Bill
S 1740
Establishes Local Emergency Management Agencies in every city/town with defined director roles and broad temporary emergency powers to expedite response, procurement, and access du
Note on document inconsistencies
- The bill metadata provided (title: “Requires pharmacies to provide prescription drug readers”; sponsors list; some committee referrals) conflicts with the actual bill text included below. The text filed as Senate Docket No. 112 (filed 1/7/2025) is titled “An Act establishing local emergency management agencies” and amends Chapter 639 of the Acts of 1950. This summary treats the bill text as authoritative and summarizes the emergency-management measure. Please verify the official legislative source for final sponsorship, title, and committee status.
Purpose
- To revise and modernize the statutory framework for municipal civil defense and emergency preparedness in Massachusetts by establishing Local Emergency Management Agencies (LEMAs)/Local Offices of Emergency Preparedness, clarifying appointment and authority of local directors, and expanding powers and intergovernmental coordination during disasters.
Key provisions
- Establishment and name: Each political subdivision (city/town) must establish a local organization for civil defense, to be known as a Local Emergency Management Agency and Local Office of Emergency Preparedness. Existing departments may be designated as the agency.
- Director appointment: Cities — director appointed by the mayor (or city manager in council‑manager cities); towns — appointed by selectmen or town manager/administrator where applicable. A department head may be designated as director; such designation is exempt from Section 20 of Chapter 268A (ethics provision).
- Director responsibilities: Direct responsibility for organization, administration, and operation of local emergency functions within territorial limits and, when required, outside those limits per section 7.
- Emergency powers: During disasters, political subdivisions may enter contracts and incur obligations necessary to combat the disaster, protect health and property, and assist victims. Appointing authorities may act without regard to time‑consuming procedural formalities (except mandatory constitutional requirements), including public works procedures, contracting formalities, hiring temporary workers, renting equipment, purchasing supplies, spending public funds, and suspending contract limitations or restrictions in Chapters 41 or 150E.
- Entry onto private property: Municipal authorities may enter private property to provide aid and assistance during emergencies.
- Emergency declaration: The appointing authority must declare a state of emergency in writing to exercise these powers and must file the declaration immediately with the governor, the state director, the secretary of state, and the city/town clerk.
- Fiscal authority: The legislative body may levy taxes and make emergency appropriations to support actions under this section.
- Use of existing resources (replacement of section 16): The governor and municipal executives are directed to utilize the services, equipment, supplies and personnel of existing state and local departments to the maximum extent practicable. The governor (or municipal executive) may assign disaster preparedness and relief activities to relevant agencies; those agencies must carry out assigned duties.
Who is affected
- Municipal governments (mayors, city managers, select boards, town managers/administrators)
- Municipal departments and personnel (may be assigned emergency duties)
- Local directors of emergency management (newly clarified role and authorities)
- Residents and property owners (subject to temporary emergency actions including entry onto property)
- State agencies called upon to support or be assigned emergency functions
Procedural / timeline notes
- Docket/filed date on the included text: January 7, 2025 (Senate Docket No. 112), presented by Senator Michael O. Moore.
- The text references replacement of sections 13 and 16 of Chapter 639 (Acts of 1950).
- Provided legislative action dates in the package are inconsistent (committee referrals and hearing schedules vary). One hearing is noted as scheduled 09/10/2025. Confirm current status with the official legislative clerk or website.
Potential impacts and considerations
- Clarifies and centralizes municipal emergency authority and accelerates procurement and response during declared emergencies.
- Grants broad temporary suspension of procurement/labor formalities and authority to enter private property — useful for rapid response but may raise oversight, transparency, labor‑rights, and civil liberties concerns.
- The ethics exemption for designating existing department heads as emergency directors (reference to ch. 268A, §20) could raise conflict‑of‑interest issues that may merit legislative or administrative safeguards.
For authoritative status, sponsors, and final text, consult the official legislative website or clerk’s office.
Compiled from official sources — confirm details with the bill’s official record.
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