This statute provides the broadest authority for the governor to declare an emergency and take charge of the state’s response. The EMA specifies that it may be used for fires, floods, snowstorms, ice storms, tornadoes, windstorms, oil spills, water contaminations, utility failures, radiological incidents, major transportation accidents, hazardous material spills, epidemics, blight, drought, infestation, explosions or hostile military action.[45]
The EMA contains a long list of potential actions governors may take. They can suspend laws and regulations, issue unilateral orders that have the force of law, make use of local or federal resources, redirect functions of state government, commandeer private property (subject to just compensation), force residents to evacuate or restrict them from occupying certain areas, suspend the sale of alcohol and explosives, and establish temporary emergency housing.
A governor’s actions are not strictly limited to this list, however. The statute prefaces its listing with this clause: “In addition to the general authority granted to the governor by this act.”[46] It is not clear from a plain reading of the statute what this general authority refers to, but it could be construed to permit a substantial grant of power to governors. A section of the EMA covering the responsibility of governors in emergencies appears to give them broad control over any emergency. It states, “The governor is responsible for coping with dangers to this state or the people of this state presented by a disaster or emergency.”[47]
Although the EMA has a broad scope of authority, it includes a tight durational limit. Emergency declarations and the powers they authorize automatically expire after 28 days. The statute also provides a process for extending declarations: Governors must receive approval from the Legislature to extend their emergency powers. Only if a majority of lawmakers approve may the EMA’s emergency powers last longer than 28 days. A legislatively approved extension must also explicitly state how long it will last, and it must automatically expire at the end of that time.[48] Hypothetically, these powers could be extended indefinitely, but this would require repeated support from both chambers of the Legislature and the governor.
The EMA is most often in response to local natural disasters, such as blizzards, floods and tornados. It was used more than 80 times between 1977 and 2019, according to a 2019 report by the Michigan State Police.[49] Gov. Whitmer used it in her initial response to the COVID-19 pandemic, in conjunction with the EPGA. But the Michigan Supreme Court unanimously ruled, as part of its decision against the governor in October 2020, that her use of the EMA in the pandemic was illegal. The governor attempted to extend her unilateral authority under the EMA without legislative approval.[50]
Another function of the EMA is to authorize the use of state and federal funds to help with local disaster relief. When a governor declares an emergency under the EMA for a particular city or county, the state may use its resources to help with the relief effort. These resources can include state-provided financial aid as well as management and coordination of resources.[51] An emergency declaration also enables the state or local unit of government to accept federal relief funds.[52] Finally, the EMA provides immunity for people providing disaster relief and for medical professionals providing services in the area affected by the emergency declaration.[53]