Senate Bill S5090

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

                                  5090

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law, in relation to  additional  standards
  and requirements for evacuation plans for disaster-related emergencies

  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, as added by chapter 640 of
the laws of 1978, subdivision 1 as amended by chapter 603 of the laws of
1993, subdivision 5 and subparagraph 8 of paragraph b of  subdivision  7
as amended by chapter 42 of the laws of 2004, subparagraphs 16 and 17 of
paragraph  (b)  of subdivision 7 as amended and subparagraph 18 of para-
graph (b) of subdivision 7 as added by chapter 677 of the laws of  2006,
is amended to read as follows:
  S 23. Local disaster preparedness plans. 1.  Each county, except those
contained  within  the city of New York, and each city, town and village
is authorized to  prepare  disaster  preparedness  plans.  The  disaster
preparedness  commission  shall  provide  assistance  and advice for the
development of such plans. City, town and village plans shall be coordi-
nated with the county plan.
  2. The purpose of such plans shall be to minimize the effect of disas-
ters by (i) identifying appropriate local measures to prevent disasters,
(ii) developing mechanisms to coordinate the use of local 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11330-01-9

              

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  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
civil defense agencies, commercial  and  volunteer  ambulance  services,
health and social services officials AND ORGANIZATIONS, community action
agencies,  the  chief administrator of the courts, organizations for the
elderly and [the handicapped,] PEOPLE OF  ALL  AGES  WITH  DISABILITIES,
CHILDCARE   ORGANIZATIONS,  TRANSPORTATION  ORGANIZATIONS,  TELECOMMUNI-
CATIONS ORGANIZATIONS AND RELEVANT STATE AND LOCAL  PUBLIC  AUTHORITIES,
other  interested groups and the general public. Such advice and assist-
ance may be obtained through public hearings held on public  notice,  or
through other appropriate methods.
  6.    IN  THE  EVENT THAT ANY PART OF A COUNTY'S DISASTER PREPAREDNESS
EVACUATION PLAN IS NOT CONSISTENT WITH A NEIGHBORING  COUNTY'S  DISASTER
PREPAREDNESS  EVACUATION  PLAN, THE COMMISSION SHALL WORK WITH THE COUN-
TIES TO RESOLVE SUCH INCONSISTENCIES.
  7. All plans for disaster preparedness developed by local  governments
or  any revisions thereto shall be submitted to the commission by Decem-
ber thirty-first of each year to facilitate state coordination of disas-
ter operations.
  [7] 8.  Such plans shall include, but not be limited to:
  a. Disaster prevention. Plans to prevent and minimize the  effects  of
disasters shall include, but not be limited to:
  (1) identification of potential disasters and disaster sites;
  (2) recommended disaster prevention projects, policies, priorities and
programs,  with suggested implementation schedules, which outline feder-
al, state and local roles;
  (3) suggested revisions and additions to building and safety codes and
zoning and other land use programs;
  (4) such other measures as reasonably can be taken to  prevent  disas-
ters or mitigate their impact.
  b.  Disaster  response.  Plans  to coordinate the use of resources and
manpower for service during and after disasters and to deliver  services
to  aid  citizens  and  reduce human suffering resulting from a disaster
shall include, but not be limited to:
  (1) centralized coordination  of  resources,  manpower  and  services,
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 or use of materi-
als, facilities and services which may be required in time of disaster;
  (3) a system for warning populations who are or may be endangered;
  (4)  arrangements  for  activating  municipal  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 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 and other necessary facilities;
  (7) criteria for establishing priorities with respect to the  restora-
tion of vital services and debris removal;

S. 5090                             3

  (8) plans for the continued effective operation of the civil and crim-
inal justice systems;
  (9)  provisions for training 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
elderly, the handicapped, 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 and emergency organization personnel 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, proposed
new or amendments to zoning, subdivision,  building,  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  in  the preparation of applications for federal and state
disaster recovery assistance.
  9. THE COMMISSION SHALL  ANNUALLY  REVIEW  ALL  DISASTER  PREPAREDNESS
PLANS TO MAKE SURE THAT SUCH PLANS CONFORM WITH ALL OF THE PROVISIONS OF
THIS ARTICLE.
  S  2.  If  any  item,  clause,  sentence,  subparagraph,  subdivision,
section, or any other part of this act, or the  application  thereof  to
any  person  or circumstances, is held to be invalid, such holding shall
not affect, impair, or invalidate the remainder  of  this  act,  of  the
application  of  such  section or part of a section held invalid, to any
other person or circumstances, but shall be confined in its operation to
the item, clause, sentence, subparagraph, subdivision, section, or other
part of this act directly involved in such holding, or to the person and
circumstances therein involved.
  S 3. This act shall take effect immediately.