S T A T E O F N E W Y O R K
________________________________________________________________________
5307
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 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 amended by section 4 of
part B of chapter 56 of the laws of 2010, is amended to read as follows:
S 23. Local comprehensive emergency management plans. 1. Each county,
except those contained within the city of New York, and each city, town
and village is authorized to prepare comprehensive emergency management
plans. The disaster preparedness commission shall provide assistance and
advice for the development of such plans. City, town and village plans
shall be coordinated 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.
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
emergency management agencies, commercial and volunteer ambulance
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11298-01-1
S. 5307 2
services, health and social services officials AND ORGANIZATIONS, commu-
nity action agencies, the chief administrator of the courts, organiza-
tions for the elderly and [the handicapped,] PEOPLE OF ALL AGES WITH
DISABILITIES, CHILDCARE ORGANIZATIONS, TRANSPORTATION ORGANIZATIONS,
TELECOMMUNICATIONS ORGANIZATIONS AND RELEVANT STATE AND LOCAL PUBLIC
AUTHORITIES, other interested groups and the general public. Such advice
and assistance 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 comprehensive emergency management developed by local
governments or any revisions thereto shall be submitted to the commis-
sion by December thirty-first of each year to facilitate state coordi-
nation of disaster operations.
[7.] 8. Such plans shall include, but not be limited to:
a. Disaster prevention and mitigation. Plans to prevent and minimize
the effects of disasters shall include, but not be limited to:
(1) identification of hazards and assessment of risk;
(2) recommended disaster prevention and mitigation projects, policies,
priorities and programs, with suggested implementation schedules, which
outline federal, 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 protect lives,
prevent disasters, and reduce 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) coordination of resources, manpower and services, using recognized
practices in incident management, 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, disposal or use of
materials, including those donated, and 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;
(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;
S. 5307 3
(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, individuals with disabilities 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.