Bill Text: NJ S2429 | 2022-2023 | Regular Session | Amended
Bill Title: Creates Code Red alert pilot program to shelter at-risk individuals during hot weather.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2023-11-30 - Referred to Senate Budget and Appropriations Committee [S2429 Detail]
Download: New_Jersey-2022-S2429-Amended.html
Sponsored by:
Senator RICHARD J. CODEY
District 27 (Essex and Morris)
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Senators Burgess and Diegnan
SYNOPSIS
Creates Code Red alert pilot program to shelter at-risk individuals during hot weather.
CURRENT VERSION OF TEXT
As reported by the Senate Health, Human Services and Senior Citizens Committee on November 30, 2023, with amendments.
An Act concerning Code Red alert plans to shelter at-risk individuals 1during certain pilot period1 and amending 1[P.L.2017, c.68, P.L.2017, c.70, and]1 P.L.1942, c.251.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. Section 2 of P.L.2017, c.68 (C.App.A:9-43.19) is amended to read as follows:
2. A county governing body, through its office of emergency management or other appropriate office, agency, or department, shall establish a plan for issuing a Code Blue or Code Red alert to municipalities, social service agencies, and non-profit organizations that provide services to at-risk individuals and are located within the county's borders. The county office of emergency management, or appropriate office, agency, or department, shall coordinate with municipal emergency management coordinators in municipalities with a documented homeless population of at least 10, as noted in the most recent Annual Point In Time Count, in developing consistent Code Blue or Code Red alert plans throughout the county that provide for communication and outreach, emergency warming or cooling centers, and transportation during implementation of a Code Blue or Code Red alert plan. This plan may be carried out by designated volunteer organizations. Volunteer-organized Code Blue and Code Red efforts shall receive cooperation and logistical support from the coordinator, but shall operate autonomously, provided that they operate in response to an alert and pursuant to the Code Blue or Code Red alert plan.
(cf: P.L.2017, c.68, s.2)1]
1[2. Section 3 of P.L.2017, c.68 (C.App.A:9-43.20) is amended to read as follows:
3. [A coordinator shall declare a Code Blue alert after] After evaluating weather forecasts and advisories produced by the National Weather Service that predict the following weather conditions in the county within 24 to 48 hours, a coordinator shall declare:
a. a Code Blue alert if:
(1) temperatures will reach 32 degrees Fahrenheit or lower; or
[b.] (2) the National Weather Service wind chill temperature will be zero degrees Fahrenheit or less for a period of two hours or more[.]; or
b. a Code Red alert if:
(1) the heat index is forecast to reach 95 degrees Fahrenheit to 99 degrees Fahrenheit for at least two consecutive days; or
(2) the temperatures will reach 100 degrees Fahrenheit to 104 degrees Fahrenheit for any length of time.
(cf: P.L.2019, c.427, s.1)]1
1[3. Section 5 of P.L.2017, c.70 (C.App.A:9-43.21) is amended as follows:
5. The coordinator, or the coordinator's designee, shall review weather forecasts from the National Weather Service on a regular and consistent basis to determine when a Code Blue or Code Red alert is warranted.
(cf: P.L.2017, c.70, s.5)]1
11. (New section) As used in P.L. , c. (pending before the Legislature as this bill):
"At-risk individual" means an individual living outdoors, on the streets, in the parks, or in poorly insulated settings, and who is at risk for weather-related exposure and possible death.
"Coordinator" means the county emergency management coordinator appointed pursuant to section 12 of P.L.1953, c.438 (C.App.A:9-42.1).
"County governing body" means the board of county commissioners, or in the case of those counties organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the board of county commissioners and the county executive, the county supervisor, or the county manager, as appropriate.
"Pilot program" means the three-year pilot program established pursuant to section 2 of P.L. , c. (pending before the Legislature as this bill).1
12. (New section) a. A county governing body, through its office of emergency management or other appropriate office, agency, or department, shall establish a pilot program in the form of a three-year plan for issuing a Code Red alert to municipalities, social service agencies, and non-profit organizations that provide services to at-risk individuals and are located within the county's borders. The county office of emergency management, or appropriate office, agency, or department, shall coordinate with municipal emergency management coordinators in municipalities with a documented homeless population of at least 10 people, as noted in the most recent Annual Point In Time Count, in developing consistent Code Red alert plans throughout the county that provide for communication and outreach, emergency warming or cooling centers, and transportation during implementation of a Code Red alert plan. This plan may be carried out by designated volunteer organizations. Volunteer-organized Code Red efforts shall receive cooperation and logistical support from the coordinator, but shall operate autonomously, provided that the volunteer organizations operate in response to an alert and pursuant to the Code Red alert plan.
b. On or before the first day of the 30th month next following the effective date of P.L. , c. (pending before the Legislature as this bill), the State Office of Emergency Management shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. The report shall provide information on the success of the pilot program, challenges faced by the program, and recommendations on whether or not to make the pilot program permanent. The State Office of Emergency Management may request information needed for development and compilation of this report from each appropriate county office. Following the conclusion of the pilot program, a county governing body may certify and submit a request for a reimbursement for the administrative costs of the pilot program to the State Office of Emergency Management, and the State Office of Emergency Management shall reimburse the county for those certified costs.1
13. (New section) A coordinator shall declare a Code Red alert during the time of the three-year pilot program, if, after evaluating weather forecasts and advisories produced by the National Weather Service:
(1) the heat index is forecast to reach a daily high temperature of 95 degrees Fahrenheit to 99 degrees Fahrenheit for at least two consecutive days; or
(2) the daily high temperature is forecast to reach a high of at least 100 degrees Fahrenheit for any length of time.1
14. (New section) The coordinator, or the coordinator's designee, shall review weather forecasts from the National Weather Service on a regular and consistent basis during the time of the three-year pilot program to determine when a Code Red alert is warranted.1
1[4.] 5.1 Section 20 of P.L.1942, c.251 (C.App.A:9-52) is amended to read as follows:
20. Neither the State nor any
political subdivision of the State under any circumstances, nor the agents,
officers, employees, servants or representatives of the State or any political
subdivision thereof, including all volunteers, in good faith carrying out,
complying with, or attempting to comply with, any order, rule or regulation
promulgated pursuant to the provisions of 1[this act] P.L.1942,
c.251 (C.App. A:9-33 et seq.)1
or performing any authorized service in connection therewith, shall be liable
for any injury or death to persons or damage to property as the result of [any such] the activity.
No person owning, possessing or managing any real property which has been
designated, pursuant to the provisions of 1[this act] P.L.1942,
c.251 (C.App. A:9-33 et seq.)1
or of any order, rule or regulation promulgated thereunder, as a shelter from
destructive operations or attacks by enemies of the United States, shall be
liable in any civil action for death or injury to any person who, because [such] the
real property has been designated a shelter [as
aforesaid],
enters upon it solely for the purpose of seeking refuge therein during such
destructive operations or attacks or during civil defense tests ordered by
lawful authority, except where [such] the
death or injury is caused by the willful act of [such] the owner, possessor or
manager, or his agents or employees. The foregoing shall not affect the right
of any person to receive benefits or compensation which may be specifically
provided by the provisions of this or any other State or Federal Statute, nor
shall it affect the right of any person to recover under the terms of any
policy of insurance. The provisions of this section shall apply but shall not
be limited to establishing or developing a Code Blue 1alert
plan,1
or 1a1 Code
Red alert plan 1pursuant
to
P.L. , c. (pending before the Legislature as this bill)1 , or
implementing, carrying out, or providing services under a Code Blue 1[or Code Red]1 alert
plan, pursuant to the provisions of P.L.2017, c.68 (C.App.A:9-43.18 et al.) 1, or
a Code Red alert plan pursuant to the provisions of P.L. , c. (pending
before the Legislature as this bill)1
.
(cf: P.L.2017, c.68, s.4)
1[5.] 6.1 This act shall take effect immediately 1, and shall expire three years thereafter1 .