Bill Text: NY A01741 | 2017-2018 | General Assembly | Amended
Bill Title: Enacts the "natural disaster preparedness and mitigation act" providing for enhanced disaster preparedness and recovery from disasters.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2018-01-03 - referred to governmental operations [A01741 Detail]
Download: New_York-2017-A01741-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1741--A 2017-2018 Regular Sessions IN ASSEMBLY January 12, 2017 ___________ Introduced by M. of A. SKOUFIS, STIRPE, MOSLEY, TITONE, MAYER, JAFFEE, CAHILL, COOK, COLTON, JEAN-PIERRE -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the executive law, the public service law and the public health law, in relation to enacting the "natural disaster preparedness and mitigation act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "natural disaster preparedness and mitigation act". 3 § 2. Legislative intent. The legislature hereby finds that due to 4 changes in climate and weather patterns, large areas of the state have 5 been severely impacted by repeated hurricanes, tropical storms and other 6 weather related natural disasters during the past few years. The condi- 7 tions created by these hurricanes, tropical storms and other weather 8 related natural disasters have imposed severe economic, social and 9 infrastructure damages to those areas and populaces affected. 10 Therefore, the legislature declares that the state, its political 11 subdivisions, public utilities and health care facilities must improve 12 their preparations for, responses to and recovery from future disasters. 13 This act requires enhanced planning, preparation and mitigation efforts 14 for possible future natural disasters. Natural disaster planning, on 15 both the state and local levels, by state and local governments, utili- 16 ties and health care facilities should be comprehensive and include 17 emergency service organizations which are involved in mitigation of 18 damage and recovery from disasters at all levels. Furthermore, the 19 responses to disasters must be quick, well coordinated and comprehensive 20 so as to minimize the loss of life, human suffering, property loss and 21 reduction in business activity. Finally, both public and private infras- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01048-03-7A. 1741--A 2 1 tructures should be designed and constructed to minimize the damage 2 thereto caused by any disaster and so as to facilitate the repair and 3 restoration thereof after a disaster. 4 § 3. Section 20 of the executive law, as amended by section 1 of part 5 B of chapter 56 of the laws of 2010, paragraphs i, j and k of subdivi- 6 sion 2 as added by section 1 of part G of chapter 55 of the laws of 7 2012, is amended to read as follows: 8 § 20. Natural and man-made disasters; policy; definitions. 1. It shall 9 be the policy of the state that: 10 a. local government and emergency service organizations continue their 11 essential role as the first line of defense in times of disaster, and 12 that the state provide [appropriate] timely and comprehensive supportive 13 services to the extent necessary; 14 b. local chief executives take an active and personal role in the 15 development and implementation of state and local disaster preparedness 16 programs and be vested with authority and responsibility, with assist- 17 ance from the state, in order to [insure] ensure the success of such 18 programs; 19 c. state and local natural disaster and emergency response functions 20 be coordinated using recognized practices in incident management and 21 risk management practices in order to bring the fullest protection and 22 benefit to the people; 23 d. state resources shall be organized and prepared for immediate 24 effective response to disasters which [are] may be beyond the capability 25 of local governments and emergency service organizations; [and] 26 e. state and local plans, organizational arrangements[,] and response 27 capability required to execute the provisions of this article shall at 28 all times be the most effective that current and reasonably anticipated 29 circumstances and existing resources allow[.]; and 30 f. state and local government and emergency service organizations 31 shall consider and incorporate into every state and local disaster 32 preparedness plan, the emergency management plans submitted by private 33 agencies. 34 2. As used in this article the following terms shall have the follow- 35 ing meanings: 36 a. "disaster" means occurrence or imminent threat of wide spread or 37 severe damage, injury, or loss of life or property resulting from any 38 natural or man-made causes, including, but not limited to, fire, flood, 39 earthquake, hurricane, tornado, high water, landslide, mudslide, wind, 40 storm, wind storm, wave action, volcanic activity, epidemic, air contam- 41 ination, terrorism, cyber event, blight, drought, infestation, explo- 42 sion, radiological accident, nuclear, chemical, biological[,] or bacter- 43 iological release, water contamination, dam failure, ice storm, bridge 44 failure or bridge collapse. 45 b. "state disaster emergency" means a period beginning with a declara- 46 tion by the governor that a disaster exists and ending upon the termi- 47 nation thereof. 48 c. "municipality" means a public corporation as defined in subdivision 49 one of section sixty-six of the general construction law and a special 50 district as defined in subdivision sixteen of section one hundred two of 51 the real property tax law. 52 d. "commission" means the disaster preparedness commission created 53 pursuant to section twenty-one of this article. 54 e. "emergency services organization" means a public or private agency, 55 voluntary organization or group organized and functioning for the 56 purpose of providing fire, medical, ambulance, rescue, housing, food orA. 1741--A 3 1 other services directed toward relieving human suffering, injury or loss 2 of life or damage to property as a result of an emergency, including 3 non-profit and governmentally-supported organizations, but excluding 4 governmental agencies. 5 f. "chief executive" means: 6 (1) a county executive or manager of a county; 7 (2) in a county not having a county executive or manager, the chairman 8 or other presiding officer of the county legislative body; 9 (3) a mayor of a city or village, except where a city or village has a 10 manager, it shall mean such manager; and 11 (4) a supervisor of a town, except where a town has a manager, it 12 shall mean such manager. 13 g. ["Disaster] "disaster emergency response personnel" means agencies, 14 public officers, employees, or affiliated volunteers having duties and 15 responsibilities under or pursuant to a comprehensive emergency manage- 16 ment plan. 17 h. ["Emergency] "emergency management director" means the government 18 official responsible for emergency preparedness, response and recovery 19 for a county, city, town, or village. 20 i. "incident management team" means a state certified team of trained 21 personnel from different departments, organizations, agencies, and 22 jurisdictions within the state, or a region of the state, activated to 23 support and manage major and/or complex incidents requiring a signif- 24 icant number of local, regional, and state resources. 25 j. "executive level officer" means a state agency officer with the 26 authority to deploy agency assets and resources and make decisions bind- 27 ing a state agency. 28 k. "third party non-state resources" means any contracted resource 29 that is not owned or controlled by the state or a political subdivision 30 including, but not limited to, ambulances, construction crews, or 31 contractors. 32 l. "health care facility" means a hospital or residential health care 33 facility, as defined in section twenty-eight hundred one of the public 34 health law. 35 m. "private agency" means a health care facility or a public utility. 36 n. "public utility" means a utility company, as defined in section two 37 of the public service law, a cable television company, as defined in 38 section two hundred twelve of the public service law, or a wireless 39 communications service provider, as defined in section three hundred one 40 of the county law. 41 § 4. Section 21 of the executive law, as amended by section 2 of part 42 B of chapter 56 of the laws of 2010, subdivision 1 as amended by chapter 43 176 of the laws of 2013, paragraph f of subdivision 3 as amended by 44 section 3 and subdivision 5 as amended by section 4 of part G of chapter 45 55 of the laws of 2012, is amended to read as follows: 46 § 21. Disaster preparedness commission established; meetings; powers 47 and duties. 1. There is hereby created in the executive department a 48 disaster preparedness commission consisting of the commissioners of 49 transportation, health, division of criminal justice services, educa- 50 tion, economic development, agriculture and markets, housing and commu- 51 nity renewal, general services, labor, environmental conservation, 52 mental health, parks, recreation and historic preservation, corrections 53 and community supervision, children and family services, homeland secu- 54 rity and emergency services, and people with developmental disabilities, 55 the president of the New York state energy research and development 56 authority, the superintendents of state police and financial services,A. 1741--A 4 1 the secretary of state, the state fire administrator, the chair of the 2 public service commission, the adjutant general, the office of informa- 3 tion technology services, and the office of victim services, the chairs 4 of the thruway authority, the office for the aging, the metropolitan 5 transportation authority, the port authority of New York and New Jersey, 6 the chief professional officer of the state coordinating chapter of the 7 American Red Cross and [three] six additional members, to be appointed 8 by the governor, two of whom shall be chief executives, one of whom 9 shall be a representative of a public utility, one of whom shall be a 10 representative of a health care facility and one of whom shall be a risk 11 manager. Each member agency may designate an executive level officer of 12 that agency, with responsibility for disaster preparedness matters, who 13 may represent that agency on the commission. The commissioner of the 14 division of homeland security and emergency services shall serve as 15 chair of the commission, and the governor shall designate the vice chair 16 of the commission. The members of the commission, except those who serve 17 ex officio, shall be allowed their actual and necessary expenses 18 incurred in the performance of their duties under this article but shall 19 receive no additional compensation for services rendered pursuant to 20 this article. 21 2. The commission, on call of the chairperson, shall meet at least 22 twice each year and at such other times as may be necessary. The agenda 23 and meeting place of all regular meetings shall be made available to the 24 public in advance of such meetings and all such meetings shall be open 25 to the public. The commission shall establish quorum requirements and 26 other rules and procedures regarding conduct of its meetings and other 27 affairs. 28 3. The commission shall have the following powers and responsibil- 29 ities: 30 a. study all aspects of man-made or natural disaster prevention, 31 response and recovery; 32 b. request and obtain from any state or local officer or agency, 33 private agency or risk manager any information or advice necessary to 34 the commission for the exercise of its responsibilities; 35 c. prepare and, as appropriate, revise a state comprehensive emergency 36 management plan. The commission shall report all revisions to such plan 37 by March thirty-first of each year to the governor, the legislature and 38 the chief judge of the state, unless a current version of the plan is 39 available to the public on the website of the division of homeland secu- 40 rity and emergency services. In preparing such plans, the commission 41 shall consult with federal and local officials, emergency service organ- 42 izations including both volunteer and commercial emergency response 43 organizations, private agencies, risk managers and the public as it 44 deems appropriate. To the extent such plans impact upon administration 45 of the civil and criminal justice systems of the state, including their 46 operational and fiscal needs in times of disaster emergency, the commis- 47 sion, its staff and any working group, task force, agency or other 48 instrumentality to which it may delegate responsibility to assist it in 49 its duties shall consult with the chief administrator of the courts and 50 coordinate their preparation with him or her or with his or her repre- 51 sentatives; 52 d. prepare, keep current and distribute to chief executives, private 53 agencies, business organizations, and others an inventory of programs 54 directly relevant to prevention, minimization of damage, readiness, 55 operations during disasters, and recovery following disasters;A. 1741--A 5 1 e. direct state disaster operations and coordinate state disaster 2 operations with local and private agency disaster operations following 3 the declaration of a state disaster emergency; 4 f. (1) unless it deems it unnecessary, create, following the declara- 5 tion of a state disaster emergency, a temporary organization in the 6 disaster area to provide for integration and coordination of efforts 7 among the various federal, state, municipal and private agencies 8 involved. The commission, upon a request from a municipality and with 9 the approval of the governor, shall direct the temporary organization to 10 assume direction of the local disaster operations of such municipality, 11 and cooperate with private agency disaster operations for a specified 12 period of time not to exceed thirty days, and in such cases such tempo- 13 rary organization shall assume direction of such local disaster oper- 14 ations, and cooperate with private agency disaster operations subject to 15 the supervision of the commission. Upon the expiration of the thirty day 16 period the commission, at the request of the municipality, may extend 17 the temporary organization's direction of such local disaster 18 operations, and cooperate with private agency disaster operations for 19 additional periods not to exceed thirty days. The commission, upon a 20 finding that a municipality is unable to manage local disaster oper- 21 ations, may, with the approval of the governor, direct the temporary 22 organization to assume direction of the local and private agency disas- 23 ter operations of such municipality, for a specified period of time not 24 to exceed thirty days, and in such cases such temporary organization 25 shall assume direction of such local and private agency disaster oper- 26 ations, subject to the supervision of the commission. Upon expiration of 27 the thirty day period the commission, after consultation with the muni- 28 cipality, and with the approval of the governor, may extend the tempo- 29 rary organization's direction of such local and private agency disaster 30 operations for additional periods not to exceed thirty days. In such 31 event, such temporary organization may utilize such municipality's local 32 resources, provided, however, that the state shall not be liable for any 33 expenses incurred in using such municipality's resources. The state 34 shall not be liable for the expenses incurred in using third party, 35 non-state resources deployed to the affected area by the temporary 36 organization, which are necessary to protect life and safety; 37 (2) The state incident management team shall have the authority to act 38 as the operational arm of the temporary organization. When called to 39 duty and deployed by the state, members of any state or local incident 40 management team shall be deemed temporary employees of the state and 41 shall have the same privileges and immunities afforded to regular state 42 employees, subject to the rules and regulations promulgated by the pres- 43 ident of the state civil service commission pursuant to section one 44 hundred sixty-three of the civil service law; 45 g. assist in the coordination of federal recovery efforts and coordi- 46 nate recovery assistance by state and private agencies; 47 h. provide for periodic briefings, drills, exercises or other means to 48 assure that all state, municipal and private agency personnel with 49 direct, supervisory or implementation responsibilities in the event of a 50 disaster are fully familiar with response and recovery plans and the 51 manner in which they shall carry out their responsibilities, and coordi- 52 nate with federal, local, private agency or other state personnel. Such 53 activities may take place on a regional or county basis, and local, 54 private agency and federal participation shall be invited and encour- 55 aged;A. 1741--A 6 1 i. submit to the governor, the legislature and the chief judge of the 2 state by March thirty-first of each year an annual report which shall 3 include but need not be limited to: 4 (1) a summary of commission, municipal, private agency and state agen- 5 cy activities for the year and plans for the ensuing year with respect 6 to the duties and responsibilities of the commission; 7 (2) recommendations on ways to improve state, private agency and local 8 capability to prevent, prepare for, respond to and recover from disas- 9 ters; 10 (3) the status of the state, private agency and local plans for disas- 11 ter preparedness and response, including the name of any locality or 12 private agency which has failed or refused to develop and implement its 13 own disaster preparedness plan and program; and the extent to which all 14 forms of local and private agency emergency response assets have been 15 included, and accounted for in planning and preparation for disaster 16 preparedness and response; [and] 17 j. develop public service announcements to be distributed to tele- 18 vision and radio stations and other media throughout the state informing 19 the public how to prepare and respond to disasters. Such public service 20 announcements shall be distributed in English and such other languages 21 as such commission deems appropriate[.]; and 22 k. The commission shall within one hundred eighty days after the 23 occurrence of a natural disaster, evaluate the effectiveness of the 24 state and local emergency management plans, and those plans established 25 by private agencies that were activated in response to such natural 26 disaster. In evaluating all of such plans, the report of the commission 27 may consider: 28 (1) the overall effectiveness of the state emergency management plan 29 and how it interfaced with each local emergency management plan and the 30 plans established by private agencies, as such plans related to: miti- 31 gation of the loss of human life and damage to property, rescue and 32 response times by emergency responders, ability for each plan to coordi- 33 nate its efforts with all other emergency management plans, and capacity 34 for each administrator of the state, local and private agency plans to 35 effectively communicate with each other, personnel under the direction 36 of other jurisdictions, the general public and those located outside of 37 the disaster area; 38 (2) the effectiveness of each individual plan to satisfy the artic- 39 ulated goals of such plan as it relates to the anticipated time in which 40 such plan was activated, whether such plan should have been activated at 41 an earlier or later time, overall emergency response times by component 42 parts of such plan, to mitigate or curtail the loss of targeted munici- 43 pal or private agency services, to reinstate such municipal or private 44 agency services after the occurrence of such disaster, the effectiveness 45 of personnel covered under such plan, including, but not limited to 46 adequate training and performance of assigned tasks by such personnel; 47 and 48 (3) the overall strengths and weaknesses of each emergency management 49 plan, its shortcomings and items that could be improved upon to better 50 satisfy the articulated goals of such plan and improve the effectiveness 51 and cooperative efforts with and by other activated emergency management 52 plans to be better prepared for future disasters. 53 After the completion of such evaluation, the commission shall report 54 its findings and recommendations derived from the evaluation to the 55 governor, the legislature, appropriate emergency management agency andA. 1741--A 7 1 the states which cooperate with the state of New York for the purposes 2 of this article. 3 4. All powers of the state civil defense commission are assigned to 4 the commission. 5 5. The [state] office of emergency management within the division of 6 homeland security and emergency services shall serve as the operational 7 arm of the commission and shall be responsible for implementing 8 provisions of this article and the rules and policies adopted by the 9 commission. The director of the [state] office of emergency management 10 within the division of homeland security and emergency services shall 11 exercise the authority given to the disaster preparedness commission in 12 section twenty-nine of this article, to coordinate and direct state 13 agencies and assets in response to a state or local disaster emergency, 14 through their respective agency heads, on behalf of the governor and the 15 chair of the disaster preparedness commission, when the governor, the 16 lieutenant governor, and the chair of the disaster preparedness commis- 17 sion are incapacitated or without an available means of reliable commu- 18 nication with the [state] office of emergency management. If the direc- 19 tor of the [state] office of emergency management is unable to exercise 20 this authority, then the executive deputy commissioner of the division 21 of homeland security and emergency services shall act in [this] such 22 capacity. In the event that the executive deputy commissioner is unable 23 to exercise [this] such authority, then such authority shall be exer- 24 cised by the official willing and able to do so in the following order: 25 the superintendent of [the division of] state police; the state fire 26 administrator; or the director of the office of counterterrorism within 27 the division of homeland security and emergency services. Nothing in 28 this subdivision shall be construed to limit the authority of the gover- 29 nor, lieutenant governor, or the chair of the disaster preparedness 30 commission to oversee the director of the [state] office of emergency 31 management within the division of homeland security and emergency 32 services or any official exercising authority given to the disaster 33 preparedness commission in section twenty-nine of this article. 34 § 5. Section 22 of the executive law, as added by chapter 640 of the 35 laws of 1978, subdivision 3 as amended by section 3 of part B of chapter 36 56 of the laws of 2010, is amended to read as follows: 37 § 22. State disaster preparedness plans. 1. The commission shall 38 prepare a state disaster preparedness plan and submit such plan to the 39 governor for approval no later than one year following the effective 40 date of this [act] article. The governor shall act upon such plan by 41 July first of that year. The commission shall review such plans annual- 42 ly. 43 2. The purpose of such plans shall be to minimize the effects of 44 disasters by: (i) identifying appropriate measures to prevent disasters, 45 (ii) developing mechanisms to coordinate the use of resources and 46 manpower for service during and after disaster emergencies and the 47 delivery of services to aid citizens and reduce human suffering result- 48 ing from a disaster, and (iii) provide for recovery and redevelopment 49 after disaster emergencies. 50 3. Such plans shall be prepared with such assistance from [other] such 51 municipal and private agencies and risk managers as the commission deems 52 necessary, and shall include, but not be limited to: 53 a. Disaster prevention and mitigation. Plans to prevent and minimize 54 the effects of disasters shall include, but not be limited to: 55 (1) comprehensive identification of hazards [and], assessment of 56 [risk] risks and prevention or mitigation of such risks;A. 1741--A 8 1 (2) recommended disaster prevention and mitigation projects, policies, 2 priorities, personnel training and programs, with suggested implementa- 3 tion schedules, which outline federal, state, private agency and local 4 roles; 5 (3) suggested revisions and additions to building and safety codes, 6 and zoning, coastal area, inland waterway area and other land use 7 programs to protect and mitigate future risks posed to the state's 8 transportation, utility and telecommunications infrastructure; 9 (4) suggested ways in which state agencies can provide technical 10 assistance to municipalities and private agencies in the development of 11 local disaster prevention and mitigation plans and programs; 12 (5) such other measures as reasonably can be taken to protect lives, 13 prevent disasters, and reduce the impact of disasters. 14 b. Disaster response. Plans to coordinate the use of resources and 15 manpower for service during and after disaster emergencies, enhance or 16 preserve communications capabilities between affected organizations and 17 the general public, and to deliver services to aid citizens and reduce 18 human suffering resulting from a disaster emergency shall include, but 19 not be limited to: 20 (1) coordination of resources, manpower and services, using recognized 21 practices in incident management and utilizing existing organizations 22 and lines of authority and centralized direction of requests for assist- 23 ance; 24 (2) the location, procurement, construction, processing, transporta- 25 tion, storing, maintenance, renovation, distribution, disposal or use of 26 materials, including those donated, and facilities and services; 27 (3) a system for warning and communicating with populations who are or 28 may be endangered; 29 (4) arrangements for activating state, municipal, private agency and 30 volunteer forces, through normal chains of command so far as possible 31 and for continued communication and reporting; 32 (5) a specific plan for rapid and efficient communication, and for the 33 integration of state communication facilities during a state disaster 34 emergency, including the assignment of responsibilities and the estab- 35 lishment of communication priorities, and liaison with municipal, 36 private and federal communication facilities; 37 (6) a plan for coordinated evacuation procedures, including the estab- 38 lishment of temporary housing or emergency shelters, and other necessary 39 facilities for displaced individuals and families. Such temporary hous- 40 ing and emergency shelters shall provide adequate protection from the 41 elements, food, heating, cooling and ventilation, and necessary medical 42 care; 43 (7) criteria for establishing priorities with respect to the restora- 44 tion of vital services and debris removal; 45 (8) plans for the continued effective operation of the civil and crim- 46 inal justice systems; 47 (9) provisions for training state, private agency and local government 48 personnel and volunteers in disaster response operations; 49 (10) providing information to the public; 50 (11) care for the injured and needy and identification and disposition 51 of the dead; 52 (12) utilization and coordination of programs to assist victims of 53 disasters, with particular attention to the needs of the poor, the 54 displaced, families with children, the elderly, individuals with disa- 55 bilities and other groups which may be especially affected; 56 (13) control of ingress and egress to and from a disaster area;A. 1741--A 9 1 (14) arrangements to administer federal disaster assistance; 2 (15) a system for obtaining and coordinating situational awareness 3 including the centralized assessment of disaster effects and resultant 4 needs; and 5 (16) utilization and coordination of programs to assist individuals 6 with household pets and service animals following a disaster, with 7 particular attention to means of evacuation, shelter, feeding and trans- 8 portation options. 9 c. Recovery. Plans to provide for recovery and redevelopment after 10 disaster emergencies shall include, but not be limited to: 11 (1) measures to coordinate state and private agency assistance in 12 recovery efforts; 13 (2) arrangements to administer federal recovery assistance; and 14 (3) such other measures as reasonably can be taken to assist in the 15 development and implementation of local and private agency disaster 16 recovery plans. 17 § 6. Section 23 of the executive law, as amended by section 4 of part 18 B of chapter 56 of the laws of 2010, is amended to read as follows: 19 § 23. Local comprehensive emergency management plans. 1. Each county, 20 except those contained within the city of New York, and each city, town 21 and village is authorized to prepare comprehensive emergency management 22 plans. The disaster preparedness commission and private agencies shall 23 provide assistance and advice for the development of such plans. City, 24 town and village plans shall be coordinated with the county plan. 25 2. The purpose of such plans shall be to minimize the effect of disas- 26 ters by (i) identifying appropriate local and private agency measures to 27 prevent disasters, (ii) developing mechanisms to coordinate the use of 28 local and private agency resources and manpower for service during and 29 after disasters and the delivery of services to aid citizens and reduce 30 human suffering resulting from a disaster, and (iii) providing for 31 recovery and redevelopment after disasters. 32 3. Plans for coordination of resources, manpower and services shall 33 provide for a centralized coordination and direction of requests for 34 assistance. 35 4. Plans for coordination of assistance shall provide for utilization 36 of existing organizations and lines of authority. 37 5. In preparing such plans, cooperation, advice and assistance shall 38 be sought from local government officials, regional and local planning 39 agencies, police agencies, fire departments and fire companies, local 40 emergency management agencies, commercial and volunteer ambulance 41 services, health and social services officials, private agencies, commu- 42 nity action agencies, the chief administrator of the courts, organiza- 43 tions for the elderly and the handicapped, risk and incident managers, 44 other interested groups and the general public. Such advice and assist- 45 ance may be obtained through public hearings held on public notice, or 46 through other appropriate methods. 47 6. All plans for comprehensive emergency management developed by local 48 governments or any revisions thereto shall be submitted to the commis- 49 sion by December thirty-first of each year to facilitate state coordi- 50 nation of disaster operations. 51 7. Such plans shall include, but not be limited to: 52 a. Disaster prevention and mitigation. Plans to prevent and minimize 53 the effects of disasters shall include, but not be limited to: 54 (1) comprehensive identification of hazards [and], assessment of 55 [risk] risks and prevention or mitigation of such risks;A. 1741--A 10 1 (2) recommended disaster prevention and mitigation projects, policies, 2 personnel training, priorities and programs, with suggested implementa- 3 tion schedules, which outline federal, state, private agency and local 4 roles; 5 (3) suggested revisions and additions to building and safety codes and 6 zoning, coastal area, inland waterway area and other land use programs, 7 to protect and mitigate future risks posed to local transportation, 8 utility and telecommunications infrastructure, and the necessary train- 9 ing of personnel to enforce such provisions; 10 (4) such other measures as reasonably can be taken to protect lives, 11 prevent disasters, and reduce their impact. 12 b. Disaster response. Plans to coordinate the use of resources and 13 manpower for service during and after disasters, enhance or preserve 14 communications capabilities between affected organizations and the 15 general public, and to deliver services to aid citizens and reduce human 16 suffering resulting from a disaster shall include, but not be limited 17 to: 18 (1) coordination of resources, manpower and services, using recognized 19 practices in incident management, utilizing existing organizations and 20 lines of authority and centralized direction of requests for assistance; 21 (2) the location, procurement, construction, processing, transporta- 22 tion, storing, maintenance, renovation, distribution, disposal or use of 23 materials, including those donated, and facilities and services which 24 may be required in time of disaster; 25 (3) a system for warning and communicating with populations who are or 26 may be endangered; 27 (4) arrangements for activating municipal, private agency and volun- 28 teer forces, through normal chains of command so far as possible, and 29 for continued communication and reporting; 30 (5) a specific plan for rapid and efficient communication and for the 31 integration of local communication facilities during a disaster includ- 32 ing the assignment of responsibilities and the establishment of communi- 33 cation priorities and liaison with municipal, private, state and federal 34 communication facilities; 35 (6) a plan for coordination evacuation procedures including the estab- 36 lishment of temporary housing or emergency shelters, and other necessary 37 facilities for displaced individuals and families. Such temporary hous- 38 ing and emergency shelters shall provide adequate protection from the 39 elements, food, heating, cooling and ventilation, and necessary medical 40 care; 41 (7) criteria for establishing priorities with respect to the restora- 42 tion of vital services and debris removal; 43 (8) plans for the continued effective operation of the civil and crim- 44 inal justice systems; 45 (9) provisions for training local government and private agency 46 personnel and volunteers in disaster response operations; 47 (10) providing information to the public; 48 (11) care for the injured and needy and identification and disposition 49 of the dead; 50 (12) utilization and coordination of programs to assist victims of 51 disasters, with particular attention to the needs of the poor, the 52 displaced, families with children, the elderly, individuals with disa- 53 bilities and other groups which may be especially affected; 54 (13) control of ingress and egress to and from a disaster area; 55 (14) arrangements to administer state and federal disaster assistance;A. 1741--A 11 1 (15) procedures under which the county, city, town, village or other 2 political subdivision, private agency and emergency organization person- 3 nel and resources will be used in the event of a disaster; 4 (16) a system for obtaining and coordinating disaster information 5 including the centralized assessment of local disaster effects and 6 resultant needs; 7 (17) continued operation of governments of political subdivisions; and 8 (18) utilization and coordination of programs to assist individuals 9 with household pets and service animals following a disaster, with 10 particular attention to means of evacuation, shelter and transportation 11 options. 12 c. Recovery. Local plans to provide for recovery and redevelopment 13 after disasters shall include, but not be limited to: 14 (1) recommendations for replacement, reconstruction, removal or relo- 15 cation of damaged or destroyed public or private facilities including, 16 but not limited to, roads, railways, airports, telecommunications, 17 public utilities and health care facilities, proposed new or amendments 18 to zoning, subdivision, building, coastal area, inland waterway area, 19 sanitary or fire prevention regulations and recommendations for economic 20 development and community development in order to minimize the impact of 21 any potential future disasters on the community. 22 (2) provision for cooperation with state and federal agencies in 23 recovery efforts. 24 (3) provisions for training and educating local disaster officials or 25 organizations and private agencies in the preparation of applications 26 for federal and state disaster recovery assistance. 27 § 7. Subdivisions 2 and 5 of section 23-a of the executive law, as 28 added by chapter 658 of the laws of 1996, are amended to read as 29 follows: 30 2. Upon the establishment of a voluntary registry of disabled persons 31 as provided in subdivision one of this section, the chief executive 32 shall make such registry available to the appropriate county, private, 33 state and federal agencies for their use in delivering services in the 34 event of a local or state disaster. The chief executive shall, upon the 35 request of the [state] office of emergency management [office], provide 36 such registry information to such office. The chief executive may, at 37 his or her discretion, use the registry information for local disaster 38 preparedness only in coordination with other political subdivisions of 39 the state. 40 5. All community-based services providers, including home health care 41 providers and private agencies, shall assist the chief executive by 42 collecting registration information for people with special needs as 43 part of program intake processes, establishing programs to increase the 44 awareness of the registration process, and educating clients about the 45 procedures that may be necessary for their safety during disasters. 46 § 8. Section 23-b of the executive law, as added by chapter 589 of the 47 laws of 2008, subdivision 4 as added by chapter 115 of the laws of 2010, 48 is amended to read as follows: 49 § 23-b. [Nursing home and assisted living] Health care facility plans. 50 1. After consultation with the commissioner of health, the director of 51 the office for the aging, and the [director] commissioner of the [state52office] division of homeland security and emergency services, and 53 consistent with the disaster preparedness plan established pursuant to 54 section twenty-eight hundred six-c of the public health law, the commis- 55 sion shall establish standards for [nursing homes, adult homes, enrichedA. 1741--A 12 1housing programs and assisted living residences] health care facilities 2 regarding disaster preparedness. 3 2. Each such facility shall be assisted in the establishment of a 4 disaster preparedness plan. The plan shall include, but not be limited 5 to, the following: 6 (a) Maintaining a supply of food, water and to the extent deemed 7 necessary and feasible in the reasonable judgment of the operator of the 8 facility, the provision of medical care and medication in reserve in the 9 event that obtaining such items should become difficult or impossible. 10 (b) [In the reasonable judgment of the facility, having] Having access 11 to a generator or generators or alternative sources sufficient to supply 12 electrical power and telecommunications capabilities to the facility. 13 (c) Establishing an evacuation plan for residents and/or patients 14 including an alternative site suitable for temporary use. 15 (d) Establishing [staffing] plans which provide for necessary staffing 16 during a disaster. 17 3. Such plans shall be [made available to] filed with the county emer- 18 gency management office and the commission. 19 4. Nothing in this section shall be deemed to modify or override any 20 requirements in regulations duly promulgated by a state agency, or to 21 limit any lawful authority of a state agency to promulgate regulations, 22 with respect to disaster preparedness of such facilities, the contents 23 of their disaster preparedness plans or the process for approval of 24 those plans. 25 § 9. Section 23-c of the executive law, as added by chapter 415 of the 26 laws of 2009, is amended to read as follows: 27 § 23-c. Consistency among local disaster preparedness plans. 1. The 28 local disaster preparedness plans for each county, city, town, [or] 29 village or private agency shall be so developed that no part of the 30 local disaster preparedness plan of any county or any city, town, [or] 31 village or private agency within such county conflicts with any part of 32 the local disaster preparedness plan of any of the other said entities 33 within such county or such county itself. In the event of any such 34 conflict, such conflict shall be resolved by such county. The provisions 35 of this subdivision shall not apply to a city wholly containing more 36 than one county or to any county wholly contained within any such city. 37 2. In the event that any part of the local disaster preparedness plan 38 of any county or any city, town, [or] village or private agency within 39 such county conflicts with any part of the local disaster preparedness 40 plan of any other county or any city, town, [or] village or private 41 agency within any such other county, such conflict shall be resolved by 42 the [state] office of emergency management [office], as defined in para- 43 graph (e) of subdivision one of section twenty-nine-e of this article. 44 The provisions of this subdivision shall not apply to any county wholly 45 contained within a city wholly containing more than one county. Any city 46 wholly containing more than one county shall be subject to the 47 provisions of this subdivision as if it were a county. 48 3. [Said state] The office of emergency management [office] is hereby 49 authorized and directed to promulgate any rules or regulations or take 50 any other measures necessary to effectuate the provisions of this 51 section. 52 § 10. Subdivisions 3 and 4 of section 25 of the executive law, as 53 added by chapter 640 of the laws of 1978, are amended to read as 54 follows: 55 3. A chief executive may also request and accept assistance from any 56 other political subdivision or private agency and may receive therefromA. 1741--A 13 1 and utilize any real or personal property or the service of any person- 2 nel thereof on such terms and conditions as may be mutually agreed to by 3 the chief executives of the requesting and assisting political subdivi- 4 sions and the head of the private agency. 5 4. Upon the receipt of a request for assistance made pursuant to 6 subdivision two or three of this section, the chief executive of any 7 political subdivision or private agency may give, lend or lease, on such 8 terms and conditions as he or she may deem necessary to promote the 9 public welfare and protect the interests of such political subdivision 10 or private agency, any services, equipment, facilities, supplies or 11 other resources of his or her political subdivision or private agency. 12 Any lease or loan of real or personal property pursuant to this subdivi- 13 sion, or any transfer of personnel pursuant hereto, shall be only for 14 the purpose of assisting a political subdivision in emergency relief, 15 reconstruction, or rehabilitation made necessary by the disaster. 16 § 11. Subdivisions 2 and 3 of section 28-a of the executive law, as 17 amended by chapter 641 of the laws of 1978, are amended to read as 18 follows: 19 2. The commission and private agencies shall provide technical assist- 20 ance in the development of such plans upon the request of such county, 21 city, town or village. 22 3. A local recovery and redevelopment plan shall include, but need not 23 be limited to: plans for replacement, reconstruction, removal or relo- 24 cation of damaged or destroyed facilities and public utilities; proposed 25 new or amended regulations such as zoning, subdivision, building, coas- 26 tal area, inland waterway area or sanitary ordinances and codes; the 27 plans of private agencies related to disaster recovery and redevelop- 28 ment; and plans for economic recovery and community development. Such 29 plans shall take into account and to the extent practicable incorporate 30 relevant existing plans and policies and such plans shall take into 31 account the need to minimize the potential impact of any future disas- 32 ters on the community. 33 § 12. Section 29 of the executive law, as added by chapter 640 of the 34 laws of 1978, is amended to read as follows: 35 § 29. Direction of state agency assistance in a disaster emergency. 36 Upon the declaration of a state disaster emergency the governor may 37 direct any and all agencies of the state government and request cooper- 38 ation from private agencies to provide assistance under the coordination 39 of the disaster preparedness commission. Such state assistance may 40 include: (1) utilizing, lending, or giving to political subdivisions, 41 with or without compensation therefor, equipment, supplies, facilities, 42 services of state or private agency personnel, and other resources, 43 other than the extension of credit; (2) distributing medicine, medical 44 supplies, food and other consumable supplies through any public or 45 private agency authorized to distribute the same; (3) performing on 46 public or private lands temporary emergency work essential for the 47 protection of public health and safety, clearing debris and wreckage, 48 making emergency repairs to and temporary replacements of public facili- 49 ties of political subdivisions or public utilities damaged or destroyed 50 as a result of such disaster; and (4) making such other use of their 51 facilities, equipment, supplies and personnel as may be necessary to 52 assist in coping with the disaster or any emergency resulting therefrom. 53 § 13. Section 29-a of the executive law, as added by chapter 640 of 54 the laws of 1978, subdivision 1 as amended by section 7 of part G of 55 chapter 55 of the laws of 2012, is amended to read as follows:A. 1741--A 14 1 § 29-a. Suspension of other laws. 1. Subject to the state constitu- 2 tion, the federal constitution and federal statutes and regulations, the 3 governor may by executive order temporarily suspend specific provisions 4 of any statute, local law, ordinance, [or] orders, rules or regulations, 5 or parts thereof, of any agency during a state disaster emergency, if 6 compliance with such provisions would prevent, hinder, or delay action 7 necessary to cope with or recover from the disaster. 8 2. Suspensions pursuant to subdivision one of this section shall be 9 subject to the following standards and limits: 10 a. no suspension shall be made for a period in excess of [thirty] 11 sixty days, provided, however, that upon reconsideration of all of the 12 relevant facts and circumstances, the governor may extend the suspension 13 for additional periods not to exceed thirty days each; 14 b. no suspension shall be made which does not safeguard the health and 15 welfare of the public and which is not reasonably necessary to the 16 disaster effort; 17 c. any such suspension order shall specify the statute, local law, 18 ordinance, order, rule or regulation or part thereof to be suspended and 19 the terms and conditions of the suspension; 20 d. the order may provide for such suspension only under particular 21 circumstances, and may provide for the alteration or modification of the 22 requirements of such statute, local law, ordinance, order, rule or regu- 23 lation suspended, and may include other terms and conditions; 24 e. any such suspension order shall provide for the minimum deviation 25 from the requirements of the statute, local law, ordinance, order, rule 26 or regulation suspended consistent with the disaster action deemed 27 necessary; and 28 f. when practicable, specialists shall be assigned to assist with the 29 related emergency and recovery actions to avoid needless adverse effects 30 resulting from such suspension. 31 3. Such suspensions shall be effective from the time and in the manner 32 prescribed in such orders and shall be published as soon as practicable 33 in the state bulletin. 34 4. The legislature may terminate by concurrent resolution executive 35 orders issued under this section at any time. 36 § 14. Subdivision 1 of section 29-b of the executive law, as amended 37 by section 7 of part B of chapter 56 of the laws of 2010, is amended to 38 read as follows: 39 1. The governor may, in his or her discretion, direct the state 40 disaster preparedness commission to conduct an emergency exercise or 41 drill, under its direction, in which all or any of the personnel and 42 resources of the agencies of [the commission of] the state and in coop- 43 eration with private agencies may be utilized to perform the duties 44 assigned to them in a disaster, for the purpose of protecting and 45 preserving human life or property in a disaster. During a disaster or 46 such drill or exercise, disaster emergency response personnel in the 47 state shall operate under the direction and command of the chair of such 48 commission, and shall possess the same powers, duties, rights, privi- 49 leges and immunities as are applicable in a civil defense drill held at 50 the direction of the state civil defense commission under the provisions 51 of the New York state defense emergency act. 52 § 15. Subdivision 1 of section 29-e of the executive law, as added by 53 chapter 603 of the laws of 1993, paragraph (e) as amended by section 8 54 of part B of chapter 56 of the laws of 2010, is amended to read as 55 follows:A. 1741--A 15 1 1. For purposes of this section the following terms shall have the 2 following meanings: 3 (a) "Infrastructure" shall mean and include publicly owned storm and 4 sanitary sewers, water supply systems, drainage systems, public utili- 5 ties, transportation systems, roads and bridges. 6 (b) "Municipality" shall mean any county, city, village, or town of 7 the state. 8 (c) "Public facilities" shall mean and include publicly owned build- 9 ings, including traditional government buildings, such as courthouses, 10 firehouses, police stations, parks, recreational facilities, and correc- 11 tional facilities. 12 (d) "Fund" shall mean the state's contingency reserve fund established 13 by law. 14 (e) ["The office] "Office of emergency management" shall mean the 15 office of emergency management within the division of homeland security 16 and emergency services. 17 § 16. Subparagraph 1 of paragraph (b) of subdivision 3 of section 29-g 18 of the executive law, as added by chapter 299 of the laws of 2001, is 19 amended to read as follows: 20 (1) A description of the emergency service function for which assist- 21 ance is needed, such as, but not limited to, fire services, law enforce- 22 ment, emergency medical, transportation, communications, public works 23 and engineering, building inspection, planning and information assist- 24 ance, mass care, provision of shelter to displaced individuals and fami- 25 lies, resource support, health and medical services, and search and 26 rescue. 27 § 17. Subdivision 1 of section 377 of the executive law, as amended by 28 chapter 309 of the laws of 1996, is amended to read as follows: 29 1. The council shall formulate a uniform fire prevention and building 30 code which shall take effect on the first day of January, nineteen 31 hundred eighty-four. The council may from time to time amend particular 32 provisions of the uniform code and shall periodically review the entire 33 code to assure that it effectuates the purposes of this article and the 34 specific objectives and standards hereinafter set forth. In the formu- 35 lation of such code, both the council and secretary, in consultation 36 with the disaster preparedness commission, may establish standards which 37 provide for the optimal survivability of all buildings, including commu- 38 nity buildings and facilities, in the case of a disaster, particularly 39 those community buildings and facilities located in coastal areas and 40 inland waterway areas that may be used as emergency shelters, command 41 centers or to respond to a natural disaster. Furthermore, the uniform 42 code shall establish standards for the survivability and operation of 43 back-up generators and alternative electricity sources for hospitals and 44 residential health care facilities during a disaster. The secretary 45 shall conduct public hearings on said uniform code and any amendment 46 thereto. The secretary shall review such code or amendment, together 47 with any changes incorporated by the council as a result of such hear- 48 ings, to insure that it effectuates the purposes of this article. Upon 49 being so satisfied, the secretary shall approve said code or amendment 50 prior to its becoming effective. 51 § 18. Subdivision 1 of section 713 of the executive law, as amended by 52 section 16 of part B of chapter 56 of the laws of 2010, is amended to 53 read as follows: 54 1. Notwithstanding any other provision of law, the commissioner of the 55 division of homeland security and emergency services shall conduct a 56 review and analysis of measures being taken by the public serviceA. 1741--A 16 1 commission and any other agency or authority of the state or any poli- 2 tical subdivision thereof and, to the extent practicable, of any federal 3 entity, to protect the security of critical infrastructure related to 4 energy generation and transmission located within the state both during 5 times of normal operations, and before, during and after the occurrence 6 of various types of natural disasters. The commissioner of the division 7 of homeland security and emergency services shall have the authority to 8 review any audits or reports related to the security of such critical 9 infrastructure, including audits or reports conducted at the request of 10 the public service commission or any other agency or authority of the 11 state or any political subdivision thereof or, to the extent practica- 12 ble, of any federal entity. The owners and operators of such energy 13 generating or transmission facilities shall, in compliance with any 14 federal and state requirements regarding the dissemination of such 15 information, provide access to the commissioner of the division of home- 16 land security and emergency services to such audits or reports regarding 17 such critical infrastructure provided, however, that exclusive custody 18 and control of such audits and reports shall remain solely with the 19 owners and operators of such energy generating or transmission facili- 20 ties. For the purposes of this article, the term "critical infrastruc- 21 ture" has the meaning ascribed to that term in subdivision five of 22 section eighty-six of the public officers law. 23 § 19. The public service law is amended by adding two new sections 5-a 24 and 5-c to read as follows: 25 § 5-a. Natural disaster preparedness. 1. Every utility company, wire- 26 less communications service provider and cable television company shall 27 file a natural disaster preparedness plan with the commission for its 28 approval, and periodically update such plan as shall be provided for by 29 the commission. Each such plan and update thereof shall specify the 30 personnel and resources that will be utilized in the event of a disas- 31 ter, and various action plans to be undertaken in the event of various 32 types of natural disasters. Upon the approval of such plan, the commis- 33 sion shall forward a copy of each such plan to the disaster preparedness 34 commission and each of the appropriate localities which have adopted a 35 local comprehensive emergency management plan. 36 2. The commission may establish industry specific standards for 37 acceptable performance of each utility, required to establish and file a 38 natural disaster preparedness plan pursuant to subdivision one of this 39 section, in the event of a natural disaster to protect public health and 40 safety of its ratepayers and the general public, to ensure the reliabil- 41 ity of such utility's services to prevent and minimize the number of 42 service outages or disruptions, and to reduce the duration of such 43 outages and disruptions, and to facilitate restoration of such services 44 after such outages or disruptions. The commission may utilize, in rate 45 setting proceedings, to recover the reasonable costs incurred to main- 46 tain or improve the resiliency of the utility's infrastructure necessary 47 to comply with the standards established pursuant to this subdivision. 48 3. The standards established by the commission shall include: 49 (a) the establishment of a communications plan between each utility 50 and its customers, including during other than normal business hours; 51 (b) the establishment of communication and coordination protocols 52 defining interactions between each utility and state, local and private 53 emergency management organizations, relating to emergency preparation, 54 roadway clearing and the establishment of restoration priorities; andA. 1741--A 17 1 (c) any other standards for acceptable performance by a utility to 2 ensure the reliability of services before, during and after a natural 3 disaster, to prevent and minimize any service outages or disruptions. 4 § 5-c. Natural disaster preparedness plan evaluation. The commission 5 shall within one hundred eighty days after the occurrence of a state 6 disaster emergency or a local state of emergency caused by a natural 7 disaster, and subject to such public hearings as it shall determine to 8 be necessary, evaluate the effectiveness of natural disaster prepared- 9 ness plans, adopted pursuant to section five-a of this article, which 10 were implemented during such disaster. In evaluating all such plans, the 11 report of the commission shall consider: 12 1. the overall effectiveness of each natural disaster preparedness 13 plan and how it interfaced with the state emergency management plan and 14 with each local emergency management plan, as such plans related to: 15 mitigation of the loss of human life and damage to property, rescue and 16 response times by emergency responders, ability for each plan to coordi- 17 nate its efforts with all other emergency management plans, the capacity 18 of the public utility to effectively communicate with state and local 19 agencies and the general public, and the timeliness of the restoration 20 of public utility services; 21 2. the effectiveness of each plan to satisfy the articulated goals of 22 such plan as it relates to the anticipated time in which plan was acti- 23 vated, whether such plan should have been activated at an earlier time, 24 overall emergency response and utility restoration times of the public 25 utility, the effectiveness of the personnel covered under such plan 26 including, but not limited to, adequate training and performance of 27 assigned tasks by such personnel, and the provision of needed supplies 28 to such personnel; and 29 3. the overall strengths and weaknesses of each natural disaster 30 preparedness plan, its shortcomings and items that could be improved 31 upon to better satisfy the articulated goals and the requirements estab- 32 lished by the commission, and means to improve the effectiveness and 33 cooperative efforts with other emergency management plans. 34 § 20. The public health law is amended by adding a new section 2806-c 35 to read as follows: 36 § 2806-c. Natural disaster preparedness. In conjunction with their 37 duties pursuant to section twenty-three-b of the executive law, every 38 hospital and residential health care facility shall file a natural 39 disaster preparedness plan with the council for its approval, and update 40 such plan as provided by the council. Each such plan shall specify the 41 personnel and resources that will be utilized in the event of a natural 42 disaster, and various action plans to be undertaken in the event of 43 various types of natural disasters. Every disaster preparedness plan and 44 update thereof may provide for the acquisition and operation of surviv- 45 able back-up generators or alternative energy sources in the event of a 46 disaster. Upon the approval of a natural disaster preparedness plan and 47 upon each update thereof, the council shall forward a copy of each such 48 plan to the disaster preparedness commission and each of the appropriate 49 localities which have adopted a local comprehensive emergency management 50 plan. 51 § 21. The chair of the disaster preparedness commission, the commis- 52 sioner of transportation, the commissioner of agriculture and markets, 53 the chairman of the public service commission, the state fire adminis- 54 trator and the chair of the New York state energy research and develop- 55 ment authority shall jointly examine, evaluate and make recommendations 56 concerning the costs and means of hardening buildings, infrastructure,A. 1741--A 18 1 public utility facilities, energy sources and health care facilities to 2 ensure their continued operation before, during and after a natural 3 disaster. The findings and recommendations of such group shall be 4 reported to the governor and the legislature within one year of the 5 effective date of this act. 6 § 22. This act shall take effect on the one hundred eightieth day 7 after it shall have become a law.
