North Carolina § 143-215 - 94II. Emergency proclamation; Governor's powers.

§ 143-215. 94II. Emergency proclamation; Governor's powers.

Whenever any emergency exists or appears imminent, arising from the discharge of oil or other pollutants within the marine environment, the Governor shall by proclamation declare a state of emergency in the appropriate sections of the State. Upon such proclamation, the Governor shall have all powers enumerated in G.S. 166A-19.30(c) subject to the limitations contained in that subsection. If the Governor is unavailable, the Lieutenant Governor shall, by proclamation, declare a state of emergency in the appropriate sections of the State. In performing his duties under this section, the Governor is authorized and directed to cooperate with all departments and agencies of the federal government, the offices and agencies of other states and foreign countries and the political subdivisions thereof, and private agencies in all matters pertaining to an emergency described herein. In addition to the powers enumerated in G.S. 166A-19.30(c), in the case of such an emergency described in subsection (a) of this section, the Governor is further authorized and empowered to transfer any funds available to him by statute for emergency use into the Oil or Other Hazardous Substances Pollution Protection Fund created pursuant to G.S. 143-215.87, to be utilized for the purposes specified therein. History (1989, c. 656, s. 5; c. 770, s. 75.5; 1991, c. 342, s. 14; 2012-12, s. 2(ww).) Cross References. - As to emergency management, generally, see G.S. 166A-19 et seq. As to additional powers of Governor during states of emergency, see G.S. 166A-19.30 . As to Governor's power to order evacuation of public buildings, see G.S. 166A-19.78 . Effect of Amendments. - Session Laws 2012-12, s. 2(ww), effective October 1, 2012, in subsection (a), deleted "the fact and that" following "proclamation declare," deleted "exists" following "a state of emergency," and substituted "G.S. 166A-19.30(c) subject to the limitations contained in that subsection" for "G.S. 14-288.15, subject to the provisions of G.S. 14-288.16" at the end; in subsection (b), substituted "declare a state of emergency" for "declare the fact and that a state of emergency exists"; and in subsection (d), substituted "G.S. 166A-19.30(c)" for "G.S. 14-288.15" near the beginning.