S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5271
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 12, 2015
                                      ___________
       Introduced  by  Sens. AVELLA, CARLUCCI, SAVINO -- read twice and ordered
         printed, and when printed to be committed to the Committee  on  Veter-
         ans, Homeland Security and Military Affairs
       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
   20  so as to minimize the loss of life, human suffering, property  loss  and
   21  reduction in business activity. Finally, both public and private infras-
   22  tructures  should  be  designed  and  constructed to minimize the damage
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10286-03-5
       S. 5271                             2
    1  thereto caused by any disaster and so as to facilitate  the  repair  and
    2  restoration thereof after a disaster.
    3    S  3. Section 20 of the executive law, as amended by section 1 of part
    4  B of chapter 56 of the laws of 2010, paragraphs i, j and k  of  subdivi-
    5  sion  2  as  added  by  section 1 of part G of chapter 55 of the laws of
    6  2012, is amended to read as follows:
    7    S 20. Natural and man-made disasters; policy; definitions. 1. It shall
    8  be the policy of the state that:
    9    a. local government and emergency service organizations continue their
   10  essential role as the first line of defense in times  of  disaster,  and
   11  that the state provide [appropriate] TIMELY AND COMPREHENSIVE supportive
   12  services to the extent necessary;
   13    b.  local  chief  executives  take  an active and personal role in the
   14  development and implementation of STATE AND LOCAL disaster  preparedness
   15  programs  and  be vested with authority and responsibility, WITH ASSIST-
   16  ANCE FROM THE STATE, in order to [insure] ENSURE  the  success  of  such
   17  programs;
   18    c.  state  and local natural disaster and emergency response functions
   19  be coordinated using recognized practices  in  incident  management  AND
   20  RISK  MANAGEMENT  PRACTICES in order to bring the fullest protection and
   21  benefit to the people;
   22    d. state resources SHALL  be  organized  and  prepared  for  immediate
   23  effective response to disasters which [are] MAY BE beyond the capability
   24  of local governments and emergency service organizations; [and]
   25    e.  state and local plans, organizational arrangements[,] and response
   26  capability required to execute the provisions of this article  shall  at
   27  all  times be the most effective that current AND REASONABLY ANTICIPATED
   28  circumstances and existing resources allow[.]; AND
   29    F. STATE AND LOCAL  GOVERNMENT  AND  EMERGENCY  SERVICE  ORGANIZATIONS
   30  SHALL  CONSIDER  AND  INCORPORATE  INTO  EVERY  STATE AND LOCAL DISASTER
   31  PREPAREDNESS PLAN, THE EMERGENCY MANAGEMENT PLANS SUBMITTED  BY  PRIVATE
   32  AGENCIES.
   33    2.  As used in this article the following terms shall have the follow-
   34  ing meanings:
   35    a. "disaster" means occurrence or imminent threat of  wide  spread  or
   36  severe  damage,  injury,  or loss of life or property resulting from any
   37  natural or man-made causes, including, but not limited to, fire,  flood,
   38  earthquake,  hurricane,  tornado, high water, landslide, mudslide, wind,
   39  storm, WIND STORM, wave action, volcanic activity, epidemic, air contam-
   40  ination, terrorism, cyber event, blight,  drought,  infestation,  explo-
   41  sion, radiological accident, nuclear, chemical, biological[,] or bacter-
   42  iological  release,  water contamination, DAM FAILURE, ICE STORM, bridge
   43  failure or bridge collapse.
   44    b. "state disaster emergency" means a period beginning with a declara-
   45  tion by the governor that a disaster exists and ending upon  the  termi-
   46  nation thereof.
   47    c. "municipality" means a public corporation as defined in subdivision
   48  one  of  section sixty-six of the general construction law and a special
   49  district as defined in subdivision sixteen of section one hundred two of
   50  the real property tax law.
   51    d. "commission" means the  disaster  preparedness  commission  created
   52  pursuant to section twenty-one of this article.
   53    e. "emergency services organization" means a public or private agency,
   54  voluntary  organization  or  group  organized  and  functioning  for the
   55  purpose of providing fire, medical, ambulance, rescue, housing, food  or
   56  other services directed toward relieving human suffering, injury or loss
       S. 5271                             3
    1  of  life  or  damage  to property as a result of an emergency, including
    2  non-profit and  governmentally-supported  organizations,  but  excluding
    3  governmental agencies.
    4    f. "chief executive" means:
    5    (1) a county executive or manager of a county;
    6    (2) in a county not having a county executive or manager, the chairman
    7  or other presiding officer of the county legislative body;
    8    (3) a mayor of a city or village, except where a city or village has a
    9  manager, it shall mean such manager; and
   10    (4)  a  supervisor  of  a  town, except where a town has a manager, it
   11  shall mean such manager.
   12    g. ["Disaster] "DISASTER emergency response personnel" means agencies,
   13  public officers, employees, or affiliated volunteers having  duties  and
   14  responsibilities  under or pursuant to a comprehensive emergency manage-
   15  ment plan.
   16    h. ["Emergency] "EMERGENCY management director" means  the  government
   17  official  responsible  for emergency preparedness, response and recovery
   18  for a county, city, town, or village.
   19    i. "incident management team" means a state certified team of  trained
   20  personnel  from  different  departments,  organizations,  agencies,  and
   21  jurisdictions within the state, or a region of the state,  activated  to
   22  support  and  manage  major and/or complex incidents requiring a signif-
   23  icant number of local, regional, and state resources.
   24    j. "executive level officer" means a state  agency  officer  with  the
   25  authority to deploy agency assets and resources and make decisions bind-
   26  ing a state agency.
   27    k.  "third  party  non-state  resources" means any contracted resource
   28  that is not owned or controlled by the state or a political  subdivision
   29  including,  but  not  limited  to,  ambulances,  construction  crews, or
   30  contractors.
   31    L. "HEALTH CARE FACILITY" MEANS A HOSPITAL OR RESIDENTIAL HEALTH  CARE
   32  FACILITY,  AS  DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC
   33  HEALTH LAW.
   34    M. "PRIVATE AGENCY" MEANS A HEALTH CARE FACILITY OR A PUBLIC UTILITY.
   35    N. "PUBLIC UTILITY" MEANS A UTILITY COMPANY, AS DEFINED IN SECTION TWO
   36  OF THE PUBLIC SERVICE LAW, A CABLE TELEVISION  COMPANY,  AS  DEFINED  IN
   37  SECTION  TWO  HUNDRED  TWELVE  OF  THE PUBLIC SERVICE LAW, OR A WIRELESS
   38  COMMUNICATIONS SERVICE PROVIDER, AS DEFINED IN SECTION THREE HUNDRED ONE
   39  OF THE COUNTY LAW.
   40    S 4. Section 21 of the executive law, as amended by section 2 of  part
   41  B of chapter 56 of the laws of 2010, subdivision 1 as amended by chapter
   42  176  of  the  laws  of  2013, paragraph f of subdivision 3 as amended by
   43  section 3 of part G of chapter 55 of the laws of 2012, subdivision 5  as
   44  amended  by  section  4  of part G of chapter 55 of the laws of 2012, is
   45  amended to read as follows:
   46    S 21. Disaster preparedness commission established;  meetings;  powers
   47  and  duties.    1. There is hereby created in the executive department a
   48  disaster preparedness commission  consisting  of  the  commissioners  of
   49  transportation,  health,  division  of criminal justice services, educa-
   50  tion, economic development, agriculture and markets, housing and  commu-
   51  nity  renewal,  general  services,  labor,  environmental  conservation,
   52  mental health, parks, recreation and historic preservation,  corrections
   53  and  community supervision, children and family services, homeland secu-
   54  rity and emergency services, and people with developmental disabilities,
   55  the president of the New York  state  energy  research  and  development
   56  authority,  the  superintendents of state police and financial services,
       S. 5271                             4
    1  the secretary of state, the state fire administrator, the chair  of  the
    2  public  service commission, the adjutant general, the office of informa-
    3  tion technology services, and the office of victim services, the  chairs
    4  of  the  thruway  authority,  the office for the aging, the metropolitan
    5  transportation authority, the port authority of New York and New Jersey,
    6  the chief professional officer of the state coordinating chapter of  the
    7  American  Red  Cross and [three] SIX additional members, to be appointed
    8  by the governor, two of whom shall be  chief  executives,  ONE  OF  WHOM
    9  SHALL  BE  A  REPRESENTATIVE OF A PUBLIC UTILITY, ONE OF WHOM SHALL BE A
   10  REPRESENTATIVE OF A HEALTH CARE FACILITY AND ONE OF WHOM SHALL BE A RISK
   11  MANAGER.  Each member agency may designate an executive level officer of
   12  that agency, with responsibility for disaster preparedness matters,  who
   13  may  represent  that  agency  on the commission. The commissioner of the
   14  division of homeland security and  emergency  services  shall  serve  as
   15  chair of the commission, and the governor shall designate the vice chair
   16  of the commission. The members of the commission, except those who serve
   17  ex  officio,  shall  be  allowed  their  actual  and  necessary expenses
   18  incurred in the performance of their duties under this article but shall
   19  receive no additional compensation for  services  rendered  pursuant  to
   20  this article.
   21    2.  The  commission,  on  call of the chairperson, shall meet at least
   22  twice each year and at such other times as may be necessary. The  agenda
   23  and meeting place of all regular meetings shall be made available to the
   24  public  in  advance of such meetings and all such meetings shall be open
   25  to the public. The commission shall establish  quorum  requirements  and
   26  other  rules  and procedures regarding conduct of its meetings and other
   27  affairs.
   28    3. The commission shall have the  following  powers  and  responsibil-
   29  ities:
   30    a.  study  all  aspects  of  man-made  or natural disaster prevention,
   31  response and recovery;
   32    b. request and obtain from any  state  or  local  officer  or  agency,
   33  PRIVATE  AGENCY  OR  RISK MANAGER any information OR ADVICE necessary to
   34  the commission for the exercise of its responsibilities;
   35    c. prepare and, as appropriate, revise a state comprehensive emergency
   36  management plan. The commission shall report all revisions to such  plan
   37  by  March thirty-first of each year to the governor, the legislature and
   38  the chief judge of the state, unless a current version of  the  plan  is
   39  available to the public on the website of the division of homeland secu-
   40  rity  and  emergency  services.  In preparing such plans, the commission
   41  shall consult with federal and local officials, emergency service organ-
   42  izations including both  volunteer  and  commercial  emergency  response
   43  organizations,  PRIVATE  AGENCIES,  RISK  MANAGERS  and the public as it
   44  deems appropriate. To the extent such plans impact  upon  administration
   45  of  the civil and criminal justice systems of the state, including their
   46  operational and fiscal needs in times of disaster emergency, the commis-
   47  sion, its staff and any working  group,  task  force,  agency  or  other
   48  instrumentality  to which it may delegate responsibility to assist it in
   49  its duties shall consult with the chief administrator of the courts  and
   50  coordinate  their  preparation with him or her or with his or her repre-
   51  sentatives;
   52    d. prepare, keep current and distribute to chief  executives,  PRIVATE
   53  AGENCIES,  BUSINESS  ORGANIZATIONS,  and others an inventory of programs
   54  directly relevant to  prevention,  minimization  of  damage,  readiness,
   55  operations during disasters, and recovery following disasters;
       S. 5271                             5
    1    e.  direct  state  disaster  operations  and coordinate state disaster
    2  operations with local AND PRIVATE AGENCY disaster  operations  following
    3  the declaration of a state disaster emergency;
    4    f.  (1) unless it deems it unnecessary, create, following the declara-
    5  tion of a state disaster emergency,  a  temporary  organization  in  the
    6  disaster  area  to  provide  for integration and coordination of efforts
    7  among  the  various  federal,  state,  municipal  and  private  agencies
    8  involved.  The  commission,  upon a request from a municipality and with
    9  the approval of the governor, shall direct the temporary organization to
   10  assume direction of the local disaster operations of such  municipality,
   11  AND  COOPERATE  WITH  PRIVATE AGENCY DISASTER OPERATIONS for a specified
   12  period of time not to exceed thirty days, and in such cases such  tempo-
   13  rary  organization  shall  assume direction of such local disaster oper-
   14  ations, AND COOPERATE WITH PRIVATE AGENCY DISASTER OPERATIONS subject to
   15  the supervision of the commission. Upon the expiration of the thirty day
   16  period the commission, at the request of the  municipality,  may  extend
   17  the   temporary   organization's   direction   of  such  local  disaster
   18  operations, AND COOPERATE WITH PRIVATE AGENCY  DISASTER  OPERATIONS  for
   19  additional  periods  not  to  exceed thirty days. The commission, upon a
   20  finding that a municipality is unable to  manage  local  disaster  oper-
   21  ations,  may,  with  the  approval of the governor, direct the temporary
   22  organization to assume direction of the local AND PRIVATE AGENCY  disas-
   23  ter  operations of such municipality, for a specified period of time not
   24  to exceed thirty days, and in such  cases  such  temporary  organization
   25  shall  assume  direction of such local AND PRIVATE AGENCY disaster oper-
   26  ations, subject to the supervision of the commission. Upon expiration of
   27  the thirty day period the commission, after consultation with the  muni-
   28  cipality,  and  with the approval of the governor, may extend the tempo-
   29  rary organization's direction of such local AND PRIVATE AGENCY  disaster
   30  operations  for  additional  periods  not to exceed thirty days. In such
   31  event, such temporary organization may utilize such municipality's local
   32  resources, provided, however, that the state shall not be liable for any
   33  expenses incurred in using  such  municipality's  resources.  The  state
   34  shall  not  be  liable  for  the expenses incurred in using third party,
   35  non-state resources deployed to  the  affected  area  by  the  temporary
   36  organization, which are necessary to protect life and safety;
   37    (2) The state incident management team shall have the authority to act
   38  as  the  operational  arm  of the temporary organization. When called to
   39  duty and deployed by the state, members of any state or  local  incident
   40  management  team  shall  be  deemed temporary employees of the state and
   41  shall have the same privileges and immunities afforded to regular  state
   42  employees, subject to the rules and regulations promulgated by the pres-
   43  ident  of  the  state  civil  service commission pursuant to section one
   44  hundred sixty-three of the civil service law;
   45    g. assist in the coordination of federal recovery efforts and  coordi-
   46  nate recovery assistance by state and private agencies;
   47    h. provide for periodic briefings, drills, exercises or other means to
   48  assure  that  all  state,  MUNICIPAL  AND  PRIVATE AGENCY personnel with
   49  direct, SUPERVISORY OR IMPLEMENTATION responsibilities in the event of a
   50  disaster are fully familiar with response and  recovery  plans  and  the
   51  manner in which they shall carry out their responsibilities, and coordi-
   52  nate  with federal, local, PRIVATE AGENCY or other state personnel. Such
   53  activities may take place on a regional  or  county  basis,  and  local,
   54  PRIVATE  AGENCY  and  federal participation shall be invited and encour-
   55  aged;
       S. 5271                             6
    1    i. submit to the governor, the legislature and the chief judge of  the
    2  state  by  March  thirty-first of each year an annual report which shall
    3  include but need not be limited to:
    4    (1) a summary of commission, MUNICIPAL, PRIVATE AGENCY and state agen-
    5  cy  activities  for the year and plans for the ensuing year with respect
    6  to the duties and responsibilities of the commission;
    7    (2) recommendations on ways to improve state, PRIVATE AGENCY and local
    8  capability to prevent, prepare for, respond to and recover  from  disas-
    9  ters;
   10    (3) the status of the state, PRIVATE AGENCY and local plans for disas-
   11  ter  preparedness  and  response,  including the name of any locality OR
   12  PRIVATE AGENCY which has failed or refused to develop and implement  its
   13  own  disaster preparedness plan and program; and the extent to which all
   14  forms of local AND PRIVATE AGENCY emergency response  assets  have  been
   15  included,  and  accounted  for  in planning and preparation for disaster
   16  preparedness and response; [and]
   17    j. develop public service announcements to  be  distributed  to  tele-
   18  vision and radio stations and other media throughout the state informing
   19  the  public how to prepare and respond to disasters. Such public service
   20  announcements shall be distributed in English and such  other  languages
   21  as such commission deems appropriate[.]; AND
   22    K.  THE  COMMISSION  SHALL  WITHIN  ONE  HUNDRED EIGHTY DAYS AFTER THE
   23  OCCURRENCE OF A NATURAL DISASTER,  EVALUATE  THE  EFFECTIVENESS  OF  THE
   24  STATE  AND LOCAL EMERGENCY MANAGEMENT PLANS, AND THOSE PLANS ESTABLISHED
   25  BY PRIVATE AGENCIES THAT WERE ACTIVATED  IN  RESPONSE  TO  SUCH  NATURAL
   26  DISASTER.  IN EVALUATING ALL OF SUCH PLANS, THE REPORT OF THE COMMISSION
   27  MAY CONSIDER:
   28    (1) THE OVERALL EFFECTIVENESS OF THE STATE EMERGENCY  MANAGEMENT  PLAN
   29  AND  HOW IT INTERFACED WITH EACH LOCAL EMERGENCY MANAGEMENT PLAN AND THE
   30  PLANS ESTABLISHED BY PRIVATE AGENCIES, AS SUCH PLANS RELATED TO:   MITI-
   31  GATION  OF  THE  LOSS  OF  HUMAN LIFE AND DAMAGE TO PROPERTY, RESCUE AND
   32  RESPONSE TIMES BY EMERGENCY RESPONDERS, ABILITY FOR EACH PLAN TO COORDI-
   33  NATE ITS EFFORTS WITH ALL OTHER EMERGENCY MANAGEMENT PLANS, AND CAPACITY
   34  FOR EACH ADMINISTRATOR OF THE STATE, LOCAL AND PRIVATE AGENCY  PLANS  TO
   35  EFFECTIVELY  COMMUNICATE  WITH EACH OTHER, PERSONNEL UNDER THE DIRECTION
   36  OF OTHER JURISDICTIONS, THE GENERAL PUBLIC AND THOSE LOCATED OUTSIDE  OF
   37  THE DISASTER AREA;
   38    (2)  THE  EFFECTIVENESS  OF EACH INDIVIDUAL PLAN TO SATISFY THE ARTIC-
   39  ULATED GOALS OF SUCH PLAN AS IT RELATES TO THE ANTICIPATED TIME IN WHICH
   40  SUCH PLAN WAS ACTIVATED, WHETHER SUCH PLAN SHOULD HAVE BEEN ACTIVATED AT
   41  AN EARLIER OR LATER TIME, OVERALL EMERGENCY RESPONSE TIMES BY  COMPONENT
   42  PARTS  OF SUCH PLAN, TO MITIGATE OR CURTAIL THE LOSS OF TARGETED MUNICI-
   43  PAL OR PRIVATE AGENCY SERVICES, TO REINSTATE SUCH MUNICIPAL  OR  PRIVATE
   44  AGENCY SERVICES AFTER THE OCCURRENCE OF SUCH DISASTER, THE EFFECTIVENESS
   45  OF  PERSONNEL  COVERED  UNDER  SUCH  PLAN, INCLUDING, BUT NOT LIMITED TO
   46  ADEQUATE TRAINING AND PERFORMANCE OF ASSIGNED TASKS BY  SUCH  PERSONNEL;
   47  AND
   48    (3)  THE OVERALL STRENGTHS AND WEAKNESSES OF EACH EMERGENCY MANAGEMENT
   49  PLAN, ITS SHORTCOMINGS AND ITEMS THAT COULD BE IMPROVED UPON  TO  BETTER
   50  SATISFY THE ARTICULATED GOALS OF SUCH PLAN AND IMPROVE THE EFFECTIVENESS
   51  AND COOPERATIVE EFFORTS WITH AND BY OTHER ACTIVATED EMERGENCY MANAGEMENT
   52  PLANS TO BE BETTER PREPARED FOR FUTURE DISASTERS.
   53    AFTER  THE  COMPLETION OF SUCH EVALUATION, THE COMMISSION SHALL REPORT
   54  ITS FINDINGS AND RECOMMENDATIONS DERIVED  FROM  THE  EVALUATION  TO  THE
   55  GOVERNOR,  THE  LEGISLATURE, APPROPRIATE EMERGENCY MANAGEMENT AGENCY AND
       S. 5271                             7
    1  THE STATES WHICH COOPERATE WITH THE STATE OF NEW YORK FOR  THE  PURPOSES
    2  OF THIS ARTICLE.
    3    4.  All  powers  of the state civil defense commission are assigned to
    4  the commission.
    5    5. The [state] office of emergency management within the  division  of
    6  homeland  security and emergency services shall serve as the operational
    7  arm  of  the  commission  and  shall  be  responsible  for  implementing
    8  provisions  of  this  article  and the rules and policies adopted by the
    9  commission. The director of the [state] office of  emergency  management
   10  within  the  division  of homeland security and emergency services shall
   11  exercise the authority given to the disaster preparedness commission  in
   12  section  twenty-nine  of  this  article,  to coordinate and direct state
   13  agencies and assets in response to a state OR LOCAL disaster  emergency,
   14  through their respective agency heads, on behalf of the governor and the
   15  chair  of  the  disaster preparedness commission, when the governor, the
   16  lieutenant governor, and the chair of the disaster preparedness  commis-
   17  sion  are incapacitated or without an available means of reliable commu-
   18  nication with the [state] office of emergency management. If the  direc-
   19  tor  of the [state] office of emergency management is unable to exercise
   20  this authority, then the executive deputy commissioner of  the  division
   21  of  homeland  security  and  emergency services shall act in [this] SUCH
   22  capacity. In the event that the executive deputy commissioner is  unable
   23  to  exercise  [this]  SUCH authority, then such authority shall be exer-
   24  cised by the official willing and able to do so in the following  order:
   25  the  superintendent  of  [the  division of] state police; the state fire
   26  administrator; or the director of the office of counterterrorism  within
   27  the  division  of  homeland  security and emergency services. Nothing in
   28  this subdivision shall be construed to limit the authority of the gover-
   29  nor, lieutenant governor, or the  chair  of  the  disaster  preparedness
   30  commission  to  oversee  the director of the [state] office of emergency
   31  management within  the  division  of  homeland  security  and  emergency
   32  services  or  any  official  exercising  authority given to the disaster
   33  preparedness commission in section twenty-nine of this article.
   34    S 5. Section 22 of the executive law, as added by chapter 640  of  the
   35  laws of 1978, subdivision 3 as amended by section 3 of part B of chapter
   36  56 of the laws of 2010, is amended to read as follows:
   37    S 22. State  disaster  preparedness  plans.  1.  The  commission shall
   38  prepare a state disaster preparedness plan and submit such plan  to  the
   39  governor  for  approval  no  later than one year following the effective
   40  date of this [act] ARTICLE.  The governor shall act upon  such  plan  by
   41  July first of that year.  The commission shall review such plans annual-
   42  ly.
   43    2.  The  purpose  of  such  plans  shall be to minimize the effects of
   44  disasters by: (i) identifying appropriate measures to prevent disasters,
   45  (ii) developing mechanisms  to  coordinate  the  use  of  resources  and
   46  manpower  for  service  during  and  after  disaster emergencies and the
   47  delivery of services to aid citizens and reduce human suffering  result-
   48  ing  from  a  disaster, and (iii) provide for recovery and redevelopment
   49  after disaster emergencies.
   50    3. Such plans shall be prepared with such assistance from [other] SUCH
   51  MUNICIPAL AND PRIVATE agencies AND RISK MANAGERS as the commission deems
   52  necessary, and shall include, but not be limited to:
   53    a. Disaster prevention and mitigation. Plans to prevent  and  minimize
   54  the effects of disasters shall include, but not be limited to:
   55    (1)  COMPREHENSIVE  identification  of  hazards  [and],  assessment of
   56  [risk] RISKS AND PREVENTION OR MITIGATION OF SUCH RISKS;
       S. 5271                             8
    1    (2) recommended disaster prevention and mitigation projects, policies,
    2  priorities, PERSONNEL TRAINING and programs, with suggested  implementa-
    3  tion  schedules,  which outline federal, state, PRIVATE AGENCY and local
    4  roles;
    5    (3)  suggested  revisions  and additions to building and safety codes,
    6  and zoning, COASTAL AREA,  INLAND  WATERWAY  AREA  and  other  land  use
    7  programs  TO  PROTECT  AND  MITIGATE  FUTURE  RISKS POSED TO THE STATE'S
    8  TRANSPORTATION, UTILITY AND TELECOMMUNICATIONS INFRASTRUCTURE;
    9    (4) suggested ways in  which  state  agencies  can  provide  technical
   10  assistance  to municipalities AND PRIVATE AGENCIES in the development of
   11  local disaster prevention and mitigation plans and programs;
   12    (5) such other measures as reasonably can be taken to  protect  lives,
   13  prevent disasters, and reduce the impact of disasters.
   14    b.  Disaster  response.  Plans  to coordinate the use of resources and
   15  manpower for service during and after disaster emergencies,  ENHANCE  OR
   16  PRESERVE  COMMUNICATIONS CAPABILITIES BETWEEN AFFECTED ORGANIZATIONS AND
   17  THE GENERAL PUBLIC, and to deliver services to aid citizens  and  reduce
   18  human  suffering  resulting from a disaster emergency shall include, but
   19  not be limited to:
   20    (1) coordination of resources, manpower and services, using recognized
   21  practices in incident management and  utilizing  existing  organizations
   22  and lines of authority and centralized direction of requests for assist-
   23  ance;
   24    (2)  the  location, procurement, construction, processing, transporta-
   25  tion, storing, maintenance, renovation, distribution, disposal or use of
   26  materials, including those donated, and facilities and services;
   27    (3) a system for warning AND COMMUNICATING WITH populations who are or
   28  may be endangered;
   29    (4) arrangements for activating state, municipal, PRIVATE  AGENCY  and
   30  volunteer  forces,  through  normal chains of command so far as possible
   31  and for continued communication and reporting;
   32    (5) a specific plan for rapid and efficient communication, and for the
   33  integration of state communication facilities during  a  state  disaster
   34  emergency,  including  the assignment of responsibilities and the estab-
   35  lishment  of  communication  priorities,  and  liaison  with  municipal,
   36  private and federal communication facilities;
   37    (6) a plan for coordinated evacuation procedures, including the estab-
   38  lishment of temporary housing OR EMERGENCY SHELTERS, and other necessary
   39  facilities  FOR DISPLACED INDIVIDUALS AND FAMILIES. SUCH TEMPORARY HOUS-
   40  ING AND EMERGENCY SHELTERS SHALL PROVIDE ADEQUATE  PROTECTION  FROM  THE
   41  ELEMENTS,  FOOD,  HEATING, COOLING AND VENTILATION, 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  SECTION  1.03  OF  THE  MENTAL  HYGIENE  LAW, THE HOMELESS AND OTHER
   48  VULNERABLE 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 state, PRIVATE AGENCY and local government
   54  personnel and volunteers in disaster response operations;
   55    (10) providing information to the public;
       S. 5271                             9
    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 federal disaster assistance;
    9    (15) a system for obtaining  and  coordinating  situational  awareness
   10  including  the  centralized assessment of disaster effects and resultant
   11  needs; and
   12    (16) utilization and coordination of programs  to  assist  individuals
   13  with  household  pets  and  service  animals  following a disaster, with
   14  particular attention to means of evacuation, shelter, FEEDING and trans-
   15  portation options.
   16    c. Recovery. Plans to provide for  recovery  and  redevelopment  after
   17  disaster emergencies shall include, but not be limited to:
   18    (1)  measures  to  coordinate  state  AND PRIVATE agency assistance in
   19  recovery efforts;
   20    (2) arrangements to administer federal recovery assistance; and
   21    (3) such other measures as reasonably can be taken to  assist  in  the
   22  development  and  implementation  of  local  AND PRIVATE AGENCY disaster
   23  recovery plans.
   24    S 6. Section 23 of the executive law, as amended by section 4 of  part
   25  B of chapter 56 of the laws of 2010, is amended to read as follows:
   26    S 23. Local  comprehensive emergency management plans. 1. Each county,
   27  except those contained within the city of New York, and each city,  town
   28  and  village is authorized to prepare comprehensive emergency management
   29  plans. The disaster preparedness commission AND PRIVATE  AGENCIES  shall
   30  provide  assistance  and advice for the development of such plans. City,
   31  town and village plans shall be coordinated with the county plan.
   32    2. The purpose of such plans shall be to minimize the effect of disas-
   33  ters by (i) identifying appropriate local AND PRIVATE AGENCY measures to
   34  prevent disasters, (ii) developing mechanisms to coordinate the  use  of
   35  local  AND  PRIVATE AGENCY resources and manpower for service during and
   36  after disasters and the delivery of services to aid citizens and  reduce
   37  human  suffering  resulting  from  a  disaster,  and (iii) providing for
   38  recovery and redevelopment after disasters.
   39    3. Plans for coordination of resources, manpower  and  services  shall
   40  provide  for  a  centralized  coordination and direction of requests for
   41  assistance.
   42    4. Plans for coordination of assistance shall provide for  utilization
   43  of existing organizations and lines of authority.
   44    5.  In  preparing such plans, cooperation, advice and assistance shall
   45  be sought from local government officials, regional and  local  planning
   46  agencies,  police  agencies,  fire departments and fire companies, local
   47  emergency  management  agencies,  commercial  and  volunteer   ambulance
   48  services, health and social services officials, PRIVATE AGENCIES, commu-
   49  nity  action  agencies, the chief administrator of the courts, organiza-
   50  tions for the elderly and the handicapped, RISK AND  INCIDENT  MANAGERS,
   51  other  interested groups and the general public. Such advice and assist-
   52  ance may be obtained through public hearings held on public  notice,  or
   53  through other appropriate methods.
   54    6. All plans for comprehensive emergency management developed by local
   55  governments  or  any revisions thereto shall be submitted to the commis-
       S. 5271                            10
    1  sion by December thirty-first of each year to facilitate  state  coordi-
    2  nation of disaster operations.
    3    7. Such plans shall include, but not be limited to:
    4    a.  Disaster  prevention and mitigation. Plans to prevent and minimize
    5  the effects of disasters shall include, but not be limited to:
    6    (1) COMPREHENSIVE  identification  of  hazards  [and],  assessment  of
    7  [risk] RISKS AND PREVENTION OR MITIGATION OF SUCH RISKS;
    8    (2) recommended disaster prevention and mitigation projects, policies,
    9  PERSONNEL  TRAINING, priorities and programs, with suggested implementa-
   10  tion schedules, which outline federal, state, PRIVATE AGENCY  and  local
   11  roles;
   12    (3) suggested revisions and additions to building and safety codes and
   13  zoning,  COASTAL AREA, INLAND WATERWAY AREA and other land use programs,
   14  TO PROTECT AND MITIGATE FUTURE  RISKS  POSED  TO  LOCAL  TRANSPORTATION,
   15  UTILITY  AND TELECOMMUNICATIONS INFRASTRUCTURE, AND THE NECESSARY TRAIN-
   16  ING OF PERSONNEL TO ENFORCE SUCH PROVISIONS;
   17    (4) such other measures as reasonably can be taken to  protect  lives,
   18  prevent disasters, and reduce their impact.
   19    b.  Disaster  response.  Plans  to coordinate the use of resources and
   20  manpower for service during and after  disasters,  ENHANCE  OR  PRESERVE
   21  COMMUNICATIONS  CAPABILITIES  BETWEEN  AFFECTED  ORGANIZATIONS  AND  THE
   22  GENERAL PUBLIC, and to deliver services to aid citizens and reduce human
   23  suffering resulting from a disaster shall include, but  not  be  limited
   24  to:
   25    (1) coordination of resources, manpower and services, using recognized
   26  practices  in  incident management, utilizing existing organizations and
   27  lines of authority and centralized direction of requests for assistance;
   28    (2) the location, procurement, construction,  processing,  transporta-
   29  tion, storing, maintenance, renovation, distribution, disposal or use of
   30  materials,  including  those  donated, and facilities and services which
   31  may be required in time of disaster;
   32    (3) a system for warning AND COMMUNICATING WITH populations who are or
   33  may be endangered;
   34    (4) arrangements for activating municipal, PRIVATE AGENCY  and  volun-
   35  teer  forces,  through  normal chains of command so far as possible, and
   36  for continued communication and reporting;
   37    (5) a specific plan for rapid and efficient communication and for  the
   38  integration  of local communication facilities during a disaster includ-
   39  ing the assignment of responsibilities and the establishment of communi-
   40  cation priorities and liaison with municipal, private, state and federal
   41  communication facilities;
   42    (6) a plan for coordination evacuation procedures including the estab-
   43  lishment of temporary housing OR EMERGENCY SHELTERS, and other necessary
   44  facilities FOR DISPLACED INDIVIDUALS AND FAMILIES. SUCH TEMPORARY  HOUS-
   45  ING  AND  EMERGENCY  SHELTERS SHALL PROVIDE ADEQUATE PROTECTION FROM THE
   46  ELEMENTS, FOOD, HEATING, COOLING AND VENTILATION, CLOTHING,  AND  NECES-
   47  SARY  MEDICAL  CARE.  IN  ADDITION, SUCH HOUSING AND SHELTERS SHALL HAVE
   48  ADEQUATE STAFFING LEVELS TO  CARE  FOR  THE  BASIC  NEEDS  OF  ALL  SUCH
   49  DISPLACED  INDIVIDUALS AND FAMILIES, INCLUDING SPECIAL NEEDS POPULATIONS
   50  SUCH AS FAMILY UNITS WITH YOUNG CHILDREN, PREGNANT WOMEN,  THE  ELDERLY,
   51  PERSONS  WITH  DISABILITIES, PERSONS WITH MENTAL DISABILITIES AS DEFINED
   52  IN  THE  MENTAL  HYGIENE  LAW,  THE  HOMELESS   AND   OTHER   VULNERABLE
   53  POPULATIONS;
   54    (7)  criteria for establishing priorities with respect to the restora-
   55  tion of vital services and debris removal;
       S. 5271                            11
    1    (8) plans for the continued effective operation of the civil and crim-
    2  inal justice systems;
    3    (9)  provisions  for  training  local  government  AND  PRIVATE AGENCY
    4  personnel and volunteers in disaster response operations;
    5    (10) providing information to the public;
    6    (11) care for the injured and needy and identification and disposition
    7  of the dead;
    8    (12) utilization and coordination of programs  to  assist  victims  of
    9  disasters,  with  particular  attention  to  the  needs of the poor, THE
   10  DISPLACED, FAMILIES WITH CHILDREN, the elderly, individuals  with  disa-
   11  bilities and other groups which may be especially affected;
   12    (13) control of ingress and egress to and from a disaster area;
   13    (14) arrangements to administer state and federal disaster assistance;
   14    (15)  procedures  under which the county, city, town, village or other
   15  political subdivision, PRIVATE AGENCY and emergency organization person-
   16  nel and resources will be used in the event of a disaster;
   17    (16) a system for  obtaining  and  coordinating  disaster  information
   18  including  the  centralized  assessment  of  local  disaster effects and
   19  resultant needs;
   20    (17) continued operation of governments of political subdivisions; and
   21    (18) utilization and coordination of programs  to  assist  individuals
   22  with  household  pets  and  service  animals  following a disaster, with
   23  particular attention to means of evacuation, shelter and  transportation
   24  options.
   25    c.  Recovery.  Local  plans  to provide for recovery and redevelopment
   26  after disasters shall include, but not be limited to:
   27    (1) recommendations for replacement, reconstruction, removal or  relo-
   28  cation  of  damaged or destroyed public or private facilities INCLUDING,
   29  BUT NOT  LIMITED  TO,  ROADS,  RAILWAYS,  AIRPORTS,  TELECOMMUNICATIONS,
   30  PUBLIC  UTILITIES AND HEALTH CARE FACILITIES, proposed new or amendments
   31  to zoning, subdivision, building, COASTAL AREA,  INLAND  WATERWAY  AREA,
   32  sanitary or fire prevention regulations and recommendations for economic
   33  development and community development in order to minimize the impact of
   34  any potential future disasters on the community.
   35    (2)  provision  for  cooperation  with  state  and federal agencies in
   36  recovery efforts.
   37    (3) provisions for training and educating local disaster officials  or
   38  organizations  AND  PRIVATE  AGENCIES in the preparation of applications
   39  for federal and state disaster recovery assistance.
   40    S 7. Subdivisions 2 and 5 of section 23-a of  the  executive  law,  as
   41  added  by  chapter  658  of  the  laws  of  1996, are amended to read as
   42  follows:
   43    2. Upon the establishment of a voluntary registry of disabled  persons
   44  as  provided  in  subdivision  one  of this section, the chief executive
   45  shall make such registry available to the appropriate  county,  PRIVATE,
   46  state  and  federal agencies for their use in delivering services in the
   47  event of a local or state disaster. The chief executive shall, upon  the
   48  request  of the [state] OFFICE OF emergency management [office], provide
   49  such registry information to such office. The chief  executive  may,  at
   50  his  OR  HER discretion, use the registry information for local disaster
   51  preparedness only in coordination with other political  subdivisions  of
   52  the state.
   53    5.  All community-based services providers, including home health care
   54  providers AND PRIVATE AGENCIES, shall  assist  the  chief  executive  by
   55  collecting  registration  information  for  people with special needs as
   56  part of program intake processes, establishing programs to increase  the
       S. 5271                            12
    1  awareness  of  the registration process, and educating clients about the
    2  procedures that may be necessary for their safety during disasters.
    3    S 8. Section 23-b of the executive law, as added by chapter 589 of the
    4  laws of 2008, subdivision 4 as added by chapter 115 of the laws of 2010,
    5  is amended to read as follows:
    6    S 23-b. [Nursing home and assisted living] HEALTH CARE facility plans.
    7  1.  After  consultation with the commissioner of health, the director of
    8  the office for the aging, and the [director] COMMISSIONER of the  [state
    9  office]  DIVISION  of  homeland  security  AND  EMERGENCY  SERVICES, AND
   10  CONSISTENT WITH THE DISASTER PREPAREDNESS PLAN ESTABLISHED  PURSUANT  TO
   11  SECTION TWENTY-EIGHT HUNDRED SIX-C OF THE PUBLIC HEALTH LAW, the commis-
   12  sion shall establish standards for [nursing homes, adult homes, enriched
   13  housing  programs and assisted living residences] HEALTH CARE FACILITIES
   14  regarding disaster preparedness.
   15    2. Each such facility shall be assisted  in  the  establishment  of  a
   16  disaster  preparedness  plan. The plan shall include, but not be limited
   17  to, the following:
   18    (a) Maintaining a supply of food,  water  and  to  the  extent  deemed
   19  necessary and feasible in the reasonable judgment of the operator of the
   20  facility, THE PROVISION OF MEDICAL CARE AND medication in reserve in the
   21  event that obtaining such items should become difficult or impossible.
   22    (b) [In the reasonable judgment of the facility, having] HAVING access
   23  to a generator or generators OR ALTERNATIVE SOURCES sufficient to supply
   24  electrical power AND TELECOMMUNICATIONS CAPABILITIES to the facility.
   25    (c)  Establishing  an  evacuation  plan  for residents AND/OR PATIENTS
   26  including an alternative site suitable for temporary use.
   27    (d) Establishing [staffing] plans WHICH PROVIDE FOR NECESSARY STAFFING
   28  during a disaster.
   29    3. Such plans shall be [made available to] FILED WITH the county emer-
   30  gency management office AND THE COMMISSION.
   31    4. Nothing in this section shall be deemed to modify or  override  any
   32  requirements  in  regulations  duly promulgated by a state agency, or to
   33  limit any lawful authority of a state agency to promulgate  regulations,
   34  with  respect  to disaster preparedness of such facilities, the contents
   35  of their disaster preparedness plans or  the  process  for  approval  of
   36  those plans.
   37    S 9. Section 23-c of the executive law, as added by chapter 415 of the
   38  laws of 2009, is amended to read as follows:
   39    S  23-c.  Consistency  among local disaster preparedness plans. 1. The
   40  local disaster preparedness plans for  each  county,  city,  town,  [or]
   41  village  OR  PRIVATE  AGENCY  shall  be so developed that no part of the
   42  local disaster preparedness plan of any county or any city,  town,  [or]
   43  village  OR PRIVATE AGENCY within such county conflicts with any part of
   44  the local disaster preparedness plan of any of the other  said  entities
   45  within  such  county  or  such  county  itself. In the event of any such
   46  conflict, such conflict shall be resolved by such county. The provisions
   47  of this subdivision shall not apply to a  city  wholly  containing  more
   48  than one county or to any county wholly contained within any such city.
   49    2.  In the event that any part of the local disaster preparedness plan
   50  of any county or any city, town, [or] village OR PRIVATE  AGENCY  within
   51  such  county  conflicts with any part of the local disaster preparedness
   52  plan of any other county or any city,  town,  [or]  village  OR  PRIVATE
   53  AGENCY  within any such other county, such conflict shall be resolved by
   54  the [state] OFFICE OF emergency management [office], as defined in para-
   55  graph (e) of subdivision one of section twenty-nine-e of  this  article.
   56  The  provisions of this subdivision shall not apply to any county wholly
       S. 5271                            13
    1  contained within a city wholly containing more than one county. Any city
    2  wholly  containing  more  than  one  county  shall  be  subject  to  the
    3  provisions of this subdivision as if it were a county.
    4    3.  [Said state] THE OFFICE OF emergency management [office] is hereby
    5  authorized and directed to promulgate any rules or regulations  or  take
    6  any  other  measures  necessary  to  effectuate  the  provisions of this
    7  section.
    8    S 10. Subdivisions 3 and 4 of section 25  of  the  executive  law,  as
    9  added  by  chapter  640  of  the  laws  of  1978, are amended to read as
   10  follows:
   11    3. A chief executive may also request and accept assistance  from  any
   12  other  political subdivision OR PRIVATE AGENCY and may receive therefrom
   13  and utilize any real or personal property or the service of any  person-
   14  nel thereof on such terms and conditions as may be mutually agreed to by
   15  the  chief executives of the requesting and assisting political subdivi-
   16  sions AND THE HEAD OF THE PRIVATE AGENCY.
   17    4. Upon the receipt of a  request  for  assistance  made  pursuant  to
   18  subdivision  two  or  three  of this section, the chief executive of any
   19  political subdivision OR PRIVATE AGENCY may give, lend or lease, on such
   20  terms and conditions as he OR SHE may  deem  necessary  to  promote  the
   21  public  welfare  and protect the interests of such political subdivision
   22  OR PRIVATE AGENCY, any  services,  equipment,  facilities,  supplies  or
   23  other  resources  of his OR HER political subdivision OR PRIVATE AGENCY.
   24  Any lease or loan of real or personal property pursuant to this subdivi-
   25  sion, or any transfer of personnel pursuant hereto, shall  be  only  for
   26  the  purpose  of  assisting a political subdivision in emergency relief,
   27  reconstruction, or rehabilitation made necessary by the disaster.
   28    S 11. Subdivisions 2 and 3 of section 28-a of the  executive  law,  as
   29  amended  by  chapter  641  of  the  laws of 1978, are amended to read as
   30  follows:
   31    2. The commission AND PRIVATE AGENCIES shall provide technical assist-
   32  ance in the development of such plans upon the request of  such  county,
   33  city, town or village.
   34    3. A local recovery and redevelopment plan shall include, but need not
   35  be  limited  to: plans for replacement, reconstruction, removal or relo-
   36  cation of damaged or destroyed facilities AND PUBLIC UTILITIES; proposed
   37  new or amended regulations such as zoning, subdivision, building,  COAS-
   38  TAL  AREA,  INLAND  WATERWAY  AREA or sanitary ordinances and codes; THE
   39  PLANS OF PRIVATE AGENCIES RELATED TO DISASTER  RECOVERY  AND  REDEVELOP-
   40  MENT;  and  plans  for economic recovery and community development. Such
   41  plans shall take into account and to the extent practicable  incorporate
   42  relevant  existing  plans  and  policies  and such plans shall take into
   43  account the need to minimize the potential impact of any  future  disas-
   44  ters on the community.
   45    S  12. Section 29 of the executive law, as added by chapter 640 of the
   46  laws of 1978, is amended to read as follows:
   47    S 29. Direction of state agency assistance in  a  disaster  emergency.
   48  Upon  the  declaration  of  a  state disaster emergency the governor may
   49  direct any and all agencies of the state government AND REQUEST  COOPER-
   50  ATION FROM PRIVATE AGENCIES to provide assistance under the coordination
   51  of  the  disaster  preparedness  commission.  Such  state assistance may
   52  include: (1) utilizing, lending, or giving  to  political  subdivisions,
   53  with  or without compensation therefor, equipment, supplies, facilities,
   54  services of state OR PRIVATE  AGENCY  personnel,  and  other  resources,
   55  other  than  the extension of credit; (2) distributing medicine, medical
   56  supplies, food and other  consumable  supplies  through  any  public  or
       S. 5271                            14
    1  private  agency  authorized  to  distribute  the same; (3) performing on
    2  public or private lands  temporary  emergency  work  essential  for  the
    3  protection  of  public  health and safety, clearing debris and wreckage,
    4  making emergency repairs to and temporary replacements of public facili-
    5  ties  of political subdivisions OR PUBLIC UTILITIES damaged or destroyed
    6  as a result of such disaster; and (4) making such  other  use  of  their
    7  facilities,  equipment,  supplies  and  personnel as may be necessary to
    8  assist in coping with the disaster or any emergency resulting therefrom.
    9    S 13. Section 29-a of the executive law, as added by  chapter  640  of
   10  the  laws  of  1978,  subdivision 1 as amended by section 7 of part G of
   11  chapter 55 of the laws of 2012, is amended to read as follows:
   12    S 29-a. Suspension of other laws.  1. Subject to the  state  constitu-
   13  tion, the federal constitution and federal statutes and regulations, the
   14  governor  may by executive order temporarily suspend specific provisions
   15  of any statute, local law, ordinance, [or] orders, rules or regulations,
   16  or parts thereof, of any agency during a state  disaster  emergency,  if
   17  compliance  with  such provisions would prevent, hinder, or delay action
   18  necessary to cope with OR RECOVER FROM the disaster.
   19    2. Suspensions pursuant to subdivision one of this  section  shall  be
   20  subject to the following standards and limits:
   21    a.  no  suspension  shall  be  made for a period in excess of [thirty]
   22  SIXTY days, provided, however, that upon reconsideration of all  of  the
   23  relevant facts and circumstances, the governor may extend the suspension
   24  for additional periods not to exceed thirty days each;
   25    b. no suspension shall be made which does not safeguard the health and
   26  welfare  of  the  public  and  which  is not reasonably necessary to the
   27  disaster effort;
   28    c. any such suspension order shall specify  the  statute,  local  law,
   29  ordinance, order, rule or regulation or part thereof to be suspended and
   30  the terms and conditions of the suspension;
   31    d.  the  order  may  provide for such suspension only under particular
   32  circumstances, and may provide for the alteration or modification of the
   33  requirements of such statute, local law, ordinance, order, rule or regu-
   34  lation suspended, and may include other terms and conditions;
   35    e. any such suspension order shall provide for the  minimum  deviation
   36  from  the requirements of the statute, local law, ordinance, order, rule
   37  or regulation suspended  consistent  with  the  disaster  action  deemed
   38  necessary; and
   39    f.  when practicable, specialists shall be assigned to assist with the
   40  related emergency AND RECOVERY actions to avoid needless adverse effects
   41  resulting from such suspension.
   42    3. Such suspensions shall be effective from the time and in the manner
   43  prescribed in such orders and shall be published as soon as  practicable
   44  in the state bulletin.
   45    4.  The  legislature  may terminate by concurrent resolution executive
   46  orders issued under this section at any time.
   47    S 14. Subdivision 1 of section 29-b of the executive law,  as  amended
   48  by  section 7 of part B of chapter 56 of the laws of 2010, is amended to
   49  read as follows:
   50    1.   The governor may, in his or  her  discretion,  direct  the  state
   51  disaster  preparedness  commission  to  conduct an emergency exercise or
   52  drill, under its direction, in which all or any  of  the  personnel  and
   53  resources  of the agencies of [the commission of] the state AND IN COOP-
   54  ERATION WITH PRIVATE AGENCIES may be  utilized  to  perform  the  duties
   55  assigned  to  them  in  a  disaster,  for  the purpose of protecting and
   56  preserving human life or property in a disaster. During  a  disaster  or
       S. 5271                            15
    1  such  drill  or  exercise,  disaster emergency response personnel in the
    2  state shall operate under the direction and command of the chair of such
    3  commission, and shall possess the same powers,  duties,  rights,  privi-
    4  leges  and immunities as are applicable in a civil defense drill held at
    5  the direction of the state civil defense commission under the provisions
    6  of the New York state defense emergency act.
    7    S 15. Subdivision 1 of section 29-e of the executive law, as added  by
    8  chapter  603  of the laws of 1993, paragraph (e) as amended by section 8
    9  of part B of chapter 56 of the laws of  2010,  is  amended  to  read  as
   10  follows:
   11    1.  For  purposes  of  this section the following terms shall have the
   12  following meanings:
   13    (a) "Infrastructure" shall mean and include publicly owned  storm  and
   14  sanitary  sewers,  water supply systems, drainage systems, PUBLIC UTILI-
   15  TIES, transportation systems, roads and bridges.
   16    (b) "Municipality" shall mean any county, city, village,  or  town  of
   17  the state.
   18    (c)  "Public  facilities" shall mean and include publicly owned build-
   19  ings, including traditional government buildings, such  as  courthouses,
   20  firehouses, police stations, parks, recreational facilities, and correc-
   21  tional facilities.
   22    (d) "Fund" shall mean the state's contingency reserve fund established
   23  by law.
   24    (e)  ["The  office]  "OFFICE  of  emergency management" shall mean the
   25  office OF EMERGENCY MANAGEMENT within the division of homeland  security
   26  and emergency services.
   27    S 16. Subparagraph 1 of paragraph (b) of subdivision 3 of section 29-g
   28  of  the  executive  law, as added by chapter 299 of the laws of 2001, is
   29  amended to read as follows:
   30    (1) A description of the emergency service function for which  assist-
   31  ance is needed, such as, but not limited to, fire services, law enforce-
   32  ment,  emergency  medical,  transportation, communications, public works
   33  and engineering, building inspection, planning and  information  assist-
   34  ance, mass care, PROVISION OF SHELTER TO DISPLACED INDIVIDUALS AND FAMI-
   35  LIES,  resource  support,  health  and  medical services, and search and
   36  rescue.
   37    S 17. Subdivision 1 of section 377 of the executive law, as amended by
   38  chapter 309 of the laws of 1996, is amended to read as follows:
   39    1. The council shall formulate a uniform fire prevention and  building
   40  code  which  shall  take  effect  on  the first day of January, nineteen
   41  hundred eighty-four. The council may from time to time amend  particular
   42  provisions  of the uniform code and shall periodically review the entire
   43  code to assure that it effectuates the purposes of this article and  the
   44  specific  objectives  and standards hereinafter set forth. IN THE FORMU-
   45  LATION OF SUCH CODE, BOTH THE COUNCIL  AND  SECRETARY,  IN  CONSULTATION
   46  WITH THE DISASTER PREPAREDNESS COMMISSION, MAY ESTABLISH STANDARDS WHICH
   47  PROVIDE FOR THE OPTIMAL SURVIVABILITY OF ALL BUILDINGS, INCLUDING COMMU-
   48  NITY  BUILDINGS  AND FACILITIES, IN THE CASE OF A DISASTER, PARTICULARLY
   49  THOSE COMMUNITY BUILDINGS AND FACILITIES LOCATED IN  COASTAL  AREAS  AND
   50  INLAND  WATERWAY  AREAS  THAT MAY BE USED AS EMERGENCY SHELTERS, COMMAND
   51  CENTERS OR TO RESPOND TO A NATURAL DISASTER.   FURTHERMORE, THE  UNIFORM
   52  CODE  SHALL  ESTABLISH  STANDARDS FOR THE SURVIVABILITY AND OPERATION OF
   53  BACK-UP GENERATORS AND ALTERNATIVE ELECTRICITY SOURCES FOR HOSPITALS AND
   54  RESIDENTIAL HEALTH CARE FACILITIES  DURING  A  DISASTER.  The  secretary
   55  shall  conduct  public  hearings  on said uniform code and any amendment
   56  thereto. The secretary shall review such  code  or  amendment,  together
       S. 5271                            16
    1  with  any  changes incorporated by the council as a result of such hear-
    2  ings, to insure that it effectuates the purposes of this article.   Upon
    3  being  so  satisfied, the secretary shall approve said code or amendment
    4  prior to its becoming effective.
    5    S 18. Subdivision 1 of section 713 of the executive law, as amended by
    6  section  16  of  part B of chapter 56 of the laws of 2010, is amended to
    7  read as follows:
    8    1. Notwithstanding any other provision of law, the commissioner of the
    9  division of homeland security and emergency  services  shall  conduct  a
   10  review  and  analysis  of  measures  being  taken  by the public service
   11  commission and any other agency or authority of the state or  any  poli-
   12  tical subdivision thereof and, to the extent practicable, of any federal
   13  entity,  to  protect  the security of critical infrastructure related to
   14  energy generation and transmission located within the state BOTH  DURING
   15  TIMES  OF NORMAL OPERATIONS, AND BEFORE, DURING AND AFTER THE OCCURRENCE
   16  OF VARIOUS TYPES OF NATURAL DISASTERS. The commissioner of the  division
   17  of  homeland security and emergency services shall have the authority to
   18  review any audits or reports related to the security  of  such  critical
   19  infrastructure,  including audits or reports conducted at the request of
   20  the public service commission or any other agency or  authority  of  the
   21  state  or  any political subdivision thereof or, to the extent practica-
   22  ble, of any federal entity. The owners  and  operators  of  such  energy
   23  generating  or  transmission  facilities  shall,  in compliance with any
   24  federal and state  requirements  regarding  the  dissemination  of  such
   25  information, provide access to the commissioner of the division of home-
   26  land security and emergency services to such audits or reports regarding
   27  such  critical  infrastructure provided, however, that exclusive custody
   28  and control of such audits and reports  shall  remain  solely  with  the
   29  owners  and  operators of such energy generating or transmission facili-
   30  ties. For the purposes of this article, the term  "critical  infrastruc-
   31  ture"  has  the  meaning  ascribed  to  that term in subdivision five of
   32  section eighty-six of the public officers law.
   33    S 19. The public service law is amended by adding two new sections 5-a
   34  and 5-c to read as follows:
   35    S 5-A. NATURAL DISASTER PREPAREDNESS. 1. EVERY UTILITY COMPANY,  WIRE-
   36  LESS  COMMUNICATIONS SERVICE PROVIDER AND CABLE TELEVISION COMPANY SHALL
   37  FILE A NATURAL DISASTER PREPAREDNESS PLAN WITH THE  COMMISSION  FOR  ITS
   38  APPROVAL,  AND PERIODICALLY UPDATE SUCH PLAN AS SHALL BE PROVIDED FOR BY
   39  THE COMMISSION.  EACH SUCH PLAN AND UPDATE  THEREOF  SHALL  SPECIFY  THE
   40  PERSONNEL  AND  RESOURCES THAT WILL BE UTILIZED IN THE EVENT OF A DISAS-
   41  TER, AND VARIOUS ACTION PLANS TO BE UNDERTAKEN IN THE EVENT  OF  VARIOUS
   42  TYPES  OF NATURAL DISASTERS. UPON THE APPROVAL OF SUCH PLAN, THE COMMIS-
   43  SION SHALL FORWARD A COPY OF EACH SUCH PLAN TO THE DISASTER PREPAREDNESS
   44  COMMISSION AND EACH OF THE APPROPRIATE LOCALITIES WHICH HAVE  ADOPTED  A
   45  LOCAL COMPREHENSIVE EMERGENCY MANAGEMENT PLAN.
   46    2.  THE  COMMISSION  MAY  ESTABLISH  INDUSTRY  SPECIFIC  STANDARDS FOR
   47  ACCEPTABLE PERFORMANCE OF EACH UTILITY, REQUIRED TO ESTABLISH AND FILE A
   48  NATURAL DISASTER PREPAREDNESS PLAN PURSUANT TO SUBDIVISION ONE  OF  THIS
   49  SECTION, IN THE EVENT OF A NATURAL DISASTER TO PROTECT PUBLIC HEALTH AND
   50  SAFETY OF ITS RATEPAYERS AND THE GENERAL PUBLIC, TO ENSURE THE RELIABIL-
   51  ITY  OF  SUCH  UTILITY'S  SERVICES TO PREVENT AND MINIMIZE THE NUMBER OF
   52  SERVICE OUTAGES OR DISRUPTIONS, AND  TO  REDUCE  THE  DURATION  OF  SUCH
   53  OUTAGES  AND DISRUPTIONS, AND TO FACILITATE RESTORATION OF SUCH SERVICES
   54  AFTER SUCH OUTAGES OR DISRUPTIONS. THE COMMISSION MAY UTILIZE,  IN  RATE
   55  SETTING  PROCEEDINGS,  TO RECOVER THE REASONABLE COSTS INCURRED TO MAIN-
       S. 5271                            17
    1  TAIN OR IMPROVE THE RESILIENCY OF THE UTILITY'S INFRASTRUCTURE NECESSARY
    2  TO COMPLY WITH THE STANDARDS ESTABLISHED PURSUANT TO THIS SUBDIVISION.
    3    3. THE STANDARDS ESTABLISHED BY THE COMMISSION SHALL INCLUDE:
    4    (A)  THE  ESTABLISHMENT  OF A COMMUNICATIONS PLAN BETWEEN EACH UTILITY
    5  AND ITS CUSTOMERS, INCLUDING DURING OTHER THAN NORMAL BUSINESS HOURS;
    6    (B) THE ESTABLISHMENT  OF  COMMUNICATION  AND  COORDINATION  PROTOCOLS
    7  DEFINING  INTERACTIONS BETWEEN EACH UTILITY AND STATE, LOCAL AND PRIVATE
    8  EMERGENCY MANAGEMENT ORGANIZATIONS, RELATING TO  EMERGENCY  PREPARATION,
    9  ROADWAY CLEARING AND THE ESTABLISHMENT OF RESTORATION PRIORITIES; AND
   10    (C)  ANY  OTHER  STANDARDS  FOR ACCEPTABLE PERFORMANCE BY A UTILITY TO
   11  ENSURE THE RELIABILITY OF SERVICES BEFORE, DURING AND  AFTER  A  NATURAL
   12  DISASTER, TO PREVENT AND MINIMIZE ANY SERVICE OUTAGES OR DISRUPTIONS.
   13    S  5-C.  NATURAL DISASTER PREPAREDNESS PLAN EVALUATION. THE COMMISSION
   14  SHALL WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE  OCCURRENCE  OF  A  STATE
   15  DISASTER  EMERGENCY  OR  A  LOCAL STATE OF EMERGENCY CAUSED BY A NATURAL
   16  DISASTER, AND SUBJECT TO SUCH PUBLIC HEARINGS AS IT SHALL  DETERMINE  TO
   17  BE  NECESSARY,  EVALUATE THE EFFECTIVENESS OF NATURAL DISASTER PREPARED-
   18  NESS PLANS, ADOPTED PURSUANT TO SECTION FIVE-A OF  THIS  ARTICLE,  WHICH
   19  WERE IMPLEMENTED DURING SUCH DISASTER. IN EVALUATING ALL SUCH PLANS, THE
   20  REPORT OF THE COMMISSION SHALL CONSIDER:
   21    1.  THE  OVERALL  EFFECTIVENESS  OF EACH NATURAL DISASTER PREPAREDNESS
   22  PLAN AND HOW IT INTERFACED WITH THE STATE EMERGENCY MANAGEMENT PLAN  AND
   23  WITH  EACH  LOCAL  EMERGENCY  MANAGEMENT PLAN, AS SUCH PLANS RELATED TO:
   24  MITIGATION OF THE LOSS OF HUMAN LIFE AND DAMAGE TO PROPERTY, RESCUE  AND
   25  RESPONSE TIMES BY EMERGENCY RESPONDERS, ABILITY FOR EACH PLAN TO COORDI-
   26  NATE ITS EFFORTS WITH ALL OTHER EMERGENCY MANAGEMENT PLANS, THE CAPACITY
   27  OF  THE  PUBLIC  UTILITY TO EFFECTIVELY COMMUNICATE WITH STATE AND LOCAL
   28  AGENCIES AND THE GENERAL PUBLIC, AND THE TIMELINESS OF  THE  RESTORATION
   29  OF PUBLIC UTILITY SERVICES;
   30    2.  THE EFFECTIVENESS OF EACH PLAN TO SATISFY THE ARTICULATED GOALS OF
   31  SUCH PLAN AS IT RELATES TO THE ANTICIPATED TIME IN WHICH PLAN WAS  ACTI-
   32  VATED,  WHETHER SUCH PLAN SHOULD HAVE BEEN ACTIVATED AT AN EARLIER TIME,
   33  OVERALL EMERGENCY RESPONSE AND UTILITY RESTORATION TIMES OF  THE  PUBLIC
   34  UTILITY,  THE  EFFECTIVENESS  OF  THE  PERSONNEL COVERED UNDER SUCH PLAN
   35  INCLUDING, BUT NOT LIMITED TO,  ADEQUATE  TRAINING  AND  PERFORMANCE  OF
   36  ASSIGNED  TASKS  BY SUCH PERSONNEL, AND THE PROVISION OF NEEDED SUPPLIES
   37  TO SUCH PERSONNEL; AND
   38    3. THE OVERALL STRENGTHS  AND  WEAKNESSES  OF  EACH  NATURAL  DISASTER
   39  PREPAREDNESS  PLAN,  ITS  SHORTCOMINGS  AND ITEMS THAT COULD BE IMPROVED
   40  UPON TO BETTER SATISFY THE ARTICULATED GOALS AND THE REQUIREMENTS ESTAB-
   41  LISHED BY THE COMMISSION, AND MEANS TO  IMPROVE  THE  EFFECTIVENESS  AND
   42  COOPERATIVE EFFORTS WITH OTHER EMERGENCY MANAGEMENT PLANS.
   43    S  20. The public health law is amended by adding a new section 2806-c
   44  to read as follows:
   45    S 2806-C. NATURAL DISASTER PREPAREDNESS.  IN  CONJUNCTION  WITH  THEIR
   46  DUTIES  PURSUANT  TO  SECTION TWENTY-THREE-B OF THE EXECUTIVE LAW, EVERY
   47  HOSPITAL AND RESIDENTIAL HEALTH  CARE  FACILITY  SHALL  FILE  A  NATURAL
   48  DISASTER PREPAREDNESS PLAN WITH THE COUNCIL FOR ITS APPROVAL, AND UPDATE
   49  SUCH  PLAN  AS PROVIDED BY THE COUNCIL. EACH SUCH PLAN SHALL SPECIFY THE
   50  PERSONNEL AND RESOURCES THAT WILL BE UTILIZED IN THE EVENT OF A  NATURAL
   51  DISASTER,  AND  VARIOUS  ACTION  PLANS  TO BE UNDERTAKEN IN THE EVENT OF
   52  VARIOUS TYPES OF NATURAL DISASTERS. EVERY DISASTER PREPAREDNESS PLAN AND
   53  UPDATE THEREOF MAY PROVIDE FOR THE ACQUISITION AND OPERATION OF  SURVIV-
   54  ABLE  BACK-UP GENERATORS OR ALTERNATIVE ENERGY SOURCES IN THE EVENT OF A
   55  DISASTER. UPON THE APPROVAL OF A NATURAL DISASTER PREPAREDNESS PLAN  AND
   56  UPON  EACH UPDATE THEREOF, THE COUNCIL SHALL FORWARD A COPY OF EACH SUCH
       S. 5271                            18
    1  PLAN TO THE DISASTER PREPAREDNESS COMMISSION AND EACH OF THE APPROPRIATE
    2  LOCALITIES WHICH HAVE ADOPTED A LOCAL COMPREHENSIVE EMERGENCY MANAGEMENT
    3  PLAN.
    4    S  21.  The chair of the disaster preparedness commission, the commis-
    5  sioner of transportation, the commissioner of agriculture  and  markets,
    6  the  chairman  of the public service commission, the state fire adminis-
    7  trator and the chair of the New York state energy research and  develop-
    8  ment  authority shall jointly examine, evaluate and make recommendations
    9  concerning the costs and means of hardening  buildings,  infrastructure,
   10  public  utility facilities, energy sources and health care facilities to
   11  ensure their continued operation before,  during  and  after  a  natural
   12  disaster.    The  findings  and  recommendations  of such group shall be
   13  reported to the governor and the legislature  within  one  year  of  the
   14  effective date of this act.
   15    S  22.  This  act  shall  take effect on the one hundred eightieth day
   16  after it shall have become a law.