Enacts the "natural disaster preparedness and mitigation act"

Summary of provisions

Section 1: Enacts the "Natural Disaster Emergency Preparedness and Mitigation Act".

Section 2: Legislative Intent. This section outlines the goals of this bill to:

-Recognize that New York's climate and weather patterns are changing and that such new weather patterns may pose heightened dangers and risks to New York's transportation, utility, telecommunications, and health care facility infrastructure.

-Encourage state and local governments, utilities, telecommunication networks, health care facilities, and emergency responders to work together better to plan for, respond to, and mitigate the damage caused by such natural disasters in a manner that minimizes the human suffering that such natural disasters can cause during the event and to rebuild after such event passes. In addition, to increase the communication capabilities between government agencies, utilities, health care facilities, and the general public to better coordinate the emergency response to such natural disasters.

Sections 3 through 21: Amends Executive Law Article 2-B, Public Service Law and Public Health Law to make many changes to the State's policy for the development and implementation of a State and local natural disaster emergency management preparedness plans. Most of the changes provided for under this act are to adopt new procedures to encourage the development of better natural disaster emergency preparedness plans, to minimize human suffering, loss of life and economic losses during and after a natural disaster event, and to initiate quick recovery efforts to rebuild after the natural disaster.

The underlying theme of these changes to Article 2-B is that while New York State and its local governments are required to prepare natural disaster emergency management plans that are submitted to the Disaster Preparedness Commission (DPC); separate plans are required to be

prepared by utility companies for the Public Service Commission, and nursing homes and assisted living facilities, (but not hospitals), must prepare such plans; however, such plans are not filed with the State or local authorities. Further, New York State & its local governments, utilities, and health care facilities are not required to work with each other to develop a coordinated emergency management plans, nor have a coordinated response to a natural disaster event, nor address shared issues that affect all three parties, before, during, or after an event has occurred.

The specific bill section changes are as follows:

Section 3: Amends Executive Law section 20 to:

a) Hospitals, in addition to nursing homes, and assisted living facilities, will need to prepare natural disaster preparedness and management plans. To do this, the term "Health Care Facility" is added so that hospitals, in addition to all other health care facilities must prepare such a plan.

b) Executive Law section 20 is amended so that the New York State's policy shall be that State and local governments and emergency service organizations, shall incorporate into their plans, the emergency natural disaster plans established by "Private Agencies". For the purpose of this act, "private agencies, shall include all electric and gas utility companies, cable television companies, and wireless communication service providers, and all health care facilities, including, for the first, time hospitals.

c) Executive Law section 20 expands the definition of "disaster" to include wind storm, dam failure and ice storm events, in addition to the many other natural disasters currently covered under Article 2-S.

d) Amends Executive Law section 20 to add new, much broader, definitions for "health care facility" (that includes hospitals, in addition to nursing homes and assisted living facilities), "public utility" (that includes all electric, gas companies, telecommunications and cell phone carries), and "private agency" which includes both "utilities" and "health care providers".

Section 4: Amends Executive Law section 21 as follows:

a) This section relates to the powers of the Disaster Preparedness Commission. Under this act, the Disaster Preparedness Commission (DPC) can request any information and cooperation from "private agencies" to exercise its responsibilities. In addition, the DPC shall help to coordinate the plans and disaster preparedness activities, of New York State, its local governments, emergency service organizations, and private agencies such as utility companies and health care providers. It expands the membership of the DPC to include a representative from a public utility, health care facility, and risk manager, upon the recommendation of the Governor.

b) Amends Executive Law section 21(3)(h) to provide for the periodic briefings, drills, dress rehearsals and other practical exercises so that the supervisory and implementation personnel of state & local governments, emergency service organizations, and private agencies,

such as utility companies and health care facilities, can learn to work together and conduct practice sessions to implement their respective emergency disaster plans in a coordinated manner.

c) Amends Executive Law section 21(3)(i) so that the Disaster Preparedness Commission annual report to the Governor and State Legislature includes a summary of the separate and coordinated activities of, in addition to the DPC, all private agencies.

d) Adds a new Executive Law section 21(3)(1) to require that the DPC evaluate the effectiveness of the State emergency preparedness plan, local emergency preparedness plans, and those plans established by private agencies within 180 days after the occurrence of a natural disaster. Such evaluation shall examine the goals and objectives of such plans, and if such goals and objectives were satisfied during the implementation of such plan.

Section 5: Amends Executive Law section 22 to do the following:

a) Amends Executive Law section 22(3) so that the State's disaster preparedness plans must be developed with the assistance of local governments, utility companies, health care facilities, and risk managers. In addition, in developing the State's disaster prevention and mitigation plans, a comprehensive identification of hazards, assessments of risk, and prevention of damage and mitigation of such risks shall be conducted & use the most advanced risk management and damage mitigation measures to identify and address such risks and dangers.

b) Such Disaster plan shall also incorporate the need for adequate personnel training of emergency responders, municipal employees, utility personnel, and health care facility staff.

c) Such plan shall consider new additions to, in addition to building and safety codes and zoning laws, the coastal zone management practices to mitigate future damage to transportation, utility, and telecommunications infrastructure from weather related natural catastrophic events.

d) Such plan shall include in its disaster response operational plan, ways to enhance or preserve the communications capabilities between affected organization and emergency responders and the general public. e) Amends Executive Law section 22(3) (b) (6) so that such Disaster plans shall have coordinated evacuation procedures, including the establishment of temporary housing and shelters for displaced individuals. Such shelters shall provide adequate staffing levels to satisfy the reasonable needs of such displaced Persons and which provides adequate protection from the elements, and the provision of food, comfortable ambient air temperature, clothes, and medical care. In addition, such staff shall accommodate the special needs of vulnerable populations such as family units with small children, the elderly, the homeless, handicapped, mentally ill or other unique populations, to the extent possible. Staff will be present to help with the special needs of all vulnerable displaced persons.

Section 6: Amends Executive Law section 23 to do the following things:

a) Amends Executive Law section 23 so that the same considerations that need be addressed and planned for by the State Disaster Preparedness plan, must also be addressed by the local Disaster Preparedness plan. Such considerations include coordination of efforts and communication with all private agencies, such as all utility companies and public health care facilities. This is needed so that there is symmetry between the State emergency preparedness plan and the local plans; this is needed so that the plans complement and work with each other.

b) Amends Executive Law section 23 so that Local Disaster Plans must make recommendations for the replacement, reconstruction , removal or relocation of all public and private facilities, including roads, railways, airports, telecommunications facilities, utilities, and health care facilities.

Section 7: Amends Executive Law section 23-a to make technical amendments.

Section 8: Amends Executive Law section 23-b so that hospitals, in addition to nursing homes and assisted living facilities, must have disaster preparedness plans. This provision, provides for a more comprehensive emergency disaster preparedness plan to anticipate the potential risk from an event and how to mitigate those risks.

Section 9: Amends Executive law section 23-c to add utilities and health care facilities to those agencies whose plans should be consistent with and coordinated with local disaster preparedness plans.

Section 10: Amends Executive Law section 25 to foster cooperation between the resources and personnel of the State of New York, local governments, public utilities and health care facilities to prepare for the coordinated preparation for and response to an event.

Section 11: Amends Executive law section 28-a to make conforming amendments.

Sections 12, 13, 14 and 15: Amends Executive Law section 29, 29-a, 29-b and 29-e to authorize the Governor, upon the declaration of an emergency, to direct all agencies of state government and, in cooperation with private agencies, to provide assistance in a coordinated manner to minimize the risk of human suffering or loss of life. In addition, Amends Executive Law section 29-a, so that the Governor may temporarily suspend specific statutes or rules and regulations of any state agency that would delay action necessary to cope with or recover from a disaster. Under current law, the Governor may be able to do this for a period of 30 days when coping with a disaster. This provision extends this period of time to 60 days and is expanded to efforts to recover from a disaster.

Section 16: Amends Executive Law section 29-g to include the provision of shelter to displaced persons and families as an issue to be addressed in the local emergency service functions, in addition to fire services, law enforcement, and other functions.

Section 17: Amends Executive Law section 377 that relates to the establishment of the Uniform Fire Prevention and Building Code. Under this bill, the State Fire Prevention and Building Code Council, in consultation with the Disaster Preparedness Commission, may establish heightened standards that provide for the higher chance of survivability, to be best extent possible, of buildings in the event of a natural disaster. Specific attention should be given to the hardening of community facilities throughout the State, and particular attention to those facilities that are located in coastal areas and inland waterway areas and which would be needed in a credible response effort to a natural disaster. Further, standards will be established for back-up generators and alternative electrical sources for health care facilities during a natural disaster.

Section 18: Amends Executive Law section 713 (1) to authorize the Commissioner of Homeland Security to conduct a review and analysis of measures being taken by the Public Service Commission or any other state agency related to the protection and security of all critical infrastructure related to energy generation and transmission within the State: A) during normal operations and B) before, during and after the occurrence of a natural disaster.

Section 19: Adds Public Service Law sections 5-a and 5-c to mandate that every utility company, wireless communications service provider, and cable television company shall file disaster preparedness plans with the Public Service Commission for its approval and periodically update this plan. Such approved plans shall be filed with the appropriate local comprehensive emergency management plan authority.

Provided further, that the PSC shall evaluate the effectiveness of a natural preparedness plan within 180 days after the occurrence of a state or locally declared emergency caused by a natural disaster.

Section 20: Amends the Public Health Law by adding a new section 2806-a so that every hospital and residential health care facility shall file a natural disaster preparedness plan with the Department for its approval and periodically update this plan. Such plan may provide for the acquisition and operation of a survivable back-up generators or alternative energy sources in the event of a natural disaster.

Section 21: Empowers the Disaster Preparedness Commissioner, and Commissioners of Transportation, Agriculture & Markets, PSC, the State Fire Administrator, and NYS Energy Research and Development Authority to examine, evaluate, and make recommendations concerning the costs and means of hardening buildings, infrastructure, public utility facilities, energy sources, and health care facilities to ensure their continued operation, before, during and after a natural disaster.

Justification

On October 29, 2012, Hurricane Sandy struck the New York Metropolitan region. This storm lead to catastrophic destruction in several states, with New Jersey and New York being the most adversely affected. In this state, New York City, Long Island and Westchester and Rockland Counties bore the brunt of the storm. At least 48 New Yorkers died in this Hurricane. Of the 48, 41 of them died in New York City.

The storm flooded seven subway tunnels under the East River and three motor vehicle tunnels that went into and out of Manhattan. This brought the Metropolitan region's mass transit and motor vehicle transportation network to a halt. In addition, over 2 million buildings lost power in New York alone, with each building representing single family homes, duplexes, large apartment buildings and commercial properties. The actual number of New Yorkers who lost power was vastly greater than two million.

Hurricane Sandy was the third named storm to strike New York State in the past two years. Hurricane Irene and Tropical Storm Lee both struck the state in 2011, causing widespread damage in the Hudson Valley, Catskill Mountains and Southern Tier due to torrential rains that led to historic flooding. Strong winds from these storms, as well as flooding, led to millions of New Yorkers to lose either their loved ones, homes, businesses, and electrical power.

All states along the eastern seaboard face the continued threat of multiple occurrences of hurricanes, windstorms, tidal surges and ice storms on an annual basis. New York and its localities must be prepared for and anticipate the next catastrophic weather event. Such events seem to be the result of trends related to systemic climate change and global warming across the planet. Such evaluation of the number and severity of future natural disasters and the preparation for such events is a critical function for the State and local governments, as well as public authorities, utility companies, and health care facilities, and others that provide the public with vital public services.

Due to New York's recent past history of sustaining weather related catastrophic damages and the enhanced likelihood that such catastrophic events will occur again in the future; New York, its localities, utility companies, public authorities and certain health care facilities all have emergency management plans in place to respond to these perils. Each time a natural disaster emergency takes place, the weaknesses and strengths of these plans are exposed. While some organizations have performed admirably in the aftermath of these recent major storms, others, have not. The response to these past storms and to Hurricane Sandy have unfortunately shown that there are significant problems in the way these organizations prepare for major weather related natural disasters.

Under existing law, electric and gas utilities are regulated by the Public Services Commission. These utilities must have emergency plans on file with the Commission. Existing regulations detail what information these plans must contain. Each time there is a power outage in an area that lasts longer than three days, utilities must prepare a report for the Commission. This report must explain and evaluate their performance to address issues raised by the weather event and to restore power. The Commission then drafts its own report analyzing the information that was submitted.

After Hurricane Irene and Tropical Storm Lee, the Commission's report on the utilities' actions cited a number of problems, particularly with the Long Island Power Authority, which oversees power distribution on Long Island and the Rockaways. There were a variety of problems that the Commission found with the utilities' response, such

as: A) not having sufficient stocks of certain key materials that would be needed during the recovery phase, B) under budgeting for emergency responses, C) failing to shift adequately trained staff, or staff at all, in timely a manner to cover those areas without power, and D) undermanned call centers so that they could not handle the large volume of help calls.

Unfortunately, the lackluster response to Hurricane Sandy has shown that many of the same problems and choke points that appeared when responding to Irene and Lee continue to exist. Sandy compounded the already existing problems and severity of such problems because this storm was of such intensity and hit the most densely populated parts of the State. In the aftermath of Sandy, there are widespread reports of: A) shortages of key materials needed for recovery efforts, B) utilities did not have on-hand or access to sufficient staff prior to the storm, C) that necessary regular upkeep and maintenance to mitigate weather related natural disasters was not being conducted.

These problems, separately and together, drastically slowed down the ability of utility companies to restore electric service. Further, that electric service, which is seen rightly by the public to be a basic and critical public service, needlessly placed many individuals, families, the elderly, and certain vulnerable populations in grave danger. The loss of electrical power also complicated and hindered search, rescue and recovery efforts, because it lead to shortages of motor fuel, diesel fuel and kerosene that was needed to pursue emergency response efforts or to survive after the occurrence of the event.

It is critical for the State of New York, its localities, public utilities, and health care facilities to improve its future natural disaster emergency planning and preparation system and to implement a coordinated response to implement those plans that have been developed. This must be done so that next time we are hit by a significant weather event, the response times to mitigate future damage and efforts to quickly restore vital services can occur.

To ensure a faster and more effective emergency response and recovery effort to address issues raised by the incidence of a major natural disaster in the future, this legislation mandates a greater level of coordination between government emergency management planners, emergency responders, and the providers of basic utility and transportation services. This legislation mandates that all utilities, not only gas and electric, but also telecommunications companies and cable providers, file emergency plans with the Public Service Commission. This bill will ensure that public utilities keep updated emergency management plans. Further, that, in the future, utility companies will clearly understand that their transmission right of way clearance, maintenance programs, and emergency response efforts are a critical part of being prepared to respond to and mitigate the damages caused by natural disaster emergencies.

This legislation requires that public emergency management planners incorporate into their emergency plans, the emergency management plans of utilities and other critical public service providers such as hospitals. This fostering of improved coordination and communication between public emergency organization responders and key service

providers will mean a more effective use of resources in the future and a greater emphasis on the restoration of key services like electric power and transportation services. It also fosters greater and ongoing coordination of preparedness initiatives and planning. The Division of Homeland Security and Emergency Services is empowered by this act to examine the work being done by other state agencies, particularly the Public Service Commission, to ensure the safety of critical energy generation and transmission infrastructure.

The failure of emergency power systems at two of New York City's most prominent and important hospitals shows the need to improve emergency planning that is being conducted by hospitals, as well as making improvements to existing codes and regulations regarding the ability of critical infrastructure to survive a serious disaster. This legislation would have the State Fire Prevention and Building Council work with the DPC to update existing building codes and standards to ensure that critical infrastructures near waterways and the coast is prepared for the specific dangers posed by possible natural disasters in those regions. All critical health care facilities would also be mandated to provide the Department of Health with emergency preparedness plans, including information on their ability to operate under emergency power.

This legislation also amends the existing executive law to ensure that in making their evacuation and sheltering plans that the needs of particular subpopulations be adequately met. This includes ensuring that whatever shelters are established can meet the needs of families with children, the elderly, people with mental illness and individuals who were previously homeless, all of which are populations with distinct needs that all need to be met in the case of an emergency.

As a policy of the State of New York, while we cannot completely stop climate change or the resultant weather related catastrophic natural disasters that they may be more regularly adversely affecting New York; We can be better at anticipating what such changes mean for New York's economy, infrastructure, and well being of our citizens. The best way to do that is to determine how such changes will change the physical landscape and economic resources of the State and plan for those changes. Once that is done, more effective emergency management plans can be adapted, and the means established to ensure that those plans are effectively implemented to mitigate future damages and loss of live, and to speed up recovery efforts.

Legislative history

This is a new bill.

Fiscal implications

The additional reviews that the Division of Homeland Security and Emergency Services must conduct will necessitate additional resources for that agency. Funding for the fund to upgrade and harden infrastructure in case of emergencies will require monies from the general fund to be determined by the legislature and the Governor's office.

Effective date

This act shall take effect 180 days after it shall have become law.