2010 New York Code
EXC - Executive
Article 26 - (709 - 717) DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
709 - Division of homeland security and emergency services; creation; powers and duties.

§ 709. Division of homeland security and emergency services; creation;
  powers  and  duties.  1.  There  is  hereby created within the executive
  department the division of homeland  security  and  emergency  services,
  which  shall  have  and exercise the powers and duties set forth in this
  article. Any reference to the 'office of public security',  the  'office
  of  homeland  security',  the  'state  emergency management office', the
  'office of cyber  security'  or  the  'office  of  fire  prevention  and
  control'  in  the laws of New York state, executive orders, or contracts
  entered into on behalf of the state shall be  deemed  to  refer  to  the
  division of homeland security and emergency services.
    2. The division shall have the power and duty to:
    (a)   oversee   and  coordinate  the  state's  homeland  security  and
  comprehensive emergency management resources, subject to any laws, rules
  or regulations governing the budgeting and appropriation of funds;
    (b) review homeland security and  comprehensive  emergency  management
  policies, protocols and strategies of state agencies. The agencies shall
  include,  but  not  be  limited  to,  the state agencies included on the
  disaster preparedness commission as identified in section twenty-one  of
  this chapter;
    (c)  develop  policies, protocols and strategies, which may be used to
  prevent, detect, respond to and recover from terrorist acts  or  threats
  and  other  natural  and  man-made disasters, which for purposes of this
  section shall have the same meaning as defined in article two-B of  this
  chapter;
    (d) identify potential inadequacies in the state's policies, protocols
  and  strategies to detect, respond to and recover from terrorist acts or
  threats and other natural and man-made disasters;
    (e) undertake periodic drills and simulations designed to  assess  and
  prepare  responses  to  terrorist  acts or threats and other natural and
  man-made disasters;
    (f) coordinate state resources for  the  collection  and  analysis  of
  information  relating  to terrorist threats and terrorist activities and
  other natural and man-made disasters throughout the state subject to any
  applicable laws, rules, or regulations;
    (g) coordinate and facilitate information sharing among local,  state,
  and  federal law enforcement agencies to ensure appropriate intelligence
  to assist in the early  identification  of  and  response  to  potential
  terrorist  activities  and other natural and man-made disasters, subject
  to any applicable laws, rules, or  regulations  governing  the  release,
  disclosure or sharing of any such information;
    (h)  assess  the preparedness of state and local public health systems
  to respond to terrorist acts and other natural and  man-made  disasters,
  including ensuring the availability of early warning systems designed to
  detect  potential  threats  and determining adequacy and availability of
  necessary vaccines and pharmaceuticals and hospital capacity;
    (i) coordinate strategies,  protocols  and  first-responder  equipment
  needs  that  may be used to monitor, detect, respond to and mitigate the
  consequences  of  a  potential  biological,  chemical  or   radiological
  terrorist act or threat;
    (j)  work  with local, state and federal agencies and private entities
  to conduct assessments of the vulnerability of  critical  infrastructure
  to terrorist attack and other natural and man-made disasters, including,
  but not limited to, nuclear facilities, power plants, telecommunications
  systems, mass transportation systems, public roadways, railways, bridges
  and  tunnels,  and  develop  strategies that may be used to protect such
  infrastructure from terrorist attack  and  other  natural  and  man-made
  disasters;

(k)  develop  plans  that  may  be used to promote rapid recovery from
  terrorist attacks and other natural and man-made  disasters,  to  ensure
  prompt restoration of transportation, utilities, critical communications
  and information systems and to protect such infrastructure;
    (l)  develop  plans  that  may be used to contain and remove hazardous
  materials used in a terrorist attack or released as a result of  natural
  or man-made disaster;
    (m)  act  as  primary  contact with the federal department of homeland
  security;
    (n) adopt, promulgate, amend and  rescind  rules  and  regulations  to
  effectuate  the  provisions  and purposes of this article and the powers
  and duties of the division in connection therewith;
    (o) consult with appropriate state and local governments, institutions
  of higher learning, first responders, health care providers and  private
  entities  as necessary to effectuate the provisions of this article, and
  work with those entities to establish, facilitate and foster cooperation
  to better prepare the state to prevent and respond to threats  and  acts
  of terrorism and other natural and man-made disasters;
    (p)  to  serve  as  a  clearinghouse for the benefit of municipalities
  regarding information relating to available federal, state and  regional
  grant   programs   in   connection   with  homeland  security,  disaster
  preparedness, communication infrastructure and emergency first responder
  services, and to promulgate rules and regulations  necessary  to  ensure
  that grant information is timely posted on the division's website;
    (q) request from any department, division, office, commission or other
  agency  of  the state or any political subdivision thereof, and the same
  are authorized to provide, such assistance, services and data as may  be
  required  by the division of homeland security and emergency services in
  carrying out the purposes of this article, subject to  applicable  laws,
  rules, and regulations;
    (r)  develop  standards  and  a  certification  process  for  training
  programs  for  training  of  private  security  officers  in  commercial
  buildings which shall:
    (i) improve observation, detection and reporting skills;
    (ii)  improve  coordination  with  local  police,  fire  and emergency
  services;
    (iii) provide and improve skills in  working  with  advanced  security
  technology including surveillance and access control procedures;
    (iv) require at least forty hours of training including three hours of
  training devoted to terrorism awareness; and
    (v)  have  been  certified  as  a qualified program by the division of
  homeland security and emergency services;
    (s)  work  in  consultation  with  or  make  recommendations  to   the
  commissioner   of  agriculture  and  markets  in  developing  rules  and
  regulations relating to ammonium nitrate security; and
    (t) develop, maintain, and deploy state, regional and local all-hazard
  incident management teams.
    (u) Notwithstanding article  six-C  of  this  chapter,  or  any  other
  provision  of law to the contrary, the division of homeland security and
  emergency services shall establish best practices regarding training and
  education for firefighters and first responders which shall include  but
  not  be  limited  to:  minimum basic training for firefighters and first
  responders;  in-service   training   and   continuing   education;   and
  specialized  training  as  it  may  apply  to  the  specific duties of a
  category of emergency personnel.
    3. The division of homeland  security  and  emergency  services  shall
  consist  of several offices including, but not limited to, the office of
  counterterrorism, which shall have the powers, and  be  responsible  for

carrying out the duties, including but not limited to those set forth in
  section  seven  hundred  nine-a of this article; the office of emergency
  management, which shall have the powers, and be responsible for carrying
  out  the duties, including but not limited to those set forth in article
  two-B of this chapter; the office of fire prevention and control,  which
  shall  have  the powers, and be responsible for carrying out the duties,
  including but not limited to those set forth in article  six-C  of  this
  chapter;  the office of cyber security, which shall have the powers, and
  be responsible for carrying out the duties, including but not limited to
  those set forth in section seven hundred fifteen of  this  article;  and
  the  office  of  interoperable and emergency communications, which shall
  have the powers,  and  be  responsible  for  carrying  out  the  duties,
  including  but  not  limited to those set forth in section seven hundred
  seventeen of this article.
    4. As set forth in section seven hundred  ten  of  this  article,  the
  commissioner of the division of homeland security and emergency services
  shall  be  appointed by the governor, with the advice and consent of the
  senate, and hold office at the pleasure of the governor.  The  directors
  of   the   offices   of  counterterrorism,  emergency  management,  fire
  prevention and control, cyber security, and interoperable and  emergency
  communications,  and  such other offices as may be established, shall be
  appointed by, and hold office at the pleasure of, the governor and  they
  shall  report  to  the commissioner of the division of homeland security
  and emergency services.
    5.  The  directors  of  the  offices  of  counterterrorism,  emergency
  management,  fire  prevention and control, cyber security, interoperable
  and emergency communications, and  of  such  other  offices  as  may  be
  established,  shall,  in  consultation  with  the commissioner, have the
  authority to promulgate rules and regulations to carry out the duties of
  their  office,  including  the  establishment  of  fees   necessary   to
  compensate  for  costs  associated  with  the  delivery  of training and
  services.
    6.  The  directors  of  the  offices  of  counterterrorism,  emergency
  management,  fire  prevention and control, cyber security, interoperable
  and  emergency  communications,  and  such  other  offices  as  may   be
  established,  shall  have the authority to enter into contracts with any
  person, firm, corporation, municipality, or government entity.
    7. Annual report of the division. The commissioner of the division  of
  homeland  security  and  emergency  services shall, on or before January
  first in each year, submit to the governor, the temporary  president  of
  the  senate,  and  the  speaker of the assembly, a report concerning the
  performance of the division with  respect  to  outreach  to  businesses,
  not-for-profit  organizations,  and  the  general  public,  which  shall
  include  information  regarding  the  content  and  scope  of  seminars,
  conferences, surveys, programs, and other programmatic means of engaging
  such parties to identify and meet the needs of such parties with respect
  to  emergency  mitigation, preparedness, response, and recovery, and the
  participation of such parties therein.