S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5307

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law, in relation to  additional  standards
  and requirements for evacuation plans for disaster-related emergencies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 23 of the executive law, as amended by section 4 of
part B of chapter 56 of the laws of 2010, is amended to read as follows:
  S 23. Local comprehensive emergency management plans. 1. Each  county,
except  those contained within the city of New York, and each city, town
and village is authorized to prepare comprehensive emergency  management
plans. The disaster preparedness commission shall provide assistance and
advice  for  the development of such plans. City, town and village plans
shall be coordinated with the county plan.
  2. The purpose of such plans shall be to minimize the effect of disas-
ters by (i) identifying appropriate local measures to prevent disasters,
(ii) developing mechanisms to coordinate the use of local resources  and
manpower  for  service  during  and  after disasters and the delivery of
services to aid citizens and reduce human  suffering  resulting  from  a
disaster,  and  (iii)  providing  for  recovery  and redevelopment after
disasters.
  3. Plans for coordination of resources, manpower  and  services  shall
provide  for  a  centralized  coordination and direction of requests for
assistance.
  4. Plans for coordination of assistance shall provide for  utilization
of existing organizations and lines of authority.
  5.  In  preparing such plans, cooperation, advice and assistance shall
be sought from local government officials, regional and  local  planning
agencies,  police  agencies,  fire departments and fire companies, local
emergency  management  agencies,  commercial  and  volunteer   ambulance

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11298-01-1
              

S. 5307                             2

services, health and social services officials AND ORGANIZATIONS, commu-
nity  action  agencies, the chief administrator of the courts, organiza-
tions for the elderly and [the handicapped,] PEOPLE  OF  ALL  AGES  WITH
DISABILITIES,  CHILDCARE  ORGANIZATIONS,  TRANSPORTATION  ORGANIZATIONS,
TELECOMMUNICATIONS ORGANIZATIONS AND RELEVANT  STATE  AND  LOCAL  PUBLIC
AUTHORITIES, other interested groups and the general public. Such advice
and  assistance  may  be obtained through public hearings held on public
notice, or through other appropriate methods.
  6.  IN THE EVENT THAT ANY PART OF  A  COUNTY'S  DISASTER  PREPAREDNESS
EVACUATION  PLAN  IS NOT CONSISTENT WITH A NEIGHBORING COUNTY'S DISASTER
PREPAREDNESS EVACUATION PLAN, THE COMMISSION SHALL WORK WITH  THE  COUN-
TIES TO RESOLVE SUCH INCONSISTENCIES.
 7.  All plans for comprehensive emergency management developed by local
governments or any revisions thereto shall be submitted to  the  commis-
sion  by  December thirty-first of each year to facilitate state coordi-
nation of disaster operations.
  [7.] 8. Such plans shall include, but not be limited to:
  a. Disaster prevention and mitigation. Plans to prevent  and  minimize
the effects of disasters shall include, but not be limited to:
  (1) identification of hazards and assessment of risk;
  (2) recommended disaster prevention and mitigation projects, policies,
priorities  and programs, with suggested implementation schedules, which
outline federal, state and local roles;
  (3) suggested revisions and additions to building and safety codes and
zoning and other land use programs;
  (4) such other measures as reasonably can be taken to  protect  lives,
prevent disasters, and reduce their impact.
  b.  Disaster  response.  Plans  to coordinate the use of resources and
manpower for service during and after disasters and to deliver  services
to  aid  citizens  and  reduce human suffering resulting from a disaster
shall include, but not be limited to:
  (1) coordination of resources, manpower and services, using recognized
practices in incident management, utilizing existing  organizations  and
lines of authority and centralized direction of requests for assistance;
  (2)  the  location, procurement, construction, processing, transporta-
tion, storing, maintenance, renovation, distribution, disposal or use of
materials, including those donated, and facilities  and  services  which
may be required in time of disaster;
  (3) a system for warning populations who are or may be endangered;
  (4)  arrangements  for  activating  municipal  and  volunteer  forces,
through normal chains of command so far as possible, and  for  continued
communication and reporting;
  (5)  a specific plan for rapid and efficient communication and for the
integration of local communication facilities during a disaster  includ-
ing the assignment of responsibilities and the establishment of communi-
cation priorities and liaison with municipal, private, state and federal
communication facilities;
  (6) a plan for coordination evacuation procedures including the estab-
lishment of temporary housing and other necessary facilities;
  (7)  criteria for establishing priorities with respect to the restora-
tion of vital services and debris removal;
  (8) plans for the continued effective operation of the civil and crim-
inal justice systems;
  (9) provisions for training local government personnel and  volunteers
in disaster response operations;
  (10) providing information to the public;

S. 5307                             3

  (11) care for the injured and needy and identification and disposition
of the dead;
  (12)  utilization  and  coordination  of programs to assist victims of
disasters, with particular attention to  the  needs  of  the  poor,  the
elderly,  individuals  with  disabilities  and other groups which may be
especially affected;
  (13) control of ingress and egress to and from a disaster area;
  (14) arrangements to administer state and federal disaster assistance;
  (15) procedures under which the county, city, town, village  or  other
political subdivision and emergency organization personnel and resources
will be used in the event of a disaster;
  (16)  a  system  for  obtaining  and coordinating disaster information
including the centralized  assessment  of  local  disaster  effects  and
resultant needs;
  (17) continued operation of governments of political subdivisions; and
  (18)  utilization  and  coordination of programs to assist individuals
with household pets and  service  animals  following  a  disaster,  with
particular  attention to means of evacuation, shelter and transportation
options.
  c. Recovery. Local plans to provide  for  recovery  and  redevelopment
after disasters shall include, but not be limited to:
  (1)  recommendations for replacement, reconstruction, removal or relo-
cation of damaged or destroyed public or  private  facilities,  proposed
new  or  amendments  to  zoning, subdivision, building, sanitary or fire
prevention regulations and recommendations for economic development  and
community  development  in order to minimize the impact of any potential
future disasters on the community.
  (2) provision for cooperation  with  state  and  federal  agencies  in
recovery efforts.
  (3)  provisions for training and educating local disaster officials or
organizations in the preparation of applications for federal  and  state
disaster recovery assistance.
  9.  THE  COMMISSION  SHALL  ANNUALLY  REVIEW ALL DISASTER PREPAREDNESS
PLANS TO MAKE SURE THAT SUCH PLANS CONFORM WITH ALL OF THE PROVISIONS OF
THIS ARTICLE.
  S  2.  If  any  item,  clause,  sentence,  subparagraph,  subdivision,
section,  or  any  other part of this act, or the application thereof to
any person or circumstances, is held to be invalid, such  holding  shall
not  affect,  impair,  or  invalidate  the remainder of this act, of the
application of such section or part of a section held  invalid,  to  any
other person or circumstances, but shall be confined in its operation to
the item, clause, sentence, subparagraph, subdivision, section, or other
part of this act directly involved in such holding, or to the person and
circumstances therein involved.
  S 3. This act shall take effect immediately.