Part I.

Adds new Part 6A, Certain Emergency Response Planning and Operations, to Article 1 of GS Chapter 166A with the purpose of aligning operational authority between certain State agencies and associated emergency response activities. Directs the Office of the State Fire Marshal (Office) to manage firefighting, search and rescue, and hazardous materials response during emergency response. Directs the Office of the State Fire Marshal to support implementation costs with the Insurance Regulatory Fund in accordance with GS 58-6-25. Defines terms.

Sets out twelve powers and duties of the Office (as Lead State Agency) through the State Fire Marshal or their designee, as the designated Emergency Coordinating Officer for certain emergency support functions (ESFs) listed in new GS 166A-19.47, including coordinating State agency activities; preparing State plans for emergencies; promulgating requirements for local plans; developing training programs; conducting resource surveys; coordinating use of private property; preparing for Governor’s executive orders; cooperating with other states, the federal government, and other entities; coordinating communications network; administering grant funds; utilizing effective technology; and maintaining an effective statewide urban search and rescue program.

Requires the State Fire Marshal or their designee be integrated into the North Carolina Emergency Operations Plan (NCEOP) as an Emergency Coordinating Officer (ECO) for ESFs related to firefighting, search and rescue, and hazardous materials response and coordinate emergency response for those ESFs, including collaborating with the State Emergency Response Team. Requires ECO to coordinate mutual aid requests from local government units if requested pursuant to this Part or by contract or agreement.

Provides that nothing in this Part limits the Emergency Management Assistance Compact (EMAC) under Article 4 of this Chapter and the established EMAC Assistance Team. Provides that an ECO request for EMAC resources will be directed to the specified EMAC personnel after a verified state of emergency declaration by the Governor.

Provides that nothing in this Part limits a local fire department’s authority to send personnel and equipment outside territorial limits under Article 83 of GS Chapter 58.

Requires all ESF duties and associated functions of the Office and ECO to be consistent with federal law and policies including specified Presidential Policy Directive and Incident Command System (ICS) best practices.

Sets out ESF responsibilities of the Office for firefighting, search and rescue, and hazardous materials.

Specifies fifteen firefighting responsibilities, including providing guidelines to involved agencies; managing State firefighting activities (including detecting and suppressing fires, providing personnel/equipment/supplies, supporting local agencies, mobilizing resources, and using established procedures); managing mutual aid using the Incident Command System; assisting specified State agencies with fire suppression; ensuring coordination among resource providers and supporting agencies; providing search and rescue resources as may be required in a fire suppression scenario; providing coordination of necessary personnel into the fire suppression area; preparing Fire Management Assistance Grant request for Governor’s signature if recommended by State Forest Service; using any available resources to fulfill its mission as authorized by Article 78A of GS Chapter 58; exercising the primary support function for forest fire suppression; overseeing statewide fire training; coordinating personnel/equipment/resource reallocation as needed during major fire suppression; assuming responsibility for loaned equipment and personnel; providing engineers to assist with damage reassessment; and implementing the North Carolina Association of Fire Chief’s Emergency Response Plan as necessary.

Specifies fourteen search and rescue responsibilities, including providing State support to local governments by using State resources in daily disaster search and rescue activities; managing search and rescue activities including Urban Search and Rescue (USAR) teams, swift water rescue, helicopter-aquatic search and rescue, wilderness search and rescue, mountain search and rescue, and daily situation reports; coordinating and directing local search and rescue efforts; coordinating with local emergency managers and governments; coordinating the deployment of USAR teams with the Emergency Services Branch (ESB) in the event of a catastrophic disaster with widespread building collapse or other qualifying incident; requesting federal USAR assistance if needed; coordinating with ESB for specialized resource database maintained outside the scope of this ESF; maintaining resources database for search and rescue; providing a liaison to local governments and coordinating State, federal, and private search and rescue response; organizing and training emergency management personnel; coordinating additional training for State and local government units and volunteer agencies; ensuring specialized resources are capable through appropriate records; maintaining directory of qualified resources for search and rescue through specified professional organizations; and coordinating air assets to timely transport specialized resources.

Specifies eleven hazardous materials responsibilities, including managing procedures for multi-organization response to manage hazardous material discharge; responding to oil and hazardous substance discharges in accordance with North Carolina Area Contingency Plan as required by specified federal laws; submitting a federal resource request in a large-scale response; coordinating efforts to identify and consult with responsible party; coordinating deployment of State resources to provide operations in accordance with specified federal law; coordinating unified command in conjunction with specified and other State and federal agencies; coordinating with federal on-scene coordinator for command post location; ensuring State Emergency Response Team notifies National Response Center; activating the Environmental Technical Advisory Group as necessary; obtaining and providing data on resources in the State that may be endangered by the discharge; and coordinating with other State agencies responsible for coastal waterways.

Provides that the United States Coast Guard will assume control of response efforts in the event of a release or discharge from an underwater legacy environmental threat within the State’s coastal waters or that could otherwise impact the State.

Directs the Division of Emergency Management to have a representative on the Regional Response team and a representative on another state’s emergency operations center if the incident involves two or more states.

Provides that local Incident Commanders are responsible for situation assessment and determination of resource needs for the emergency, supporting the ICS and National Incident Management System (NIMS) structure.

Provides that local Incident Commanders are responsible for situation assessment and determination of resource needs for an incident in their jurisdiction and requests for firefighting assistance and resources are to be handled in accordance with mutual aid agreements or from the local emergency management agency to the ECO if the requests align with the enumerated ESFs.

Requires the Office to report to the specified NCGA committee and the Governor on a monthly basis during the state of emergency and sets out information to be included in the report.

Amends GS 166A-19.3 to add the Office of State Fire Marshal to the State Emergency Response Team.

Amends GS 166A-19.12 to add an exception for responsibilities listed in new GS 166A-19.46 from the list of the Division of Emergency Management’s powers and duties.

Amends GS 58-6-25 to provide that money credited to the Insurance Regulatory Fund will be used to reimburse the General Fund for money appropriated to the Department of Insurance incurred in connection with ESFs pursuant to new Part 6A of Article 1A of GS Chapter 166A during a declared state of emergency or major disaster.

Amends GS 58-78A-1 to provide that the Office of State Fire Marshal is responsible for controlling ESFs and associated provisions of new Part 6A of Article 1A of GS Chapter 166A, associated duties of membership on the State Emergency Response Team, and associated duties of assisting the Division of Emergency Management (NCEM) and Department of Public Safety (DPS) in updating and maintaining pertinent ESFs within the NCEOP.

Directs the Governor, DPS, NCEM, and the Office to revise the NCEOP to reflect the provisions of Part 6A of Article 1A of GS Chapter 166A by October 1, 2026. Addresses roles for lead technical agencies and support agencies, including changing NCEM from the lead state agency to a support agency for the firefighting ESFs. Effective when the act becomes law.

Directs NCEM and any other agency transferring lead state agency powers under Part 6A of Article 1A of GS Chapter 166A to transfer all personnel and resources to the Office that are necessary for the office to execute the firefighting, search and rescue, and hazardous materials ESFs. Provides that all memoranda of understanding, contracts, and agreements with a lead state agency pertaining to these ESFs are to be transferred to the Office as soon as practicable. Effective when the act becomes law.

Part II.

Reallocates any unspent or unencumbered funds under Section 2A.3(a)(10) of SL 2025-26 ($18 million Hurricane Helene Fire Department and Rescue Squad grant to the Office for listed counties) to new Office of State Fire Marshal Disaster Response Fund.

Adds new GS 166A-19.50, enacting the Office of State Fire Marshal Disaster Response Fund as a nonreverting special fund within the Office within the Department of Insurance. Sets out purpose and uses for the funds (including emergency grants to fire departments and rescue squads, disaster readiness and response). Provides that the Office may use up to 5% of the Fund to administer the fund each year. Allows the Office to use funds for procurement of specified resources if warranted by a large scale emergency or disaster, notwithstanding specified laws. Directs the Office to seek competitive pricing and maintain documentation to the extent practicable. Requires the Office to report on the Fund annually to the specified NCGA committees and division.

Effective July 1, 2026.

Part III.

Authorizes the Office to adopt rules to implement the provisions of this act.

Except as otherwise provided, effective October 1, 2026.