SB 81
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 81 (Chair, Education, Health, and Environmental Affairs
Committee)(By Request - Departmental - Military)
Education, Health, and Environmental Affairs Health and Government Operations
State Government - Emergency Management - Continuity Planning
This departmental bill requires each principal department of the Executive Branch of State
government to develop and annually update a continuity of operations plan to maintain
department operations if an emergency or other crisis disrupts normal operations. Each
plan, and the required plan updates, must be submitted to the Maryland Emergency
Management Agency (MEMA). MEMA must develop guidelines and serve as the
coordinating agency to assist each principal department in writing and maintaining a
continuity of operations plan. MEMA must also (1) work with each department to develop
and maintain a continuity of government plan; (2) present the plan to the Governor and the
General Assembly, as specified; and (3) review the plan for revisions at least once every
four years. The bill also expresses the intent of the General Assembly that MEMA
implement the bill’s provisions with existing personnel and resources.
Fiscal Summary
State Effect: No effect in FY 2021 or 2022. General fund expenditures increase by
$160,800 in FY 2023; future years reflect ongoing costs. Revenues are not affected.
(in dollars) FY 2021 FY 2022 FY 2023 FY 2024 FY 2025
Revenues $0 $0 $0 $0 $0
GF Expenditure 0 0 160,800 156,200 161,600
Net Effect $0 $0 ($160,800) ($156,200) ($161,600)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: None.
Small Business Effect: The Military Department has determined that this bill has minimal
or no impact on small business (attached). The Department of Legislative Services concurs
with this assessment. (The attached assessment does not reflect amendments to the bill.)
 Analysis
Bill Summary: Each principal department’s continuity of operations plan must include
information regarding (1) the delineation of essential functions; (2) the delegation of
authority; (3) the safekeeping of and access to essential records, including electronic
records; (4) continuity locations; (5) continuity communications; (6) human resources
planning; (7) devolution of essential functions; (8) reconstitution; and (9) program
validation through testing, training, and exercises. MEMA is authorized to resolve conflicts
between continuity of operations plans.
The continuity of government plan must include the continuity of operations for essential
government functions as identified by the principal departments.
Current Law: MEMA, which is part of the Military Department, is responsible for
coordinating the State response in any major emergency or disaster. This includes
supporting local governments as needed or requested and coordinating assistance with the
Federal Emergency Management Agency (FEMA) and other federal partners. MEMA
manages many of the federal grants that fund a broad range of initiatives leading to
enhanced protection from and responses to the full range of natural and man-made disasters
that could threaten the State’s citizens.
In 2013, Governor Martin J. O’Malley issued Executive Order 01.01.2013.06, which
established the Maryland Emergency Preparedness Program (MEPP). MEMA is the
agency of State government with primary responsibility and authority for
emergency preparedness policy and for coordinating hazard mitigation, incident response,
and disaster recovery. Among other things, MEMA is required to develop and coordinate
preparedness policy through MEPP and review and update MEPP biannually. Each
State agency must, among other things, develop and maintain documents necessary to
support MEPP, as requested by either MEMA or the Maryland State Police, including
continuity of operations plans. The continuity of operations plans must be updated
biannually.
Background: Broadly, continuity of operations plans are guidelines that, in the event of
an emergency, ensure the continuation of essential services. Continuity of
government plans, in addition to ensuring the continuation of essential
government services at the state and federal level, are designed to preserve the statutory
and constitutional authority of elected officials across the government in the event of an
emergency. FEMA publishes guidelines and document templates to assist federal, state,
and local government agencies in the creation and maintenance of continuity of operations
and continuity of government plans.
SB 81/ Page 2
The Military Department advises that, among other things, the bill codifies the requirement
set forth in Executive Order 01.01.2013.06 that each State agency submit a continuity of
operations plan to MEMA. According to the Military Department, several agencies request
guidance and active support in writing continuity of operations plans each year, but MEMA
does not have funding to provide that assistance; this bill requires MEMA to do so. The
Military Department also advises that MEMA does not currently have the authority to
resolve conflicts in continuity of operations plans. In addition to addressing those issues,
the bill is intended to introduce continuity of government planning into the programmatic
efforts of the Executive Branch.
The Military Department advises that neighboring states require state agencies to create
continuity of operations and continuity of governance plans by their respective
emergency management agencies. The Delaware Emergency Management Agency is
authorized to prepare and maintain a comprehensive plan and program for the emergency
management of the state. The Virginia Department of Emergency Management is
authorized to prepare and maintain a “State Emergency Operation Plan” that assigns
primary and support responsibilities for basic emergency services functions to state
agencies, organizations, and personnel. The West Virginia Department of Homeland
Security and Emergency Management is responsible for the state’s continuity of operations
and governance plans and is authorized to coordinate the response to and recovery from a
continuity of governance event.
State Expenditures: Although the bill expresses that it is the intent of the General
Assembly that MEMA implement the bill with existing personnel and resources, MEMA
is not capable of fully implementing the bill without additional staff. Accordingly, general
fund expenditures for MEMA increase by $160,785 in fiscal 2023. This estimate reflects
the cost of hiring two administrators to develop guidelines, review and resolve conflicts
between department continuity of operations plans, prepare for and create the first
continuity of government plan by the end of calendar 2023, and provide ongoing technical
support. It includes salaries, fringe benefits, one-time start-up costs, and ongoing operating
expenses. Even though MEMA has already been tasked with emergency preparedness
duties under MEPP, the bill expands MEMA’s duties with respect to overall coordination
of continuity of operations plans and establishes new duties related to continuity of
government planning.
Positions 2
Salaries and Fringe Benefits $149.735
Operating Expenses 11,050
Total FY 2023 State Expenditures $160,785
Future year expenditures reflect salaries with annual increases and employee turnover and
ongoing operating expenses.
SB 81/ Page 3
As each State agency is already required to submit to MEMA a continuity of operations
plan biannually, it is assumed that affected principal departments can implement the bill’s
requirements with existing budgeted resources.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Military Department; Department of Information Technology;
Department of Commerce; Maryland Department of Aging; Maryland State Department of
Education; Maryland Department of Agriculture; Department of Budget and Management;
Maryland Department of Disabilities; Maryland Department of the Environment;
Department of General Services; Maryland Department of Health; Department of Housing
and Community Development; Department of Human Services; Department of Juvenile
Services; Maryland Department of Labor; Department of Natural Resources; Maryland
Department of Planning; Department of Public Safety and Correctional Services; Board of
Public Works; Department of State Police; Maryland Department of Transportation;
Department of Veterans Affairs; Federal Emergency Management Agency; Department of
Legislative Services
Fiscal Note History: First Reader - January 14, 2020
rh/lgc Third Reader - March 14, 2020
Revised - Amendment(s) - March 14, 2020
Analysis by: Thomas S. Elder Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 81/ Page 4
ANALYSIS OF ECONOMIC IMPACT ON SMALL BUSINESSES
TITLE OF BILL: Executive Branch Continuity Planning
BILL NUMBER: SB 81
PREPARED BY: Catherine Kelly
This agency estimates that the proposed bill:
_x_ WILL HAVE MINIMAL OR NO ECONOMIC IMPACT ON MARYLAND SMALL
BUSINESS
OR
WILL HAVE MEANINGFUL ECONOMIC IMPACT ON MARYLAND SMALL
BUSINESSES
SB 81/ Page 5


Statutes affected:
Text - First - State Government - Emergency Management - Continuity Planning: 14-116 Public Safety
Text - Third - State Government - Emergency Management - Continuity Planning: 14-116 Public Safety