2010 New York Code
EXC - Executive
Article 2-B - (20 - 29-H) STATE AND LOCAL NATURAL AND MAN-MADE DISASTER PREPAREDNESS
29-H - Intrastate mutual aid program.

§  29-h.  Intrastate  mutual aid program. 1. Creation. There is hereby
  created the intrastate mutual aid program to complement existing  mutual
  aid  agreements  in  the  event  of  a disaster that results in a formal
  declaration of an emergency by a  participating  local  government.  All
  local  governments within the state, excepting those which affirmatively
  choose not to participate in accordance with subdivision  four  of  this
  section, are deemed to be participants in the program.
    2.  Definitions.  As  used  in this section, the following terms shall
  have the following meanings:
    a. "Employee"  means  any  person  holding  a  position  by  election,
  appointment, or employment by a local government;
    b.  "Local  government" means any county, city, town or village of the
  state;
    c. "Local emergency management officer"  means  the  local  government
  official responsible for emergency preparedness, response and recovery;
    d.  "Requesting local government" means the local government that asks
  another local government for assistance during a declared emergency,  or
  for  the  purposes  of  conducting  training,  or undertaking a drill or
  exercise;
    e. "Assisting local government" means one or  more  local  governments
  that  provide  assistance  pursuant  to  a request for assistance from a
  requesting local government during a  declared  emergency,  or  for  the
  purposes of conducting training, or undertaking a drill or exercise; and
    f. "Disaster" shall have the same meaning as in section twenty of this
  article.
    3.  Intrastate  mutual  aid  program  committee established; meetings;
  powers and duties. a.  There  is  hereby  created  within  the  disaster
  preparedness  commission an intrastate mutual aid program committee, for
  purposes of this section to be referred to as the committee, which shall
  be chaired by the commissioner of the division of homeland security  and
  emergency  services, and shall include the state fire administrator, the
  commissioner of health, and the commissioner of agriculture and markets,
  provided that each such official may appoint a designee to serve in  his
  or  her  place  on  the committee. The committee shall also include five
  representatives from local public safety or emergency response agencies,
  who shall serve  a  maximum  two-year  term,  to  be  appointed  by  the
  commissioner   of  the  division  of  homeland  security  and  emergency
  services, with regard to a  balance  of  geographic  representation  and
  discipline expertise.
    b.  The committee, on the 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.
    c. The committee shall have the following powers and responsibilities:
    (1) to promulgate rules and regulations, acting through  the  division
  of homeland security and emergency services, to implement the intrastate
  mutual aid program as described in this section;
    (2) to develop policies, procedures and guidelines associated with the
  program,  including  a  process for the reimbursement of assisting local
  governments by requesting local governments;
    (3) to evaluate the use of the intrastate mutual aid program;
    (4) to examine issues facing participating local governments regarding
  the implementation of the intrastate mutual aid program; and
    (5)  to  prepare  reports  to  the  disaster  preparedness  commission
  discussing  the  effectiveness  of  mutual  aid  in the state and making
  recommendations  for  improving  the  efficacy   of   the   system,   if
  appropriate.

4.  Local  government  participation  in  the  intrastate  mutual  aid
  program.  a. A local government may elect  not  to  participate  in  the
  intrastate  mutual  aid program, or to withdraw from the program, by its
  governing body enacting a resolution declaring that  it  elects  not  to
  participate in the program and providing such resolution to the division
  of  homeland  security  and  emergency  services.  Participation  in the
  program will continue until a copy of such resolution  is  received  and
  confirmed by the division of homeland security and emergency services.
    b.  A local government that has declined to participate in the program
  may, acting by resolution through its governing  body  and  providing  a
  copy  of  the  resolution  to  the  division  of  homeland  security and
  emergency services, elect to participate in the program.
    c. Nothing in this section shall  preclude  a  local  government  from
  entering  into  mutual  aid  agreements  with other local governments or
  other entities with terms that supplement or differ from the  provisions
  of this section.
    d. Nothing in this section shall affect any other agreement to which a
  local  government  may  currently  be  a  party,  or  later  enter into,
  including, but not limited to, the state fire  mobilization  and  mutual
  aid plan.
    5.  Fire  related  resources.  Notwithstanding  the  authority  vested
  pursuant  to  this  section,  all  fire  related  resources   shall   be
  administered  pursuant  to  section  two  hundred  nine-e of the general
  municipal law.
    6. Requesting assistance under the intrastate mutual aid program. a. A
  participating  local  government  may  request   assistance   of   other
  participating local governments in preventing, mitigating, responding to
  and   recovering   from   disasters   that  result  in  locally-declared
  emergencies, or for the purpose of  conducting  multi-jurisdictional  or
  regional  training,  drills or exercises. Requests for assistance may be
  made verbally or in writing; verbal requests shall  be  memorialized  in
  writing as soon thereafter as is practicable.
    b. Once an emergency is declared at the county level, all requests and
  offers  for  assistance,  to the extent practical, shall be made through
  the county emergency management office, or in the case of  the  city  of
  New York, through the city emergency management office. All requests for
  assistance should include:
    (1) a description of the disaster;
    (2) a description of the assistance needed;
    (3) a description of the mission for which assistance is requested;
    (4) an estimate of the length of time the assistance will be needed;
    (5)  the  specific  place and time for staging of the assistance and a
  point of contact at that location; and
    (6)  any  other  information  that  will  enable  an  assisting  local
  government to respond appropriately to the request.
    c.  Assisting  local  governments shall submit to the requesting local
  government an inventory of the resources being deployed.
    d. The written request for assistance and all inventories of resources
  being deployed shall be submitted to the division of  homeland  security
  and  emergency services within three calendar days of the request for or
  deployment of such resources.
    7.   Division   of   homeland   security   and   emergency    services
  responsibilities  under  the intrastate mutual aid program. The division
  of homeland security and emergency services shall  provide  notification
  by mail to each local government with a comprehensive description of the
  intrastate  mutual  aid  program,  including  a statement that all local
  governments are participants of the program unless  they  expressly  opt
  out  pursuant  to  subdivision  four of this section; maintain a current

list  of  participating  local   governments   with   their   authorized
  representatives  and contact information, and provide a copy of the list
  to each of the participating local governments on an annual basis during
  the  second  quarter  of  each  calendar year; monitor and report to the
  intrastate mutual aid program committee on the  use  of  the  intrastate
  mutual  aid program; coordinate the provision of mutual aid resources in
  accordance  with  the  comprehensive  emergency  management   plan   and
  supporting   protocols;   identify   mutual  aid  best  practices;  when
  practical, provide the committee with statistical information related to
  the use of mutual aid during recent  regional  disaster  responses;  and
  assist   with  the  development,  implementation  and  management  of  a
  state-wide resource typing system.
    8. Reimbursement of assisting jurisdiction by requesting jurisdiction;
  resolving disputes  regarding  reimbursement.  a.  Any  assisting  local
  government  requesting  aid  under  this  program  for  loss,  damage or
  expenses incurred in connection with the provision  of  aid  that  seeks
  reimbursement by the requesting local government shall make such request
  in  accordance  with  procedures  developed by the intrastate mutual aid
  committee.
    b. Where a dispute arises between an assisting local government and  a
  requesting local government regarding reimbursement for loss, damages or
  expenses  incurred  in connection with the provision of aid, the parties
  will make every effort to resolve the  dispute  within  thirty  business
  days   of   written  notice  of  the  dispute  by  the  party  asserting
  noncompliance.
    9. Liability. a. Each local government is  responsible  for  procuring
  and maintaining insurance or other coverage as it deems appropriate.
    b.  Nothing  in  this  section  shall  be  construed  to  provide  any
  protection against  liability,  or  to  create  any  liability,  for  an
  individual  who  responds to a state of emergency where aid has not been
  requested, or where aid has not  been  authorized  by  the  individual's
  local government.
    10.  Obligation  of  insurers.  Nothing  in this section shall impair,
  alter, limit or modify the rights or obligations of  any  insurer  under
  any policy of insurance.