N.Y. Executive Law 23 – Local comprehensive emergency management plans
§ 23. Local comprehensive emergency management plans. 1. Each county, except those contained within the city of New York, and each city with a population of one million or more, shall prepare a comprehensive emergency management plan. Each city with a population of less than one million, town and village is authorized to prepare a comprehensive emergency management plan. The disaster preparedness commission shall provide assistance and advice for the development of such plans. Each city with a population of less than one million, town and village plan shall be coordinated with the county plan.
Terms Used In N.Y. Executive Law 23
- commission: means the disaster preparedness commission created pursuant to section twenty-one of this article. See N.Y. Executive Law 20
- 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. See N.Y. Executive Law 20
2. The purpose of such plans shall be to minimize the effect of disasters 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 services, health and social services officials, community action agencies, the chief administrator of the courts, organizations for the elderly and the handicapped, agencies and organizations that provide home health care services, agencies and organizations that provide hospice services, 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 and practical methods, through which such aforementioned groups may offer their input for consideration on issues that support the effective preparation and execution of the plan. In addition, in the case of home care and hospice, such input may address procedures by which such providers may be granted essential access to care for such patients during an emergency.
6. All plans for comprehensive emergency management developed by local governments or any revisions thereto shall be submitted to the commission 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 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, transportation, 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 including the assignment of responsibilities and the establishment of communication priorities and liaison with municipal, private, state and federal communication facilities;
(6) a plan for coordination evacuation procedures including the establishment of temporary housing and other necessary facilities;
(7) criteria for establishing priorities with respect to the restoration of vital services and debris removal;
(8) plans for the continued effective operation of the civil and criminal justice systems;
(9) provisions for training local government personnel and volunteers in disaster response operations;
(10) providing information to the public;
(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, including but not limited to, exempting from travel bans those essential private and public personnel, as determined by the commission, who are summoned by their employers to assist in emergency services, such as utility and other workers who need to reach declared emergency areas in order to perform tasks related to the restoration and/or maintenance of energy and communications infrastructure;
(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 relocation 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.