Bill Text: NJ S264 | 2010-2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Implements recommendations of the Assembly Coastal New Jersey Evacuation Task Force.

Sponsorship: Slight Partisan Bill (Democrat 6-3)

Status: (Engrossed - Dead) 2011-12-15 - Received in the Senate, 2nd Reading on Concurrence [S264 Detail]

Download: New_Jersey-2010-S264-Introduced.html

SENATE, No. 264

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Senator  JEFF VAN DREW

District 1 (Cape May, Atlantic and Cumberland)

Senator  CHRISTOPHER J. CONNORS

District 9 (Atlantic, Burlington and Ocean)

Senator  JOHN A. GIRGENTI

District 35 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Implements recommendations of the Assembly Coastal New Jersey Evacuation Task Force.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning emergency management, supplementing chapter 9 of Appendix A, and amending P.L.1989, c.222. 

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  (New section) For the purposes of this act:

     "Alternative emergency power generator" means an electricity-generating installation system that operates to provide the electricity needs of a building or structure if the normal source of electricity is disrupted due to a power outage;  

     "Critical infrastructure" means all buildings or structures in the State that are indispensably necessary for national security, economic stability, and public safety; 

     "Director" means the Director of the State Office of Emergency Management in the Division of State Police;

     "Emergency" means an emergency or local disaster emergency as defined in section 3 of P.L.1953, c. 438 (C.App.A:9-33.1)

     "Lane reversal strategy" means an evacuation plan that reverses the flow of traffic in lanes that are normally configured for travel in one direction, resulting in all traffic traveling in the same direction on all lanes of a highway;

     "Long term emergency shelter" means a building or structure in which a public entity or a private, nonprofit organization provides shelter for a period of time extending longer than six months to individuals and families who have been displaced from their homes due to an emergency;

     "Special needs" means a physical or mental disability or medical care need of an individual who, after exhausting all other resources still needs assistance for evacuation or sheltering before, during, or after a disaster or emergency; and

     "Temporary emergency shelter" means a building or structure in which a public entity or a private, nonprofit organization provides shelter to individuals and families who have been displaced from their homes due to an emergency until that emergency has ceased. 

 

     2.  (New section) a.  The director shall develop and undertake an annual public awareness program to educate the public concerning the State's plan to evacuate New Jersey's coastal areas in a time of emergency.  The program shall incorporate the use of both the broadcast and print media.

     b.  The program shall inform the public of:

     (1) methods by which the State is to notify the public of the initiation of an emergency evacuation of a coastal area;

     (2) appropriate evacuation routes;

     (3) alternative methods of evacuation, other than that utilizing a personal motor vehicle;

     (4) information concerning the preparation and storing of personal evacuation kits;

     (5) appropriate supplies of food and potable water that individuals and families should have readily available; and

     (6) information relating to the support of, and care for animals, particularly service animals and pets subject to a coastal evacuation; and

     (7)  any such other matters as the director shall deem appropriate and necessary.

     c.  In developing this plan, and in making any subsequent revisions, the director shall consult with the Emergency Management Offices of the affected counties and municipalities.

 

     3.  (New section) a. The director, in consultation with the Department of Health and Senior Services and the Department of Community Affairs, shall appoint a commission comprised of experts from each department that shall be authorized to:

     (1) identify appropriate elementary and secondary school buildings to serve as adequate locations for temporary emergency shelter during an emergency;

     (2) identify elementary and secondary schools that do not meet the standards for the licensing of emergency shelters promulgated pursuant to section 5 of P.L.1985, c.48 (C.55:13C-5), and, if needed, allocate funding for the purpose of renovating, repairing, or altering  those school buildings so that they may serve as adequate short term emergency shelters; and

     (3) identify and reserve specific locations to serve as long term emergency shelters, during an emergency, for the benefit of individuals who have been displaced from their residence for an extended period of time as a result of that emergency or local disaster emergency.  Locations that meet the necessary standards for the licensing of emergency shelters promulgated pursuant to section 5 of P.L.1985, c.48 (C.55:13C-5) shall be archived by the commission and may be submitted on an annual basis to the Governor for approval of acquisition of the location by the State.  

     b.  Following the effective date of this act, all elementary and secondary school buildings shall be constructed in a manner so that they may serve as adequate locations for temporary emergency shelters during a declared emergency.

 

     4.  (New section) a.  The director shall establish a coastal operations team composed of experts in emergency evacuation and emergency shelter management from within the Division of State Police.  The coastal operations team shall review and assess the evacuation plans of the State's coastal counties, as well as other surrounding counties that the team determines would be affected by an evacuation of the coast in the event of an emergency.   

     b.  It shall be the primary responsibility of the coastal operations team to:

     (1) ensure consistency among the various county evacuation plans, and to integrate those plans into a Statewide evacuation plan; and

     (2) work in coordination with the county offices of emergency management to revise any evacuation plan that, upon review, proves to be inconsistent with the evacuation plans of other counties, or with the State Emergency Operations Plan Guidelines.  

     c.  The coastal operations team shall biannually report its progress to the Governor with its recommendations for the improvement and development of county emergency evacuation.

 

     5.  (New section)  The director shall work in conjunction with the county emergency management coordinator in each county to locate and identify all critical infrastructures in the State that would need an alternative emergency power generator in the event of a Statewide emergency.    

 

     6.  (New section)  a.  Each county in the State may establish a central registry for residents with special needs who require additional assistance provided to them during an emergency.  A central registry created pursuant to this section shall be maintained by each county office of emergency management, and shall be composed of information voluntarily provided by each registrant that includes, but is not limited to, the registrant's address, telephone number, and particular condition.

     b.  Each county that creates such a registry shall conduct a public awareness campaign to inform the general public of the importance of identifying individuals with special needs prior to an emergency so that appropriate preparations may be made to ensure that these individuals receive necessary assistance during an evacuation. Information collected pursuant to this section shall be treated as confidential but may be forwarded to the State Office of Emergency Management as part of the Emergency Operations Plan required pursuant to section 19 of P.L.1989, c.222 (C.App.A:9-43.2).

 

     7.  (New section) a.  The Division of State Police shall work in conjunction with county emergency management coordinators to implement a lane reversal strategy on the Atlantic City Expressway, the Garden State Parkway, and Route 287 in this State in preparation for any emergency evacuation.

     b. The operator of a motor vehicle shall not tow any trailer, semitrailer, or any other type of drawn or towed trailer, including a trailer transporting a boat, on a public highway located in an area where an emergency has been declared and any evacuation plan, including but not limited to a reverse lane strategy, is in effect.  This prohibition shall not apply to emergency vehicles.

 

     8.  Section 18 of P.L. 1989, c.222 (App.A:9-43.1) is amended to read as follows:

     18.  The State Office of Emergency Management shall adopt, no later than 12 months following the effective date of this act, a State Emergency Operations Plan, including rules, regulations, and guidelines, that shall be reviewed and updated at least every two years. 

     a.  These plans shall include , but not be limited to, provisions[,] which shall be developed in consultation with:

     (1) the Department of Agriculture, to support the needs of animals and individuals with an animal under their care, including  domestic livestock,  a domesticated animal, or a service animal, in a major disaster or emergency; and

     (2) the Department of Health and Senior Services, to provide for a coordinated Statewide evacuation strategy for all hospitals and other health care facilities in the State, alternative sources of care for evacuated patients, and proposed sites of temporary shelter in the event of an emergency.  The Statewide evacuation strategy shall be based on evacuation plans prepared pursuant to section 19 of P.L.1989, c. 222 (C.App.A:9-43.2) and submitted to the State Office of Emergency Management by each county and municipality in the State pursuant to section 21 of P.L.1989, c.222 (C.App.A:9-43.2).

     b.  Each plan shall include provisions that specifically address the needs, and facilitate the safe and timely evacuation, of the families and dependents of the emergency responders rendering major disaster or emergency services.

     c.  In addition, the State Office of Emergency Management shall take appropriate steps to educate the public regarding the resources available in the event of an emergency and the importance of emergency preparedness planning.

(cf: P.L.2006, c.92, s.1)

 

     9.    Section 19 of P.L.1989, c.222 (App.A:9-43.2) is amended to read as follows:

     19. Each county and municipality in the State shall prepare a written Emergency Operations Plan with all appropriate annexes necessary to implement the plan.  The development of all plans shall be coordinated with the Emergency Operations Plans of the State, county and neighboring municipalities to ensure a regional coordinated response and the efficient use of resources. 

     a.  These plans shall include , but not be limited to, provisions[,] which shall be developed in consultation with:

     (1) the Department of Agriculture, to support the needs of animals and individuals with an animal under their care, including  domestic livestock,  a domesticated animal, or a service animal, in a major disaster or emergency; and

     (2) the Department of Health and Senior Services to evaluate the evacuation procedures of hospitals and other health care facilities located in each county and municipality, alternative sources of care for evacuated patients, and proposed sites of temporary shelter in the event of an emergency.  

     b.  Each plan shall include provisions that specifically address the needs, and facilitate the safe and timely evacuation, of the families and dependents of the emergency responders rendering major disaster or emergency services.

     c.  Each Emergency Operations Plan shall be adopted no later than one year after the State Emergency Planning Guidelines have been adopted by the State Office of Emergency Management and shall be evaluated at such subsequent scheduled review of the State Emergency Operations Plan.

(cf:  P.L.2006, c.92, s.2)

 

     10.  This act shall take effect on the first day of the thirteenth month following enactment, but the Director of the State Office of Emergency Management may take such anticipatory administrative actions in advance thereof as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

     The provisions of this bill implement certain recommendations of the Final Report of the Assembly Coastal New Jersey Evacuation Task Force, which was submitted to the Speaker of the General Assembly on May 23, 2008.  Specifically, the purpose of the bill is to improve the current evacuation plans throughout the State in preparation for a catastrophic event or natural disaster, such as a hurricane or nor'easter.   

     Under the provisions of the bill, the Director of the State Office of Emergency Management (OEM) is to develop and undertake a number of initiatives.  First, the bill requires that the director develop an annual public awareness program to educate the public concerning the State's plan to evacuate New Jersey's coastal areas in times of emergency. 

     The bill further requires the director to work in consultation with the Department of Health and Senior Services and the Department of Community Affairs, to appoint a commission comprised of experts from each department.  The commission would be authorized to identify and reserve elementary and secondary school buildings to serve as temporary shelters during an emergency; allocate funding for the renovation of school buildings that do not meet the standard requirements for adequate sheltering so that they may serve as short term emergency shelters; and identify and reserve specific locations to serve as long term emergency shelters for the benefit of individuals who have been displaced from their residence for a period of greater than six months.  Following the enactment of the bill, all schools in the State are to be constructed to serve as adequate shelters. 

     In addition, the bill provides for the creation of a separate State coastal operations team composed of experts from within the Division of State Police assigned to review and assess the county evacuation plans.  Under the bill, it is the primary responsibility of the coastal operations team to ensure consistency among the various county evacuation plans, and integrate the county plans into a Statewide evacuation plan.         The bill also requires the director of OEM to work in conjunction with the county emergency management coordinator in each county to locate and identify all critical infrastructure in the State that would be in need of an alternative emergency power generator in the event of a Statewide emergency.

     The bill further provides that the State Police are to work in conjunction with county emergency management coordinators to implement a lane reversal strategy on the Atlantic City Expressway, the Garden State Parkway, and Route 287 in this State in preparation for an evacuation during an emergency.  The bill prohibits the towing of trailers, and transportation of boats on public highways while any evacuation plan is in effect.

     Under the provisions of the bill, each county is to establish a central registry for individuals with special needs who may need additional assistance during an emergency or local disaster emergency. The bill defines "special needs" as a physical or mental disability or medical care need of an individual who, after exhausting all other resources still needs assistance for evacuation or sheltering before, during, or after a disaster or emergency.

     Finally, the bill amends current law to provide for the expansion of the Emergency Operation Plans on the State, county and municipal level. Current law only requires the State and local Emergency Operation Plans to address the needs of farm animals and service animals during an emergency.  The bill provides that these emergency plans are to be expanded in order to support the needs of domestic livestock and domesticated animals.    Additionally, each Emergency Operations Plan is to include a provision specifically designed to address the needs and facilitate the safe and timely evacuation of the families and dependents of the emergency responders rendering major disaster or emergency services.

     The bill further requires the counties and municipalities to include in their respective Emergency Operations Plans provisions that evaluate the evacuation procedures of hospitals and other health care facilities, alternate sources of care for evacuated patients, and proposed sites of temporary shelter in the event of an emergency.  Under the bill, the State Office of Emergency Management is required to establish a Statewide evacuation strategy that will be based on evacuation plans submitted by the counties and municipalities.

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