Title 20, Title 20: Internal Security and Public Safety

§ 15. Return of property (a) Whenever the need for the purposes of this chapter of any real or personal property acquired under this chapter shall terminate, the Governor may dispose of such property on such terms and conditions as he or she deems appropriate, but to the extent f…

§ 16. Orders and rules The towns and cities of the State and other agencies designated or appointed by the Governor are authorized and empowered to make, amend, and rescind orders and rules as necessary for emergency management purposes and to supplement the carrying out of the p…

§ 17. Gift, grant, or loan (a) Federal. Subject to the provisions of subsection (c) of this section, whenever the federal government or any agency or officer of the federal government offers to the State, or through the State to any town or city within Vermont, services, equipmen…

§ 18. Personnel requirements and nonsubversion No person shall be employed or associated in any capacity in any emergency management organization established under this chapter who advocates a change by force or violence in the constitutional form of the government of the United …

§ 19. Powers outside town of appointment Whenever the employees of any town or city are rendering outside aid pursuant to the authority contained in this chapter, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing thei…

§ 2. Definitions As used in this chapter: (1) “All-hazards” means any natural disaster, health or disease-related emergency, accident, civil insurrection, use of weapons of mass destruction, terrorist or criminal incident, radiological incident, significant event, and designated …

§ 20. Immunities and defenses (a) Except in the case of willful misconduct or gross negligence, the State; any of its agencies; State employees as defined in 3 V.S.A. § 1101; political subdivisions; local emergency planning committees; or an individual, partnership, association, …

§ 21. Compensation for injury or death A volunteer, as set forth in 3 V.S.A. § 1101(b)(4), shall be entitled to compensation as provided in Titles 21 and 29. (Amended 1981, No. 165 (Adj. Sess.), § 1; 1989, No. 252 (Adj. Sess.), § 18; 2005, No. 209 (Adj. Sess.), § 17.)

§ 23. General powers not limited by specific powers The general powers provided for in this chapter shall not be limited by any specific powers granted to the Governor by any of the provisions of this chapter.

§ 24. Penalties Any person violating any provision of this chapter or any rule or order adopted pursuant to this chapter, which rule or order shall be filed with the Secretary of State, shall, upon conviction, be punishable by a fine not exceeding $500.00 or imprisonment not exce…

§ 25. Matching funds To the extent of any appropriation available to carry out the purposes of this chapter, federal monies for emergency management within the State may be matched from such an appropriation. (Added 1959, No. 23, § 5, eff. March 6, 1959; amended 1989, No. 252 (Ad…

§ 26. Change of venue because of an all-hazards event In the event that the place where a civil action or a criminal prosecution is required by law to be brought has become and remains unsafe because of an attack upon the United States or Canada or an all-hazards event, such acti…

§ 27. Auxiliary State Police For the purposes of emergency management, as the term is defined in section 2 of this title, the Commissioner of Public Safety may recruit and train for police duty citizens, including sheriffs, deputy sheriffs, constables, and police officers, from w…

§ 28. Emergency management medical program The Department of Health is hereby directed, within the limits of appropriations and grants made to it, and in coordination with local, State, and federal emergency management officials, to plan, develop, and implement a comprehensive em…

§ 29. Emergency shelters; no private liability Any person owning or controlling premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part of such land and premises for the purpose of shelt…

§ 3. Vermont Emergency Management (a) There is hereby created within the Department of Public Safety the Division of Emergency Management, which may also be known as Vermont Emergency Management. (b) There shall be a Director of Vermont Emergency Management who shall be in immedi…

§ 30. State Emergency Response Commission; creation (a) The State Emergency Response Commission is created within the Department of Public Safety. The Commission shall consist of 18 members: eight ex officio members, including the Commissioner of Public Safety, the Secretary of N…

§ 31. State Emergency Response Commission; duties (a) The Commission shall have authority to: (1) Carry out all the requirements of a commission under the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. §§ 11001-11050 (1986) (EPCRA). (2) Adopt rules necessary for th…

§ 32. Local emergency planning committees; creation; duties (a) One or more local emergency planning committees, created under EPCRA, shall be appointed by the State Emergency Response Commission. “EPCRA” means the federal Emergency Planning and Community Right-To-Know Act of 198…

§ 33. HAZMAT teams; team chiefs; creation (a) The Department of Public Safety is authorized to create a State hazardous materials (HAZMAT) response team. The Commissioner shall appoint a HAZMAT team chief, consistent with rules adopted by the Department of Human Resources, to car…

§ 34. Temporary housing for disaster victims (a) Whenever the Governor declares an emergency under the laws of this State, or the President has declared an emergency or an all-hazards event to exist in this State, the Governor is authorized: (1) To enter into purchase, lease, or …

§ 35. Community disaster loans Whenever, at the request of the Governor, the President has declared a “major disaster” to exist in this State, the Governor is authorized: (1) upon the Governor’s determination that a local government of the State will suffer a substantial loss of …

§ 36. Debris and wreckage removal (a) Whenever the Governor has declared a disaster emergency to exist under the laws of this State, or the President, at the request of the Governor, has declared a major disaster or emergency to exist in this State, the Governor is authorized: (1…

§ 37. State financial participation in grants to disaster victims (a) Whenever the President, at the request of the Governor, has declared a major disaster to exist in this State, the Governor is authorized: (1) Upon his or her determination that financial assistance is essential…

§ 38. Special funds There is created a Hazardous Chemical and Substance Emergency Response Fund that shall include all monies paid to the State pursuant to section 39 of this title. The Fund shall be managed pursuant to the provisions of 32 V.S.A. chapter 7, subchapter 5. The Fun…

§ 39. Fees to the hazardous substances fund (a) Every person required to report the use or storage of hazardous chemicals or substances pursuant to EPCRA shall pay the following annual fees for each hazardous chemical or substance, as defined by the State Emergency Response Commi…

§ 3a. Emergency Management Division; duties; budget (a) In addition to other duties required by law, the Division of Emergency Management shall: (1) Establish and maintain a comprehensive State emergency management strategy that includes an emergency management plan; establish an…

§ 4. Language assistance services for State emergency communications (a) If an all-hazards event occurs, the Division shall ensure that language assistance services are available for all State communications regarding the all-hazards event, including relevant press conferences an…

§ 41. State Emergency Management Plan The Division of Emergency Management, in consultation with stakeholders, shall create, and republish as needed, but not less than every five years, a comprehensive State Emergency Management Plan. The Plan shall: (1) detail response systems d…

§ 45. Emergency relief and assistance (a) If a state of emergency due to an all-hazards event is declared by the Governor, the Secretary of Administration may expend from the Emergency Relief and Assistance Fund such funds necessary to meet match requirements for federal grants. …

§ 46. Disaster Relief Workers Fund; health care providers; reimbursement (a) The Disaster Relief Workers Fund is established in the State Treasury, and shall be managed in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5. The Fund is established for the purpose…

§ 47. Municipal deadlines, plans, and licenses; extension (a) During a state of emergency declared under this chapter, a municipal corporation may: (1) extend any statutory deadline applicable to municipal corporations, provided that the deadline does not relate to a license, per…

§ 48. Community Resilience and Disaster Mitigation Grant Program (a) Program established. There is established the Community Resilience and Disaster Mitigation Grant Program to award grants to covered municipalities to provide support for disaster mitigation, adaptation, or repai…

§ 49. Community Resilience and Disaster Mitigation Fund (a) Creation. There is established the Community Resilience and Disaster Mitigation Fund to provide funding to the Community Resilience and Disaster Mitigation Grant Program established in section 48 of this title. The Fund …

§ 5. Public safety districts (a) The Governor shall divide the State into public safety districts, one to correspond to each Vermont State Police troop area, as defined by the Commissioner. Each district shall be a reasonably self-sustaining, operating emergency management unit. …

§ 50. Urban Search and Rescue Team (a) The Department of Public Safety is authorized to create the Urban Search and Rescue (USAR) Team to provide for the rapid response of trained professionals to emergencies and other hazards occurring in the State. The Commissioner shall appoin…

§ 51. Division of Emergency Management; all-hazard and weather alert systems for municipal corporations Upon request of a municipal corporation, the Division of Emergency Management shall assist the municipal corporation with access to the following: (1) a statewide river observa…

§ 6. Local and regional organization for emergency management (a) Each town and city of this State shall establish a local organization for emergency management in accordance with the State emergency management plan and program. The executive officer or legislative branch of the …

§ 7. Mobile support units (a) Organization. The Commissioner is authorized to create and establish mobile support units as necessary to reinforce emergency management organizations in stricken areas and with due consideration of the plans of the federal government, the government…

§ 8. General powers of Governor (a) The Governor shall have general direction and control of the emergency management agency and shall be responsible for carrying out the provisions of this chapter. (b) In performing the duties under this chapter, the Governor is further authoriz…

§ 9. Emergency powers of Governor (a) Subject to the provisions of this chapter, in the event of an all-hazards event in or directed upon the United States or Canada that causes or may cause substantial damage or injury to persons or property within the State in any manner, the G…

§ 101. Emergency Management Assistance Compact; adoption The State of Vermont hereby adopts the Emergency Management Assistance Compact. The director of the Vermont emergency management services and the Vermont Adjutant General may adopt rules for procedures and practices necessa…

§ 102. Purpose; authority; definitions — Article I (a) The purpose of this Compact is to provide mutual aid and assistance among the party states for response to and management of any disaster or emergency declared by the Governor of any affected party state. (b) This Compact als…

§ 103. General implementation — Article II (a) Disasters or emergencies are rarely limited to occurring within political jurisdictional boundaries, making intergovernmental coordination and cooperation essential to effective management of most disasters or emergencies. The nature…

§ 104. Limitations — Article III (a) Any party state requested to render aid or conduct exercises under this Compact shall comply fully with the terms of this Compact; provided that the state rendering aid may withhold resources necessary to reasonably protect itself. Each party …

§ 105. Liability — Article IV Officers or employees of a party state rendering aid in another state pursuant to this Compact shall be considered agents of the requesting state for the purposes of tort liability and immunity. No party state or its officers or employees rendering a…