S T A T E O F N E W Y O R K
________________________________________________________________________
8458
2015-2016 Regular Sessions
I N A S S E M B L Y
October 9, 2015
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to public safety and
requiring the division of homeland security and emergency services 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 719 to
read as follows:
S 719. 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;
E. GUIDELINES FOR (I) THE ACCESSIBILITY AND CONFIDENTIALITY OF INFOR-
MATION CONTAINED WITHIN THE SYSTEM; AND (II) THE INCORPORATION, IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03580-01-5
A. 8458 2
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 SEVENTEEN, 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 SEVENTEEN, AND EACH
OCTOBER 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.
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.
A. 8458 3
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.