S T A T E O F N E W Y O R K ________________________________________________________________________ 8981 2009-2010 Regular Sessions I N A S S E M B L Y June 17, 2009 ___________ Introduced by M. of A. BALL, WALKER, CROUCH, TEDISCO -- Multi-Sponsored by -- M. of A. TOWNSEND -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to local disaster preparedness plans, requiring law enforcement agencies to report to the superintendent of state police suspected or perceived threats of the release of any chemical, biological or radiological agent and the energy transportation and storage security program, government conti- nuity program, business continuity program, post disaster recovery program, energy security program, public security evacuation program, and disaster preparedness plan program, and establishing an endowed chair within the state university of New York for the study of terror- ism and homeland security and making an appropriation therefor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph a of subdivision 2 of section 20 of the executive 2 law, as amended by chapter 781 of the laws of 1988, is amended to read 3 as follows: 4 a. "disaster" means occurrence or imminent threat of wide spread or 5 severe damage, injury, or loss of life or property resulting from any 6 natural or man-made causes, including, but not limited to, fire, flood, 7 earthquake, hurricane, tornado, high water, landslide, mudslide, wind, 8 storm, wave action, volcanic activity, epidemic, air contamination, 9 blight, drought, infestation, explosion, radiological accident, water 10 contamination, ACT OF TERRORISM INCLUDING BIOLOGICAL, CHEMICAL OR RADIO- 11 LOGICAL TERRORISM, bridge failure or bridge collapse. 12 S 2. Subdivision 6 of section 23 of the executive law, as added by 13 chapter 640 of the laws of 1978, is amended to read as follows: 14 6. All plans for disaster preparedness developed by local governments 15 or any revisions thereto shall COMPLY WITH THE NATIONAL INCIDENT MANAGE- 16 MENT SYSTEM (NIMS) AND be submitted to the commission by December thir- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10654-06-9 A. 8981 2 1 ty-first of each year to facilitate state coordination of disaster oper- 2 ations. 3 S 3. Subparagraph 4 of paragraph a of subdivision 7 of section 23 of 4 the executive law, as added by chapter 640 of the laws of 1978, is 5 amended and eight new subparagraphs 5, 6, 7, 8, 9, 10, 11 and 12 are 6 added to read as follows: 7 (4) such other measures as reasonably can be taken to prevent disas- 8 ters or mitigate their impact[.]; 9 (5) A ROSTER OF VOLUNTEER MEDICAL PERSONNEL IN THE COUNTY WHO WOULD BE 10 AVAILABLE TO RESPOND TO DISASTERS AND HAVE A PROCEDURE TO COORDINATE 11 SUCH VOLUNTEERS; 12 (6) ASSESSMENT AS TO THE EXTENT OF EACH COUNTY'S HEALTHCARE INFRAS- 13 TRUCTURE WHICH INCLUDES THE AMOUNT OF HOSPITAL BEDS, DOCTOR'S OFFICES 14 AND EMERGENCY HEALTH SERVICES AVAILABLE TO A DISASTER AREA; 15 (7) DEVELOPMENT OF A SYSTEM FOR COLLECTING DISEASE OR EXPOSURE DATA 16 IMMEDIATELY AS A RESULT OF A DISASTER; 17 (8) IDENTIFICATION OF A LOCAL STOCKPILE OF PHARMACEUTICALS AVAILABLE 18 IN THE COUNTY, IF AVAILABLE, AND IDENTIFY HOW TO INTEGRATE STATE AND 19 FEDERAL STOCKPILES INTO THE LOCAL SUPPLY; 20 (9) IDENTIFICATION AND COORDINATION OF THE EMERGENCY SERVICES ORGAN- 21 IZATIONS TO BE USED FOLLOWING A DISASTER; 22 (10) DESIGNATING A COUNTY HEALTH OFFICIAL AS THE HEALTH RISK COMMU- 23 NICATOR; 24 (11) CREATION OF DRILLS TO BE USED TO TEST SUCH PLANS; AND 25 (12) ASSESSMENT AS TO THE PLANNING FOR AND IMPLEMENTATION OF THE 26 NATIONAL INCIDENT MANAGEMENT SYSTEM. 27 S 4. The executive law is amended by adding a new section 221-e to 28 read as follows: 29 S 221-E. REPORTING THREATS CONCERNING ACTUAL, SUSPECTED OR PERCEIVED 30 CHEMICAL, BIOLOGICAL OR RADIOLOGICAL AGENTS. EVERY LAW ENFORCEMENT AGEN- 31 CY WHICH RECEIVES A REPORT OF A SUSPECTED OR PERCEIVED THREAT OR INCI- 32 DENT RELATING TO THE RELEASE OF ANTHRAX OR ANY OTHER SUSPECTED OR 33 PERCEIVED CHEMICAL, BIOLOGICAL OR RADIOLOGICAL AGENT SHALL, IMMEDIATELY 34 AFTER RECEIVING SUCH REPORT, NOTIFY THE SUPERINTENDENT OF STATE POLICE 35 OF SUCH REPORT VIA THE NEW YORK STATEWIDE POLICE INFORMATION NETWORK OR 36 BY SUCH OTHER MEANS AS SHALL BE DESIGNATED BY SUCH SUPERINTENDENT. 37 S 5. The executive law is amended by adding eight new sections 716, 38 717, 718, 719, 720, 721, 722 and 723 to read as follows: 39 S 716. ENERGY TRANSPORTATION AND STORAGE SECURITY PROGRAM. THE NEW 40 YORK STATE OFFICE OF HOMELAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN 41 INVESTIGATION AND STUDY ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK 42 STATE ENERGY TRANSPORTATION AND STORAGE SECURITY PROGRAM. SUCH INVESTI- 43 GATION AND STUDY SHALL BE COMPLETED ON OR BEFORE DECEMBER THIRTY-FIRST, 44 TWO THOUSAND TEN. WITHIN NINETY DAYS OF THE COMPLETION OF SUCH INVESTI- 45 GATION AND STUDY, THE NEW YORK STATE OFFICE OF HOMELAND SECURITY SHALL 46 COMPLETE AND DELIVER, TO THE CHAIR OF THE SENATE COMMITTEE ON VETERANS, 47 HOMELAND SECURITY AND MILITARY AFFAIRS AND THE CHAIR OF THE ASSEMBLY 48 COMMITTEE ON GOVERNMENTAL OPERATIONS, A REPORT ON SUCH INVESTIGATION AND 49 STUDY, CONTAINING RECOMMENDATIONS TO THE LEGISLATURE ON THE ESTABLISH- 50 MENT OF A NEW YORK STATE ENERGY TRANSPORTATION AND STORAGE SECURITY 51 PROGRAM. SUCH RECOMMENDATIONS SHALL INCLUDE WHAT MEASURES NEED TO BE 52 TAKEN BY NEW YORK STATE TO ESTABLISH SUCH A PROGRAM, WHAT LAWS SHOULD BE 53 AMENDED OR ADDED TO ESTABLISH SUCH A PROGRAM, AND WHAT FISCAL RESOURCES 54 WOULD NEED TO BE APPROPRIATED AND EXPENDED, IF ANY, TO ESTABLISH SUCH A 55 PROGRAM. A. 8981 3 1 S 717. GOVERNMENT CONTINUITY PROGRAM. THE NEW YORK STATE OFFICE OF 2 HOMELAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND 3 STUDY ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE GOVERNMENT 4 CONTINUITY PROGRAM. SUCH INVESTIGATION AND STUDY SHALL BE COMPLETED ON 5 OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN. WITHIN NINETY DAYS OF 6 THE COMPLETION OF SUCH INVESTIGATION AND STUDY, THE NEW YORK STATE 7 OFFICE OF HOMELAND SECURITY SHALL COMPLETE AND DELIVER, TO THE CHAIR OF 8 THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILI- 9 TARY AFFAIRS AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERN- 10 MENTAL OPERATIONS, A REPORT ON SUCH INVESTIGATION AND STUDY, CONTAINING 11 RECOMMENDATIONS TO THE LEGISLATURE ON THE ESTABLISHMENT OF A NEW YORK 12 STATE GOVERNMENT CONTINUITY PROGRAM. SUCH RECOMMENDATIONS SHALL INCLUDE 13 WHAT MEASURES NEED TO BE TAKEN BY NEW YORK STATE TO ESTABLISH SUCH A 14 PROGRAM, WHAT LAWS SHOULD BE AMENDED OR ADDED TO ESTABLISH SUCH A 15 PROGRAM, AND WHAT FISCAL RESOURCES WOULD NEED TO BE APPROPRIATED AND 16 EXPENDED, IF ANY, TO ESTABLISH SUCH A PROGRAM. 17 S 718. BUSINESS CONTINUITY PROGRAM. THE NEW YORK STATE OFFICE OF HOME- 18 LAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND STUDY 19 ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE BUSINESS CONTINUI- 20 TY PROGRAM. SUCH INVESTIGATION AND STUDY SHALL BE COMPLETED ON OR BEFORE 21 DECEMBER THIRTY-FIRST, TWO THOUSAND TEN. WITHIN NINETY DAYS OF THE 22 COMPLETION OF SUCH INVESTIGATION AND STUDY, THE NEW YORK STATE OFFICE OF 23 HOMELAND SECURITY SHALL COMPLETE AND DELIVER, TO THE CHAIR OF THE SENATE 24 STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS 25 AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERNMENTAL OPER- 26 ATIONS, A REPORT ON SUCH INVESTIGATION AND STUDY, CONTAINING RECOMMENDA- 27 TIONS TO THE LEGISLATURE ON THE ESTABLISHMENT OF A NEW YORK STATE BUSI- 28 NESS CONTINUITY PROGRAM. SUCH RECOMMENDATIONS SHALL INCLUDE WHAT 29 MEASURES NEED TO BE TAKEN BY NEW YORK STATE TO ESTABLISH SUCH A PROGRAM, 30 WHAT LAWS SHOULD BE AMENDED OR ADDED TO ESTABLISH SUCH A PROGRAM, AND 31 WHAT FISCAL RESOURCES WOULD NEED TO BE APPROPRIATED AND EXPENDED, IF 32 ANY, TO ESTABLISH SUCH A PROGRAM. 33 S 719. POST DISASTER RECOVERY PROGRAM. THE NEW YORK STATE OFFICE OF 34 HOMELAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND 35 STUDY ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE POST DISAS- 36 TER RECOVERY PROGRAM. SUCH INVESTIGATION AND STUDY SHALL BE COMPLETED ON 37 OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN. WITHIN NINETY DAYS OF 38 THE COMPLETION OF SUCH INVESTIGATION AND STUDY, THE NEW YORK STATE 39 OFFICE OF HOMELAND SECURITY SHALL COMPLETE AND DELIVER, TO THE CHAIR OF 40 THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILI- 41 TARY AFFAIRS AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERN- 42 MENTAL OPERATIONS, A REPORT ON SUCH INVESTIGATION AND STUDY, CONTAINING 43 RECOMMENDATIONS TO THE LEGISLATURE ON THE ESTABLISHMENT OF A NEW YORK 44 STATE POST DISASTER RECOVERY PROGRAM. SUCH RECOMMENDATIONS SHALL INCLUDE 45 WHAT MEASURES NEED TO BE TAKEN BY NEW YORK STATE TO ESTABLISH SUCH A 46 PROGRAM, WHAT LAWS SHOULD BE AMENDED OR ADDED TO ESTABLISH SUCH A 47 PROGRAM, AND WHAT FISCAL RESOURCES WOULD NEED TO BE APPROPRIATED AND 48 EXPENDED, IF ANY, TO ESTABLISH SUCH A PROGRAM. 49 S 720. ENERGY SECURITY PROGRAM. THE NEW YORK STATE OFFICE OF HOMELAND 50 SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND STUDY ON THE 51 ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE ENERGY SECURITY PROGRAM. 52 SUCH INVESTIGATION AND STUDY SHALL BE COMPLETED ON OR BEFORE DECEMBER 53 THIRTY-FIRST, TWO THOUSAND TEN. WITHIN NINETY DAYS OF THE COMPLETION OF 54 SUCH INVESTIGATION AND STUDY, THE NEW YORK STATE OFFICE OF HOMELAND 55 SECURITY SHALL COMPLETE AND DELIVER, TO THE CHAIR OF THE SENATE STANDING 56 COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS AND THE A. 8981 4 1 CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERNMENTAL OPERATIONS, A 2 REPORT ON SUCH INVESTIGATION AND STUDY, CONTAINING RECOMMENDATIONS TO 3 THE LEGISLATURE ON THE ESTABLISHMENT OF A NEW YORK STATE ENERGY SECURITY 4 PROGRAM. SUCH RECOMMENDATIONS SHALL INCLUDE WHAT MEASURES NEED TO BE 5 TAKEN BY NEW YORK STATE TO ESTABLISH SUCH A PROGRAM, WHAT LAWS SHOULD BE 6 AMENDED OR ADDED TO ESTABLISH SUCH A PROGRAM, AND WHAT FISCAL RESOURCES 7 WOULD NEED TO BE APPROPRIATED AND EXPENDED, IF ANY, TO ESTABLISH SUCH A 8 PROGRAM. 9 S 721. PUBLIC SECURITY EVACUATION PROGRAM. THE NEW YORK STATE OFFICE 10 OF HOMELAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND 11 STUDY ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE PUBLIC SECU- 12 RITY EVACUATION PROGRAM. SUCH INVESTIGATION AND STUDY SHALL BE COMPLETED 13 ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN. WITHIN NINETY DAYS 14 OF THE COMPLETION OF SUCH INVESTIGATION AND STUDY, THE NEW YORK STATE 15 OFFICE OF HOMELAND SECURITY SHALL COMPLETE AND DELIVER, TO THE CHAIR OF 16 THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILI- 17 TARY AFFAIRS AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERN- 18 MENTAL OPERATIONS, A REPORT ON SUCH INVESTIGATION AND STUDY, CONTAINING 19 RECOMMENDATIONS TO THE LEGISLATURE ON THE ESTABLISHMENT OF A NEW YORK 20 STATE PUBLIC SECURITY EVACUATION PROGRAM. SUCH RECOMMENDATIONS SHALL 21 INCLUDE WHAT MEASURES NEED TO BE TAKEN BY NEW YORK STATE TO ESTABLISH 22 SUCH A PROGRAM, WHAT LAWS SHOULD BE AMENDED OR ADDED TO ESTABLISH SUCH A 23 PROGRAM, AND WHAT FISCAL RESOURCES WOULD NEED TO BE APPROPRIATED AND 24 EXPENDED, IF ANY, TO ESTABLISH SUCH A PROGRAM. 25 S 722. DISASTER PREPAREDNESS PLAN PROGRAM. THE NEW YORK STATE OFFICE 26 OF HOMELAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND 27 STUDY ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE DISASTER 28 PREPAREDNESS PLAN PROGRAM. SUCH INVESTIGATION AND STUDY SHALL BE 29 COMPLETED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN. WITHIN 30 NINETY DAYS OF THE COMPLETION OF SUCH INVESTIGATION AND STUDY, THE NEW 31 YORK STATE OFFICE OF HOMELAND SECURITY SHALL COMPLETE AND DELIVER, TO 32 THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURI- 33 TY AND MILITARY AFFAIRS AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE 34 ON GOVERNMENTAL OPERATIONS, A REPORT ON SUCH INVESTIGATION AND STUDY, 35 CONTAINING RECOMMENDATIONS TO THE LEGISLATURE ON THE ESTABLISHMENT OF A 36 NEW YORK STATE DISASTER PREPAREDNESS PLAN PROGRAM. SUCH RECOMMENDATIONS 37 SHALL INCLUDE WHAT MEASURES NEED TO BE TAKEN BY NEW YORK STATE TO ESTAB- 38 LISH SUCH A PROGRAM, WHAT LAWS SHOULD BE AMENDED OR ADDED TO ESTABLISH 39 SUCH A PROGRAM, AND WHAT FISCAL RESOURCES WOULD NEED TO BE APPROPRIATED 40 AND EXPENDED, IF ANY, TO ESTABLISH SUCH A PROGRAM. 41 S 723. ACADEMIC CHAIR FOR THE STUDY OF TERRORISM AND HOMELAND SECURI- 42 TY. 1. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT. TERRORISM HAS 43 EMERGED AS THE MORTAL ENEMY OF DEMOCRATIC INSTITUTIONS WORLDWIDE AND IT 44 INFECTS AND DISTORTS WORLD SECURITY, COMMERCE AND FREEDOM. IT HAS FORGED 45 UNHOLY ALLIANCES WITH CRIMINAL ORGANIZATIONS AND LINKS TO OUTLAW STATES. 46 IT IS RUTHLESS, INHUMAN AND DEADLY, DEMONSTRATING A CONTEMPT FOR THE 47 BASIC VALUE OF HUMAN LIFE AND CIVILIZATION. 48 WITH THE INTERNATIONALIZATION OF TERRORISM, THE CHALLENGE POSED TO OUR 49 MILITARY, LAW ENFORCEMENT AND GENERAL SOCIETY HAS GROWN EXPONENTIALLY. 50 THE STRATEGIES AND TACTICS DEVELOPED TO COMBAT TERRORISM ARE DYNAMIC AND 51 EVER CHANGING, REQUIRING A THOUGHTFUL AND REGULAR STUDY, EXAMINATION AND 52 REVIEW, IN ORDER TO BUILD THE CAPABILITIES NEEDED TO MEET THIS ONGOING 53 CHALLENGE. WE MUST DEVELOP THE MILITARY, LEGAL AND STRATEGIC FRAMEWORKS 54 WITH WHICH THOSE CHARGED WITH FIGHTING THE WAR ON TERROR MAY EFFECTIVELY 55 DEPLOY. THIS IS A MATTER OF THE GREATEST URGENCY. WE DO NOT HAVE THE 56 LUXURY OF TAKING TIME TO ANALYZE AND STUDY. WE ARE ALREADY IN A MORTAL A. 8981 5 1 CONFRONTATION THAT THREATENS PEACE, PROSPERITY AND PUBLIC CONFIDENCE. 2 WE MUST PROTECT OUR PEOPLE AND OUR INSTITUTIONS. 3 ONCE AGAIN, NEW YORK WILL EXERCISE LEADERSHIP BY CREATING AN ENDOWED 4 CHAIR IN TERRORISM AND HOMELAND SECURITY WITHIN THE STATE UNIVERSITY OF 5 NEW YORK. THIS INSTITUTION WILL PROVIDE A FORUM FOR STUDY AND DELIBER- 6 ATION ON THE DEFEAT OF TERRORISM AND THE PROMOTION OF HOMELAND SECURITY 7 WITH THE GOAL OF CONTRIBUTING TO THE DEVELOPMENT OF STRATEGIES AND 8 SOLUTIONS. 9 2. ACADEMIC CHAIR TO STUDY TERRORISM AND HOMELAND SECURITY. THERE IS 10 HEREBY ESTABLISHED WITHIN THE STATE UNIVERSITY OF NEW YORK, AN ACADEMIC 11 CHAIR TO STUDY TERRORISM AND HOMELAND SECURITY. SUCH CHAIR SHALL ORGAN- 12 IZE CONFERENCES AND SEMINARS, DEVELOP TRAINING PROGRAMS FOR LAW ENFORCE- 13 MENT OFFICERS, PUBLISH ITS PROCEEDINGS AND MAINTAIN A LIBRARY. THE CHAN- 14 CELLOR AND TRUSTEES OF THE STATE UNIVERSITY SHALL APPOINT A PERSON WELL 15 QUALIFIED BY EDUCATION AND EXPERIENCE TO ADMINISTER THE PROGRAM OF SUCH 16 CHAIR. SUCH CHAIR SHALL BE AUTHORIZED TO ESTABLISH A DEVELOPMENT PROGRAM 17 TO BUILD ITS OWN ENDOWMENT. 18 S 6. The sum of three hundred fifty thousand dollars ($350,000), or so 19 much thereof as may be necessary, is hereby appropriated to the state 20 university of New York from any moneys in the state treasury in the 21 general fund to the credit of the state purposes account not otherwise 22 appropriated for the purposes of carrying out the provisions of section 23 723 of the executive law, as added by section five of of this act. Such 24 sum shall be payable on the audit and warrant of the state comptroller 25 on vouchers certified or approved by the commissioner of education, or 26 his or her duly designated representative in the manner provided by law. 27 No expenditure shall be made from this appropriation until a certificate 28 of approval of availability shall have been issued by the director of 29 the budget and filed with the state comptroller and a copy filed with 30 the chairman of the senate finance committee and the chairman of the 31 assembly ways and means committee. Such certificate may be amended from 32 time to time by the director of the budget and a copy of each such 33 amendment shall be filed with the state comptroller, the chairman of the 34 senate finance committee and the chairman of the assembly ways and means 35 committee. 36 S 7. This act shall take effect immediately, except that sections one, 37 two and three of this act shall take effect on the first of June next 38 succeeding the date on which this act shall have become a law.