Legislation
SECTION 20
Natural and man-made disasters; policy; definitions
Executive (EXC) CHAPTER 18, ARTICLE 2-B
§ 20. Natural and man-made disasters; policy; definitions. 1. It shall
be the policy of the state that:
a. local government and emergency service organizations continue their
essential role as the first line of defense in times of disaster, and
that the state provide appropriate supportive services to the extent
necessary;
b. local chief executives take an active and personal role in the
development and implementation of disaster preparedness programs and be
vested with authority and responsibility in order to insure the success
of such programs;
c. state and local natural disaster and emergency response functions
be coordinated using recognized practices in incident management in
order to bring the fullest protection and benefit to the people;
d. state resources be organized and prepared for immediate effective
response to disasters which are beyond the capability of local
governments and emergency service organizations; and
e. state and local plans, organizational arrangements, and response
capability required to execute the provisions of this article shall at
all times be the most effective that current circumstances and existing
resources allow.
2. As used in this article the following terms shall have the
following meanings:
a. "disaster" means occurrence or imminent, impending or urgent threat
of wide spread or severe damage, injury, or loss of life or property
resulting from any natural or man-made causes, including, but not
limited to, fire, flood, earthquake, hurricane, tornado, high water,
landslide, mudslide, wind, storm, wave action, volcanic activity,
epidemic, disease outbreak, air contamination, terrorism, cyber event,
blight, drought, infestation, explosion, radiological accident, nuclear,
chemical, biological, or bacteriological release, water contamination,
bridge failure or bridge collapse.
b. "state disaster emergency" means a period beginning with a
declaration by the governor that a disaster exists and ending upon the
termination thereof.
c. "municipality" means a public corporation as defined in subdivision
one of section sixty-six of the general construction law and a special
district as defined in subdivision sixteen of section one hundred two of
the real property tax law.
d. "commission" means the disaster preparedness commission created
pursuant to section twenty-one of this article.
e. "emergency services organization" means a public or private agency,
voluntary organization or group organized and functioning for the
purpose of providing fire, medical, ambulance, rescue, housing, food or
other services directed toward relieving human suffering, injury or loss
of life or damage to property as a result of an emergency, including
non-profit and governmentally-supported organizations, but excluding
governmental agencies.
f. "chief executive" means:
(1) a county executive or manager of a county;
(2) in a county not having a county executive or manager, the chairman
or other presiding officer of the county legislative body;
(3) a mayor of a city or village, except where a city or village has a
manager, it shall mean such manager; and
(4) a supervisor of a town, except where a town has a manager, it
shall mean such manager.
g. "Disaster emergency response personnel" means agencies, public
officers, employees, or affiliated volunteers having duties and
responsibilities under or pursuant to a comprehensive emergency
management plan.
h. "Emergency management director" means the government official
responsible for emergency preparedness, response and recovery for a
county, city, town, or village.
i. "incident management team" means a state certified team of trained
personnel from different departments, organizations, agencies, and
jurisdictions within the state, or a region of the state, activated to
support and manage major and/or complex incidents requiring a
significant number of local, regional, and state resources.
j. "executive level officer" means a state agency officer with the
authority to deploy agency assets and resources and make decisions
binding a state agency.
k. "third party non-state resources" means any contracted resource
that is not owned or controlled by the state or a political subdivision
including, but not limited to, ambulances, construction crews, or
contractors.
be the policy of the state that:
a. local government and emergency service organizations continue their
essential role as the first line of defense in times of disaster, and
that the state provide appropriate supportive services to the extent
necessary;
b. local chief executives take an active and personal role in the
development and implementation of disaster preparedness programs and be
vested with authority and responsibility in order to insure the success
of such programs;
c. state and local natural disaster and emergency response functions
be coordinated using recognized practices in incident management in
order to bring the fullest protection and benefit to the people;
d. state resources be organized and prepared for immediate effective
response to disasters which are beyond the capability of local
governments and emergency service organizations; and
e. state and local plans, organizational arrangements, and response
capability required to execute the provisions of this article shall at
all times be the most effective that current circumstances and existing
resources allow.
2. As used in this article the following terms shall have the
following meanings:
a. "disaster" means occurrence or imminent, impending or urgent threat
of wide spread or severe damage, injury, or loss of life or property
resulting from any natural or man-made causes, including, but not
limited to, fire, flood, earthquake, hurricane, tornado, high water,
landslide, mudslide, wind, storm, wave action, volcanic activity,
epidemic, disease outbreak, air contamination, terrorism, cyber event,
blight, drought, infestation, explosion, radiological accident, nuclear,
chemical, biological, or bacteriological release, water contamination,
bridge failure or bridge collapse.
b. "state disaster emergency" means a period beginning with a
declaration by the governor that a disaster exists and ending upon the
termination thereof.
c. "municipality" means a public corporation as defined in subdivision
one of section sixty-six of the general construction law and a special
district as defined in subdivision sixteen of section one hundred two of
the real property tax law.
d. "commission" means the disaster preparedness commission created
pursuant to section twenty-one of this article.
e. "emergency services organization" means a public or private agency,
voluntary organization or group organized and functioning for the
purpose of providing fire, medical, ambulance, rescue, housing, food or
other services directed toward relieving human suffering, injury or loss
of life or damage to property as a result of an emergency, including
non-profit and governmentally-supported organizations, but excluding
governmental agencies.
f. "chief executive" means:
(1) a county executive or manager of a county;
(2) in a county not having a county executive or manager, the chairman
or other presiding officer of the county legislative body;
(3) a mayor of a city or village, except where a city or village has a
manager, it shall mean such manager; and
(4) a supervisor of a town, except where a town has a manager, it
shall mean such manager.
g. "Disaster emergency response personnel" means agencies, public
officers, employees, or affiliated volunteers having duties and
responsibilities under or pursuant to a comprehensive emergency
management plan.
h. "Emergency management director" means the government official
responsible for emergency preparedness, response and recovery for a
county, city, town, or village.
i. "incident management team" means a state certified team of trained
personnel from different departments, organizations, agencies, and
jurisdictions within the state, or a region of the state, activated to
support and manage major and/or complex incidents requiring a
significant number of local, regional, and state resources.
j. "executive level officer" means a state agency officer with the
authority to deploy agency assets and resources and make decisions
binding a state agency.
k. "third party non-state resources" means any contracted resource
that is not owned or controlled by the state or a political subdivision
including, but not limited to, ambulances, construction crews, or
contractors.