S T A T E O F N E W Y O R K
________________________________________________________________________
8981
2009-2010 Regular Sessions
I N A S S E M B L Y
June 17, 2009
___________
Introduced by M. of A. BALL, WALKER, CROUCH, TEDISCO -- Multi-Sponsored
by -- M. of A. TOWNSEND -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the executive law, in relation to local disaster
preparedness plans, requiring law enforcement agencies to report to
the superintendent of state police suspected or perceived threats of
the release of any chemical, biological or radiological agent and the
energy transportation and storage security program, government conti-
nuity program, business continuity program, post disaster recovery
program, energy security program, public security evacuation program,
and disaster preparedness plan program, and establishing an endowed
chair within the state university of New York for the study of terror-
ism and homeland security and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 2 of section 20 of the executive
law, as amended by chapter 781 of the laws of 1988, is amended to read
as follows:
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, wave action, volcanic activity, epidemic, air contamination,
blight, drought, infestation, explosion, radiological accident, water
contamination, ACT OF TERRORISM INCLUDING BIOLOGICAL, CHEMICAL OR RADIO-
LOGICAL TERRORISM, bridge failure or bridge collapse.
S 2. Subdivision 6 of section 23 of the executive law, as added by
chapter 640 of the laws of 1978, is amended to read as follows:
6. All plans for disaster preparedness developed by local governments
or any revisions thereto shall COMPLY WITH THE NATIONAL INCIDENT MANAGE-
MENT SYSTEM (NIMS) AND be submitted to the commission by December thir-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10654-06-9
A. 8981 2
ty-first of each year to facilitate state coordination of disaster oper-
ations.
S 3. Subparagraph 4 of paragraph a of subdivision 7 of section 23 of
the executive law, as added by chapter 640 of the laws of 1978, is
amended and eight new subparagraphs 5, 6, 7, 8, 9, 10, 11 and 12 are
added to read as follows:
(4) such other measures as reasonably can be taken to prevent disas-
ters or mitigate their impact[.];
(5) A ROSTER OF VOLUNTEER MEDICAL PERSONNEL IN THE COUNTY WHO WOULD BE
AVAILABLE TO RESPOND TO DISASTERS AND HAVE A PROCEDURE TO COORDINATE
SUCH VOLUNTEERS;
(6) ASSESSMENT AS TO THE EXTENT OF EACH COUNTY'S HEALTHCARE INFRAS-
TRUCTURE WHICH INCLUDES THE AMOUNT OF HOSPITAL BEDS, DOCTOR'S OFFICES
AND EMERGENCY HEALTH SERVICES AVAILABLE TO A DISASTER AREA;
(7) DEVELOPMENT OF A SYSTEM FOR COLLECTING DISEASE OR EXPOSURE DATA
IMMEDIATELY AS A RESULT OF A DISASTER;
(8) IDENTIFICATION OF A LOCAL STOCKPILE OF PHARMACEUTICALS AVAILABLE
IN THE COUNTY, IF AVAILABLE, AND IDENTIFY HOW TO INTEGRATE STATE AND
FEDERAL STOCKPILES INTO THE LOCAL SUPPLY;
(9) IDENTIFICATION AND COORDINATION OF THE EMERGENCY SERVICES ORGAN-
IZATIONS TO BE USED FOLLOWING A DISASTER;
(10) DESIGNATING A COUNTY HEALTH OFFICIAL AS THE HEALTH RISK COMMU-
NICATOR;
(11) CREATION OF DRILLS TO BE USED TO TEST SUCH PLANS; AND
(12) ASSESSMENT AS TO THE PLANNING FOR AND IMPLEMENTATION OF THE
NATIONAL INCIDENT MANAGEMENT SYSTEM.
S 4. The executive law is amended by adding a new section 221-e to
read as follows:
S 221-E. REPORTING THREATS CONCERNING ACTUAL, SUSPECTED OR PERCEIVED
CHEMICAL, BIOLOGICAL OR RADIOLOGICAL AGENTS. EVERY LAW ENFORCEMENT AGEN-
CY WHICH RECEIVES A REPORT OF A SUSPECTED OR PERCEIVED THREAT OR INCI-
DENT RELATING TO THE RELEASE OF ANTHRAX OR ANY OTHER SUSPECTED OR
PERCEIVED CHEMICAL, BIOLOGICAL OR RADIOLOGICAL AGENT SHALL, IMMEDIATELY
AFTER RECEIVING SUCH REPORT, NOTIFY THE SUPERINTENDENT OF STATE POLICE
OF SUCH REPORT VIA THE NEW YORK STATEWIDE POLICE INFORMATION NETWORK OR
BY SUCH OTHER MEANS AS SHALL BE DESIGNATED BY SUCH SUPERINTENDENT.
S 5. The executive law is amended by adding eight new sections 716,
717, 718, 719, 720, 721, 722 and 723 to read as follows:
S 716. ENERGY TRANSPORTATION AND STORAGE SECURITY PROGRAM. THE NEW
YORK STATE OFFICE OF HOMELAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN
INVESTIGATION AND STUDY ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK
STATE ENERGY TRANSPORTATION AND STORAGE SECURITY PROGRAM. SUCH INVESTI-
GATION AND STUDY SHALL BE COMPLETED ON OR BEFORE DECEMBER THIRTY-FIRST,
TWO THOUSAND TEN. WITHIN NINETY DAYS OF THE COMPLETION OF SUCH INVESTI-
GATION AND STUDY, THE NEW YORK STATE OFFICE OF HOMELAND SECURITY SHALL
COMPLETE AND DELIVER, TO THE CHAIR OF THE SENATE COMMITTEE ON VETERANS,
HOMELAND SECURITY AND MILITARY AFFAIRS AND THE CHAIR OF THE ASSEMBLY
COMMITTEE ON GOVERNMENTAL OPERATIONS, A REPORT ON SUCH INVESTIGATION AND
STUDY, CONTAINING RECOMMENDATIONS TO THE LEGISLATURE ON THE ESTABLISH-
MENT OF A NEW YORK STATE ENERGY TRANSPORTATION AND STORAGE SECURITY
PROGRAM. SUCH RECOMMENDATIONS SHALL INCLUDE WHAT MEASURES NEED TO BE
TAKEN BY NEW YORK STATE TO ESTABLISH SUCH A PROGRAM, WHAT LAWS SHOULD BE
AMENDED OR ADDED TO ESTABLISH SUCH A PROGRAM, AND WHAT FISCAL RESOURCES
WOULD NEED TO BE APPROPRIATED AND EXPENDED, IF ANY, TO ESTABLISH SUCH A
PROGRAM.
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S 717. GOVERNMENT CONTINUITY PROGRAM. THE NEW YORK STATE OFFICE OF
HOMELAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND
STUDY ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE GOVERNMENT
CONTINUITY PROGRAM. SUCH INVESTIGATION AND STUDY SHALL BE COMPLETED ON
OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN. WITHIN NINETY DAYS OF
THE COMPLETION OF SUCH INVESTIGATION AND STUDY, THE NEW YORK STATE
OFFICE OF HOMELAND SECURITY SHALL COMPLETE AND DELIVER, TO THE CHAIR OF
THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILI-
TARY AFFAIRS AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERN-
MENTAL OPERATIONS, A REPORT ON SUCH INVESTIGATION AND STUDY, CONTAINING
RECOMMENDATIONS TO THE LEGISLATURE ON THE ESTABLISHMENT OF A NEW YORK
STATE GOVERNMENT CONTINUITY PROGRAM. SUCH RECOMMENDATIONS SHALL INCLUDE
WHAT MEASURES NEED TO BE TAKEN BY NEW YORK STATE TO ESTABLISH SUCH A
PROGRAM, WHAT LAWS SHOULD BE AMENDED OR ADDED TO ESTABLISH SUCH A
PROGRAM, AND WHAT FISCAL RESOURCES WOULD NEED TO BE APPROPRIATED AND
EXPENDED, IF ANY, TO ESTABLISH SUCH A PROGRAM.
S 718. BUSINESS CONTINUITY PROGRAM. THE NEW YORK STATE OFFICE OF HOME-
LAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND STUDY
ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE BUSINESS CONTINUI-
TY PROGRAM. SUCH INVESTIGATION AND STUDY SHALL BE COMPLETED ON OR BEFORE
DECEMBER THIRTY-FIRST, TWO THOUSAND TEN. WITHIN NINETY DAYS OF THE
COMPLETION OF SUCH INVESTIGATION AND STUDY, THE NEW YORK STATE OFFICE OF
HOMELAND SECURITY SHALL COMPLETE AND DELIVER, TO THE CHAIR OF THE SENATE
STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERNMENTAL OPER-
ATIONS, A REPORT ON SUCH INVESTIGATION AND STUDY, CONTAINING RECOMMENDA-
TIONS TO THE LEGISLATURE ON THE ESTABLISHMENT OF A NEW YORK STATE BUSI-
NESS CONTINUITY PROGRAM. SUCH RECOMMENDATIONS SHALL INCLUDE WHAT
MEASURES NEED TO BE TAKEN BY NEW YORK STATE TO ESTABLISH SUCH A PROGRAM,
WHAT LAWS SHOULD BE AMENDED OR ADDED TO ESTABLISH SUCH A PROGRAM, AND
WHAT FISCAL RESOURCES WOULD NEED TO BE APPROPRIATED AND EXPENDED, IF
ANY, TO ESTABLISH SUCH A PROGRAM.
S 719. POST DISASTER RECOVERY PROGRAM. THE NEW YORK STATE OFFICE OF
HOMELAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND
STUDY ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE POST DISAS-
TER RECOVERY PROGRAM. SUCH INVESTIGATION AND STUDY SHALL BE COMPLETED ON
OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN. WITHIN NINETY DAYS OF
THE COMPLETION OF SUCH INVESTIGATION AND STUDY, THE NEW YORK STATE
OFFICE OF HOMELAND SECURITY SHALL COMPLETE AND DELIVER, TO THE CHAIR OF
THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILI-
TARY AFFAIRS AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERN-
MENTAL OPERATIONS, A REPORT ON SUCH INVESTIGATION AND STUDY, CONTAINING
RECOMMENDATIONS TO THE LEGISLATURE ON THE ESTABLISHMENT OF A NEW YORK
STATE POST DISASTER RECOVERY PROGRAM. SUCH RECOMMENDATIONS SHALL INCLUDE
WHAT MEASURES NEED TO BE TAKEN BY NEW YORK STATE TO ESTABLISH SUCH A
PROGRAM, WHAT LAWS SHOULD BE AMENDED OR ADDED TO ESTABLISH SUCH A
PROGRAM, AND WHAT FISCAL RESOURCES WOULD NEED TO BE APPROPRIATED AND
EXPENDED, IF ANY, TO ESTABLISH SUCH A PROGRAM.
S 720. ENERGY SECURITY PROGRAM. THE NEW YORK STATE OFFICE OF HOMELAND
SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND STUDY ON THE
ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE ENERGY SECURITY PROGRAM.
SUCH INVESTIGATION AND STUDY SHALL BE COMPLETED ON OR BEFORE DECEMBER
THIRTY-FIRST, TWO THOUSAND TEN. WITHIN NINETY DAYS OF THE COMPLETION OF
SUCH INVESTIGATION AND STUDY, THE NEW YORK STATE OFFICE OF HOMELAND
SECURITY SHALL COMPLETE AND DELIVER, TO THE CHAIR OF THE SENATE STANDING
COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS AND THE
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CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERNMENTAL OPERATIONS, A
REPORT ON SUCH INVESTIGATION AND STUDY, CONTAINING RECOMMENDATIONS TO
THE LEGISLATURE ON THE ESTABLISHMENT OF A NEW YORK STATE ENERGY SECURITY
PROGRAM. SUCH RECOMMENDATIONS SHALL INCLUDE WHAT MEASURES NEED TO BE
TAKEN BY NEW YORK STATE TO ESTABLISH SUCH A PROGRAM, WHAT LAWS SHOULD BE
AMENDED OR ADDED TO ESTABLISH SUCH A PROGRAM, AND WHAT FISCAL RESOURCES
WOULD NEED TO BE APPROPRIATED AND EXPENDED, IF ANY, TO ESTABLISH SUCH A
PROGRAM.
S 721. PUBLIC SECURITY EVACUATION PROGRAM. THE NEW YORK STATE OFFICE
OF HOMELAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND
STUDY ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE PUBLIC SECU-
RITY EVACUATION PROGRAM. SUCH INVESTIGATION AND STUDY SHALL BE COMPLETED
ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN. WITHIN NINETY DAYS
OF THE COMPLETION OF SUCH INVESTIGATION AND STUDY, THE NEW YORK STATE
OFFICE OF HOMELAND SECURITY SHALL COMPLETE AND DELIVER, TO THE CHAIR OF
THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILI-
TARY AFFAIRS AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERN-
MENTAL OPERATIONS, A REPORT ON SUCH INVESTIGATION AND STUDY, CONTAINING
RECOMMENDATIONS TO THE LEGISLATURE ON THE ESTABLISHMENT OF A NEW YORK
STATE PUBLIC SECURITY EVACUATION PROGRAM. SUCH RECOMMENDATIONS SHALL
INCLUDE WHAT MEASURES NEED TO BE TAKEN BY NEW YORK STATE TO ESTABLISH
SUCH A PROGRAM, WHAT LAWS SHOULD BE AMENDED OR ADDED TO ESTABLISH SUCH A
PROGRAM, AND WHAT FISCAL RESOURCES WOULD NEED TO BE APPROPRIATED AND
EXPENDED, IF ANY, TO ESTABLISH SUCH A PROGRAM.
S 722. DISASTER PREPAREDNESS PLAN PROGRAM. THE NEW YORK STATE OFFICE
OF HOMELAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND
STUDY ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE DISASTER
PREPAREDNESS PLAN PROGRAM. SUCH INVESTIGATION AND STUDY SHALL BE
COMPLETED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN. WITHIN
NINETY DAYS OF THE COMPLETION OF SUCH INVESTIGATION AND STUDY, THE NEW
YORK STATE OFFICE OF HOMELAND SECURITY SHALL COMPLETE AND DELIVER, TO
THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURI-
TY AND MILITARY AFFAIRS AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE
ON GOVERNMENTAL OPERATIONS, A REPORT ON SUCH INVESTIGATION AND STUDY,
CONTAINING RECOMMENDATIONS TO THE LEGISLATURE ON THE ESTABLISHMENT OF A
NEW YORK STATE DISASTER PREPAREDNESS PLAN PROGRAM. SUCH RECOMMENDATIONS
SHALL INCLUDE WHAT MEASURES NEED TO BE TAKEN BY NEW YORK STATE TO ESTAB-
LISH SUCH A PROGRAM, WHAT LAWS SHOULD BE AMENDED OR ADDED TO ESTABLISH
SUCH A PROGRAM, AND WHAT FISCAL RESOURCES WOULD NEED TO BE APPROPRIATED
AND EXPENDED, IF ANY, TO ESTABLISH SUCH A PROGRAM.
S 723. ACADEMIC CHAIR FOR THE STUDY OF TERRORISM AND HOMELAND SECURI-
TY. 1. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT. TERRORISM HAS
EMERGED AS THE MORTAL ENEMY OF DEMOCRATIC INSTITUTIONS WORLDWIDE AND IT
INFECTS AND DISTORTS WORLD SECURITY, COMMERCE AND FREEDOM. IT HAS FORGED
UNHOLY ALLIANCES WITH CRIMINAL ORGANIZATIONS AND LINKS TO OUTLAW STATES.
IT IS RUTHLESS, INHUMAN AND DEADLY, DEMONSTRATING A CONTEMPT FOR THE
BASIC VALUE OF HUMAN LIFE AND CIVILIZATION.
WITH THE INTERNATIONALIZATION OF TERRORISM, THE CHALLENGE POSED TO OUR
MILITARY, LAW ENFORCEMENT AND GENERAL SOCIETY HAS GROWN EXPONENTIALLY.
THE STRATEGIES AND TACTICS DEVELOPED TO COMBAT TERRORISM ARE DYNAMIC AND
EVER CHANGING, REQUIRING A THOUGHTFUL AND REGULAR STUDY, EXAMINATION AND
REVIEW, IN ORDER TO BUILD THE CAPABILITIES NEEDED TO MEET THIS ONGOING
CHALLENGE. WE MUST DEVELOP THE MILITARY, LEGAL AND STRATEGIC FRAMEWORKS
WITH WHICH THOSE CHARGED WITH FIGHTING THE WAR ON TERROR MAY EFFECTIVELY
DEPLOY. THIS IS A MATTER OF THE GREATEST URGENCY. WE DO NOT HAVE THE
LUXURY OF TAKING TIME TO ANALYZE AND STUDY. WE ARE ALREADY IN A MORTAL
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CONFRONTATION THAT THREATENS PEACE, PROSPERITY AND PUBLIC CONFIDENCE.
WE MUST PROTECT OUR PEOPLE AND OUR INSTITUTIONS.
ONCE AGAIN, NEW YORK WILL EXERCISE LEADERSHIP BY CREATING AN ENDOWED
CHAIR IN TERRORISM AND HOMELAND SECURITY WITHIN THE STATE UNIVERSITY OF
NEW YORK. THIS INSTITUTION WILL PROVIDE A FORUM FOR STUDY AND DELIBER-
ATION ON THE DEFEAT OF TERRORISM AND THE PROMOTION OF HOMELAND SECURITY
WITH THE GOAL OF CONTRIBUTING TO THE DEVELOPMENT OF STRATEGIES AND
SOLUTIONS.
2. ACADEMIC CHAIR TO STUDY TERRORISM AND HOMELAND SECURITY. THERE IS
HEREBY ESTABLISHED WITHIN THE STATE UNIVERSITY OF NEW YORK, AN ACADEMIC
CHAIR TO STUDY TERRORISM AND HOMELAND SECURITY. SUCH CHAIR SHALL ORGAN-
IZE CONFERENCES AND SEMINARS, DEVELOP TRAINING PROGRAMS FOR LAW ENFORCE-
MENT OFFICERS, PUBLISH ITS PROCEEDINGS AND MAINTAIN A LIBRARY. THE CHAN-
CELLOR AND TRUSTEES OF THE STATE UNIVERSITY SHALL APPOINT A PERSON WELL
QUALIFIED BY EDUCATION AND EXPERIENCE TO ADMINISTER THE PROGRAM OF SUCH
CHAIR. SUCH CHAIR SHALL BE AUTHORIZED TO ESTABLISH A DEVELOPMENT PROGRAM
TO BUILD ITS OWN ENDOWMENT.
S 6. The sum of three hundred fifty thousand dollars ($350,000), or so
much thereof as may be necessary, is hereby appropriated to the state
university of New York from any moneys in the state treasury in the
general fund to the credit of the state purposes account not otherwise
appropriated for the purposes of carrying out the provisions of section
723 of the executive law, as added by section five of of this act. Such
sum shall be payable on the audit and warrant of the state comptroller
on vouchers certified or approved by the commissioner of education, or
his or her duly designated representative in the manner provided by law.
No expenditure shall be made from this appropriation until a certificate
of approval of availability shall have been issued by the director of
the budget and filed with the state comptroller and a copy filed with
the chairman of the senate finance committee and the chairman of the
assembly ways and means committee. Such certificate may be amended from
time to time by the director of the budget and a copy of each such
amendment shall be filed with the state comptroller, the chairman of the
senate finance committee and the chairman of the assembly ways and means
committee.
S 7. This act shall take effect immediately, except that sections one,
two and three of this act shall take effect on the first of June next
succeeding the date on which this act shall have become a law.