S T A T E O F N E W Y O R K
________________________________________________________________________
5534
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
___________
Introduced by M. of A. MOLINARO, WALKER, CROUCH, RAIA, McKEVITT, FIELDS,
FINCH, HAWLEY, ALFANO, TOBACCO, SCOZZAFAVA -- Multi-Sponsored by -- M.
of A. BARCLAY, CALHOUN, DUPREY, GIGLIO, O'DONNELL, QUINN, SALADINO --
read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to powers and duties of
the disaster preparedness commission
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 21 of the executive law, as added
by chapter 640 of the laws of 1978, paragraph c as amended by chapter 42
of the laws of 2004, paragraphs f, g, h, i and j as amended and para-
graph k as added by chapter 171 of the laws of 2006, is amended to read
as follows:
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 any
information necessary to the commission for the exercise of its respon-
sibilities;
c. prepare state disaster preparedness plans, to be approved by the
governor, and review such plans and report thereon by March thirty-first
of each year to the governor, the legislature and the chief judge of the
state. In preparing such plans, the commission shall consult with feder-
al and local officials, emergency service organizations, INCLUDING BOTH
VOLUNTEER AND COMMERCIAL EMERGENCY RESPONSE ORGANIZATIONS, 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 emer-
gency, the commission, its staff and any working group, task force,
agency or other instrumentality to which it may delegate responsibility
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07131-01-9
A. 5534 2
to assist it in its duties shall consult with the chief administrator of
the courts and coordinate their preparation with him or her or with his
or her representatives;
d. prepare, keep current and distribute to chief executives and others
an inventory of programs directly relevant to prevention, minimization
of damage, readiness, operations during disasters, and recovery follow-
ing disasters;
e. direct state disaster operations and coordinate state disaster
operations with local disaster operations following the declaration of a
state disaster emergency;
f. unless it deems it unnecessary, create, following the declaration
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 finding that a municipality is unable to manage local
disaster operations, may, with the approval of the governor, direct the
temporary organization to assume direction of the local disaster oper-
ations of such municipality, for a specified period of time, and in such
cases such temporary organization shall assume direction of such local
disaster operations, subject to the supervision of the commission. 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;
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 personnel with direct 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
coordinate with federal, local or other state personnel. Such activities
may take place on a regional or county basis, and local and federal
participation shall be invited and encouraged;
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 and state agency activities for the year
and plans for the ensuing year with respect to the duties and responsi-
bilities of the commission;
(2) recommendations on ways to improve state and local capability to
prevent, prepare for, respond to and recover from disasters;
(3) the status of the state and local plans for disaster preparedness
and response, including the name of any locality which has failed or
refused to develop and implement its own disaster preparedness plan and
program;
(4) THE EXTENT TO WHICH ALL FORMS OF LOCAL EMERGENCY RESPONSE ASSETS
HAVE BEEN INCLUDED AND ACCOUNTED FOR IN PLANNING AND PREPARATION FOR
DISASTER RECOVERY;
j. coordinate and, to the extent possible and feasible, integrate
commission activities, responsibilities and duties with those of the
civil defense commission; and
k. 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.
S 2. This act shall take effect immediately.