You asked for a summary of the international emergency management compact recently adopted by Massachusetts.

SUMMARY

In 2002, Massachusetts adopted the International Emergency Management Assistance Compact (2002 Acts, ch 300, § 58). The compact's purpose is to provide the possibility of mutual assistance in managing emergencies or disasters (natural disasters, technological hazards, manmade disasters, or civil emergency aspects of resource shortages) when the governor or premier of an affected jurisdiction asks for assistance. The compact provides for planning mechanisms among agencies including, if needed, emergency-related exercises and testing or training activities that use equipment and personnel to simulate giving and receiving aid by a jurisdiction or one of it subdivisions during emergencies. Mutual assistance can include using emergency forces by mutual agreement of jurisdictions.

Jurisdictions that can adopt the compact include Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont; the provinces of New Brunswick, Newfoundland, Nova Scotia, Prince Edward Island, and Quebec; and other states or provinces.

A copy of the Massachusetts law is attached.

PURPOSE

The compact specifies that each jurisdiction entering the compact recognizes that:

1. emergencies can exceed the capabilities of a jurisdiction and intergovernmental cooperation is essential in those circumstances, and

2. few individual jurisdictions have all the resources they need for all types of emergencies or the ability to deliver resources to areas where emergencies exist and emergencies may require immediate access to, and procedures to apply, outside resources for a prompt and effective response.

The compact states that its underlying principle is prompt, full, and effective use of resources. This includes resources on hand or available from other sources that are essential to the safety, care, and welfare of the people in a declared emergency or disaster.

PLANNING

The compact requires that the legally designated officials responsible for emergency management form interjurisdictional mutual aid plans and procedures and make recommendations to amend statutes, regulations, or ordinances.

Each jurisdiction must create procedural plans and programs for interjurisdictional cooperation. To the extent practical, the jurisdictions must:

1. review available hazard analyses and, to the extent reasonably possible, determine all potential emergencies that the jurisdictions might jointly suffer;

2. initiate a process to review jurisdictions' individual emergency plans and develop a plan for interjurisdictional cooperation;

3. develop interjurisdictional procedures to fill gaps and resolve inconsistencies and overlaps in plans;

4. assist in warning communities adjacent to or crossing jurisdictional boundaries;

5. protect and ensure uninterrupted delivery of services, medicine, water, food, energy, fuel, and search and rescue and critical lifeline equipment, services, and resources (both human and material) to the extent authorized by law;

6. take inventory and agree on procedures for interjurisdictional loan and delivery of human and material resources with procedures for reimbursement or forgiveness; and

7. provide to the extent authorized by law for temporary suspension of statutes or ordinances that impede implementing these responsibilities.

REQUESTING ASSISTANCE

The compact allows a jurisdiction's authorized representative to request assistance from another jurisdiction in the compact by contacting its authorized representative verbally or in writing. If the request is verbal, it must be confirmed in writing within 30 days. Requests must include:

1. a description of the emergency service needed and its mission (including fire services, emergency medical services, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue);

2. the amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed; and

3. the specific place and time for staging the response and a point of contact at the location.

CONSULTATION AND CONTROL

The compact requires frequent consultations among jurisdiction officials who have emergency management responsibilities (the International Emergency Management Group) and other appropriate representatives. The compact requires the free exchange of information, plans, and resource records relating to emergency capabilities, to the extent authorized by law.

A jurisdiction requested to render mutual aid or to conduct exercises and training must respond as soon as possible. A jurisdiction rendering aid can withhold or recall resources for that jurisdiction's reasonable protection.

A jurisdiction's emergency personnel operating under the compact in another jurisdiction and under the operational control of an officer of the requesting jurisdiction have the same powers, duties, rights, privileges, and immunities of similar forces of the requesting jurisdiction. Emergency forces continue under the command of their regular leaders but the organizational units come under the operational control of the emergency services authorities of the jurisdiction receiving assistance. The jurisdiction receiving assistance can act under these conditions during an exercise, emergency, disaster, or as long as the loaned resources remain in the receiving jurisdiction. The receiving jurisdiction must inform the assisting jurisdictions of the specific time when services will no longer be required.

CREDENTIALS

Under the compact, a person with a license, certificate, or permit issued by one of the compact jurisdictions for professional, mechanical, or other skills is considered to have the same credential in a jurisdiction that is requesting assistance for an emergency or disaster, when that assistance involves using the skill. The requesting jurisdiction can set limitations and conditions by executive order or otherwise.

LIABILITY

A person or entity of a jurisdiction giving aid under the compact in another jurisdiction is considered an agent of the requesting jurisdiction for purposes of tort liability and immunity. The person or entity is not liable for good faith acts or omissions or on account of the maintenance or use of any equipment or supplies in connection with rendering assistance. Good faith does not include willful misconduct, gross negligence, or recklessness.

SUPPLEMENTAL AGREEMENTS

The compact states that it contains broad elements common to all jurisdictions because it is probable that the pattern and detail of the machinery for mutual aid among two or more jurisdictions may differ. It does not preclude supplementary agreements and does not affect other agreements already in force among jurisdictions. Supplementary agreements can include, but are not limited to, (1) provisions for evacuation and receiving injured people and others and (2) exchange of medical, fire, public utility, reconnaissance, welfare, transportation, and communications personnel, equipment, and supplies.

BENEFITS AND REIMBURSEMENTS

Jurisdictions must provide workers' compensation and death benefits to members of their emergency forces and their representatives for injuries or deaths that occur while rendering aid under the compact. Payments must be provided according to the jurisdiction's laws and in the same manner and terms as if the injury occurred in its jurisdiction.

A jurisdiction rendering aid in another jurisdiction under the compact must, if requested, be reimbursed by the jurisdiction receiving aid for loss, damage, or expense in operating equipment and providing services in response to a request for aid, and the costs incurred in connection with the request. An aiding jurisdiction can assume all or part of the loss, damage, expense, or other costs. It can loan equipment or donate services to the receiving jurisdiction without charge. Two or more jurisdictions can enter supplementary agreements to set a different allocation of costs. Expenses for workers' compensation and death benefits are not reimbursable.

EVACUATIONS

Under the compact, each jurisdiction must begin to prepare and maintain plans for moving and receiving evacuees in or across its territory according to its capabilities and powers. The jurisdiction from which the evacuees came has ultimate responsibility for their support and, after the emergency or disaster ends, their repatriation.

EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

The compact takes effect when two jurisdictions adopt it and is effective for other jurisdiction when they adopt it. This is subject to approval or authorization by the U. S. Congress and enactment of legislation in the jurisdictions, if either is required.

A jurisdiction can withdraw from the compact effective 30 days after the governor or premier gives written notice to the governors and premiers of all the other jurisdictions in the compact. Withdrawal does not relieve the jurisdiction of obligations assumed under the compact before the withdrawal's effective date.

Authenticated copies of the compact in French and English and any supplemental agreements must be deposited with each jurisdiction on approval.

The jurisdictions can agree to amend the compact.

VALIDITY

The compact must be construed to give effect to its purposes. If any provision is declared unconstitutional or the compact cannot be applied to a person or circumstance, the remainder of the compact and its applicability is valid.

The validity of the arrangements and agreements consented to in the compact is not affected by any insubstantial difference in form or language that the jurisdictions may adopt.

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