S T A T E O F N E W Y O R K
________________________________________________________________________
5304
2017-2018 Regular Sessions
I N S E N A T E
March 20, 2017
___________
Introduced by Sen. CROCI -- (at request of the Division of Homeland
Security and Emergency Services) -- read twice and ordered printed,
and when printed to be committed to the Committee on Veterans, Home-
land Security and Military Affairs
AN ACT to amend the executive law, in relation to improving state disas-
ter preparedness, response and recovery capabilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law, is amended by adding a new section 29-l
to read as follows:
§ 29-L. NORTHERN EMERGENCY MANAGEMENT ASSISTANCE COMPACT. 1. THE STATE
AND PROVINCE EMERGENCY MANAGEMENT ASSISTANCE MEMORANDUM OF UNDERSTAND-
ING, HEREINAFTER REFERRED TO AS THE "COMPACT", IS MADE AND ENTERED INTO
BY AND AMONG SUCH OF THE JURISDICTIONS AS SHALL ENACT OR ADOPT THIS
COMPACT, HEREINAFTER REFERRED TO AS "PARTICIPATING JURISDICTIONS". FOR
THE PURPOSES OF THIS COMPACT, THE TERM "JURISDICTIONS" MAY INCLUDE ANY
OR ALL OF THE STATES OF ILLINOIS, INDIANA, OHIO, MICHIGAN, MINNESOTA,
MONTANA, NORTH DAKOTA, PENNSYLVANIA, NEW YORK, AND WISCONSIN, AND THE
CANADIAN PROVINCES OF ALBERTA, MANITOBA, ONTARIO, AND SASKATCHEWAN, AND
SUCH OTHER STATES AND PROVINCES AS MAY HEREAFTER BECOME A PARTY TO THIS
COMPACT. THE TERM "STATES" MEANS THE SEVERAL STATES, THE COMMONWEALTH OF
PUERTO RICO, THE DISTRICT OF COLUMBIA, AND ALL TERRITORIAL POSSESSIONS
OF THE UNITED STATES. THE TERM "PROVINCE" MEANS THE TEN POLITICAL UNITS
OF GOVERNMENT WITHIN CANADA.
THE PURPOSE OF THIS COMPACT IS TO PROVIDE FOR THE POSSIBILITY OF MUTU-
AL ASSISTANCE AMONG THE PARTICIPATING JURISDICTIONS IN MANAGING ANY
EMERGENCY OR DISASTER WHEN THE AFFECTED JURISDICTION OR JURISDICTIONS
ASK FOR ASSISTANCE, WHETHER ARISING FROM NATURAL DISASTER, TECHNOLOGICAL
HAZARD, MAN-MADE DISASTER OR CIVIL EMERGENCY ASPECTS OF RESOURCES SHORT-
AGES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10156-01-7
S. 5304 2
THIS COMPACT ALSO PROVIDES FOR THE PROCESS OF PLANNING MECHANISMS
AMONG THE AGENCIES RESPONSIBLE AND FOR MUTUAL COOPERATION, INCLUDING
CIVIL EMERGENCY PREPAREDNESS EXERCISES, TESTING, OR OTHER TRAINING
ACTIVITIES USING EQUIPMENT AND PERSONNEL SIMULATING PERFORMANCE OF ANY
ASPECT OF THE GIVING AND RECEIVING OF AID BY PARTICIPATING JURISDICTIONS
OR SUBDIVISIONS OF PARTICIPATING JURISDICTIONS DURING EMERGENCIES, WITH
SUCH ACTIONS OCCURRING OUTSIDE EMERGENCY PERIODS.
2. EACH PARTICIPATING JURISDICTION ENTERING INTO THIS COMPACT RECOG-
NIZES THAT MANY EMERGENCIES MAY EXCEED THE CAPABILITIES OF A PARTICIPAT-
ING JURISDICTION AND THAT INTERGOVERNMENTAL COOPERATION IS ESSENTIAL IN
SUCH CIRCUMSTANCES. EACH PARTICIPATING JURISDICTION FURTHER RECOGNIZES
THAT THERE WILL BE EMERGENCIES THAT MAY REQUIRE IMMEDIATE ACCESS AND
PRESENT PROCEDURES TO APPLY OUTSIDE RESOURCES TO MAKE A PROMPT AND
EFFECTIVE RESPONSE TO SUCH AN EMERGENCY BECAUSE FEW, IF ANY, INDIVIDUAL
JURISDICTIONS HAVE ALL THE RESOURCES THEY NEED IN ALL TYPES OF EMERGEN-
CIES OR THE CAPABILITY OF DELIVERING RESOURCES TO AREAS, WHERE EMERGEN-
CIES EXIST.
ON BEHALF OF THE PARTICIPATING JURISDICTIONS IN THE COMPACT, THE
LEGALLY DESIGNATED OFFICIAL WHO IS ASSIGNED RESPONSIBILITY FOR EMERGENCY
MANAGEMENT IS RESPONSIBLE FOR FORMULATION OF THE APPROPRIATE INTER-JUR-
ISDICTIONAL MUTUAL AID PLANS AND PROCEDURES NECESSARY TO IMPLEMENT THIS
COMPACT, AND FOR RECOMMENDATIONS TO THE PARTICIPATING JURISDICTION
CONCERNED WITH RESPECT TO THE AMENDMENT OF ANY STATUTES, REGULATIONS, OR
ORDINANCES REQUIRED FOR THAT PURPOSE.
3. (A) IT IS THE RESPONSIBILITY OF EACH PARTICIPATING JURISDICTION TO
FORMULATE PROCEDURAL PLANS AND PROGRAMS FOR INTER-JURISDICTIONAL COOPER-
ATION IN THE PERFORMANCE OF THE RESPONSIBILITIES LISTED IN THIS SECTION.
IN FORMULATING AND IMPLEMENTING SUCH PLANS AND PROGRAMS THE PARTICIPAT-
ING JURISDICTIONS, TO THE EXTENT PRACTICAL, MAY:
(1) SHARE AND REVIEW INDIVIDUAL JURISDICTION HAZARDS ANALYSES THAT ARE
AVAILABLE AND DETERMINE ALL THOSE POTENTIAL EMERGENCIES THE PARTICIPAT-
ING JURISDICTIONS MIGHT JOINTLY SUFFER, WHETHER DUE TO NATURAL DISASTER,
TECHNOLOGICAL HAZARD, MAN-MADE DISASTER OR EMERGENCY ASPECTS OF RESOURCE
SHORTAGES;
(2) SHARE EMERGENCY OPERATIONS PLANS, PROCEDURES, AND PROTOCOLS ESTAB-
LISHED BY EACH OF THE PARTICIPATING JURISDICTIONS BEFORE ENTERING INTO
THIS COMPACT;
(3) SHARE POLICIES AND PROCEDURES FOR RESOURCE MOBILIZATION, TRACKING,
DEMOBILIZATION, AND REIMBURSEMENT;
(4) CONSIDER JOINT PLANNING, TRAINING, AND EXERCISES;
(5) ASSIST WITH ALERTS, NOTIFICATIONS, AND WARNINGS FOR COMMUNITIES
ADJACENT TO OR CROSSING PARTICIPATING JURISDICTION BOUNDARIES;
(6) CONSIDER PROCEDURES TO FACILITATE THE MOVEMENT OF EVACUEES, REFU-
GEES, CIVIL EMERGENCY PERSONNEL, EQUIPMENT, OR OTHER RESOURCES INTO OR
ACROSS BOUNDARIES, OR TO A DESIGNATED STAGING AREA WHEN IT IS AGREED
THAT SUCH MOVEMENT OR STAGING WILL FACILITATE CIVIL EMERGENCY OPERATIONS
BY THE AFFECTED OR PARTICIPATING JURISDICTIONS; AND
(7) PROVIDE, TO THE EXTENT AUTHORIZED BY LAW, FOR TEMPORARY SUSPENSION
OF ANY STATUTES OR ORDINANCES THAT IMPEDED THE IMPLEMENTATION OF RESPON-
SIBILITIES DESCRIBED IN THIS SECTION.
(B) THE AUTHORIZED REPRESENTATIVE OF A PARTICIPATING JURISDICTION MAY
REQUEST ASSISTANCE OF ANOTHER PARTICIPATING JURISDICTION BY CONTACTING
THE AUTHORIZED REPRESENTATIVE OF THAT JURISDICTION. THESE PROVISIONS
ONLY APPLY TO REQUESTS FOR ASSISTANCE MADE BY AND TO AUTHORIZED REPRE-
SENTATIVES. REQUESTS MAY BE VERBAL OR IN WRITING. IF VERBAL, THE REQUEST
S. 5304 3
MUST BE CONFIRMED IN WRITING WITHIN FIFTEEN DAYS OF A VERBAL REQUEST.
REQUESTS MUST PROVIDE THE FOLLOWING INFORMATION:
(1) A DESCRIPTION OF THE EMERGENCY SERVICE FUNCTION FOR WHICH ASSIST-
ANCE IS NEEDED AND OF THE MISSION OR MISSIONS, INCLUDING BUT NOT LIMITED
TO FIRE SERVICES, EMERGENCY MEDICAL, TRANSPORTATION, COMMUNICATIONS,
PUBLIC WORKS AND ENGINEERING, BUILDING INSPECTION, PLANNING AND INFORMA-
TION ASSISTANCE, MASS CARE, RESOURCE SUPPORT, HEALTH AND MEDICAL
SERVICES, AND SEARCH AND RESCUE.
(2) THE AMOUNT AND TYPE OF PERSONNEL, EQUIPMENT, MATERIALS, AND
SUPPLIES NEEDED AND A REASONABLE ESTIMATE OF THE LENGTH OF TIME THEY
WILL BE NEEDED.
(3) THE SPECIFIC PLACE AND TIME FOR STAGING OF THE ASSISTING PARTIC-
IPATING JURISDICTION'S RESPONSE AND A POINT OF CONTACT AT THE LOCATION.
(C) THERE SHALL BE PERIODIC CONSULTATION AMONG THE AUTHORIZED REPRE-
SENTATIVES WHO HAVE ASSIGNED EMERGENCY MANAGEMENT RESPONSIBILITIES.
4. IT IS RECOGNIZED THAT ANY PARTICIPATING JURISDICTION THAT AGREES TO
RENDER MUTUAL AID OR CONDUCT EXERCISES AND TRAINING FOR MUTUAL AID WILL
RESPOND AS SOON AS POSSIBLE. IT IS ALSO RECOGNIZED THAT THE PARTICIPAT-
ING JURISDICTION RENDERING AID MAY WITHHOLD OR RECALL RESOURCES TO
PROVIDE REASONABLE PROTECTION FOR ITSELF, AT ITS DISCRETION. TO THE
EXTENT AUTHORIZED BY LAW, EACH PARTICIPATING JURISDICTION WILL AFFORD TO
THE PERSONNEL OF THE EMERGENCY CONTINGENT OF ANY OTHER PARTICIPATING
JURISDICTION WHILE OPERATING WITHIN ITS JURISDICTION LIMITS UNDER THE
TERMS AND CONDITIONS OF THIS AGREEMENT AND UNDER THE OPERATIONAL CONTROL
OF AN OFFICER OF THE REQUESTING PARTICIPATING JURISDICTION THE SAME
TREATMENT AS IS AFFORDED SIMILAR OR LIKE HUMAN RESOURCES OF THE PARTIC-
IPATING JURISDICTION IN WHICH THEY ARE PERFORMING EMERGENCY SERVICES.
STAFF COMPRISING THE EMERGENCY CONTINGENT CONTINUE UNDER THE COMMAND AND
CONTROL OF THEIR REGULAR LEADERS BUT THE ORGANIZATIONAL UNITS COME UNDER
THE OPERATIONAL CONTROL OF THE EMERGENCY SERVICES AUTHORITIES OF THE
PARTICIPATION OF JURISDICTION RECEIVING ASSISTANCE. CONDITIONS MAY BE
ACTIVATED, AS NEEDED, BY THE PARTICIPATING JURISDICTION THAT IS TO
RECEIVE ASSISTANCE OR UPON COMMENCEMENT OF EXERCISES OR TRAINING FOR
MUTUAL AID AND CONTINUE AS LONG AS THE EXERCISES OR TRAINING FOR MUTUAL
AID ARE IN PROGRESS, THE EMERGENCY OR DISASTER REMAINS IN EFFECT OR
LOANED RESOURCES REMAIN IN THE RECEIVING PARTICIPATING JURISDICTIONS,
WHICHEVER IS LONGER. THE RECEIVING PARTICIPATING JURISDICTION IS RESPON-
SIBLE FOR INFORMING THE ASSISTING PARTICIPATING JURISDICTION WHEN
SERVICES WILL NO LONGER BE REQUIRED.
5. WHENEVER A PERSON HOLDS A LICENSE, CERTIFICATE, OR OTHER PERMIT
ISSUED BY ANY PARTICIPATING JURISDICTION EVIDENCING THE MEETING OF QUAL-
IFICATIONS FOR PROFESSIONAL, MECHANICAL, OR OTHER SKILLS, AND WHEN SUCH
ASSISTANCE IS REQUESTED BY THE RECEIVING PARTICIPATING JURISDICTION,
SUCH PERSON IS DEEMED TO BE LICENSED, CERTIFIED, OR PERMITTED BY THE
JURISDICTION REQUESTING ASSISTANCE TO RENDER AID INVOLVING SUCH SKILL TO
MEET AN EMERGENCY OR DISASTER, SUBJECT TO SUCH LIMITATIONS AND CONDI-
TIONS AS THE REQUESTING JURISDICTION PRESCRIBES BY EXECUTIVE ORDER OR
OTHERWISE.
6. ANY PERSON OR ENTITY OF A PARTICIPATING JURISDICTION RENDERING AID
IN ANOTHER JURISDICTION PURSUANT TO THIS COMPACT IS CONSIDERED AN AGENT
OF THE REQUESTING JURISDICTION FOR TORT LIABILITY AND IMMUNITY PURPOSES.
ANY PERSON OR ENTITY RENDERING AID IN ANOTHER JURISDICTION PURSUANT TO
THIS COMPACT IS NOT LIABLE ON ACCOUNT OF ANY ACT OR OMISSION IN GOOD
FAITH ON THE PART OF SUCH FORCES WHILE SO ENGAGED OR ON ACCOUNT OF THE
MAINTENANCE OR USE OF ANY EQUIPMENT OR SUPPLIES IN CONNECTION THEREWITH.
S. 5304 4
GOOD FAITH IN THIS ARTICLE DOES NOT INCLUDE WILLFUL MISCONDUCT, GROSS
NEGLIGENCE, OR RECKLESSNESS.
7. BECAUSE IT IS PROBABLE THAT THE PATTERN AND DETAIL OF THE COMPACT
FOR MUTUAL AID AMONG TWO OR MORE PARTICIPATING JURISDICTIONS MAY DIFFER
FROM THAT AMONG THE PARTICIPATING JURISDICTIONS THAT ARE PARTY TO THIS
COMPACT, THIS COMPACT CONTAINS ELEMENTS OF A BROAD BASE COMMON TO ALL
PARTICIPATING JURISDICTIONS, AND NOTHING IN THIS COMPACT PRECLUDES ANY
PARTICIPATING JURISDICTION FROM ENTERING INTO SUPPLEMENTARY AGREEMENTS
WITH ANOTHER JURISDICTION OR AFFECTS ANY OTHER AGREEMENTS ALREADY IN
FORCE AMONG PARTICIPATING JURISDICTIONS.
SUPPLEMENTARY AGREEMENTS MAY INCLUDE, BUT ARE NOT LIMITED TO,
PROVISIONS FOR EVACUATION AND RECEPTION OF INJURED AND OTHER PERSONS AND
THE EXCHANGE OF MEDICAL, FIRE, PUBLIC UTILITY, RECONNAISSANCE, WELFARE,
TRANSPORTATION AND COMMUNICATIONS PERSONNEL, EQUIPMENT AND SUPPLIES.
8. EACH PARTICIPATING JURISDICTION SHALL PROVIDE, IN ACCORDANCE WITH
ITS OWN LAWS, FOR THE PAYMENT OF WORKERS' COMPENSATION AND DEATH BENE-
FITS TO INJURED MEMBERS OF THE EMERGENCY CONTINGENT OF THAT PARTICIPAT-
ING JURISDICTION AND TO REPRESENTATIVES OF DECEASED MEMBERS OF THOSE
FORCES IF THE MEMBERS SUSTAIN INJURIES OR ARE KILLED WHILE RENDERING AID
PURSUANT TO THIS COMPACT, IN THE SAME MANNER AND ON THE SAME TERMS AS IF
THE INJURY OR DEATH WERE SUSTAINED WITHIN THEIR OWN JURISDICTION.
9. ANY PARTICIPATING JURISDICTION RENDERING AID ANOTHER JURISDICTION
PURSUANT TO THIS COMPACT SHALL, IF REQUESTED, BE REIMBURSED BY THE
PARTICIPATING JURISDICTION RECEIVING SUCH AID FOR ANY LOSS OR DAMAGE TO,
OR EXPENSE INCURRED IN, THE OPERATION OF ANY EQUIPMENT AND THE PROVISION
OF ANY SERVICE IN ANSWERING A REQUEST FOR AID AND FOR THE COSTS INCURRED
IN CONNECTION WITH THOSE REQUESTS. AN AIDING PARTICIPATING JURISDICTION
MAY ASSUME IN WHOLE OR IN PART ANY SUCH LOSS, DAMAGE, EXPENSE, OR OTHER
COST OR MAY LOAN SUCH EQUIPMENT OR DONATE SUCH SERVICES TO THE RECEIVING
PARTICIPATING JURISDICTION WITHOUT CHARGE OR COST. ANY TWO OR MORE
PARTICIPATING JURISDICTIONS MAY ENTER INTO SUPPLEMENTARY AGREEMENTS
ESTABLISHING A DIFFERENT ALLOCATION OF COSTS AMONG THOSE JURISDICTIONS.
EXPENSES UNDER SUBDIVISION EIGHT OF THIS SECTION ARE NOT REIMBURSABLE
UNDER THIS SUBDIVISION.
10. (A) THIS COMPACT IS EFFECTIVE UPON ITS EXECUTION OR ADOPTION BY
ANY ONE STATE AND ONE PROVINCE, AND IS EFFECTIVE AS TO ANY OTHER JURIS-
DICTION UPON ITS EXECUTION OR ADOPTION THEREBY, AND SUBJECT TO ENACTMENT
OF PROVINCIAL OR STATE LEGISLATION THAT MAY BE REQUIRED FOR THE EFFEC-
TIVENESS OF THE MEMORANDUM OF UNDERSTANDING. THIS COMPACT HAS BEEN
AUTHORIZED AND APPROVED BY THE UNITED STATES CONGRESS BY S.J. RES. 44
(JUNE 14, 2014).
(B) ADDITIONAL JURISDICTIONS MAY PARTICIPATE IN THIS COMPACT UPON
EXECUTION OR ADOPTION THEREOF.
(C) ANY PARTICIPATING JURISDICTION MAY WITHDRAW FROM THIS COMPACT, BUT
THE WITHDRAWAL DOES NOT TAKE EFFECT UNTIL THIRTY DAYS AFTER THE GOVERNOR
OR PREMIER OF THE WITHDRAWING JURISDICTION HAS GIVEN NOTICE IN WRITING
OF SUCH WITHDRAWAL TO THE GOVERNORS OR PREMIERS OF ALL OTHER PARTICIPAT-
ING JURISDICTIONS. THE ACTION DOES NOT RELIEVE THE WITHDRAWING JURISDIC-
TION FROM OBLIGATIONS ASSUMED UNDER THIS COMPACT PRIOR TO THE EFFECTIVE
DATE OF WITHDRAWAL.
(D) DULY AUTHENTICATED COPIES OF THIS COMPACT IN THE FRENCH AND
ENGLISH LANGUAGES AND OF SUCH SUPPLEMENTARY AGREEMENTS AS MAY BE ENTERED
INTO SHALL, AT THE TIME OF THEIR APPROVAL, BE DEPOSITED WITH EACH OF THE
PARTICIPATING JURISDICTIONS.
11. THIS COMPACT IS CONSTRUED TO EFFECTUATE THE PURPOSES STATED IN
SUBDIVISION ONE OF THIS SECTION. IF ANY PROVISION OF THIS COMPACT IS
S. 5304 5
DECLARED UNCONSTITUTIONAL OR THE APPLICABILITY OF THE COMPACT TO ANY
PERSON OR CIRCUMSTANCES IS HELD INVALID, THE VALIDITY OF THE REMAINDER
OF THIS COMPACT AND THE APPLICABILITY OF THE COMPACT TO OTHER PERSONS
AND CIRCUMSTANCES ARE NOT AFFECTED.
12. THE VALIDITY OF THE ARRANGEMENTS AND AGREEMENTS CONSENTED TO IN
THIS COMPACT SHALL NOT BE AFFECTED BY ANY INSUBSTANTIAL DIFFERENCE IN
FORM OR LANGUAGE AS MANY BE ADOPTED BY THE VARIOUS STATES AND PROVINCES.
§ 2. This act shall take effect immediately; provided that the gover-
nor shall notify the legislative bill drafting commission upon the
occurrence of the enactment of the legislation provided for in section
one of this act in order that the commission may maintain an accurate
and timely effective data base of the official text of the laws of the
state of New York in furtherance of effectuating the provisions of
section 44 of the legislative law and section 70-b of the public offi-
cers law.
