§ 29-h. Intrastate mutual aid program. 1. Creation. There is hereby
created the intrastate mutual aid program to complement existing mutual
aid agreements in the event of a disaster that results in a formal
declaration of an emergency by a participating local government. All
local governments within the state, excepting those which affirmatively
choose not to participate in accordance with subdivision four of this
section, are deemed to be participants in the program; provided,
however, with respect to school districts and boards of cooperative
educational services, such participation shall be limited to the sharing
of facilities management and administrative personnel and equipment.

2. Definitions. As used in this section, the following terms shall
have the following meanings:

a. "Employee" means any person holding a position by election,
appointment, or employment by a local government;

b. "Local government" means any county, city, town, village, school
district or board of cooperative educational services of the state;

c. "Local emergency management director" means the local government
official responsible for emergency preparedness, response and recovery;

d. "Requesting local government" means the local government that asks
another local government for assistance during a declared emergency, or
for the purposes of conducting training, or undertaking a drill or
exercise;

e. "Assisting local government" means one or more local governments
that provide assistance pursuant to a request for assistance from a
requesting local government during a declared emergency, or for the
purposes of conducting training, or undertaking a drill or exercise;

f. "Disaster" shall have the same meaning as in section twenty of this
article;

g. "School district" shall have the same meaning as in title two of
the education law, including any public school district and any special
act school district as defined in section four thousand one of the
education law; and

h. "Board of cooperative educational services" shall have the same
meaning as in section nineteen hundred fifty of the education law.

3. Intrastate mutual aid program committee established; meetings;
powers and duties. a. There is hereby created within the disaster
preparedness commission an intrastate mutual aid program committee, for
purposes of this section to be referred to as the committee, which shall
be chaired by the commissioner of the division of homeland security and
emergency services, and shall include the state fire administrator, the
commissioner of health, the commissioner of education and the
commissioner of agriculture and markets, provided that each such
official may appoint a designee to serve in his or her place on the
committee. The committee shall also include five representatives from
local public safety or emergency response agencies and one
representative from a school district or board of cooperative
educational services. Such representatives, who shall serve a maximum
two-year term, shall be appointed by the commissioner of the division of
homeland security and emergency services, with regard to a balance of
geographic representation and discipline expertise.

b. The committee, on the 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.

c. The committee shall have the following powers and responsibilities:

(1) to promulgate rules and regulations, acting through the division
of homeland security and emergency services, to implement the intrastate
mutual aid program as described in this section;

(2) to develop policies, procedures and guidelines associated with the
program, including a process for the reimbursement of assisting local
governments by requesting local governments;

(3) to evaluate the use of the intrastate mutual aid program;

(4) to examine issues facing participating local governments regarding
the implementation of the intrastate mutual aid program; and

(5) to prepare reports to the disaster preparedness commission
discussing the effectiveness of mutual aid in the state and making
recommendations for improving the efficacy of the system, if
appropriate.

4. Local government participation in the intrastate mutual aid
program. a. A local government may elect not to participate in the
intrastate mutual aid program, or to withdraw from the program, by its
governing body enacting a resolution declaring that it elects not to
participate in the program and providing such resolution to the division
of homeland security and emergency services. Participation in the
program will continue until a copy of such resolution is received and
confirmed by the division of homeland security and emergency services.

b. A local government that has declined to participate in the program
may, acting by resolution through its governing body and providing a
copy of the resolution to the division of homeland security and
emergency services, elect to participate in the program.

c. Nothing in this section shall preclude a local government from
entering into mutual aid agreements with other local governments or
other entities with terms that supplement or differ from the provisions
of this section.

d. Nothing in this section shall affect any other agreement to which a
local government may currently be a party, or later enter into,
including, but not limited to, the state fire mobilization and mutual
aid plan.

5. Fire related resources. Notwithstanding the authority vested
pursuant to this section, all fire related resources shall be
administered pursuant to section two hundred nine-e of the general
municipal law.

6. Requesting assistance under the intrastate mutual aid program. a.
Subject to the restrictions on school districts and boards of
cooperative educational services set forth in subdivision one of this
section, the state or a participating local government may request
assistance of other participating local governments in preventing,
mitigating, responding to and recovering from disasters that result in
the declaration of a state disaster emergency or locally-declared
emergencies, or for the purpose of conducting multi-jurisdictional or
regional training, drills or exercises. Requests for assistance may be
made verbally or in writing; verbal requests shall be memorialized in
writing as soon thereafter as is practicable. Notwithstanding the
provisions of section twenty-five of this article, the local emergency
management director shall have the authority to request and accept
assistance and deploy the local resources of his or her jurisdiction
under the intrastate mutual aid program. The director of the state
office of emergency management is authorized to request and accept
assistance pursuant to this section.

b. Once an emergency is declared at the county level, all requests and
offers for assistance, to the extent practical, shall be made through
the county emergency management office, or in the case of the city of
New York, through the city emergency management office. All requests for
assistance should include:

(1) a description of the disaster;

(2) a description of the assistance needed;

(3) a description of the mission for which assistance is requested;

(4) an estimate of the length of time the assistance will be needed;

(5) the specific place and time for staging of the assistance and a
point of contact at that location; and

(6) any other information that will enable an assisting local
government to respond appropriately to the request.

c. Assisting local governments shall submit to the state or requesting
local government an inventory of the resources being deployed.

d. The written request for assistance and all inventories of resources
being deployed shall be submitted to the division of homeland security
and emergency services within three calendar days of the request for or
deployment of such resources.

7. Division of homeland security and emergency services
responsibilities under the intrastate mutual aid program. The division
of homeland security and emergency services shall provide notification
by mail to each local government with a comprehensive description of the
intrastate mutual aid program, including a statement that all local
governments are participants of the program unless they expressly opt
out pursuant to subdivision four of this section; maintain a current
list of participating local governments with their authorized
representatives and contact information, and provide a copy of the list
to each of the participating local governments on an annual basis during
the second quarter of each calendar year; monitor and report to the
intrastate mutual aid program committee on the use of the intrastate
mutual aid program; coordinate the provision of mutual aid resources in
accordance with the comprehensive emergency management plan and
supporting protocols; identify mutual aid best practices; when
practical, provide the committee with statistical information related to
the use of mutual aid during recent regional disaster responses; and
assist with the development, implementation and management of a
state-wide resource typing system.

8. Reimbursement of assisting local government by the state or
requesting local government; resolving disputes regarding reimbursement.
a. Any assisting local government requesting reimbursement under this
program for loss, damage or expenses incurred in connection with the
provision of assistance that seeks reimbursement by the state or
requesting local government shall make such request in accordance with
procedures developed by the intrastate mutual aid committee.

b. Notwithstanding the provisions of section twenty-five of this
article or any inconsistent provision of law to the contrary, the state
or any requesting local government requesting assistance under this
program shall be liable and responsible to the assisting local
government for any loss or damage to equipment or supplies and shall
bear and pay the expense incurred in the operation and maintenance of
any equipment and the cost of materials and supplies used in rendering
assistance under this section.

c. The assisting local government shall be liable for salaries or
other compensation for its employees deployed to the state or a
requesting local government during the time they are not rendering
assistance pursuant to such request, and shall defray the actual
traveling and maintenance expense of its employees and equipment while
they are rendering assistance under this section. The state or
requesting local government shall reimburse the assisting local
government for any moneys paid for such salaries or other compensation
and traveling and maintenance expenses incurred from activities
performed while rendering assistance under this program.

d. Notwithstanding paragraph c of this subdivision, any voluntary
ambulance service rendered pursuant to a request for assistance under
this program that affects a volunteer ambulance workers service award or
supplemental service award from a service award program or a
supplemental service award program established pursuant to article
eleven-aa, article eleven-aaa, or article eleven-aaaa of the general
municipal law shall be the responsibility of the political subdivision
which adopted the service award program or supplemental service award
program and not the responsibility of the state or requesting local
government.

e. Where a dispute arises between an assisting local government and
the state or a requesting local government regarding reimbursement for
loss, damages or expenses incurred in connection with the provision of
aid, the parties will make every effort to resolve the dispute within
thirty business days of written notice of the dispute by the party
asserting noncompliance.

9. Performance of services. a. (1) Employees of an assisting local
government shall continue under the administrative control of their home
jurisdiction. However, in all other cases where not prohibited by
general, special or local law, rule or regulation, employees of an
assisting local government shall be under the direction and control of
the director of the state office of emergency management, local
emergency management director or other official charged with performing
emergency management functions for the state or requesting local
government;

(2) Performance by employees of an assisting local government of
services for the state or a requesting local government pursuant to this
section shall have no impact upon whether negotiating unit employees
represented by an employee organization, recognized or certified
pursuant to section two hundred six or two hundred seven of the civil
service law, exclusively perform such services, as that phrase is used
by the public employment relations board, on behalf of the state or
requesting local government;

b. Assets and equipment of an assisting local government shall
continue under the ownership of the assisting local government, but
shall be under the direction and control of the director of the state
office of emergency management, local emergency management director or
other official charged with performing emergency management functions
for the state or requesting local government.

10. Liability. a. Each local government is responsible for procuring
and maintaining insurance or other coverage as it deems appropriate.

b. While rendering assistance under the intrastate mutual aid program,
employees of the assisting local government shall have the same
immunities and privileges as if such duties were performed within their
home jurisdiction. An assisting local government providing assistance
pursuant to the intrastate mutual aid program shall be liable for the
negligence of its employees, which occurs in the performance of their
duties in the same manner and to the same extent as if such negligence
occurred in the performance of their duties in their home jurisdiction.

c. Employees of an assisting local government responding to or
rendering assistance pursuant to a request for assistance who sustain
injury or death in the course of, and arising out of, their response are
entitled to all applicable benefits as if they were responding in their
home jurisdiction. The assisting local government shall be liable for
all costs or payments for such benefits as required by law.

d. Nothing in this section shall be construed to prevent the assisting
and requesting local governments from agreeing to other terms related to
liability and compensation. Local governments may choose to enter into
an agreement, at any time, to alter these terms as they deem necessary.

e. Nothing in this section shall be construed to provide any
protection against liability, or to create any liability, for an
individual who responds to a state of emergency where aid has not been
requested, or where aid has not been authorized by the individual's home
jurisdiction.

11. Obligation of insurers. Nothing in this section shall impair,
alter, limit or modify the rights or obligations of any insurer under
any policy of insurance.

12. License, certificate and permit portability. a. State certified
emergency medical services providers who respond outside of their normal
jurisdiction pursuant to a request for assistance under this program
shall follow their normal operating protocols as if they were responding
and rendering services in their home jurisdiction.

b. Any other individual authorized and deployed by a participating
local government when responding pursuant to a request for assistance
under this program shall have the same powers and duties as if they were
responding in their home jurisdiction.