Tennessee § 58-2-101 - Chapter definitions.

§ 58-2-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires: “Agency” means the Tennessee emergency management agency (TEMA); “Broadcaster” means a radio broadcasting station or a television broadcasting station primarily engaged in the business of facilitating or originating speech, pictures or both through over the air communications, both as to pure speech and commercial speech and for all purposes operating under licenses provided by the federal communications commission and which station has been selected by the federal emergency management agency as a primary entry point; “CLEO” means the chief local elected official; “Compacts” means the emergency management compacts included in parts 4 and 7 of this chapter; “Disaster” means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state emergency by a county, the governor, or the president of the United States. “Disaster” is identifiable by the severity of resulting damage, as follows: “Catastrophic disaster” means a disaster that will require massive state and federal assistance, including immediate military involvement; “Major disaster” means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance; and “Minor disaster” means a disaster that is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance; “EMA” means a local emergency management agency of a political subdivision; “Emergency” means an occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, that results or may result in substantial injury or harm to the population, or substantial damage to or loss of property; provided, that natural threats may include disease outbreaks and epidemics; “Emergency management” means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. Specific emergency management responsibilities include, but are not limited to: Reduction of vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural, technological, or manmade emergencies or hostile military or paramilitary action; Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies; Response to emergencies using all systems, plans, and resources necessary to preserve adequately the health, safety, and welfare of persons or property affected by the emergency; Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies; Provision of an emergency management system embodying all aspects of pre-emergency preparedness and post emergency response, recovery, and mitigation; and Assistance in anticipation, recognition, appraisal, prevention, and mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use; “Emergency management preparedness and assistance trust fund” means a trust fund to be administered solely by TEMA. All funds collected by the state and placed in this trust fund shall be designated for emergency management purposes only; “Emergency response broadcaster” means a person certified pursuant to § 58-2-128 as an emergency response broadcaster; “Emergency services coordinator” or “ESC” means the person or persons selected by the head of each executive branch agency or commissioner designated by the governor and includes alternates. The ESC and an alternate will be responsible for coordinating with the agency on emergency preparedness issues, preparing and maintaining emergency preparedness and post disaster response and recovery plans for their agency, maintaining rosters of personnel to assist in disaster operations, and coordinating appropriate training for agency personnel; “Energy emergency” means a condition of danger to the health, safety, welfare, or economic well being of the citizens of this state arising out of a present or threatened shortage of usable energy resources; also any condition of substantial danger to the health, safety, or welfare of the citizens of this state resulting from the operation of any electrical power generating facility, the transport of any energy resource by any means whatsoever, or the production, use or disposal of any source material, special nuclear material, or by-product material as defined by the Atomic Energy Act of 1954, 68 Stat. 919 (42 U.S.C. §§ 2011-2394); also any nuclear incident, as defined by the Atomic Energy Act of 1954, occurring in or outside this state, substantially affecting the health, safety, or welfare of the citizens of this state; “Energy resources” includes all forms of energy or power, including without limitation, oil, gasoline, and other petroleum products; natural or synthetic gas; electricity in all forms and from all sources; and other fuels of any description; “Entity” includes a firm, business, for profit and not-for-profit corporation, profit and not-for-profit unincorporated association, partnership, and two (2) or more persons having a joint or common economic interest; “GAR” means the governor's authorized representative; “Local emergency management agency” means an organization created in accordance with this chapter to discharge the emergency management responsibilities and functions of a political subdivision; “Manmade emergency” means an emergency caused by an action against persons or society, including, but not limited to, enemy attack, sabotage, terrorism, civil unrest, or other action impairing the orderly administration of government; “Mobile reserve unit” means an organization for emergency management created in accordance with this chapter by state or local authority to be dispatched by the governor to supplement local organizations for emergency management in a stricken area; “Natural emergency” means any emergency caused by a natural event, including, but not limited to, a storm, a flood, a drought, or an earthquake; “Person” includes a natural person or entity organized under the laws of this state or any other state or territory of the United States or the federal government, as the case may be, and includes both the singular and plural; “Political subdivision” means any municipality or county, including any county having metropolitan form of government, created pursuant to law; “Public official” means an elected or appointed person in the executive, legislative or judicial branch of the state or any political subdivision of the state; “SCO” means state coordinating officer; “Technological emergency” means an emergency caused by a technological failure or accident, including, but not limited to, an explosion, transportation accident, radiological accident, or chemical or other hazardous material incident; and “TEMP” means Tennessee emergency management plan. Acts 2000, ch. 946, § 1; 2006, ch. 588, § 1; 2009, ch. 288, § 2; 2014, ch. 730, § 2. Compiler's Notes. For establishment of Tennessee emergency management agency as the agency of state government having responsibility and authority for planning disaster and emergency preparedness and directing response, see Executive Order Nos. 4 (February 13, 1987) and 15 (April 17, 1998). Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part. For the Preamble to the act concerning emergency preparedness, please refer to Acts 2014, ch. 730. Acts 2014, ch. 730 § 1 provided that the act, which added the definitions of “broadcaster” and “emergency response broadcaster”, shall be known and may be cited as the “Emergency Response Broadcasters Act.” Cross-References. Civil defense functions include natural and nonhostile disasters, § 58-2-102 . Coordination with state military affairs, § 58-1-116 . Emergency communications districts, title 7, ch. 86. Terrorism Prevention and Response Act of 2002, title 39, ch. 13, part 8. Procedures when emergency necessitates change to polling place location within 10 days of election day, § 2-3-110 . Attorney General Opinions. Use of blue flashing lights by county emergency management agency officers, OAG 99-062 (3/12/99). Vehicles of an emergency management agency of a Tennessee city or county may be equipped with blue flashing lights, OAG 06-050 (3/16/06).