2010 New York Code
EXC - Executive
Article 2-B - (20 - 29-H) STATE AND LOCAL NATURAL AND MAN-MADE DISASTER PREPAREDNESS
21 - Disaster preparedness commission established; meetings; powers and duties.

§ 21. Disaster  preparedness  commission established; meetings; powers
  and duties. 1. There is hereby created in  the  executive  department  a
  disaster  preparedness  commission  consisting  of  the commissioners of
  transportation,  health,  division   of   criminal   justice   services,
  education,   social  services,  economic  development,  agriculture  and
  markets,  housing  and  community  renewal,  general  services,   labor,
  environmental   conservation,   mental  health,  parks,  recreation  and
  historic preservation, correctional services  and  children  and  family
  services,  the  president  of  the  New  York  state energy research and
  development authority, the superintendents of state  police,  insurance,
  banking, the secretary of state, the state fire administrator, the chair
  of the public service commission, the adjutant general, the directors of
  the  offices  within  the  division  of  homeland security and emergency
  services, the office for technology, and the office of victim  services,
  the  chairs  of  the  thruway authority, the metropolitan transportation
  authority, the port authority of New York  and  New  Jersey,  the  chief
  professional  officer  of the state coordinating chapter of the American
  Red Cross and three additional members, to be appointed by the governor,
  two of whom shall be chief executives. Each member agency may  designate
  an officer of that agency, with responsibility for disaster preparedness
  matters,   who   may  represent  that  agency  on  the  commission.  The
  commissioner of the division of homeland security and emergency services
  shall serve as chair of the commission, and the governor shall designate
  the vice chair 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  article
  but  shall  receive  no  additional  compensation  for services rendered
  pursuant to this article.
    2. The commission, on call of the chairperson,  shall  meet  at  least
  twice  each year and at such other times as may be necessary. The agenda
  and meeting place of all regular meetings shall be made available to the
  public in advance of such meetings and all such meetings shall  be  open
  to  the  public.  The commission shall establish quorum requirements and
  other rules and procedures regarding conduct of its meetings  and  other
  affairs.
    3.    The   commission   shall   have   the   following   powers   and
  responsibilities:
    a. study all aspects  of  man-made  or  natural  disaster  prevention,
  response and recovery;
    b.  request  and  obtain from any state or local officer or agency any
  information  necessary  to  the  commission  for  the  exercise  of  its
  responsibilities;
    c. prepare and, as appropriate, revise a state comprehensive emergency
  management  plan. The commission shall report all revisions to such plan
  by March thirty-first of each year to the governor, the legislature  and
  the  chief  judge  of the state, unless a current version of the plan is
  available to the public on the  website  of  the  division  of  homeland
  security and emergency services. In preparing such plans, the commission
  shall  consult  with  federal  and  local  officials,  emergency service
  organizations including both volunteer and commercial emergency response
  organizations, and the public as it deems  appropriate.  To  the  extent
  such  plans impact upon administration of the civil and criminal justice
  systems of the state, including their operational and  fiscal  needs  in
  times  of  disaster emergency, the commission, its staff and any working
  group, task force, agency or  other  instrumentality  to  which  it  may
  delegate  responsibility  to  assist it in its duties shall consult with
  the chief administrator of the courts and coordinate  their  preparation
  with him or her or with his or her representatives;

d. prepare, keep current and distribute to chief executives and others
  an  inventory  of programs directly relevant to prevention, minimization
  of  damage,  readiness,  operations  during  disasters,   and   recovery
  following disasters;
    e.  direct  state  disaster  operations  and coordinate state disaster
  operations with local disaster operations following the declaration of a
  state disaster emergency;
    f. unless it deems it unnecessary, create, following  the  declaration
  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 private agencies involved. The
  commission, upon a finding that a municipality is unable to manage local
  disaster operations, may, with the approval of the governor, direct  the
  temporary  organization  to  assume  direction  of  the  local  disaster
  operations of 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 commission.
  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;
    g.  assist  in  the  coordination  of  federal  recovery  efforts  and
  coordinate recovery assistance by state and private agencies;
    h. provide for periodic briefings, drills, exercises or other means to
  assure that all state personnel  with  direct  responsibilities  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 state personnel. Such activities
  may take place on a regional or county  basis,  and  local  and  federal
  participation shall be invited and encouraged;
    i.  submit to the governor, the legislature and the chief judge of the
  state by March thirty-first of each year an annual  report  which  shall
  include but 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  duties  and
  responsibilities of the commission;
    (2)  recommendations  on ways to improve state and local capability to
  prevent, prepare for, respond to and recover from disasters;
    (3) the status of the state and local plans for disaster  preparedness
  and  response,  including  the  name of any locality which has failed or
  refused to develop and implement its own disaster preparedness plan  and
  program;  and  the extent to which all forms of local emergency response
  assets have been included, and accounted for in planning and preparation
  for disaster preparedness and response; and
    j.  develop  public  service  announcements  to  be   distributed   to
  television  and  radio  stations  and  other  media throughout the state
  informing the public how to  prepare  and  respond  to  disasters.  Such
  public  service  announcements  shall be distributed in English and such
  other languages as such commission deems appropriate.
    4. All powers of the state civil defense commission  are  assigned  to
  the commission.
    5.  The office of emergency management within the division of homeland
  security and emergency services shall serve as  the  staff  arm  of  the
  commission  and shall be responsible for implementing provisions of this
  article and the rules and policies adopted by the commission.