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.