EXECUTIVE ORDER NO. 50

WHEREAS, the President of the United States, in Homeland Security Directive No. 5 (HSPD-5), directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent, nationwide approach for federal, State, local, and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic security incidents, regardless of cause, size or complexity; and

WHEREAS, the collective input and guidance from all federal, State, local, and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and

WHEREAS, it is necessary and desirable that all federal, State, local and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and

WHEREAS, to facilitate the most efficient and effective incident management system, it is critical that federal, State, local, and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and implementing comprehensive resource management and designated incident facilities during domestic security emergencies or disasters; and

WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the State's ability to utilize federal funding to enhance local and State agency readiness, maintain first responder safety, and streamline incident management processes; and

WHEREAS, the Incident Command System (ICS) components of NIMS are already an integral part of various incident management activities currently being undertaken throughout the State, including current emergency management training programs; and

WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized ICS; and

WHEREAS, as used herein, the term “first responder” has the same meaning as used in HSPD-8 and applies regardless of whether the first responder is paid or volunteer; and

WHEREAS, HSPD-8 has defined first responders to include those individuals who, in the early stages of an incident, are responsible for the protection and preservation of life, property, evidence, and the environment, including emergency response providers as defined in Section 2 of the Homeland Security Act of 2002 (6 U.S.C. § 101), as well as emergency management, public health, clinical care, public works, and other skilled support personnel, such as equipment operators, who provide immediate support services during prevention, response, and recovery operations; and

WHEREAS, the federal Homeland Security Act of 2002 provides that the term “emergency response providers” includes federal, State, and local emergency public safety, law enforcement, emergency response, emergency medical, including hospital emergency, and related personnel, agencies, and authorities; and

WHEREAS, the NIMS ICS is based upon the National Wildfire Coordinating Group curriculum, the same Incident Command System that is currently used by the fire service and emergency management in New Jersey, as well as the New Jersey State Police;

NOW, THEREFORE, I, Richard J. Codey, Acting Governor of the State of New Jersey, by the virtue of the authority vested in me by the Constitution and Laws of the State of New Jersey do hereby ORDER and DIRECT:

1. There is established an incident management system in New Jersey which shall be the National Incident Management System (NIMS). The NIMS shall be the State standard for incident management and it shall be used for all emergency incidents in this State. All State departments and agencies, within 60 days of this Order, and thereafter from time to time as may be appropriate to maintain compliance with federal requirements, shall issue such directives, administrative orders and regulations as may be necessary to ensure the use of the NIMS on all incidents by all first responders within their subject areas of responsibility, including those first responders at the departmental, agency, county and local levels.

2. All first responders shall complete the NIMS Awareness Course: National Incident Management System (NIMS), An Introduction, and all State department and agency heads, as well as their senior staff and other staff members with emergency response responsibility, also shall complete the NIMS course.

3. All responses conducted pursuant to the State Emergency Operations Plan (EOP), or any county or municipal EOP, shall be conducted in accordance with the NIMS. All State departments and agencies shall incorporate the NIMS into existing training programs and exercises, wherever appropriate. All first responders shall annually participate in multi-discipline exercises and drills that utilize the NIMS. The Domestic Security Preparedness Task Force shall coordinate existing learning management and tracking systems to track incident management and other NIMS training, and the Division of Fire Safety in the Department of Community Affairs, the State Forest Fire Service and the State Office of Emergency Management shall expand their existing Memorandum of Agreement to include all departments and agencies with responsibility for the implementation of the NIMS in the development of equivalent, uniform training standards and programs.

4. The State Office of Emergency Management shall work with the Emergency Support Function lead agencies to develop a strategy to train: (a) all entry level first responders, including firefighters, police officers, emergency medical services providers, public works on-scene personnel, public health on-scene personnel and other emergency responders, and other emergency personnel that require an introduction to the basic components of the ICS, to the ICS-100: Introduction to ICS level, prior to December 31, 2005; (b) all first line supervisors, single resource leaders, lead dispatchers, field supervisors, company officers and entry level positions (trainees) on Incident Management Teams and other emergency personnel that require a higher level of ICS training to the ICS-200: Basic ICS Basic level, prior to December 31, 2006; (c) all middle management, strike team leaders, task force leaders, unit leaders, division/group supervisors, branch directors and Multi-Agency Coordination System/Emergency Operations Center staff to the ICS-300: Intermediate ICS level, prior to December 31, 2007; and (d) all command and general staff, agency administrators and department heads with on-scene incident management responsibilities, emergency managers, areas commander and Multi-Agency Coordination System/Emergency Operations Center managers to the ICS-400: Advanced ICS level, prior to December 31, 2007. The State Office of Emergency Management also shall work with the Emergency Support Function lead agencies to develop a strategy to provide to elected officials, senior executive, senior managers and agency administrators with policy responsibilities, but without specific ICS or Multi-Agency Coordination System function/roles or responsibilities the ICS-402: ICS Summary for Executives course.

5. All county and municipal OEMs shall incorporate the NIMS into the county or municipal EOP during the next update pursuant to N.J.S.A. APP. A:9-43.2, and the State Office of Emergency Management shall promote intrastate mutual aid agreements whenever feasible.

6. The Attorney General, as State Administrative Agency (SAA) for the Department of Homeland Security grants, and the Commissioner of Health and Senior Services, as SAA for Health and Human Services and Centers for Disease Control grants, and any other designated SAA shall assure that federal Fiscal Year 2005, 2006 and 2007 grants support the above objectives, and the Attorney General and Commissioner and any other designated SAA shall report their progress on these issues to the Domestic Security Preparedness Task Force on a regular basis.

7. Beginning on January 1, 2006, all State departments and agencies shall condition award of all preparedness grants upon compliance with federal requirements for the NIMS.

8. The Attorney General shall ascertain such other steps as may be required to assure that the State of New Jersey is in compliance with the Department of Homeland Security’s evolving requirements for the NIMS and shall work through Domestic Security Preparedness Task Force to implement such measures.

9. This Order shall take effect immediately.

GIVEN, under my hand and seal this 5th day of August in the Year of Our Lord, Two Thousand and Five, and of the Independence of the United States, the Two Hundred and Thirtieth.

/s/ Richard J. Codey
Acting Governor

Attest: /s/ Mark J. Fleming
Deputy Chief Counsel to the Governor