2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:726. Governor's Office of Homeland Security and Emergency Preparedness; authority and responsibilities

RS 29:726 - Governor's Office of Homeland Security and Emergency Preparedness; authority and responsibilities
A. The Governor's Office of Homeland Security and Emergency Preparedness, under the governor, shall be responsible for homeland security and emergency preparedness in the state. In order to perform the duties and functions required under this Chapter, the office may establish and maintain office of homeland security and emergency preparedness operations centers. The office may obtain immovable property for such operations centers by sale, transfer, grant, donation, lease, exchange, or any other means, including interagency transfers of property and cooperative endeavors.
B. The office shall prepare and maintain a homeland security and state emergency operations plan and keep it current. The plan shall include the following:
(1) Prevention and minimization of injury and damage caused by disaster or emergency.
(2) Prompt and effective response to disaster or emergency.
(3) Emergency relief.
(4) Identification of areas particularly vulnerable to disasters or emergency.
(5) Recommendations for zoning, building, and other land use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures, and other preventive and preparedness measures designed to eliminate or reduce disasters or their impact.
(6) Assistance to local officials in designing local emergency action plans.
(7) Authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage, or loss from flood, conflagration, or other disaster.
(8) Preparation and distribution to the appropriate state and local officials of catalogs of federal, state, and private assistance programs.
(9) Organization of manpower and chains of command.
(10) Coordination of federal, state, and local homeland security, disaster or emergency activities.
(11) Coordination of the state operations plan with the homeland security and emergency plans of other state agencies, local government, and the federal government.
(12) All parish hazard plans, hurricane evacuation and shelter plans, hazard mitigation plans, homeland security and emergency response plans, and such other emergency plans as required.
(13) Other necessary matters.
(14) Prevention of terrorist attacks within this state and reduction of the vulnerability of the homeland to terrorism, minimize the loss of life, injury, and property damage in the state resulting from acts of terrorism, and the coordination of all state and local plans for securing the homeland.
(15) Coordination with the Department of Homeland Security of the United States of responsibilities, duties, activities, and programs as may be required under the federal Homeland Security Act of 2002 for securing the homeland.
(16) Coordinating public-private sector relationships during a disaster or emergency declared pursuant to R.S. 29:724, or during a disaster or emergency that does not rise to the level of a declaration, to assist in response and recovery efforts including soliciting and distributing donated resources from the private sector to meet the needs of an emergency or disaster. This authority shall not be subject to the limitations of R.S. 42:1115.
C. The Governor's Office of Homeland Security and Emergency Preparedness shall take an integral part in the development and revision of local and interjurisdictional emergency plans prepared under this Chapter. To this end it shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions, their homeland security and emergency preparedness agencies, and interjurisdictional planning and homeland security and emergency preparedness agencies. These personnel shall consult with subdivisions and agencies on a regularly scheduled basis and shall make field examinations of the areas, circumstances, and conditions to which particular local and interjurisdictional disaster plans are intended to apply, and may suggest or require revisions.
D. In preparing and revising the state homeland security and emergency operations plan, the office shall seek the advice and assistance of local government, business, labor, industry, agriculture, civic and volunteer organizations, and community leaders. In advising local and interjurisdictional agencies, the office shall encourage them also to seek advice from these sources.
E. The office shall either directly or through authorized assignment to another state agency or department:
(1) Determine requirements of the state and its political subdivisions for food, clothing, and other necessities in the event of an emergency.
(2) Procure and pre-position supplies, medicines, materials, and equipment.
(3) Promulgate standards and requirements for local and interjurisdictional disaster plans.
(4) Periodically review local and interjurisdictional disaster plans.
(5) Provide for mobile support units.
(6) Assist political subdivisions, their homeland security and emergency preparedness agencies, and interjurisdictional homeland security and emergency preparedness agencies in establishing and operating training programs and programs of information.
(7) Make surveys of industries, resources, and facilities within the state, both public and private, as are necessary to carry out the purposes of this Chapter.
(8) Plan and make arrangements for the availability and use of any private facilities, services, and property and, if necessary and if in fact used, provide for payment for use under terms and conditions agreed upon.
(9) Establish a register of persons, including but not limited to volunteers described in R.S. 29:735.3.1, with types of training and skills important in homeland security and emergency mitigation, preparedness, response, and recovery.
(10) Establish a register of mobile and construction equipment and temporary housing available for use in a disaster emergency.
(11) Prepare, for issuance by the governor, executive orders, proclamations, and regulations as necessary or appropriate in coping with disasters or emergencies.
(12) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this Chapter and in implementing programs for disaster emergency mitigation, preparation, response, and recovery.
(13)(a) Include a proposed evacuation component in the homeland security and state emergency operations plan that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of evacuation activities.
(b) The proposed evacuation component shall, at a minimum, include all of the following:
(i) Guidelines for lifting tolls on state highways.
(ii) Procedures for ensuring coordination pertaining to evacuees crossing parish lines.
(iii) Procedures for directing people caught on evacuation routes to safe shelter.
(iv) Establishment of strategies for ensuring sufficient, reasonably priced fueling locations along evacuation routes.
(v) Establishment of policies and strategies for emergency medical evacuations.
(14)(a) Include a proposed shelter component in the homeland security and state emergency operations plan that includes specific regional and interregional planning provisions and promotes coordination of shelter activities between the public, private, and nonprofit sectors.
(b) The proposed shelter component shall, at a minimum, include all of the following:
(i) Establishment of strategies to ensure the availability of adequate public shelter space in each area of the state.
(ii) Establishment of strategies for refuge-of-last-resort programs.
(iii) Establishment of strategies to assist local emergency management efforts to ensure that adequate staffing plans exist for all shelters, including medical and security personnel.
(iv) Provisions for a post-disaster communications system for public shelters.
(v) Establishment of model shelter guidelines for operations, registration, inventory, power generation capability, information management, and staffing.
(vi) Procedures setting forth police guidelines for sheltering people with special needs.
(c) Notwithstanding the provisions of R.S. 15:542 to the contrary and notwithstanding any other provision of law to the contrary, a proposed shelter component in the homeland security and state emergency operations plan effective during a declared state of emergency shall include the following requirements:
(i) That a registered sexual offender shall not knowingly be housed or sheltered in the same area with other evacuees.
(ii) That a registered sexual offender, if possible, shall be provided shelter or housing in an alternative shelter separate and apart from the general population of evacuees.
(d) Notwithstanding the provisions of R.S. 15:542 or any other provision of law to the contrary, a proposed shelter component in the homeland security and state emergency operations plan shall include after the termination of the declared state of emergency, the following requirements:
(i) That a registered sexual offender shall not knowingly be housed or sheltered in shelters, hotels, Federal Emergency Management Agency trailer parks, or any other housing funded by the Federal Emergency Management Agency where the general population of evacuees is staying.
(ii) That a registered sexual offender shall be provided shelter or housing in an alternative location separate and apart from the shelters, hotels, or Federal Emergency Management Agency trailer parks or any other housing funded by the Federal Emergency Management Agency where the general population of evacuees are staying.
(e) During and after termination of a declared state of emergency, any person, official, or personnel of a federal or state charitable organization or institution who becomes aware of the fact that there is a registered sex offender being housed in any shelter facility shall be required to notify and disclose to the sheriff of the parish and the chief of police of the municipality the identity of any registered sex offender housed, even in a separate area, in the shelter facility.
(f) During or after the termination of a declared state of emergency, any person, official, or personnel of a federal or state charitable organization or institution reporting in good faith the name of a registered sex offender housed in any of their shelter facilities shall be immune from any civil or criminal liability which might otherwise result by reason of such action.
(15)(a) Include a proposed post-disaster response and recovery component in the homeland security and state emergency operations plan that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of post-disaster response and recovery activities.
(b) This proposed component shall provide for post-disaster response and recovery strategies according to whether a disaster or emergency is minor, major, or catastrophic.
(c) The proposed post-disaster response and recovery component shall, at a minimum, include all of the following:
(i) Establishment of the state's plan for post-disaster response and recovery.
(ii) Establishment of procedures for activating the state's plan.
(iii) Establishment of policies used to guide post-disaster response and recovery activities.
(iv) Description of the initial and continuous post-disaster response and recovery actions.
(v) Identification of the roles and responsibilities of each involved agency and organization.
(vi) Establishment of a comprehensive communications plan.
(vii) Establishment of procedures for monitoring mutual aid agreements.
(viii) Provision for rapid impact assessment teams.
(ix) Procedures to ensure the availability of an effective statewide urban search and rescue program coordinated with fire and emergency responders.
(x) Procedures to ensure the existence of a comprehensive statewide medical care and relief plan directed by the Louisiana Department of Health.
(xi) Establishment of systems for coordinating volunteers and accepting and distributing donated funds and goods.
(16)(a) Propose the assignment of lead and support responsibilities to state agencies and personnel for emergency support functions and other support activities.
(b) Work in coordination with parish governing authorities to facilitate parish evacuation plans.
(c) Provide assistance to parish offices of emergency preparedness in the preparation of parish emergency operations plans.
(d) Report biennially to the governor, president of the Senate, speaker of the House of Representatives, and the chairperson of both the House and Senate committees having jurisdiction over homeland security and emergency preparedness, no later than February first of every odd-numbered year on the status of the emergency management capabilities of the state and its political subdivisions along with the most recent copy of the emergency operations plan.
(e) Provide a proposed initial progress report to the House Committee on House and Governmental Affairs and the Senate Committee on Senate and Governmental Affairs by May 1, 2006.
(17) By May 31, 2006, promulgate standards and regulations in accordance with the Administrative Procedure Act for local governments when a mandatory evacuation has been ordered for the evacuation of people located in high-risk areas utilizing all available modes of transportation, including but not limited to school and municipal buses, government-owned vehicles, vehicles provided by volunteer agencies, trains, and ships in advance of the approach of the storm to public shelters located outside of the risk area with priority consideration being given to the special needs of the following classes of people:
(a) The people with specific special needs such as persons who are elderly and persons who are infirm.
(b) Tourists.
(c) Those who refuse to leave.
(d) Those without personal transportation.
(18) By May 31, 2006, promulgate standards and regulations in accordance with the Administrative Procedure Act for local governments when a mandatory evacuation has been ordered for the evacuation or safe housing of essential workers located in high-risk areas.
(19) Report to the House Committee on Municipal, Parochial and Cultural Affairs and the Senate Committee on Local and Municipal Affairs by May 31, 2006, on their compliance with the provisions of Paragraphs (17) and (18) of this Subsection.
(20)(a) In consultation with parish homeland security and emergency preparedness agency authorities, assist in the formulation of emergency operation plans for the humane evacuation, transport, and temporary sheltering of service animals and household pets in times of emergency or disaster.
(i) Require that persons with disabilities who utilize service animals, as defined in the Americans with Disabilities Act, are evacuated, transported, and sheltered with those service animals and inform all facilities that provide shelter to persons with disabilities who are accompanied by their service animals of their legal obligation to provide shelter to both the person with a disability and the service animal.
(ii)(aa) Assist in the identification of evacuation shelters and other state facilities that are designed and equipped to accept and temporarily house household pets and canine search and rescue teams.
(bb) Assist in the development of guidelines for such shelters which may include standards or criteria for admission to such shelters, health and safety standards, basic minimum animal care standards regarding nutrition, space, hygiene, and medical needs, protocols, and procedures for ensuring adequate sheltering, management, and veterinary staffing for such shelters.
(iii)(aa) Enable, wherever possible, pet and pet-owner evacuations for residents with disabilities, who are elderly, or who have special needs, and all other residents whenever such evacuations can be accomplished without endangering human life.
(bb) The office shall coordinate the establishment of an identification system to enable household pet owners who are separated from their household pets during an evacuation to locate and reclaim such household pets.
(iv) Allow household pets in cages or carriers that safely and securely confine such pets and are specifically designed for the containment and transport of such pets to utilize public transportation during an impending disaster, when doing so does not endanger human life. If such pets are not allowed to use public transportation, the primary agency designated under the provisions of R.S. 29:729(E)(13)(b)(i) and (ii) is authorized to provide separate transportation for these pets. The office shall, in consultation with the primary agency designated under the provisions of R.S. 29:729(E)(13)(b)(i) and (ii) and other appropriate agencies, assist in the development of plans to address the evacuation, transportation, and other needs of those household pets that are not evacuated or transported pursuant to this Item.
(v) Require animal shelters, humane societies, veterinary offices, boarding kennels, breeders, grooming facilities, hospitals, schools, animal testing facilities, and any other businesses or not-for-profit agencies that normally house household pets or service animals to create evacuation plans for such animals consistent with the provisions of this Paragraph. Such plans shall be made available to the public upon request and shall be filed annually with the Louisiana Department of Agriculture and Forestry, office of animal health and food safety, and with their respective parish office of homeland security and emergency preparedness.
(vi) Implement a public information program to provide guidance to household pet owners in formulating their own evacuation plans for their household pets and service animals, and inform such pet owners of the resources available to assist them in such evacuations.
(vii) Ensure the primary agency designated under the provisions of R.S. 29:729(E)(13)(b)(i) and (ii) is included in emergency preparedness exercises conducted or arranged through the state or parish government, and that animal rescue, evacuation and sheltering needs of residents with pets are made a part of those exercises.
(b) Coordinate the development and establishment of requirements for the authorization and training of volunteer workers to assist the primary agency designated under the provisions of R.S. 29:729(E)(13)(b)(i) and (ii) in carrying out the provisions of this Paragraph.
(c) For the purposes of this Paragraph, "household pet" shall mean any domesticated cat, dog, and other domesticated animal normally maintained on the property of the owner or person who cares for such domesticated animal.
(21) Establish homeland security and emergency preparedness regions throughout the state, which regions shall only be adopted by and shall be uniform throughout all state agencies and departments for homeland security and emergency preparedness purposes, including but not limited to planning, exercises, response, and recovery.
(22) Conduct meetings, hold hearings, and appoint statewide and regional advisory committees to assist in all matters consistent with the intent and purposes of this Chapter.
(23) Review annually the state emergency operations plan.
(24) Review annually the state continuity of government plan.
(25) Repealed by Acts 2022, No. 526, §2, eff. June 16, 2022.
(26) Do other things necessary, incidental, or appropriate for the implementation of this Chapter.
(27) For emergencies not rising to the level of a state declaration of an emergency, but still threatening life, safety or health of Louisiana residents, the Governor's Office of Homeland Security and Emergency Preparedness director may coordinate the solicitation and donation of resources needed to meet the needs of citizens. This authority shall not be subject to the limitations of R.S. 42:1115.
(28) Hold the legal responsibility for the Louisiana Emergency Management Assistance Compact under the provisions of R.S. 29:733.
(29)(a) Activate the Statewide Cemetery Response Task Force pursuant to R.S. 29:726.4.
(b) Review assessments for the Statewide Cemetery Response Task Force to determine the continued need for assistance from that body.
(30) Prior to August 1, 2022, promulgate standards and regulations in accordance with the Administrative Procedure Act regarding disbursement of assets and diversion of resources during a federally or gubernatorially declared emergency. For purposes of expeditious implementation of the provisions of this Paragraph, the office shall utilize emergency rulemaking for the promulgation of the initial administrative rules.
F. No later than August 1, 2022, GOHSEP shall:
(1) Ensure that the official state emergency management software system:
(a) Is accessible to all sixty-four parishes to monitor and manage activities before, during, and after an emergency or disaster.
(b) Is accessible to the president of the Senate, the speaker of the House of Representatives, the chairman of the Senate Select Committee on Homeland Security, and the chairman of the House Select Committee on Homeland Security for the purpose of viewing the status of requests for resources and services.
(c) Has the capability to allow GOHSEP to update the status of all requests for resources and services continuously and make the information simultaneously available to all users.
(d) Sends automatic notifications to the requesting parish when the status of a request changes.
(2)(a) Develop an emergency management training program for local officials and employees. The training program shall contain the following components:
(i) Instruction on submitting requests for resources and services.
(ii) Standards and regulations for the disbursement of assets and diversion of resources during a federally or gubernatorially declared emergency.
(iii) Information on the roles of GOHSEP, the parish offices of homeland security and emergency preparedness, and state agencies that provide resources and assistance for disaster preparedness, response, and recovery.
(iv) Information on contracting for goods and services before, during, and after a disaster, procurement procedures, reimbursement requirements from the Federal Emergency Management Agency, and the utilization of prepositioned contracts.
(v) Availability and utilization of nonprofit organizations.
(b) GOHSEP shall provide the training to local officials and employees identified by the parish president pursuant to the provisions of R.S. 29:728(G) on no less than an annual basis and shall provide additional training as requested by any director of a parish office of homeland security and emergency preparedness.
(c) GOHSEP shall provide the training to all members of the legislature at the beginning of each legislative term and shall provide additional training as requested by the president of the Senate, the speaker of the House of Representatives, the chairman of the Senate Select Committee on Homeland Security, or the chairman of the House Select Committee on Homeland Security.
(d) The training may be provided in-person or virtually; however, any virtual training shall require active participation from attendees.
(3) Develop a program to provide additional funding and resources for temporary housing and shelter assistance to parish governing authorities within the first fourteen days following a presidential declaration of a major disaster or emergency. GOHSEP shall prioritize implementation of the program based on the projected level of impact. The program shall include the following:
(a) GOHSEP shall enter into prepositioned contracts for temporary housing and shelter and professional services for disaster recovery, grant management, and administration for the program. GOHSEP shall prioritize post-disaster delivery time when letting the contracts.
(b) A parish governing authority shall be eligible for participation in the program if all of the following conditions are met:
(i) The parish is included in a presidential declaration of a major disaster or an emergency.
(ii) The parish governing authority submits a request to GOHSEP within seven days after the presidential disaster declaration.
(iii)(aa) The parish governing authority has submitted a certification to GOHSEP that the local governing authority will waive any land use regulations relative to permitting for mobile homes, recreational vehicles, and other temporary housing directly adjacent to the survivor's damaged dwelling to allow for expedited temporary housing assistance in the parish.
(bb) If the parish governing authority submits the certification to waive parish land use regulations but the municipal governing authority fails to submit the certification, the temporary housing assistance shall only apply for parish residents residing outside of the municipality.
(cc) For calendar year 2022, each parish and municipality shall submit the certification or opt out of participating in the program no later than September first.
(4) Develop a process for parishes and municipalities to submit the waiver certification or opt out of the program through the state emergency management software system. Parishes and municipalities shall be given the opportunity to change the selection regarding the waiver each year. GOHSEP shall make the list of parishes and municipalities that have submitted the certification or opted out of participating in the program accessible to the public on its website.
(5) Work with state agencies and parish offices of homeland security and emergency preparedness to complete an inventory of portable generators owned by the state and local governments which are capable of operating during a major disaster. The inventory shall identify, at a minimum, the location of each generator, the number of generators stored at each specific location, the agency to which each generator belongs, the primary use of the generator by the owner agency, and the names, addresses, and telephone numbers of persons having the authority to loan the stored generators as authorized by the division during a declared emergency.
G.(1) GOHSEP shall coordinate with the office of state procurement and all state agencies that provide emergency support functions to ensure that the state is prepared to efficiently respond to disasters and emergencies. This effort shall include the state having prepositioned contracts in place for the ensuing fiscal year no later than June thirtieth of each year. However, for Fiscal Year 2022-2023, the prepositioned contracts shall be in place no later than September 1, 2022.
(2) The prepositioned contracts shall include but not be limited to the following:
(a) Transportation services for evacuation purposes.
(b) Temporary housing and sheltering.
(c) Generators.
(d) Emergency food supplies, water, and ice.
(e) Debris removal.
(f) Professional services for disaster recovery, grant management, and administration.
(3) All prepositioned contracts shall be procured in compliance with applicable state and federal procurement regulations.
(4) No later than July fifteenth of each year, GOHSEP shall submit a list of all prepositioned contracts entered into pursuant to this Subsection to the Joint Legislative Committee on the Budget and the House and Senate select committees on homeland security.
Acts 1993, No. 800, §1, eff. June 22, 1993; Acts 1999, No. 577, §1, eff. June 30, 1999; Acts 2003, No. 40, §2, eff. May 23, 2003; Acts 2006, 1st Ex. Sess., No. 35, §§1, 8, eff. March 1, 2006; Acts 2006, 1st Ex. Sess., No. 36, §1; Acts 2006, 1st Ex. Sess., No. 39, §1; Acts 2006, No. 285, §2; Acts 2006, No. 442, §3, eff. June 15, 2006; Acts 2006, No. 615, §1, eff. June 23, 2006; Acts 2006, No. 800, §1; Acts 2009, No. 24, §2, eff. June 12, 2009; Acts 2014, No. 811, §15, eff. June 23, 2014; Acts 2018, No. 713, §1; Acts 2022, No. 526, §§1, 2, eff. June 16, 2022; Acts 2022, No. 690, §1.