ML20207D817
| ML20207D817 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/14/1988 |
| From: | AFFILIATION NOT ASSIGNED |
| To: | |
| References | |
| OL-3-A-035, OL-3-A-35, NUDOCS 8808160123 | |
| Download: ML20207D817 (29) | |
Text
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.2-A Bdtd, Partd u m.
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Disp 31!R.
ReleciH ARTICII2-BCSTfiE AND LOCAL NATURAIB8AMD 11 PS:51 l crim.
in THE MATTER Or: MAN-MADE DISASTER PREPAREDNESS
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n inn i__u-gp O
hafe disasters; policy; definition'
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, a re.
,y m.
20Nh!CNhtural a l
'hte-s.
- .s44Ai21._____ Disaster-prep 4Tedness commission established; meetings ; pow-
~~
QQes:
ers and duties.
twa l n n, 22.
State disaster preparedness plans.
23.
Local disaster preparedness plans, t
24.
Local state of emergency; local emergency orders by chief exec-l utive.
Use of local government resources in a disaster.
26.
Coordination of local disaster preparedness forces and local civil defense forces in disasters.
27.
Continuity of local governments.
28.
State declaration of disaster emergency.
28-a. Post disaster recovery planning.
29.
Direction of state agency assistance in a disaster emergency.
29-a. Suspension of other laws.
29-b. Use of civil defense forces in disasters.
29-c. Radiological preparedness, 29-d. Reports.
9 20.
Natural and man made disasters; polley; definitions 1.
It shall be the policy of the state that :
j a.
local government and emergency service organizations continue their essential role asThTf!Tn line oI defense in times of disaster, and that the state provide appropriate supportive services to the extent necessary; I
b.
local chief executives take an active and personal role in i
the development'aHa~ifRpterhentation of disaster preparedness l
programs and be vested with authority and responsibility in order l
to insure the success of such programs; c.
state and local natural disaster and emergency response functions be coordinated 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
. (
state and local plans, organizational arrangements, and re-e.
sponse capability required to execute the provisions of this arti-l cle shall at all times be the most effective that current circum-stances and existing resources allow.
l 88o8160123 880714 21 PDR ADDCK 05000322 G
l 9 20 EXECUTIVE LAW A rt. 2-8 t
2.
As used in this article the following terms shall have the following meanings:
a.
"disaster" means occurrence or imminent threat of wide spread or severe damage, injury, or loss of life or property re.
sulting 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, air contamination, blight, drought, infestation, explo-sion, radiol _ogical.accide.nt or water contamination.
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.
"cominission" means the disaster preparedness commis-sion created pursuant to section twenty-one of this article, "eggency_ services organization" means a public or pri-e.
vate agency, organization or group organized and'Ttinctio~nidg 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-sup-ported 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.
l 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 man-ager, it shall mean such manager.
Added L.1978, c. 640, s 3.
Historical Note Effective Date. Section effective ters often caused or cominninded by Apr.1.1070 puranant to L.1978, c.
niankind's own nets, enne low of g40, g 7, life, property and Incoine, disrupt the Legislative Findings. Section 1 of nornial fonetton of govenunent. mne p
"'"I b""
I,,1078, c. fMO, provideil:
"The legislature hereby finds and great human suffering.,Thi
,(,g ia declares that a wide variety of dl8ns.
ture further finds that it must pro-22
(
Art. 2-D Art. 2-B DISASTER PREPAREDNESS 21 Shall have the vide for preparations to prevent.
state and it.s political subdivisions ny meet, defend again<t anI recove r the integration of their tuttural disa<-
from, dangers ami problem < arising ter ami peacetime emergency re-hreat of wide from these emergencies with the sponse fonctions with the civil de.
least poulble intederenw whh d H' fense progra nn thus utHizing local r property re-existing division of the powers of the no ernment and emergency services uding, but not government.
organizations for response to both lo, high water, "The legislature finds timt a joint naturni and manmade disaster and to ef fort, public and private. Is needed
- attack, canic acM. -y, to mohllize the resources of individu-
"The._legi<la t u re find < that local station, explo-al<, hosines<, Inbor, aurieniture, and dl< aster preparedness plans are e<-
government at every level-federal.
seatta!,in order to minimize potential state amUgal--for effective organi-disasters and their effects. provide eginning with zate repar-for and meet natu-for effective ' local re ponses when ts and ending ral ami man made disasters of all disasters occur and facilitate local
- kinds, regnery.
Ttw legislature further "The legislature finds that the ifinds that local plans constitute an as defined in state must give leadership and direc-f e<sential part of the state. vide disas-I constrtlCtion tion to this important task of estab-, ter preparedness program and that lishing an emergency disaster prepar-without local disaster planning, no lon sixteen of edness prograin for the protection of state disaster program can he fully r.
each person in the state.
. ef fective."
"The legislature finds that a mu-Iness commis-tual benefit can he derived by the irticle.
'public or pri-New York Codes, Rules and Regulations r' '11nctioning Natural disaster and civil defense, see 9 NWitit l' art.~,05 et seq.
i}ance, rescue,
!ieving human 21.
Disaster preparedness commission established; meet-rty as a result imentally-sup-ings; powers and duties gencies.
1.
There is hereby created in the executive department a dis-aster preparedness commission consisting of the commissioners of transportation, health, state energy office, division of crimi-nal justice services, education, social services, commerce, agricul-or manager, ture and markets, housing and community renewal, general serv-ity legislative ices, and environmental conservation, the superintendent of state police, the secretary of state, the state fire administrator, the city or v.llage chairman of the public service commission, the industrial com-i missioner, the chief of staff to the governor, and three additional n has a man-members, to be appointed by the governor, two of whom shall be chief executives. The governor shall designate the chairman of the commission. The members of the commission, except those who serve ex officio, shall be allowed their actual and necessary expenses incurred in the performance of their duties under this punisnmded by article but shall receive no additional compensation for services
(
' " '" 1"s * "f rendered pursuant to this article.
4,ne, dierupt the overnnient. com-2.
The commission, on call of the chairman, shall meet at least twice each year and at such other times as may be neces-
'l l
.e i 1 -
iat it must pro.
sary.
The agenda and meeting place of all regular meetings te vue, gg 1 409-2 '
23 i
_ - ~. _ _ _ - _
$ 21 EXECUTIVE LAW Art. 2-B shall be made available to the public in advance of such meetings and all such meetings shall be open to the public. The commis-i sion shall establish quorum requirements and other rules and procedures regarding conduct of its meetings and other affairs.
1 The chief of staff to the governor shall serve as secretariat to the commission and provide such staff services as may be neces-sary.
3.
The commission shall have the following powers and re-sponsibilities:
study all aspects of man-made or natural disaster preven-a.
tion, response and recovery; b.
request and obtain from any state or local officer or agen-cy any information necessary to the commission for the exercise of its responsibilities; prepare state disaster preparedness plans, to be approved c.
by the governor, and review such plans and report thereon by March thirty-first of each year to the governor and the legisla-ture.
In preparing such plans, the commission shall consult with federal and local officials, emergency service organizations, and the public as it deems appropriate ;
d.
prepare, keep current and distribute to chief executives and others an inventory of programs directly relevant to preven-tion, minimization of damage, readiness, operations during dis-asters, and recovery following disasters; direct state disaster operations and coordinate state disas-e.
ter operations with local disaster operations following the decla-ration of a state disaster emergency; f.
unless it dcems it unnecessary, create, following the decla-ration of a state disaster emergency, a temporary organization in the disaster area to provide for integration and coordination of efforts among the various federal, state, municipal and pri-vate agencies involved. The commission, upon a finding that a I
municipality is unable to manage local disaster operations, may, with the approval of the governor, direct the temporary organi-l zation to assume direction of the local disaster operations of l
such municipality, for a specified period of time, and in such cases such temporary organization shall assume direction of such local disaster operations, subject to the supervision of the com-mission. In such event, such temporary organization may utilize such municipality's local resources, provided, however, that the state shall not be liable for any expenses incurred in using such municipality's resources.
24
Art. 2-B r,2B DISASTER PREPAREDNESS 22 ich meetings assist in the coordination of federal recovery efforts and g.
1 commis-coordinate recovery assistance by state and private agencies, er rules and ther affairs.
h.
provide for periodic briefings, drills, exercises or other means to assure that all state personnel with direct responsibili-ecretariat t iay be neces-ties in the event of a disaster are fully familiar with response and recovery plans and the manner in which they shall carry out their responsibilities, and coordinate with federal, local or other
. vers and re-state personnel. Such activities may take place on a regional or county basis, and local and federal participation shall be invited tster preven-and encouraged.
i.
submit to the governor and the legislature by March thir-icer or agen-ty-first of each year an annual report which shall include but the exercise need not be limited to:
(1) a summary of commission and state agency activities for the year and plans for the ensuing year with respect to the du-
- "E ties and responsibilities of the commission;
&er y
I the legisla.
(2) recommendations on ways to improve state and local ca-thall consult pabihty to prevent, prepare for, respond to and recover from dis-igtnizations, asters; (3) the status of the state and local plans for disaster prepar-i if executives edness and response, including the name of any locality which has failed or refused to develop and implement its own disaster t to rev ";-
preparedness plan and program, and di j.
coordinate and, to the extent possible and feasible, inte-grate commission activities, responsibilities and duties with i state disas-those of the civil defense commission.
ig the decla-Added L.1978, c. 640, s 3 : amended L.1979, c. 225, A 8.
ig the decla-Historical Note 3rganization sund.i.
Amended 1,.1970, c. 225 Effective Date. Section effative coordination 5 8, ef f. Sept.1,19~9, in wuten& l*"
Apr.1,1979, pursuant to 1,.197N c.
xinning "There is hereby" by inwrt-640,1 7.
pal and pri-ine the state fire administrator".
nding that a ations, may, Library References rary organi-8tates c=e, 67, 73.
c..I.s. states H 79, 80, 82, 120, 121, perations of 139 to 13a,140.
and in such
- tion of such
$ 22.
State disaster preparedness plans of the com-1.
The commission shall prepare a state disaster prepared-( ay utilize ness plan and submit such plan to the governor for approval no ter, that the later than one year following the effective date of this act. The i using such governor shall act upon such plan by July first of that year.
The commission shall review such plans annually.
25
s 22 EXECUTIVE LAW Art. 2-B 2.
The purpose of such plans shall be to minimize the effects of disasters by: (i) identifying appropriate measures to prevent disasters, (ii) developing mechanisms to coordinate the use of I
resources and manpower for service during and after disaster l
emergencies and the delivery of services to aid citizens and re-duce human suffering resulting from a disaster, and (iii) pro-vide for recovery and redevelopment after disaster emergencies.
[
3.
Such plans shall be prepared with such assistance from j
other agencies as the commission deems necesaary, and shall in-I i
clude, but not be limited to:
a.
Disaster prevention. Plans to prevent and minimize the effects of disasters shall include, but not be limited to:
(1) identification of potential disasters and disaster sites; (2) recommended disaster prevention projects, policies, prior-ities and programs, with suggested implementation schedules, which outline federal, state and local roles; (3) suggested revisions and additions to building and safety l
codes, and zoning and other land use programs:
(4) suggested ways in which state agencies can provide tech-l nical assistance to municipalities in the development of local dis-l aster prevention plans and programs; l
(5) such other measures as reasonably can be taken to pre-vent disasters or mitigate their impact.
b.
Disaster response.
Plans to coordinate the use of re-sources and manpower for service during and after disaster emergencies and to deliver services to aid citizens and reduce hu-l man suffering resulting from a disaster emergency shall include, but not be limited to:
J l
(1) centralized coordination of resources, manpower and services, utilizing existing organizations and lines of authority and centralized direction of requests for assistance; i
(2) the location, procurement, construction, processing, trans-i portation, storing, maintenance, renovation, distribution or use i
of materials, facilities and services; (3) a system for warning populations who are or may be en-dangered; (4) arrangements for activating state, municipal and volun-teer forces, through normal chains of command so far as possi-ble and for continued communication and reporting; (5) a specific plan for rapid and efficient communication, and for the integration of state communication facilities during 26
, Art. 2-B Art. 2-B DISASTER PREPAREDNESS 22 Jheeffects a state disaster emergency, including the assignment of respon-( prevent sibilities and the establishment of communication priorities, and the use of liaison with municipal, private and federal communication facili-er disaster ties; ms and re-(6) a plan for coordinated evacuation procedures, including 1 (iii) pro-the establishment of temporary housing and other necessary fa-nergencies, dlities*
- ance from (7) criteria for establishing priorities with respect to the res-id shall in-toration of vital services and debris removal; (8) a plan for the continued effective operation of the crimi-inimize the nal justice system ;
(9) provisions for training state and local government per-sites; sonnel and volunteers in disaster response operations;
.cies, prior-(10) providing information to the public; schedules, (11) care for the injured and needy and identification and disposition of the dead; and safety (12) utilization and coordination of programs to assist vic-tims of disasters, with particular attention to the needs of the ovide tech-poor, the elderly, the handicapped, and other groups which may i acal dis-be especially affected; (13) control of ingress and egress to and from a disaster area; ken to pre-(14) arrangements to administer federal disaster assistance; and use of re-(15) a system for obtaining and coordinating disaster infor-
- er disaster mation including the centralized assessment of disaster effects
! reduce hu-and resultant needs.
ball include' c.
Recovery. Plans to provide for recovery and redevelop-ment after disaster emergencies shall include, but not be limited power and to-
.f authority (1) measures to coordinate state agency assistance in recov-ery efforta; sn, a"
- 2) arrangements to administer federal recovery assistance; y use (3) such other measures as reasonably can be taken to assist may be en-n the development and implementation of local disaster recovery plans.
ou Added L.1978, c. 640, % 3.
Historical Note mdnication, Effective Date. Section effective ities during k['7,
. ment to TmM. n n
@ 22 EXECUTIVE LAW Art. 2-B i
Library References States Gm73.
(*..I.S. States H 130 to 130,140.
s 23.
Local disaster preparedness plans 1.
Each county, except those contained within the city of New York, and each city is authorized to prepare disaster pre-paredness plans.
The disaster preparedness commission shall provide assistance and advice for the development of such plans.
2.
The purpose of such plans shall be to minimize the effect of disasters by (i) identifying appropriate local measures to pre-vent 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.
l 3.
Plans for coordination of resources, manpower and serv-ices shall provide for a centralized coordination and direction of requests for assistance.
4.
Plans for coordination of assistance shall provide for utili-zation of existing organizations and lines of authority.
In preparing such plans, cooperation, advice and assist-o.
ance shall be sought from local government officials, regional and local planning agencies, police agencies, fire departments and fire companies, local civil defense agencies, commercial and volunteer ambulance services, health and social services officials, l
community action agencies, organizations for the elderly and the l
handicapped, other interested groups and the general public.
Such advice and assistance may be obtained through public hear-ings held on public notice, or through other appropriate meth-ods.
l l
6.
All plans for disaster preparedness developed by local gov-ernments or any revisions thereto shall be submitted to the com-mission by December thirty-first of each year to facilitate state coordination of disaster operations, 7.
Such plans shall include, but not be limited to :
a.
Disaster prevention.
Plans to prevent and minimize the effects of disasters shall include, but not be limited to:
(1) identification of potential disasters and disaster sites; l
i (2) recommended disaster prevention projects, policies, prior-I ities and programs, with suggested implementation schedules, I
l which outline federal, state and local roles; 28
, Art. 2-B Art. 2-B DISASTER PREPAREDNESS 23 (3) suggested revisions and additions to building and safety
/
,, 14 0.
codes and zoning and other land use programs; (4) such other measures as reasonably can be taken to pre-vent disasters or mitigate their impact.
te city of b.
Disaster response.
Plans to coordinate the use of re-sources and manpower for service during and after disasters aster pre-
.sion shall and to deliver services to aid citizens and reduce human suffer-uch plans.
ing resulting from a disaster shall include, but not be limited to:
(1) centralized coordination of resources, manpower and the effect services, utilizing existing organizations and lines of authority res to pre-and centralized direction of requests for assistance; ste the use and after (2) the location, procurement, construction, processing, trans-tnd reduce portation, storing, maintenance, renovation, distribution or use providing of materials, facilities and services which may be required in time of disaster; (3) a system for warning populations who are or may be en-and serv-
' irection of dangered; (4) arrangements for activating municipal and volunteer forces, through normal chains of command so far as possible, for utill-and for continued communication and reporting; t
(5) a specific plan for rapid and efficient communication and and assist-for the integration of local communication facilities during a
,s, regional disaster including the assignment of responsibilities and the es-epartments tablishment of communication priorities and liaison with munici-nercial and pal, private, state and federal communication facilities;
's officials.
2 (6) a plan for coordination evacuation procedures including rly and the tral public.
the establishment of temporary housing and other necessary facil-
>ublic hear-ities ;
riate meth.
(7) criteria for establishing priorities with respect to the res-toration of vital services and debris removal; y local gov.
(8) a plan for the continued effective operation of the criminal to the com-justice system; ilitate state (9) provisions for training local government personnel and volunteers in disaster response operations; (10) providinginformation to the public; iinimize the (11) care for the injured and needy and identification and disposition of the dead; k sites; (12) utilization and coordination of programs to assist victims
- igies, prior-of disasters, with particular attention to the needs of the poor, 1 schedules, the elderly, the handicapped, and other groups which may be es-pecially affected; 29
s 23 EXECUTIVE LAW A rt. 2-B (13) control of ingress and egress to and from a disaster area; (14) arrangements to administer state and federal disaster assistance; I
(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 obtainine and coordinating disaster infor-mation including the centralizeci assessment of local disaster ef-fects and resultant needs; and (17) continued operation of governments of political subdivi-sions.
c.
Recovery. Local plans to provide for recovery and rede-velopment after disasters shall include, but not be limited to:
(1) reconmendations for replacement, reconstruction, remov-al or relocation of damaged or destroyed public or private facili-ties, proposed new or amendments to zoning, subdivision, build-ing, sanitary or fire prevention regulations and recommenda-tions 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 (3) provisions for training and educating local disaster offi-cials or organizations in the preparation of applications for fed-I eral and state disaster recovery assistance.
Added L.1978, c. 640, s 3.
j t
Historical Note Effective Date. Section effectim I
Apr.1,1979, pursuant to 1,.1978. c.
fHo, A 7.
\\
E Library Referem a
Countien c=W1 %.
c..I.S. Counties i 40.
t
.\\lunicipal Corimrations C=c7.
C..l.8..Tjunicipal Corporations i IW et mi.
s 24.
Local state of emergency; local emergency orders by chief executive e
1.
Notwithstanding any inconsistent provision of law, gener-e al or special, in the event of a disaster, rioting, catastrophe, or c
similar public emergency within the territorial limits of any 30
A rt. 2-B a disaster county, city, town or village, or in the event of reasonable appre-hension of immediate danger thereof, and upon a finding by the chief executive thereof that the public safety is imperiled there-ral disaster by, such chief executive may proclaim a local state of emergency within any part or all of the territorial limits of such local gov-n, village or ernment; provided, however f-at in the event of a radiological m personnel accident as defined in sectier, ts.enty-nine-c of this article, such chief executive may request a che governor a declaration of dis-aster emergency.
Following such proclamation and during the dis ste ef-continuance of such local state of emergency, the chief executive may promulgate local emergency orders to protect life and prop-erty or to bring the emergenc.$ situation under control. Such ical subdtvi-orders may, within any part or all of the territorial limits of such local government, provide for:
l y and rede-the establishment of a curfew and the prohibition and con-a.
! ted to:
trol of pedestrian and vehicular traffic, except essential emer-tion, remov-gency vehicles and personnel;
' ivate facili-b.
the designation of specific zones within which the occupan-
.ision, build-cy and use of buildings and the ingress and egress of vehicles
, ecommenda-and persons may be prohibited or regulated; ebpment in
- 1. disasters the regulation and closing of places of amusement and as-c.
sembly; d.
the suspension or limitation of the sale, dispensing, use or ral agencies transportation of alcoholic beverages, firearms, explosives, and f!ammable materials and liquids; l isaster offi-the prohibition and control of the presence of persons on e.
ons for fed-public streets and places ;
f.
the suspenoon within any part or all of its territorial lim-its of any of its' local laws. ordinances or regulations, or parts thereof subject to federal and state constitutional, statutory and regulatory limitations, which may prevent, hinder, or delay nec-essary action in coping with a disaster or recovery therefrom whenever (1) a request has been made pursuant to subdivision seven of this section, or (2) whenever the governor has declared a state disaster emergency pursuant to section twenty-eight of this article. Suspension of s.ny local law, ordinance or regula-
,onaions
- u tion pursuant to this paragraph shall be subject to the following l
standards and limits:
(i) no suspension shall oe made for a period in excess of five
}. ordsrs by days, provided, however, that upon reconsideration of all the re!-
avant facts and circumstances, a suspension may be extended for
) law, gener-additional periods not to exceed five days each during the pen-
) istrophe, or dency of the state of emergency; nits of any 31
Y s 24 EXECUTIVE LAW Art. 2-B (ii) no suspension shall be made which does not safeguard the health and welfare of the public and which is not reasonat:
necessary to the disaster effort; (iii) any such suspension order shall specify the locallaw, or-dinance or regulation, or part thereof suspended and the terms and conditions of the susp nsion; (iv) the orcer may provide for such suspension only under particular circumstances, and may provide for the alteration or modification of the requirements of such local law, crdinance or regulation suspended, and may include other terms and condi-tions; (v) any such suspension order shall provide for the minimum deviation from the requirements of the local law, ordinance or l
regulation suspended consistent with the disaster action deemed necessary; and (vi) when practicable, specialists shall be assigned to assist with the related emergency actions to avoid adverse effects re-sulting from such suspension.
2.
A local emergency order shall be effective from the time and in the manner prescribed in the order and shall be published as soon as practicable in a newspaper of general circulation in the area affected by such order and transmitted to the radio and television media for publication and broadcast.
Such orders may be amended, modified and rescinded by the chief executive during the pendency or existence of the state of emergency.
Such orders shall cease to be in effect five days after promulga-tion or upon declaration by the chief executive that the state of emergency no longer exists, whichever occurs sooner. The chief executive nevertheless, may extend such orders for additional periods not to exceed five days each during the pendency of the local state of emergency.
3.
The local emergency orders of a chief executive of a coun-ty shall be executed in triplicate and shall be filed within seven-ty-two hours or as soon thereafter as practicable in the office of the clerk of the governing board of the county, the office of the county clerk and the office of the secretary of state. The local emergency orders of a chief executive of a city, towm or village shall be executed in triplicate and shall be filed within seventy-two hours or as soon thereafter as practicable in the office of the clerk of such municipal corporation, the office of the county clerk and the office of the secretary of state.
4.
Nothing in this section shall be deemed to limit the power of any local government to confer upon its chief executive any additional duties or responsibilities deemed appropriate.
32
l Art. 2-B Art. 2-B DISASTER PREPAREDNESS 24
' (hard the 5.
Any person who knowingly violates any local emergency
,onably order of a chief executive promulgated pursuant to this section is guilty of a class B misdemeanor.
i.1 law, or-6.
Whenever a local state of emergency is declared by the
! the terms chief executive of a local government pursuant to this section, the chief executive of the county in which such local state of 11y under emergency is declared, or where a county is wholly contained
! ration or within a city, the mayor of such city, may request the governor inance or to remove all or any number of sentenced inmates from institu-nd condi.
tions maintained by such county in accordance with section nine-l ty-three of the correction law.
minimum 7.
Whenever a local state of emergency has been declared l inance or pursuant to this section, the chief executive of the county in i n deemed which the local state of emergency has been declarec, or where a county is wholly contained within a city, the chief executive of to assist the city, may request the governor to provide assistance under
' ffects re-this chapter, provided that such chief executive determines that the disaster is beyond the capacity of local government to meet the time adequately and state assistance is necessary to supplement local
- Slished efforts to save lives and to protect property, public health and acion in safety, or to avert or lessen the threat of a disaster.
, rad,io and 8.
The legislature may terminate by concurrent resolution,
- h orders such emergency orders at any time.
executive Added L.1978, c. 640, f 3, amended L.1981, c. 708, ! 1.
nergency.
romulga-Historical Note istate of Subd. I, opening par. Amended L.
article, such chief executive may re-The chief 1981, c. 708, i 1, eff. July 21,1981, in eluest of the governor a declaration dditional wntence beginning "Notwithstanding of disaster emergency".
any inconsistent" by inserting "; pro-cy of the Effective onte, section efreettve vided, however, that in the event Apr.1,1979, pursuant to L.1978, c.
of a radiological accident as de-P-10, M 7*
.f a coun-fined in satt n twnty nine-c of this n sWen-Library References office of ice of the Municipal Corporations C:=168.
C..I Municipal Corporations j The local
)r village Notes of Decisions s0Venty-Juvenlle curfew 2 office of Power of chief executive i property in his locality, and he is also authorir.ed to use school buses to
( ounty cope with a disaster as long as the school district agrees.
1980 Op.
I.
Power of chief executive Atty. Gen. Dec. 30.
he power The chief executive of a local gov-The chief executive of a county Itive any ernment may declare a state of emer-may unilaterally declare a locul state Kency with respect to state-owned of emergency in a city, town or vil-33
~
^
~ ----
$ 24 EXECUTIVE LAW Art. 2-B lage within the territorial lirnits of authority to enact a juvenile curfew
[
the county without the prior concur-under its police power if the curfew rence of the chief executive of such is necessary for the protection or city, town or village. 1979, Op. Atty, preservation of the public health.
Gen. 21.
safety and welfare and in such in-stance the curfew must be reasonable 2.
Juvenile curfew in relation to the ends sought to be A town has no authority to enact a achieved and should be narrowly juvenile eurfew that holds parents drawn to avoid Infringing on the fun-responsible for their children'a viola-damental rights of juveniles. 1950, e
tion of the curfew but it does have Op. Atty. Gen. (Inf.) Dec.15.
l l
9 25.
Use or local government resources in a disaster.
1.
Upon the threat or occurrence of a disaster, the chief ex-ecutive of any political subdivision is hereby authorized and em-powered to 241d shall use any and all facilities, equipment, sup-plies, personnel and other resources of his political subdivision in such manner as may be necessary or appropriMe to cope with the disaster or any emergency resulting therefrom.
2.
Upon the threat or occurrence of a disaster, a chief execu-tive may request and accept assistance which is coordinated and i
directed by the county chief executive as provided in section twenty-six of this article.
3.
A chief executive may also request and accept assistance from any other political subdivision and may receive therefrom and utilize any real or personal property or the service of any personnel thereof on such terms and conditions as may be mu-tually agreed to by the chief executives of the requesting and as-l sisting political subdivisions, i
4.
Upon the receipt of a request for assistance made pursu-ant to subdivision two or three of this section, the chief executive i
of any political subdivision may give, lend or lease, on such terms and conditions as he may deem necessary to promote the public welfare and protect the interests of such political subdivi-sion, any services, equipment, facilities, supplies or other re-sources of his political subdivicion. Any lease or loan of real or personal property pursuant to this subdivision, or any transfer of personnel pursuant hereto, shall be only for the purpose of as-sisting a political subdivision in emergency relief, reconstruc-tion, or rehabilitation made necessary by the disaster.
j 5.
A political subdivision shall not be liable for any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of any officer or employee in carrying out the provisions of this sec-s tion.
34
Art. 2--B DISASTER PREPAREDNESS 26 Art. 2-B "II", c',,f*$.
6.
The chief executive, when requesting assistance pursuant n fe to this section may request assistance from the civil defense and otection or hlle health disaster preparedness forces of any other political subdivision,
,'"rea$on"at e but only if the civil defense and disaster preparedness forces of ought to be the type being requested have already been activated within the o narrowly political subdivisions requesting assistance. The chief executive
,iie2he[gQ
.f any political subdivision receiving such a request is hereby au-thorized and empowered, subject to the provisions of section twenty six of this article, to respond thereto, ter 7-Any power or authority conferred upon any political sub-division by this section shall be in addition to and not in substi-chief ex.
tution for or limitation of any powers or authority otherwise i and em-vested in such subdivision or any officer thereof.
aent, sup-2bdivision Added L 1978' 640' E 3-cope with Historical Note Effective Date. Section effective l ief execu-Apr.1,1979. pursuant to L.1978, c.
nated and so. 5 7.
in s,ection Ubrary References
(
31unicipal Corporations C=31(N.
C..).S..\\lunicipal Corporations 5 M3.
assistance theiefrom Notes of Decisions ce ci any I.
school buses Ly be mu.
The chief executive of a local gov-also authorized to use school buses to ernment may declare a state of emer-cope with a clisaster as long as the
. ig and as-gency with respect to state-owned school district agrees.
1980, Op.
l property in his locality, and he is Atty. Gen. Dec. 30.
i de pursu-executive s 26.
coordination or local disaster preparedness forces and i, on such local civil defense forces in disasters
' omote the 1.
Upon the threat or occurrence of a disaster, the chief ex-il subdivi-ecutive of a county may coordinate responses for requests for as-ther re-s stance made by the chief executive of any political subdivision of real or within the county.
r transfer 2.
Coordination of assistance shall utilize existing organiza-i se of as-tions and lines of authority and shall utilize any disaster prepar-x nstm.
edness or civil defense plans prepared by the affected municipal-ity.
Inv claim 3.
A chief executive or any elected or appointed county, city, l L. xercit,e town or village official shall not be held responsible for acts or
.rt of any omissions of disasters preparedness forces or civil defense forces this sec-when performing disaster assistance.
Added L.1978, c. 640, i 3 ; amended L.1978, c. 641, 1.
35
F S 26 EXECUTIVE LAW Art. 2-B Historical Note Subd.l. Amended L 1978, c. M1,1 Effective Date. Section effective 1, eff. Apr.1,1979, by substituting Apr.1, 1979, pu rsuant to L.1978, c.
"of any political" for "or any politi-MO, A 7.
cal".
Library References Counties C=21%.
CJ.S. Counties 5 49.
Notes of Decisions 1.
Immunity from liability where the immunity provisions of Employees may be entitled to in-this article do not apply, local execu.
demnification under General.\\funlel-tives, officers and employees may pal Law $ 50 et seq. If they are not raise the defense of governmental im-granted immunity by this article and m u nity. IIE0, Op. Atty Gen. Dec. 31.
s 27.
continuity or local governments 1.
Every county, except those wholly contained within a city, every city, every town and every village shall have power to pro-vide by local law, and every other public corporation, district corporation or public benefit corporation shall have power to provide by resolution, for its continuity and that of its elective l
and appointive officers, including members of its legislative or governing body when, in the event of a disaster and the emer-m gency conditions caused thereby, any of such officers is unable to discharge the powers and duties of his office or is absent from the political subdivision. In any such local law or resolu-tion, provision may be made that the removal of a disability or the termination of an absence from the political subdivision of an officer higher on a list or order of succession provided there-in to an office shall not terminate the service in such office of an individual lower on such list or order of succession who is temporarily filling such office. Notwithstanding the provisions of any general or special law or city or village charter, a local law or resolution adopted pursuant to this section may be made effective without approval at a mandatory or permissive refer-endum but in no case shall such local law or resolution become effective until one certified copy thereof has been filed with the clerk of the political subdivision or other appropriate official designated for such purpose by the respective legislative or gov-erning body, one certified copy thereof has been filed in the of-fice of the state comptroller and three certified copies thereof have been filed in the office of the secretary of state.
No provision of this subdivision shall be construed or inter-preted as affecting the validity of any ordinance, local law or 36 E
Trt. 2-B Art. 2-B DISASTER PREPAREDNESS 28 resolution enacted prior to April first, nineteen hundred seven-ty nine or actions taken thereunder by the government of any effective county, city, town or village.
.1978. c.
2.
The provisions of this section shall not be applicable in any case where the continuity of the government of a political subdivision or that of any of its elective or appointive officers is otherwise provided for by or pursuant to law.
3.
This section shall be construed liberally.
The powers herein granted shall be in addition to and not in substitution of stone of any power granted, procedure provided or provision made in any al execu.
other law.
fn al $
Added L.1978, c. 640, s 3.
Historical Note Effective Date. Section effective Apr.1,1979, pursuant to L.1978, c.
a city, 640.A 7.
Library References wer to Counties 4:321 %.
C..l.8. Counties % 49.
Stunicipal Corporations C=s57.
C..).S. Stunicipal Corporations i 100
- tive et seq.
tive or i emer ~
unable
@ 28.
State declaration of disaster emergency absent 1.
Whenever the governor, on his own initiative or pursuant resolu-to a request from one or more chief executives, finds that a dis-ility or aster has occurred or may be imminent for which local govern-cion of ments are unable to respond adequately, he shall declare a disas-there-ter emergency by executive order.
fice of 2.
Upon declaration of a disaster arising from a radiological I who is accident, the governor or his designee, shall direct one or more I visions chief executives and emergency services organizations to:
C (a) n tify the public that an emergency exists; and ade refer-(b) take appropriate protective actions pursuant to the radio-l 3ecome logical emergency preparedness plan approved pursuant to sec-l ith the tions twenty-two and twenty-three of this article. The gover-l>fficial nor, or his designee, shall also have authority to direct that oth-l ir gov-er actions be taken by such chief executives pursuant to their l b of-authority under section twenty-four of this article.
Je f 3.
The executive order shall include a description of the dis-aster, and the affected area. Such order or orders shall remain ipter-in effect for a period not to exceed six months or until rescinded l
law or by the governor, whichever occurs first. The governor may is-87
_ma
$ 28 EXECUTIVE LAW Art. 2-B sue additional orders to extend the state disaster emergency for additional periods not to exceed six months.
4.
Whenever the governor shall find that a disaster is of such severity and magnitude that effective response is beyond the capabilities of the state and the affected jurisdictions, he shall make an appropriate request for federal assistance availa-ble under federal law, and may make available out of any funds provided under the governmental emergency fund or such other funds as may be available, sufficient funds to provide the re-l quired state share of grants made under any federal program for meeting disaster related expenses including those available to individuals and families.
Added L.1978, c. 640, 3; amended L.1981, c. 708, 9 2.
t Historical Note l
Subd.2. Added L.1981, c. 708, i 2.
Former subd. 3 redesignated 4.
eff. July 21, 1981.
Subd. 4.
Formerly 3, redesignated i
Former subd. 2 redesignated 3.
4, L.1981, c. 708, t 2, eff. July 21, Subd. 3.
Formerly 2, redesignated 3, L.1981, c. 708, n 2, eff. J uly 21, Effective Gate. Section effective Apr.1,1979, pursuant to L.1978, c.
1981.
m, n 7.
28-a.
Post disaster recovery planning 1.
Whenever a state disaster emergency has been declared any county, city, town or village included in such disaster area shall prepare a local recovery and redevelopment plan, unless the legislative body of the municipality shall determine such plan to be unnecessary or impractical. Prior to making such determina-tion, the municipality shall notify the commission of its intent to forego preparation and provide an opportunity to comment to the commission. Within fifteen days after the declaration of a state disaster, any county, city, town or village included in such disaster area shall report to the commission whether the prepa-ration of a recovery and redevelopment plan has been com-menced, and if not, the reasons for not preparing such plan.
Within sixty days after the declaration of a state disaster, the commission shall report to the governor and the legislature the status of local recovery and redevelopment plans, including the name of any municipality which has failed or refused to com-mence the development of a recovery and redevelopment plan.
The commission shall provide technical assistance in the 2.
development of such plans upon the request of such county, city, town or village.
38
Art. 2-B Art. 2-B DISASTER PREPAREDNESS 28-a r ency for 3.
A local recovery and redevelopment plan shall include, but need not be limited to: plans for replacement, reconstruction, re-
' aster is of moval or relocation of damaged or destroyed facilities; proposed e is beyond new or amended regulations such as zoning, subdivision, building lictions, he or sanitary ordinances and codes; and plans for economic recov-mee availa-ery and community development. Such plans shall take into ac.
' any funds count and to the extent practicable incorporate relevant existing l such other plans and policies and such plans shall take into account the
.ide the re-need to minimize the potential impact of any future disasters on al program the community.
se available 4.
Proposed plans shall be presented at a public hearing l
upon five days notice published in a newspaper of general circu-lation in the area affected and transmitted to the radio and tele-vision media for publication and broadcast.
Such notice shall state the time and place of the hearing and indicate where copies
- nated 4.
of the proposed plan may be inspected or obtained. Any county,
,. redesignated city, town, or village preparing a recovery and redevelopment ef f..luly 21, plan pursuant to this subdivision may, upon mutual agreement with any other such county, city, town or village, hold a joint
- "",,$73,1 hearing to consider such recovery and redevelopment plan.
5.
Such plans shall be prepared within forty-five days after the declaration of a state disaster and shall be transmitted to the commission. The commission shall provide its comments on the plan wWn kn days abr receng sud Nan.
en declared
, isaster area 6.
A plan shall be adopted by such county, city, town or vil-
, unless the lage within ten days after receiving the comments of the com-uch plan to mission. The adopted plan may be amended at any time in the determina-same manner as originally prepared, revised and adopted.
' ts intent to 7.
The adopted plan shall be the official policy for recovery
, ;omment to.
and redevelopment within the municipality.
tration of a 8.
Nothing in this section shall preclude any municipality ded in such fr m applying for or accepting and receiving any federal funds, the prepa-been com.
Added L.1978, c. 640,8 3 ; amended L.1978, c. 641, 2.
such plan.
Historical Note lisaster, th9 islature the Subd.
l.
Formerly undesignated i n g",
"Within fifteen days". ntni opening par., designated subd.1, L.
Ing "or newpting and receiving" teluding the 1978, c. M1, l 2, eff. Apr.1,1979, and Subd.2. Added L.1978, c. M1, 5,
sH to com-amended by substituting "the legisla.
- ' ^ E
- ...ent plan, tive body of the municipality shall deterrnine such plan to be unneces.
Subd. 3.
Formerly par. (a), desig-
.ance in the sary or impractical" for "It shall be nated subd. 3, L.1978, c.
M 1, A 2,
- o}unty, city, deemed to be unnecessary or imprae-eff. Apr,1,1979, tient by the commission" and adding Subd. 4.
Formerly par. (b), desig-sentences beginning "Prior to mak.
nated subd. 4, L.1978, c. M1, 5 2, eff.
39
4 0 28-a EXECUTIVE LAW Art. 2-B Apr.1,1979, and amended in sen-Subd. 8.
Formerly par. (f), desig.
tence beginning "Any county, city" nated suhd. 8, L.1978, c. 641,12, ef f.
by substituting "preparing" for "re-Apr.1,1979, and amended by insert.
eluired to prepare".
"Within sixty days".
j Subds. 5 to 7.
Formerly pars. (c)
Effective Date. Section effective to (e), designated subds. 5 to 7, re-Apr.1,1979, pursuant to L.1978. c.
spectively, L.1978, c. 641, A 2, ef f.
640,j 7.
A p r. 1, 1979.
Library References States @ 41.
C.1.S. Statesil 88,130 29.
Direction or state agency assistance in a disaster emer.
gency Upon the declaration of a state disaster emergency the gov-ernor may direct any and all agencies of the state government to provide assi:,tance under the coordination of the disaster pre-paredness commission. Such state assistance may include: (1)
I utilizing, lending, or giving to political subdivisions, with or without compeasation therefor, equipment, supplies, facilities, services of state personnel, and other resources, other than the extension of credit; (2) distributing medicine, medical supplies, food and other consumable supplies through any public or pri-vate agency authorized to distribute the same; (3) performing on public or private lands temporary emergency work essential for the protection of public health and safety, clearing debris and wreckage, making emergency repairs to and temporary re-placements of public facilities of political subdivisions damaged or destroyed as a result of such disaster; and (4) making such other use of their facilities, equipment, supplies and personnel as may be necessary to assist in coping with the disaster or any emergency resulting therefrom.
Added L.1978, c. 640,6 3.
l Historical Note l
Effective Date. Section effective l
Apr.1,1979, pursuant to L.1978, c.
640,1 7.
Library References 8tates @ 41.
C.J.S. States H 88,130.
9 29-a.
Suspension of other laws 1.
Subject to the state constitution, the federal constitution and federal statutes and regulations, and after seeking the ad-40
- _ _ ~ - _
. _.n..
_ - _ -. _. n.
r Art. 2-B Art. 2. B DISASTER PREPAREDNESS 29 i Er. (f), desig' vice of the commission, the governor may by executive order h[$finse1t.
temporarily suspend specific provisions of any statute, local law, ordinance, or orders, rules or regulations, or parts thereof, of any agency during a state disaster emergency, if compliance with tion effective to L.1978. c-such provisions would prevent, hinder, or delay action necessary to cope with the disaster.
2.
Suspensions pursuant to subdivision one of this section shall be subject to the following standards and limits:
L no suspension shall be made for a period in excess of thir-a.
ty days, provided, however, that upon reconsideration of all of the relevant facts and circumstances, the governor may extend
. aster emer.
the suspension for additional periods not to exceed thirty days each;
'cy the gov-
- .ernment to b.
no suspension shall be made which does not safeguard the
( saster pre.
health and welfare of the public and which is not reasonably iclude: (1) necessary to the &saster effort;
, is, with or c.
any such suspension order shall specify the statute, local ut, facilities, law, ordinance, order, rule or regulation or part thereof to be er than the suspended and the terms and conditions of the suspension;
(
upplies' d.
blic or prl-the order may provide for such suspension only under
, performmg particular circumstances, end may provide for the alteration or
'.k essential modification of the requirements of such statute, local law, ordi-ring debris nance, order, rule or regulation suspended, and may include oth-er terms and conditions; 1porary re-s damaged e.
any such suspension order shall provide for the minimu.m aking such deviation from the requirements of the statute, local law, ordi-personnel nance, order, rule or regulation suspended consistent with the ster or any disaster action deemed necessary; and f,
when practicable, specialists shall be assigned to assist with the related emergency actions to avoid needless adverse ef-fects resulting from such suspension.
3.
Such suspensions shall be effective from the time and in the manner prescribed in such orders and shall be published as soon as practicable in the state bulletin.
4.
The leislature may terminate by concurrent resolution executive orders issued under this section at any time.
(
Added L.1978, c. 640, f 3.
Historical Note onstitution Effaellve Date. Section effective
.ng the ad-Apr.1,19'9, pursuant to L.1978. c.
84o, 5 7, 41
/ ~n~x
~., - - _ -
s 29-b Executive LAW Art. 2-B s 29-b.
Use or civil detense forces in disasters 1.
The governor may, in his discretion, direct the state civil x
defense commission Eo conduct a civil defense drill, under its direction, in which all or any of the civil defense forces of the state may be utilized to perform the duties assigned to them in a civil defense emergency, for the purpose of protecting and pre-serving human life or property in a disaster. In such event, civ-il defense forces in the state shall operate under the direction and command of the state director of civil defense, and shall possess the same powers, duties, rights, privileges and immunities as are applicable in a civil defense dri;l held at the direction of the state civil defense commission under the provisions of the New York state defense emergency act.
2.
Local use of civil defense forces.
a.
Upon the threat or l
occurrence of a disaster, and during and immediately following f
the same, and except as otherwise provided in paragraph d of this subdivision, the c.oJntv chiaf avacutiy.e.may direct the civil defense director of a county to assist in the protection and pres-ervation of human life or property by holding a civil defense drill and training exercise at the scene of the disaster and at any other appropriate places within the county, in which all or any civil defense forces may be called upon to perform the civil de-fense duties assigned to them, b.
The civil defense forces of the county shall be regarded as a reserva disaster force to be activated, in whole in 2 in part, by the county civil defense director upon the direction of the county chief executive when the county chief executive, in his discre-tion, is convinced that the personnel and resources of local mu-nicipal and private agencies normally available for disaster as-sistance are insufficient adequately to cope with the disaster.
Except as provided in paragraph d of this subdivision, the c.
county chief executive may exercise the power conferred upon him in paragraph a of this subdivision, or may deactivate the civil defense forces of the county in whole or in part, on his own motion or upon the request of the chief executive officer of a vil-lage, town or city located within the county of which he is an of-ficer.
d.
Where the local office of civil defense in a city is indepen-dent of the county office of civil defense and is not consolidated therewith, the county chief executive may direct the civil de-fense director of the county to render assistance within such city l
only when the chief executive officer of such city has certified to him that the civil defense forces of the city have been activated 42
l I
I ' Art. 2-B Art. 2-B DISASTER PREPAREDNESS 29-b pursuant to the provisions of subdivision three of this section and that all resources available locally are insufficient adequate-ate civil ly to cope with the disaster.
i nder its
! s of the e.
When performing disaster assistance pursuant to this sec-tem in a tion, county civil defense forces shall operate under the direction ind pre-and command of the county civil defense director and his duly ent, civ-authorized deputies, and shall possess the same powers, duties, tion and rights, privileges and immunities they would possess when per-forming their duties in a locally sponsored civil defense drill or possess training exercise in the civil or political subdivision in which
$s as are they are enrolled, employed or assigned civil defense responsibil-a of the the New ities.
f.
The chief executive officer of a city shall be responsible hreat or for the conduct of disaster operations within the city, including allowing the operations directed by the county civil defense director when sph d of rendering disaster assistance within a city pursuant to this sec-the civil tion.
.nd pres-g.
Outside of a city, the sheriff of the county, and in Nassau defense county the commissioner of police of the county of Nassau, shall c'
tany supervise the operations of the civil defense director when ren-1 vre any dering peace officer duties incident to disaster assistance. The civil de-sheriff and such commissioner may delegate such supervisory power to an elected or appointed town or village official in the arded as area affected.
part, by h.
Neither the chief executive officer of a city, nor the coun-
!cou $
ty chief executive, nor any elected or appointed town or village
. discre-official to whom the county chief executive has delegated super-l ' cal mu-v sory power as aforesaid shall be held responsible for acts or
. ster as l in,saster, omissions of civil defense forces when performing disaster as-l sistance.
l sion, the 3.
City use of civil defense forces.
a.
Upon the threat or ledupon ccurrence of a disaster, and during and immediately following
' vate the j his own the same, and except as otherwise provided in paragraph d of
! of a vil-this subdivision, the chief executive of a city may direct the civil l is an of-defense director of the city to assist in the protection and pres-ervation of human life or property by holding a civil defense drill and training exercise at the scene of the disaster and at any l *d'E*U' other appropriate places within the city, in which all or any civil
{, -lated defense forces may be called upon to perform the civil defense civil de-duties assigned to them.
.uch city tified to b.
The civil defense forces of the city shall be regarded as a c(ivated reserve disaster force to be activated, in whole or in part, by the 43
l l
9 29-b ExecuTivs LAW Art. 2-B city civil defense director upon the direction of the chief execu.
(
tive officer of the city when the latter, in his discretion, is con-vinced that the personnel and resources of local municipal and private agencies normally available for disaster assistance are insufficient adequately to cope with the disaster.
Except as provided in paragraph d of this subdivision, the c.
i chief executive officer of a city may exercise the power con-ferred upon him in paragraph a of this subdivision, or may deactivate the civil defense forces of the city in whole or in part, on his own motion or upon the request of the head of the city po-lice force.
d.
Where the local office of civil defense in a city is under the jurisdiction of a consolidated county office of civil defense l
as provided in the New York state defense emergency act, the chief executive officer of such city seeking the assistance of civil j
defense forces in the protection and preservation of human life or property within such city because of such disaster, must re-quest the same from the county chief executive in which such city is located, in the same manner as provided for assistance to towns and villages in subdivision two of this section.
e.
When performing disaster assistance pursuant to this sub-division, city civil defense forces shall operate under the direc-tion and command of the city civil defense director and his duly authorized deputies, and shall possess the same powers, duties, rights, privileges, and immunities they would possess when per-forming their duties in a locally sponsored civil defense drill or training exercise in the city in which they are enrolled, em-i ployed or assigned civil defense responsibilities, f.
Where the city civil defense forces have been directed to assist in local disaster operations pursuant to paragraph a of this subdivision, and the chief executive officer of the city is convinced that the personnel and resources of local municipal and private agencies normally available for disaster assistance, including local civil defense forces, are insufficient adequately to cope with the disaster, he may certify the fact to the county chief executive and request the county chief executive to direct the county civil defense director to render assistance in the city, as provided in subdivision two of this section.
i g.
The chief executive officer of a city shall be responsible for the conduct of disaster operations within the city, including the operations directed by the county civil defense director, I
when rendering disaster assistance within a city pursuant to this subdivision.
44
rt. 2-B DISASTER PREPAREDNESS s 29-c Art. 2-B l liief execu-h.
Neither the chief executive officer of a city, nor the coun-I
., is con-ty chief executive, shall be held responsible for acts or omissions j nicipal and of c vil defense forces when performing disaster assistance.
istance are Added L.1978, c. 640, 3.
I So in origilial. Probably should read "or".
Historical Note Effective Date. Section effective
'n, or may or in part,
- ,\\pr.1.1979, piirsuant to L.1978, c.
,,, 7,
- he city po-Library References states c=41.
c.1.s. states 14 88, 130.
.y is under vil defense Notes of Deelslons cy Mt, the
- i. immunity from liability where the immunity provisions or l nee of civil Employees may be entitled to in-thlm article do not apply, local execu-human life demnification imder General stunici.
tives, otticers and employees may pal Law j 50 et seq. If they are not ralw the defense of governmental Im.
r, must re-granted immtinity by this article and munity. 1960, Op. Atty. Gen. Dec. 31, vhich such
'sistance t s 29-c.
RadiologicaJ preparedness
/
1.
The commission:
io this sub-(a) may monitor directly and record the off-site presence of the direc-radioactive material in the vicinity of nuclear electric generat-2d his duly ng facilities located in the state of New York; crs, dutles' (b) shall obtain from the licensees, United States nuclear reg-ulatory commission-required high range radiation, temperature fe se ril and pressure levels in the containment buildings and in the con-rolled, em-tainment building vents of nuclear electric generating facilities located in the state of New York; and, lirected t (c) shall obtain, subject to the approval of the United States gaph a of nuclear regulatory commission, any reactor data provided by the the city is licensee to the United States nuclear regulatory commission, municipal which the disaster preparedness commission determines, as a re-assistance, sult of the report issued pursuant to section twenty-nine-d of equately to this article, to be a reliable indicator of a possible radiological the county
- accident, e to direct Upon the occurrence of a radiological accident, the commis-
.n
- cry, sion shall promptly provide appropriate and available radioactiv-ity raonitoring data to any chief executive who requests it. For
)onsible the purposes of this section, the term "radiological accident"
{ including shall be limited to a radiological accident occurring at a nuclear a, director, electric generating facility.
.ipsuint to 2.
(a) Any licensee of the United States nuclear regulatory commission for a nuclear electric generating facility shall be lla-45
l s 29-C EXECUTIVE LAW Art. 2-B l
ble for an annual fee to support state and local governmental re-sponsibilities under accepted radiological emergency prepared-N ness plans related to the facility operated by such licensee.
(b) The amount of such fee shall be determined annually by the commission taking into account the costs of such responsibil-ities not otherwise provided for and unexpended amounts of pre-vious fees paid by any such licensee.
In no event shall an an-nual fee for any facility exceed two hundred fifty thousand dol-i lars. Such fee, which shall be payable to the commission on or before April first, shall be expended or distributed only by ap-propriation.
3.
Such fees shall be expended by the commission for pur-poses of supporting state and local government responsibilities under accepted radiological emergency preparedness plans, in-cluding:
of (a) purchase, installation, maintenance and operation equipment used by the commission and local governments to monitor and record the potential and actual presence of radioac-tive materials within the appropriate planning radius from a nu-clear electric generating facility ;
(b) purchase, storage and distribution by the commission of equipment, drugs or other material for the purpose of protecting public health and safety; (c) personal service, administrative costs and contractual
' services; (d) emergency services personnel training and the plans, de-f velopment, implementation, testing and revisions; and, (e) the state or local share when applying for matching funds.
4, Notwithstanding the provisions of paragraph (b) of sub-division two of this section, for the fiscal year beginning April first, nineteen hundred eighty-one, any person who holds a li-cense from the United States nuclear regulatory commission te operate a nuclear electric generating facility shall be liable for a seventy-five thousand dollar annual fee for each such facility which amount shall be payable to the commission on or before October first, nineteen hundred eighty-one.
Added L 1981, c. 708, 3.
l l
Historical Note Ef fective Date. Sectico effective July 21,1981, pursuant to L.1981, c.
708,I 6, 46
l I
Art. 2 B DISASTER PREPAREDNESS 29-d
~
ental re-( jared-Library References Health aml Environment C:>25.5m.
C..T.S. lien!th nmi Mnvironment 54 illally by HI et seq.,106 et seq.,129 et ny.
ponsibil-s of pre-29-d.
Reports 1 an an-l.and dol.
In order to assess the present preparedness in the state for any radiological accident and to determine the need for, and ap-an on or t y by ap-propriateness of, any additional specific steps by state govern-ment, the commission shall report to the governor and the legis-lature by January first, nineteen hundred eighty-two, its find-s bil t es ings, recommendations and proposed legislation where appropri-lans, in-ate concernmg:
1.
The need for and appropriateness of additional specific f
state activities or programs beyond those required by the accept-ed radiological emergency preparedness plans or provided for en s o radioac-under existing law, including but not limited to:
, >m a nu.
(a) radiological monitoring equipment; l
(b) warning systems and equipment;
- u a.n of (c) medical technologies and equipment; otecting (d) plume transport and dose assessment models; and T
l (e) nuclear fuel cycle and materials licensees other than elec-l ttractual tric generating facilities.
l I.ans, de-2.
Any such recommendations shall be developed in consulta-tion with all concerned public and private parties and shall:
(a) take into account proven safety effectiveness; latching (b) outline any proposed costs and the means for meeting such costs; f suY (c) consider related activities of the United States nuclear l ig April regulatory commission or others; and i Ids a 11-
. ssion to (d) when appropriate, discuss alternatives and various imple-l ale for a mentation stages.
I facility Added L.1981, c. 708, N 3.
r before Historical Note Effective Date. Section effective July 21,1981, pursuant to I.1981, c.
,,'(
708, i H.
Library References Health and Environment e=>25 -
C.J.8 Ilealth and Environment H 5(7).
01 et seq.,106 et seq.,129 et seq.
47
ARTICLE 3--. EXECUTIVE DEPARTMENT Sec.
- 30. Executive department.
- 31. Divisions.
l Historical Note j
Derivation. Art. 2-A of Executive repealed by section 1002 of this chap-Law of 1909. Said Article 2-A was ter.
9 30.
Executive department There shall continue to be in the state government an execu-tive department. The head of the executive department shall be the governor. The governor may appoint such subordinates and employees as may be necessary for the exercise of his powers and the performance of his duties as head of the executive de-partment, and may prescribe their duties and fix their compen-sation within the amounts appropriated therefor.
L.1951, c. 800.
f Historical Nota l
Derivation.
Executive Law of of his offklal duties and obligations f
1909, i 12, added L.1928, c. 676, i 1.
within the state. Such payment may i
8nid section 12 was from sections 30 he made monthly in Installments pur.
and 31 of the State Departments suant to a schedule approved by the t
(
Law, added L.1926, c. 546: and re-director of the budget ; provided, I
pealed L.1928, c. 676, 8 3.
however, that in no event shall the annual amount of such payments i
Reimbursement of Expenses; R e-exceed the actual amount of such ex-peal. L.1979, c. 307, 5 53, eff. June pensen an certified by the head of l
28, 1979, retroactive to Apr.1,1979, the executive department or his duly l
provided: "The head of the executive designated representative.
In no l
department shall be entitled to re-event shall the total amount of relm-l celve from any amounts appropriated bursement exceed fifteen thousand to the executive chamber and made dollars during any fiscal year, available pursuant to a certificate Said section 53 of L.1979, c. 307, approved by the director of the budg-was repealed by L.1980, c. 881, ) 6, j
i et, payment in reimbursement of all necessary and actual expenses in-eff. Jan.1,1983.
curred incidental to the performance Library References l
C.J.S. States H 79,80,82,136.
8tates $:45.
48 i
Art. 3 EXECUTIVE DEPARTMENT 31 s 31.
Divisions There shall be in the executive department the following divi-sions :
1.
The division of the budget.
2.
The division of military and naval affairs.
3.
The office of general services.
4.
The divi 3 ion of state police.
f this chap-5.
The division of parole.
6.
The division of housing.
7.
The division of alcoholic beverage control.
l an execu-8.
Commission against discrimination.
l tt shall be 9.
The division of safety.
nates and 10.
The division of veterans' affairs.
l is powers I cutive de.
11.
The office of planning services.
.r compen.
12.
State civil defense commission.
The governor may establish, consolidate, or abolish additional divisions and bureaus.
L.1951, c. 800; amended L.1962, c. 37, s 10; L.1966, c. 528, s 2; L.
l 1972, c. 827, 9 1.
I obilgations ayment may Historical Note Cl. 3.
Amended L.1962, c. 37, i 10 Derivation.
l.:xecutive Law of o ed by the eff. Feb. 20,1962, by substituting "of-19u9, i 13, added I.1928 c tith :
- provided, flee of general services" for "division amended L.1930, c. 824, 6 3 : L.1935, nt shall the of standards and purchase."
- c. 3N, p 1 : L.1938, c. 270, 5 4 : L.
h payments 1
1, c. 216, i 1 : L. M,c.4,6 M of such ex-Cl 11. Amended L.1966, c. 528, i I 1 N 4, c. 5. I 1.
Sald section 13 was
- he hsad of 2, eff. 30 days after. lune 7,1966:
fan 8ecdon 32 of the State Depart-or his duly L.1972, c. 827, i 1, eff.. lune 2,1972.
menta Law, added L.1926. c. 546 ;
.e In no L.1966 substituted "The offlee of amended L.1927, e, 21. I 1 ; and re-
.unt of relm-planning coordination." for "State pealed L.1928, c. flifl,6 3.
' in thousand hullding code commission."
yea r."
Transfer of Functions of Office of L 1972 substituted "se rvices" for Planning Services. See note under
- g979,
(,. 307, "coordination."
section 152.
- c. 881, ) 6, Library References States $=45.
C..I.8.Statesil 70, 80, 82,13tl.
l l 12.136.
t 49
._