A BILL TO BE ENTITLED
AN ACT to make various changes to emergency response functions within the state and to modify the operations of the office of the state fire marshal and to use funds to effectuate those purposes.
The General Assembly of North Carolina enacts:

part i. office of state fire marshal emergency support functions
SECTION 1.(a)  Article 1 of Chapter 166A of the General Statutes is amended by adding a new part to read:
"Part 6A. Certain Emergency Response Planning and Operations.
"§ 166A‑19.45. Office of State Fire Marshal Disaster Response.
(a)	Purpose. – The purpose of this Part is to align operational authority between certain State agencies and associated emergency response activities. The combination of firefighting, search and rescue, and hazardous materials response align with the responsibilities of the Office of the State Fire Marshal, and shall be managed, directed, and implemented during emergency response by the State Fire Marshal or their designee. The Office shall support the costs associated with implementing the provisions of this Part with the IRF, consistent with the limitation and use listed under G.S. 58‑6‑25(12).
(b)	Definitions. – The following definitions apply in this Part:
(1)	Office. – The Office of the State Fire Marshal.
(2)	EMAC. – The Emergency Management Assistance Compact under Article 4 of this Chapter.
(3)	ESF. – Emergency Support Function, as defined under the Incident Command System and National Incident Management System.
(4)	Lead State Agency. – As defined in the NCEOP.
(5)	Lead Technical Agency. – As defined in the NCEOP.
(6)	NCEOP. – The North Carolina Emergency Operations Plan.
(7)	National Incident Management System (NIMS). – Established under Homeland Security Presidential Directive #5, issued February 28, 2003, as amended.
(8)	Presidential Policy Directive/PPD‑8. – Issued by the President of the United States on March 30, 2011, to develop the National Preparedness Goal to identify core capabilities necessary for preparedness to guide activities that will enable the nation to achieve those directives and goals.
(9)	IRF. – The Insurance Regulatory Fund established in G.S. 58‑6‑25.
(10)	USAR. – Urban Search and Rescue team.
"§ 166A‑19.46. Powers and duties of the Office; emergency support functions.
(a)	Powers and Duties. – The Office, through the State Fire Marshal or their designee, as the designated Emergency Coordinating Officer, shall have the following powers and duties as the designated Lead State Agency for certain emergency support functions listed G.S. 166A‑19.47 under this Part:
(1)	Coordination of the activities of all State agencies for certain emergency support functions listed under this Part within the State, including planning, organizing, staffing, equipping, training, testing, and activating and managing the State Emergency Response Team and emergency management programs associated with those emergency support functions.
(2)	Preparation and maintenance of State plans for emergencies for certain emergency support functions listed under this Part. The State plans or any parts of those plans may be incorporated into Office rules and into executive orders of the Governor.
(3)	Promulgation of standards and requirements for local plans and programs consistent with federal and State laws and regulations, determination of eligibility for State financial assistance provided for in G.S. 166A‑19.15, and provision of technical assistance to local governments. Standards and requirements for local plans and programs promulgated under this subdivision shall be reviewed by the Office at least biennially and updated as necessary.
(4)	Development and presentation of training programs for personnel for certain emergency support functions listed under this Part, including the Emergency Management Certification Program established under Article 5 of this Chapter, and public information programs to insure the furnishing of adequately trained personnel and an informed public in time of need associated with those emergency support functions.
(5)	Making of studies and surveys of the resources in this State as may be necessary to ascertain the capabilities of the State for certain emergency support functions listed under this Part, maintaining data on these resources, and planning for the most efficient use of those resources.
(6)	Coordination of the use of any private facilities, services, and property for certain emergency support functions listed under this Part.
(7)	Preparation for issuance by the Governor of executive orders, declarations, and regulations as necessary or appropriate for certain emergency support functions listed under this Part.
(8)	Cooperation and maintenance of liaison with the other states, the federal government, and any public or private agency or entity in implementing programs for certain emergency support functions listed under this Part.
(9)	Coordination of the use of existing means of communications and supplementing communications resources for certain emergency support functions listed under this Part and integrating them into a comprehensive State or State federal telecommunications or other communications system or network.
(10)	Administration of federal and State grant funds provided for emergency management purposes, including those funds provided for planning and preparedness activities by emergency management agencies, for certain emergency support functions listed under this Part.
(11)	Utilizing and maintaining technology that enables efficient and effective communication and management of resources between political subdivisions, State agencies, and other governmental entities involved in emergency management activities, for certain emergency support functions listed under this Part.
(12)	Maintenance of an effective statewide urban search and rescue program.
(b)	NCEOP Integration. – The State Fire Marshal, or their designee, shall be integrated into the NCEOP as an Emergency Coordinating Officer for ESFs pertaining to firefighting, search and rescue, and hazardous materials response. The Emergency Coordinating Officer shall coordinate emergency response for those ESFs and collaborate with the State Emergency Response Team at the State Emergency Operations Center upon activation.
(c)	Emergency Coordination Officer (ECO). – The State Fire Marshal is designated as the Emergency Coordination Officer for the ESFs pertaining to firefighting, search and rescue, and hazardous materials response. The Emergency Coordination Officer shall coordinate requests for mutual aid from local emergency management agencies or other units of local government if requested pursuant to G.S. 166A‑19.48 or other contract or agreement entered into.
(d)	EMAC Limitation. – Nothing in this Part shall be construed to limit the Emergency Management Assistance Compact entered into under Article 4 of this Chapter or the established EMAC Assistance Team under the command and control of the Division. If the Emergency Coordinator Officer requests EMAC resources, the request shall be directed to the EMAC Assistance Team and Division EMAC Coordinator following a verification of a state of emergency declaration by the Governor under this Chapter. 
(e)	Mutual Aid Between Fire Departments. – Nothing in this Part shall be construed to limit the authorities of local fire departments to send firemen and apparatus beyond territorial limits as provided in Article 83 of Chapter 58 of the General Statutes. 
(f)	Incident Command System and National Incident Management System Application. – All ESF responsibilities, organizational structure, response, and other associated functions executed by the Office and Emergency Coordinator Officer under this Part shall be consistent with Incident Command System‑ and National Incident Management System‑compliant functions and best practices, consistent with federal law and policies, including Presidential Policy Directive/PPD‑8.
"§ 166A‑19.47. Emergency Support Function responsibilities of the Office.
(a)	Emergency Support Function #4 (Firefighting). – Under ESF#4, the Office has the following responsibilities as the Lead State Agency and the Lead Technical Agency:
(1)	Provide guidelines for those agencies directly or indirectly involved in providing firefighting support or fire resources in response to emergencies requiring State assistance.
(2)	Manage and coordinate State firefighting activities, including all of the following:
a.	The detection and suppression of fires.
b.	Providing personnel, equipment, and supplies.
c.	Support local agencies involved in rural and urban firefighting operations.
d.	Mobilizing resources in support of local wildland, rural, and urban firefighting activities.
e.	Using established firefighting organizations, processes, and procedures.
(3)	Manage mutual aid among the various federal, State, and local fire agencies, using the Incident Command System, while combining the compatible firefighting equipment and communications.
(4)	Assist the Division and the North Carolina Forest Service with fire suppression through resource allocation and coordination.
(5)	Ensure coordination among all the resource providers and the supporting agencies.
(6)	Provide search and rescue resources as may be required by the particular fire suppression scenario.
(7)	Provide all essential coordination for the dispatch, arrival, entry, and reporting of necessary personnel into the fire suppression area.
(8)	Upon recommendation of the North Carolina Forest Service, prepare the Fire Management Assistance Grant request for the Governor's signature, specifying the facts supporting the request.
(9)	The authority derived under Article 78A of Chapter 58 of the General Statutes to use any available resources to fulfill its mission in support of fire suppression, including the assignment of volunteer fire resources to locations throughout the State.
(10)	Exercise the primary support function for forest fire suppression in support of the North Carolina Forest Service.
(11)	Oversee statewide fire training, providing standards and qualification levels for individuals functioning in the rescue specialty.
(12)	Exercise control during major fire suppression over the coordination required through the local fire marshal and emergency manager to temporarily reallocate resources, personnel, and equipment to other areas where those are needed, including staging, security, and refueling.
(13)	Assume responsibility for loaned equipment and personnel, including accountability, maintenance and repair, and a provision for the return of the equipment to the original jurisdiction when it is no longer needed.
(14)	Provide engineers to assist with damage assessment.
(15)	Implement the North Carolina Association of Fire Chief's Emergency Response Plan, as necessary, through a predetermined process for resource rostering and deployment that coordinates efforts through the Office, Division, Association, local fire chief, local fire marshal, and local emergency manager.
(b)	Emergency Support Function #9 (Search and Rescue). – Under ESF#9, the Office has the following responsibilities as the Lead State Agency:
(1)	Provide State support to local governments by using State resources in search and rescue activities during daily events as well as actual or potential disasters.
(2)	Manage and coordinate search and rescue activities, including all of the following:
a.	USAR.
b.	Swift water rescue.
c.	Helicopter‑aquatic search and rescue.
d.	Wilderness search and rescue.
e.	Mountain search and rescue.
f,	Provide daily situation reports to all specialized State teams listed in this subdivision.
(3)	Coordination and direction of local search and rescue efforts, including volunteers.
(4)	Coordinate with local emergency managers and governments for search operations.
(5)	Coordinate the deployment of necessary USAR teams within the State in the event of a catastrophic disaster with widespread building collapse or other qualifying incident with the Emergency Services Branch under the control of the Division.
(6)	Request federal USAR assistance if the incident exceed State capabilities through the SERT and Emergency Services Branch.
(7)	Coordinate with the Emergency Services Branch for typed resource database of specialized resources maintained outside of ESF#9 scope.
(8)	Maintain a typed resources database for search and rescue operations.
(9)	Provide a liaison to units of local government and coordinate assistance or response from State and federal governments and private search and rescue organizations.
(10)	Organize and appropriately train emergency management personnel for participation in all aspects of search and rescue operations.
(11)	Coordinate additional training for State and units of local government agencies and volunteer organizations to ensure an acceptable level of search and rescue preparedness.
(12)	Ensure specialized resources are capable by maintaining training records, applications, and typing criteria.
(13)	Maintain a current directory of qualified resources for search and rescue, through fire and rescue services statewide through the North Carolina Association of Rescue and Emergency Medical Services, the North Carolina Firefighters' Association, and the North Carolina Association of Fire Chiefs.
(14)	Coordinate air assets to transport specialized resources in a timely fashion.
(c)	Emergency Support Function #10 (Hazardous Materials). – Under ESF#9, the Office has the following responsibilities as the Lead State Agency:
(1)	Manage the procedures for the mobilization and coordination of a multi‑organizational response that will contain, control, and manage a discharge or release of a hazardous material that threatens coastal communities, offshore waters, and inland communities of the State. 
(2)	Respond to oil discharges and hazardous substance releases in accordance with the North Carolina Area Contingency Plan, as required under the federal Comprehensive Environmental Response, Compensation, and Liability Act (P. L. 96‑510, as amended), section 311 of the federal Clean Water Act (33 U.S.C. § 1321, as amended), and the federal Oil Pollution Act (P. L. 101‑380)
(3)	If a large scale ESF#10 response, submit a federal resource request or appropriate request for assistance to the State Emergency Response Team for any of the following federal resources or assistance:
a.	National Response Team.
b.	Regional Response Team.
c.	United States Environmental Protection Agency Region IV, including the assistance of a federal on‑scene coordinator.
d.	United States Coast Guard.
e.	Any other federal agency necessary. 
(4)	Coordinate efforts to identify responsible party, and once identified, collaborate with the State Emergency Response Team to communicate with the responsible party for consultation, advice, and decisions regarding the State's position on actions necessary to response to the discharge or release.
(5)	Coordinate the deployment of State resources within the designated boundaries between coastal and inland zones for the purpose of providing federal on‑scene coordinators response operations in accordance with 14 U.S.C. § 501 (Coast Guard Areas, Districts, Sectors, Marine Inspection Zones, and Captain of the Port Zones), as amended.
(6)	Coordinate the unified command for an ESF#10 activation and response in conjunction with the Department of Environmental Quality, State Emergency Response Team, Division, and other State agencies, United States Coast Guard, and United States Environmental Protection Agency, subject to federal command and control as required by federal law.
(7)	Coordinate with the federal on‑scene coordinator for the location of a command post.
(8)	Ensure the State Emergency Response Team notifies the National Response Center.
(9)	Activation of the Environmental Technical Advisory Group, as necessary.
(10)	Obtain and provide data and information regarding the population, industry, commercial, and natural resources within the State which may be endangered by the discharge or release.
(11)	Coordinate with other State agencies with responsibility and authority of coastal waterways.
(d)	Limitation on Remediation of Underwater Legacy Environmental Threat. – In the event of a release or discharge from an underwater legacy environmental threat, including vessels casualties from World War II in the Western Atlantic Ocean, the United States Coast Guard shall assume command and control of the disaster or incident response efforts if within the coastal waters of this State or could impact the State in any way.
(e)	Limitation on Regional Response Team. – The Division shall maintain a representative to the Regional Response Team and a representative to another state's emergency operations center if the incident involves at least two states.
(d)	Local Incident Commander Responsibilities. – Under this section and as applied to the specific responsibilities, powers, and duties of the Office and other State agencies enumerated in this Part, the responsibility for situation assessment and determination of resource needs is under the local Incident Commander for the emergency, supporting the Incident Command System and National Incident Management System structure.
"§ 166A‑19.48. Requests from units of local government for assistance.
Incident Commander Responsibilities. – Consistent with Incident Command System and National Incident Management System structures, the local Incident Commander is responsible for situation assessment and determination of resource needs for an incident in their jurisdiction. Requests for firefighting assistance and resources will be handled in accordance with mutual aid agreements or from the local emergency management agency to the Emergency Coordinator Officer, if those requests are under the emergency support functions enumerated in G.S. 166A‑19.47.
"§ 166A‑19.49. Reporting requirements.
The Office shall report to the Joint Legislative Commission on Governmental Operations and the Governor on a monthly basis during the pendency of the state of emergency declared by the Governor or General Assembly under this Chapter. The report shall include all pertinent operations information, resources used in the response, and any other data requested by the Governor or Commission."
SECTION 1.(b)  G.S. 166A‑19.3 reads as rewritten:
"§ 166A‑19.3.  Definitions.
The following definitions apply in this Article:
…
(18)	State Emergency Response Team. – The representative group of State agency personnel designated to carry out the emergency management support functions identified in the North Carolina Emergency Operations Plan. The State Emergency Response Team leader shall be the Director of the Division, who shall have authority to manage the Team pursuant to G.S. 166A‑19.12(1), as delegated by the Governor. The Team shall consist of the following State agencies:
a.	Department of Public Safety.
b.	Department of Transportation.
c.	Department of Health and Human Services.
d.	Department of Environmental Quality.
e.	Department of Agriculture and Consumer Services.
e1.	Office of State Fire Marshal.
f.	Any other agency identified in the North Carolina Emergency Operations Plan.
…."
SECTION 1.(c)  G.S. 166A‑19.12 reads as rewritten:
§ 166A‑19.12.  Powers of the Division of Emergency Management.
With the exception of and subject to the provisions of G.S. 166A‑19.46, the Division of Emergency Management shall have the following powers and duties as delegated by the Governor and Secretary of Public Safety:
..."
SECTION 1.(d)  G.S. 58‑6‑25 reads as rewritten:
"§ 58‑6‑25.  Insurance regulatory charge.
…
(d)	Use of Proceeds. – The Insurance Regulatory Fund is created as an interest‑bearing special fund to which the proceeds of the charge levied in this section and all fees collected under Articles 69 through 71 of this Chapter and under Articles 9 and 9C of Chapter 143 of the General Statutes shall be credited. Moneys in the Fund may be spent only pursuant to appropriation by the General Assembly, and the Fund is subject to the provisions of the State Budget Act. All money credited to the Fund shall be used to reimburse the General Fund for the following:
…
(12)	Money appropriated to the Department of Insurance to pay its expenses incurred in connection with emergency services and emergency support functions pursuant to Part 6A of Article 1A of Chapter 166A of the General Statutes during any state of emergency declared under Chapter 166A of the General Statutes or major disaster declaration under the Robert T. Stafford Act ."
SECTION 1.(e)  G.S. 58‑78A‑1 reads as rewritten:
"§ 58‑78A‑1.  Office of the State Fire Marshal.
…
(b)	The Office of the State Fire Marshal shall be responsible for all of the following:
…
(22)	The exercise, command, and control of the emergency support functions and associated provisions of Part 6A of Article 1A of Chapter 166A of the General Statutes.
(23)	Associated duties of membership on the State Emergency Response Team in accordance with G.S. 166A‑19.3.
(24)	Associated duties of assisting the Division of Emergency Management of the Department of Public Safety in updating and maintaining pertinent emergency support functions within the North Carolina Emergency Operations Plan."
SECTION 1.(f)  Transfer of Certain Authority. – Pursuant to Part 6A of Article 1A of Chapter 166A of the General Statutes, as enacted by this act, the Governor, Department of Public Safety, Division of Emergency Management (NCEM), and Office of State Fire Marshal shall revise the North Carolina Emergency Operations Plan to reflect the provisions of this Part. This update shall occur by October 1, 2026. All lead technical agencies and support agencies under emergency support functions #4, 9, and 10, shall remain in their current role. NCEM shall become a support agency under emergency support function #4 in which is was previously the lead state agency.
SECTION 1.(g)  Transfer of Personnel and Resources. – Pursuant to Part 6A of Article 1A of Chapter 166A of the General Statutes, as enacted by this act, NCEM and any other State agency which transfers lead state agency powers under that Part, shall transfer all employees, associated functions, powers, duties, records, equipment, offices, and unexpended, unencumbered, and otherwise available State or federal funds to the Office of State Fire Marshal, necessary for the Office of the State Fire Marshal to execute the emergency support functions of firefighting, search and rescue, and hazardous materials response in accordance with that Part. All memoranda of understanding, contracts, and agreement in which the lead state agency in an emergency support function affected by this Part shall be transferred to the Office of State Fire Marshal as soon as practicable.

part ii. repurposing of unexpended funds from hurricane helene fire department and rescue squad grants
SECTION 2.(a)  Any funds remaining unspent or unencumbered under Section 2A.3(a)(10) of S.L. 2025‑26, consisting of approximately four million nine hundred thousand dollars ($4,900,000) shall be reallocated the Office of State Fire Marshal Disaster Response Fund, as enacted by this Part.
SECTION 2.(b)  Part 6A of Article 1A of Chapter 166A of the General Statutes, as enacted by Part I of this act, is amended by adding a new section to read:
"§ 166A‑19.50. Office of State Fire Marshal Disaster Response Fund.
(a)	Establishment. – There is established the Office of State Fire Marshal Disaster Response Fund within the Office a nonreverting special fund within the Office of State Fire Marshall of the Department of Insurance. The Office shall administer the Fund consistent with this section.
(b)	Purpose; Uses. – The funds shall be used by the Office for all of the following:
(1)	Provide immediate emergency grants to fire departments and rescue squads to restore or maintain operational needs and capabilities following a disaster.
(2)	For disaster readiness, preparedness, and response activities, including the purchase of equipment, supplies, and contracted services necessary to support emergency operations.
(c)	Administration. – The Office may use up to five percent (5%) of the Fund to administer the Fund each fiscal year.
(d)	Procurement Exception. – Notwithstanding Articles 3, 3C, or 8 of Chapter 143 of the General Statutes Article 15 of Chapter 143B of the General Statutes, or any other provision of law to the contrary, the Office may use the funds in the Fund if, in the determination of the State Fire Marshal, a large scale emergency or disaster warrants the use or procurement of resources or services listed in subsection (b) of this section. To the extent practicable, the Office shall seek competitive pricing and shall maintain documentation of the actions taken under this subsection.
(e)	Reporting Requirement. – On October 1 of each year, the Office shall submit a report on the uses, balance, and other significant information of the Fund to the Joint Legislative Emergency Management Oversight Committee, the Joint Legislative Oversight Committee on General Government, and the Fiscal Research Division."

part iii. rulemaking and effective date
SECTION 3.(a)  The Office of State Fire Marshal may adopt rules to implement the provisions of this act. 
SECTION 3.(b)  Section 1(f) and (g) of this act is effective when it becomes law. Section 2 of this act becomes effective July 1, 2026. The remainder of this act becomes effective October 1, 2026.