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

                                  5306

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  BALL  --  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  public  safety  and
  requiring  the division of homeland security, in consultation with the
  department of education, to establish a statewide planning and mapping
  system for the schools, colleges and universities of the state

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section 718 to
read as follows:
  S 718. STATEWIDE CRITICAL INCIDENT MAPPING AND PLANNING SYSTEM.  1. TO
THE EXTENT THAT FUNDS ARE MADE AVAILABLE, THE DIVISION OF HOMELAND SECU-
RITY  AND  EMERGENCY  SERVICES  SHALL ESTABLISH A STATEWIDE PLANNING AND
MAPPING SYSTEM FOR THE PUBLIC AND PRIVATE SCHOOLS, COLLEGES AND  UNIVER-
SITIES  IN  THIS  STATE  FOR USE BY RESPONSE AGENCIES THAT ARE CALLED TO
RESPOND TO AN ACT OF TERRORISM, CRIMINAL ATTACK, OR RELATED EMERGENCY.
  2. THE STATEWIDE PLANNING AND MAPPING  SYSTEM  MUST  INCLUDE,  WITHOUT
LIMITATION:
  A.  THE  TYPE OF INFORMATION THAT MUST BE INCLUDED WITHIN THE SOFTWARE
PROGRAM THAT COMPRISES THE SYSTEM, INCLUDING, WITHOUT LIMITATION,  FLOOR
PLANS,  FIRE  PROTECTION INFORMATION, BUILDING EVACUATION PLANS, UTILITY
INFORMATION, KNOWN HAZARDS, AND INFORMATION ON HOW TO CONTACT  EMERGENCY
PERSONNEL;
  B.  THE MANNER BY WHICH INFORMATION PRESCRIBED PURSUANT TO PARAGRAPH A
OF THIS SUBDIVISION MUST BE TRANSFERRED TO THE  SYSTEM  FROM  THE  STATE
AGENCIES AND THE POLITICAL SUBDIVISIONS THAT PARTICIPATE IN THE SYSTEM;
  C.  STANDARDS FOR THE SOFTWARE THAT MUST BE USED BY STATE AGENCIES AND
POLITICAL SUBDIVISIONS THAT PARTICIPATE IN THE SYSTEM;
  D. CONDITIONS FOR USE OF THE SYSTEM BY RESPONSE AGENCIES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11320-01-1

              

S. 5306                             2

  E. GUIDELINES FOR (I) THE ACCESSIBILITY AND CONFIDENTIALITY OF  INFOR-
MATION  CONTAINED  WITHIN  THE  SYSTEM;  AND  (II) THE INCORPORATION, IN
CONNECTION WITH THE USE OF THE SYSTEM, OF THE ITEMS DESCRIBED  IN  PARA-
GRAPH B OF SUBDIVISION THREE OF THIS SECTION;
  F.  A  LIST  OF  PRIORITY,  DETERMINED  IN ACCORDANCE WITH INFORMATION
OBTAINED BY THE DIVISION OF HOMELAND SECURITY  AND  EMERGENCY  SERVICES,
FOR  THE  DISTRIBUTION  OF ANY MONEY THAT MAY BE AVAILABLE FOR THE STATE
AGENCIES AND POLITICAL SUBDIVISIONS TO PARTICIPATE IN THE SYSTEM; AND
  G. GUIDELINES RECOMMENDED BY THE DIVISION  OF  HOMELAND  SECURITY  AND
EMERGENCY  SERVICES  FOR  THE  TRAINING  OF PERSONS EMPLOYED BY RESPONSE
AGENCIES CONCERNING THE USE OF THE SYSTEM.
  3. TO THE EXTENT MONEY IS MADE AVAILABLE, THE STATE AGENCIES AND POLI-
TICAL SUBDIVISIONS SHALL:
  A. PARTICIPATE IN THE STATEWIDE PLANNING AND MAPPING SYSTEM; AND
  B. INCORPORATE INTO THEIR USE OF THE SYSTEM, WITHOUT LIMITATION:
  (I) EVACUATION ROUTES AND STRATEGIES FOR EVACUATION;
  (II) ALARMS AND OTHER SIGNALS OR MEANS OF NOTIFICATION;
  (III) PLANS FOR SHELTERING IN PLACE; AND
  (IV) TRAINING AND STRATEGIES FOR PREVENTION IN CONNECTION WITH ATTACKS
INVOLVING VIOLENCE.
  IF A STATE AGENCY OR POLITICAL SUBDIVISION USES ITS OWN  PLANNING  AND
MAPPING  SYSTEM  BEFORE  THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES ESTABLISHES A STATEWIDE PLANNING AND MAPPING SYSTEM, THE  STATE
AGENCY  OR  POLITICAL  SUBDIVISION MAY CONTINUE TO USE ITS SYSTEM UNLESS
MONEY IS MADE AVAILABLE FOR THE STATE AGENCY OR POLITICAL SUBDIVISION TO
UPDATE OR MODIFY ITS SYSTEM AS NECESSARY FOR INCLUSION IN THE  STATEWIDE
SYSTEM.
  4.  THE  DIVISION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES SHALL
PURSUE ANY MONEY THAT MAY BE AVAILABLE FROM THE FEDERAL  GOVERNMENT  FOR
THE DEVELOPMENT AND OPERATION OF A STATEWIDE PLANNING AND MAPPING SYSTEM
FOR  PUBLIC  AND  PRIVATE SCHOOLS, COLLEGES AND UNIVERSITIES AND FOR THE
DISTRIBUTION OF GRANTS TO THE STATE AGENCIES AND POLITICAL  SUBDIVISIONS
THAT  PARTICIPATE  IN  THE SYSTEM. THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES MAY ACCEPT GIFTS, GRANTS, AND OTHER CONTRIBUTIONS FOR
THE DEVELOPMENT AND  OPERATION  OF  A  STATEWIDE  PLANNING  AND  MAPPING
SYSTEM.
  5.  EACH  STATE  AGENCY AND POLITICAL SUBDIVISION THAT PARTICIPATES IN
THE SYSTEM SHALL, ON OR BEFORE JULY FIRST, TWO THOUSAND THIRTEEN, AND ON
OR BEFORE JULY FIRST EACH YEAR THEREAFTER, SUBMIT  TO  THE  DIVISION  OF
HOMELAND  SECURITY  AND  EMERGENCY  SERVICES  A  PROGRESS REPORT SETTING
FORTH, IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE DIVISION, THE EXPE-
RIENCE OF THE AGENCY  OR  POLITICAL  SUBDIVISION,  AS  APPLICABLE,  WITH
RESPECT  TO  ITS  PARTICIPATION  IN THE SYSTEM. THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES SHALL RECEIVE AND PROCESS SUCH  PROGRESS
REPORTS  AND  PROVIDE  TO  THE  LEGISLATURE A SUMMARIZED OVERVIEW OF THE
SYSTEM ON OR BEFORE OCTOBER FIRST, TWO THOUSAND THIRTEEN, AND EACH OCTO-
BER FIRST THEREAFTER.
  6. AFTER THE STATEWIDE PLANNING  AND  MAPPING  SYSTEM  IS  ESTABLISHED
PURSUANT  TO  THIS  SECTION, EACH STATE AGENCY AND POLITICAL SUBDIVISION
THAT PARTICIPATES IN THE SYSTEM SHALL SUBMIT TO THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES ANY INITIAL OR FINAL PLAN FOR  A  PUBLIC
WORK PROJECT.
  7. AS USED IN THIS SECTION:
  A.  "ACT  OF  TERRORISM"  SHALL  HAVE  THE  SAME MEANING AS DEFINED IN
SECTION 490.05 OF THE PENAL LAW.

S. 5306                             3

  B.  "CRIMINAL ATTACK" SHALL MEAN ANY VIOLENT FELONY OFFENSE AS DEFINED
BY SECTION 70.02 OF THE PENAL  LAW,  COMMITTED  AGAINST  MORE  THAN  TWO
PERSONS AT A PUBLIC OR PRIVATE SCHOOL.
  C.  "POLITICAL  SUBDIVISION"  MEANS  ANY  COUNTY, CITY, TOWN, VILLAGE,
SPECIAL DISTRICT OR SCHOOL DISTRICT.
  D. "RESPONSE AGENCY" MEANS THE DEPARTMENTS OF FIRE,  POLICE,  ENVIRON-
MENTAL  PROTECTION, HEALTH, TRANSPORTATION AND SANITATION, AND THE DIVI-
SION OF EMERGENCY MEDICAL SERVICES OF THE HEALTH  AND  HOSPITALS  CORPO-
RATION.
  E.  "SHELTERING  IN  PLACE"  MEANS  TO REMAIN INSIDE A BUILDING, ROOM,
STRUCTURE, OR OTHER LOCATION DURING AN  EMERGENCY  WHEN  EGRESS  MAY  BE
IMPOSSIBLE  OR  WHEN  EGRESS  MAY  PRESENT  A MORE SUBSTANTIAL RISK THAN
REMAINING INSIDE THE BUILDING, ROOM, STRUCTURE, OR OTHER LOCATION.
  S 2. This act shall take effect immediately.