State of Emergency

What is a State of Emergency?

The Governor declares a State of Emergency when he/she believes a disaster has occurred or may be imminent that is severe enough to require State aid to supplement local resources in preventing or alleviating damages, loss, hardship or suffering. This declaration authorizes the Governor to speed State agency assistance to communities in need. It enables him to make resources immediately available to rescue, evacuate, shelter, provide essential commodities (i.e., heating fuel, food etc.) and quell disturbances in affected localities.It may also position the State to seek federal assistance when the scope of the event exceeds the State's resources.

  1. Is a State of Emergency required under the Stafford Act to receive a Major Disaster Declaration from the President of the United States?

    Answer:

    No. This was demonstrated in 2012 with the Straight Line Wind event, DR 4070, that occurred without warning. Once a disaster occurs, our Recovery Bureau works in coordination with local, county and federal partners to determine the estimate of damage to ensure we have reached the county and state threshold.

    The Stafford Act (§401) requires that: “All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State.” A State also includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. The Marshall Islands and the Federated States of Micronesia are also eligible to request a declaration and receive assistance.

    The Governor’s request is made through the regional FEMA/EPR office. State and Federal officials conduct a preliminary damage assessment (PDA) to estimate the extent of the disaster and its impact on individuals and public facilities. This information is included in the Governor’s request to show that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the local governments and that Federal assistance is necessary. Normally, the PDA is completed prior to the submission of the Governor’s request. However, when an obviously severe or catastrophic event occurs, the Governor’s request may be submitted prior to the PDA.

    Nonetheless, the Governor must still make the request. As part of the request, the Governor must take appropriate action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information on the nature and amount of State and local resources that have been or will be committed to alleviating the results of the disaster, provide an estimate of the amount and severity of damage and the impact on the private and public sector, and provide an estimate of the type and amount of assistance needed under the Stafford Act.

    In addition, the Governor will need to certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements. Based on the Governor’s request, the President may declare that a major disaster or emergency exists, thus activating an array of Federal programs to assist in the response and recovery effort.

  2. Does a State of Emergency declaration direct citizens to take any particular action?

    Answer:

    No. The declaration empowers the New Jersey Office of Emergency Management (NJOEM) to act on behalf of the Governor to employ the resources and assets of State, local and private agencies to provide immediate assistance to localities. Typically, the New Jersey State Police, National Guard, and departments of Environmental Protection, Transportation and Health are called upon rather quickly to respond to the event, and other departments are added as needed.

    After the Governor issues the declaration, NJOEM puts the State Emergency Operations Plan into effect. It may also activate the State Emergency Operations Center to full 24-hour staffing to coordinate and direct State response and recovery operations. In addition, NJOEM may call on a number of private agencies such as the American Red Cross, The Salvation Army, and the Voluntary Organizations Active in Disaster (VOAD) network to fulfill critical missions. The Radio Amateur Civil Emergency Service (RACES) often provides backup emergency communications and the Civil Air Patrol may assist in search and rescue missions.

  3. Does a State of Emergency mean you aren't allowed to go anywhere or do anything until it's lifted?

    Answer:

    The Governor's declaration does not normally restrict citizen movements or activities. The State may limit access to affected areas due to concerns for public safety but will notify the public of these restrictions. If it is necessary to impose vehicular or personal movement restrictions, the New Jersey Office of Emergency Management will alert the public using all available means, including, but not limited to: the Emergency Alert System, urgent press releases, DOT highway signs, law enforcement teletypes, etc. Every effort will be made by NJOEM to facilitate safe passage for utility, health care and emergency services workers whose presence is necessary for public safety or in response to the Emergency.

  4. How long does a State of Emergency remain in effect?

    Answer:

    The Governor will rescind the State of Emergency when it is no longer needed to provide necessary support to localities or until the threat of impending danger from the event has passed.

  5. Does a declaration of emergency bar the sale or provision of goods and services?

    Answer:

    The Governor's declaration does not address restrictions on the sale or provision of goods or services. However, your locality may enact restrictions under their local emergency declaration. We recommend that you contact your local government for any specific information.

  6. Is it an employer's responsibility to pay employees who cannot get to work during a State of Emergency?

    Answer:

    The Governor's declaration does not mandate administrative policies for individual businesses or address workplace situations in which employees are unable to travel. Businesses must address hours of operation and compensation on an individual basis. Once a federal disaster is declared, employees unable to work may be eligible for unemployment assistance.

  7. Are all State Offices closed during a State of Emergency?

    Answer:

    The Governor's declaration does not automatically close State Offices. Should it be necessary due to conditions experienced during the Emergency to scale back or close State Offices, the Governor will make an announcement to his/her Cabinet and through the media, similar to what is done during a snow storm.


    "Disaster" shall mean any unusual incident resulting from natural or unnatural causes which endangers the health, safety or resources of the residents of one or more municipalities of the State, and which is or may become too large in scope or unusual in type to be handled in its entirety by regular municipal operating services. (N.J.S.A. App.A:9-33.1)