Strengthen Disaster Response Plans

Section 1. Short title. This act shall be known and may be cited as the "natural disaster preparedness and mitigation act".

§ 2. Legislative intent. The legislature hereby finds that due to changes in climate and weather patterns, large areas of the state have been severely impacted by repeated hurricanes, tropical storms and other weather related natural disasters during the past few years. The conditions created by these hurricanes, tropical storms and other weather related natural disasters have imposed severe economic, social and infrastructure damages to those areas and populaces affected.

Therefore, the legislature declares that the state, its political subdivisions, public utilities and health care facilities must improve their preparations for, responses to and recovery from future disasters. This act requires enhanced planning, preparation and mitigation efforts for possible future natural disasters. Natural disaster planning, on both the state and local levels, by state and local governments, utilities and health care facilities should be comprehensive and include emergency service organizations which are involved in mitigation of damage and recovery from disasters at all levels. Furthermore, the responses to disasters must be quick, well coordinated and comprehensive so as to minimize the loss of life, human suffering, property loss and 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.

LBD01048-03-7

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tructures should be designed and constructed to minimize the damage thereto caused by any disaster and so as to facilitate the repair and restoration thereof after a disaster.

§ 3. Section 20 of the executive law, as amended by section 1 of part B of chapter 56 of the laws of 2010, paragraphs i, j and k of subdivision 2 as added by section 1 of part G of chapter 55 of the laws of 2012, is amended to read as follows:

§ 20. Natural and man-made disasters; policy; definitions. 1. It shall be the policy of the state that:

a. local government and emergency service organizations continue their essential role as the first line of defense in times of disaster, and that the state provide [appropriate] timely and comprehensive supportive services to the extent necessary;

b. local chief executives take an active and personal role in the development and implementation of state and local disaster preparedness programs and be vested with authority and responsibility, with assistance from the state, in order to [insure] ensure the success of such programs;

c. state and local natural disaster and emergency response functions be coordinated using recognized practices in incident management and risk management practices in order to bring the fullest protection and benefit to the people;

d. state resources shall be organized and prepared for immediate effective response to disasters which [are] may be beyond the capability of local governments and emergency service organizations; [and]

e. state and local plans, organizational arrangements[,] and response capability required to execute the provisions of this article shall at all times be the most effective that current and reasonably anticipated circumstances and existing resources allow[.]; and

f. state and local government and emergency service organizations shall consider and incorporate into every state and local disaster preparedness plan, the emergency management plans submitted by private agencies.

2. As used in this article the following terms shall have the following meanings:

a. "disaster" means occurrence or imminent threat of wide spread or severe damage, injury, or loss of life or property resulting from any natural or man-made causes, including, but not limited to, fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, wind, storm, wind storm, wave action, volcanic activity, epidemic, air contamination, terrorism, cyber event, blight, drought, infestation, explosion, radiological accident, nuclear, chemical, biological[,] or bacteriological release, water contamination, dam failure, ice storm, bridge failure or bridge collapse.

b. "state disaster emergency" means a period beginning with a declaration by the governor that a disaster exists and ending upon the termination thereof.

c. "municipality" means a public corporation as defined in subdivision one of section sixty-six of the general construction law and a special district as defined in subdivision sixteen of section one hundred two of the real property tax law.

d. "commission" means the disaster preparedness commission created pursuant to section twenty-one of this article.

e. "emergency services organization" means a public or private agency, voluntary organization or group organized and functioning for the purpose of providing fire, medical, ambulance, rescue, housing, food or

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other services directed toward relieving human suffering, injury or loss of life or damage to property as a result of an emergency, including non-profit and governmentally-supported organizations, but excluding governmental agencies.

f. "chief executive" means:

(1) a county executive or manager of a county;

(2) in a county not having a county executive or manager, the chairman or other presiding officer of the county legislative body;

(3) a mayor of a city or village, except where a city or village has a manager, it shall mean such manager; and

(4) a supervisor of a town, except where a town has a manager, it shall mean such manager.

g. ["Disaster] "disaster emergency response personnel" means agencies, public officers, employees, or affiliated volunteers having duties and responsibilities under or pursuant to a comprehensive emergency management plan.

h. ["Emergency] "emergency management director" means the government official responsible for emergency preparedness, response and recovery for a county, city, town, or village.

i. "incident management team" means a state certified team of trained personnel from different departments, organizations, agencies, and jurisdictions within the state, or a region of the state, activated to support and manage major and/or complex incidents requiring a significant number of local, regional, and state resources.

j. "executive level officer" means a state agency officer with the authority to deploy agency assets and resources and make decisions binding a state agency.

k. "third party non-state resources" means any contracted resource that is not owned or controlled by the state or a political subdivision including, but not limited to, ambulances, construction crews, or contractors.

l. "health care facility" means a hospital or residential health care facility, as defined in section twenty-eight hundred one of the public health law.

m. "private agency" means a health care facility or a public utility.

n. "public utility" means a utility company, as defined in section two of the public service law, a cable television company, as defined in section two hundred twelve of the public service law, or a wireless communications service provider, as defined in section three hundred one of the county law.

§ 4. Section 21 of the executive law, as amended by section 2 of part B of chapter 56 of the laws of 2010, subdivision 1 as amended by chapter 176 of the laws of 2013, paragraph f of subdivision 3 as amended by section 3 and subdivision 5 as amended by section 4 of part G of chapter 55 of the laws of 2012, is amended to read as follows:

§ 21. Disaster preparedness commission established; meetings; powers and duties. 1. There is hereby created in the executive department a disaster preparedness commission consisting of the commissioners of transportation, health, division of criminal justice services, education, economic development, agriculture and markets, housing and community renewal, general services, labor, environmental conservation, mental health, parks, recreation and historic preservation, corrections and community supervision, children and family services, homeland security and emergency services, and people with developmental disabilities, the president of the New York state energy research and development authority, the superintendents of state police and financial services,

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the secretary of state, the state fire administrator, the chair of the public service commission, the adjutant general, the office of information technology services, and the office of victim services, the chairs of the thruway authority, the office for the aging, the metropolitan transportation authority, the port authority of New York and New Jersey, the chief professional officer of the state coordinating chapter of the American Red Cross and [three] six additional members, to be appointed by the governor, two of whom shall be chief executives, one of whom shall be a representative of a public utility, one of whom shall be a representative of a health care facility and one of whom shall be a risk manager. Each member agency may designate an executive level officer of that agency, with responsibility for disaster preparedness matters, who may represent that agency on the commission. The commissioner of the division of homeland security and emergency services shall serve as chair of the commission, and the governor shall designate the vice chair of the commission. The members of the commission, except those who serve ex officio, shall be allowed their actual and necessary expenses incurred in the performance of their duties under this article but shall receive no additional compensation for services rendered pursuant to this article.

2. The commission, on call of the chairperson, shall meet at least twice each year and at such other times as may be necessary. The agenda and meeting place of all regular meetings shall be made available to the public in advance of such meetings and all such meetings shall be open to the public. The commission shall establish quorum requirements and other rules and procedures regarding conduct of its meetings and other affairs.

3. The commission shall have the following powers and responsibilities:

a. study all aspects of man-made or natural disaster prevention, response and recovery;

b. request and obtain from any state or local officer or agency, private agency or risk manager any information or advice necessary to the commission for the exercise of its responsibilities;

c. prepare and, as appropriate, revise a state comprehensive emergency management plan. The commission shall report all revisions to such plan by March thirty-first of each year to the governor, the legislature and the chief judge of the state, unless a current version of the plan is available to the public on the website of the division of homeland security and emergency services. In preparing such plans, the commission shall consult with federal and local officials, emergency service organizations including both volunteer and commercial emergency response organizations, private agencies, risk managers and the public as it deems appropriate. To the extent such plans impact upon administration of the civil and criminal justice systems of the state, including their operational and fiscal needs in times of disaster emergency, the commission, its staff and any working group, task force, agency or other instrumentality to which it may delegate responsibility to assist it in its duties shall consult with the chief administrator of the courts and coordinate their preparation with him or her or with his or her representatives;

d. prepare, keep current and distribute to chief executives, private agencies, business organizations, and others an inventory of programs directly relevant to prevention, minimization of damage, readiness, operations during disasters, and recovery following disasters;

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e. direct state disaster operations and coordinate state disaster operations with local and private agency disaster operations following the declaration of a state disaster emergency;