RSA 146-A:12 · Emergency Proclamation; Governor's Powers

146-A:12 Emergency Proclamation; Governor's Powers. – Whenever any disaster or catastrophe exists or appears imminent arising from the discharge of oil, petroleum products or their by-products, the governor shall by proclamation declare the fact and that an emergency exists in any or all sections of the state. If the governor is temporarily absent from the state or is otherwise unavailable, the next person in the state who would act as governor if the office of governor were vacant shall, by proclamation, declare the fact and that an emergency exists in any or all sections of the state. A copy of such proclamation shall be filed with the secretary of state. The governor shall have general direction and control of the department of environmental services and shall be responsible for carrying out the purposes of this chapter.

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I.

In performing his duties under this chapter, the governor is authorized and directed to cooperate with all departments and agencies of the federal government, with the offices and agencies of other states and foreign countries, and the political subdivisions thereof, and with private agencies in all matters pertaining to a disaster or catastrophe.

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II.

In performing his duties under this chapter, the governor is further authorized and empowered:

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(a)

To make, amend and rescind the necessary orders, rules and regulations to carry out this chapter within the limits of the authority conferred upon him and not inconsistent with the rules, regulations and directives of the President of the United States or of any federal department or agency having specifically authorized emergency functions.

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(b)

To delegate any authority vested in him under this chapter and to provide for the subdelegation of any such authority.

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III.

Whenever the governor is satisfied that an emergency no longer exists, he shall terminate the proclamation by another proclamation affecting the sections of the state covered by the original proclamation, or any part thereof. Said proclamation shall be published in such newspapers of the state and posted in such places as the governor, or the person acting in that capacity, deems appropriate.

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IV.

The provisions of RSA 4:45, RSA 4:46, and RSA 21-P:34 through RSA 21-P:48 as they shall apply to the taking of private property, compensation and use, mutual aid, immunity, aid in emergency, enforcement and compensation shall apply to disasters or catastrophes proclaimed by the governor under this chapter. Source. 1971, 266:1. 1986, 202:6, I(a). 1991, 92:19. 1996, 228:108. 2002, 257:9, eff. July 1, 2002.

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