§ 29:726 — Governor's Office of Homeland Security and Emergency Preparedness; authority and
§726. Governor's Office of Homeland Security and Emergency Preparedness; authority and responsibilities
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§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 Military Department, 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.
(17) Coordination with the Louisiana State University Center for GeoInformatics,
or any successor entity, designated by the National Geodetic Survey as the Louisiana Spatial
Reference Center, to prioritize the restoration of service to Continuously Operating
Reference Stations (CORS) within the state.
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.
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