This chapter is promulgated pursuant to the authority granted in RCW 38.52.070.

The purpose of this chapter is to establish criteria for existing local emergency management organizations, plans, and programs, and to evaluate new local emergency management organizations, plans, and programs to ensure consistency with the state comprehensive emergency management plan and program.

As used in this chapter:

(1) Emergency management will hereinafter refer to emergency management organizations.

(2) Director means the adjutant general of the Washington military department. The adjutant general delegates this authority to the Washington emergency management division director.

(3) Council means the Washington state emergency management council as established by RCW 38.52.040.

(4) Political subdivision means a county or incorporated city or town.

(5) Executive head(s) means:

(a) In the case of an incorporated city or town, the mayor or city manager.

(b) In the case of a county, either the county executive or the chair of the board of county commissioners or county council.

(c) In the case of a joint emergency management organization, the chair of the joint emergency management council.

(6) Emergency management organizations means the local government organization established by either a political subdivision or two or more political subdivisions for the purpose of carrying out local emergency management functions.

(7) Ordinance means a law established by the legislative body of a city, town, or county.

(8) Resolution means an expression of policy established by the legislative body of a city, town, or county.

(9) Governing document means an interlocal agreement (ILA) or other legal agreement entered into by the members of a joint emergency management organization governing its affairs.

(10) Comprehensive emergency management plan, hereinafter referred to as the plan, means a written base plan with elements addressing all reasonably foreseeable natural, human-caused, and technological emergencies and disasters to which a political subdivision is vulnerable. The plan specifies the purpose, organization, responsibilities, and facilities of agencies and officials of the political subdivision in the mitigation of, preparation for, response to, and recovery from emergencies and disasters.

(11) Hazard analysis means a written assessment and listing of the reasonably foreseeable natural, human-caused, and technological emergencies and disasters to which a political subdivision is vulnerable.

(12) Director of a local emergency management organization, hereinafter referred to as local director, means the head of the emergency management organization appointed by and directly responsible to the executive head of the political subdivision or joint emergency management organization and/or local officials with emergency management authority.

(13) Emergency management program means a system that provides for management and coordination of prevention, protection, mitigation, response, and recovery activities for all hazards. The system encompasses all organizations, agencies, departments, and individuals having responsibilities for these activities.

(1) Each political subdivision must establish an emergency management organization by ordinance or resolution passed by the legislative body of the political subdivision.

(2) Each political subdivision shall develop, promulgate, and submit a comprehensive emergency management plan to the director or their designee.

(3) Two or more political subdivisions may establish a joint emergency management organization by ordinance or resolution approving a governing document for the joint emergency management organization. Political subdivisions that have joined together to form a joint emergency management organization must submit a single plan to the director or their designee.

(4) Each new political subdivision or joint organization shall submit a copy of the ordinance(s) or resolution(s) establishing its emergency management organization or joint emergency management organization, and governing document if applicable, to the director for review and recommendations.

(5) Such ordinance or resolution, and governing document if applicable, shall create and constitute an approved emergency management organization for the purposes of RCW 38.52.195(2) and 38.52.260(2). Use of emergency workers is governed by chapter 118-04 WAC.

(1) The ordinance or resolution establishing an emergency management organization, and the governing document establishing a joint emergency management organization if applicable, shall contain the following elements:

(a) How costs of supporting the emergency management organization will be shared between or among the constituent political subdivisions.

(b) A requirement that the emergency management organization or joint emergency management organization be headed by a local director of emergency management appointed by the political subdivision(s) or as set forth in the governing document.

(c) The local director of emergency management shall be appointed by the joint action of the executive heads of the constituent political subdivisions or in a manner stipulated in the governing document of the joint emergency management organization. The local director of emergency management shall be directly responsible to the executive head of the constituent political subdivision(s) or to the governing body of the joint emergency management organization as established by the executive heads of the constituent political subdivisions.

(d) Specification of responsibility for the organization, administration, and operation of the emergency management organization or joint emergency management organization.

(2) Nothing in this code shall prevent one or more political subdivisions from contracting with another subdivision for emergency management activities under the provisions of chapter 39.34 RCW, the Interlocal Cooperation Act.

(1) Each emergency management organization or joint emergency management organization shall create, promulgate, and maintain a current plan which shall be based on a hazard analysis or equivalent and, at a minimum, include a basic document with the following elements:

(a) Mission or purpose - Provides a description of why the plan is established, citation of the authorizing or enabling federal, state, and local statute(s) or ordinance(s), and an explanation of the situations and assumptions on which the plan is based.

(b) Organization and responsibilities - Provides a definition of the emergency responsibilities of each primary agency and local officials with emergency management authority involved in the plan, and a brief explanation of the chain of command and organizational relationship among such agencies.

(c) Concept of operations - Provides a general explanation of how the plan is to be implemented and how the plan's general functions are to be performed.

(d) Administration, finance, and logistics - Provides an outline of the utilization of resources in response and recovery actions, including records retention and documentation, and defines how such actions will be financed.

(e) Direction and control - Provides a description of the location (physical or virtual) of emergency operations and/or coordination centers, and the mechanisms for maintaining continuity of civil government within the political subdivision.

(2) The plan should also include, either in the plan itself or in an annex or appendix, a functional description of how each of the following operational components will be addressed:

(a) Direction, control, and coordination;

(b) Continuity of government;

(c) Emergency resource management (requests, procurement, and tracking);

(d) Alerts and warnings;

(e) External affairs and/or public information;

(f) Response and recovery operations;

(g) Evacuation and shelter-in-place;

(h) Sheltering and temporary housing;

(i) Human resources;

(j) Mass care and emergency assistance;

(k) Public health, medical, and mortuary services;

(l) Communications;

(m) Agricultural resources;

(n) Transportation;

(o) Oil and hazardous materials response (including radiological);

(p) Public safety, law enforcement, and security;

(q) Firefighting;

(r) Public works and engineering;

(s) Search and rescue;

(t) Nongovernmental organizations, including faith-based and nonprofit agencies;

(u) Development and maintenance;

(v) Emergency fiscal procedures;

(w) Training and exercise;

(x) Energy and utilities;

(y) Debris management.

(3) The plan shall reference or include the following items:

(a) A list of local ordinances or resolutions granting authority to establish: The emergency management organization, mutual aid agreements, memoranda of understanding, and other documents important to the adoption or implementation of the plan. These may be referenced in the plan or included in the plan's appendices.

(b) The month and year of the most recent revision shall be identified on each page of the plan and its associated procedures and checklists.

(c) Each page of the plan shall be numbered.

(4) The plan shall be promulgated by letter signed by the current executive head and included in or attached to the plan.

(5) The plan shall be updated at least once every five calendar years, and reviewed and amended as needed following exercises and activations.

(6) No less than once every five calendar years, the operational capabilities of the emergency management organization and plan shall be tested by an emergency operations exercise or by an actual emergency operations and/or coordination center activation.

(1) The director or their designee shall review and evaluate plans and other documents submitted by a local emergency management organization within the following time periods:

(a) Ordinances/resolutions shall be reviewed within 30 working days of submittal to verify that a political subdivision has adopted a resolution creating or identifying an emergency management program as required for the emergency management performance grant, and a resolution adopting the national incident management system.

(b) All other submittals of plans and updates shall be reviewed and appropriate feedback or response shall be provided within 45 working days of submittal.

(2) The director or their designee(s) shall review and evaluate documents for consistency with criteria established in this chapter and by state and federal guidance for local plans, annexes, revisions, and ordinances or resolutions creating emergency management organizations.

(3) If the director determines that any document is in nonconformance, they shall notify the local director of the emergency management organization or joint organization submitting the document. The director shall state in writing the reasons for determining that the document does not conform.

(4) The emergency management organization or joint organization and the political subdivision(s) it represents shall have 90 working days following the date of issuance of the director's notice of nonconformance to:

(a) Change the document to meet state criteria and resubmit it to the state for reconsideration; or

(b) Schedule a meeting with the director to be held within the 90 working day period to resolve differences between the emergency management organization and the director.

(5) If, following such a meeting, the director's determinations regarding the document are still averse to the emergency management organization or the political subdivision(s) it represents, the local director of the submitting emergency management organization may file a written appeal with the chairperson of the state emergency management council within 15 working days of receipt of the director's written notification or expiration of the 90 working day period following the issuance of the director's initial notice of nonconformance. Such an appeal shall state in writing emergency management the organization's reasons for appealing the director's determination and shall have appended to the appeal statement a copy of each of the following:

- The document(s) in question.

- The director's initial and any subsequent notice of nonconformance.

- Any other letters, documents, meetings minutes, etc., that may impact the matter being appealed.

(6) The emergency management council shall have 30 working days from receipt of the local director's appeal to schedule a hearing to and issue notices of the hearing to all parties. The hearing shall be set for as soon as practical for all the parties, but not later than 90 working days after the emergency management council receives the notice of appeal.

(a) In hearing the appeal, the council may consider any information supplied by the director, the emergency management organization, or the political subdivisions it represents, or any other party it wishes to allow to make a presentation. The hearing shall be an administrative law hearing.

(b) Within 10 working days following the conclusion of the hearing, the council shall issue a written decision sustaining the director's determination, overturning the director's determination, or amending the director's determination.

(7) The emergency management organization shall not be held in nonconformance until the appeal process is complete.