Relates to the funding of evacuation plans for weather-related emergencies; establishes the state disaster preparedness fund.
TITLE OF BILL: An act to amend the executive law, in relation to additional standards and requirements for evacuation plans for disaster-related emergencies
PURPOSE: This bill seeks to ensure that every county, city, town and village in New York State takes the proper steps to prepare an evacuation plan for disasters.
SUMMARY OF SPECIFIC PROVISIONS: This bill would amend the Executive Law to require the establishment of standards and requirements for evacuation plans for disaster-related emergencies. Specifically. this bill would:
* Add several transportation operators, childcare organizations, the Red Cross, telecommunications companies, hospitals, nursing homes and relevant public authorities to the list of entities whose cooperation and possible appearance at public hearings is necessary for the proper preparation of disaster evacuation plans.
* Would require that a county's plan is consistent with a neighboring county's plan to make sure that the evacuation is successful.
* Would require that the disaster preparedness commission annually review all disaster preparedness plans.
JUSTIFICATION: Public hearings held on disaster preparedness in New York State, including New York City's evacuation planning for weather-related emergencies and Indian Point nuclear facility's evacuation plan, have revealed major inadequacies in the existing evacuation plans.
It is imperative that every county, city, town and village have the resources to undertake a thorough analysis of the potential risks associated with a disaster and take steps to protect the residents of New York.
This legislation is carefully crafted to provide comprehensive protections to safely evacuate residents during evacuations.
PRIOR LEGISLATIVE HISTORY:.. 2008 - S.3802 - Referred to Veterans, Homeland Security and Military Affairs 2010 - S. 5090 - Referred to Veterans, Homeland Security and Military Affairs 2012 - S. 5307 - Referred to Veterans, Homeland Security and Military Affairs
FISCAL IMPLICATIONS: None Noted.
EFFECTIVE DATE: This act would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2571 2013-2014 Regular Sessions IN SENATE January 22, 2013 ___________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 ambulanceEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07283-01-3 S. 2571 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. 2571 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.