Chapter 108

Section 108:1

    108:1 Authority. – The Emergency Management Assistance Compact, as approved by the United States Congress, P.L. 104-321, hereinafter "EMAC," and the Northeastern American/Canadian Emergency Management Assistance Compact, as authorized by Article IV(c) of the 1986 Agreement between the United States and Canada on Cooperation in Comprehensive Emergency Planning and Management, hereinafter "NAEMAC," is made and entered into by and between the participating party jurisdictions. The state of New Hampshire, through its governor, duly authorized, solemnly agrees with any other jurisdiction which is or may become a signatory to these compacts as provided herein.

Source. 1999, 300:1, eff. July 16, 1999.

Section 108:2

    108:2 Definitions. –
In this chapter:
I. "Party jurisdiction" as to EMAC means the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions and is intended to mean the same as "party state" in United States P.L. 104-321; as to NAEMAC, party jurisdiction means the several northeastern states of the United States and the several eastern Canadian provinces.
II. "Governor" means the governor, premier or highest executive official of each party jurisdiction.
III. "Federal Government" means the government of the United States and the government of Canada.

Source. 1999, 300:1, eff. July 16, 1999.

Section 108:3

    108:3 Compact. –

Article I. Purpose and Authorities

(a) The purpose of this compact is to provide mutual assistance between the party jurisdictions entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected jurisdiction or jurisdictions, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resource shortages, and in the EMAC compact, insurgency, or enemy attack.
(b) This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party jurisdictions or subdivisions of party jurisdictions during emergencies, such actions occurring outside actual declared emergency periods.

Article II. General Implementation

(a) Each party jurisdiction entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that inter-governmental coordination is essential in managing these and other emergencies under this compact. Each party jurisdiction further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. Few, if any, individual party jurisdictions have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.
(b) The prompt, full, and effective utilization of the resources of the respective party jurisdictions, including any resources on hand or available from the federal government or any other source that are essential to the safety, care, and welfare of the people thereof in the event of an emergency or disaster declared by a party jurisdiction shall be the underlying principle on which all articles of this compact shall be understood.
(c) On behalf of the governor of each party jurisdiction participating in the compact, the legally designated official who is assigned responsibility for emergency management shall be responsible for formulation of the appropriate inter-jurisdictional mutual aid plans and procedures necessary to implement this compact.
(d) In New Hampshire, this compact shall be administered by the division of homeland security and emergency management.

Article III. Party Jurisdiction Responsibilities

(a) It shall be the responsibility of each party jurisdiction to formulate procedural plans and programs for inter-jurisdictional cooperation in the performance of the responsibilities listed in this article. In formulating and implementing plans, the party jurisdictions, insofar as practical, shall:
(1) Review individual jurisdiction hazards analysis and determine, to the extent possible, all potential emergencies the party jurisdictions might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, and in the EMAC compact, civil disorder, insurgency, or enemy attack.
(2) Review party jurisdictions' individual emergency plans and develop a plan which will determine the mechanism for the inter-jurisdiction management and provision of assistance concerning any potential emergency.
(3) Develop inter-jurisdictional procedures to fill identified gaps and to resolve identified inconsistencies or overlaps in existing or developed plans.
(4) Assist in warning communities adjacent to or crossing the jurisdictional boundaries.
(5) Protect and assure uninterrupted delivery of the following services to the party jurisdiction requesting aid: medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material.
(6) Inventory and set procedures for the inter-jurisdiction loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.
(7) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.
(b) The authorized representative of a party jurisdiction may request assistance of another party jurisdiction by contacting the authorized representative of that jurisdiction. The provisions of this agreement shall only apply to requests for assistance made by and to the authorized representative. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information:
(1) A description of the emergency service function for which assistance is needed such as, but not limited to, fire services, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue. Under EMAC such request may include law enforcement.
(2) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time that they will be needed.
(3) The specific place and time for staging of the assisting party jurisdiction's response and a point of contact at that location.
(c) There must be frequent consultation between the party jurisdictions' officials who have assigned emergency management responsibilities and other appropriate representatives of the party jurisdictions and the federal governments, with free exchange of information, plans, and resource records relating to emergency capabilities.

Article IV. Limitations

Any party jurisdiction requested to render mutual aid or exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the jurisdiction rendering aid may withhold resources to the extent necessary to provide reasonable protection for the sending jurisdiction. Each party jurisdiction shall provide to the emergency forces of other party jurisdictions, while operating within its jurisdictional limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving jurisdiction), duties, rights, and privileges as are provided to emergency forces of the jurisdiction in which they are performing emergency services. Emergency forces shall continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the jurisdiction receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration or other authorized form of determination of a state of emergency or disaster by the governor for the party jurisdiction that is to receive assistance or commencement of exercises and/or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving jurisdiction or jurisdictions, whichever is longer.

Article V. Licenses and Permits

Whenever any person holds a license, certificate, or other permit issued by any party jurisdiction to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, such person shall be deemed licensed, certified, or permitted by a receiving jurisdiction to render aid involving such skill in any party jurisdiction to meet an emergency or disaster situation, subject to such limitations and conditions as the governor of the requesting jurisdiction may prescribe by executive order or otherwise.

Article VI. Liability

Any person or entity of a party jurisdiction rendering aid in another jurisdiction pursuant to this compact shall be considered agents of the requesting jurisdiction for tort liability and immunity purposes. No party jurisdiction or its officers or employees rendering aid in another party jurisdiction pursuant to this compact shall be liable on account of any act or omission made in good faith on the part of emergency forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.

Article VII. Supplementary Agreements

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among 2 or more jurisdictions may differ from that among the party jurisdictions that are signatory hereto, this instrument contains elements of a broad base common to all party jurisdictions, and nothing herein contained shall preclude any party jurisdiction from entering into supplementary agreements with another jurisdiction or jurisdictions or affect any other agreements already in force between jurisdictions. Supplementary agreements may include, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.

Article VIII. Compensation

Each party jurisdiction shall provide for the payment of workers' compensation and death benefits to injured members of the emergency forces of that party jurisdiction or the representative of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact in the same manner and on the same terms as if the injury or death were sustained within their own party jurisdiction.

Article IX. Reimbursement

Any party jurisdiction rendering aid in another party jurisdiction pursuant to this compact shall be reimbursed by the party jurisdiction receiving such aid for any loss or damage to or expense incurred in, the operation of equipment and the provision of any services in answering a request for aid and for the cost incurred in connection with such requests; provided, that any aiding party jurisdiction may assume in whole or in part such loss, damage, expense, or other costs, or may loan such equipment or donate such services to the receiving party jurisdiction without charge or cost; and provided further, that any 2 or more party jurisdictions may enter into supplementary agreements establishing a different allocation of costs among those jurisdictions. Article VIII expenses shall not be reimbursed under this provision.

Article X. Evacuation

(a) Plans for the orderly evacuation and inter-jurisdiction reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party jurisdictions and the emergency management services directors of the various jurisdictions where any type of incident requiring evacuations might occur. After the termination of the emergency or disaster, the party jurisdictions from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.
(b) As to the EMAC compact, such plans shall be put into effect by request of the party jurisdiction from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care shall be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party jurisdiction receiving evacuees and the party jurisdiction from which the evacuees come shall mutually agree as to reimbursement for out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party jurisdiction from which the evacuees come.

Article XI. Implementation

(a) This compact shall become operative immediately upon its ratification by and approval by the New Hampshire legislature and upon the signature of the governor and any other party jurisdiction's enactment and shall be subject to approval or authorization by the United States Congress, if required.
(b) Any party jurisdiction may withdraw from this compact by enacting a statute or law repealing the same, but no such withdrawal shall take effect until 30 days after the governor of the party jurisdiction withdrawing has given notice in writing of such withdrawal to the governors of all other party jurisdictions. Such action shall not relieve the withdrawing party jurisdiction from obligations assumed hereunder prior to the effective date of the withdrawal.
(c) Duly authenticated copies of this compact and such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party jurisdictions and with the Federal Emergency Management Agency and other appropriate agencies of the federal governments.

Article XII. Validity

This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.

Article XIII. Additional Provisions

Nothing in this compact shall authorize or permit the use of military force by the National Guard of a party jurisdiction at any place outside that party jurisdiction in any emergency except as provided or allowed by the laws of the federal government of that party jurisdiction.

Source. 1999, 300:1. 2003, 319:125. 2004, 171:17. 2008, 361:15, eff. July 11, 2008.