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Remarks by Senator Moore - "Managing Disasters: Suggestions for Legislative Staff" |
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Delivered at the NCSL Communications & Leadership Professional Development Seminar Providence, RI |
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October 27, 2005 - A number of states have recently experienced natural disasters of varying degrees. New England has been hit by flooding, California by wildfires, Florida and other southern states by several hurricanes, most recently Hurricane Wilma. Of course, the biggest of all affecting primarily Louisiana, Mississippi, Alabama and Texas has been Hurricane Katrina, followed by Hurricane Rita. While most natural disasters are unpredictable, one thing is certain. Natural hazard events can, and will, happen anywhere. Another sure bet is that there’ll be plenty of second guessing and debate over every aspect of response and recovery to the disasters. After some initial grumbling, it now seems there's no question that New Orleans and the rest of the Gulf Coast hit by Hurricane Katrina will be rebuilt. But deciding what kind of Gulf Coast to rebuild is proving to be a little more contentious. As with other parts of the hurricane fallout, the effort to re-develop New Orleans and other coastal cities is becoming a forum for promoting political concerns that long pre-dated Katrina. Should officials try to rebuild the area like it was before? Should they take steps, such as suspending historical preservation laws, to construct new homes and businesses as quickly as possible? Or should they use this opportunity to push for a "smarter," more idealized development? Should they ignore environmental laws? What additional protection from flooding might be needed to prevent a recurrence of the Katrina experience. A group of architects from all over the country gathered recently in Biloxi to dream up designs for 11 coastal cities, as part of the Commission on Recovery and Reconstruction. What they came up with was a New Urbanist vision of pedestrian walkways, storefronts, greenways and light rail. While all those features are improvements over the poorly-planned development that was there before, the New York Times wondered if it isn't all a little too fake, too antiseptic, too much like a theme park. New Urbanism, says the Times' architecture critic, is "a sentimental and historicist vision of how cities work," and it fails to "embrace 20th- and 21st-century realities as well as the 19th-century charms of New Orleans." Rebuilding the areas hit by Katrina is obviously important. But creating a squeaky-clean Disney version of the Gulf Coast would be disrespectful to the colorful, organic, real architecture that made it unique in the first place. Why should state legislators and legislative You might wonder why it’s important that you have a basic understanding of emergency management. After all, isn’t that the job of the executive branch? Primarily, yes; but legislators will be asked by the media or their constituents what state government is doing or has done to make the state more safe from natural disasters such as Hurricane Katrina or an earthquake. If some disaster occurs “on your watch,” you better be ready to show what you did to protect the public. Emergency Management throughout the United States is a shared responsibility of governments at the local, state, and federal levels in partnership with non-profit organizations such as the American Red Cross and its state chapters, civic, religious and charitable groups, insurance companies and even individual citizens. Legislative leaders, and legislators generally, share a responsibility for emergency management in a variety of ways. When disaster strikes, legislators and legislative staff will be expected to play key roles, yet not get in the way of those executive agencies at the state and local levels charged with the primary responsibility of preparing for, responding to, recovering from and mitigating against disasters. The proximity and size of the disaster will also, to some extent, dictate the degree of involvement – for instance, did the disaster threaten the ability of state or local government to continue operations, did the disaster impact a large number of people or key public or private assets in the state, or was it a disaster that impacted some other area of the country that your citizens want to offer aid? OK, maybe we should know what the state is doing to prepare for or respond to a natural disaster or terrorist attack, but how much do I need to know when there are pros who will respond? In order to be sure that there are people in your state ready to respond and to understand what they’ve been doing, it may be helpful to understand a few basic concepts of emergency management and steps that state legislatures have taken, in some cases, or should take to be in the best position when, not if, disaster strikes – because in one way or another – state legislators will be expected to play a key role. For our purposes, emergency management is a broad process aimed at the reduction of loss of life and property and the protection of assets from all types of hazards through a risk-based program of mitigation, preparedness, response and recovery. When properly implemented, comprehensive emergency management includes many of the related activities included in specialty areas such as business continuity and disaster recovery. An emergency is any unplanned event that can cause deaths or significant injuries; or that can shut down a government agency or business, disrupt operations, cause physical or environmental damage, or threaten reputation or revenue. First, there are the four stages of emergency management: Preparedness is simply preparing for an emergency before it occurs. Obviously, it is important to not just plan, but to prepare as well. The key to effective emergency management is being ready to provide a rapid emergency response. Being ready includes training and exercises as well as logistics. Government agencies at all levels have an obligation to prepare themselves and the public for emergencies. Community groups, service providers, businesses, civic and volunteer groups, are all partners in this effort. Everyone needs to be prepared. Response includes the action of responding to an emergency. Trained and equipped personnel will be required to deal with any emergency situation. Recovery is the process of returning to normal. Salvage, resumption of business processes, and repair are typical recovery tasks. Mitigation is defined as "sustained action that reduces or eliminates long-term risk to people and property from natural hazards and their effects." Mitigation is the ongoing effort to lessen the impact disasters may have on people and property. Mitigation involves such activities as avoiding construction in high-risk areas such as floodplains, engineering buildings to withstand wind and earthquakes, and more. Second, there are the concepts of: Risk – the chances of a disaster happening. Vulnerability – areas that, if damaged or destroyed would cause harm. What roles are expected of legislators and legislative staff? Third, what are some of roles that legislators and legislative staff might play with regard to managing disasters?
What new issues can I expect to deal with As a result of public and media concern about the ability of state government to respond to major disasters, the federal government is making noise about the possible need to pre-empt state and local governments in response to major disasters. NCSL is working with other state and local stakeholders to ensure preservation of our federal system, and we will be calling on legislators to help in contacting their federal counterparts once specific positions are established. State legislators also need to be ready to provide oversight to executive agencies with regard to the use of federal homeland security and natural disaster funding so that instances of apparent misuse is not cited as evidence of the lack of state and local capacity to respond to disasters. A number of issues concerning the federal-state-local partnership in homeland security and emergency preparedness have emerged in the days and weeks following the recent disastrous events of Hurricanes Katrina and Rita. There have been, and probably will be, many efforts to assess blame and responsibility for the effectiveness of all three levels of government regarding these events. The focus for the National Conference of State Legislatures (NCSL) should not so much concern who did what wrong, but how we cope in the future with the realities of risk, uncertainty and crisis. We need to focus on preparedness as the foundation of a well-run state or local government with appropriate assistance from the federal government. On the other hand, by comparison to government emergency response, many private sector enterprises responded effectively to the hurricanes. There are important lessons to learn from the private sector, and private sector officials responsible for business continuity could be asked to help provide guidance to help formulate suggestions for state legislators in helping to enhance preparedness and continuity of government activities in their states. How will a major disaster such as Katrina impact my state? The economic impact of the Gulf Coast hurricanes will have an impact on our state budgets. We need to deal with some of the Katrina and Rita economic ripples that will, to one degree or another, affect every state. Among those ripples in our economy are:
The President has also raised the specter of a pandemic flu and has suggested that the military might need to be used to impose a quarantine. Certainly an influenza outbreak would add to our economic concerns. People tend to think that the threat is simply about getting ill and the fatalities that would follow. But in reality, if you had a particularly virulent pandemic, it would paralyze society. Would anyone go to work if a flu outbreak was raging in their city? Would anyone send their children to school? Commerce and travel would stop. The cost in monetary, as well as human life, would be substantial. Why aren’t my elected officials more concerned
about First, most people, and many elected officials, believe that disaster “won’t happen here. The public, and most elected officials, are generally unwilling to spend resources on emergency preparedness and mitigation -- expenditures which are only of value IF disaster strikes. There are simply too many other immediate demands for today’s limited resources to deal with today’s problems to spend much money on problems which may only be “potential problems”, even in some of the Nation’s most hazard prone regions. Consequently, the most likely source of sufficient funding for disaster preparedness, response, recovery and mitigation is a dedicated surcharge on those with the most to lose from disaster – property owners. Katrina is an especially good study in risk because the catastrophe was so widely foreseen. The Army Corps of Engineers told anyone who asked that the chance in any given year that a storm would inundate New Orleans was between one in two hundred or one in three hundred. Over the 77 years of the average American’s life expectancy, one in 200 annual odds snowball to one in three (77 into 200). Here’s a way to look at risk. If the cost of a flooded New Orleans is $100 billion, and the annual chance of that flood is one in 200, then it would pay to spend up to $500 million a year (1/200th of $100 billion) to keep such a flood from happening. It would also more than pay, probabilistically-speaking to undertake a forced evacuation whenever a Category 4 or 5 storm threatens the city. Yet nothing was done to spend the money for flood protection or to force the evacuation of the city. The reason for this is that elected officials have another set of probabilities to consider. If you’re at the beginning of a four-year term, over that span the one in 200 annual chance of a New Orleans flood grows to one in 50 (4 into 200). That’s still slim odds that spending big bucks on better levees will pay off during your term, and you won’t get much credit even if it does. Force residents onto buses and drive them out of town only to see the hurricane miss the city, and you’re in real political trouble. When I was with FEMA, we worked with New York City officials to plan for the potential of a hurricane hitting the Big Apple. Because of the angle of the coastline the storm surge would be intense. The high winds of a hurricane would force people to seek shelter in subways because of falling glass, but the subways would be flooded by the storm surge. The best solution was to keep people from coming into the city – and there are about 36 independent agencies that control bridges, tunnels, trains and ferries that bring people to work in New York. No agency wanted the responsibility of closing the city because the economic impact is staggering – especially if the storm misses the city. Rita gave us a good example that if you’ve witnessed a disaster, you’ll pay far more attention. Texas officials evacuated the coastal area and the caution saved a lot of lives. There may be some increased political will to make changes that would strengthen protection against natural disasters in the immediate aftermath of the Gulf Coast tragedy. However, the window of opportunity is limited, just as it was after September 11, 2001 to improve the security of the homeland. How much help can I expect from the federal government in a disaster? Federal funds for emergencies are, by design, supposed to be the last resort. The most common response to disaster events is a local and, to some degree, a state responsibility, and federal resources are not to be called upon until an event overwhelms state and local capabilities. Furthermore, federal efforts to reduce spending and balance the budget can be expected to make the availability of federal assistance even more difficult to obtain. Congressional Budget Office figures published in August, 2005 – before Katrina and Rita – indicate a serious deficit problem over the next ten years. The Gulf Coast disasters are expected to increase deficits in the next two years by $100 billion a year, and possible additional expenses in Iraq or Afghanistan could only further aggravate the problem. The message from Washington is, to a large degree, we’re on our own, so we better be prepared to do as much as we can without depending on federal help, especially in the immediate aftermath of a disaster. Many states usually experience disasters of the level which only qualify for local and state assistance. However, even when the level of disaster reaches the federal threshold, the state usually is unable to provide funding until the Legislature can approve supplemental appropriations. This need to secure legislative approval has often delayed some relief assistance by some six to eight weeks. In some cases, when there was only state assistance, the delay has been even longer. This delay causes unnecessary anxiety on the part of victims and local governments, and it also reduces the opportunities to mitigate future disasters during the recovery period. People and communities tend to want to rebuild as soon as possible. However, this rebuilding period is often the best time to take those steps necessary to make the property less vulnerable to future disasters and people are more willing to listen to those who advocate rebuilding methods which will make property safer. If funds and technical assistance to promote mitigation are delayed, the rebuilding may well occur without benefit of mitigation fueling a cycle of destroy, rebuild, destroy. What are states doing to responsibly prepare for disasters? It has become clear that most states need a dedicated source of revenue to insure that funds are available for emergency response to disaster in order to avoid delays in the recovery effort. There is also need for increased funding to improve emergency planning and response and, especially, for mitigation to reduce the impact of disasters. To ensure that states have sufficient resources to assist local jurisdictions and disaster victims, several states have established public and individual assistance programs for non-federally declared emergencies that still require significant resources. These programs are commonly supported by special disaster funds, which are themselves supported by appropriations, fees or both. These programs vary in terms of eligibility requirements, local contributions, scope and level of assistance, each tailored to meet the needs of their states. A list of these programs is included in the handout for your review. What if a fire or earthquake or other disaster destroyed Have you every wondered, if your capitol or state office building were destroyed or rendered unusable? What would you need to be able to get up and running again? What do you really need to get your job done? Government and private sector managers use risk scenarios to help plan for disasters. It’s a good exercise to stimulate some creative planning for responding to emergencies. There are even some good resources on the web for scenarios that others have developed. Shell Oil publishes its annual exercise (www.shell.com/scenarios) and while its focused on the needs of a global energy company, it can be a model for other fields. The Shell Global Scenarios to 2025 provide a tool to explore the many complex business environments in which companies work. Building on the 30-year track record of our scenario teams, they open a path to deeper understanding of the trends, forces and trade-offs that drive change and development. This one looks at conflicts among world forces demanding efficiency in the markets, demanding community for a peaceful future, and demanding security in a more dangerous world. Another set of scenarios – Project 2020 - to get us thinking has been developed by the National Intelligence Council (www.cia.gov/nic). The project's primary goal is to provide US policymakers with a view of how the world developments could evolve, identifying opportunities and potentially negative developments that might warrant policy action. How do we prepare for dealing with the media in an emergency or disaster? In an emergency, the media are the most important link to the public. Most media relations are common sense and should be in place even when no disaster has occurred. Try to develop and maintain positive relations with media outlets in your area. Determine their particular needs and interests. Explain your plan for protecting personnel and preventing emergencies. Determine how you would communicate important public information in an emergency.
When providing information to the media in an emergency: Do’s
Don’ts
How are states preparing to respond to disasters in their areas? INTRASTATE MUTUAL AID LEGISLATION Many local jurisdictions have agreements in place, but they vary widely across the country. Moreover, many are not formal agreements, and do not address key issues such as liability and compensation; and encompass multi-disciplines. To be able to move assets effectually between local jurisdictions and across state lines, mutual aid agreements should be robust, inclusive, demonstrate an effective relationship to EMAC and address liability and compensation issues in a manner consistent with state law. NEMA agreed to develop and market model intrastate mutual aid legislation along with several other related tasks. One of the most important aspects of the model is that adoption by jurisdictions is entirely voluntary. The model is meant to be a tool and resource for states and jurisdictions to utilize in developing or refining statewide mutual aid agreements. It is anticipated that states and jurisdictions may wish to modify the model to conform to their own state laws and authorities, or to address unique needs and circumstances. Further, the proposed articles and provisions in the model are complementary to the recommended minimum elements to be included in mutual aid agreements that are a part of the draft National Incident Management System Plan. A number of states have already passed intrastate mutual aid legislation for their state. Alabama, Arkansas, Delaware, Indiana, Iowa, Mississippi, Montana, North Dakota, Ohio, Oklahoma, Oregon, Virginia, Washington, and Wisconsin have enacted intrastate mutual aid legislation. How much help can I expect from other states? MUTUAL AID AMONG STATES – EMAC EMAC, the Emergency Management Assistance Compact, is a congressionally ratified organization that provides form and structure to interstate mutual aid. Through EMAC, a disaster impacted state can request and receive assistance from other member states quickly and efficiently, resolving two key issues upfront: liability and reimbursement. As has been repeatedly demonstrated by the Emergency Management Assistance Compact (EMAC), states can depend on each other to provide manpower and material resources in times of need. EMAC shines as the states mutual aid system; and currently has 48 states, 2 Territories and Washington D.C. as signatories to the compact. For over a decade, EMAC has served its members well. Mutual aid is a key to the nation's emergency response capabilities for all hazards, man-made or natural. The National Incident Management System (NIMS), currently under development by Department of Homeland Security, provides an operational framework for the response by federal, state and local agencies. In the NIMS, mutual aid is emphasized as an indispensable tool for the swift and coordinated response to disasters of all kinds. How do we manage the people in our districts who want to help if a disaster strikes some other part of the country? VOLUNTEERS AND DONATIONS EMAC urges all individuals, organizations, and states to not deploy without being requested. Self-deployments are not covered under the Compact and create problems for the state when they arrive. We urge anyone who wishes to volunteer, donate items, or or donate cash to contact established volunteer agencies to route their assistance. Volunteer agencies provide a wide variety of services after disasters, such as clean up, childcare, housing repair, crisis counseling, sheltering and food. Five Ways You Can Help Disaster Victims:
Where can I get more information? RESOURCES FOR FURTHER ASSISTANCE: Federal Emergency Management Agency National Emergency Management Association (state emergency management directors) International Association of Emergency Mangers Information about disaster preparedness and response |
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