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.