S T A T E O F N E W Y O R K
________________________________________________________________________
5271--A
2015-2016 Regular Sessions
I N S E N A T E
May 12, 2015
___________
Introduced by Sens. AVELLA, ADDABBO, CARLUCCI, KLEIN, SAVINO -- read
twice and ordered printed, and when printed to be committed to the
Committee on Veterans, Homeland Security and Military Affairs --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, -- said bill committed to the
Committee on Rules -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 S 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10286-05-5
S. 5271--A 2
1 so as to minimize the loss of life, human suffering, property loss and
2 reduction in business activity. Finally, both public and private infras-
3 tructures should be designed and constructed to minimize the damage
4 thereto caused by any disaster and so as to facilitate the repair and
5 restoration thereof after a disaster.
6 S 3. Section 20 of the executive law, as amended by section 1 of part
7 B of chapter 56 of the laws of 2010, paragraphs i, j and k of subdivi-
8 sion 2 as added by section 1 of part G of chapter 55 of the laws of
9 2012, is amended to read as follows:
10 S 20. Natural and man-made disasters; policy; definitions. 1. It shall
11 be the policy of the state that:
12 a. local government and emergency service organizations continue their
13 essential role as the first line of defense in times of disaster, and
14 that the state provide [appropriate] TIMELY AND COMPREHENSIVE supportive
15 services to the extent necessary;
16 b. local chief executives take an active and personal role in the
17 development and implementation of STATE AND LOCAL disaster preparedness
18 programs and be vested with authority and responsibility, WITH ASSIST-
19 ANCE FROM THE STATE, in order to [insure] ENSURE the success of such
20 programs;
21 c. state and local natural disaster and emergency response functions
22 be coordinated using recognized practices in incident management AND
23 RISK MANAGEMENT PRACTICES in order to bring the fullest protection and
24 benefit to the people;
25 d. state resources SHALL be organized and prepared for immediate
26 effective response to disasters which [are] MAY BE beyond the capability
27 of local governments and emergency service organizations; [and]
28 e. state and local plans, organizational arrangements[,] and response
29 capability required to execute the provisions of this article shall at
30 all times be the most effective that current AND REASONABLY ANTICIPATED
31 circumstances and existing resources allow[.]; AND
32 F. STATE AND LOCAL GOVERNMENT AND EMERGENCY SERVICE ORGANIZATIONS
33 SHALL CONSIDER AND INCORPORATE INTO EVERY STATE AND LOCAL DISASTER
34 PREPAREDNESS PLAN, THE EMERGENCY MANAGEMENT PLANS SUBMITTED BY PRIVATE
35 AGENCIES.
36 2. As used in this article the following terms shall have the follow-
37 ing meanings:
38 a. "disaster" means occurrence or imminent threat of wide spread or
39 severe damage, injury, or loss of life or property resulting from any
40 natural or man-made causes, including, but not limited to, fire, flood,
41 earthquake, hurricane, tornado, high water, landslide, mudslide, wind,
42 storm, WIND STORM, wave action, volcanic activity, epidemic, air contam-
43 ination, terrorism, cyber event, blight, drought, infestation, explo-
44 sion, radiological accident, nuclear, chemical, biological[,] or bacter-
45 iological release, water contamination, DAM FAILURE, ICE STORM, bridge
46 failure or bridge collapse.
47 b. "state disaster emergency" means a period beginning with a declara-
48 tion by the governor that a disaster exists and ending upon the termi-
49 nation thereof.
50 c. "municipality" means a public corporation as defined in subdivision
51 one of section sixty-six of the general construction law and a special
52 district as defined in subdivision sixteen of section one hundred two of
53 the real property tax law.
54 d. "commission" means the disaster preparedness commission created
55 pursuant to section twenty-one of this article.
S. 5271--A 3
1 e. "emergency services organization" means a public or private agency,
2 voluntary organization or group organized and functioning for the
3 purpose of providing fire, medical, ambulance, rescue, housing, food or
4 other services directed toward relieving human suffering, injury or loss
5 of life or damage to property as a result of an emergency, including
6 non-profit and governmentally-supported organizations, but excluding
7 governmental agencies.
8 f. "chief executive" means:
9 (1) a county executive or manager of a county;
10 (2) in a county not having a county executive or manager, the chairman
11 or other presiding officer of the county legislative body;
12 (3) a mayor of a city or village, except where a city or village has a
13 manager, it shall mean such manager; and
14 (4) a supervisor of a town, except where a town has a manager, it
15 shall mean such manager.
16 g. ["Disaster] "DISASTER emergency response personnel" means agencies,
17 public officers, employees, or affiliated volunteers having duties and
18 responsibilities under or pursuant to a comprehensive emergency manage-
19 ment plan.
20 h. ["Emergency] "EMERGENCY management director" means the government
21 official responsible for emergency preparedness, response and recovery
22 for a county, city, town, or village.
23 i. "incident management team" means a state certified team of trained
24 personnel from different departments, organizations, agencies, and
25 jurisdictions within the state, or a region of the state, activated to
26 support and manage major and/or complex incidents requiring a signif-
27 icant number of local, regional, and state resources.
28 j. "executive level officer" means a state agency officer with the
29 authority to deploy agency assets and resources and make decisions bind-
30 ing a state agency.
31 k. "third party non-state resources" means any contracted resource
32 that is not owned or controlled by the state or a political subdivision
33 including, but not limited to, ambulances, construction crews, or
34 contractors.
35 L. "HEALTH CARE FACILITY" MEANS A HOSPITAL OR RESIDENTIAL HEALTH CARE
36 FACILITY, AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC
37 HEALTH LAW.
38 M. "PRIVATE AGENCY" MEANS A HEALTH CARE FACILITY OR A PUBLIC UTILITY.
39 N. "PUBLIC UTILITY" MEANS A UTILITY COMPANY, AS DEFINED IN SECTION TWO
40 OF THE PUBLIC SERVICE LAW, A CABLE TELEVISION COMPANY, AS DEFINED IN
41 SECTION TWO HUNDRED TWELVE OF THE PUBLIC SERVICE LAW, OR A WIRELESS
42 COMMUNICATIONS SERVICE PROVIDER, AS DEFINED IN SECTION THREE HUNDRED ONE
43 OF THE COUNTY LAW.
44 S 4. Section 21 of the executive law, as amended by section 2 of part
45 B of chapter 56 of the laws of 2010, subdivision 1 as amended by chapter
46 176 of the laws of 2013, paragraph f of subdivision 3 as amended by
47 section 3 and subdivision 5 as amended by section 4 of part G of chapter
48 55 of the laws of 2012, is amended to read as follows:
49 S 21. Disaster preparedness commission established; meetings; powers
50 and duties. 1. There is hereby created in the executive department a
51 disaster preparedness commission consisting of the commissioners of
52 transportation, health, division of criminal justice services, educa-
53 tion, economic development, agriculture and markets, housing and commu-
54 nity renewal, general services, labor, environmental conservation,
55 mental health, parks, recreation and historic preservation, corrections
56 and community supervision, children and family services, homeland secu-
S. 5271--A 4
1 rity and emergency services, and people with developmental disabilities,
2 the president of the New York state energy research and development
3 authority, the superintendents of state police and financial services,
4 the secretary of state, the state fire administrator, the chair of the
5 public service commission, the adjutant general, the office of informa-
6 tion technology services, and the office of victim services, the chairs
7 of the thruway authority, the office for the aging, the metropolitan
8 transportation authority, the port authority of New York and New Jersey,
9 the chief professional officer of the state coordinating chapter of the
10 American Red Cross and [three] SIX additional members, to be appointed
11 by the governor, two of whom shall be chief executives, ONE OF WHOM
12 SHALL BE A REPRESENTATIVE OF A PUBLIC UTILITY, ONE OF WHOM SHALL BE A
13 REPRESENTATIVE OF A HEALTH CARE FACILITY AND ONE OF WHOM SHALL BE A RISK
14 MANAGER. Each member agency may designate an executive level officer of
15 that agency, with responsibility for disaster preparedness matters, who
16 may represent that agency on the commission. The commissioner of the
17 division of homeland security and emergency services shall serve as
18 chair of the commission, and the governor shall designate the vice chair
19 of the commission. The members of the commission, except those who serve
20 ex officio, shall be allowed their actual and necessary expenses
21 incurred in the performance of their duties under this article but shall
22 receive no additional compensation for services rendered pursuant to
23 this article.
24 2. The commission, on call of the chairperson, shall meet at least
25 twice each year and at such other times as may be necessary. The agenda
26 and meeting place of all regular meetings shall be made available to the
27 public in advance of such meetings and all such meetings shall be open
28 to the public. The commission shall establish quorum requirements and
29 other rules and procedures regarding conduct of its meetings and other
30 affairs.
31 3. The commission shall have the following powers and responsibil-
32 ities:
33 a. study all aspects of man-made or natural disaster prevention,
34 response and recovery;
35 b. request and obtain from any state or local officer or agency,
36 PRIVATE AGENCY OR RISK MANAGER any information OR ADVICE necessary to
37 the commission for the exercise of its responsibilities;
38 c. prepare and, as appropriate, revise a state comprehensive emergency
39 management plan. The commission shall report all revisions to such plan
40 by March thirty-first of each year to the governor, the legislature and
41 the chief judge of the state, unless a current version of the plan is
42 available to the public on the website of the division of homeland secu-
43 rity and emergency services. In preparing such plans, the commission
44 shall consult with federal and local officials, emergency service organ-
45 izations including both volunteer and commercial emergency response
46 organizations, PRIVATE AGENCIES, RISK MANAGERS and the public as it
47 deems appropriate. To the extent such plans impact upon administration
48 of the civil and criminal justice systems of the state, including their
49 operational and fiscal needs in times of disaster emergency, the commis-
50 sion, its staff and any working group, task force, agency or other
51 instrumentality to which it may delegate responsibility to assist it in
52 its duties shall consult with the chief administrator of the courts and
53 coordinate their preparation with him or her or with his or her repre-
54 sentatives;
55 d. prepare, keep current and distribute to chief executives, PRIVATE
56 AGENCIES, BUSINESS ORGANIZATIONS, and others an inventory of programs
S. 5271--A 5
1 directly relevant to prevention, minimization of damage, readiness,
2 operations during disasters, and recovery following disasters;
3 e. direct state disaster operations and coordinate state disaster
4 operations with local AND PRIVATE AGENCY disaster operations following
5 the declaration of a state disaster emergency;
6 f. (1) unless it deems it unnecessary, create, following the declara-
7 tion of a state disaster emergency, a temporary organization in the
8 disaster area to provide for integration and coordination of efforts
9 among the various federal, state, municipal and private agencies
10 involved. The commission, upon a request from a municipality and with
11 the approval of the governor, shall direct the temporary organization to
12 assume direction of the local disaster operations of such municipality,
13 AND COOPERATE WITH PRIVATE AGENCY DISASTER OPERATIONS for a specified
14 period of time not to exceed thirty days, and in such cases such tempo-
15 rary organization shall assume direction of such local disaster oper-
16 ations, AND COOPERATE WITH PRIVATE AGENCY DISASTER OPERATIONS subject to
17 the supervision of the commission. Upon the expiration of the thirty day
18 period the commission, at the request of the municipality, may extend
19 the temporary organization's direction of such local disaster
20 operations, AND COOPERATE WITH PRIVATE AGENCY DISASTER OPERATIONS for
21 additional periods not to exceed thirty days. The commission, upon a
22 finding that a municipality is unable to manage local disaster oper-
23 ations, may, with the approval of the governor, direct the temporary
24 organization to assume direction of the local AND PRIVATE AGENCY disas-
25 ter operations of such municipality, for a specified period of time not
26 to exceed thirty days, and in such cases such temporary organization
27 shall assume direction of such local AND PRIVATE AGENCY disaster oper-
28 ations, subject to the supervision of the commission. Upon expiration of
29 the thirty day period the commission, after consultation with the muni-
30 cipality, and with the approval of the governor, may extend the tempo-
31 rary organization's direction of such local AND PRIVATE AGENCY disaster
32 operations for additional periods not to exceed thirty days. In such
33 event, such temporary organization may utilize such municipality's local
34 resources, provided, however, that the state shall not be liable for any
35 expenses incurred in using such municipality's resources. The state
36 shall not be liable for the expenses incurred in using third party,
37 non-state resources deployed to the affected area by the temporary
38 organization, which are necessary to protect life and safety;
39 (2) The state incident management team shall have the authority to act
40 as the operational arm of the temporary organization. When called to
41 duty and deployed by the state, members of any state or local incident
42 management team shall be deemed temporary employees of the state and
43 shall have the same privileges and immunities afforded to regular state
44 employees, subject to the rules and regulations promulgated by the pres-
45 ident of the state civil service commission pursuant to section one
46 hundred sixty-three of the civil service law;
47 g. assist in the coordination of federal recovery efforts and coordi-
48 nate recovery assistance by state and private agencies;
49 h. provide for periodic briefings, drills, exercises or other means to
50 assure that all state, MUNICIPAL AND PRIVATE AGENCY personnel with
51 direct, SUPERVISORY OR IMPLEMENTATION responsibilities in the event of a
52 disaster are fully familiar with response and recovery plans and the
53 manner in which they shall carry out their responsibilities, and coordi-
54 nate with federal, local, PRIVATE AGENCY or other state personnel. Such
55 activities may take place on a regional or county basis, and local,
S. 5271--A 6
1 PRIVATE AGENCY and federal participation shall be invited and encour-
2 aged;
3 i. submit to the governor, the legislature and the chief judge of the
4 state by March thirty-first of each year an annual report which shall
5 include but need not be limited to:
6 (1) a summary of commission, MUNICIPAL, PRIVATE AGENCY and state agen-
7 cy activities for the year and plans for the ensuing year with respect
8 to the duties and responsibilities of the commission;
9 (2) recommendations on ways to improve state, PRIVATE AGENCY and local
10 capability to prevent, prepare for, respond to and recover from disas-
11 ters;
12 (3) the status of the state, PRIVATE AGENCY and local plans for disas-
13 ter preparedness and response, including the name of any locality OR
14 PRIVATE AGENCY which has failed or refused to develop and implement its
15 own disaster preparedness plan and program; and the extent to which all
16 forms of local AND PRIVATE AGENCY emergency response assets have been
17 included, and accounted for in planning and preparation for disaster
18 preparedness and response; [and]
19 j. develop public service announcements to be distributed to tele-
20 vision and radio stations and other media throughout the state informing
21 the public how to prepare and respond to disasters. Such public service
22 announcements shall be distributed in English and such other languages
23 as such commission deems appropriate[.]; AND
24 K. THE COMMISSION SHALL WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE
25 OCCURRENCE OF A NATURAL DISASTER, EVALUATE THE EFFECTIVENESS OF THE
26 STATE AND LOCAL EMERGENCY MANAGEMENT PLANS, AND THOSE PLANS ESTABLISHED
27 BY PRIVATE AGENCIES THAT WERE ACTIVATED IN RESPONSE TO SUCH NATURAL
28 DISASTER. IN EVALUATING ALL OF SUCH PLANS, THE REPORT OF THE COMMISSION
29 MAY CONSIDER:
30 (1) THE OVERALL EFFECTIVENESS OF THE STATE EMERGENCY MANAGEMENT PLAN
31 AND HOW IT INTERFACED WITH EACH LOCAL EMERGENCY MANAGEMENT PLAN AND THE
32 PLANS ESTABLISHED BY PRIVATE AGENCIES, AS SUCH PLANS RELATED TO: MITI-
33 GATION OF THE LOSS OF HUMAN LIFE AND DAMAGE TO PROPERTY, RESCUE AND
34 RESPONSE TIMES BY EMERGENCY RESPONDERS, ABILITY FOR EACH PLAN TO COORDI-
35 NATE ITS EFFORTS WITH ALL OTHER EMERGENCY MANAGEMENT PLANS, AND CAPACITY
36 FOR EACH ADMINISTRATOR OF THE STATE, LOCAL AND PRIVATE AGENCY PLANS TO
37 EFFECTIVELY COMMUNICATE WITH EACH OTHER, PERSONNEL UNDER THE DIRECTION
38 OF OTHER JURISDICTIONS, THE GENERAL PUBLIC AND THOSE LOCATED OUTSIDE OF
39 THE DISASTER AREA;
40 (2) THE EFFECTIVENESS OF EACH INDIVIDUAL PLAN TO SATISFY THE ARTIC-
41 ULATED GOALS OF SUCH PLAN AS IT RELATES TO THE ANTICIPATED TIME IN WHICH
42 SUCH PLAN WAS ACTIVATED, WHETHER SUCH PLAN SHOULD HAVE BEEN ACTIVATED AT
43 AN EARLIER OR LATER TIME, OVERALL EMERGENCY RESPONSE TIMES BY COMPONENT
44 PARTS OF SUCH PLAN, TO MITIGATE OR CURTAIL THE LOSS OF TARGETED MUNICI-
45 PAL OR PRIVATE AGENCY SERVICES, TO REINSTATE SUCH MUNICIPAL OR PRIVATE
46 AGENCY SERVICES AFTER THE OCCURRENCE OF SUCH DISASTER, THE EFFECTIVENESS
47 OF PERSONNEL COVERED UNDER SUCH PLAN, INCLUDING, BUT NOT LIMITED TO
48 ADEQUATE TRAINING AND PERFORMANCE OF ASSIGNED TASKS BY SUCH PERSONNEL;
49 AND
50 (3) THE OVERALL STRENGTHS AND WEAKNESSES OF EACH EMERGENCY MANAGEMENT
51 PLAN, ITS SHORTCOMINGS AND ITEMS THAT COULD BE IMPROVED UPON TO BETTER
52 SATISFY THE ARTICULATED GOALS OF SUCH PLAN AND IMPROVE THE EFFECTIVENESS
53 AND COOPERATIVE EFFORTS WITH AND BY OTHER ACTIVATED EMERGENCY MANAGEMENT
54 PLANS TO BE BETTER PREPARED FOR FUTURE DISASTERS.
55 AFTER THE COMPLETION OF SUCH EVALUATION, THE COMMISSION SHALL REPORT
56 ITS FINDINGS AND RECOMMENDATIONS DERIVED FROM THE EVALUATION TO THE
S. 5271--A 7
1 GOVERNOR, THE LEGISLATURE, APPROPRIATE EMERGENCY MANAGEMENT AGENCY AND
2 THE STATES WHICH COOPERATE WITH THE STATE OF NEW YORK FOR THE PURPOSES
3 OF THIS ARTICLE.
4 4. All powers of the state civil defense commission are assigned to
5 the commission.
6 5. The [state] office of emergency management within the division of
7 homeland security and emergency services shall serve as the operational
8 arm of the commission and shall be responsible for implementing
9 provisions of this article and the rules and policies adopted by the
10 commission. The director of the [state] office of emergency management
11 within the division of homeland security and emergency services shall
12 exercise the authority given to the disaster preparedness commission in
13 section twenty-nine of this article, to coordinate and direct state
14 agencies and assets in response to a state OR LOCAL disaster emergency,
15 through their respective agency heads, on behalf of the governor and the
16 chair of the disaster preparedness commission, when the governor, the
17 lieutenant governor, and the chair of the disaster preparedness commis-
18 sion are incapacitated or without an available means of reliable commu-
19 nication with the [state] office of emergency management. If the direc-
20 tor of the [state] office of emergency management is unable to exercise
21 this authority, then the executive deputy commissioner of the division
22 of homeland security and emergency services shall act in [this] SUCH
23 capacity. In the event that the executive deputy commissioner is unable
24 to exercise [this] SUCH authority, then such authority shall be exer-
25 cised by the official willing and able to do so in the following order:
26 the superintendent of [the division of] state police; the state fire
27 administrator; or the director of the office of counterterrorism within
28 the division of homeland security and emergency services. Nothing in
29 this subdivision shall be construed to limit the authority of the gover-
30 nor, lieutenant governor, or the chair of the disaster preparedness
31 commission to oversee the director of the [state] office of emergency
32 management within the division of homeland security and emergency
33 services or any official exercising authority given to the disaster
34 preparedness commission in section twenty-nine of this article.
35 S 5. Section 22 of the executive law, as added by chapter 640 of the
36 laws of 1978, subdivision 3 as amended by section 3 of part B of chapter
37 56 of the laws of 2010, is amended to read as follows:
38 S 22. State disaster preparedness plans. 1. The commission shall
39 prepare a state disaster preparedness plan and submit such plan to the
40 governor for approval no later than one year following the effective
41 date of this [act] ARTICLE. The governor shall act upon such plan by
42 July first of that year. The commission shall review such plans annual-
43 ly.
44 2. The purpose of such plans shall be to minimize the effects of
45 disasters by: (i) identifying appropriate measures to prevent disasters,
46 (ii) developing mechanisms to coordinate the use of resources and
47 manpower for service during and after disaster emergencies and the
48 delivery of services to aid citizens and reduce human suffering result-
49 ing from a disaster, and (iii) provide for recovery and redevelopment
50 after disaster emergencies.
51 3. Such plans shall be prepared with such assistance from [other] SUCH
52 MUNICIPAL AND PRIVATE agencies AND RISK MANAGERS as the commission deems
53 necessary, and shall include, but not be limited to:
54 a. Disaster prevention and mitigation. Plans to prevent and minimize
55 the effects of disasters shall include, but not be limited to:
S. 5271--A 8
1 (1) COMPREHENSIVE identification of hazards [and], assessment of
2 [risk] RISKS AND PREVENTION OR MITIGATION OF SUCH RISKS;
3 (2) recommended disaster prevention and mitigation projects, policies,
4 priorities, PERSONNEL TRAINING and programs, with suggested implementa-
5 tion schedules, which outline federal, state, PRIVATE AGENCY and local
6 roles;
7 (3) suggested revisions and additions to building and safety codes,
8 and zoning, COASTAL AREA, INLAND WATERWAY AREA and other land use
9 programs TO PROTECT AND MITIGATE FUTURE RISKS POSED TO THE STATE'S
10 TRANSPORTATION, UTILITY AND TELECOMMUNICATIONS INFRASTRUCTURE;
11 (4) suggested ways in which state agencies can provide technical
12 assistance to municipalities AND PRIVATE AGENCIES in the development of
13 local disaster prevention and mitigation plans and programs;
14 (5) such other measures as reasonably can be taken to protect lives,
15 prevent disasters, and reduce the impact of disasters.
16 b. Disaster response. Plans to coordinate the use of resources and
17 manpower for service during and after disaster emergencies, ENHANCE OR
18 PRESERVE COMMUNICATIONS CAPABILITIES BETWEEN AFFECTED ORGANIZATIONS AND
19 THE GENERAL PUBLIC, and to deliver services to aid citizens and reduce
20 human suffering resulting from a disaster emergency shall include, but
21 not be limited to:
22 (1) coordination of resources, manpower and services, using recognized
23 practices in incident management and utilizing existing organizations
24 and lines of authority and centralized direction of requests for assist-
25 ance;
26 (2) the location, procurement, construction, processing, transporta-
27 tion, storing, maintenance, renovation, distribution, disposal or use of
28 materials, including those donated, and facilities and services;
29 (3) a system for warning AND COMMUNICATING WITH populations who are or
30 may be endangered;
31 (4) arrangements for activating state, municipal, PRIVATE AGENCY and
32 volunteer forces, through normal chains of command so far as possible
33 and for continued communication and reporting;
34 (5) a specific plan for rapid and efficient communication, and for the
35 integration of state communication facilities during a state disaster
36 emergency, including the assignment of responsibilities and the estab-
37 lishment of communication priorities, and liaison with municipal,
38 private and federal communication facilities;
39 (6) a plan for coordinated evacuation procedures, including the estab-
40 lishment of temporary housing OR EMERGENCY SHELTERS, and other necessary
41 facilities FOR DISPLACED INDIVIDUALS AND FAMILIES. SUCH TEMPORARY HOUS-
42 ING AND EMERGENCY SHELTERS SHALL PROVIDE ADEQUATE PROTECTION FROM THE
43 ELEMENTS, FOOD, HEATING, COOLING AND VENTILATION, AND NECESSARY MEDICAL
44 CARE;
45 (7) criteria for establishing priorities with respect to the restora-
46 tion of vital services and debris removal;
47 (8) plans for the continued effective operation of the civil and crim-
48 inal justice systems;
49 (9) provisions for training state, PRIVATE AGENCY and local government
50 personnel and volunteers in disaster response operations;
51 (10) providing information to the public;
52 (11) care for the injured and needy and identification and disposition
53 of the dead;
54 (12) utilization and coordination of programs to assist victims of
55 disasters, with particular attention to the needs of the poor, THE
S. 5271--A 9
1 DISPLACED, FAMILIES WITH CHILDREN, the elderly, individuals with disa-
2 bilities and other groups which may be especially affected;
3 (13) control of ingress and egress to and from a disaster area;
4 (14) arrangements to administer federal disaster assistance;
5 (15) a system for obtaining and coordinating situational awareness
6 including the centralized assessment of disaster effects and resultant
7 needs; and
8 (16) 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, FEEDING and trans-
11 portation options.
12 c. Recovery. Plans to provide for recovery and redevelopment after
13 disaster emergencies shall include, but not be limited to:
14 (1) measures to coordinate state AND PRIVATE agency assistance in
15 recovery efforts;
16 (2) arrangements to administer federal recovery assistance; and
17 (3) such other measures as reasonably can be taken to assist in the
18 development and implementation of local AND PRIVATE AGENCY disaster
19 recovery plans.
20 S 6. Section 23 of the executive law, as amended by section 4 of part
21 B of chapter 56 of the laws of 2010, is amended to read as follows:
22 S 23. Local comprehensive emergency management plans. 1. Each county,
23 except those contained within the city of New York, and each city, town
24 and village is authorized to prepare comprehensive emergency management
25 plans. The disaster preparedness commission AND PRIVATE AGENCIES shall
26 provide assistance and advice for the development of such plans. City,
27 town and village plans shall be coordinated with the county plan.
28 2. The purpose of such plans shall be to minimize the effect of disas-
29 ters by (i) identifying appropriate local AND PRIVATE AGENCY measures to
30 prevent disasters, (ii) developing mechanisms to coordinate the use of
31 local AND PRIVATE AGENCY resources and manpower for service during and
32 after disasters and the delivery of services to aid citizens and reduce
33 human suffering resulting from a disaster, and (iii) providing for
34 recovery and redevelopment after disasters.
35 3. Plans for coordination of resources, manpower and services shall
36 provide for a centralized coordination and direction of requests for
37 assistance.
38 4. Plans for coordination of assistance shall provide for utilization
39 of existing organizations and lines of authority.
40 5. In preparing such plans, cooperation, advice and assistance shall
41 be sought from local government officials, regional and local planning
42 agencies, police agencies, fire departments and fire companies, local
43 emergency management agencies, commercial and volunteer ambulance
44 services, health and social services officials, PRIVATE AGENCIES, commu-
45 nity action agencies, the chief administrator of the courts, organiza-
46 tions for the elderly and the handicapped, RISK AND INCIDENT MANAGERS,
47 other interested groups and the general public. Such advice and assist-
48 ance may be obtained through public hearings held on public notice, or
49 through other appropriate methods.
50 6. All plans for comprehensive emergency management developed by local
51 governments or any revisions thereto shall be submitted to the commis-
52 sion by December thirty-first of each year to facilitate state coordi-
53 nation of disaster operations.
54 7. Such plans shall include, but not be limited to:
55 a. Disaster prevention and mitigation. Plans to prevent and minimize
56 the effects of disasters shall include, but not be limited to:
S. 5271--A 10
1 (1) COMPREHENSIVE identification of hazards [and], assessment of
2 [risk] RISKS AND PREVENTION OR MITIGATION OF SUCH RISKS;
3 (2) recommended disaster prevention and mitigation projects, policies,
4 PERSONNEL TRAINING, priorities and programs, with suggested implementa-
5 tion schedules, which outline federal, state, PRIVATE AGENCY and local
6 roles;
7 (3) suggested revisions and additions to building and safety codes and
8 zoning, COASTAL AREA, INLAND WATERWAY AREA and other land use programs,
9 TO PROTECT AND MITIGATE FUTURE RISKS POSED TO LOCAL TRANSPORTATION,
10 UTILITY AND TELECOMMUNICATIONS INFRASTRUCTURE, AND THE NECESSARY TRAIN-
11 ING OF PERSONNEL TO ENFORCE SUCH PROVISIONS;
12 (4) such other measures as reasonably can be taken to protect lives,
13 prevent disasters, and reduce their impact.
14 b. Disaster response. Plans to coordinate the use of resources and
15 manpower for service during and after disasters, ENHANCE OR PRESERVE
16 COMMUNICATIONS CAPABILITIES BETWEEN AFFECTED ORGANIZATIONS AND THE
17 GENERAL PUBLIC, and to deliver services to aid citizens and reduce human
18 suffering resulting from a disaster shall include, but not be limited
19 to:
20 (1) coordination of resources, manpower and services, using recognized
21 practices in incident management, utilizing existing organizations and
22 lines of authority and centralized direction of requests for assistance;
23 (2) the location, procurement, construction, processing, transporta-
24 tion, storing, maintenance, renovation, distribution, disposal or use of
25 materials, including those donated, and facilities and services which
26 may be required in time of disaster;
27 (3) a system for warning AND COMMUNICATING WITH populations who are or
28 may be endangered;
29 (4) arrangements for activating municipal, PRIVATE AGENCY and volun-
30 teer forces, through normal chains of command so far as possible, and
31 for continued communication and reporting;
32 (5) a specific plan for rapid and efficient communication and for the
33 integration of local communication facilities during a disaster includ-
34 ing the assignment of responsibilities and the establishment of communi-
35 cation priorities and liaison with municipal, private, state and federal
36 communication facilities;
37 (6) a plan for coordination 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, CLOTHING, AND NECES-
42 SARY MEDICAL CARE. IN ADDITION, SUCH HOUSING AND SHELTERS SHALL HAVE
43 ADEQUATE STAFFING LEVELS TO CARE FOR THE BASIC NEEDS OF ALL SUCH
44 DISPLACED INDIVIDUALS AND FAMILIES, INCLUDING SPECIAL NEEDS POPULATIONS
45 SUCH AS FAMILY UNITS WITH YOUNG CHILDREN, PREGNANT WOMEN, THE ELDERLY,
46 PERSONS WITH DISABILITIES, PERSONS WITH MENTAL DISABILITIES AS DEFINED
47 IN THE MENTAL HYGIENE LAW, THE HOMELESS AND OTHER VULNERABLE
48 POPULATIONS;
49 (7) criteria for establishing priorities with respect to the restora-
50 tion of vital services and debris removal;
51 (8) plans for the continued effective operation of the civil and crim-
52 inal justice systems;
53 (9) provisions for training local government AND PRIVATE AGENCY
54 personnel and volunteers in disaster response operations;
55 (10) providing information to the public;
S. 5271--A 11
1 (11) care for the injured and needy and identification and disposition
2 of the dead;
3 (12) utilization and coordination of programs to assist victims of
4 disasters, with particular attention to the needs of the poor, THE
5 DISPLACED, FAMILIES WITH CHILDREN, the elderly, individuals with disa-
6 bilities and other groups which may be especially affected;
7 (13) control of ingress and egress to and from a disaster area;
8 (14) arrangements to administer state and federal disaster assistance;
9 (15) procedures under which the county, city, town, village or other
10 political subdivision, PRIVATE AGENCY and emergency organization person-
11 nel and resources will be used in the event of a disaster;
12 (16) a system for obtaining and coordinating disaster information
13 including the centralized assessment of local disaster effects and
14 resultant needs;
15 (17) continued operation of governments of political subdivisions; and
16 (18) utilization and coordination of programs to assist individuals
17 with household pets and service animals following a disaster, with
18 particular attention to means of evacuation, shelter and transportation
19 options.
20 c. Recovery. Local plans to provide for recovery and redevelopment
21 after disasters shall include, but not be limited to:
22 (1) recommendations for replacement, reconstruction, removal or relo-
23 cation of damaged or destroyed public or private facilities INCLUDING,
24 BUT NOT LIMITED TO, ROADS, RAILWAYS, AIRPORTS, TELECOMMUNICATIONS,
25 PUBLIC UTILITIES AND HEALTH CARE FACILITIES, proposed new or amendments
26 to zoning, subdivision, building, COASTAL AREA, INLAND WATERWAY AREA,
27 sanitary or fire prevention regulations and recommendations for economic
28 development and community development in order to minimize the impact of
29 any potential future disasters on the community.
30 (2) provision for cooperation with state and federal agencies in
31 recovery efforts.
32 (3) provisions for training and educating local disaster officials or
33 organizations AND PRIVATE AGENCIES in the preparation of applications
34 for federal and state disaster recovery assistance.
35 S 7. Subdivisions 2 and 5 of section 23-a of the executive law, as
36 added by chapter 658 of the laws of 1996, are amended to read as
37 follows:
38 2. Upon the establishment of a voluntary registry of disabled persons
39 as provided in subdivision one of this section, the chief executive
40 shall make such registry available to the appropriate county, PRIVATE,
41 state and federal agencies for their use in delivering services in the
42 event of a local or state disaster. The chief executive shall, upon the
43 request of the [state] OFFICE OF emergency management [office], provide
44 such registry information to such office. The chief executive may, at
45 his OR HER discretion, use the registry information for local disaster
46 preparedness only in coordination with other political subdivisions of
47 the state.
48 5. All community-based services providers, including home health care
49 providers AND PRIVATE AGENCIES, shall assist the chief executive by
50 collecting registration information for people with special needs as
51 part of program intake processes, establishing programs to increase the
52 awareness of the registration process, and educating clients about the
53 procedures that may be necessary for their safety during disasters.
54 S 8. Section 23-b of the executive law, as added by chapter 589 of the
55 laws of 2008, subdivision 4 as added by chapter 115 of the laws of 2010,
56 is amended to read as follows:
S. 5271--A 12
1 S 23-b. [Nursing home and assisted living] HEALTH CARE facility plans.
2 1. After consultation with the commissioner of health, the director of
3 the office for the aging, and the [director] COMMISSIONER of the [state
4 office] DIVISION of homeland security AND EMERGENCY SERVICES, AND
5 CONSISTENT WITH THE DISASTER PREPAREDNESS PLAN ESTABLISHED PURSUANT TO
6 SECTION TWENTY-EIGHT HUNDRED SIX-C OF THE PUBLIC HEALTH LAW, the commis-
7 sion shall establish standards for [nursing homes, adult homes, enriched
8 housing programs and assisted living residences] HEALTH CARE FACILITIES
9 regarding disaster preparedness.
10 2. Each such facility shall be assisted in the establishment of a
11 disaster preparedness plan. The plan shall include, but not be limited
12 to, the following:
13 (a) Maintaining a supply of food, water and to the extent deemed
14 necessary and feasible in the reasonable judgment of the operator of the
15 facility, THE PROVISION OF MEDICAL CARE AND medication in reserve in the
16 event that obtaining such items should become difficult or impossible.
17 (b) [In the reasonable judgment of the facility, having] HAVING access
18 to a generator or generators OR ALTERNATIVE SOURCES sufficient to supply
19 electrical power AND TELECOMMUNICATIONS CAPABILITIES to the facility.
20 (c) Establishing an evacuation plan for residents AND/OR PATIENTS
21 including an alternative site suitable for temporary use.
22 (d) Establishing [staffing] plans WHICH PROVIDE FOR NECESSARY STAFFING
23 during a disaster.
24 3. Such plans shall be [made available to] FILED WITH the county emer-
25 gency management office AND THE COMMISSION.
26 4. Nothing in this section shall be deemed to modify or override any
27 requirements in regulations duly promulgated by a state agency, or to
28 limit any lawful authority of a state agency to promulgate regulations,
29 with respect to disaster preparedness of such facilities, the contents
30 of their disaster preparedness plans or the process for approval of
31 those plans.
32 S 9. Section 23-c of the executive law, as added by chapter 415 of the
33 laws of 2009, is amended to read as follows:
34 S 23-c. Consistency among local disaster preparedness plans. 1. The
35 local disaster preparedness plans for each county, city, town, [or]
36 village OR PRIVATE AGENCY shall be so developed that no part of the
37 local disaster preparedness plan of any county or any city, town, [or]
38 village OR PRIVATE AGENCY within such county conflicts with any part of
39 the local disaster preparedness plan of any of the other said entities
40 within such county or such county itself. In the event of any such
41 conflict, such conflict shall be resolved by such county. The provisions
42 of this subdivision shall not apply to a city wholly containing more
43 than one county or to any county wholly contained within any such city.
44 2. In the event that any part of the local disaster preparedness plan
45 of any county or any city, town, [or] village OR PRIVATE AGENCY within
46 such county conflicts with any part of the local disaster preparedness
47 plan of any other county or any city, town, [or] village OR PRIVATE
48 AGENCY within any such other county, such conflict shall be resolved by
49 the [state] OFFICE OF emergency management [office], as defined in para-
50 graph (e) of subdivision one of section twenty-nine-e of this article.
51 The provisions of this subdivision shall not apply to any county wholly
52 contained within a city wholly containing more than one county. Any city
53 wholly containing more than one county shall be subject to the
54 provisions of this subdivision as if it were a county.
55 3. [Said state] THE OFFICE OF emergency management [office] is hereby
56 authorized and directed to promulgate any rules or regulations or take
S. 5271--A 13
1 any other measures necessary to effectuate the provisions of this
2 section.
3 S 10. Subdivisions 3 and 4 of section 25 of the executive law, as
4 added by chapter 640 of the laws of 1978, are amended to read as
5 follows:
6 3. A chief executive may also request and accept assistance from any
7 other political subdivision OR PRIVATE AGENCY and may receive therefrom
8 and utilize any real or personal property or the service of any person-
9 nel thereof on such terms and conditions as may be mutually agreed to by
10 the chief executives of the requesting and assisting political subdivi-
11 sions AND THE HEAD OF THE PRIVATE AGENCY.
12 4. Upon the receipt of a request for assistance made pursuant to
13 subdivision two or three of this section, the chief executive of any
14 political subdivision OR PRIVATE AGENCY may give, lend or lease, on such
15 terms and conditions as he OR SHE may deem necessary to promote the
16 public welfare and protect the interests of such political subdivision
17 OR PRIVATE AGENCY, any services, equipment, facilities, supplies or
18 other resources of his OR HER political subdivision OR PRIVATE AGENCY.
19 Any lease or loan of real or personal property pursuant to this subdivi-
20 sion, or any transfer of personnel pursuant hereto, shall be only for
21 the purpose of assisting a political subdivision in emergency relief,
22 reconstruction, or rehabilitation made necessary by the disaster.
23 S 11. Subdivisions 2 and 3 of section 28-a of the executive law, as
24 amended by chapter 641 of the laws of 1978, are amended to read as
25 follows:
26 2. The commission AND PRIVATE AGENCIES shall provide technical assist-
27 ance in the development of such plans upon the request of such county,
28 city, town or village.
29 3. A local recovery and redevelopment plan shall include, but need not
30 be limited to: plans for replacement, reconstruction, removal or relo-
31 cation of damaged or destroyed facilities AND PUBLIC UTILITIES; proposed
32 new or amended regulations such as zoning, subdivision, building, COAS-
33 TAL AREA, INLAND WATERWAY AREA or sanitary ordinances and codes; THE
34 PLANS OF PRIVATE AGENCIES RELATED TO DISASTER RECOVERY AND REDEVELOP-
35 MENT; and plans for economic recovery and community development. Such
36 plans shall take into account and to the extent practicable incorporate
37 relevant existing plans and policies and such plans shall take into
38 account the need to minimize the potential impact of any future disas-
39 ters on the community.
40 S 12. Section 29 of the executive law, as added by chapter 640 of the
41 laws of 1978, is amended to read as follows:
42 S 29. Direction of state agency assistance in a disaster emergency.
43 Upon the declaration of a state disaster emergency the governor may
44 direct any and all agencies of the state government AND REQUEST COOPER-
45 ATION FROM PRIVATE AGENCIES to provide assistance under the coordination
46 of the disaster preparedness commission. Such state assistance may
47 include: (1) utilizing, lending, or giving to political subdivisions,
48 with or without compensation therefor, equipment, supplies, facilities,
49 services of state OR PRIVATE AGENCY personnel, and other resources,
50 other than the extension of credit; (2) distributing medicine, medical
51 supplies, food and other consumable supplies through any public or
52 private agency authorized to distribute the same; (3) performing on
53 public or private lands temporary emergency work essential for the
54 protection of public health and safety, clearing debris and wreckage,
55 making emergency repairs to and temporary replacements of public facili-
56 ties of political subdivisions OR PUBLIC UTILITIES damaged or destroyed
S. 5271--A 14
1 as a result of such disaster; and (4) making such other use of their
2 facilities, equipment, supplies and personnel as may be necessary to
3 assist in coping with the disaster or any emergency resulting therefrom.
4 S 13. Section 29-a of the executive law, as added by chapter 640 of
5 the laws of 1978, subdivision 1 as amended by section 7 of part G of
6 chapter 55 of the laws of 2012, is amended to read as follows:
7 S 29-a. Suspension of other laws. 1. Subject to the state constitu-
8 tion, the federal constitution and federal statutes and regulations, the
9 governor may by executive order temporarily suspend specific provisions
10 of any statute, local law, ordinance, [or] orders, rules or regulations,
11 or parts thereof, of any agency during a state disaster emergency, if
12 compliance with such provisions would prevent, hinder, or delay action
13 necessary to cope with OR RECOVER FROM the disaster.
14 2. Suspensions pursuant to subdivision one of this section shall be
15 subject to the following standards and limits:
16 a. no suspension shall be made for a period in excess of [thirty]
17 SIXTY days, provided, however, that upon reconsideration of all of the
18 relevant facts and circumstances, the governor may extend the suspension
19 for additional periods not to exceed thirty days each;
20 b. no suspension shall be made which does not safeguard the health and
21 welfare of the public and which is not reasonably necessary to the
22 disaster effort;
23 c. any such suspension order shall specify the statute, local law,
24 ordinance, order, rule or regulation or part thereof to be suspended and
25 the terms and conditions of the suspension;
26 d. the order may provide for such suspension only under particular
27 circumstances, and may provide for the alteration or modification of the
28 requirements of such statute, local law, ordinance, order, rule or regu-
29 lation suspended, and may include other terms and conditions;
30 e. any such suspension order shall provide for the minimum deviation
31 from the requirements of the statute, local law, ordinance, order, rule
32 or regulation suspended consistent with the disaster action deemed
33 necessary; and
34 f. when practicable, specialists shall be assigned to assist with the
35 related emergency AND RECOVERY actions to avoid needless adverse effects
36 resulting from such suspension.
37 3. Such suspensions shall be effective from the time and in the manner
38 prescribed in such orders and shall be published as soon as practicable
39 in the state bulletin.
40 4. The legislature may terminate by concurrent resolution executive
41 orders issued under this section at any time.
42 S 14. Subdivision 1 of section 29-b of the executive law, as amended
43 by section 7 of part B of chapter 56 of the laws of 2010, is amended to
44 read as follows:
45 1. The governor may, in his or her discretion, direct the state
46 disaster preparedness commission to conduct an emergency exercise or
47 drill, under its direction, in which all or any of the personnel and
48 resources of the agencies of [the commission of] the state AND IN COOP-
49 ERATION WITH PRIVATE AGENCIES may be utilized to perform the duties
50 assigned to them in a disaster, for the purpose of protecting and
51 preserving human life or property in a disaster. During a disaster or
52 such drill or exercise, disaster emergency response personnel in the
53 state shall operate under the direction and command of the chair of such
54 commission, and shall possess the same powers, duties, rights, privi-
55 leges and immunities as are applicable in a civil defense drill held at
S. 5271--A 15
1 the direction of the state civil defense commission under the provisions
2 of the New York state defense emergency act.
3 S 15. Subdivision 1 of section 29-e of the executive law, as added by
4 chapter 603 of the laws of 1993, paragraph (e) as amended by section 8
5 of part B of chapter 56 of the laws of 2010, is amended to read as
6 follows:
7 1. For purposes of this section the following terms shall have the
8 following meanings:
9 (a) "Infrastructure" shall mean and include publicly owned storm and
10 sanitary sewers, water supply systems, drainage systems, PUBLIC UTILI-
11 TIES, transportation systems, roads and bridges.
12 (b) "Municipality" shall mean any county, city, village, or town of
13 the state.
14 (c) "Public facilities" shall mean and include publicly owned build-
15 ings, including traditional government buildings, such as courthouses,
16 firehouses, police stations, parks, recreational facilities, and correc-
17 tional facilities.
18 (d) "Fund" shall mean the state's contingency reserve fund established
19 by law.
20 (e) ["The office] "OFFICE of emergency management" shall mean the
21 office OF EMERGENCY MANAGEMENT within the division of homeland security
22 and emergency services.
23 S 16. Subparagraph 1 of paragraph (b) of subdivision 3 of section 29-g
24 of the executive law, as added by chapter 299 of the laws of 2001, is
25 amended to read as follows:
26 (1) A description of the emergency service function for which assist-
27 ance is needed, such as, but not limited to, fire services, law enforce-
28 ment, emergency medical, transportation, communications, public works
29 and engineering, building inspection, planning and information assist-
30 ance, mass care, PROVISION OF SHELTER TO DISPLACED INDIVIDUALS AND FAMI-
31 LIES, resource support, health and medical services, and search and
32 rescue.
33 S 17. Subdivision 1 of section 377 of the executive law, as amended by
34 chapter 309 of the laws of 1996, is amended to read as follows:
35 1. The council shall formulate a uniform fire prevention and building
36 code which shall take effect on the first day of January, nineteen
37 hundred eighty-four. The council may from time to time amend particular
38 provisions of the uniform code and shall periodically review the entire
39 code to assure that it effectuates the purposes of this article and the
40 specific objectives and standards hereinafter set forth. IN THE FORMU-
41 LATION OF SUCH CODE, BOTH THE COUNCIL AND SECRETARY, IN CONSULTATION
42 WITH THE DISASTER PREPAREDNESS COMMISSION, MAY ESTABLISH STANDARDS WHICH
43 PROVIDE FOR THE OPTIMAL SURVIVABILITY OF ALL BUILDINGS, INCLUDING COMMU-
44 NITY BUILDINGS AND FACILITIES, IN THE CASE OF A DISASTER, PARTICULARLY
45 THOSE COMMUNITY BUILDINGS AND FACILITIES LOCATED IN COASTAL AREAS AND
46 INLAND WATERWAY AREAS THAT MAY BE USED AS EMERGENCY SHELTERS, COMMAND
47 CENTERS OR TO RESPOND TO A NATURAL DISASTER. FURTHERMORE, THE UNIFORM
48 CODE SHALL ESTABLISH STANDARDS FOR THE SURVIVABILITY AND OPERATION OF
49 BACK-UP GENERATORS AND ALTERNATIVE ELECTRICITY SOURCES FOR HOSPITALS AND
50 RESIDENTIAL HEALTH CARE FACILITIES DURING A DISASTER. The secretary
51 shall conduct public hearings on said uniform code and any amendment
52 thereto. The secretary shall review such code or amendment, together
53 with any changes incorporated by the council as a result of such hear-
54 ings, to insure that it effectuates the purposes of this article. Upon
55 being so satisfied, the secretary shall approve said code or amendment
56 prior to its becoming effective.
S. 5271--A 16
1 S 18. Subdivision 1 of section 713 of the executive law, as amended by
2 section 16 of part B of chapter 56 of the laws of 2010, is amended to
3 read as follows:
4 1. Notwithstanding any other provision of law, the commissioner of the
5 division of homeland security and emergency services shall conduct a
6 review and analysis of measures being taken by the public service
7 commission and any other agency or authority of the state or any poli-
8 tical subdivision thereof and, to the extent practicable, of any federal
9 entity, to protect the security of critical infrastructure related to
10 energy generation and transmission located within the state BOTH DURING
11 TIMES OF NORMAL OPERATIONS, AND BEFORE, DURING AND AFTER THE OCCURRENCE
12 OF VARIOUS TYPES OF NATURAL DISASTERS. The commissioner of the division
13 of homeland security and emergency services shall have the authority to
14 review any audits or reports related to the security of such critical
15 infrastructure, including audits or reports conducted at the request of
16 the public service commission or any other agency or authority of the
17 state or any political subdivision thereof or, to the extent practica-
18 ble, of any federal entity. The owners and operators of such energy
19 generating or transmission facilities shall, in compliance with any
20 federal and state requirements regarding the dissemination of such
21 information, provide access to the commissioner of the division of home-
22 land security and emergency services to such audits or reports regarding
23 such critical infrastructure provided, however, that exclusive custody
24 and control of such audits and reports shall remain solely with the
25 owners and operators of such energy generating or transmission facili-
26 ties. For the purposes of this article, the term "critical infrastruc-
27 ture" has the meaning ascribed to that term in subdivision five of
28 section eighty-six of the public officers law.
29 S 19. The public service law is amended by adding two new sections 5-a
30 and 5-c to read as follows:
31 S 5-A. NATURAL DISASTER PREPAREDNESS. 1. EVERY UTILITY COMPANY, WIRE-
32 LESS COMMUNICATIONS SERVICE PROVIDER AND CABLE TELEVISION COMPANY SHALL
33 FILE A NATURAL DISASTER PREPAREDNESS PLAN WITH THE COMMISSION FOR ITS
34 APPROVAL, AND PERIODICALLY UPDATE SUCH PLAN AS SHALL BE PROVIDED FOR BY
35 THE COMMISSION. EACH SUCH PLAN AND UPDATE THEREOF SHALL SPECIFY THE
36 PERSONNEL AND RESOURCES THAT WILL BE UTILIZED IN THE EVENT OF A DISAS-
37 TER, AND VARIOUS ACTION PLANS TO BE UNDERTAKEN IN THE EVENT OF VARIOUS
38 TYPES OF NATURAL DISASTERS. UPON THE APPROVAL OF SUCH PLAN, THE COMMIS-
39 SION SHALL FORWARD A COPY OF EACH SUCH PLAN TO THE DISASTER PREPAREDNESS
40 COMMISSION AND EACH OF THE APPROPRIATE LOCALITIES WHICH HAVE ADOPTED A
41 LOCAL COMPREHENSIVE EMERGENCY MANAGEMENT PLAN.
42 2. THE COMMISSION MAY ESTABLISH INDUSTRY SPECIFIC STANDARDS FOR
43 ACCEPTABLE PERFORMANCE OF EACH UTILITY, REQUIRED TO ESTABLISH AND FILE A
44 NATURAL DISASTER PREPAREDNESS PLAN PURSUANT TO SUBDIVISION ONE OF THIS
45 SECTION, IN THE EVENT OF A NATURAL DISASTER TO PROTECT PUBLIC HEALTH AND
46 SAFETY OF ITS RATEPAYERS AND THE GENERAL PUBLIC, TO ENSURE THE RELIABIL-
47 ITY OF SUCH UTILITY'S SERVICES TO PREVENT AND MINIMIZE THE NUMBER OF
48 SERVICE OUTAGES OR DISRUPTIONS, AND TO REDUCE THE DURATION OF SUCH
49 OUTAGES AND DISRUPTIONS, AND TO FACILITATE RESTORATION OF SUCH SERVICES
50 AFTER SUCH OUTAGES OR DISRUPTIONS. THE COMMISSION MAY UTILIZE, IN RATE
51 SETTING PROCEEDINGS, TO RECOVER THE REASONABLE COSTS INCURRED TO MAIN-
52 TAIN OR IMPROVE THE RESILIENCY OF THE UTILITY'S INFRASTRUCTURE NECESSARY
53 TO COMPLY WITH THE STANDARDS ESTABLISHED PURSUANT TO THIS SUBDIVISION.
54 3. THE STANDARDS ESTABLISHED BY THE COMMISSION SHALL INCLUDE:
55 (A) THE ESTABLISHMENT OF A COMMUNICATIONS PLAN BETWEEN EACH UTILITY
56 AND ITS CUSTOMERS, INCLUDING DURING OTHER THAN NORMAL BUSINESS HOURS;
S. 5271--A 17
1 (B) THE ESTABLISHMENT OF COMMUNICATION AND COORDINATION PROTOCOLS
2 DEFINING INTERACTIONS BETWEEN EACH UTILITY AND STATE, LOCAL AND PRIVATE
3 EMERGENCY MANAGEMENT ORGANIZATIONS, RELATING TO EMERGENCY PREPARATION,
4 ROADWAY CLEARING AND THE ESTABLISHMENT OF RESTORATION PRIORITIES; AND
5 (C) ANY OTHER STANDARDS FOR ACCEPTABLE PERFORMANCE BY A UTILITY TO
6 ENSURE THE RELIABILITY OF SERVICES BEFORE, DURING AND AFTER A NATURAL
7 DISASTER, TO PREVENT AND MINIMIZE ANY SERVICE OUTAGES OR DISRUPTIONS.
8 S 5-C. NATURAL DISASTER PREPAREDNESS PLAN EVALUATION. THE COMMISSION
9 SHALL WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE OCCURRENCE OF A STATE
10 DISASTER EMERGENCY OR A LOCAL STATE OF EMERGENCY CAUSED BY A NATURAL
11 DISASTER, AND SUBJECT TO SUCH PUBLIC HEARINGS AS IT SHALL DETERMINE TO
12 BE NECESSARY, EVALUATE THE EFFECTIVENESS OF NATURAL DISASTER PREPARED-
13 NESS PLANS, ADOPTED PURSUANT TO SECTION FIVE-A OF THIS ARTICLE, WHICH
14 WERE IMPLEMENTED DURING SUCH DISASTER. IN EVALUATING ALL SUCH PLANS, THE
15 REPORT OF THE COMMISSION SHALL CONSIDER:
16 1. THE OVERALL EFFECTIVENESS OF EACH NATURAL DISASTER PREPAREDNESS
17 PLAN AND HOW IT INTERFACED WITH THE STATE EMERGENCY MANAGEMENT PLAN AND
18 WITH EACH LOCAL EMERGENCY MANAGEMENT PLAN, AS SUCH PLANS RELATED TO:
19 MITIGATION OF THE LOSS OF HUMAN LIFE AND DAMAGE TO PROPERTY, RESCUE AND
20 RESPONSE TIMES BY EMERGENCY RESPONDERS, ABILITY FOR EACH PLAN TO COORDI-
21 NATE ITS EFFORTS WITH ALL OTHER EMERGENCY MANAGEMENT PLANS, THE CAPACITY
22 OF THE PUBLIC UTILITY TO EFFECTIVELY COMMUNICATE WITH STATE AND LOCAL
23 AGENCIES AND THE GENERAL PUBLIC, AND THE TIMELINESS OF THE RESTORATION
24 OF PUBLIC UTILITY SERVICES;
25 2. THE EFFECTIVENESS OF EACH PLAN TO SATISFY THE ARTICULATED GOALS OF
26 SUCH PLAN AS IT RELATES TO THE ANTICIPATED TIME IN WHICH PLAN WAS ACTI-
27 VATED, WHETHER SUCH PLAN SHOULD HAVE BEEN ACTIVATED AT AN EARLIER TIME,
28 OVERALL EMERGENCY RESPONSE AND UTILITY RESTORATION TIMES OF THE PUBLIC
29 UTILITY, THE EFFECTIVENESS OF THE PERSONNEL COVERED UNDER SUCH PLAN
30 INCLUDING, BUT NOT LIMITED TO, ADEQUATE TRAINING AND PERFORMANCE OF
31 ASSIGNED TASKS BY SUCH PERSONNEL, AND THE PROVISION OF NEEDED SUPPLIES
32 TO SUCH PERSONNEL; AND
33 3. THE OVERALL STRENGTHS AND WEAKNESSES OF EACH NATURAL DISASTER
34 PREPAREDNESS PLAN, ITS SHORTCOMINGS AND ITEMS THAT COULD BE IMPROVED
35 UPON TO BETTER SATISFY THE ARTICULATED GOALS AND THE REQUIREMENTS ESTAB-
36 LISHED BY THE COMMISSION, AND MEANS TO IMPROVE THE EFFECTIVENESS AND
37 COOPERATIVE EFFORTS WITH OTHER EMERGENCY MANAGEMENT PLANS.
38 S 20. The public health law is amended by adding a new section 2806-c
39 to read as follows:
40 S 2806-C. NATURAL DISASTER PREPAREDNESS. IN CONJUNCTION WITH THEIR
41 DUTIES PURSUANT TO SECTION TWENTY-THREE-B OF THE EXECUTIVE LAW, EVERY
42 HOSPITAL AND RESIDENTIAL HEALTH CARE FACILITY SHALL FILE A NATURAL
43 DISASTER PREPAREDNESS PLAN WITH THE COUNCIL FOR ITS APPROVAL, AND UPDATE
44 SUCH PLAN AS PROVIDED BY THE COUNCIL. EACH SUCH PLAN SHALL SPECIFY THE
45 PERSONNEL AND RESOURCES THAT WILL BE UTILIZED IN THE EVENT OF A NATURAL
46 DISASTER, AND VARIOUS ACTION PLANS TO BE UNDERTAKEN IN THE EVENT OF
47 VARIOUS TYPES OF NATURAL DISASTERS. EVERY DISASTER PREPAREDNESS PLAN AND
48 UPDATE THEREOF MAY PROVIDE FOR THE ACQUISITION AND OPERATION OF SURVIV-
49 ABLE BACK-UP GENERATORS OR ALTERNATIVE ENERGY SOURCES IN THE EVENT OF A
50 DISASTER. UPON THE APPROVAL OF A NATURAL DISASTER PREPAREDNESS PLAN AND
51 UPON EACH UPDATE THEREOF, THE COUNCIL SHALL FORWARD A COPY OF EACH SUCH
52 PLAN TO THE DISASTER PREPAREDNESS COMMISSION AND EACH OF THE APPROPRIATE
53 LOCALITIES WHICH HAVE ADOPTED A LOCAL COMPREHENSIVE EMERGENCY MANAGEMENT
54 PLAN.
55 S 21. The chair of the disaster preparedness commission, the commis-
56 sioner of transportation, the commissioner of agriculture and markets,
S. 5271--A 18
1 the chairman of the public service commission, the state fire adminis-
2 trator and the chair of the New York state energy research and develop-
3 ment authority shall jointly examine, evaluate and make recommendations
4 concerning the costs and means of hardening buildings, infrastructure,
5 public utility facilities, energy sources and health care facilities to
6 ensure their continued operation before, during and after a natural
7 disaster. The findings and recommendations of such group shall be
8 reported to the governor and the legislature within one year of the
9 effective date of this act.
10 S 22. This act shall take effect on the one hundred eightieth day
11 after it shall have become a law.