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Bill Summary · SB 1050

Summary of SB 1050 (2025 Session) – North Carolina

Title

Office of State Fire Marshal ESF Mods.

Purpose and Intent

SB 1050 seeks to reorganize and expand the state’s emergency response framework by elevating and integrating the Office of the State Fire Marshal (OSFM) into lead emergency support function (ESF) roles for firefighting, search and rescue, and hazardous materials response. The bill assigns increased authority to OSFM as the Lead State Agency and Emergency Coordinating Officer for ESFs 4, 9, and 10, and it creates a dedicated disaster response fund to support readiness, response, and post-disaster recovery for fire departments and rescue squads.

Key Provisions

Part I – Office of State Fire Marshal Emergency Support Functions

  • Establishment and Purpose (G.S. 166A-19.45): Creates a new Part 6A to align state agency authority with emergency response activities. OSFM, or its designee, would lead firefighting, search and rescue, and hazardous materials response, with funding supported through the Insurance Regulatory Fund (IRF) per existing constraints.
  • Definitions (G.S. 166A-19.45): clarifies terms including ESF, Lead State Agency, Lead Technical Agency, NCEOP, NIMS, EMAC, USAR, and IRF.
  • Powers and Duties (G.S. 166A-19.46): OSFM, as Lead State Agency for ESFs 4, 9, and 10, would:
    • Coordinate state agency activities, planning, training, and staffing.
    • Prepare and maintain state emergency plans, with potential incorporation into Governor’s orders.
    • Develop local plan standards, provide technical assistance, and oversee grant administration.
    • Create training programs, manage resources data, coordinate private facilities, and support Governor-issued declarations and regulations.
    • Integrate with NCEOP and ensure ICS/NIMS alignment.
  • Integration into NCEOP (b): OSFM becomes integrated as Emergency Coordinating Officer for ESFs 4, 9, and 10 within the NC Emergency Operations Plan and collaborates with the State Emergency Response Team (SERT) at the State Emergency Operations Center.
  • Emergency Coordination Officer (c): OSFM designated as ECO for ESFs 4, 9, and 10; can request mutual aid as needed.
  • EMAC Limitations (d): EMAC processes remain available and are not restricted by this Part.
  • Local Mutual Aid (e): Local fire department authorities to send resources beyond territorial limits remain unaffected.

  • ICS/NIMS Compliance (f): All ESF activities must align with ICS/NIMS and PP-8 guidelines.

  • Specific ESF Responsibilities (G.S. 166A-19.47):

    • ESF #4 (Firefighting): guidelines, coordination of firefighting resources, mutual aid, support to NC Forest Service, trainee standards, and Fire Management Assistance Grant processes.
    • ESF #9 (Search and Rescue): state support, USAR coordination, SAR operations, training, resource databases, and liaison functions.
    • ESF #10 (Hazardous Materials): mobilization and coordination for discharges/releases, federal coordination (NRT, RRT, US EPA, Coast Guard), on-scene coordination, and data sharing.

  • Local Incident Command (g): Local ICs retain situation assessment and resource decision-making roles; firefighting requests follow mutual aid or local emergency management channels (within ESFs 4, 9, 10).

  • Reporting (Section 1(c)): OSFM to report monthly on emergency operations and resources used during governor/general assembly-declared states of emergency.

Section 1(b) and 1(c) – Definitions and Powers

  • Expands the State Emergency Response Team and broadens membership to include OSFM among core agencies.
  • References to NCEM powers and state emergency governance are updated accordingly.

Section on Insurance Regulatory Fund (G.S. 58-6-25)

  • Funds used to reimburse the General Fund for emergency services costs, including OSFM-related emergency functions.

Transfer and Reorganization (Sections 1(f)–(g))

  • Requires updating the North Carolina Emergency Operations Plan by Oct 1, 2026.
  • NCEM and other agencies transfer lead agency powers for ESFs 4, 9, and 10 to OSFM; lead/ support roles adjusted accordingly.
  • Transfer of personnel, records, funds, and contracts to OSFM as needed to implement ESFs.

Part II – Repurposing Unexpended Hurricane Helene Grants

  • Reallocates approximately $4.9 million from Hurricane Helene Fire Department and Rescue Squad Grants to the OSFM Disaster Response Fund.
  • Establishes the OSFM Disaster Response Fund (SB 1050, Part II):
    • Purpose: immediate disaster grants to fire departments/rescue squads, disaster readiness, and response purchases.
    • Administration: OSFM may use up to 5% for administration.
    • Procurement: allows flexible procurement in large-scale emergencies, with emphasis on competitive pricing and record-keeping.
    • Reporting: annual October 1 reporting to legislative oversight committees.

Part III – Rulemaking and Effective Date

  • OSFM may adopt rules to implement the act.
  • Effective dates: Part I effective upon enactment; Section 2 (funding provisions) effective July 1, 2026; remainder effective October 1, 2026.

Affected Entities

  • Office of the State Fire Marshal (major role shift and expanded authority)
  • Division of Emergency Management (NCEM)
  • State Emergency Response Team (SERT)
  • Local fire departments, rescue squads, and emergency management agencies
  • North Carolina Forest Service (coordination support for fire suppression)
  • State and federal partners involved in ESFs 4, 9, and 10 (e.g., US Coast Guard, EPA)

Potential Impact

  • Centralizes leadership of firefighting, search and rescue, and hazardous materials response under OSFM.
  • Enhances state-level planning, training, and resource coordination for major emergencies.
  • Creates a dedicated Disaster Response Fund to support immediate post-disaster needs and preparedness.
  • Alters interagency workflows and requires updates to the NC Emergency Operations Plan by Oct 2026.
  • Provides new authority for OSFM to deploy and manage resources, with funding aligned to the IRF and potential use of pre-authorized procurement authorities during emergencies.

Compiled from official sources — confirm details with the bill’s official record.

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