Bill Text: NY A07713 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to state disaster preparedness, response and recovery capabilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to codes [A07713 Detail]
Download: New_York-2017-A07713-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7713 2017-2018 Regular Sessions IN ASSEMBLY May 10, 2017 ___________ Introduced by M. of A. PEOPLES-STOKES -- (at request of the Division of Homeland Security and Emergency Services) -- read once and referred to the Committee on Governmental Operations 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: 1 Section 1. The executive law, is amended by adding a new section 29-l 2 to read as follows: 3 § 29-l. Northern emergency management assistance compact. 1. The State 4 and Province Emergency Management Assistance Memorandum of Understand- 5 ing, hereinafter referred to as the "compact", is made and entered into 6 by and among such of the jurisdictions as shall enact or adopt this 7 compact, hereinafter referred to as "participating jurisdictions". For 8 the purposes of this compact, the term "jurisdictions" may include any 9 or all of the states of Illinois, Indiana, Ohio, Michigan, Minnesota, 10 Montana, North Dakota, Pennsylvania, New York, and Wisconsin, and the 11 Canadian Provinces of Alberta, Manitoba, Ontario, and Saskatchewan, and 12 such other states and provinces as may hereafter become a party to this 13 compact. The term "states" means the several states, the Commonwealth of 14 Puerto Rico, the District of Columbia, and all territorial possessions 15 of the United States. The term "province" means the ten political units 16 of government within Canada. 17 The purpose of this compact is to provide for the possibility of mutu- 18 al assistance among the participating jurisdictions in managing any 19 emergency or disaster when the affected jurisdiction or jurisdictions 20 ask for assistance, whether arising from natural disaster, technological 21 hazard, man-made disaster or civil emergency aspects of resources short- 22 ages. 23 This compact also provides for the process of planning mechanisms 24 among the agencies responsible and for mutual cooperation, including EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10156-01-7A. 7713 2 1 civil emergency preparedness exercises, testing, or other training 2 activities using equipment and personnel simulating performance of any 3 aspect of the giving and receiving of aid by participating jurisdictions 4 or subdivisions of participating jurisdictions during emergencies, with 5 such actions occurring outside emergency periods. 6 2. Each participating jurisdiction entering into this compact recog- 7 nizes that many emergencies may exceed the capabilities of a participat- 8 ing jurisdiction and that intergovernmental cooperation is essential in 9 such circumstances. Each participating jurisdiction further recognizes 10 that there will be emergencies that may require immediate access and 11 present procedures to apply outside resources to make a prompt and 12 effective response to such an emergency because few, if any, individual 13 jurisdictions have all the resources they need in all types of emergen- 14 cies or the capability of delivering resources to areas, where emergen- 15 cies exist. 16 On behalf of the participating jurisdictions in the compact, the 17 legally designated official who is assigned responsibility for emergency 18 management is responsible for formulation of the appropriate inter-jur- 19 isdictional mutual aid plans and procedures necessary to implement this 20 compact, and for recommendations to the participating jurisdiction 21 concerned with respect to the amendment of any statutes, regulations, or 22 ordinances required for that purpose. 23 3. (a) It is the responsibility of each participating jurisdiction to 24 formulate procedural plans and programs for inter-jurisdictional cooper- 25 ation in the performance of the responsibilities listed in this section. 26 In formulating and implementing such plans and programs the participat- 27 ing jurisdictions, to the extent practical, may: 28 (1) share and review individual jurisdiction hazards analyses that are 29 available and determine all those potential emergencies the participat- 30 ing jurisdictions might jointly suffer, whether due to natural disaster, 31 technological hazard, man-made disaster or emergency aspects of resource 32 shortages; 33 (2) share emergency operations plans, procedures, and protocols estab- 34 lished by each of the participating jurisdictions before entering into 35 this compact; 36 (3) share policies and procedures for resource mobilization, tracking, 37 demobilization, and reimbursement; 38 (4) consider joint planning, training, and exercises; 39 (5) assist with alerts, notifications, and warnings for communities 40 adjacent to or crossing participating jurisdiction boundaries; 41 (6) consider procedures to facilitate the movement of evacuees, refu- 42 gees, civil emergency personnel, equipment, or other resources into or 43 across boundaries, or to a designated staging area when it is agreed 44 that such movement or staging will facilitate civil emergency operations 45 by the affected or participating jurisdictions; and 46 (7) provide, to the extent authorized by law, for temporary suspension 47 of any statutes or ordinances that impeded the implementation of respon- 48 sibilities described in this section. 49 (b) The authorized representative of a participating jurisdiction may 50 request assistance of another participating jurisdiction by contacting 51 the authorized representative of that jurisdiction. These provisions 52 only apply to requests for assistance made by and to authorized repre- 53 sentatives. Requests may be verbal or in writing. If verbal, the request 54 must be confirmed in writing within fifteen days of a verbal request. 55 Requests must provide the following information:A. 7713 3 1 (1) A description of the emergency service function for which assist- 2 ance is needed and of the mission or missions, including but not limited 3 to fire services, emergency medical, transportation, communications, 4 public works and engineering, building inspection, planning and informa- 5 tion assistance, mass care, resource support, health and medical 6 services, and search and rescue. 7 (2) The amount and type of personnel, equipment, materials, and 8 supplies needed and a reasonable estimate of the length of time they 9 will be needed. 10 (3) The specific place and time for staging of the assisting partic- 11 ipating jurisdiction's response and a point of contact at the location. 12 (c) There shall be periodic consultation among the authorized repre- 13 sentatives who have assigned emergency management responsibilities. 14 4. It is recognized that any participating jurisdiction that agrees to 15 render mutual aid or conduct exercises and training for mutual aid will 16 respond as soon as possible. It is also recognized that the participat- 17 ing jurisdiction rendering aid may withhold or recall resources to 18 provide reasonable protection for itself, at its discretion. To the 19 extent authorized by law, each participating jurisdiction will afford to 20 the personnel of the emergency contingent of any other participating 21 jurisdiction while operating within its jurisdiction limits under the 22 terms and conditions of this agreement and under the operational control 23 of an officer of the requesting participating jurisdiction the same 24 treatment as is afforded similar or like human resources of the partic- 25 ipating jurisdiction in which they are performing emergency services. 26 Staff comprising the emergency contingent continue under the command and 27 control of their regular leaders but the organizational units come under 28 the operational control of the emergency services authorities of the 29 participation of jurisdiction receiving assistance. Conditions may be 30 activated, as needed, by the participating jurisdiction that is to 31 receive assistance or upon commencement of exercises or training for 32 mutual aid and continue as long as the exercises or training for mutual 33 aid are in progress, the emergency or disaster remains in effect or 34 loaned resources remain in the receiving participating jurisdictions, 35 whichever is longer. The receiving participating jurisdiction is respon- 36 sible for informing the assisting participating jurisdiction when 37 services will no longer be required. 38 5. Whenever a person holds a license, certificate, or other permit 39 issued by any participating jurisdiction evidencing the meeting of qual- 40 ifications for professional, mechanical, or other skills, and when such 41 assistance is requested by the receiving participating jurisdiction, 42 such person is deemed to be licensed, certified, or permitted by the 43 jurisdiction requesting assistance to render aid involving such skill to 44 meet an emergency or disaster, subject to such limitations and condi- 45 tions as the requesting jurisdiction prescribes by executive order or 46 otherwise. 47 6. Any person or entity of a participating jurisdiction rendering aid 48 in another jurisdiction pursuant to this compact is considered an agent 49 of the requesting jurisdiction for tort liability and immunity purposes. 50 Any person or entity rendering aid in another jurisdiction pursuant to 51 this compact is not liable on account of any act or omission in good 52 faith on the part of such forces while so engaged or on account of the 53 maintenance or use of any equipment or supplies in connection therewith. 54 Good faith in this article does not include willful misconduct, gross 55 negligence, or recklessness.A. 7713 4 1 7. Because it is probable that the pattern and detail of the compact 2 for mutual aid among two or more participating jurisdictions may differ 3 from that among the participating jurisdictions that are party to this 4 compact, this compact contains elements of a broad base common to all 5 participating jurisdictions, and nothing in this compact precludes any 6 participating jurisdiction from entering into supplementary agreements 7 with another jurisdiction or affects any other agreements already in 8 force among participating jurisdictions. 9 Supplementary agreements may include, but are not limited to, 10 provisions for evacuation and reception of injured and other persons and 11 the exchange of medical, fire, public utility, reconnaissance, welfare, 12 transportation and communications personnel, equipment and supplies. 13 8. Each participating jurisdiction shall provide, in accordance with 14 its own laws, for the payment of workers' compensation and death bene- 15 fits to injured members of the emergency contingent of that participat- 16 ing jurisdiction and to representatives of deceased members of those 17 forces if the members sustain injuries or are killed while rendering aid 18 pursuant to this compact, in the same manner and on the same terms as if 19 the injury or death were sustained within their own jurisdiction. 20 9. Any participating jurisdiction rendering aid another jurisdiction 21 pursuant to this compact shall, if requested, be reimbursed by the 22 participating jurisdiction receiving such aid for any loss or damage to, 23 or expense incurred in, the operation of any equipment and the provision 24 of any service in answering a request for aid and for the costs incurred 25 in connection with those requests. An aiding participating jurisdiction 26 may assume in whole or in part any such loss, damage, expense, or other 27 cost or may loan such equipment or donate such services to the receiving 28 participating jurisdiction without charge or cost. Any two or more 29 participating jurisdictions may enter into supplementary agreements 30 establishing a different allocation of costs among those jurisdictions. 31 Expenses under subdivision eight of this section are not reimbursable 32 under this subdivision. 33 10. (a) This compact is effective upon its execution or adoption by 34 any one state and one province, and is effective as to any other juris- 35 diction upon its execution or adoption thereby, and subject to enactment 36 of provincial or state legislation that may be required for the effec- 37 tiveness of the memorandum of understanding. This compact has been 38 authorized and approved by the United States Congress by S.J. Res. 44 39 (June 14, 2014). 40 (b) Additional jurisdictions may participate in this compact upon 41 execution or adoption thereof. 42 (c) Any participating jurisdiction may withdraw from this compact, but 43 the withdrawal does not take effect until thirty days after the governor 44 or premier of the withdrawing jurisdiction has given notice in writing 45 of such withdrawal to the governors or premiers of all other participat- 46 ing jurisdictions. The action does not relieve the withdrawing jurisdic- 47 tion from obligations assumed under this compact prior to the effective 48 date of withdrawal. 49 (d) Duly authenticated copies of this compact in the French and 50 English languages and of such supplementary agreements as may be entered 51 into shall, at the time of their approval, be deposited with each of the 52 participating jurisdictions. 53 11. This compact is construed to effectuate the purposes stated in 54 subdivision one of this section. If any provision of this compact is 55 declared unconstitutional or the applicability of the compact to any 56 person or circumstances is held invalid, the validity of the remainderA. 7713 5 1 of this compact and the applicability of the compact to other persons 2 and circumstances are not affected. 3 12. The validity of the arrangements and agreements consented to in 4 this compact shall not be affected by any insubstantial difference in 5 form or language as many be adopted by the various states and provinces. 6 § 2. This act shall take effect immediately; provided that the gover- 7 nor shall notify the legislative bill drafting commission upon the 8 occurrence of the enactment of the legislation provided for in section 9 one of this act in order that the commission may maintain an accurate 10 and timely effective data base of the official text of the laws of the 11 state of New York in furtherance of effectuating the provisions of 12 section 44 of the legislative law and section 70-b of the public offi- 13 cers law.
