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

                                  5957

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 13, 2015
                               ___________

Introduced  by  Sen. CROCI -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules

AN ACT to amend the executive law, in relation to improving state disas-
  ter preparedness, response, and recovery capabilities

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

  Section  1. Paragraphs a and c of subdivision 6 of section 29-h of the
executive law, as amended by section 1 of part Q of chapter  55  of  the
laws of 2013, are amended to read as follows:
  a.    Subject  to  the  restrictions on school districts and boards of
cooperative educational services set forth in subdivision  one  of  this
section,  THE  STATE  OR  a  participating  local government may request
assistance of other participating local governments in preventing, miti-
gating, responding to and recovering from disasters that result  in  THE
DECLARATION  OF  A STATE DISASTER EMERGENCY OR locally-declared emergen-
cies, or for the purpose of conducting multi-jurisdictional or  regional
training,  drills  or  exercises.  Requests  for  assistance may be made
verbally or in writing; verbal requests shall be memorialized in writing
as soon thereafter as is practicable.  Notwithstanding the provisions of
section twenty-five of this  article,  the  local  emergency  management
director  shall  have the authority to request and accept assistance and
deploy the local resources of his or her jurisdiction under  the  intra-
state mutual aid program.  THE DIRECTOR OF THE STATE OFFICE OF EMERGENCY
MANAGEMENT  IS  AUTHORIZED  TO REQUEST AND ACCEPT ASSISTANCE PURSUANT TO
THIS SECTION.
  c. Assisting local governments shall submit to the STATE OR requesting
local government an inventory of the resources being deployed.
  S 2. Subdivisions 8 and 9 of section 29-h of the executive law, subdi-
vision 8 as added by section 10-a of part B of chapter 56 of the laws of
2010, paragraph a of subdivision 8 as amended by section 13,  paragraphs

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12018-01-5
              

S. 5957                             2

b, c and d of subdivision 8 as added and paragraph e of subdivision 8 as
relettered  by  section  10, and subdivision 9 as added by section 12 of
part G of chapter 55 of the  laws  of  2012,  are  amended  to  read  as
follows:
  8.  Reimbursement  of assisting [jurisdiction] LOCAL GOVERNMENT by THE
STATE OR requesting [jurisdiction] LOCAL GOVERNMENT; resolving  disputes
regarding  reimbursement.  a.  Any assisting local government requesting
reimbursement under this program for loss, damage or  expenses  incurred
in  connection with the provision of assistance that seeks reimbursement
by the STATE OR requesting local government shall make such  request  in
accordance  with  procedures  developed  by  the  intrastate  mutual aid
committee.
  b. Notwithstanding the provisions of section twenty-five of this arti-
cle or any inconsistent provision of law to the contrary, THE  STATE  OR
any requesting local government requesting assistance under this program
shall  be  liable  and responsible to the assisting local government for
any loss or damage to equipment or supplies and shall bear and  pay  the
expense  incurred  in the operation and maintenance of any equipment and
the cost of materials and supplies used in  rendering  assistance  under
this section.
  c.  The  assisting  local  government  shall be liable for salaries or
other compensation for its employees deployed to THE STATE OR a request-
ing local government during the time they are not  rendering  assistance
pursuant  to  such  request,  and  shall defray the actual traveling and
maintenance expense of  its  employees  and  equipment  while  they  are
rendering  assistance  under this section. The STATE OR requesting local
government shall reimburse the assisting local government for any moneys
paid for such salaries or other compensation and traveling  and  mainte-
nance  expenses  incurred  from  activities  performed  while  rendering
assistance under this program.
  d. Notwithstanding paragraph c  of  this  subdivision,  any  voluntary
ambulance  service  rendered  pursuant to a request for assistance under
this program that affects a volunteer ambulance workers service award or
supplemental service award from a service award  program  or  a  supple-
mental  service award program established pursuant to article eleven-aa,
article eleven-aaa, or article eleven-aaaa of the general municipal  law
shall  be  the responsibility of the political subdivision which adopted
the service award program or supplemental service award program and  not
the responsibility of the STATE OR requesting local government.
  e.  Where  a  dispute arises between an assisting local government and
THE STATE OR a requesting local government regarding  reimbursement  for
loss,  damages  or expenses incurred in connection with the provision of
aid, the parties will make every effort to resolve  the  dispute  within
thirty  business  days  of  written  notice  of the dispute by the party
asserting noncompliance.
  9. Performance of services. a. (1) Employees  of  an  assisting  local
government shall continue under the administrative control of their home
jurisdiction. However, in all other cases where not prohibited by gener-
al,  special or local law, rule or regulation, employees of an assisting
local government shall be under the direction and control of the  DIREC-
TOR OF THE STATE OFFICE OF EMERGENCY MANAGEMENT, local emergency manage-
ment  director  or  other  official  charged  with  performing emergency
management functions for the STATE OR requesting local government;
  (2) Performance by employees  of  an  assisting  local  government  of
services for THE STATE OR a requesting local government pursuant to this
section  shall  have  no  impact upon whether negotiating unit employees

S. 5957                             3

represented by an employee organization, recognized or certified  pursu-
ant to section two hundred six or two hundred seven of the civil service
law,  exclusively  perform  such services, as that phrase is used by the
public  employment relations board, on behalf of the STATE OR requesting
local government;
  b. Assets and equipment of an assisting local government shall contin-
ue under the ownership of the assisting local government, but  shall  be
under  the  direction and control of the DIRECTOR OF THE STATE OFFICE OF
EMERGENCY MANAGEMENT, local emergency management director or other offi-
cial charged with performing  emergency  management  functions  for  the
STATE OR requesting local government.
  S 3. This act shall take effect immediately.