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.