In this title the following words have the meanings indicated. “Department” means the Maryland Department of Emergency Management. “Emergency” means the imminent threat or occurrence of severe or widespread loss of life, injury, or other health impacts, property damage or destruction, social or economic disruption, or environmental degradation from natural, technological, or human–made causes. “Emergency management” means the planning, implementing, and conducting of risk reduction and consequence management activities across the mission areas of prevention, protection, mitigation, response, and recovery to enhance preparedness, save lives, preserve public health and safety, protect public and private property, and minimize or repair injury and damage that results or may result from emergencies. “Emergency management” does not include the preparation for and carrying out of functions in an emergency for which the uniformed services are primarily responsible. “Emergency manager” means an individual whose primary duty of employment is to execute the mission of emergency management. “Local organization for emergency management” means an organization established by a political subdivision or other local authority under § 14–109 of this subtitle. “Political subdivision” means a county or municipal corporation of the State. “Secretary” means the Secretary of Emergency Management. “Senior elected official” means: the mayor; the county executive; for a county that does not have a county executive, the president of the board of county commissioners or county council or other chief executive officer of the county; or for a municipal corporation that does not have a mayor, the burgess, chairperson, or president of the municipal governing body or other chief executive officer of the municipal corporation.

To ensure that the State will be adequately prepared to deal with emergencies, to protect the public peace, health, and safety in the State, to preserve the lives and property of the people of the State, and to ensure the social and economic resilience of the State, it is necessary to: establish a Maryland Department of Emergency Management; authorize the establishment of local organizations for emergency management in the political subdivisions; confer on the Governor and on the senior elected officials or governing bodies of the political subdivisions the emergency powers provided in this subtitle; provide for the rendering of mutual aid among the political subdivisions and with other states in carrying out emergency management functions; and authorize a comprehensive emergency management system that empowers all State departments and agencies to systematically prepare for, mitigate, respond to, and recover from potential or actual emergencies through risk reduction and consequence management. It is the policy of the State and the purpose of this subtitle to coordinate, to the maximum extent possible, all emergency management functions of the State with the comparable functions of the federal government, other states, political subdivisions, other localities, and private agencies, so that the most effective preparation and use may be made of the resources and facilities available for dealing with any potential or actual emergency. It is the policy of the State that the initial governmental authority and responsibility for emergency management activities and operations be placed at the local level. The State shall prepare for emergency management activities and operations and coordinate activity in support of the response, but may not preempt local authority for responding to an emergency unless: the emergency involves more than one political subdivision; and one or more of the political subdivisions involved makes a request for State–level authority to coordinate or intervene; the political subdivision or subdivisions in which the emergency occurs issues a request from the senior elected official for the State to assume authority for the emergency; evidence exists that the political subdivision is overwhelmed by the emergency; or the Governor or the Governor’s designee determines that additional resources are necessary to protect the public interest.

There is a Maryland Department of Emergency Management established as a principal department of the Executive Branch of State government. The Department has primary responsibility and authority for developing emergency management policies and is responsible for coordinating disaster risk reduction, consequence management, and disaster recovery activities. The Department may act to: reduce the disaster risk and vulnerability of persons and property located in the State; develop and coordinate emergency planning and preparedness; and coordinate emergency management activities and operations: relating to an emergency that involves two or more State agencies; between State agencies and political subdivisions; with local governments; with agencies of the federal government and other states; and with private and nonprofit entities. The Department may adopt regulations to implement and enforce this subtitle.

The head of the Maryland Department of Emergency Management is the Secretary of Emergency Management, who shall be appointed by the Governor with the advice and consent of the Senate. The Secretary: serves without a fixed term and may be removed by the Governor; is entitled to the salary provided in the State budget; and shall devote full time to the duties assigned to the Secretary. The Secretary is responsible to the Governor for carrying out the State emergency management program. If the Governor has formally declared the threat or occurrence of an emergency, the Secretary shall coordinate the activities of all organizations for emergency management operations in the State. The Secretary, in collaboration with other public and private agencies in the State, shall develop or cause to be developed mutual aid agreements for reciprocal emergency aid and assistance in case of emergency of an extreme nature that affects two or more political subdivisions. The Secretary shall maintain liaison and cooperate with emergency management agencies and organizations of other states and the federal government. The Secretary may employ personnel in accordance with the State budget and subject to the conditions and limitations of the State Personnel and Pensions Article. The Secretary may make expenditures within the appropriations in the State budget or from other money made available to the Secretary for purposes of emergency management as necessary to carry out this subtitle.

In this section the following words have the meanings indicated. “Community sewerage system” has the meaning stated in § 9–501 of the Environment Article. “Community water system” has the meaning stated in § 9–401 of the Environment Article. “Crisis and emergency risk communication plan” means a plan for communicating during an emergency. “Local government” includes local school systems, local school boards, and local health departments. “Unit” means the Cyber Preparedness Unit. There is a Cyber Preparedness Unit in the Department. In coordination with the State Chief Information Security Officer, the Unit shall: develop and regularly update an online database of cybersecurity training resources for local government personnel, including technical training resources, cybersecurity continuity of operations templates, and consequence management plans; assist local governments in the development of cybersecurity preparedness and response plans, including: implementing best practices and guidance developed by the State Chief Information Security Officer; identifying and acquiring resources to complete appropriate cybersecurity vulnerability assessments; and providing guidance to local emergency management organizations for incidents against water and wastewater facilities; connect local governments to appropriate resources for any other purpose related to cybersecurity preparedness and response; as necessary and in coordination with the National Guard, local emergency managers, and other State and local entities, conduct regional cybersecurity preparedness exercises; establish regional assistance groups to deliver and coordinate support services to local governments, agencies, or regions; and develop guidance for crisis and emergency risk communication for local emergency management organizations in the State. The Unit shall support the Office of Security Management in the Department of Information Technology during emergency response efforts. Each local government shall report a cybersecurity incident, including an attack on a State system being used by the local government, to the appropriate local emergency manager and the State Security Operations Center in the Department of Information Technology and to the Maryland Joint Operations Center in the Department in accordance with paragraph (2) of this subsection. For the reporting of cybersecurity incidents under paragraph (1) of this subsection, the State Chief Information Security Officer shall determine: the criteria for determining when an incident must be reported; the manner in which to report; and the time period within which a report must be made. The State Security Operations Center shall immediately notify appropriate agencies of a cybersecurity incident reported under this subsection through the State Security Operations Center. Five Position Identification Numbers (PINs) shall be created for the purpose of hiring staff to conduct the duties of the Maryland Department of Emergency Management Cybersecurity Preparedness Unit. For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least: $220,335 for 3 PINs for Administrator III positions; and $137,643 for 2 PINs for Administrator II positions. The Department shall include cybersecurity attack information on the Department’s website.

In this section the following words have the meanings indicated. “Fund” means the Local Cybersecurity Support Fund. “Local government” includes local school systems, local school boards, and local health departments. There is a Local Cybersecurity Support Fund. The purpose of the Fund is to: provide financial assistance to local governments to improve cybersecurity preparedness, including: updating current devices and networks with the most up–to–date cybersecurity protections; supporting the purchase of new hardware, software, devices, and firewalls to improve cybersecurity preparedness; recruiting and hiring information technology staff focused on cybersecurity; paying outside vendors for cybersecurity staff training; conducting cybersecurity vulnerability assessments; addressing high–risk cybersecurity vulnerabilities identified by vulnerability assessments; implementing and maintaining integrators and other similar intelligence sharing infrastructure that enable connection with the Information Sharing and Analysis Center in the Department of Information Technology; and supporting the security of local wastewater treatment plants, including bicounty, county, and municipal plants, by acquiring or implementing cybersecurity–related upgrades to the plants; and assist local governments applying for federal cybersecurity preparedness grants. The Secretary shall administer the Fund. The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. The Fund consists of: money appropriated in the State budget to the Fund; interest earnings; and any other money from any other source accepted for the benefit of the Fund. The Fund may be used only: to provide financial assistance to local governments to improve cybersecurity preparedness, including: updating current devices and networks with the most up–to–date cybersecurity protections; supporting the purchase of new hardware, software, devices, and firewalls to improve cybersecurity preparedness; recruiting and hiring information technology staff focused on cybersecurity; paying outside vendors for cybersecurity staff training; conducting cybersecurity vulnerability assessments; addressing high–risk cybersecurity vulnerabilities identified by vulnerability assessments; implementing or maintaining integrators and other similar intelligence sharing infrastructure that enable connection with the Information Sharing and Analysis Center in the Department of Information Technology; and supporting the security of local wastewater treatment plants, including bicounty, county, and municipal plants, by acquiring or implementing cybersecurity–related upgrades to the plants; to assist local governments applying for federal cybersecurity preparedness grants; and for administrative expenses associated with providing the assistance described under item (i) of this paragraph. The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. Any interest earnings of the Fund shall be credited to the Fund. Expenditures from the Fund may be made only in accordance with the State budget. To be eligible to receive assistance from the Fund, a local government shall: provide proof to the Department of Information Technology that the local government conducted a cybersecurity preparedness assessment in the previous 12 months; or within 12 months undergo a cybersecurity preparedness assessment provided by, in accordance with the preference of the local government: the Department of Information Technology at a cost to the local government that does not exceed the cost to the Department of Information Technology of providing the assessment; or a vendor authorized by the Department of Information Technology to complete cybersecurity preparedness assessments.

There is an Emergency Management Advisory Council. The Council consists of the members that the Governor designates, including: fair and reasonable representation for local government; representation for organizations that represent volunteer firefighters and rescue squads; and representation from manufacturing, utilities, and communications industries. A member of the Council: may not receive compensation for service on the Council; but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Council shall advise the Governor on all matters that relate to emergency management. On or before December 31, 2005, and on or before December 1 of each year thereafter, the Council shall submit a report to the Governor and, in accordance with § 2-1257 of the State Government Article, to the General Assembly concerning its activities and recommendations.

The Governor: has control of and is responsible for the Department; and is responsible for carrying out this subtitle. In the event of the threat or occurrence of an emergency, the Governor may assume direct operational control over all or part of an emergency management function created or authorized by this subtitle and Subtitles 2 and 4 of this title. The Governor may delegate the powers the Governor sees fit to an individual who is employed: in the Executive Department of State government; as a secretary of a principal department; or as the head of an independent State agency. In performing duties under this subtitle, the Governor: may cooperate with the federal government, other states, and private agencies in all matters that relate to the emergency management operations of this State and the United States; may issue orders, rules, and regulations necessary or desirable to: carry out this subtitle; prepare and revise, as necessary, a comprehensive plan and program for the emergency management operations of this State; integrate the plan and program of this State with the emergency management operations plans of the federal government and other states; and coordinate the preparation of plans and programs for emergency management operations by the political subdivisions; may authorize the procurement of supplies and equipment, the institution of training programs including the process for licensing, certifying, or credentialing health care practitioners developed under § 18-903(c) of the Health - General Article, public information programs, and other steps to prepare for an emergency; may authorize studies and surveys of industries, resources, and facilities in the State as necessary or desirable to: ascertain the State’s capabilities for emergency management operations; and prepare plans for the emergency management of resources in accordance with the national plan for emergency preparedness; may appoint, in cooperation with local authorities, directors of local organizations for emergency management, may delegate to the directors any administrative authority vested in the Governor under this subtitle, and may provide for the subdelegation of that authority; and may delegate the Governor’s authority under this subsection to an individual who is employed: in the Executive Department of State government; as a secretary of a principal department; or as the head of an independent State agency. In addition to emergency prevention measures included in the State, local, and interjurisdictional emergency plans, the Governor shall consider, on a continuing basis, steps that could be taken to prevent or reduce the harmful consequences of potential emergencies. At the direction of the Governor, and in accordance with any other authority and competence they have, State agencies shall study matters related to emergency prevention. State agencies required to study matters related to emergency prevention include those charged with responsibilities in connection with flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land-use planning, and construction standards.

If the Governor finds that an emergency has developed or is impending due to any cause, the Governor shall declare a state of emergency by executive order or proclamation. The state of emergency continues until the Governor: finds that the threat or danger has passed or the emergency has been dealt with to the extent that emergency conditions no longer exist; and terminates the state of emergency by executive order or proclamation. A state of emergency may not continue for longer than 30 days unless the Governor renews the state of emergency. The General Assembly by joint resolution may terminate a state of emergency at any time. After the General Assembly terminates a state of emergency, the Governor shall issue an executive order or proclamation that terminates the state of emergency. Each executive order or proclamation that declares or terminates a state of emergency shall indicate: the nature of the emergency; the area threatened; and the conditions that have brought about the state of emergency or that make possible the termination of the state of emergency. Each executive order or proclamation shall be: disseminated promptly by means calculated to publicize its contents; and unless prevented or impeded by the circumstances of the emergency, filed promptly with: the Department; the State Archives; and the chief local records–keeping agency in the area to which the executive order or proclamation applies. After the Governor declares a state of emergency, the Secretary shall coordinate the activities of the agencies of the State and of those political subdivisions included in the declaration in all actions that serve to prevent or alleviate the ill effects of the imminent or actual emergency. An executive order or proclamation that declares a state of emergency: activates the emergency response and recovery aspects of the State and local emergency plans applicable to the political subdivision or area covered by the declaration; and is authority for: the deployment and use of resources to which the State or local plans apply; and the use or distribution of supplies, equipment, materials, and facilities assembled, stockpiled, or arranged to be made available in accordance with this subtitle or any other law that relates to emergencies. After declaring a state of emergency, the Governor, if the Governor finds it necessary in order to protect the public health, welfare, or safety, may: suspend the effect of any statute or rule or regulation of an agency of the State or a political subdivision; direct and compel the evacuation of all or part of the population from a stricken or threatened area in the State; set evacuation routes and the modes of transportation to be used during an emergency; direct the control of ingress to and egress from an emergency area, the movement of individuals in the area, and the occupancy of premises in the area; authorize the use of private property, in which event the owner of the property shall be compensated for its use and for any damage to the property; provide for temporary housing; and authorize the clearance and removal of debris and wreckage. The powers of the Governor under this subsection are in addition to any other authority vested in the Governor by law.

After a state of emergency is declared in another state and the Governor receives a written request for assistance from the executive authority of that state, the Governor may: authorize use in the other state of personnel, equipment, supplies, or materials of this State, or of a political subdivision with the consent of the executive officer or governing body of the political subdivision; and suspend the effect of any statute or rule or regulation of an agency of the State or, after consulting with the executive officer or governing body of a political subdivision, a rule or regulation of an agency of a political subdivision, if the Governor finds that the suspension is necessary to aid the other state with its emergency management functions. The Governor shall authorize the use of resources or the suspension of the effect of any statute, rule, or regulation under subsection (a) of this section by executive order. An executive order issued under this section may not continue for longer than 30 days unless the Governor renews the executive order. Each executive order issued under this section shall indicate: the nature of the emergency in the other state; and any circumstances that make suspension of a statute, rule, or regulation necessary to aid the other state with its emergency management functions. Each executive order shall be: disseminated promptly by means calculated to publicize its contents; and filed promptly with: the Department; the State Archives; and each agency of the State or a political subdivision that is authorized by the order to use resources in the other state or responsible for the enforcement of any provisions that are suspended by the executive order.

Each political subdivision shall: establish a local organization for emergency management in accordance with the State emergency management plan and program; and participate in federal programs for emergency management. On recommendation of the mayor, executive, or governing body of the political subdivision, the Governor shall appoint a director of emergency management for each local organization for emergency management. Each director of a local organization for emergency management is directly responsible for the organization, administration, and operation of the local organization for emergency management. Each director of a local organization for emergency management is subject to the direction and control of the mayor, executive, or governing body of the political subdivision, under the general power of the Governor. Subject to the budget of the political subdivision, each local organization for emergency management shall include those programs and positions recommended periodically by the Department to meet federal and State standards. In a county in which there is a local merit system or classified service for the general employees of the county, the employees and officers of the local organization for emergency management are included in and subject to all rights, duties, privileges, and responsibilities of that system or service. Subparagraph (i) of this paragraph does not apply to the director of the local organization for emergency management. If a county does not have a local merit system or classified service, the governing body of the county, or the board of estimates of Baltimore City, may include by regulation the employees and officers of the local organization for emergency management in the classified service of the State Personnel Management System. Subparagraph (i) of this paragraph does not apply to the director of the local organization for emergency management. Except as otherwise provided by law, during the effective period of the regulation the employees and officers are subject to the rights, duties, privileges, and responsibilities of Division I of the State Personnel and Pensions Article. The governing body of the county or the Mayor of Baltimore is the appointing officer under Division I of the State Personnel and Pensions Article. Paragraph (3) of this subsection does not remove from the governing body of a county or from the Mayor and City Council of Baltimore the power to establish and regulate the compensation, vacation allowance, or sick leave of all employees and officers of the local organization for emergency management in the county or Baltimore City. Each political subdivision may make appropriations in the manner provided by law to pay the expenses of its local organization for emergency management.

Each county shall: prepare an Emergency Preparedness Plan for responding to an emergency that involves hazardous materials or controlled hazardous substances, as defined in the Environment Article; and review the Plan annually and submit any changes to the Secretary so that the Secretary may maintain current and accurate information about the Plan. Each county shall submit its Emergency Preparedness Plan to the Secretary on or before October 1, 1998. A local organization for emergency management shall submit to the Secretary a radiological emergency response plan if the political subdivision in which the local organization for emergency management is located: falls within the plume or ingestion zone of a commercial nuclear reactor; or might reasonably be expected to host evacuees from another jurisdiction in a plume or ingestion zone. The radiological emergency response plan shall provide for the evacuation of the residents of the political subdivision as a result of an emergency caused by a dangerous release of radiation.

In this section, “human service facility” means a facility licensed by the State that is: a nursing home, as defined in § 19–1401 of the Health – General Article; an assisted living facility, as defined in § 19–1801 of the Health – General Article; a hospital, as defined in § 19–301 of the Health – General Article; a related institution as defined in § 19–301 of the Health – General Article; a State–operated institution for mental disease; a group home as defined in § 7–101 of the Health – General Article; an alternative living unit as defined in § 7–101 of the Health – General Article; and a State residential center as defined in § 7–101 of the Health – General Article. A human service facility shall develop an emergency plan. An emergency plan shall include procedures that will be followed before, during, and after an emergency to address: the evacuation, transportation, or shelter–in–place of individuals served by the human service facility; the notification to families, staff, and licensing authorities regarding the action that will be taken concerning the safety and well–being of the individuals served by the human service facility; staff coverage, organization, and assignment of responsibilities; and the continuity of operations, including: procuring essential goods, equipment, and services; and relocation to alternate facilities. This subsection does not prohibit a human service facility from applying for and receiving reimbursement: under any applicable insurance policy; or from any State or federal funds that may be available due to a declared State or federal emergency. A human service facility is solely responsible for any financial obligation arising from voluntary or mandatory activation of any aspect of the emergency plan developed by the human service facility under this section. On or before November 30, 2007, a State agency that is responsible for the licensing of a human service facility shall adopt regulations governing the development of emergency plans under this section. Regulations adopted under paragraph (1) of this subsection shall be developed in consultation with representatives of: the Maryland Emergency Management Agency; the Maryland Institute for Emergency Medical Services Systems; local organizations for emergency management; and human service facilities. For purposes of coordinating local emergency planning efforts, a human service facility shall provide access to the emergency plans developed under this section to local organizations for emergency management.

A public library shall be designated as providing an essential community service during an emergency as described under the Federal Emergency Management Agency Public Assistance Program provisions relating to federal disaster assistance and temporary relocation facilities.

In this section, “kidney dialysis center” has the meaning stated in § 19–3B–01 of the Health – General Article. A kidney dialysis center shall have an emergency plan. An emergency plan shall include policies and procedures that will be followed before, during, and after an emergency to address: the safe management of individuals who are receiving services at the kidney dialysis center when an emergency occurs; notification of patients, families, staff, and licensing authorities regarding actions that will be taken concerning the provision of dialysis services to the individuals served by the kidney dialysis center; staff coverage, organization, and assignment of responsibilities; and the continuity of operations, including procedures to secure access to essential goods, equipment, and dialysis services. This subsection does not prohibit a kidney dialysis center from applying for and receiving reimbursement: under any applicable insurance policy; or from any State or federal funds that may be available due to a declared State or federal emergency. A kidney dialysis center is solely responsible for any financial obligation arising from voluntary or mandatory activation of any aspect of the emergency plan developed by the kidney dialysis center under this section. For purposes of coordinating local emergency planning efforts, a kidney dialysis center shall provide access to the emergency plans developed under this section to local organizations for emergency management.

In this section the following words have the meanings indicated. “Fund” means the Resilient Maryland Revolving Loan Fund. “STORM Act” means the federal Safeguarding Tomorrow through Ongoing Risk Mitigation Act. There is a Resilient Maryland Revolving Loan Fund. The purpose of the Fund is to provide loans for resilience projects that address mitigation of all hazards, including natural disasters. The Fund may be used: to provide low– or no–interest loans to local governments and nonprofit organizations for resilience projects; and for the administration and management of the Fund. On application of a local governing body, loans from the Fund may be made directly to local governments, at least in part, to: meet federal matching requirements for federal resilience grant programs, including Building Resilient Infrastructures and Communities, Flood Mitigation Assistance, and U.S. Department of Housing and Urban Development Community Development Block Grant Mitigation; and work with the U.S. Army Corps of Engineers Flood Risk Management Program. On application of a local governing body, the Department may loan funds to local governments for the purpose of local governments offering loan funds to private property owners to use for hazard mitigation projects for a building. Hazard mitigation projects for private property owners may include wind retrofits, flood mitigation elevation, floodproofing, wildland fire retrofit mitigation, and earthquake retrofit mitigation. Repayment of a loan provided under paragraph (3) of this subsection by a local government to a private property owner may be collected in the same manner as property taxes. A property owner may sell a property after receiving a loan under paragraph (3) of this subsection if the property owner repays the loan or the new owner agrees in writing to assume the obligation for repayment of the loan. The loans provided under this subsection shall be for a fixed loan period. The Department shall administer the Fund. The Department shall prioritize making loans to projects it determines to have the greatest impact on eliminating hazards. The Fund is a special, nonlapsing fund that shall be available in perpetuity for the purpose of providing loans in accordance with the provisions of this section. The Fund is not subject to § 7–302 of the State Finance and Procurement Article. The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. The Fund consists of: money appropriated in the State budget to the Fund; investment and interest earnings of the Fund; repayments of principal and interest from loans made from the Fund; money received from the Federal Emergency Management Agency; and any other money from any other source accepted for the benefit of the Fund. Private funds received by the Fund for the purpose of hazard mitigation projects for a building shall be used only for hazard mitigation projects for a building. The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. Any interest earnings of the Fund shall be credited to the Fund. Money expended from the Fund is supplemental to and is not intended to take the place of funding that otherwise would be appropriated to local governments for resilience projects. Subject to paragraph (2) of this subsection, the Department, taking into consideration requirements from the STORM Act, shall establish application procedures and eligibility criteria for loans from the Fund. The eligibility criteria shall require that a local government or a nonprofit organization demonstrate: need for a loan to address hazard mitigation; and the ability to repay the loan, if required, at a later date. Local governments that provide loans to private property owners may establish a graduated loan forgiveness program for private property owners. A graduated loan forgiveness program shall, at a minimum: provide full loan forgiveness for households with between 50% and 80% of the median income for the area in which the property to which the loan applies is located; provide 50% loan forgiveness for households with 80% to 100% of the median income for the area in which the property to which the loan applies is located; and provide additional loan forgiveness percentages for households with incomes not within 50% to 100% of the median income for the area in which the property to which the loan applies is located based on: the number of private property owners with outstanding loans; the availability of funding; and any other facts the local government finds reasonable and necessary.

In this section the following words have the meanings indicated. “Fund” means the State Disaster Recovery Fund. “Local Disaster Declaration” means a formal request for State disaster relief and recovery assistance made as a result of an emergency by the senior elected official through the local organization for emergency management. There is a State Disaster Recovery Fund. The purpose of the Fund is to provide: disaster recovery assistance to individuals and families when a unit of local government has submitted a request for a disaster declaration but a federal disaster declaration is not received; disaster recovery assistance to units of local government of the State for the repair, restoration, reconstruction, or replacement of a public facility damaged or destroyed when a federal disaster declaration is not received; low–interest or no–interest loans to businesses and nonprofits for disaster recovery assistance when a federal disaster declaration is not received; disaster–related assistance for unmet needs of individuals and families following a federal disaster declaration; disaster–related assistance for unmet needs of individuals and families who have been denied federal assistance but otherwise meet criteria established for the Fund; and matching funds for assistance to individuals and State and local governmental units after a federal disaster declaration. The Fund: is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article; shall be available in perpetuity for the purpose of providing disaster recovery assistance in accordance with the provisions of this section; except as provided in subsection (e) of this section, may be used only if: the Governor has declared a State of Emergency; or a local organization for emergency management requests assistance from the Fund; is not intended to duplicate or replace federal disaster assistance; and may not be used for any other purpose other than those described in this section. A portion of the Fund may be used to administer the Fund, including providing disaster case management resources. The Governor may include in the annual budget bill an appropriation to the Fund. The Fund shall consist of: money appropriated in the State budget to the Fund; money transferred to the Fund from: the Catastrophic Event Account in accordance with § 7–324 of the State Finance and Procurement Article; and the Revenue Stabilization Account in accordance with § 7–311 of the State Finance and Procurement Article; repayments of principal and interest from loans made from the Fund; reimbursements from the federal government or other legal entities for disaster recovery assistance expenditures made from the Fund; interest earnings of the Fund; and any other money from any other source accepted for the benefit of the Fund. The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. Any interest earnings of the Fund shall be credited to the Fund. The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. Any funds expended from the Fund are supplemental to and are not intended to take the place of funding that otherwise would be appropriated to eligible recipients from the Fund for any other purpose. The Department shall: administer the Fund; establish eligibility criteria, policies, and procedures for the administration of the Fund, while considering existing State disaster recovery programs and federal disaster relief and recovery requirements; and consult with appropriate State agencies and local organizations for emergency management in the development of eligibility criteria, policies, and procedures for administration of the Fund. The Department may establish: regulations related to the administration of the Fund; accounts and sub–accounts within the Fund to effectuate the purposes of this section; and formal advisory bodies to advise on the administration of the Fund. On or before December 31, 2023, and on or before each December 31 thereafter, the Secretary shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the use of the Fund for the previous fiscal year. The report shall include: the number of State of Emergency declarations by the Governor; the number of local State of Emergency declarations and local disaster declarations submitted to the Secretary and the reason for each declaration; a summary of the damage assessment data related to each declaration, and the disposition of each request for the previous fiscal year; the amount of funding distributed to each eligible entity by the Fund for the previous fiscal year; the Fund balance at the end of the previous fiscal year; any federal disaster declarations requested and associated damage assessment data for the previous fiscal year; a summary of any federal disaster assistance received during the previous fiscal year; a summary of any regulations issued related to the Fund during the previous fiscal year; and any recommended changes to this section to increase the efficiency and efficacy of the Fund.

Only the principal executive officer of a political subdivision may declare a local state of emergency. Except with the consent of the governing body of the political subdivision, a local state of emergency may not continue or be renewed for longer than 30 days. An order or proclamation that declares, continues, or terminates a local state of emergency shall be: given prompt and general publicity; and filed promptly with the chief local records–keeping agency. Declaration of a local state of emergency: activates the response and recovery aspects of any applicable local state of emergency plan; and authorizes the provision of aid and assistance under the applicable plan.

Expenditures necessitated by emergencies shall first be made using money regularly appropriated to State and local agencies. If the Governor finds that regularly appropriated money is inadequate to cope with an emergency, the Board of Public Works may make contingency money available in accordance with the State budget. The State may: accept any allotment of federal money and commodities and manage and dispose of them in whatever manner may be required by federal law; and take advantage of the federal Disaster Relief Act of 1974 and any amendments or supplements to it, and any other federal law that provides grants and public assistance for the purposes of this subtitle and Subtitles 2 and 4 of this title. In carrying out this subtitle, the Governor, Secretary, and executive officers or governing bodies of the political subdivisions shall use the services, equipment, supplies, and facilities of existing agencies and units of the State and the political subdivisions to the maximum extent practicable. The officers and personnel of the agencies and units of the State and the political subdivisions shall cooperate with and extend services and facilities to the Governor, Adjutant General, Secretary, and the local organizations for emergency management on request. At the direction of the Governor, the Maryland National Guard shall use its services, equipment, supplies, and facilities in life–threatening emergencies that are beyond the capabilities of local authorities. If the federal government, another state, or an agency or officer of the federal government or another state offers to this State or a political subdivision services, equipment, supplies, materials, or money by way of gift, grant, or loan for purposes of emergency management, the State acting through the Governor, or the political subdivision acting with the consent of the Governor and through its executive officer or governing body, may: accept the offer; and authorize an officer of this State or the political subdivision to receive the services, equipment, supplies, materials, or money. If a person offers to the State or a political subdivision aid or assistance, the State or political subdivision may accept the aid and assistance in accordance with paragraph (1) of this subsection.

Each emergency management agency established under this subtitle and its officers shall execute and enforce the orders, rules, and regulations made by the Governor under authority of this subtitle. With respect to the threat or occurrence of an enemy attack, act of terrorism, or public health catastrophe, each law enforcement officer of the State or a political subdivision and each health officer of a political subdivision shall execute and enforce the orders, rules, and regulations made by the Governor under authority of this subtitle.

A person may not violate an order, rule, or regulation issued under the authority of this subtitle. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. A person who willfully violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.

This subtitle may be cited as the Maryland Emergency Management Act.

In this section, “principal department” means a principal department of the Executive Branch of State Government established in § 8–201 of the State Government Article. Each principal department shall: develop a continuity of operations plan to maintain department operations if an emergency or other crisis disrupts normal operations; annually update the continuity of operations plan; and submit the continuity of operations plan and updates to the Department. Each continuity of operations plan shall include information regarding: the delineation of essential functions; the delegation of authority; the safekeeping of and access to essential records, including electronic records; continuity locations; continuity communications; human resources planning; devolution of essential functions; reconstitution; and program validation through testing, training, and exercises. The Department shall develop guidelines and serve as the coordinating agency to assist each principal department to write and maintain a continuity of operations plan. The Department may resolve conflicts between principal department continuity of operations plans. To ensure the State can continue to provide essential government functions during and after an emergency, the Department shall work with each principal department to develop and maintain a continuity of government plan. The continuity of government plan shall include the continuity of operations for essential government functions as identified by the principal departments. The Department shall: present the continuity of government plan to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly by the end of the first calendar year of each gubernatorial term; and review for revision the continuity of government plan at least once every 4 years.

This subsection applies only when the Governor or the head of a unit authorizes an emergency procurement during a state of emergency in order to prepare for or address the state of emergency under: § 14–106(b)(3) of this subtitle; § 13–108(a) of the State Finance and Procurement Article; or any other law that grants the Governor authority to authorize an emergency procurement. When the Governor or the head of a unit authorizes an emergency procurement, within 72 hours after the earlier of the execution of the contract or the expenditure of funds, the Governor or head of the unit shall provide written notice to the Legislative Policy Committee, including: the name, business address, and, if applicable, website address of the vendor and the dollar value of the contract; a description of how the funds are to be used; and an explanation of the reasons the procurement is necessary to prepare for or address the emergency. After an emergency procurement contract is executed under this subsection: if requested by the Legislative Policy Committee, the Governor or head of the unit shall provide a copy of the contract to the Legislative Policy Committee; and the Legislative Policy Committee may request that the Office of Legislative Audits conduct an audit of the emergency procurement. This subsection applies only when the Governor suspends the effect of a statute or rule or regulation of an agency of the State or a political subdivision during a state of emergency under: § 14–107(d)(1)(i) of this subtitle; § 14–108(a)(2) of this subtitle; or any other provision that grants the Governor authority to suspend the effect of any statute or rule or regulation of an agency of the State or a political subdivision during a state of emergency. Within 72 hours after suspending the effect of a statute or rule or regulation, the Governor shall provide written notice to the Legislative Policy Committee that: identifies the statute or rule or regulation being suspended; and explains the reasons that suspending the statute or rule or regulation is necessary to address the emergency. When the Governor suspends the effect of a regulation, the Governor shall also provide the notice required under paragraph (2) of this subsection to the Administrative, Executive, and Legislative Review Committee. The Governor may not suspend the effect of this section under: § 14–107(d)(1)(i) of this subtitle; § 14–108(a)(2) of this subtitle; or any other law that grants the Governor authority to suspend the effect of any statute during a state of emergency.