal or state team under EMAC or any other emergency management program. This ensures that state law (TCA 58-2-403) (EMAC agreement) requirements are met regarding payment of compensation for deaths or injuries in the line of duty.
Emergency Management References in State Law
There are several state laws that apply to the Tennessee Emergency Management Agency, its activities and/or disasters and emergencies in Tennessee in general.
Tennessee Code Annotated, Title 58, Chapter 2
TCA 58-2-101 - Disasters, Emergencies and Civil Defense, is the organic act that establishes TEMA, and defines what constitutes an emergency within Tennessee. This chapter also requires each county within the state to create and staff an emergency management organization, and directs that all local emergency plans conform to the design and functional requirements of the state's. Additionally, the law that previously existed as TCA 7-86-201 (the Public Safety Communications Act), has now been subsumed into this chapter. This is the legislation that creates the Public Safety Committee and defines standards for emergency dispatchers and the training they receive. This chapter runs through section 58-2-124.
Tennessee Code Annotated, Title 58, Chapter 2, Part 4
TCA 58-2-401 - Authority for Compact. This part authorizes civil defense and disaster compacts to be formed by the Governor. This includes the Civil Defense and Disaster Compact and the Emergency Management Assistance Compact. Articles of the agreements are found here.
Tennessee Code Annotated, Title 58, Chapter 2, Part 6
TCA 58-2-601 - Accidents Involving Hazardous Materials. This part establishes a requirement to report hazardous materials accidents involving placarded transportation, other notifications and cleanup requirements.
Tennessee Code Annotated, Title 58, Chapter 8
TCA 58-8-101 - Mutual Aid and Emergency and Disaster Assistance Agreement Act of 2004. This chapter consists of 15 sections that grant special powers to counties to invoke mutual aid provisions.
Tennessee Code Annotated, Title 65, Chapter 15, Section 126
TCA 65-15-126 requires persons transporting nuclear fuel through the state of Tennessee to notify TEMA and the Department of Safety of the act, and to provide for the appropriate safety precautions and escorts for the vehicles.
Tennessee Code Annotated, Title 68, Chapter 202, Section 104
TCA 68-202-104 requires the agency to provide training in the detection and monitoring of radioactive materials to personnel who staff the four commercial vehicle inspection centers across the state.
Emergency Management Law Changes
New Laws from 2009
These acts may directly affect operations of emergency management.
SB-0890/HB-0713 - Emergency Management -
SB-1243/HB-0815 - Emergency Management
Adds firefighters, emergency medical technicians and any other emergency management personnel to the law that prohibits pointing a laser at a law enforcement officer with the intent to harm.
SB-0107/HB-0393 - Motor Vehicles
HB-0980/SB-1685 - TEMA
HB-1778/SB-1992 - Gun control
Chapter 853. (10-7-504)
Confidential status of personal information of government employees. Amends protected information of state employees to include home telephone and personal cell phone numbers, residential information, including the street address, city, state and zip code (same for county, municipal and other public employees). [adds to previously existing law: unpublished telephone numbers, bank account information, driver's license information (except as it applies to the state job duties), social security number and same information for state employees' immediate family or household members.]
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