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The 2025-26 Budget: Office of Emergency Services—Request for Reappropriation of Law Enforcement Mutual Aid Fund Resources
The 2025-26 Budget: Office of Emergency Services—Request for Reappropriation of Law Enforcement Mutual Aid Fund Resources
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February 24, 2025
The 2025-26 Budget
Office of Emergency Services Request for Reappropriation of Law Enforcement Mutual Aid Fund Resources
Background
Additional Resources for Disaster Response Provided
Through Mutual Aid System. Mutual aid refers to the
practice of neighboring jurisdictions supporting each other during
disasters. The state s mutual aid system is designed to facilitate this
assistance. Specifically, when disaster incidents are large enough that
they overwhelm a local government s capacity to respond, the local
government can request additional resources such as law enforcement
personnel or equipment from other governmental entities in its mutual
aid region through the state s mutual aid system.
Law Enforcement Mutual Aid (LEMA) Assistance Fund
Reimburses Local Law Enforcement Agencies When They Participate in
State s Mutual Aid System. In 2022-23, the Office of
Emergency Services (OES) received an initial $25 million General Fund
and five positions annually for three years to provide LEMA
reimbursements on a pilot basis. These resources were used to establish
the LEMA Assistance Fund, which provides state funding to local law
enforcement agencies when they use the state s mutual aid system. These
funds, which OES limits to emergency events that meet certain criteria
(such as lasting more than 12 hours), may be used to pay for responding
officer overtime, housing, and other specified costs. If LEMA Assistance
fund-eligible events are later deemed eligible for reimbursement from
other state or federal sources, funds from those sources are used to
reimburse the state. OES reports that its goals for the Fund include
providing support for under-resourced communities and ensuring agencies
do not delay in requesting or providing mutual aid due to financial
considerations, among other things. In particular, OES indicates the
LEMA Assistance Fund s reimbursement process was specifically designed
to ensure that approved invoices are paid comparatively quickly to
minimize the time agencies must wait for reimbursement.
Mutual Aid Costs Previously Paid Upfront and Could Take
Months or Years to Receive. Prior to the creation of the
LEMA Assistance Fund, local law enforcement agencies paid upfront for
the costs they incurred when deploying to other jurisdictions through
the mutual aid system. In cases where reimbursement for these costs was
available from state or federal sources, agencies might have to wait an
extended period of time to receive reimbursement. According to OES,
these upfront costs and delays in reimbursement created a financial
burden especially for agencies in small, rural communities.
Actual Expenditures Far Below
Authorized Levels . According to OES, the LEMA Assistance
Fund roll-out was slow because it took time to circulate information
about the availability of the LEMA Assistance Fund to eligible entities.
OES reports that this resulted in actual reimbursements being well below
authorized levels. For example, actual reimbursements between 2022-23
and 2023-24 were less than $2.5 million per year far less than the
nearly $25 million budgeted annually. OES indicates that reimbursements
have picked up recently as more agencies become familiar with the
program. At an estimated $4.5 million through February 19,
2025 reimbursement rates appear on track to be higher in 2024-25 but
still well below authorized levels. According to OES, LEMA Assistance
Fund support was provided to 81 police departments and 38 county
sheriffs offices involving 3,623 responding officers across 23 approved
incidents between its inception and December 2024.
Governor s Proposal
Reappropriation of 2024-25 Unspent Budget
Authority . The Governor s 2025-26 budget requests that
$22 million General Fund originally appropriated in 2024-25 be
reappropriated. Under the proposal, these funds would be available for
expenditure until June 30, 2029. (Unspent funds from 2022-23 and 2023-24
have already reverted.)
Assessment
Administration Seeks Additional Time in Pilot
Phase. The LEMA Assistance Fund was authorized as a
three-year pilot project in 2022-23. As this is the third and final year
of funding, typically this year would be when the Legislature would
review it, assess performance, and then decide whether or not to provide
ongoing funding. Given the slow start but apparent increase in
reimbursements this year the administration is essentially asking to
extend the pilot phase and give the program more time to mature.
Program Structure Might Not Align With Key Problem It Was
Designed to Solve. The LEMA Assistance Fund program has
minimal statutory guidance on what its goals are, the problems it seeks
to address, and how it should be structured. The Governor s two requests
for the LEMA Reimbursement Fund in 2022-23 and the current request both
state that prior to the establishment of the fund, the reimbursement
process was lengthy. This created a problem for local law enforcement
agencies, particularly those in smaller, rural communities, who found
the long wait for reimbursement burdensome. However, the current program
does not target funds only to agencies that would face fiscal
difficulties from lengthy wait times. This means the Fund could support
agencies that may not need it.
No Current Requirement to Provide Data on
Outcomes. There are no current requirements for OES to
collect and provide data on outcomes the program is achieving. This is
problematic as it will make it difficult for the Legislature to
determine whether to approve this pilot program on an ongoing basis. For
example, if the goal is to reduce the burden of lengthy reimbursement
wait times, information on changes in wait times and how this has
benefited local law enforcement would be necessary to determine whether
these funds were having the intended effects.
Recommendation
If Pilot Maintained, Provide Guidance on Legislative
Priorities for LEMA Assistance Fund If the Legislature
decides to maintain the LEMA Assistance Fund pilot program, we recommend
that the Legislature adopt legislation specifying its goals for the LEMA
Assistance Fund. To inform this decision, the Legislature could direct
OES and local law enforcement to provide their perspectives in spring
budget hearings on the key weaknesses of the LEMA system that are best
addressed through state reimbursement. At these hearings, OES should
provide information demonstrating (1) the existence of any problems
identified and (2) that the LEMA Assistance Fund can address them. For
example, if OES and local law enforcement cite extended reimbursement
wait times as a key problem addressed by the LEMA Assistance Fund, OES
should provide information on wait times before the program, the
negative effects of those wait times, and how the reduction in wait
times helped local law enforcement avoid those problems. This will
ensure the Legislature can make an informed decision about what the
goals for the program should be and help it eventually assess whether
the program should be maintained on an ongoing basis.
Ensure Program Is Structured to Efficiently Achieve
Those Goals After identifying goals for the program, we
recommend the Legislature restructure the program in statute as
necessary to ensure those goals are efficiently achieved. For example,
if the Legislature finds that the central goal of the LEMA Assistance
Fund is to ensure that small, rural, or resource-strapped local law
enforcement agencies can afford to respond to requests for mutual aid
then the Legislature could limit the provision of funds to such
agencies.
And Require Reporting on Outcomes. We
recommend the Legislature also adopt budget bill language requiring OES
to provide information to help it evaluate the LEMA Assistance Fund
pilot program. The information should include actual expenditures,
take-up rates, information about requesting and responding local
agencies (such as the size of each department served and urbanization
level of its jurisdiction), and outcome measures tied to the
Legislature s specific program goals, with any future budget request
seeking funding for the program. This will allow the Legislature to
determine whether to provide additional funding for the program.
If Pilot Not Maintained, Revert All Unspent
Funds. To the extent the Legislature does not want to
maintain the program, we recommend it reject the proposed
reappropriation. This would ensure such funds are available for other
budget priorities, a notable benefit given the multiyear deficits facing
the state.
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