senate Bill S3761A

Enacts the "natural disaster preparedness and mitigation act"

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 14 / Feb / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 28 / Jan / 2014
    • AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 28 / Jan / 2014
    • PRINT NUMBER 3761A

Summary

Enacts the "natural disaster preparedness and mitigation act" providing for enhanced disaster preparedness and recovery from disasters.

do you support this bill?

Bill Details

Versions:
S3761
S3761A
Legislative Cycle:
2013-2014
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Executive Law
Laws Affected:
Amd Exec L, generally; add §§5-a & 5-c, Pub Serv L; add §2806-a, Pub Health L; add §95-h, St Fin L; amd §3641, Ed L

Sponsor Memo

BILL NUMBER:S3761A

TITLE OF BILL: An act to amend the executive law, the public service
law, the public health law, the state finance law and the education
law, in relation to enacting the "natural disaster preparedness and
mitigation act"

PURPOSE: The purpose of this bill is to enact the "Natural Disaster
Emergency Preparedness and Mitigation Act". This act is needed to: a)
more comprehensively anticipate, plan for, and quickly respond to
natural disasters that may damage New York's infrastructure,
telecommunications capabilities, utility infrastructure, and health
care facilities; b) to minimize the hardships inflicted to the life,
health, and safety of New Yorkers and damage to property, businesses
and the State's economy due to the occurrence of such disasters, both
during and after such an event, and c) to mitigate such damages as
quickly as possible and to begin the process of rebuilding after such
event.

SUMMARY OF PROVISIONS:

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

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

-Recognize that New York's climate and weather patterns are changing,
due, in part, to the possible effects of global warming, and that such
new weather patterns may pose heightened dangers and risks to New
York's transportation, utility, telecommunications, and health care
facility infrastructure.

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

Sections 3 through 23: Amends Executive Law Article 2-B, Education
Law, Public Health Law, and State Finance Law to make many changes to
the State's policy for the development and implementation of a State
and local natural disaster emergency management preparedness plans.
Most of the changes provided for under this act are to adopt new
procedures to encourage the development of better natural disaster
emergency preparedness plans, to minimize human suffering, loss of
life and economic losses during and after a natural disaster event,
and to initiate quick recovery efforts to rebuild after the natural
disaster.

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


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

The specific bill section changes are as follows:

Section 3: Amends Executive Law section 20 to:

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

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

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

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

Section 4: Amends Executive Law section 21 as follows:

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

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


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

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

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

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

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

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

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

d) Such plan shall include in its disaster response operational plan,
ways to enhance or preserve the communications capabilities between
affected organization and emergency responders and the general public.

e) Amends Executive Law section 22(3) (b) (6) so that such Disaster
plans shall have coordinated evacuation procedures, including the
establishment of temporary housing and shelters for displaced
individuals. Such shelters shall provide adequate staffing levels to
satisfy the reasonable needs of such displaced Persons and which
provides adequate protection from the elements, and the provision of
food, comfortable ambient air temperature, clothes, medical care, and
the ability to satisfy the personal hygiene needs of all such
displaced persons. In addition, such staff shall accommodate the
special needs of vulnerable populations such as family units with
small children, the elderly, the homeless, handicapped, mentally ill
or other unique populations, to the extent possible. Staff will be


present to help with the special needs of all vulnerable displaced
persons.

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

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

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

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

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

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

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

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

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


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

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

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

Section 19: Adds Public Service Law sections 5-a and 5-c to mandate
that every utility company, wireless communications service provider,
and cable television company shall file disaster preparedness plans
with the Public Service Commission for its approval and update this
plan annually. Such plan shall provide for a regularly scheduled tree
and vegetation trimming and clearance program for the purpose of
minimizing the damage to utility lines, transformers, and other
utility infrastructure in the event of a natural disaster and to
facilitate recovery efforts. Such approved plans shall be filed with
the appropriate local comprehensive emergency management plan
authority.

Provided further, that the PSC shall evaluate the effectiveness of a
natural preparedness plan within 180 days after the occurrence of a
state or locally declared emergency caused by a natural disaster.
Further, that if the public utility, did not satisfy the goals and
objectives of such a plan, that a fine may be levied upon such utility
company based on the severity of the breaches in such plan. Such fine
cannot be added to the rate base, and must be apportioned to rate
payers who suffered the most damages from such natural disaster.

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


Section 21: Adds a new State Finance Law section 95-h to establish the
Natural Disaster Preparedness Revolving Loan Account to help finance
the capital needs of health care facilities, telecommunications
providers, and transportation providers to harden their facilities so
that they can withstand a natural disaster or to mitigate the damages
that would be sustained by such providers and the services that they
provide.

Section 22: Amends Education Law section 3641 so that the Department
can make disaster preparedness grants to schools that prepare such
plans.

Section 23: Empowers the Disaster Preparedness Commissioner, and
Commissioners of Transportation, Agriculture & Markets, PSC, the State
Fire Administrator, and NYS Energy Research and Development Authority
to examine, evaluate, and make recommendations concerning the costs
and means of hardening buildings, infrastructure, public utility
facilities, energy sources, and health care facilities to ensure their
continued operation, before, during and after a natural disaster.

JUSTIFICATION: On October 29, 2012, 83 years after the Great Stock
Market Crash of 1929, Hurricane Sandy struck the New York Metropolitan
region. This storm lead to catastrophic destruction in several states,
with New Jersey and New York being the most adversely affected. In
this state, New York City, Long Island and Westchester and Rockland
Counties bore the brunt of the storm. At least 48 New Yorkers died in
this Hurricane. Of the 48, 41 of them died in New York City.

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

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

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


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

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

After Hurricane Irene and Tropical. Storm Lee, the Commission's report
on the utilities' actions exposed a number of problems, particularly
with the Long Island Power Authority, which oversees power
distribution on Long Island and the Rockaways. There were a variety of
problems that the Commission found with the utilities' response, such
as: A) not having sufficient stocks of certain key materials that
would be needed during the recovery phase, B) under budgeting for
emergency responses, C) failing to shift adequately trained staff, or
staff at all, in timely a manner to cover those areas without power,
and D) undermanned call centers so that they could not handle the
large volume of help calls.

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

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


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

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

This legislation requires that public emergency management planners
incorporate into their emergency plans, the emergency management plans
of utilities and other critical public service providers such as
hospitals. This fostering of improved coordination and communication
between public emergency organization responders and key service
providers will mean a more effective use of resources in the future
and a greater emphasis on the restoration of key services like
electric power and transportation services. It also fosters greater
and ongoing coordination of preparedness initiatives and planning. The
Division of Homeland Security and Emergency Services is empowered by
this act to examine the work being done by other state agencies,
particularly the Public Service Commission, to ensure the safety of
critical energy generation and transmission infrastructure.

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

This legislation also amends the existing executive law to ensure that
in making their evacuation and sheltering plans that the needs of
particular subpopulations be adequately met. This includes ensuring


that whatever shelters are established can meet the needs of families
with children, the elderly, people with mental illness and individuals
who were previously homeless, all of which are populations with
distinct needs that all need to be met in the case of an emergency.

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

LEGISLATIVE HISTORY: This is a new bill.

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

EFFECTIVE DATE: Immediate, with phase-ins for certain provisions

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3761--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 14, 2013
                               ___________

Introduced  by  Sens.  SMITH,  ADDABBO, SAVINO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Veter-
  ans,  Homeland  Security  and  Military  Affairs -- recommitted to the
  Committee on Veterans,  Homeland  Security  and  Military  Affairs  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the executive law, the public service law, the public
  health law, the state finance law and the education 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:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "natural disaster preparedness and mitigation act".
  S  2.  Legislative  intent.  The  legislature hereby finds that due to
changes in climate and weather patterns that may be  due,  in  part,  to
global warming that large areas of the state have been severely impacted
by  repeated  hurricanes,  tropical  storms  and  other  weather related
natural disasters during the past few years. The conditions  created  by
these  hurricanes,  tropical  storms  and  other weather related natural
disasters  have  imposed  severe  economic,  social  and  infrastructure
damages to those areas and populaces affected.
  Therefore,  the  legislature  declares  that  the state, its political
subdivisions, public utilities and health care facilities  must  improve
their preparations for, responses to and recovery from future disasters.
This  act requires enhanced planning, preparation and mitigation efforts
for possible future natural disasters.  Natural  disaster  planning,  on
both  the state and local levels, by state and local governments, utili-
ties and health care facilities  should  be  comprehensive  and  include
emergency  service  organizations  which  are  involved in mitigation of
damage and recovery from  disasters  at  all  levels.  Furthermore,  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08614-02-4

S. 3761--A                          2

responses to disasters must be quick, well coordinated and comprehensive
so  as  to minimize the loss of life, human suffering, property loss and
reduction in business activity. Finally, both public and private infras-
tructures  should  be  designed  and  constructed to minimize the damage
thereto caused by any disaster and so as to facilitate  the  repair  and
restoration thereof after a disaster.
  S  3. Section 20 of the executive law, as amended by section 1 of part
B of chapter 56 of the laws of 2010, paragraphs i, j and k  of  subdivi-
sion  2  as  added  by  section 1 of part G of chapter 55 of the laws of
2012, is amended to read as follows:
  S 20. Natural and man-made disasters; policy; definitions. 1. It shall
be the policy of the state that:
  a. local government and emergency service organizations continue their
essential role as the first line of defense in times  of  disaster,  and
that the state provide [appropriate] TIMELY AND COMPREHENSIVE supportive
services to the extent necessary;
  b.  local  chief  executives  take  an active and personal role in the
development and implementation of STATE AND LOCAL disaster  preparedness
programs  and  be vested with authority and responsibility, WITH ASSIST-
ANCE FROM THE STATE, in order to [insure] ENSURE  the  success  of  such
programs;
  c.  state  and local natural disaster and emergency response functions
be coordinated using recognized practices  in  incident  management  AND
RISK  MANAGEMENT  PRACTICES in order to bring the fullest protection and
benefit to the people;
  d. state resources SHALL  be  organized  and  prepared  for  immediate
effective response to disasters which [are] MAY BE beyond the capability
of local governments and emergency service organizations; [and]
  e.  state and local plans, organizational arrangements[,] and response
capability required to execute the provisions of this article  shall  at
all  times be the most effective that current AND REASONABLY ANTICIPATED
circumstances and existing resources allow[.]; AND
  F. STATE AND LOCAL  GOVERNMENT  AND  EMERGENCY  SERVICE  ORGANIZATIONS
SHALL  CONSIDER  AND  INCORPORATE  INTO  EVERY  STATE AND LOCAL DISASTER
PREPAREDNESS PLAN, THE EMERGENCY MANAGEMENT PLANS SUBMITTED  BY  PRIVATE
AGENCIES.
  2.  As used in this article the following terms shall have the follow-
ing meanings:
  a. "disaster" means occurrence or imminent threat of  wide  spread  or
severe  damage,  injury,  or loss of life or property resulting from any
natural or man-made causes, including, but not limited to, fire,  flood,
earthquake,  hurricane,  tornado, high water, landslide, mudslide, wind,
storm, WIND STORM, wave action, volcanic activity, epidemic, air contam-
ination, terrorism, cyber event, blight,  drought,  infestation,  explo-
sion, radiological accident, nuclear, chemical, biological[,] or bacter-
iological  release,  water contamination, DAM FAILURE, ICE STORM, bridge
failure or bridge collapse.
  b. "state disaster emergency" means a period beginning with a declara-
tion by the governor that a disaster exists and ending upon  the  termi-
nation thereof.
  c. "municipality" means a public corporation as defined in subdivision
one  of  section sixty-six of the general construction law and a special
district as defined in subdivision sixteen of section one hundred two of
the real property tax law.
  d. "commission" means the  disaster  preparedness  commission  created
pursuant to section twenty-one of this article.

S. 3761--A                          3

  e. "emergency services organization" means a public or private agency,
voluntary  organization  or  group  organized  and  functioning  for the
purpose of providing fire, medical, ambulance, rescue, housing, food  or
other services directed toward relieving human suffering, injury or loss
of  life  or  damage  to property as a result of an emergency, including
non-profit and  governmentally-supported  organizations,  but  excluding
governmental agencies.
  f. "chief executive" means:
  (1) a county executive or manager of a county;
  (2) in a county not having a county executive or manager, the chairman
or other presiding officer of the county legislative body;
  (3) a mayor of a city or village, except where a city or village has a
manager, it shall mean such manager; and
  (4)  a  supervisor  of  a  town, except where a town has a manager, it
shall mean such manager.
  g. ["Disaster] "DISASTER emergency response personnel" means agencies,
public officers, employees, or affiliated volunteers having  duties  and
responsibilities  under or pursuant to a comprehensive emergency manage-
ment plan.
  h. ["Emergency] "EMERGENCY management director" means  the  government
official  responsible  for emergency preparedness, response and recovery
for a county, city, town, or village.
  i. "incident management team" means a state certified team of  trained
personnel  from  different  departments,  organizations,  agencies,  and
jurisdictions within the state, or a region of the state,  activated  to
support  and  manage  major and/or complex incidents requiring a signif-
icant number of local, regional, and state resources.
  j. "executive level officer" means a state  agency  officer  with  the
authority to deploy agency assets and resources and make decisions bind-
ing a state agency.
  k.  "third  party  non-state  resources" means any contracted resource
that is not owned or controlled by the state or a political  subdivision
including,  but  not  limited  to,  ambulances,  construction  crews, or
contractors.
  L. "HEALTH CARE FACILITY" MEANS A HOSPITAL OR RESIDENTIAL HEALTH  CARE
FACILITY,  AS  DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC
HEALTH LAW.
  M. "PRIVATE AGENCY" MEANS A HEALTH CARE FACILITY OR A PUBLIC UTILITY.
  N. "PUBLIC UTILITY" MEANS A UTILITY COMPANY, AS DEFINED IN SECTION TWO
OF THE PUBLIC SERVICE LAW, A CABLE TELEVISION  COMPANY,  AS  DEFINED  IN
SECTION  TWO  HUNDRED  TWELVE  OF  THE PUBLIC SERVICE LAW, OR A WIRELESS
COMMUNICATIONS SERVICE PROVIDER, AS DEFINED IN SECTION THREE HUNDRED ONE
OF THE COUNTY LAW.
  S 4. Section 21 of the executive law, as amended by section 2 of  part
B of chapter 56 of the laws of 2010, subdivision 1 as amended by chapter
176  of  the  laws  of  2013, paragraph f of subdivision 3 as amended by
section 3 of part G of chapter 55 of the laws of 2012, subdivision 5  as
amended  by  section  4  of part G of chapter 55 of the laws of 2012, is
amended to read as follows:
  S 21. Disaster preparedness commission established;  meetings;  powers
and  duties.    1. There is hereby created in the executive department a
disaster preparedness commission  consisting  of  the  commissioners  of
transportation,  health,  division  of criminal justice services, educa-
tion, economic development, agriculture and markets, housing and  commu-
nity  renewal,  general  services,  labor,  environmental  conservation,
mental health, parks, recreation and historic preservation,  corrections

S. 3761--A                          4

and  community supervision, children and family services, homeland secu-
rity and emergency services, and people with developmental disabilities,
the president of the New York  state  energy  research  and  development
authority,  the  superintendents of state police and financial services,
the secretary of state, the state fire administrator, the chair  of  the
public  service commission, the adjutant general, the office of informa-
tion technology services, and the office of victim services, the  chairs
of  the  thruway  authority,  the office for the aging, the metropolitan
transportation authority, the port authority of New York and New Jersey,
the chief professional officer of the state coordinating chapter of  the
American  Red  Cross and [three] SIX additional members, to be appointed
by the governor, two of whom shall be  chief  executives,  ONE  OF  WHOM
SHALL  BE  A  REPRESENTATIVE OF A PUBLIC UTILITY, ONE OF WHOM SHALL BE A
REPRESENTATIVE OF A HEALTH CARE FACILITY AND ONE OF WHOM SHALL BE A RISK
MANAGER.  Each member agency may designate an executive level officer of
that agency, with responsibility for disaster preparedness matters,  who
may  represent  that  agency  on the commission. The commissioner of the
division of homeland security and  emergency  services  shall  serve  as
chair of the commission, and the governor shall designate the vice chair
of the commission. The members of the commission, except those who serve
ex  officio,  shall  be  allowed  their  actual  and  necessary expenses
incurred in the performance of their duties under this article but shall
receive no additional compensation for  services  rendered  pursuant  to
this article.
  2.  The  commission,  on  call of the chairperson, shall meet at least
twice each year and at such other times as may be necessary. The  agenda
and meeting place of all regular meetings shall be made available to the
public  in  advance of such meetings and all such meetings shall be open
to the public. The commission shall establish  quorum  requirements  and
other  rules  and procedures regarding conduct of its meetings and other
affairs.
  3. The commission shall have the  following  powers  and  responsibil-
ities:
  a.  study  all  aspects  of  man-made  or natural disaster prevention,
response and recovery;
  b. request and obtain from any  state  or  local  officer  or  agency,
PRIVATE  AGENCY  OR  RISK MANAGER any information OR ADVICE necessary to
the commission for the exercise of its responsibilities;
  c. prepare and, as appropriate, revise a state comprehensive emergency
management plan. The commission shall report all revisions to such  plan
by  March thirty-first of each year to the governor, the legislature and
the chief judge of the state, unless a current version of  the  plan  is
available to the public on the website of the division of homeland secu-
rity  and  emergency  services.  In preparing such plans, the commission
shall consult with federal and local officials, emergency service organ-
izations including both  volunteer  and  commercial  emergency  response
organizations,  PRIVATE  AGENCIES,  RISK  MANAGERS  and the public as it
deems appropriate. To the extent such plans impact  upon  administration
of  the civil and criminal justice systems of the state, including their
operational and fiscal needs in times of disaster emergency, the commis-
sion, its staff and any working  group,  task  force,  agency  or  other
instrumentality  to which it may delegate responsibility to assist it in
its duties shall consult with the chief administrator of the courts  and
coordinate  their  preparation with him or her or with his or her repre-
sentatives;

S. 3761--A                          5

  d. prepare, keep current and distribute to chief  executives,  PRIVATE
AGENCIES,  BUSINESS  ORGANIZATIONS,  and others an inventory of programs
directly relevant to  prevention,  minimization  of  damage,  readiness,
operations during disasters, and recovery following disasters;
  e.  direct  state  disaster  operations  and coordinate state disaster
operations with local AND PRIVATE AGENCY disaster  operations  following
the declaration of a state disaster emergency;
  f.  (1) unless it deems it unnecessary, create, following the declara-
tion of a state disaster emergency,  a  temporary  organization  in  the
disaster  area  to  provide  for integration and coordination of efforts
among  the  various  federal,  state,  municipal  and  private  agencies
involved.  The  commission,  upon a request from a municipality and with
the approval of the governor, shall direct the temporary organization to
assume direction of the local disaster operations of such  municipality,
AND  COOPERATE  WITH  PRIVATE AGENCY DISASTER OPERATIONS for a specified
period of time not to exceed thirty days, and in such cases such  tempo-
rary  organization  shall  assume direction of such local disaster oper-
ations, AND COOPERATE WITH PRIVATE AGENCY DISASTER OPERATIONS subject to
the supervision of the commission. Upon the expiration of the thirty day
period the commission, at the request of the  municipality,  may  extend
the   temporary   organization's   direction   of  such  local  disaster
operations, AND COOPERATE WITH PRIVATE AGENCY  DISASTER  OPERATIONS  for
additional  periods  not  to  exceed thirty days. The commission, upon a
finding that a municipality is unable to  manage  local  disaster  oper-
ations,  may,  with  the  approval of the governor, direct the temporary
organization to assume direction of the local AND PRIVATE AGENCY  disas-
ter  operations of such municipality, for a specified period of time not
to exceed thirty days, and in such  cases  such  temporary  organization
shall  assume  direction of such local AND PRIVATE AGENCY disaster oper-
ations, subject to the supervision of the commission. Upon expiration of
the thirty day period the commission, after consultation with the  muni-
cipality,  and  with the approval of the governor, may extend the tempo-
rary organization's direction of such local AND PRIVATE AGENCY  disaster
operations  for  additional  periods  not to exceed thirty days. In such
event, such temporary organization may utilize such municipality's local
resources, provided, however, that the state shall not be liable for any
expenses incurred in using  such  municipality's  resources.  The  state
shall  not  be  liable  for  the expenses incurred in using third party,
non-state resources deployed to  the  affected  area  by  the  temporary
organization, which are necessary to protect life and safety;
  (2) The state incident management team shall have the authority to act
as  the  operational  arm  of the temporary organization. When called to
duty and deployed by the state, members of any state or  local  incident
management  team  shall  be  deemed temporary employees of the state and
shall have the same privileges and immunities afforded to regular  state
employees, subject to the rules and regulations promulgated by the pres-
ident  of  the  state  civil  service commission pursuant to section one
hundred sixty-three of the civil service law;
  g. assist in the coordination of federal recovery efforts and  coordi-
nate recovery assistance by state and private agencies;
  h. provide for periodic briefings, drills, exercises or other means to
assure  that  all  state,  MUNICIPAL  AND  PRIVATE AGENCY personnel with
direct, SUPERVISORY OR IMPLEMENTATION responsibilities in the event of a
disaster are fully familiar with response and  recovery  plans  and  the
manner in which they shall carry out their responsibilities, and coordi-
nate  with federal, local, PRIVATE AGENCY or other state personnel. Such

S. 3761--A                          6

activities may take place on a regional  or  county  basis,  and  local,
PRIVATE  AGENCY  and  federal participation shall be invited and encour-
aged;
  i.  submit to the governor, the legislature and the chief judge of the
state by March thirty-first of each year an annual  report  which  shall
include but need not be limited to:
  (1) a summary of commission, MUNICIPAL, PRIVATE AGENCY and state agen-
cy  activities  for the year and plans for the ensuing year with respect
to the duties and responsibilities of the commission;
  (2) recommendations on ways to improve state, PRIVATE AGENCY and local
capability to prevent, prepare for, respond to and recover  from  disas-
ters;
  (3) the status of the state, PRIVATE AGENCY and local plans for disas-
ter  preparedness  and  response,  including the name of any locality OR
PRIVATE AGENCY which has failed or refused to develop and implement  its
own  disaster preparedness plan and program; and the extent to which all
forms of local AND PRIVATE AGENCY emergency response  assets  have  been
included,  and  accounted  for  in planning and preparation for disaster
preparedness and response; [and]
  j. develop public service announcements to  be  distributed  to  tele-
vision and radio stations and other media throughout the state informing
the  public how to prepare and respond to disasters. Such public service
announcements shall be distributed in English and such  other  languages
as such commission deems appropriate[.]; AND
  K.  THE  COMMISSION  SHALL  WITHIN  ONE  HUNDRED EIGHTY DAYS AFTER THE
OCCURRENCE OF A NATURAL DISASTER,  EVALUATE  THE  EFFECTIVENESS  OF  THE
STATE  AND LOCAL EMERGENCY MANAGEMENT PLANS, AND THOSE PLANS ESTABLISHED
BY ALL PRIVATE AGENCIES THAT WERE ACTIVATED IN RESPONSE TO SUCH  NATURAL
DISASTER.  IN EVALUATING ALL OF SUCH PLANS, THE REPORT OF THE COMMISSION
SHALL CONSIDER:
  (1) THE OVERALL EFFECTIVENESS OF THE STATE EMERGENCY  MANAGEMENT  PLAN
AND  HOW IT INTERFACED WITH EACH LOCAL EMERGENCY MANAGEMENT PLAN AND THE
PLANS ESTABLISHED BY PRIVATE AGENCIES, AS SUCH PLANS RELATED TO:   MITI-
GATION  OF  THE  LOSS  OF  HUMAN LIFE AND DAMAGE TO PROPERTY, RESCUE AND
RESPONSE TIMES BY EMERGENCY RESPONDERS, ABILITY FOR EACH PLAN TO COORDI-
NATE ITS EFFORTS WITH ALL OTHER EMERGENCY MANAGEMENT PLANS, AND CAPACITY
FOR EACH ADMINISTRATOR OF THE STATE, LOCAL AND PRIVATE AGENCY  PLANS  TO
EFFECTIVELY  COMMUNICATE  WITH EACH OTHER, PERSONNEL UNDER THE DIRECTION
OF OTHER JURISDICTIONS, THE GENERAL PUBLIC AND THOSE LOCATED OUTSIDE  OF
THE DISASTER AREA;
  (2)  THE  EFFECTIVENESS  OF EACH INDIVIDUAL PLAN TO SATISFY THE ARTIC-
ULATED GOALS OF SUCH PLAN AS IT RELATES TO THE ANTICIPATED TIME IN WHICH
SUCH PLAN WAS ACTIVATED, WHETHER SUCH PLAN SHOULD HAVE BEEN ACTIVATED AT
AN EARLIER OR LATER TIME, OVERALL EMERGENCY RESPONSE TIMES BY  COMPONENT
PARTS  OF SUCH PLAN, TO MITIGATE OR CURTAIL THE LOSS OF TARGETED MUNICI-
PAL OR PRIVATE AGENCY SERVICES, TO REINSTATE SUCH MUNICIPAL  OR  PRIVATE
AGENCY SERVICES AFTER THE OCCURRENCE OF SUCH DISASTER, THE EFFECTIVENESS
OF  PERSONNEL  COVERED  UNDER  SUCH  PLAN, INCLUDING, BUT NOT LIMITED TO
ADEQUATE TRAINING AND PERFORMANCE OF ASSIGNED TASKS BY  SUCH  PERSONNEL;
AND
  (3)  THE OVERALL STRENGTHS AND WEAKNESSES OF EACH EMERGENCY MANAGEMENT
PLAN, ITS SHORTCOMINGS AND ITEMS THAT COULD BE IMPROVED UPON  TO  BETTER
SATISFY THE ARTICULATED GOALS OF SUCH PLAN AND IMPROVE THE EFFECTIVENESS
AND COOPERATIVE EFFORTS WITH AND BY OTHER ACTIVATED EMERGENCY MANAGEMENT
PLANS TO BE BETTER PREPARED FOR FUTURE DISASTERS.

S. 3761--A                          7

  AFTER  THE  COMPLETION OF SUCH EVALUATION, THE COMMISSION SHALL REPORT
ITS FINDINGS AND RECOMMENDATIONS DERIVED  FROM  THE  EVALUATION  TO  THE
GOVERNOR,  THE  LEGISLATURE,  THE  CHIEF  JUDGE OF THE COURT OF APPEALS,
APPROPRIATE EMERGENCY MANAGEMENT AGENCY AND THE STATES  WHICH  COOPERATE
WITH THE STATE OF NEW YORK FOR THE PURPOSES OF THIS ARTICLE.
  4.  All  powers  of the state civil defense commission are assigned to
the commission.
  5. The [state] office of emergency management within the  division  of
homeland  security and emergency services shall serve as the operational
arm  of  the  commission  and  shall  be  responsible  for  implementing
provisions  of  this  article  and the rules and policies adopted by the
commission. The director of the [state] office of  emergency  management
within  the  division  of homeland security and emergency services shall
exercise the authority given to the disaster preparedness commission  in
section  twenty-nine  of  this  article,  to coordinate and direct state
agencies and assets in response to a state OR LOCAL disaster  emergency,
through their respective agency heads, on behalf of the governor and the
chair  of  the  disaster preparedness commission, when the governor, the
lieutenant governor, and the chair of the disaster preparedness  commis-
sion  are incapacitated or without an available means of reliable commu-
nication with the [state] office of emergency management. If the  direc-
tor  of the [state] office of emergency management is unable to exercise
this authority, then the executive deputy commissioner of  the  division
of  homeland  security  and  emergency services shall act in [this] SUCH
capacity. In the event that the executive deputy commissioner is  unable
to  exercise  [this]  SUCH authority, then such authority shall be exer-
cised by the official willing and able to do so in the following  order:
the  superintendent  of  [the  division of] state police; the state fire
administrator; or the director of the office of counterterrorism  within
the  division  of  homeland  security and emergency services. Nothing in
this subdivision shall be construed to limit the authority of the gover-
nor, lieutenant governor, or the  chair  of  the  disaster  preparedness
commission  to  oversee  the director of the [state] office of emergency
management within  the  division  of  homeland  security  and  emergency
services  or  any  official  exercising  authority given to the disaster
preparedness commission in section twenty-nine of this article.
  S 5. Section 22 of the executive law, as added by chapter 640  of  the
laws of 1978, subdivision 3 as amended by section 3 of part B of chapter
56 of the laws of 2010, is amended to read as follows:
  S 22. State  disaster  preparedness  plans.  1.  The  commission shall
prepare a state disaster preparedness plan and submit such plan  to  the
governor  for  approval  no  later than one year following the effective
date of this [act] ARTICLE.  The governor shall act upon  such  plan  by
July first of that year.  The commission shall review such plans annual-
ly.
  2.  The  purpose  of  such  plans  shall be to minimize the effects of
disasters by: (i) identifying appropriate measures to prevent disasters,
(ii) developing mechanisms  to  coordinate  the  use  of  resources  and
manpower  for  service  during  and  after  disaster emergencies and the
delivery of services to aid citizens and reduce human suffering  result-
ing  from  a  disaster, and (iii) provide for recovery and redevelopment
after disaster emergencies.
  3. Such plans shall be prepared with such assistance from [other] SUCH
MUNICIPAL AND PRIVATE agencies AND RISK MANAGERS as the commission deems
necessary, and shall include, but not be limited to:

S. 3761--A                          8

  a. Disaster prevention and mitigation. Plans to prevent  and  minimize
the effects of disasters shall include, but not be limited to:
  (1)  COMPREHENSIVE  identification  of  hazards  [and],  assessment of
[risk] RISKS AND PREVENTION OR MITIGATION OF SUCH RISKS;
  (2) recommended disaster prevention and mitigation projects, policies,
priorities, PERSONNEL TRAINING and programs, with suggested  implementa-
tion  schedules,  which outline federal, state, PRIVATE AGENCY and local
roles;
  (3) suggested revisions and additions to building  and  safety  codes,
and  zoning,  COASTAL  AREA,  INLAND  WATERWAY  AREA  and other land use
programs TO PROTECT AND MITIGATE  FUTURE  RISKS  POSED  TO  THE  STATE'S
TRANSPORTATION, UTILITY AND TELECOMMUNICATIONS INFRASTRUCTURE;
  (4)  suggested  ways  in  which  state  agencies can provide technical
assistance to municipalities AND PRIVATE AGENCIES in the development  of
local disaster prevention and mitigation plans and programs;
  (5)  such  other measures as reasonably can be taken to protect lives,
prevent disasters, and reduce the impact of disasters.
  b. Disaster response. Plans to coordinate the  use  of  resources  and
manpower  for  service during and after disaster emergencies, ENHANCE OR
PRESERVE COMMUNICATIONS CAPABILITIES BETWEEN AFFECTED ORGANIZATIONS  AND
THE  GENERAL  PUBLIC, and to deliver services to aid citizens and reduce
human suffering resulting from a disaster emergency shall  include,  but
not be limited to:
  (1) coordination of resources, manpower and services, using recognized
practices  in  incident  management and utilizing existing organizations
and lines of authority and centralized direction of requests for assist-
ance;
  (2) the location, procurement, construction,  processing,  transporta-
tion, storing, maintenance, renovation, distribution, disposal or use of
materials, including those donated, and facilities and services;
  (3) a system for warning AND COMMUNICATING WITH populations who are or
may be endangered;
  (4)  arrangements  for activating state, municipal, PRIVATE AGENCY and
volunteer forces, through normal chains of command so  far  as  possible
and for continued communication and reporting;
  (5) a specific plan for rapid and efficient communication, and for the
integration  of  state  communication facilities during a state disaster
emergency, including the assignment of responsibilities and  the  estab-
lishment  of  communication  priorities,  and  liaison  with  municipal,
private and federal communication facilities;
  (6) a plan for coordinated evacuation procedures, including the estab-
lishment of temporary housing OR EMERGENCY SHELTERS, and other necessary
facilities FOR DISPLACED INDIVIDUALS AND FAMILIES. SUCH TEMPORARY  HOUS-
ING  AND  EMERGENCY  SHELTERS SHALL PROVIDE ADEQUATE PROTECTION FROM THE
ELEMENTS, FOOD, HEATING, COOLING AND  VENTILATION,  CLOTHING,  NECESSARY
MEDICAL  CARE,  AND  PROVISIONS FOR DISPLACED INDIVIDUALS TO PROVIDE FOR
THEIR OWN BASIC PERSONAL HYGIENE NEEDS. IN ADDITION,  SUCH  HOUSING  AND
SHELTERS SHALL HAVE ADEQUATE STAFFING LEVELS TO CARE FOR THE BASIC NEEDS
OF  ALL SUCH DISPLACED INDIVIDUALS AND FAMILIES, INCLUDING SPECIAL NEEDS
POPULATIONS SUCH AS FAMILY UNITS WITH YOUNG  CHILDREN,  PREGNANT  WOMEN,
THE ELDERLY, PERSONS WITH DISABILITIES, PERSONS WITH MENTAL DISABILITIES
AS  DEFINED IN THE MENTAL HYGIENE LAW, THE HOMELESS AND OTHER VULNERABLE
POPULATIONS;
  (7) criteria for establishing priorities with respect to the  restora-
tion of vital services and debris removal;

S. 3761--A                          9

  (8) plans for the continued effective operation of the civil and crim-
inal justice systems;
  (9) provisions for training state, PRIVATE AGENCY and local government
personnel and volunteers in disaster response operations;
  (10) providing information to the public;
  (11) care for the injured and needy and identification and disposition
of the dead;
  (12)  utilization  and  coordination  of programs to assist victims of
disasters, with particular attention to  the  needs  of  the  poor,  THE
DISPLACED,  FAMILIES  WITH CHILDREN, the elderly, individuals with disa-
bilities and other groups which may be especially affected;
  (13) control of ingress and egress to and from a disaster area;
  (14) arrangements to administer federal disaster assistance;
  (15) a system for obtaining  and  coordinating  situational  awareness
including  the  centralized assessment of disaster effects and resultant
needs; and
  (16) utilization and coordination of programs  to  assist  individuals
with  household  pets  and  service  animals  following a disaster, with
particular attention to means of evacuation, shelter, FEEDING and trans-
portation options.
  c. Recovery. Plans to provide for  recovery  and  redevelopment  after
disaster emergencies shall include, but not be limited to:
  (1)  measures  to  coordinate  state  AND PRIVATE agency assistance in
recovery efforts;
  (2) arrangements to administer federal recovery assistance; and
  (3) such other measures as reasonably can be taken to  assist  in  the
development  and  implementation  of  local  AND PRIVATE AGENCY disaster
recovery plans.
  S 6. Section 23 of the executive law, as amended by section 4 of  part
B of chapter 56 of the laws of 2010, is amended to read as follows:
  S 23. Local  comprehensive emergency management plans. 1. Each county,
except those contained within the city of New York, and each city,  town
and  village is authorized to prepare comprehensive emergency management
plans. The disaster preparedness commission AND PRIVATE  AGENCIES  shall
provide  assistance  and advice for the development of such plans. City,
town and village plans shall be coordinated with the county plan.
  2. The purpose of such plans shall be to minimize the effect of disas-
ters by (i) identifying appropriate local AND PRIVATE AGENCY measures to
prevent disasters, (ii) developing mechanisms to coordinate the  use  of
local  AND  PRIVATE AGENCY resources and manpower for service during and
after disasters and the delivery of services to aid citizens and  reduce
human  suffering  resulting  from  a  disaster,  and (iii) providing for
recovery and redevelopment after disasters.
  3. Plans for coordination of resources, manpower  and  services  shall
provide  for  a  centralized  coordination and direction of requests for
assistance.
  4. Plans for coordination of assistance shall provide for  utilization
of existing organizations and lines of authority.
  5.  In  preparing such plans, cooperation, advice and assistance shall
be sought from local government officials, regional and  local  planning
agencies,  police  agencies,  fire departments and fire companies, local
emergency  management  agencies,  commercial  and  volunteer   ambulance
services, health and social services officials, PRIVATE AGENCIES, commu-
nity  action  agencies, the chief administrator of the courts, organiza-
tions for the elderly and the handicapped, RISK AND  INCIDENT  MANAGERS,
other  interested groups and the general public. Such advice and assist-

S. 3761--A                         10

ance may be obtained through public hearings held on public  notice,  or
through other appropriate methods.
  6. All plans for comprehensive emergency management developed by local
governments  or  any revisions thereto shall be submitted to the commis-
sion by December thirty-first of each year to facilitate  state  coordi-
nation of disaster operations.
  7. Such plans shall include, but not be limited to:
  a.  Disaster  prevention and mitigation. Plans to prevent and minimize
the effects of disasters shall include, but not be limited to:
  (1) COMPREHENSIVE  identification  of  hazards  [and],  assessment  of
[risk] RISKS AND PREVENTION OR MITIGATION OF SUCH RISKS;
  (2) recommended disaster prevention and mitigation projects, policies,
PERSONNEL  TRAINING, priorities and programs, with suggested implementa-
tion schedules, which outline federal, state, PRIVATE AGENCY  and  local
roles;
  (3) suggested revisions and additions to building and safety codes and
zoning,  COASTAL AREA, INLAND WATERWAY AREA and other land use programs,
TO PROTECT AND MITIGATE FUTURE  RISKS  POSED  TO  LOCAL  TRANSPORTATION,
UTILITY  AND TELECOMMUNICATIONS INFRASTRUCTURE, AND THE NECESSARY TRAIN-
ING OF PERSONNEL TO ENFORCE SUCH PROVISIONS;
  (4) such other measures as reasonably can be taken to  protect  lives,
prevent disasters, and reduce their impact.
  b.  Disaster  response.  Plans  to coordinate the use of resources and
manpower for service during and after  disasters,  ENHANCE  OR  PRESERVE
COMMUNICATIONS  CAPABILITIES  BETWEEN  AFFECTED  ORGANIZATIONS  AND  THE
GENERAL PUBLIC, and to deliver services to aid citizens and reduce human
suffering resulting from a disaster shall include, but  not  be  limited
to:
  (1) coordination of resources, manpower and services, using recognized
practices  in  incident management, utilizing existing organizations and
lines of authority and centralized direction of requests for assistance;
  (2) the location, procurement, construction,  processing,  transporta-
tion, storing, maintenance, renovation, distribution, disposal or use of
materials,  including  those  donated, and facilities and services which
may be required in time of disaster;
  (3) a system for warning AND COMMUNICATING WITH populations who are or
may be endangered;
  (4) arrangements for activating municipal, PRIVATE AGENCY  and  volun-
teer  forces,  through  normal chains of command so far as possible, and
for continued communication and reporting;
  (5) a specific plan for rapid and efficient communication and for  the
integration  of local communication facilities during a disaster includ-
ing the assignment of responsibilities and the establishment of communi-
cation priorities and liaison with municipal, private, state and federal
communication facilities;
  (6) a plan for coordination evacuation procedures including the estab-
lishment of temporary housing OR EMERGENCY SHELTERS, and other necessary
facilities FOR DISPLACED INDIVIDUALS AND FAMILIES. SUCH TEMPORARY  HOUS-
ING  AND  EMERGENCY  SHELTERS SHALL PROVIDE ADEQUATE PROTECTION FROM THE
ELEMENTS, FOOD, HEATING, COOLING AND  VENTILATION,  CLOTHING,  NECESSARY
MEDICAL  CARE,  AND  PROVISIONS FOR DISPLACED INDIVIDUALS TO PROVIDE FOR
THEIR OWN BASIC PERSONAL HYGIENE NEEDS. IN ADDITION,  SUCH  HOUSING  AND
SHELTERS SHALL HAVE ADEQUATE STAFFING LEVELS TO CARE FOR THE BASIC NEEDS
OF  ALL SUCH DISPLACED INDIVIDUALS AND FAMILIES, INCLUDING SPECIAL NEEDS
POPULATIONS SUCH AS FAMILY UNITS WITH YOUNG  CHILDREN,  PREGNANT  WOMEN,
THE ELDERLY, PERSONS WITH DISABILITIES, PERSONS WITH MENTAL DISABILITIES

S. 3761--A                         11

AS  DEFINED IN THE MENTAL HYGIENE LAW, THE HOMELESS AND OTHER VULNERABLE
POPULATIONS;
  (7)  criteria for establishing priorities with respect to the restora-
tion of vital services and debris removal;
  (8) plans for the continued effective operation of the civil and crim-
inal justice systems;
  (9) provisions  for  training  local  government  AND  PRIVATE  AGENCY
personnel and volunteers in disaster response operations;
  (10) providing information to the public;
  (11) care for the injured and needy and identification and disposition
of the dead;
  (12)  utilization  and  coordination  of programs to assist victims of
disasters, with particular attention to  the  needs  of  the  poor,  THE
DISPLACED,  FAMILIES  WITH CHILDREN, the elderly, individuals with disa-
bilities and other groups which may be especially affected;
  (13) control of ingress and egress to and from a disaster area;
  (14) arrangements to administer state and federal disaster assistance;
  (15) procedures under which the county, city, town, village  or  other
political subdivision, PRIVATE AGENCY and emergency organization person-
nel and resources will be used in the event of a disaster;
  (16)  a  system  for  obtaining  and coordinating disaster information
including the centralized  assessment  of  local  disaster  effects  and
resultant needs;
  (17) continued operation of governments of political subdivisions; and
  (18)  utilization  and  coordination of programs to assist individuals
with household pets and  service  animals  following  a  disaster,  with
particular  attention to means of evacuation, shelter and transportation
options.
  c. Recovery. Local plans to provide  for  recovery  and  redevelopment
after disasters shall include, but not be limited to:
  (1)  recommendations for replacement, reconstruction, removal or relo-
cation of damaged or destroyed public or private  facilities  INCLUDING,
BUT  NOT  LIMITED  TO,  ROADS,  RAILWAYS,  AIRPORTS, TELECOMMUNICATIONS,
PUBLIC UTILITIES AND HEALTH CARE FACILITIES, proposed new or  amendments
to  zoning,  subdivision,  building, COASTAL AREA, INLAND WATERWAY AREA,
sanitary or fire prevention regulations and recommendations for economic
development and community development in order to minimize the impact of
any potential future disasters on the community.
  (2) provision for cooperation  with  state  and  federal  agencies  in
recovery efforts.
  (3)  provisions for training and educating local disaster officials or
organizations AND PRIVATE AGENCIES in the  preparation  of  applications
for federal and state disaster recovery assistance.
  S  7.  Subdivisions  2  and 5 of section 23-a of the executive law, as
added by chapter 658 of the  laws  of  1996,  are  amended  to  read  as
follows:
  2.  Upon the establishment of a voluntary registry of disabled persons
as provided in subdivision one of  this  section,  the  chief  executive
shall  make  such registry available to the appropriate county, PRIVATE,
state and federal agencies for their use in delivering services  in  the
event  of a local or state disaster. The chief executive shall, upon the
request of the [state] OFFICE OF emergency management [office],  provide
such  registry  information  to such office. The chief executive may, at
his OR HER discretion, use the registry information for  local  disaster
preparedness  only  in coordination with other political subdivisions of
the state.

S. 3761--A                         12

  5. All community-based services providers, including home health  care
providers  AND  PRIVATE  AGENCIES,  shall  assist the chief executive by
collecting registration information for people  with  special  needs  as
part  of program intake processes, establishing programs to increase the
awareness  of  the registration process, and educating clients about the
procedures that may be necessary for their safety during disasters.
  S 8. Section 23-b of the executive law, as added by chapter 589 of the
laws of 2008, subdivision 4 as added by chapter 115 of the laws of 2010,
is amended to read as follows:
  S 23-b. [Nursing home and assisted living] HEALTH CARE facility plans.
1. After consultation with the commissioner of health, the  director  of
the  office for the aging, and the [director] COMMISSIONER of the [state
office] DIVISION  of  homeland  security  AND  EMERGENCY  SERVICES,  AND
CONSISTENT  WITH  THE DISASTER PREPAREDNESS PLAN ESTABLISHED PURSUANT TO
SECTION TWENTY-EIGHT HUNDRED SIX-C OF THE PUBLIC HEALTH LAW, the commis-
sion shall establish standards for [nursing homes, adult homes, enriched
housing programs and assisted living residences] HEALTH CARE  FACILITIES
regarding disaster preparedness.
  2.  Each  such  facility  shall  be assisted in the establishment of a
disaster preparedness plan. The plan shall include, but not  be  limited
to, the following:
  (a)  Maintaining  a  supply  of  food,  water and to the extent deemed
necessary and feasible in the reasonable judgment of the operator of the
facility, THE PROVISION OF MEDICAL CARE AND medication in reserve in the
event that obtaining such items should become difficult or impossible.
  (b) [In the reasonable judgment of the facility, having] HAVING access
to a generator or generators OR ALTERNATIVE SOURCES sufficient to supply
electrical power AND TELECOMMUNICATIONS CAPABILITIES to the facility.
  (c) Establishing an evacuation  plan  for  residents  AND/OR  PATIENTS
including an alternative site suitable for temporary use.
  (d) Establishing [staffing] plans WHICH PROVIDE FOR NECESSARY STAFFING
during a disaster.
  3. Such plans shall be [made available to] FILED WITH the county emer-
gency management office AND THE COMMISSION.
  4.  Nothing  in this section shall be deemed to modify or override any
requirements in regulations duly promulgated by a state  agency,  or  to
limit  any lawful authority of a state agency to promulgate regulations,
with respect to disaster preparedness of such facilities,  the  contents
of  their  disaster  preparedness  plans  or the process for approval of
those plans.
  S 9. Section 23-c of the executive law, as added by chapter 415 of the
laws of 2009, is amended to read as follows:
  S 23-c. Consistency among local disaster preparedness  plans.  1.  The
local  disaster  preparedness  plans  for  each county, city, town, [or]
village OR PRIVATE AGENCY shall be so developed  that  no  part  of  the
local  disaster  preparedness plan of any county or any city, town, [or]
village OR PRIVATE AGENCY within such county conflicts with any part  of
the  local  disaster preparedness plan of any of the other said entities
within such county or such county itself.  In  the  event  of  any  such
conflict, such conflict shall be resolved by such county. The provisions
of  this  subdivision  shall  not apply to a city wholly containing more
than one county or to any county wholly contained within any such city.
  2. In the event that any part of the local disaster preparedness  plan
of  any  county or any city, town, [or] village OR PRIVATE AGENCY within
such county conflicts with any part of the local  disaster  preparedness
plan  of  any  other  county  or any city, town, [or] village OR PRIVATE

S. 3761--A                         13

AGENCY within any such other county, such conflict shall be resolved  by
the [state] OFFICE OF emergency management [office], as defined in para-
graph  (e)  of subdivision one of section twenty-nine-e of this article.
The  provisions of this subdivision shall not apply to any county wholly
contained within a city wholly containing more than one county. Any city
wholly  containing  more  than  one  county  shall  be  subject  to  the
provisions of this subdivision as if it were a county.
  3.  [Said state] THE OFFICE OF emergency management [office] is hereby
authorized and directed to promulgate any rules or regulations  or  take
any  other  measures  necessary  to  effectuate  the  provisions of this
section.
  S 10. Subdivisions 3 and 4 of section 25  of  the  executive  law,  as
added  by  chapter  640  of  the  laws  of  1978, are amended to read as
follows:
  3. A chief executive may also request and accept assistance  from  any
other  political subdivision OR PRIVATE AGENCY and may receive therefrom
and utilize any real or personal property or the service of any  person-
nel thereof on such terms and conditions as may be mutually agreed to by
the  chief executives of the requesting and assisting political subdivi-
sions AND THE HEAD OF THE PRIVATE AGENCY.
  4. Upon the receipt of a  request  for  assistance  made  pursuant  to
subdivision  two  or  three  of this section, the chief executive of any
political subdivision OR PRIVATE AGENCY may give, lend or lease, on such
terms and conditions as he OR SHE may  deem  necessary  to  promote  the
public  welfare  and protect the interests of such political subdivision
OR PRIVATE AGENCY, any  services,  equipment,  facilities,  supplies  or
other  resources  of his OR HER political subdivision OR PRIVATE AGENCY.
Any lease or loan of real or personal property pursuant to this subdivi-
sion, or any transfer of personnel pursuant hereto, shall  be  only  for
the  purpose  of  assisting a political subdivision in emergency relief,
reconstruction, or rehabilitation made necessary by the disaster.
  S 11. Subdivisions 2 and 3 of section 28-a of the  executive  law,  as
amended  by  chapter  641  of  the  laws of 1978, are amended to read as
follows:
  2. The commission AND PRIVATE AGENCIES shall provide technical assist-
ance in the development of such plans upon the request of  such  county,
city, town or village.
  3. A local recovery and redevelopment plan shall include, but need not
be  limited  to: plans for replacement, reconstruction, removal or relo-
cation of damaged or destroyed facilities AND PUBLIC UTILITIES; proposed
new or amended regulations such as zoning, subdivision, building,  COAS-
TAL  AREA,  INLAND  WATERWAY  AREA or sanitary ordinances and codes; THE
PLANS OF PRIVATE AGENCIES RELATED TO DISASTER  RECOVERY  AND  REDEVELOP-
MENT;  and  plans  for economic recovery and community development. Such
plans shall take into account and to the extent practicable  incorporate
relevant  existing  plans  and  policies  and such plans shall take into
account the need to minimize the potential impact of any  future  disas-
ters on the community.
  S  12. Section 29 of the executive law, as added by chapter 640 of the
laws of 1978, is amended to read as follows:
  S 29. Direction of state agency assistance in  a  disaster  emergency.
Upon  the  declaration  of  a  state disaster emergency the governor may
direct any and all agencies of the state government AND REQUEST  COOPER-
ATION FROM PRIVATE AGENCIES to provide assistance under the coordination
of  the  disaster  preparedness  commission.  Such  state assistance may
include: (1) utilizing, lending, or giving  to  political  subdivisions,

S. 3761--A                         14

with  or without compensation therefor, equipment, supplies, facilities,
services of state OR PRIVATE  AGENCY  personnel,  and  other  resources,
other  than  the extension of credit; (2) distributing medicine, medical
supplies,  food  and  other  consumable  supplies  through any public or
private agency authorized to distribute  the  same;  (3)  performing  on
public  or  private  lands  temporary  emergency  work essential for the
protection of public health and safety, clearing  debris  and  wreckage,
making emergency repairs to and temporary replacements of public facili-
ties  of political subdivisions OR PUBLIC UTILITIES damaged or destroyed
as a result of such disaster; and (4) making such  other  use  of  their
facilities,  equipment,  supplies  and  personnel as may be necessary to
assist in coping with the disaster or any emergency resulting therefrom.
  S 13. Section 29-a of the executive law, as added by  chapter  640  of
the  laws  of  1978,  subdivision 1 as amended by section 7 of part G of
chapter 55 of the laws of 2012, is amended to read as follows:
  S 29-a. Suspension of other laws.  1. Subject to the  state  constitu-
tion, the federal constitution and federal statutes and regulations, the
governor  may by executive order temporarily suspend specific provisions
of any statute, local law, ordinance, [or] orders, rules or regulations,
or parts thereof, of any agency during a state  disaster  emergency,  if
compliance  with  such provisions would prevent, hinder, or delay action
necessary to cope with OR RECOVER FROM the disaster.
  2. Suspensions pursuant to subdivision one of this  section  shall  be
subject to the following standards and limits:
  a. no suspension shall be made for a period in excess of [thirty days]
ONE  YEAR,  provided,  however,  that upon reconsideration of all of the
relevant facts and circumstances, the governor may extend the suspension
for additional periods not to exceed thirty days each;
  b. no suspension shall be made which does not safeguard the health and
welfare of the public [and which is  not  reasonably  necessary  to  the
disaster effort];
  c.  any  such  suspension  order shall specify the statute, local law,
ordinance, order, rule or regulation or part thereof to be suspended and
the terms and conditions of the suspension;
  d. the order may provide for such  suspension  only  under  particular
circumstances, and may provide for the alteration or modification of the
requirements of such statute, local law, ordinance, order, rule or regu-
lation suspended, and may include other terms and conditions; AND
  e.  [any such suspension order shall provide for the minimum deviation
from the requirements of the statute, local law, ordinance, order,  rule
or  regulation  suspended  consistent  with  the  disaster action deemed
necessary; and
  f.] when practicable, specialists shall be assigned to assist with the
related emergency AND RECOVERY actions to avoid needless adverse effects
resulting from such suspension.
  3. Such suspensions shall be effective from the time and in the manner
prescribed in such orders and shall be published as soon as  practicable
in the state bulletin.
  4.  The  legislature  may terminate OR EXPAND by concurrent resolution
executive orders issued under this section at any time.
  S 14. Subdivision 1 of section 29-b of the executive law,  as  amended
by  section 7 of part B of chapter 56 of the laws of 2010, is amended to
read as follows:
  1.   The governor may, in his or  her  discretion,  direct  the  state
disaster  preparedness  commission  to  conduct an emergency exercise or
drill, under its direction, in which all or any  of  the  personnel  and

S. 3761--A                         15

resources  of the agencies of [the commission of] the state AND IN COOP-
ERATION WITH PRIVATE AGENCIES may be  utilized  to  perform  the  duties
assigned  to  them  in  a  disaster,  for  the purpose of protecting and
preserving  human  life  or property in a disaster. During a disaster or
such drill or exercise, disaster emergency  response  personnel  in  the
state shall operate under the direction and command of the chair of such
commission,  and  shall  possess the same powers, duties, rights, privi-
leges and immunities as are applicable in a civil defense drill held  at
the direction of the state civil defense commission under the provisions
of the New York state defense emergency act.
  S  15. Subdivision 1 of section 29-e of the executive law, as added by
chapter 603 of the laws of 1993, paragraph (e) as amended by  section  8
of  part  B  of  chapter  56  of the laws of 2010, is amended to read as
follows:
  1. For purposes of this section the following  terms  shall  have  the
following meanings:
  (a)  "Infrastructure"  shall mean and include publicly owned storm and
sanitary sewers, water supply systems, drainage systems,  PUBLIC  UTILI-
TIES, transportation systems, roads and bridges.
  (b)  "Municipality"  shall  mean any county, city, village, or town of
the state.
  (c) "Public facilities" shall mean and include publicly  owned  build-
ings,  including  traditional government buildings, such as courthouses,
firehouses, police stations, parks, recreational facilities, and correc-
tional facilities.
  (d) "Fund" shall mean the state's contingency reserve fund established
by law.
  (e) ["The office] "OFFICE of  emergency  management"  shall  mean  the
office  OF EMERGENCY MANAGEMENT within the division of homeland security
and emergency services.
  S 16. Subparagraph 1 of paragraph (b) of subdivision 3 of section 29-g
of the executive law, as added by chapter 299 of the laws  of  2001,  is
amended to read as follows:
  (1)  A description of the emergency service function for which assist-
ance is needed, such as, but not limited to, fire services, law enforce-
ment, emergency medical, transportation,  communications,  public  works
and  engineering,  building inspection, planning and information assist-
ance, mass care, PROVISION OF SHELTER TO DISPLACED INDIVIDUALS AND FAMI-
LIES, resource support, health and  medical  services,  and  search  and
rescue.
  S 17. Subdivision 1 of section 377 of the executive law, as amended by
chapter 309 of the laws of 1996, is amended to read as follows:
  1.  The council shall formulate a uniform fire prevention and building
code which shall take effect on  the  first  day  of  January,  nineteen
hundred  eighty-four. The council may from time to time amend particular
provisions of the uniform code and shall periodically review the  entire
code  to assure that it effectuates the purposes of this article and the
specific objectives and standards hereinafter set forth. IN  THE  FORMU-
LATION  OF  SUCH  CODE,  BOTH THE COUNCIL AND SECRETARY, IN CONSULTATION
WITH THE DISASTER PREPAREDNESS COMMISSION, MAY ESTABLISH STANDARDS WHICH
PROVIDE FOR THE OPTIMAL SURVIVABILITY OF ALL BUILDINGS, INCLUDING COMMU-
NITY BUILDINGS AND FACILITIES, IN THE CASE OF A  DISASTER,  PARTICULARLY
THOSE  COMMUNITY  BUILDINGS  AND FACILITIES LOCATED IN COASTAL AREAS AND
INLAND WATERWAY AREAS THAT MAY BE USED AS  EMERGENCY  SHELTERS,  COMMAND
CENTERS  OR  TO RESPOND TO A NATURAL DISASTER.  FURTHERMORE, THE UNIFORM
CODE SHALL ESTABLISH STANDARDS FOR THE SURVIVABILITY  AND  OPERATION  OF

S. 3761--A                         16

BACK-UP GENERATORS AND ALTERNATIVE ELECTRICITY SOURCES FOR HOSPITALS AND
RESIDENTIAL  HEALTH  CARE  FACILITIES  DURING  A DISASTER. The secretary
shall conduct public hearings on said uniform  code  and  any  amendment
thereto.  The  secretary  shall  review such code or amendment, together
with any changes incorporated by the council as a result of  such  hear-
ings,  to insure that it effectuates the purposes of this article.  Upon
being so satisfied, the secretary shall approve said code  or  amendment
prior to its becoming effective.
  S 18. Subdivision 1 of section 713 of the executive law, as amended by
section  16  of  part B of chapter 56 of the laws of 2010, is amended to
read as follows:
  1. Notwithstanding any other provision of law, the commissioner of the
division of homeland security and emergency  services  shall  conduct  a
review  and  analysis  of  measures  being  taken  by the public service
commission and any other agency or authority of the state or  any  poli-
tical subdivision thereof and, to the extent practicable, of any federal
entity,  to  protect  the security of critical infrastructure related to
energy generation and transmission located within the state BOTH  DURING
TIMES  OF NORMAL OPERATIONS, AND BEFORE, DURING AND AFTER THE OCCURRENCE
OF VARIOUS TYPES OF NATURAL DISASTERS. The commissioner of the  division
of  homeland security and emergency services shall have the authority to
review any audits or reports related to the security  of  such  critical
infrastructure,  including audits or reports conducted at the request of
the public service commission or any other agency or  authority  of  the
state  or  any political subdivision thereof or, to the extent practica-
ble, of any federal entity. The owners  and  operators  of  such  energy
generating  or  transmission  facilities  shall,  in compliance with any
federal and state  requirements  regarding  the  dissemination  of  such
information, provide access to the commissioner of the division of home-
land security and emergency services to such audits or reports regarding
such  critical  infrastructure provided, however, that exclusive custody
and control of such audits and reports  shall  remain  solely  with  the
owners  and  operators of such energy generating or transmission facili-
ties. For the purposes of this article, the term  "critical  infrastruc-
ture"  has  the  meaning  ascribed  to  that term in subdivision five of
section eighty-six of the public officers law.
  S 19. The public service law is amended by adding two new sections 5-a
and 5-c to read as follows:
  S 5-A. NATURAL DISASTER PREPAREDNESS. 1. EVERY UTILITY COMPANY,  WIRE-
LESS  COMMUNICATIONS SERVICE PROVIDER AND CABLE TELEVISION COMPANY SHALL
FILE A NATURAL DISASTER PREPAREDNESS PLAN WITH THE  COMMISSION  FOR  ITS
APPROVAL,  AND  UPDATE SUCH PLAN ON AN ANNUAL BASIS.  EACH SUCH PLAN AND
ANNUAL UPDATE THEREOF SHALL SPECIFY THE  PERSONNEL  AND  RESOURCES  THAT
WILL BE UTILIZED IN THE EVENT OF A DISASTER, AND VARIOUS ACTION PLANS TO
BE  UNDERTAKEN IN THE EVENT OF VARIOUS TYPES OF NATURAL DISASTERS. EVERY
NATURAL DISASTER PREPAREDNESS  PLAN  AND  ANNUAL  UPDATE  THEREOF  SHALL
SPECIFICALLY  PROVIDE  FOR  THE CONDUCTING OF A REGULARLY SCHEDULED TREE
AND VEGETATION TRIMMING AND CLEARANCE PROGRAM FOR THE PURPOSE  OF  MINI-
MIZING  DAMAGE  TO UTILITY LINES, TRANSFORMERS AND OTHER UTILITY INFRAS-
TRUCTURE IN THE EVENT OF A DISASTER AND FACILITATING THE RESTORATION  OF
UTILITY  SERVICES  AFTER  A  NATURAL DISASTER AND TO FACILITATE RECOVERY
EFFORTS AFTER THE NATURAL DISASTER. UPON THE APPROVAL OF SUCH PLAN,  THE
COMMISSION  SHALL  FORWARD  A  COPY  OF  EACH  SUCH PLAN TO THE DISASTER
PREPAREDNESS COMMISSION AND EACH OF  THE  APPROPRIATE  LOCALITIES  WHICH
HAVE  ADOPTED  A LOCAL COMPREHENSIVE EMERGENCY MANAGEMENT PLAN. FURTHER-
MORE, UPON THE APPROVAL  OF  SUCH  DISASTER  PREPAREDNESS  PLAN  BY  THE

S. 3761--A                         17

COMMISSION  AND  UPON EACH ANNUAL UPDATE THEREOF, THE PROVISIONS OF SUCH
PLAN RELATING TO TREE AND  VEGETATION  TRIMMING  AND  CLEARANCE  PROGRAM
SHALL  SUPERSEDE  ANY LOCAL LAW, CODE OR ORDINANCE RELATING THERETO, AND
ANY  SUCH LAW, CODE OR ORDINANCE WHICH LIMITS TREE TRIMMING AS SPECIFIED
AS A PLAN SHALL BE VOID AS AGAINST PUBLIC POLICY.
  2. THE COMMISSION SHALL  ESTABLISH  INDUSTRY  SPECIFIC  STANDARDS  FOR
ACCEPTABLE PERFORMANCE OF EACH UTILITY, REQUIRED TO ESTABLISH AND FILE A
NATURAL  DISASTER  PREPAREDNESS PLAN PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, IN THE EVENT OF A NATURAL DISASTER TO PROTECT PUBLIC HEALTH AND
SAFETY OF ITS RATEPAYERS AND THE GENERAL PUBLIC, TO ENSURE THE RELIABIL-
ITY OF SUCH UTILITY'S SERVICES TO PREVENT AND  MINIMIZE  THE  NUMBER  OF
SERVICE  OUTAGES  OR  DISRUPTIONS,  AND  TO  REDUCE THE DURATION OF SUCH
OUTAGES AND DISRUPTIONS, TO  FACILITATE  RESTORATION  OF  SUCH  SERVICES
AFTER  SUCH OUTAGES OR DISRUPTIONS, AND TO IDENTIFY THE MOST COST-EFFEC-
TIVE LEVEL OF TREE AND VEGETATION TRIMMING AND SYSTEM HARDENING, INCLUD-
ING UNDERGROUNDING NECESSARY TO ACHIEVE THE MAXIMUM RELIABILITY  OF  THE
SYSTEM AND TO MINIMIZE SERVICE OUTAGES. THE COMMISSION SHALL UTILIZE, IN
RATE  SETTING  PROCEEDINGS,  TO RECOVER THE REASONABLE COSTS INCURRED TO
MAINTAIN OR IMPROVE  THE  RESILIENCY  OF  THE  UTILITY'S  INFRASTRUCTURE
NECESSARY  TO  COMPLY  WITH  THE  STANDARDS ESTABLISHED PURSUANT TO THIS
SUBDIVISION.
  3. THE STANDARDS ESTABLISHED BY THE COMMISSION SHALL INCLUDE:
  (A) TARGETS FOR RECOVERY AND RESTORATION OF SERVICE IN  DISASTERS  FOR
SERVICE  OUTAGES  AFFECTING MORE THAN TEN PERCENT, THIRTY PERCENT, FIFTY
PERCENT AND SEVENTY PERCENT OF THE UTILITY'S CUSTOMERS;
  (B) THE ESTABLISHMENT OF A COMMUNICATIONS PLAN  BETWEEN  EACH  UTILITY
AND ITS CUSTOMERS, INCLUDING DURING OTHER THAN NORMAL BUSINESS HOURS;
  (C)  THE  ESTABLISHMENT  OF  COMMUNICATION  AND COORDINATION PROTOCOLS
DEFINING INTERACTIONS BETWEEN EACH UTILITY AND STATE, LOCAL AND  PRIVATE
EMERGENCY  MANAGEMENT  ORGANIZATIONS, RELATING TO EMERGENCY PREPARATION,
ROADWAY CLEARING AND THE ESTABLISHMENT OF RESTORATION PRIORITIES; AND
  (D) ANY OTHER STANDARDS FOR ACCEPTABLE PERFORMANCE  BY  A  UTILITY  TO
ENSURE  THE  RELIABILITY  OF SERVICES BEFORE, DURING AND AFTER A NATURAL
DISASTER, TO PREVENT AND MINIMIZE ANY  SERVICE  OUTAGES  OR  DISRUPTIONS
LASTING  MORE THAN FORTY-EIGHT CONSECUTIVE HOURS AND AFFECTING MORE THAN
TEN PERCENT OF ANY UTILITY'S CUSTOMERS, AND TO FACILITATE RESTORATION OF
SERVICES AFTER SUCH OUTAGES OR DISRUPTIONS.
  S 5-C. NATURAL DISASTER PREPAREDNESS PLAN EVALUATION.  THE  COMMISSION
SHALL  WITHIN  ONE  HUNDRED  EIGHTY DAYS AFTER THE OCCURRENCE OF A STATE
DISASTER EMERGENCY OR A LOCAL STATE OF EMERGENCY  CAUSED  BY  A  NATURAL
DISASTER,  AND  SUBJECT TO SUCH PUBLIC HEARINGS AS IT SHALL DETERMINE TO
BE NECESSARY, EVALUATE THE EFFECTIVENESS OF NATURAL  DISASTER  PREPARED-
NESS  PLANS,  ADOPTED  PURSUANT TO SECTION FIVE-A OF THIS ARTICLE, WHICH
WERE IMPLEMENTED DURING SUCH DISASTER. IN EVALUATING ALL SUCH PLANS, THE
REPORT OF THE COMMISSION SHALL CONSIDER:
  1. THE OVERALL EFFECTIVENESS OF  EACH  NATURAL  DISASTER  PREPAREDNESS
PLAN  AND HOW IT INTERFACED WITH THE STATE EMERGENCY MANAGEMENT PLAN AND
WITH EACH LOCAL EMERGENCY MANAGEMENT PLAN, AS  SUCH  PLANS  RELATED  TO:
MITIGATION  OF THE LOSS OF HUMAN LIFE AND DAMAGE TO PROPERTY, RESCUE AND
RESPONSE TIMES BY EMERGENCY RESPONDERS, ABILITY FOR EACH PLAN TO COORDI-
NATE ITS EFFORTS WITH ALL OTHER EMERGENCY MANAGEMENT PLANS, THE CAPACITY
OF THE PUBLIC UTILITY TO EFFECTIVELY COMMUNICATE WITH  STATE  AND  LOCAL
AGENCIES  AND  THE GENERAL PUBLIC, AND THE TIMELINESS OF THE RESTORATION
OF PUBLIC UTILITY SERVICES;
  2. THE EFFECTIVENESS OF EACH PLAN TO SATISFY THE ARTICULATED GOALS  OF
SUCH  PLAN AS IT RELATES TO THE ANTICIPATED TIME IN WHICH PLAN WAS ACTI-

S. 3761--A                         18

VATED, WHETHER SUCH PLAN SHOULD HAVE BEEN ACTIVATED AT AN EARLIER  TIME,
OVERALL  EMERGENCY  RESPONSE AND UTILITY RESTORATION TIMES OF THE PUBLIC
UTILITY, THE EFFECTIVENESS OF THE  PERSONNEL  COVERED  UNDER  SUCH  PLAN
INCLUDING,  BUT  NOT  LIMITED  TO,  ADEQUATE TRAINING AND PERFORMANCE OF
ASSIGNED TASKS BY SUCH PERSONNEL, AND THE PROVISION OF  NEEDED  SUPPLIES
TO SUCH PERSONNEL;
  3.  THE  OVERALL  STRENGTHS  AND  WEAKNESSES  OF EACH NATURAL DISASTER
PREPAREDNESS PLAN, ITS SHORTCOMINGS AND ITEMS  THAT  COULD  BE  IMPROVED
UPON TO BETTER SATISFY THE ARTICULATED GOALS AND THE REQUIREMENTS ESTAB-
LISHED  BY  THE  COMMISSION,  AND MEANS TO IMPROVE THE EFFECTIVENESS AND
COOPERATIVE EFFORTS WITH OTHER EMERGENCY MANAGEMENT PLANS;
  4. THE UTILITY'S ESTIMATES CONCERNING  POTENTIAL  DAMAGE  AND  SERVICE
OUTAGES  PRIOR  TO  THE  NATURAL  DISASTER  AS THEY RELATE TO THE ACTUAL
DAMAGE AND SERVICE OUTAGE ASSESSMENTS AFTER SUCH DISASTER, THE  RESTORA-
TION MANAGEMENT AFTER THE DISASTER, INCLUDING ACCESS TO ALTERNATE RESTO-
RATION  RESOURCES PURSUANT TO REGIONAL AND RECIPROCAL AID CONTRACTS, AND
ITS PLANNING FOR AT-RISK AND VULNERABLE CUSTOMERS;
  5. THE EFFECTIVENESS OF THE UTILITY'S  TREE  AND  VEGETATION  TRIMMING
PRACTICES; AND
  6. THE UTILITY'S COMPLIANCE WITH THE STANDARDS ESTABLISHED PURSUANT TO
SUBDIVISIONS  TWO  AND  THREE  OF SECTION FIVE-A OF THIS ARTICLE. IN THE
EVENT THAT A UTILITY FAILS TO MEET THE STANDARDS OF ACCEPTABLE  PERFORM-
ANCE  FOR RECOVERY AND RESTORATION OF SERVICES WHEN AN OUTAGE OR SERVICE
DISRUPTION AFFECTS MORE THAN TEN PERCENT, THIRTY PERCENT, FIFTY  PERCENT
OR  SEVENTY  PERCENT OF THE UTILITY'S CUSTOMERS, THE COMMISSION, AFTER A
HEARING THEREON, MAY IMPOSE A FINE UPON THE UTILITY OF NOT MORE THAN TWO
AND ONE-HALF PERCENT OF THE UTILITY'S ANNUAL DISTRIBUTION REVENUE.    IN
DETERMINING  WHETHER  TO  IMPOSE  SUCH A FINE AND THE AMOUNT OF ANY SUCH
FINE, THE COMMISSION SHALL CONSIDER (A) WHETHER  THE  UTILITY  REQUESTED
APPROVAL  FOR  A  MITIGATION ACTIVITY OR TECHNIQUE, AND SUCH REQUEST WAS
DENIED, (B) THE NATURE, SEVERITY, EXTENT AND DURATION OF  THE  DISASTER,
(C)  THE  UTILITY'S  EFFORT  AND  ABILITY  TO  SECURE ADEQUATELY TRAINED
PERSONNEL, EQUIPMENT AND SUPPLIES TO RESPOND TO THE  DISASTER,  AND  (D)
THE  UTILITY'S  ESTIMATED  TIME FRAME FOR THE RESTORATION OF SERVICES IN
RELATION TO THE ACTUAL TIME IT TOOK TO RESTORE SERVICES AFTER THE DISAS-
TER.  ANY SUCH FINE SHALL NOT BE DEEMED TO BE A PORTION OF THE UTILITY'S
BASE EXPENSES NOR SHALL ANY SUCH FINE BE AN  EXPENSE  IMPOSED  UPON  ITS
RATEPAYERS. EVERY SUCH FINE SHALL BE ASSESSED IN THE FORM OF A CREDIT TO
THOSE  RATEPAYERS  MOST  ACUTELY  AFFECTED  BY  THE  SERVICE  OUTAGE AND
DISRUPTION CAUSED BY THE DISASTER.
  S 20. The public health law is amended by adding a new section  2806-c
to read as follows:
  S  2806-C.  NATURAL  DISASTER  PREPAREDNESS. IN CONJUNCTION WITH THEIR
DUTIES PURSUANT TO SECTION TWENTY-THREE-B OF THE  EXECUTIVE  LAW,  EVERY
HOSPITAL  AND  RESIDENTIAL  HEALTH  CARE  FACILITY  SHALL FILE A NATURAL
DISASTER PREPAREDNESS PLAN WITH THE COUNCIL FOR ITS APPROVAL, AND UPDATE
SUCH PLAN ON AN ANNUAL BASIS.  EACH SUCH PLAN AND ANNUAL UPDATE  THEREOF
SHALL  SPECIFY  THE PERSONNEL AND RESOURCES THAT WILL BE UTILIZED IN THE
EVENT OF A NATURAL DISASTER, AND VARIOUS ACTION PLANS TO  BE  UNDERTAKEN
IN  THE  EVENT  OF  VARIOUS  TYPES  OF NATURAL DISASTERS. EVERY DISASTER
PREPAREDNESS PLAN AND ANNUAL UPDATE THEREOF SHALL PROVIDE FOR THE ACQUI-
SITION AND OPERATION OF SURVIVABLE  BACK-UP  GENERATORS  OR  ALTERNATIVE
ENERGY  SOURCES  IN  THE  EVENT  OF  A  DISASTER. UPON THE APPROVAL OF A
NATURAL DISASTER PREPAREDNESS PLAN AND UPON EACH ANNUAL UPDATE  THEREOF,
THE  COUNCIL  SHALL  FORWARD  A  COPY  OF EACH SUCH PLAN TO THE DISASTER

S. 3761--A                         19

PREPAREDNESS COMMISSION AND EACH OF  THE  APPROPRIATE  LOCALITIES  WHICH
HAVE ADOPTED A LOCAL COMPREHENSIVE EMERGENCY MANAGEMENT PLAN.
  S 21. The state finance law is amended by adding a new section 95-h to
read as follows:
  S  95-H.  NATURAL  DISASTER  PREPAREDNESS REVOLVING LOAN ACCOUNT.   1.
THERE  IS  HEREBY  ESTABLISHED  WITHIN  THE  COMBINED  EXPENDABLE  TRUST
FUND-020  IN  THE  CUSTODY  OF THE STATE COMPTROLLER A NEW ACCOUNT TO BE
KNOWN AS THE "NATURAL DISASTER PREPAREDNESS REVOLVING LOAN ACCOUNT".
  2. SUCH ACCOUNT SHALL CONSIST  OF  ALL  MONEYS  APPROPRIATED  FOR  ITS
PURPOSE, ALL MONEYS TRANSFERRED TO SUCH ACCOUNT PURSUANT TO LAW, AND ALL
MONEYS  REQUIRED  BY  THIS  SECTION  OR ANY OTHER LAW TO BE PAID INTO OR
CREDITED INTO THIS ACCOUNT, INCLUDING ALL MONEYS RECEIVED BY THE ACCOUNT
OR DONATED TO IT, PAYMENTS OF PRINCIPAL AND INTEREST ON LOANS MADE  FROM
THE ACCOUNT, AND ANY INTEREST EARNINGS WHICH MAY ACCRUE FROM THE INVEST-
MENT OR REINVESTMENT OF MONEYS FROM THE ACCOUNT.
  3.  MONEYS  OF  THE ACCOUNT, WHEN ALLOCATED, SHALL BE AVAILABLE TO THE
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
TO MAKE LOANS AS PROVIDED IN THIS  SECTION.    SUCH  COMMISSIONER,  UPON
APPLICATION  DULY  MADE,  UP  TO THE AMOUNTS AVAILABLE BY APPROPRIATION,
LOANS FOR DISASTER PREPAREDNESS EXPENDITURES BY  MUNICIPALITIES,  HEALTH
CARE  FACILITIES  AND  TELECOMMUNICATIONS  PROVIDERS  PURSUANT  TO OR IN
RESPONSE TO ARTICLE TWO-B OF THE EXECUTIVE  LAW.  SUCH  LOANS  SHALL  BE
UTILIZED  FOR  CAPITAL  IMPROVEMENTS  AND PURCHASES AND INSTALLATION FOR
FIXTURES WHEN TO ENSURE THE PROVISION  OF  SERVICE  BEFORE,  DURING  AND
AFTER NATURAL DISASTERS.
  4.  NO  LOAN  AUTHORIZED  BY  THIS SECTION SHALL HAVE AN INTEREST RATE
EXCEEDING TWO AND ONE-HALF PERCENT. THE PERIOD OF  ANY  LOAN  SHALL  NOT
EXCEED THE PERIOD OF PROBABLE USEFULNESS, PRESCRIBED BY SECTION 11.00 OF
THE  LOCAL  FINANCE LAW, FOR THE GOODS OR IMPROVEMENT PURCHASED WITH THE
LOAN. THE TOTAL AMOUNT OF ANY INTEREST EARNED BY THE INVESTMENT OR REIN-
VESTMENT OF ALL OR PART OF THE PRINCIPAL OF ANY  LOAN  MADE  UNDER  THIS
SECTION  SHALL  BE RETURNED TO THE COMMISSIONER OF THE DIVISION OF HOME-
LAND SECURITY AND EMERGENCY SERVICES FOR  DEPOSIT  IN  THE  ACCOUNT  AND
SHALL  NOT  BE CREDITED AS PAYMENT OF PRINCIPAL OR INTEREST ON THE LOAN.
SUCH COMMISSIONER MAY REQUIRE SECURITY FOR ANY LOAN AND MAY SPECIFY  THE
PRIORITY  OF  LIENS  AGAINST  THE  IMPROVEMENTS  AND EQUIPMENT WHOLLY OR
PARTIALLY PURCHASED WITH MONEYS LOANED UNDER THIS SECTION.  THE  COMMIS-
SIONER  OF  THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES MAY
MAKE LOANS UNDER THIS SECTION SUBJECT TO SUCH OTHER TERMS AND CONDITIONS
AS HE OR SHE DEEMS PROPER.
  S 22. Section 3641 of the education law is amended  by  adding  a  new
subdivision 16 to read as follows:
  16.  DISASTER  PREPAREDNESS GRANTS. WITHIN THE AMOUNT APPROPRIATED FOR
SUCH PURPOSE, THE COMMISSIONER IS HEREBY AUTHORIZED TO AWARD  GRANTS  TO
SCHOOL  DISTRICTS FOR EXPENSES INCURRED FOR DISASTER PREPAREDNESS PURSU-
ANT TO ARTICLE TWO-B OF THE EXECUTIVE LAW, AND  THE  RECOVERY  FROM  ANY
NATURAL DISASTER.
  S  23.  The  disaster  preparedness  commissioner, the commissioner of
transportation, the commissioner of agriculture and markets, the  chair-
man  of  the public service commission, the state fire administrator and
the chair of the New York state energy research and development authori-
ty shall jointly examine, evaluate and make  recommendations  concerning
the costs and means of hardening buildings, infrastructure, public util-
ity  facilities,  energy  sources  and  health care facilities to ensure
their continued operation before, during and after a  natural  disaster.
The  findings and recommendations of such group shall be reported to the

S. 3761--A                         20

governor and the legislature within one year of the  effective  date  of
this act.
  S  24.  This  act  shall take effect immediately; except that sections
nineteen and twenty of this act shall take effect  on  the  one  hundred
eightieth day after it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.