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

                                  8390

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                           September 11, 2015
                               ___________

Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the executive law, the public service law and the public
  health law, in relation to enacting the "natural disaster preparedness
  and mitigation act"

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "natural disaster preparedness and mitigation act".
  S 2. Legislative intent. The legislature  hereby  finds  that  due  to
changes  in  climate and weather patterns, large areas of the state have
been severely impacted by repeated hurricanes, tropical storms and other
weather related natural disasters during the past few years. The  condi-
tions  created  by  these  hurricanes, tropical storms and other weather
related natural disasters  have  imposed  severe  economic,  social  and
infrastructure damages to those areas and populaces affected.
  Therefore,  the  legislature  declares  that  the state, its political
subdivisions, public utilities and health care facilities  must  improve
their preparations for, responses to and recovery from future disasters.
This  act requires enhanced planning, preparation and mitigation efforts
for possible future natural disasters.  Natural  disaster  planning,  on
both  the state and local levels, by state and local governments, utili-
ties and health care facilities  should  be  comprehensive  and  include
emergency  service  organizations  which  are  involved in mitigation of
damage and recovery from  disasters  at  all  levels.  Furthermore,  the
responses to disasters must be quick, well coordinated and comprehensive
so  as  to minimize the loss of life, human suffering, property loss and
reduction in business activity. Finally, both public and private infras-
tructures should be designed and  constructed  to  minimize  the  damage
thereto  caused  by  any disaster and so as to facilitate the repair and
restoration thereof after a disaster.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10286-04-5
              

A. 8390                             2

  S 3. Section 20 of the executive law, as amended by section 1 of  part
B  of  chapter 56 of the laws of 2010, paragraphs i, j and k of subdivi-
sion 2 as added by section 1 of part G of chapter  55  of  the  laws  of
2012, is amended to read as follows:
  S 20. Natural and man-made disasters; policy; definitions. 1. It shall
be the policy of the state that:
  a. local government and emergency service organizations continue their
essential  role  as  the first line of defense in times of disaster, and
that the state provide [appropriate] TIMELY AND COMPREHENSIVE supportive
services to the extent necessary;
  b. local chief executives take an active  and  personal  role  in  the
development  and implementation of STATE AND LOCAL disaster preparedness
programs and be vested with authority and responsibility,  WITH  ASSIST-
ANCE  FROM  THE  STATE,  in order to [insure] ENSURE the success of such
programs;
  c. state and local natural disaster and emergency  response  functions
be  coordinated  using  recognized  practices in incident management AND
RISK MANAGEMENT PRACTICES in order to bring the fullest  protection  and
benefit to the people;
  d.  state  resources  SHALL  be  organized  and prepared for immediate
effective response to disasters which [are] MAY BE beyond the capability
of local governments and emergency service organizations; [and]
  e. state and local plans, organizational arrangements[,] and  response
capability  required  to execute the provisions of this article shall at
all times be the most effective that current AND REASONABLY  ANTICIPATED
circumstances and existing resources allow[.]; AND
  F.  STATE  AND  LOCAL  GOVERNMENT  AND EMERGENCY SERVICE ORGANIZATIONS
SHALL CONSIDER AND INCORPORATE  INTO  EVERY  STATE  AND  LOCAL  DISASTER
PREPAREDNESS  PLAN,  THE EMERGENCY MANAGEMENT PLANS SUBMITTED BY PRIVATE
AGENCIES.
  2. As used in this article the following terms shall have the  follow-
ing meanings:
  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, WIND STORM, wave action, volcanic activity, epidemic, air contam-
ination,  terrorism,  cyber  event, blight, drought, infestation, explo-
sion, radiological accident, nuclear, chemical, biological[,] or bacter-
iological release, water contamination, DAM FAILURE, ICE  STORM,  bridge
failure or bridge collapse.
  b. "state disaster emergency" means a period beginning with a declara-
tion  by  the governor that a disaster exists and ending upon the termi-
nation thereof.
  c. "municipality" means a public corporation as defined in subdivision
one of section sixty-six of the general construction law and  a  special
district as defined in subdivision sixteen of section one hundred two of
the real property tax law.
  d.  "commission"  means  the  disaster preparedness commission created
pursuant to section twenty-one of this article.
  e. "emergency services organization" means a public or private agency,
voluntary organization  or  group  organized  and  functioning  for  the
purpose  of providing fire, medical, ambulance, rescue, housing, food or
other services directed toward relieving human suffering, injury or loss
of life or damage to property as a result  of  an  emergency,  including

A. 8390                             3

non-profit  and  governmentally-supported  organizations,  but excluding
governmental agencies.
  f. "chief executive" means:
  (1) a county executive or manager of a county;
  (2) in a county not having a county executive or manager, the chairman
or other presiding officer of the county legislative body;
  (3) a mayor of a city or village, except where a city or village has a
manager, it shall mean such manager; and
  (4)  a  supervisor  of  a  town, except where a town has a manager, it
shall mean such manager.
  g. ["Disaster] "DISASTER emergency response personnel" means agencies,
public officers, employees, or affiliated volunteers having  duties  and
responsibilities  under or pursuant to a comprehensive emergency manage-
ment plan.
  h. ["Emergency] "EMERGENCY management director" means  the  government
official  responsible  for emergency preparedness, response and recovery
for a county, city, town, or village.
  i. "incident management team" means a state certified team of  trained
personnel  from  different  departments,  organizations,  agencies,  and
jurisdictions within the state, or a region of the state,  activated  to
support  and  manage  major and/or complex incidents requiring a signif-
icant number of local, regional, and state resources.
  j. "executive level officer" means a state  agency  officer  with  the
authority to deploy agency assets and resources and make decisions bind-
ing a state agency.
  k.  "third  party  non-state  resources" means any contracted resource
that is not owned or controlled by the state or a political  subdivision
including,  but  not  limited  to,  ambulances,  construction  crews, or
contractors.
  L. "HEALTH CARE FACILITY" MEANS A HOSPITAL OR RESIDENTIAL HEALTH  CARE
FACILITY,  AS  DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC
HEALTH LAW.
  M. "PRIVATE AGENCY" MEANS A HEALTH CARE FACILITY OR A PUBLIC UTILITY.
  N. "PUBLIC UTILITY" MEANS A UTILITY COMPANY, AS DEFINED IN SECTION TWO
OF THE PUBLIC SERVICE LAW, A CABLE TELEVISION  COMPANY,  AS  DEFINED  IN
SECTION  TWO  HUNDRED  TWELVE  OF  THE PUBLIC SERVICE LAW, OR A WIRELESS
COMMUNICATIONS SERVICE PROVIDER, AS DEFINED IN SECTION THREE HUNDRED ONE
OF THE COUNTY LAW.
  S 4. Section 21 of the executive law, as amended by section 2 of  part
B of chapter 56 of the laws of 2010, subdivision 1 as amended by chapter
176  of  the  laws  of  2013, paragraph f of subdivision 3 as amended by
section 3 and subdivision 5 as amended by section 4 of part G of chapter
55 of the laws of 2012, is amended to read as follows:
  S 21. Disaster preparedness commission established;  meetings;  powers
and  duties.    1. There is hereby created in the executive department a
disaster preparedness commission  consisting  of  the  commissioners  of
transportation,  health,  division  of criminal justice services, educa-
tion, economic development, agriculture and markets, housing and  commu-
nity  renewal,  general  services,  labor,  environmental  conservation,
mental health, parks, recreation and historic preservation,  corrections
and  community supervision, children and family services, homeland secu-
rity and emergency services, and people with developmental disabilities,
the president of the New York  state  energy  research  and  development
authority,  the  superintendents of state police and financial services,
the secretary of state, the state fire administrator, the chair  of  the
public  service commission, the adjutant general, the office of informa-

A. 8390                             4

tion technology services, and the office of victim services, the  chairs
of  the  thruway  authority,  the office for the aging, the metropolitan
transportation authority, the port authority of New York and New Jersey,
the  chief professional officer of the state coordinating chapter of the
American Red Cross and [three] SIX additional members, to  be  appointed
by  the  governor,  two  of  whom shall be chief executives, ONE OF WHOM
SHALL BE A REPRESENTATIVE OF A PUBLIC UTILITY, ONE OF WHOM  SHALL  BE  A
REPRESENTATIVE OF A HEALTH CARE FACILITY AND ONE OF WHOM SHALL BE A RISK
MANAGER.  Each member agency may designate an executive level officer of
that  agency, with responsibility for disaster preparedness matters, who
may represent that agency on the commission.  The  commissioner  of  the
division  of  homeland  security  and  emergency services shall serve as
chair of the commission, and the governor shall designate the vice chair
of the commission. The members of the commission, except those who serve
ex officio,  shall  be  allowed  their  actual  and  necessary  expenses
incurred in the performance of their duties under this article but shall
receive  no  additional  compensation  for services rendered pursuant to
this article.
  2. The commission, on call of the chairperson,  shall  meet  at  least
twice  each year and at such other times as may be necessary. The agenda
and meeting place of all regular meetings shall be made available to the
public in advance of such meetings and all such meetings shall  be  open
to  the  public.  The commission shall establish quorum requirements and
other rules and procedures regarding conduct of its meetings  and  other
affairs.
  3.  The  commission  shall  have the following powers and responsibil-
ities:
  a. study all aspects  of  man-made  or  natural  disaster  prevention,
response and recovery;
  b.  request  and  obtain  from  any  state or local officer or agency,
PRIVATE AGENCY OR RISK MANAGER any information OR  ADVICE  necessary  to
the commission for the exercise of its responsibilities;
  c. prepare and, as appropriate, revise a state comprehensive emergency
management  plan. The commission shall report all revisions to such plan
by March thirty-first of each year to the governor, the legislature  and
the  chief  judge  of the state, unless a current version of the plan is
available to the public on the website of the division of homeland secu-
rity and emergency services. In preparing  such  plans,  the  commission
shall consult with federal and local officials, emergency service organ-
izations  including  both  volunteer  and  commercial emergency response
organizations, PRIVATE AGENCIES, RISK MANAGERS  and  the  public  as  it
deems  appropriate.  To the extent such plans impact upon administration
of the civil and criminal justice systems of the state, including  their
operational and fiscal needs in times of disaster emergency, the commis-
sion,  its  staff  and  any  working  group, task force, agency or other
instrumentality to which it may delegate responsibility to assist it  in
its  duties shall consult with the chief administrator of the courts and
coordinate their preparation with him or her or with his or  her  repre-
sentatives;
  d.  prepare,  keep current and distribute to chief executives, PRIVATE
AGENCIES, BUSINESS ORGANIZATIONS, and others an  inventory  of  programs
directly  relevant  to  prevention,  minimization  of damage, readiness,
operations during disasters, and recovery following disasters;
  e. direct state disaster  operations  and  coordinate  state  disaster
operations  with  local AND PRIVATE AGENCY disaster operations following
the declaration of a state disaster emergency;

A. 8390                             5

  f. (1) unless it deems it unnecessary, create, following the  declara-
tion  of  a  state  disaster  emergency, a temporary organization in the
disaster area to provide for integration  and  coordination  of  efforts
among  the  various  federal,  state,  municipal  and  private  agencies
involved.  The  commission,  upon a request from a municipality and with
the approval of the governor, shall direct the temporary organization to
assume direction of the local disaster operations of such  municipality,
AND  COOPERATE  WITH  PRIVATE AGENCY DISASTER OPERATIONS for a specified
period of time not to exceed thirty days, and in such cases such  tempo-
rary  organization  shall  assume direction of such local disaster oper-
ations, AND COOPERATE WITH PRIVATE AGENCY DISASTER OPERATIONS subject to
the supervision of the commission. Upon the expiration of the thirty day
period the commission, at the request of the  municipality,  may  extend
the   temporary   organization's   direction   of  such  local  disaster
operations, AND COOPERATE WITH PRIVATE AGENCY  DISASTER  OPERATIONS  for
additional  periods  not  to  exceed thirty days. The commission, upon a
finding that a municipality is unable to  manage  local  disaster  oper-
ations,  may,  with  the  approval of the governor, direct the temporary
organization to assume direction of the local AND PRIVATE AGENCY  disas-
ter  operations of such municipality, for a specified period of time not
to exceed thirty days, and in such  cases  such  temporary  organization
shall  assume  direction of such local AND PRIVATE AGENCY disaster oper-
ations, subject to the supervision of the commission. Upon expiration of
the thirty day period the commission, after consultation with the  muni-
cipality,  and  with the approval of the governor, may extend the tempo-
rary organization's direction of such local AND PRIVATE AGENCY  disaster
operations  for  additional  periods  not to exceed thirty days. In such
event, such temporary organization may utilize such municipality's local
resources, provided, however, that the state shall not be liable for any
expenses incurred in using  such  municipality's  resources.  The  state
shall  not  be  liable  for  the expenses incurred in using third party,
non-state resources deployed to  the  affected  area  by  the  temporary
organization, which are necessary to protect life and safety;
  (2) The state incident management team shall have the authority to act
as  the  operational  arm  of the temporary organization. When called to
duty and deployed by the state, members of any state or  local  incident
management  team  shall  be  deemed temporary employees of the state and
shall have the same privileges and immunities afforded to regular  state
employees, subject to the rules and regulations promulgated by the pres-
ident  of  the  state  civil  service commission pursuant to section one
hundred sixty-three of the civil service law;
  g. assist in the coordination of federal recovery efforts and  coordi-
nate recovery assistance by state and private agencies;
  h. provide for periodic briefings, drills, exercises or other means to
assure  that  all  state,  MUNICIPAL  AND  PRIVATE AGENCY personnel with
direct, SUPERVISORY OR IMPLEMENTATION responsibilities in the event of a
disaster are fully familiar with response and  recovery  plans  and  the
manner in which they shall carry out their responsibilities, and coordi-
nate  with federal, local, PRIVATE AGENCY or other state personnel. Such
activities may take place on a regional  or  county  basis,  and  local,
PRIVATE  AGENCY  and  federal participation shall be invited and encour-
aged;
  i. submit to the governor, the legislature and the chief judge of  the
state  by  March  thirty-first of each year an annual report which shall
include but need not be limited to:

A. 8390                             6

  (1) a summary of commission, MUNICIPAL, PRIVATE AGENCY and state agen-
cy activities for the year and plans for the ensuing year  with  respect
to the duties and responsibilities of the commission;
  (2) recommendations on ways to improve state, PRIVATE AGENCY and local
capability  to  prevent, prepare for, respond to and recover from disas-
ters;
  (3) the status of the state, PRIVATE AGENCY and local plans for disas-
ter preparedness and response, including the name  of  any  locality  OR
PRIVATE  AGENCY which has failed or refused to develop and implement its
own disaster preparedness plan and program; and the extent to which  all
forms  of  local  AND PRIVATE AGENCY emergency response assets have been
included, and accounted for in planning  and  preparation  for  disaster
preparedness and response; [and]
  j.  develop  public  service  announcements to be distributed to tele-
vision and radio stations and other media throughout the state informing
the public how to prepare and respond to disasters. Such public  service
announcements  shall  be distributed in English and such other languages
as such commission deems appropriate[.]; AND
  K. THE COMMISSION SHALL WITHIN  ONE  HUNDRED  EIGHTY  DAYS  AFTER  THE
OCCURRENCE  OF  A  NATURAL  DISASTER,  EVALUATE THE EFFECTIVENESS OF THE
STATE AND LOCAL EMERGENCY MANAGEMENT PLANS, AND THOSE PLANS  ESTABLISHED
BY  PRIVATE  AGENCIES  THAT  WERE  ACTIVATED IN RESPONSE TO SUCH NATURAL
DISASTER. IN EVALUATING ALL OF SUCH PLANS, THE REPORT OF THE  COMMISSION
MAY CONSIDER:
  (1)  THE  OVERALL EFFECTIVENESS OF THE STATE EMERGENCY MANAGEMENT PLAN
AND HOW IT INTERFACED WITH EACH LOCAL EMERGENCY MANAGEMENT PLAN AND  THE
PLANS  ESTABLISHED BY PRIVATE AGENCIES, AS SUCH PLANS RELATED TO:  MITI-
GATION OF THE LOSS OF HUMAN LIFE AND  DAMAGE  TO  PROPERTY,  RESCUE  AND
RESPONSE TIMES BY EMERGENCY RESPONDERS, ABILITY FOR EACH PLAN TO COORDI-
NATE ITS EFFORTS WITH ALL OTHER EMERGENCY MANAGEMENT PLANS, AND CAPACITY
FOR  EACH  ADMINISTRATOR OF THE STATE, LOCAL AND PRIVATE AGENCY PLANS TO
EFFECTIVELY COMMUNICATE WITH EACH OTHER, PERSONNEL UNDER  THE  DIRECTION
OF  OTHER JURISDICTIONS, THE GENERAL PUBLIC AND THOSE LOCATED OUTSIDE OF
THE DISASTER AREA;
  (2) THE EFFECTIVENESS OF EACH INDIVIDUAL PLAN TO  SATISFY  THE  ARTIC-
ULATED GOALS OF SUCH PLAN AS IT RELATES TO THE ANTICIPATED TIME IN WHICH
SUCH PLAN WAS ACTIVATED, WHETHER SUCH PLAN SHOULD HAVE BEEN ACTIVATED AT
AN  EARLIER OR LATER TIME, OVERALL EMERGENCY RESPONSE TIMES BY COMPONENT
PARTS OF SUCH PLAN, TO MITIGATE OR CURTAIL THE LOSS OF TARGETED  MUNICI-
PAL  OR  PRIVATE AGENCY SERVICES, TO REINSTATE SUCH MUNICIPAL OR PRIVATE
AGENCY SERVICES AFTER THE OCCURRENCE OF SUCH DISASTER, THE EFFECTIVENESS
OF PERSONNEL COVERED UNDER SUCH PLAN,  INCLUDING,  BUT  NOT  LIMITED  TO
ADEQUATE  TRAINING  AND PERFORMANCE OF ASSIGNED TASKS BY SUCH PERSONNEL;
AND
  (3) THE OVERALL STRENGTHS AND WEAKNESSES OF EACH EMERGENCY  MANAGEMENT
PLAN,  ITS  SHORTCOMINGS AND ITEMS THAT COULD BE IMPROVED UPON TO BETTER
SATISFY THE ARTICULATED GOALS OF SUCH PLAN AND IMPROVE THE EFFECTIVENESS
AND COOPERATIVE EFFORTS WITH AND BY OTHER ACTIVATED EMERGENCY MANAGEMENT
PLANS TO BE BETTER PREPARED FOR FUTURE DISASTERS.
  AFTER THE COMPLETION OF SUCH EVALUATION, THE COMMISSION  SHALL  REPORT
ITS  FINDINGS  AND  RECOMMENDATIONS  DERIVED  FROM THE EVALUATION TO THE
GOVERNOR, THE LEGISLATURE, APPROPRIATE EMERGENCY MANAGEMENT  AGENCY  AND
THE  STATES  WHICH COOPERATE WITH THE STATE OF NEW YORK FOR THE PURPOSES
OF THIS ARTICLE.
  4. All powers of the state civil defense commission  are  assigned  to
the commission.

A. 8390                             7

  5.  The  [state] office of emergency management within the division of
homeland security and emergency services shall serve as the  operational
arm  of  the  commission  and  shall  be  responsible  for  implementing
provisions of this article and the rules and  policies  adopted  by  the
commission.  The  director of the [state] office of emergency management
within the division of homeland security and  emergency  services  shall
exercise  the authority given to the disaster preparedness commission in
section twenty-nine of this article,  to  coordinate  and  direct  state
agencies  and assets in response to a state OR LOCAL disaster emergency,
through their respective agency heads, on behalf of the governor and the
chair of the disaster preparedness commission, when  the  governor,  the
lieutenant  governor, and the chair of the disaster preparedness commis-
sion are incapacitated or without an available means of reliable  commu-
nication  with the [state] office of emergency management. If the direc-
tor of the [state] office of emergency management is unable to  exercise
this  authority,  then the executive deputy commissioner of the division
of homeland security and emergency services shall  act  in  [this]  SUCH
capacity.  In the event that the executive deputy commissioner is unable
to exercise [this] SUCH authority, then such authority  shall  be  exer-
cised  by the official willing and able to do so in the following order:
the superintendent of [the division of] state  police;  the  state  fire
administrator;  or the director of the office of counterterrorism within
the division of homeland security and  emergency  services.  Nothing  in
this subdivision shall be construed to limit the authority of the gover-
nor,  lieutenant  governor,  or  the  chair of the disaster preparedness
commission to oversee the director of the [state]  office  of  emergency
management  within  the  division  of  homeland  security  and emergency
services or any official exercising  authority  given  to  the  disaster
preparedness commission in section twenty-nine of this article.
  S  5.  Section 22 of the executive law, as added by chapter 640 of the
laws of 1978, subdivision 3 as amended by section 3 of part B of chapter
56 of the laws of 2010, is amended to read as follows:
  S 22. State disaster  preparedness  plans.  1.  The  commission  shall
prepare  a  state disaster preparedness plan and submit such plan to the
governor for approval no later than one  year  following  the  effective
date  of  this [act] ARTICLE.   The governor shall act upon such plan by
July first of that year.  The commission shall review such plans annual-
ly.
  2. The purpose of such plans shall  be  to  minimize  the  effects  of
disasters by: (i) identifying appropriate measures to prevent disasters,
(ii)  developing  mechanisms  to  coordinate  the  use  of resources and
manpower for service during  and  after  disaster  emergencies  and  the
delivery  of services to aid citizens and reduce human suffering result-
ing from a disaster, and (iii) provide for  recovery  and  redevelopment
after disaster emergencies.
  3. Such plans shall be prepared with such assistance from [other] SUCH
MUNICIPAL AND PRIVATE agencies AND RISK MANAGERS as the commission deems
necessary, and 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) COMPREHENSIVE  identification  of  hazards  [and],  assessment  of
[risk] RISKS AND PREVENTION OR MITIGATION OF SUCH RISKS;
  (2) recommended disaster prevention and mitigation projects, policies,
priorities,  PERSONNEL TRAINING and programs, with suggested implementa-
tion schedules, which outline federal, state, PRIVATE AGENCY  and  local
roles;

A. 8390                             8

  (3)  suggested  revisions  and additions to building and safety codes,
and zoning, COASTAL AREA,  INLAND  WATERWAY  AREA  and  other  land  use
programs  TO  PROTECT  AND  MITIGATE  FUTURE  RISKS POSED TO THE STATE'S
TRANSPORTATION, UTILITY AND TELECOMMUNICATIONS INFRASTRUCTURE;
  (4)  suggested  ways  in  which  state  agencies can provide technical
assistance to municipalities AND PRIVATE AGENCIES in the development  of
local disaster prevention and mitigation plans and programs;
  (5)  such  other measures as reasonably can be taken to protect lives,
prevent disasters, and reduce the impact of disasters.
  b. Disaster response. Plans to coordinate the  use  of  resources  and
manpower  for  service during and after disaster emergencies, ENHANCE OR
PRESERVE COMMUNICATIONS CAPABILITIES BETWEEN AFFECTED ORGANIZATIONS  AND
THE  GENERAL  PUBLIC, and to deliver services to aid citizens and reduce
human suffering resulting from a disaster emergency shall  include,  but
not be limited to:
  (1) coordination of resources, manpower and services, using recognized
practices  in  incident  management and utilizing existing organizations
and lines of authority and centralized direction of requests for assist-
ance;
  (2) the location, procurement, construction,  processing,  transporta-
tion, storing, maintenance, renovation, distribution, disposal or use of
materials, including those donated, and facilities and services;
  (3) a system for warning AND COMMUNICATING WITH populations who are or
may be endangered;
  (4)  arrangements  for activating state, municipal, PRIVATE AGENCY 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  state  communication facilities during a state disaster
emergency, including the assignment of responsibilities and  the  estab-
lishment  of  communication  priorities,  and  liaison  with  municipal,
private and federal communication facilities;
  (6) a plan for coordinated evacuation procedures, including the estab-
lishment of temporary housing OR EMERGENCY SHELTERS, and other necessary
facilities FOR DISPLACED INDIVIDUALS AND FAMILIES. SUCH TEMPORARY  HOUS-
ING  AND  EMERGENCY  SHELTERS SHALL PROVIDE ADEQUATE PROTECTION FROM THE
ELEMENTS, FOOD, HEATING, COOLING AND VENTILATION, AND NECESSARY  MEDICAL
CARE;
  (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 state, PRIVATE AGENCY and 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
DISPLACED, FAMILIES WITH CHILDREN, the elderly, individuals  with  disa-
bilities and other groups which may be especially affected;
  (13) control of ingress and egress to and from a disaster area;
  (14) arrangements to administer federal disaster assistance;
  (15)  a  system  for  obtaining and coordinating situational awareness
including the centralized assessment of disaster effects  and  resultant
needs; and

A. 8390                             9

  (16)  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, FEEDING and trans-
portation options.
  c.  Recovery.  Plans  to  provide for recovery and redevelopment after
disaster emergencies shall include, but not be limited to:
  (1) measures to coordinate state  AND  PRIVATE  agency  assistance  in
recovery efforts;
  (2) arrangements to administer federal recovery assistance; and
  (3)  such  other  measures as reasonably can be taken to assist in the
development and implementation of  local  AND  PRIVATE  AGENCY  disaster
recovery plans.
  S  6. 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 AND PRIVATE AGENCIES 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 AND PRIVATE AGENCY measures to
prevent  disasters,  (ii) developing mechanisms to coordinate the use of
local AND PRIVATE AGENCY 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
services, health and social services officials, PRIVATE AGENCIES, commu-
nity action agencies, the chief administrator of the  courts,  organiza-
tions  for  the elderly and the handicapped, RISK AND INCIDENT MANAGERS,
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. 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. 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)  COMPREHENSIVE  identification  of  hazards  [and],  assessment of
[risk] RISKS AND PREVENTION OR MITIGATION OF SUCH RISKS;
  (2) recommended disaster prevention and mitigation projects, policies,
PERSONNEL TRAINING, priorities and programs, with suggested  implementa-
tion  schedules,  which outline federal, state, PRIVATE AGENCY and local
roles;

A. 8390                            10

  (3) suggested revisions and additions to building and safety codes and
zoning, COASTAL AREA, INLAND WATERWAY AREA and other land use  programs,
TO  PROTECT  AND  MITIGATE  FUTURE  RISKS POSED TO LOCAL TRANSPORTATION,
UTILITY AND TELECOMMUNICATIONS INFRASTRUCTURE, AND THE NECESSARY  TRAIN-
ING OF PERSONNEL TO ENFORCE SUCH PROVISIONS;
  (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, ENHANCE OR PRESERVE
COMMUNICATIONS  CAPABILITIES  BETWEEN  AFFECTED  ORGANIZATIONS  AND  THE
GENERAL PUBLIC, 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 AND COMMUNICATING WITH populations who are or
may be endangered;
  (4)  arrangements  for activating municipal, PRIVATE AGENCY and volun-
teer 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 OR EMERGENCY SHELTERS, and other necessary
facilities  FOR DISPLACED INDIVIDUALS AND FAMILIES. SUCH TEMPORARY HOUS-
ING AND EMERGENCY SHELTERS SHALL PROVIDE ADEQUATE  PROTECTION  FROM  THE
ELEMENTS,  FOOD,  HEATING, COOLING AND VENTILATION, CLOTHING, AND NECES-
SARY MEDICAL CARE. IN ADDITION, SUCH HOUSING  AND  SHELTERS  SHALL  HAVE
ADEQUATE  STAFFING  LEVELS  TO  CARE  FOR  THE  BASIC  NEEDS OF ALL SUCH
DISPLACED INDIVIDUALS AND FAMILIES, INCLUDING SPECIAL NEEDS  POPULATIONS
SUCH  AS  FAMILY UNITS WITH YOUNG CHILDREN, PREGNANT WOMEN, THE ELDERLY,
PERSONS WITH DISABILITIES, PERSONS WITH MENTAL DISABILITIES  AS  DEFINED
IN   THE   MENTAL   HYGIENE  LAW,  THE  HOMELESS  AND  OTHER  VULNERABLE
POPULATIONS;
  (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  AND  PRIVATE AGENCY
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
DISPLACED, FAMILIES WITH CHILDREN, the elderly, individuals  with  disa-
bilities and other groups which may be especially affected;
  (13) control of ingress and egress to and from a disaster area;

A. 8390                            11

  (14) arrangements to administer state and federal disaster assistance;
  (15)  procedures  under which the county, city, town, village or other
political subdivision, PRIVATE AGENCY and emergency organization person-
nel 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 INCLUDING,
BUT NOT  LIMITED  TO,  ROADS,  RAILWAYS,  AIRPORTS,  TELECOMMUNICATIONS,
PUBLIC  UTILITIES AND HEALTH CARE FACILITIES, proposed new or amendments
to zoning, subdivision, building, COASTAL AREA,  INLAND  WATERWAY  AREA,
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  AND  PRIVATE  AGENCIES in the preparation of applications
for federal and state disaster recovery assistance.
  S 7. Subdivisions 2 and 5 of section 23-a of  the  executive  law,  as
added  by  chapter  658  of  the  laws  of  1996, are amended to read as
follows:
  2. Upon the establishment of a voluntary registry of disabled  persons
as  provided  in  subdivision  one  of this section, the chief executive
shall make such registry available to the appropriate  county,  PRIVATE,
state  and  federal agencies for their use in delivering services in the
event of a local or state disaster. The chief executive shall, upon  the
request  of the [state] OFFICE OF emergency management [office], provide
such registry information to such office. The chief  executive  may,  at
his  OR  HER discretion, use the registry information for local disaster
preparedness only in coordination with other political  subdivisions  of
the state.
  5.  All community-based services providers, including home health care
providers AND PRIVATE AGENCIES, shall  assist  the  chief  executive  by
collecting  registration  information  for  people with special needs as
part of program intake processes, establishing programs to increase  the
awareness  of  the registration process, and educating clients about the
procedures that may be necessary for their safety during disasters.
  S 8. Section 23-b of the executive law, as added by chapter 589 of the
laws of 2008, subdivision 4 as added by chapter 115 of the laws of 2010,
is amended to read as follows:
  S 23-b. [Nursing home and assisted living] HEALTH CARE facility plans.
1. After consultation with the commissioner of health, the  director  of
the  office for the aging, and the [director] COMMISSIONER of the [state
office] DIVISION  of  homeland  security  AND  EMERGENCY  SERVICES,  AND
CONSISTENT  WITH  THE DISASTER PREPAREDNESS PLAN ESTABLISHED PURSUANT TO
SECTION TWENTY-EIGHT HUNDRED SIX-C OF THE PUBLIC HEALTH LAW, the commis-
sion shall establish standards for [nursing homes, adult homes, enriched

A. 8390                            12

housing programs and assisted living residences] HEALTH CARE  FACILITIES
regarding disaster preparedness.
  2.  Each  such  facility  shall  be assisted in the establishment of a
disaster preparedness plan. The plan shall include, but not  be  limited
to, the following:
  (a)  Maintaining  a  supply  of  food,  water and to the extent deemed
necessary and feasible in the reasonable judgment of the operator of the
facility, THE PROVISION OF MEDICAL CARE AND medication in reserve in the
event that obtaining such items should become difficult or impossible.
  (b) [In the reasonable judgment of the facility, having] HAVING access
to a generator or generators OR ALTERNATIVE SOURCES sufficient to supply
electrical power AND TELECOMMUNICATIONS CAPABILITIES to the facility.
  (c) Establishing an evacuation  plan  for  residents  AND/OR  PATIENTS
including an alternative site suitable for temporary use.
  (d) Establishing [staffing] plans WHICH PROVIDE FOR NECESSARY STAFFING
during a disaster.
  3. Such plans shall be [made available to] FILED WITH the county emer-
gency management office AND THE COMMISSION.
  4.  Nothing  in this section shall be deemed to modify or override any
requirements in regulations duly promulgated by a state  agency,  or  to
limit  any lawful authority of a state agency to promulgate regulations,
with respect to disaster preparedness of such facilities,  the  contents
of  their  disaster  preparedness  plans  or the process for approval of
those plans.
  S 9. Section 23-c of the executive law, as added by chapter 415 of the
laws of 2009, is amended to read as follows:
  S 23-c. Consistency among local disaster preparedness  plans.  1.  The
local  disaster  preparedness  plans  for  each county, city, town, [or]
village OR PRIVATE AGENCY shall be so developed  that  no  part  of  the
local  disaster  preparedness plan of any county or any city, town, [or]
village OR PRIVATE AGENCY within such county conflicts with any part  of
the  local  disaster preparedness plan of any of the other said entities
within such county or such county itself.  In  the  event  of  any  such
conflict, such conflict shall be resolved by such county. The provisions
of  this  subdivision  shall  not apply to a city wholly containing more
than one county or to any county wholly contained within any such city.
  2. In the event that any part of the local disaster preparedness  plan
of  any  county or any city, town, [or] village OR PRIVATE AGENCY within
such county conflicts with any part of the local  disaster  preparedness
plan  of  any  other  county  or any city, town, [or] village OR PRIVATE
AGENCY within any such other county, such conflict shall be resolved  by
the [state] OFFICE OF emergency management [office], as defined in para-
graph  (e)  of subdivision one of section twenty-nine-e of this article.
The provisions of this subdivision shall not apply to any county  wholly
contained within a city wholly containing more than one county. Any city
wholly  containing  more  than  one  county  shall  be  subject  to  the
provisions of this subdivision as if it were a county.
  3. [Said state] THE OFFICE OF emergency management [office] is  hereby
authorized  and  directed to promulgate any rules or regulations or take
any other measures  necessary  to  effectuate  the  provisions  of  this
section.
  S  10.  Subdivisions  3  and  4 of section 25 of the executive law, as
added by chapter 640 of the  laws  of  1978,  are  amended  to  read  as
follows:
  3.  A  chief executive may also request and accept assistance from any
other political subdivision OR PRIVATE AGENCY and may receive  therefrom

A. 8390                            13

and  utilize any real or personal property or the service of any person-
nel thereof on such terms and conditions as may be mutually agreed to by
the chief executives of the requesting and assisting political  subdivi-
sions AND THE HEAD OF THE PRIVATE AGENCY.
  4.  Upon  the  receipt  of  a  request for assistance made pursuant to
subdivision two or three of this section, the  chief  executive  of  any
political subdivision OR PRIVATE AGENCY may give, lend or lease, on such
terms  and  conditions  as  he  OR SHE may deem necessary to promote the
public welfare and protect the interests of such  political  subdivision
OR  PRIVATE  AGENCY,  any  services,  equipment, facilities, supplies or
other resources of his OR HER political subdivision OR  PRIVATE  AGENCY.
Any lease or loan of real or personal property pursuant to this subdivi-
sion,  or  any  transfer of personnel pursuant hereto, shall be only for
the purpose of assisting a political subdivision  in  emergency  relief,
reconstruction, or rehabilitation made necessary by the disaster.
  S  11.  Subdivisions  2 and 3 of section 28-a of the executive law, as
amended by chapter 641 of the laws of  1978,  are  amended  to  read  as
follows:
  2. The commission AND PRIVATE AGENCIES shall provide technical assist-
ance  in  the development of such plans upon the request of such county,
city, town or village.
  3. A local recovery and redevelopment plan shall include, but need not
be limited to: plans for replacement, reconstruction, removal  or  relo-
cation of damaged or destroyed facilities AND PUBLIC UTILITIES; proposed
new  or amended regulations such as zoning, subdivision, building, COAS-
TAL AREA, INLAND WATERWAY AREA or sanitary  ordinances  and  codes;  THE
PLANS  OF  PRIVATE  AGENCIES RELATED TO DISASTER RECOVERY AND REDEVELOP-
MENT; and plans for economic recovery and  community  development.  Such
plans  shall take into account and to the extent practicable incorporate
relevant existing plans and policies and  such  plans  shall  take  into
account  the  need to minimize the potential impact of any future disas-
ters on the community.
  S 12. Section 29 of the executive law, as added by chapter 640 of  the
laws of 1978, is amended to read as follows:
  S 29. Direction  of  state  agency assistance in a disaster emergency.
Upon the declaration of a state  disaster  emergency  the  governor  may
direct  any and all agencies of the state government AND REQUEST COOPER-
ATION FROM PRIVATE AGENCIES to provide assistance under the coordination
of the disaster  preparedness  commission.  Such  state  assistance  may
include:  (1)  utilizing,  lending, or giving to political subdivisions,
with or without compensation therefor, equipment, supplies,  facilities,
services  of  state  OR  PRIVATE  AGENCY personnel, and other resources,
other than the extension of credit; (2) distributing  medicine,  medical
supplies,  food  and  other  consumable  supplies  through any public or
private agency authorized to distribute  the  same;  (3)  performing  on
public  or  private  lands  temporary  emergency  work essential for the
protection of public health and safety, clearing  debris  and  wreckage,
making emergency repairs to and temporary replacements of public facili-
ties  of political subdivisions OR PUBLIC UTILITIES damaged or destroyed
as a result of such disaster; and (4) making such  other  use  of  their
facilities,  equipment,  supplies  and  personnel as may be necessary to
assist in coping with the disaster or any emergency resulting therefrom.
  S 13. Section 29-a of the executive law, as added by  chapter  640  of
the  laws  of  1978,  subdivision 1 as amended by section 7 of part G of
chapter 55 of the laws of 2012, is amended to read as follows:

A. 8390                            14

  S 29-a. Suspension of other laws.  1. Subject to the  state  constitu-
tion, the federal constitution and federal statutes and regulations, the
governor  may by executive order temporarily suspend specific provisions
of any statute, local law, ordinance, [or] orders, rules or regulations,
or  parts  thereof,  of any agency during a state disaster emergency, if
compliance with such provisions would prevent, hinder, or  delay  action
necessary to cope with OR RECOVER FROM the disaster.
  2.  Suspensions  pursuant  to subdivision one of this section shall be
subject to the following standards and limits:
  a. no suspension shall be made for a  period  in  excess  of  [thirty]
SIXTY  days,  provided, however, that upon reconsideration of all of the
relevant facts and circumstances, the governor may extend the suspension
for additional periods not to exceed thirty days each;
  b. no suspension shall be made which does not safeguard the health and
welfare of the public and which  is  not  reasonably  necessary  to  the
disaster effort;
  c.  any  such  suspension  order shall specify the statute, local law,
ordinance, order, rule or regulation or part thereof to be suspended and
the terms and conditions of the suspension;
  d. the order may provide for such  suspension  only  under  particular
circumstances, and may provide for the alteration or modification of the
requirements of such statute, local law, ordinance, order, rule or regu-
lation suspended, and may include other terms and conditions;
  e.  any  such suspension order shall provide for the minimum deviation
from the requirements of the statute, local law, ordinance, order,  rule
or  regulation  suspended  consistent  with  the  disaster action deemed
necessary; and
  f. when practicable, specialists shall be assigned to assist with  the
related emergency AND RECOVERY actions to avoid needless adverse effects
resulting from such suspension.
  3. Such suspensions shall be effective from the time and in the manner
prescribed  in such orders and shall be published as soon as practicable
in the state bulletin.
  4. The legislature may terminate by  concurrent  resolution  executive
orders issued under this section at any time.
  S  14.  Subdivision 1 of section 29-b of the executive law, as amended
by section 7 of part B of chapter 56 of the laws of 2010, is amended  to
read as follows:
  1.    The  governor  may,  in  his or her discretion, direct the state
disaster preparedness commission to conduct  an  emergency  exercise  or
drill,  under  its  direction,  in which all or any of the personnel and
resources of the agencies of [the commission of] the state AND IN  COOP-
ERATION  WITH  PRIVATE  AGENCIES  may  be utilized to perform the duties
assigned to them in a  disaster,  for  the  purpose  of  protecting  and
preserving  human  life  or property in a disaster. During a disaster or
such drill or exercise, disaster emergency  response  personnel  in  the
state shall operate under the direction and command of the chair of such
commission,  and  shall  possess the same powers, duties, rights, privi-
leges and immunities as are applicable in a civil defense drill held  at
the direction of the state civil defense commission under the provisions
of the New York state defense emergency act.
  S  15. Subdivision 1 of section 29-e of the executive law, as added by
chapter 603 of the laws of 1993, paragraph (e) as amended by  section  8
of  part  B  of  chapter  56  of the laws of 2010, is amended to read as
follows:

A. 8390                            15

  1. For purposes of this section the following  terms  shall  have  the
following meanings:
  (a)  "Infrastructure"  shall mean and include publicly owned storm and
sanitary sewers, water supply systems, drainage systems,  PUBLIC  UTILI-
TIES, transportation systems, roads and bridges.
  (b)  "Municipality"  shall  mean any county, city, village, or town of
the state.
  (c) "Public facilities" shall mean and include publicly  owned  build-
ings,  including  traditional government buildings, such as courthouses,
firehouses, police stations, parks, recreational facilities, and correc-
tional facilities.
  (d) "Fund" shall mean the state's contingency reserve fund established
by law.
  (e) ["The office] "OFFICE of  emergency  management"  shall  mean  the
office  OF EMERGENCY MANAGEMENT within the division of homeland security
and emergency services.
  S 16. Subparagraph 1 of paragraph (b) of subdivision 3 of section 29-g
of the executive law, as added by chapter 299 of the laws  of  2001,  is
amended to read as follows:
  (1)  A description of the emergency service function for which assist-
ance is needed, such as, but not limited to, fire services, law enforce-
ment, emergency medical, transportation,  communications,  public  works
and  engineering,  building inspection, planning and information assist-
ance, mass care, PROVISION OF SHELTER TO DISPLACED INDIVIDUALS AND FAMI-
LIES, resource support, health and  medical  services,  and  search  and
rescue.
  S 17. Subdivision 1 of section 377 of the executive law, as amended by
chapter 309 of the laws of 1996, is amended to read as follows:
  1.  The council shall formulate a uniform fire prevention and building
code which shall take effect on  the  first  day  of  January,  nineteen
hundred  eighty-four. The council may from time to time amend particular
provisions of the uniform code and shall periodically review the  entire
code  to assure that it effectuates the purposes of this article and the
specific objectives and standards hereinafter set forth. IN  THE  FORMU-
LATION  OF  SUCH  CODE,  BOTH THE COUNCIL AND SECRETARY, IN CONSULTATION
WITH THE DISASTER PREPAREDNESS COMMISSION, MAY ESTABLISH STANDARDS WHICH
PROVIDE FOR THE OPTIMAL SURVIVABILITY OF ALL BUILDINGS, INCLUDING COMMU-
NITY BUILDINGS AND FACILITIES, IN THE CASE OF A  DISASTER,  PARTICULARLY
THOSE  COMMUNITY  BUILDINGS  AND FACILITIES LOCATED IN COASTAL AREAS AND
INLAND WATERWAY AREAS THAT MAY BE USED AS  EMERGENCY  SHELTERS,  COMMAND
CENTERS  OR  TO RESPOND TO A NATURAL DISASTER.  FURTHERMORE, THE UNIFORM
CODE SHALL ESTABLISH STANDARDS FOR THE SURVIVABILITY  AND  OPERATION  OF
BACK-UP GENERATORS AND ALTERNATIVE ELECTRICITY SOURCES FOR HOSPITALS AND
RESIDENTIAL  HEALTH  CARE  FACILITIES  DURING  A DISASTER. The secretary
shall conduct public hearings on said uniform  code  and  any  amendment
thereto.  The  secretary  shall  review such code or amendment, together
with any changes incorporated by the council as a result of  such  hear-
ings,  to insure that it effectuates the purposes of this article.  Upon
being so satisfied, the secretary shall approve said code  or  amendment
prior to its becoming effective.
  S 18. Subdivision 1 of section 713 of the executive law, as amended by
section  16  of  part B of chapter 56 of the laws of 2010, is amended to
read as follows:
  1. Notwithstanding any other provision of law, the commissioner of the
division of homeland security and emergency  services  shall  conduct  a
review  and  analysis  of  measures  being  taken  by the public service

A. 8390                            16

commission and any other agency or authority of the state or  any  poli-
tical subdivision thereof and, to the extent practicable, of any federal
entity,  to  protect  the security of critical infrastructure related to
energy  generation and transmission located within the state BOTH DURING
TIMES OF NORMAL OPERATIONS, AND BEFORE, DURING AND AFTER THE  OCCURRENCE
OF  VARIOUS TYPES OF NATURAL DISASTERS. The commissioner of the division
of homeland security and emergency services shall have the authority  to
review  any  audits  or reports related to the security of such critical
infrastructure, including audits or reports conducted at the request  of
the  public  service  commission or any other agency or authority of the
state or any political subdivision thereof or, to the  extent  practica-
ble,  of  any  federal  entity.  The owners and operators of such energy
generating or transmission facilities  shall,  in  compliance  with  any
federal  and  state  requirements  regarding  the  dissemination of such
information, provide access to the commissioner of the division of home-
land security and emergency services to such audits or reports regarding
such critical infrastructure provided, however, that  exclusive  custody
and  control  of  such  audits  and reports shall remain solely with the
owners and operators of such energy generating or  transmission  facili-
ties.  For  the purposes of this article, the term "critical infrastruc-
ture" has the meaning ascribed to  that  term  in  subdivision  five  of
section eighty-six of the public officers law.
  S 19. The public service law is amended by adding two new sections 5-a
and 5-c to read as follows:
  S  5-A. NATURAL DISASTER PREPAREDNESS. 1. EVERY UTILITY COMPANY, WIRE-
LESS COMMUNICATIONS SERVICE PROVIDER AND CABLE TELEVISION COMPANY  SHALL
FILE  A  NATURAL  DISASTER PREPAREDNESS PLAN WITH THE COMMISSION FOR ITS
APPROVAL, AND PERIODICALLY UPDATE SUCH PLAN AS SHALL BE PROVIDED FOR  BY
THE  COMMISSION.    EACH  SUCH PLAN AND UPDATE THEREOF SHALL SPECIFY THE
PERSONNEL AND RESOURCES THAT WILL BE UTILIZED IN THE EVENT OF  A  DISAS-
TER,  AND  VARIOUS ACTION PLANS TO BE UNDERTAKEN IN THE EVENT OF VARIOUS
TYPES OF NATURAL DISASTERS. UPON THE APPROVAL OF SUCH PLAN, THE  COMMIS-
SION SHALL FORWARD A COPY OF EACH SUCH PLAN TO THE DISASTER PREPAREDNESS
COMMISSION  AND  EACH OF THE APPROPRIATE LOCALITIES WHICH HAVE ADOPTED A
LOCAL COMPREHENSIVE EMERGENCY MANAGEMENT PLAN.
  2. THE  COMMISSION  MAY  ESTABLISH  INDUSTRY  SPECIFIC  STANDARDS  FOR
ACCEPTABLE PERFORMANCE OF EACH UTILITY, REQUIRED TO ESTABLISH AND FILE A
NATURAL  DISASTER  PREPAREDNESS PLAN PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, IN THE EVENT OF A NATURAL DISASTER TO PROTECT PUBLIC HEALTH AND
SAFETY OF ITS RATEPAYERS AND THE GENERAL PUBLIC, TO ENSURE THE RELIABIL-
ITY OF SUCH UTILITY'S SERVICES TO PREVENT AND  MINIMIZE  THE  NUMBER  OF
SERVICE  OUTAGES  OR  DISRUPTIONS,  AND  TO  REDUCE THE DURATION OF SUCH
OUTAGES AND DISRUPTIONS, AND TO FACILITATE RESTORATION OF SUCH  SERVICES
AFTER  SUCH  OUTAGES OR DISRUPTIONS. THE COMMISSION MAY UTILIZE, IN RATE
SETTING PROCEEDINGS, TO RECOVER THE REASONABLE COSTS INCURRED  TO  MAIN-
TAIN OR IMPROVE THE RESILIENCY OF THE UTILITY'S INFRASTRUCTURE NECESSARY
TO COMPLY WITH THE STANDARDS ESTABLISHED PURSUANT TO THIS SUBDIVISION.
  3. THE STANDARDS ESTABLISHED BY THE COMMISSION SHALL INCLUDE:
  (A)  THE  ESTABLISHMENT  OF A COMMUNICATIONS PLAN BETWEEN EACH UTILITY
AND ITS CUSTOMERS, INCLUDING DURING OTHER THAN NORMAL BUSINESS HOURS;
  (B) THE ESTABLISHMENT  OF  COMMUNICATION  AND  COORDINATION  PROTOCOLS
DEFINING  INTERACTIONS BETWEEN EACH UTILITY AND STATE, LOCAL AND PRIVATE
EMERGENCY MANAGEMENT ORGANIZATIONS, RELATING TO  EMERGENCY  PREPARATION,
ROADWAY CLEARING AND THE ESTABLISHMENT OF RESTORATION PRIORITIES; AND

A. 8390                            17

  (C)  ANY  OTHER  STANDARDS  FOR ACCEPTABLE PERFORMANCE BY A UTILITY TO
ENSURE THE RELIABILITY OF SERVICES BEFORE, DURING AND  AFTER  A  NATURAL
DISASTER, TO PREVENT AND MINIMIZE ANY SERVICE OUTAGES OR DISRUPTIONS.
  S  5-C.  NATURAL DISASTER PREPAREDNESS PLAN EVALUATION. THE COMMISSION
SHALL WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE  OCCURRENCE  OF  A  STATE
DISASTER  EMERGENCY  OR  A  LOCAL STATE OF EMERGENCY CAUSED BY A NATURAL
DISASTER, AND SUBJECT TO SUCH PUBLIC HEARINGS AS IT SHALL  DETERMINE  TO
BE  NECESSARY,  EVALUATE THE EFFECTIVENESS OF NATURAL DISASTER PREPARED-
NESS PLANS, ADOPTED PURSUANT TO SECTION FIVE-A OF  THIS  ARTICLE,  WHICH
WERE IMPLEMENTED DURING SUCH DISASTER. IN EVALUATING ALL SUCH PLANS, THE
REPORT OF THE COMMISSION SHALL CONSIDER:
  1.  THE  OVERALL  EFFECTIVENESS  OF EACH NATURAL DISASTER PREPAREDNESS
PLAN AND HOW IT INTERFACED WITH THE STATE EMERGENCY MANAGEMENT PLAN  AND
WITH  EACH  LOCAL  EMERGENCY  MANAGEMENT PLAN, AS SUCH PLANS RELATED TO:
MITIGATION OF THE LOSS OF HUMAN LIFE AND DAMAGE TO PROPERTY, RESCUE  AND
RESPONSE TIMES BY EMERGENCY RESPONDERS, ABILITY FOR EACH PLAN TO COORDI-
NATE ITS EFFORTS WITH ALL OTHER EMERGENCY MANAGEMENT PLANS, THE CAPACITY
OF  THE  PUBLIC  UTILITY TO EFFECTIVELY COMMUNICATE WITH STATE AND LOCAL
AGENCIES AND THE GENERAL PUBLIC, AND THE TIMELINESS OF  THE  RESTORATION
OF PUBLIC UTILITY SERVICES;
  2.  THE EFFECTIVENESS OF EACH PLAN TO SATISFY THE ARTICULATED GOALS OF
SUCH PLAN AS IT RELATES TO THE ANTICIPATED TIME IN WHICH PLAN WAS  ACTI-
VATED,  WHETHER SUCH PLAN SHOULD HAVE BEEN ACTIVATED AT AN EARLIER TIME,
OVERALL EMERGENCY RESPONSE AND UTILITY RESTORATION TIMES OF  THE  PUBLIC
UTILITY,  THE  EFFECTIVENESS  OF  THE  PERSONNEL COVERED UNDER SUCH PLAN
INCLUDING, BUT NOT LIMITED TO,  ADEQUATE  TRAINING  AND  PERFORMANCE  OF
ASSIGNED  TASKS  BY SUCH PERSONNEL, AND THE PROVISION OF NEEDED SUPPLIES
TO SUCH PERSONNEL; AND
  3. THE OVERALL STRENGTHS  AND  WEAKNESSES  OF  EACH  NATURAL  DISASTER
PREPAREDNESS  PLAN,  ITS  SHORTCOMINGS  AND ITEMS THAT COULD BE IMPROVED
UPON TO BETTER SATISFY THE ARTICULATED GOALS AND THE REQUIREMENTS ESTAB-
LISHED BY THE COMMISSION, AND MEANS TO  IMPROVE  THE  EFFECTIVENESS  AND
COOPERATIVE EFFORTS WITH OTHER EMERGENCY MANAGEMENT PLANS.
  S  20. The public health law is amended by adding a new section 2806-c
to read as follows:
  S 2806-C. NATURAL DISASTER PREPAREDNESS.  IN  CONJUNCTION  WITH  THEIR
DUTIES  PURSUANT  TO  SECTION TWENTY-THREE-B OF THE EXECUTIVE LAW, EVERY
HOSPITAL AND RESIDENTIAL HEALTH  CARE  FACILITY  SHALL  FILE  A  NATURAL
DISASTER PREPAREDNESS PLAN WITH THE COUNCIL FOR ITS APPROVAL, AND UPDATE
SUCH  PLAN  AS PROVIDED BY THE COUNCIL. EACH SUCH PLAN SHALL SPECIFY THE
PERSONNEL AND RESOURCES THAT WILL BE UTILIZED IN THE EVENT OF A  NATURAL
DISASTER,  AND  VARIOUS  ACTION  PLANS  TO BE UNDERTAKEN IN THE EVENT OF
VARIOUS TYPES OF NATURAL DISASTERS. EVERY DISASTER PREPAREDNESS PLAN AND
UPDATE THEREOF MAY PROVIDE FOR THE ACQUISITION AND OPERATION OF  SURVIV-
ABLE  BACK-UP GENERATORS OR ALTERNATIVE ENERGY SOURCES IN THE EVENT OF A
DISASTER. UPON THE APPROVAL OF A NATURAL DISASTER PREPAREDNESS PLAN  AND
UPON  EACH UPDATE THEREOF, THE COUNCIL SHALL FORWARD A COPY OF EACH SUCH
PLAN TO THE DISASTER PREPAREDNESS COMMISSION AND EACH OF THE APPROPRIATE
LOCALITIES WHICH HAVE ADOPTED A LOCAL COMPREHENSIVE EMERGENCY MANAGEMENT
PLAN.
  S 21. The chair of the disaster preparedness commission,  the  commis-
sioner  of  transportation, the commissioner of agriculture and markets,
the chairman of the public service commission, the state  fire  adminis-
trator  and the chair of the New York state energy research and develop-
ment authority shall jointly examine, evaluate and make  recommendations
concerning  the  costs and means of hardening buildings, infrastructure,

A. 8390                            18

public utility facilities, energy sources and health care facilities  to
ensure  their  continued  operation  before,  during and after a natural
disaster.   The findings and recommendations  of  such  group  shall  be
reported  to  the  governor  and  the legislature within one year of the
effective date of this act.
  S 22. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.