2013 New York Consolidated Laws
EXC - Executive
Article 2-B - (20 - 29-J) STATE AND LOCAL NATURAL AND MAN-MADE DISASTER PREPAREDNESS
20 - Natural and man-made disasters; policy; definitions.

 
    § 20. Natural and man-made disasters; policy; definitions. 1. It shall
  be the policy of the state that:
    a. local government and emergency service organizations continue their
  essential  role  as  the first line of defense in times of disaster, and
  that the state provide appropriate supportive  services  to  the  extent
  necessary;
    b.  local  chief  executives  take  an active and personal role in the
  development and implementation of disaster preparedness programs and  be
  vested  with authority and responsibility in order to insure the success
  of such programs;
    c. state and local natural disaster and emergency  response  functions
  be  coordinated  using  recognized  practices  in incident management 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
    e. state and local plans, organizational  arrangements,  and  response
  capability  required  to execute the provisions of this article shall at
  all times be the most effective that current circumstances and  existing
  resources allow.
    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 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,  air  contamination,
  terrorism,   cyber   event,  blight,  drought,  infestation,  explosion,
  radiological accident, nuclear, chemical, biological, or bacteriological
  release, water contamination, bridge failure or bridge collapse.
    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.  "commission"  means  the  disaster preparedness commission created
  pursuant to section twenty-one of this article.
    e. "emergency services organization" means a public or private agency,
  voluntary organization  or  group  organized  and  functioning  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-supported  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, 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  manager,  it
  shall mean such manager.
    g.  "Disaster  emergency  response  personnel"  means agencies, public
  officers,  employees,  or  affiliated  volunteers  having   duties   and
  responsibilities   under   or  pursuant  to  a  comprehensive  emergency
  management plan.

    h. "Emergency  management  director"  means  the  government  official
  responsible  for  emergency  preparedness,  response  and recovery for a
  county, city, town, or village.
    i.  "incident management team" means a state certified team of trained
  personnel  from  different  departments,  organizations,  agencies,  and
  jurisdictions  within  the state, or a region of the state, activated to
  support  and  manage  major  and/or  complex   incidents   requiring   a
  significant number of local, regional, and state resources.
    j.  "executive  level  officer"  means a state agency officer with the
  authority to deploy agency  assets  and  resources  and  make  decisions
  binding a state agency.
    k.  "third  party  non-state  resources" means any contracted resource
  that is not owned or controlled by the state or a political  subdivision
  including,  but  not  limited  to,  ambulances,  construction  crews, or
  contractors.