Senate Bill S5271B

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

                                  5271

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sens. AVELLA, CARLUCCI, SAVINO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Veter-
  ans, Homeland Security and Military Affairs

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10286-03-5

              

S. 5271                             2

thereto caused by any disaster and so as to facilitate  the  repair  and
restoration thereof after a disaster.
  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

S. 5271                             3

of  life  or  damage  to property as a result of an emergency, including
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 of part G of chapter 55 of the laws of 2012, 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,

S. 5271                             4

the secretary of state, the state fire administrator, the chair  of  the
public  service commission, the adjutant general, the office of informa-
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;

S. 5271                             5

  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;
  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;

S. 5271                             6

  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:
  (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

S. 5271                             7

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.
  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;

S. 5271                             8

  (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;
  (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, 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  SECTION  1.03  OF  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 state, PRIVATE AGENCY and local government
personnel and volunteers in disaster response operations;
  (10) providing information to the public;

S. 5271                             9

  (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
  (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-

S. 5271                            10

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;
  (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;

S. 5271                            11

  (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;
  (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

S. 5271                            12

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
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

S. 5271                            13

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
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

S. 5271                            14

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:
  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

S. 5271                            15

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:
  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

S. 5271                            16

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
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-

S. 5271                            17

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
  (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

S. 5271                            18

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,
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.

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

                                 5271--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sens.  AVELLA,  ADDABBO, CARLUCCI, KLEIN, SAVINO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Veterans,  Homeland  Security  and  Military Affairs --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third  reading, -- said bill committed to the
  Committee on Rules --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10286-05-5
              

S. 5271--A                          2

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.
  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.

S. 5271--A                          3

  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
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-

S. 5271--A                          4

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-
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

S. 5271--A                          5

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;
  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,

S. 5271--A                          6

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:
  (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

S. 5271--A                          7

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.
  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:

S. 5271--A                          8

  (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;
  (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

S. 5271--A                          9

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
  (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:

S. 5271--A                         10

  (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;
  (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;

S. 5271--A                         11

  (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 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. 5271--A                         12

  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
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

S. 5271--A                         13

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
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

S. 5271--A                         14

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:
  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

S. 5271--A                         15

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:
  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. 5271--A                         16

  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
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;

S. 5271--A                         17

  (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
  (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,

S. 5271--A                         18

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,
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.