Emergency Declarations: How they affect what your agency can legally do… or not. OGC UNIVERSITY 2012

OGC University 2012: Emergency Declarations Agenda What Emergency Declarations are. Putting Declarations into action. Policy, Planning and the Legal Perspective. The Process and Planning for Declarations. Your challenge

OGC University 2012: Emergency Declarations Tanya Leshko, Chief Counsel, Pennsylvania Emergency Management Agency Derek Ruhl, Preparedness Coordinator, Pennsylvania Department of Agriculture David Kennedy, Assistant Counsel, Pennsylvania Department of Agriculture Moderator: Molly Dougherty, Director, OA Continuity of Government Office Todays Panel

OGC University 2012: Emergency Declarations Preparedness is a difficult task that requires sustained leadership…[and different] levels of government and nongovernmental entities. There is a no silver bullet, no easy formula. William Jenkens, US Government Accountability Office

OGC University 2012: Emergency Declarations If you dont know where youre going, youll wind up some place else. Yogi Berra, New York Yankees

OGC University 2012: Emergency Declarations Tanya Leshko, Chief Counsel, Pennsylvania Emergency Management Agency Office Declarations – what they are

OGC University 2012: Emergency Declarations Federal Presidential Public Health Emergency State Governors Declaration of Disaster Emergency – EO or Proclamation Declarations – what they are

OGC University 2012: Emergency Declarations Money Stafford Act, use of Commonwealth funds Powers Suspend laws and statutes Control movement, use property Immunities Declarations – what they do

OGC University 2012: Emergency Declarations Derek Ruhl, Emergency Preparedness Coordinator, Pennsylvania Department of Agriculture Declarations: Put into action

OGC University 2012: Emergency Declarations Emergency Services Code Extract from State Emergency Ops Plan (SEOP) Suspends the provisions of any statute, order, rule or regulation for the conduct of Commonwealth business if such provisions would hinder or delay necessary action in coping with the emergency Utilizes all available resources of Commonwealth government to deal with the disaster emergency Declarations: Put into action

OGC University 2012: Emergency Declarations SEOP - Emergency Support Functions (ESFs) 15 Emergency Support Functions that delineate emergency resources and responsibilities during disaster emergencies PA Department of Agriculture (PDA) has primary responsibility over ESF 11 Declarations: Put into action

OGC University 2012: Emergency Declarations SEOP - Emergency Support Functions (ESFs) During a state emergency, these responsibilities are coordinated, on behalf of the Secretary, by Emergency Preparedness Liaison Officers (EPLO) that are on 24/7 standby Phone or in the State Emergency Operations Center Declarations: Put into action

OGC University 2012: Emergency Declarations ESF 11 Overall Responsibilities Support state & municipal efforts to provide emergency nutritional assistance to citizens and their animals (pets & livestock) Support state & municipal efforts to ensure the safety and security of the PA agricultural community Declarations: Put into action

OGC University 2012: Emergency Declarations ESF 11 Overall Responsibilities Support state & municipal efforts to provide emergency nutritional assistance to citizens and their animals (pets & livestock) Support state & municipal efforts to ensure the safety and security of the PA agricultural community Declarations: Put into action

OGC University 2012: Emergency Declarations ESF 11 Overall Responsibilities Support state & municipal efforts to control and eradicate outbreaks of highly contagious or economically devastating animal/zoonotic disease pests, highly infective exotic plant disease, or plant pest infestation Provide state-level backup and coordination of local efforts to alleviate the disaster-caused suffering of domestic animals Declarations: Put into action

OGC University 2012: Emergency Declarations ESF 11 Overall Responsibilities To support the Pet Evacuation and Transportation Act (PETS Act) and efforts of local emergency management agencies to provide rescue and sheltering of companion animals affected by disasters Declarations: Put into action

OGC University 2012: Emergency Declarations ESF 11 Operational Concerns There is only a 3-5 day supply of food at every node of the food system (farm – fork)…the food supply is contingent on the constant movement of product throughout the chain This 3-5 day supply of food is quickly threatened when disasters strike because disasters quickly impede the production, processing, movement, and distribution of food and can make traditional food sources scarce to the population Declarations: Put into action

OGC University 2012: Emergency Declarations ESF 11 Operational Concerns We are also concerned about the safety and integrity of the food supply but at the same time must ensure there is continuity in the food supply Example: during a nuclear power plant emergency we will work to keep contaminated food out of commerce while simultaneously relying on safe food from other non-contaminated sources Declarations: Put into action

OGC University 2012: Emergency Declarations ESF 11 Operational Concerns During a winter storm - people stockpile food and clean out grocery stores/trucks sometimes cannot access farms to pick up milk/warehouses have trouble delivering the product to stores In this situation we facilitate an hours of service waiver through PSP and PennDot to allow the food transporters to drive a few more hours a day to help with the recovery of the food supply Declarations: Put into action

OGC University 2012: Emergency Declarations Regular Response vs. Disaster Response In 2011 a microburst destroyed an 80,000 bird layer operation in Juniata county Industry requested PDA veterinarians conduct euthanasia and provide equipment assistance There was no Governors Declaration and PDAs Domestic Animal Law prohibited our response because it did not fit under the appropriate legal parameters…..but what if this request was received under a Govs Declaration? Declarations: Put into action

OGC University 2012: Emergency Declarations Regular Response vs. Disaster Response Major disasters of the recent past such as Hurricanes Floyd, Andrew, Katrina, and the 2011 Alabama tornadoes have caused state-wide animal disasters that can impact the public health These disasters would have had Governors Declarations of emergency…..does this give us more flexibility to respond? Declarations: Put into action

OGC University 2012: Emergency Declarations Regular Response vs. Disaster Response During these disasters, the states veterinary resources will probably be called upon to respond in ways that may not be authorized under the agencys statutory authorities - we need to know if theres a difference with emergency requests If the Domestic Animal Law is suspended so that staff can respond, is additional language needed to provide authority? Declarations: Put into action

OGC University 2012: Emergency Declarations Regular Response vs. Disaster Response We need to be prepared to handle state-level disasters and EPLOs need to know the difference between what we can and cannot do To be prepared we need to know if theres a difference between our normal responsibilities and our disaster responsibilities Declarations: Put into action

OGC University 2012: Emergency Declarations David Kennedy, Assistant Counsel, Pennsylvania Department of Agriculture Declarations: Legal and policy perspective

OGC University 2012: Emergency Declarations Declarations: Legal and policy perspective Considerations for Emergency Proclamation What statutory authority does the Agency have to address the emergency and the edicts of the Proclamation? Are there statutory or regulatory mandates to suspend? Does the situation require your Agency to promulgate regulations to best address the emergency?

OGC University 2012: Emergency Declarations Declarations: Legal and policy perspective Considerations for Emergency Proclamation Funding Considerations? What if your Agency does not possess the statutory authority to address the emergency? What other Agencies are involved in the emergency and what authority do they possess?

OGC University 2012: Emergency Declarations Declarations: Legal and policy perspective Considerations for Emergency Proclamation What does the Declaration state? Has the Governor also issued an Emergency Proclamation for the same event? What other Commonwealth Agencies are involved? Does your Agency have a MOU or other plan in place with the other Commonwealth Agencies?

OGC University 2012: Emergency Declarations Declarations: Legal and policy perspective Considerations for a Federal Emergency Declaration Statutory Authority to address the Federal Declaration? Is a Governors Emergency Proclamation necessary? Agencies ability to address the Federal Declaration? Attorney general and Emergency Certified Regulation?

OGC University 2012: Emergency Declarations Tanya Leshko, Chief Counsel, Pennsylvania Emergency Management Agency Office Declarations: The process

State Declaration of Disaster Emergency Find that a disaster has occurred OR the threat of disaster is imminent Determine emergency authorities to implement through declaration Governor signs proclamation Proclamation disseminated Terminate state of disaster emergency Declarations: The process

Request Presidential Declaration of Emergency or Major Disaster Make finding that federal assistance is necessary Request joint PDA with FEMA Determine type and extent of Federal aid required. Designate GAR and SCO. Governor signs written request for Presidential Emergency or Major Disaster Declaration Declarations: The process

Preparing for Declarations Before an Emergency Disaster Proclamation Chart Identification of legal authority Identification of actions which may need to be taken in emergency Identification of legal barriers to such action Share this information with PEMA by Jan 15: Declarations: Your challenge

OGC University 2012: Emergency Declarations Thank you!