S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7177
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 10, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, in  relation  to  public  safety  and
   requiring  the division of homeland security and emergency services to
   establish a statewide planning and mapping  system  for  the  schools,
   colleges and universities of the state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section 719 to
 read as follows:
   § 719. STATEWIDE CRITICAL INCIDENT MAPPING AND PLANNING SYSTEM.  1. TO
 THE EXTENT THAT FUNDS ARE MADE AVAILABLE, THE DIVISION OF HOMELAND SECU-
 RITY AND EMERGENCY SERVICES SHALL ESTABLISH  A  STATEWIDE  PLANNING  AND
 MAPPING  SYSTEM FOR THE PUBLIC AND PRIVATE SCHOOLS, COLLEGES AND UNIVER-
 SITIES IN THIS STATE FOR USE BY RESPONSE AGENCIES  THAT  ARE  CALLED  TO
 RESPOND TO AN ACT OF TERRORISM, CRIMINAL ATTACK, OR RELATED EMERGENCY.
   2.  THE  STATEWIDE  PLANNING  AND MAPPING SYSTEM MUST INCLUDE, WITHOUT
 LIMITATION:
   A. THE TYPE OF INFORMATION THAT MUST BE INCLUDED WITHIN  THE  SOFTWARE
 PROGRAM  THAT COMPRISES THE SYSTEM, INCLUDING, WITHOUT LIMITATION, FLOOR
 PLANS, FIRE PROTECTION INFORMATION, BUILDING EVACUATION  PLANS,  UTILITY
 INFORMATION,  KNOWN HAZARDS, AND INFORMATION ON HOW TO CONTACT EMERGENCY
 PERSONNEL;
   B. THE MANNER BY WHICH INFORMATION PRESCRIBED PURSUANT TO PARAGRAPH  A
 OF  THIS  SUBDIVISION  MUST  BE TRANSFERRED TO THE SYSTEM FROM THE STATE
 AGENCIES AND THE POLITICAL SUBDIVISIONS THAT PARTICIPATE IN THE SYSTEM;
   C. STANDARDS FOR THE SOFTWARE THAT MUST BE USED BY STATE AGENCIES  AND
 POLITICAL SUBDIVISIONS THAT PARTICIPATE IN THE SYSTEM;
   D. CONDITIONS FOR USE OF THE SYSTEM BY RESPONSE AGENCIES;
   E.  GUIDELINES FOR (I) THE ACCESSIBILITY AND CONFIDENTIALITY OF INFOR-
 MATION CONTAINED WITHIN THE  SYSTEM;  AND  (II)  THE  INCORPORATION,  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11094-01-9

 A. 7177                             2
 
 CONNECTION  WITH  THE USE OF THE SYSTEM, OF THE ITEMS DESCRIBED IN PARA-
 GRAPH B OF SUBDIVISION THREE OF THIS SECTION;
   F.  A  LIST  OF  PRIORITY,  DETERMINED  IN ACCORDANCE WITH INFORMATION
 OBTAINED BY THE DIVISION OF HOMELAND SECURITY  AND  EMERGENCY  SERVICES,
 FOR  THE  DISTRIBUTION  OF ANY MONEY THAT MAY BE AVAILABLE FOR THE STATE
 AGENCIES AND POLITICAL SUBDIVISIONS TO PARTICIPATE IN THE SYSTEM; AND
   G. GUIDELINES RECOMMENDED BY THE DIVISION  OF  HOMELAND  SECURITY  AND
 EMERGENCY  SERVICES  FOR  THE  TRAINING  OF PERSONS EMPLOYED BY RESPONSE
 AGENCIES CONCERNING THE USE OF THE SYSTEM.
   3. TO THE EXTENT MONEY IS MADE AVAILABLE, THE STATE AGENCIES AND POLI-
 TICAL SUBDIVISIONS SHALL:
   A. PARTICIPATE IN THE STATEWIDE PLANNING AND MAPPING SYSTEM; AND
   B. INCORPORATE INTO THEIR USE OF THE SYSTEM, WITHOUT LIMITATION:
   (I) EVACUATION ROUTES AND STRATEGIES FOR EVACUATION;
   (II) ALARMS AND OTHER SIGNALS OR MEANS OF NOTIFICATION;
   (III) PLANS FOR SHELTERING IN PLACE; AND
   (IV) TRAINING AND STRATEGIES FOR PREVENTION IN CONNECTION WITH ATTACKS
 INVOLVING VIOLENCE.
   IF A STATE AGENCY OR POLITICAL SUBDIVISION USES ITS OWN  PLANNING  AND
 MAPPING  SYSTEM  BEFORE  THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
 SERVICES ESTABLISHES A STATEWIDE PLANNING AND MAPPING SYSTEM, THE  STATE
 AGENCY  OR  POLITICAL  SUBDIVISION MAY CONTINUE TO USE ITS SYSTEM UNLESS
 MONEY IS MADE AVAILABLE FOR THE STATE AGENCY OR POLITICAL SUBDIVISION TO
 UPDATE OR MODIFY ITS SYSTEM AS NECESSARY FOR INCLUSION IN THE  STATEWIDE
 SYSTEM.
   4.  THE  DIVISION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES SHALL
 PURSUE ANY MONEY THAT MAY BE AVAILABLE FROM THE FEDERAL  GOVERNMENT  FOR
 THE DEVELOPMENT AND OPERATION OF A STATEWIDE PLANNING AND MAPPING SYSTEM
 FOR  PUBLIC  AND  PRIVATE SCHOOLS, COLLEGES AND UNIVERSITIES AND FOR THE
 DISTRIBUTION OF GRANTS TO THE STATE AGENCIES AND POLITICAL  SUBDIVISIONS
 THAT  PARTICIPATE  IN  THE SYSTEM. THE DIVISION OF HOMELAND SECURITY AND
 EMERGENCY SERVICES MAY ACCEPT GIFTS, GRANTS, AND OTHER CONTRIBUTIONS FOR
 THE DEVELOPMENT AND  OPERATION  OF  A  STATEWIDE  PLANNING  AND  MAPPING
 SYSTEM.
   5.  EACH  STATE  AGENCY AND POLITICAL SUBDIVISION THAT PARTICIPATES IN
 THE SYSTEM SHALL, ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-ONE,  AND
 ON  OR BEFORE JULY FIRST EACH YEAR THEREAFTER, SUBMIT TO THE DIVISION OF
 HOMELAND SECURITY AND  EMERGENCY  SERVICES  A  PROGRESS  REPORT  SETTING
 FORTH, IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE DIVISION, THE EXPE-
 RIENCE  OF  THE  AGENCY  OR  POLITICAL  SUBDIVISION, AS APPLICABLE, WITH
 RESPECT TO ITS PARTICIPATION IN THE SYSTEM.  THE  DIVISION  OF  HOMELAND
 SECURITY  AND EMERGENCY SERVICES SHALL RECEIVE AND PROCESS SUCH PROGRESS
 REPORTS AND PROVIDE TO THE LEGISLATURE  A  SUMMARIZED  OVERVIEW  OF  THE
 SYSTEM  ON  OR  BEFORE  OCTOBER FIRST, TWO THOUSAND TWENTY-ONE, AND EACH
 OCTOBER FIRST THEREAFTER.
   6. AFTER THE STATEWIDE PLANNING  AND  MAPPING  SYSTEM  IS  ESTABLISHED
 PURSUANT  TO  THIS  SECTION, EACH STATE AGENCY AND POLITICAL SUBDIVISION
 THAT PARTICIPATES IN THE SYSTEM SHALL SUBMIT TO THE DIVISION OF HOMELAND
 SECURITY AND EMERGENCY SERVICES ANY INITIAL OR FINAL PLAN FOR  A  PUBLIC
 WORK PROJECT.
   7. AS USED IN THIS SECTION:
   A.  "ACT  OF  TERRORISM"  SHALL  HAVE  THE  SAME MEANING AS DEFINED IN
 SECTION 490.05 OF THE PENAL LAW.
   B.  "CRIMINAL ATTACK" SHALL MEAN ANY VIOLENT FELONY OFFENSE AS DEFINED
 BY SECTION 70.02 OF THE PENAL  LAW,  COMMITTED  AGAINST  MORE  THAN  TWO
 PERSONS AT A PUBLIC OR PRIVATE SCHOOL.

 A. 7177                             3
 
   C.  "POLITICAL  SUBDIVISION"  MEANS  ANY  COUNTY, CITY, TOWN, VILLAGE,
 SPECIAL DISTRICT OR SCHOOL DISTRICT.
   D.  "RESPONSE  AGENCY" MEANS THE DEPARTMENTS OF FIRE, POLICE, ENVIRON-
 MENTAL PROTECTION, HEALTH, TRANSPORTATION AND SANITATION, AND THE  DIVI-
 SION  OF  EMERGENCY  MEDICAL SERVICES OF THE HEALTH AND HOSPITALS CORPO-
 RATION.
   E. "SHELTERING IN PLACE" MEANS TO  REMAIN  INSIDE  A  BUILDING,  ROOM,
 STRUCTURE,  OR  OTHER  LOCATION  DURING  AN EMERGENCY WHEN EGRESS MAY BE
 IMPOSSIBLE OR WHEN EGRESS MAY  PRESENT  A  MORE  SUBSTANTIAL  RISK  THAN
 REMAINING INSIDE THE BUILDING, ROOM, STRUCTURE, OR OTHER LOCATION.
   § 2. This act shall take effect immediately.