S T A T E O F N E W Y O R K
________________________________________________________________________
5043
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. BRODSKY, PHEFFER -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to the development of
disaster preparedness plans by certain entities and their coordination
of them with local authorities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 23 of the executive law is amended by adding a new
subdivision 8 to read as follows:
8. A. THE FOLLOWING ENTITIES, WHICH LIST IS ILLUSTRATIVE AND NOT
EXHAUSTIVE, SHALL COOPERATE WITH THE COUNTY, CITY, TOWN, OR VILLAGE IN
WHICH THEY ARE LOCATED, IF SUCH COUNTY, CITY, TOWN, OR VILLAGE PREPARES
A LOCAL DISASTER PREPAREDNESS PLAN, IN THE DEVELOPMENT OF A PART OF SUCH
PLAN THAT WILL ADDRESS THE NEEDS OF SUCH ENTITY, WITH SUCH PARTS BEING
AGREED TO IN WRITING BY SUCH COUNTY, CITY, TOWN, OR VILLAGE AND SUCH
ENTITY, TO MEMORIALIZE SUCH ENTITY'S COORDINATION OF ITS DISASTER-RELAT-
ED ACTIVITIES WITH SUCH COUNTY, CITY, TOWN, OR VILLAGE:
(1) HOSPITALS;
(2) NURSING HOMES;
(3) SCHOOLS;
(4) SENIOR LIVING FACILITIES;
(5) ASSISTED LIVING FACILITIES;
(6) HOMELESS SHELTERS; AND
(7) ANY GROUP HOME OR RESIDENTIAL FACILITY OPERATING PURSUANT TO THE
AUTHORIZATION OF A STATE OR MUNICIPAL AGENCY AND HOUSING THREE OR MORE
PERSONS, BUT THIS PARAGRAPH SHALL NOT BE DEEMED TO INCLUDE HOTELS,
MOTELS, OR SIMILAR ESTABLISHMENTS.
B. THE STATE EMERGENCY MANAGEMENT OFFICE, AS DEFINED IN PARAGRAPH (E)
OF SUBDIVISION ONE OF SECTION TWENTY-NINE-E OF THIS ARTICLE, SHALL
PROMULGATE REGULATIONS MORE PARTICULARLY SPECIFYING THE ENTITIES SO
REQUIRED AND MINIMUM STANDARDS FOR SUCH PARTS OF SUCH PLANS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08203-01-9
A. 5043 2
C. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO REDUCE
THE OBLIGATIONS OF ANY MUNICIPALITY TO PROVIDE DISASTER PREVENTION OR
RESPONSE SERVICES.
S 2. This act shall take effect on the one hundred eightieth day next
succeeding the date on which it shall have become a law. Effective
immediately the state emergency management office, as defined in para-
graph (e) of subdivision 1 of section 29-e of the executive law, is
authorized to promulgate any and all rules and regulations and take any
other measures necessary for the timely implementation of this act on
its effective date on or before such date.