2013 New York Consolidated Laws
EXC - Executive
Article 2-B - (20 - 29-J) STATE AND LOCAL NATURAL AND MAN-MADE DISASTER PREPAREDNESS
28 - State declaration of disaster emergency.


NY Exec L § 28 (2012) What's This?
 
    § 28. State   declaration  of  disaster  emergency.  1.  Whenever  the
  governor, on his own initiative or pursuant to a  request  from  one  or
  more  chief  executives,  finds  that  a disaster has occurred or may be
  imminent for which local governments are unable to  respond  adequately,
  he shall declare a disaster emergency by executive order.
    2.  Upon  declaration  of  a  disaster  arising  from  a  radiological
  accident, the governor or his designee, shall direct one or  more  chief
  executives and emergency services organizations to:
    (a) notify the public that an emergency exists; and
    (b)  take  appropriate protective actions pursuant to the radiological
  emergency preparedness plan approved pursuant to sections twenty-two and
  twenty-three of this article. The governor, or his designee, shall  also
  have  authority  to  direct  that  other  actions be taken by such chief
  executives pursuant to their authority under section twenty-four of this
  article.
    3. The executive order shall include a description  of  the  disaster,
  and the affected area. Such order or orders shall remain in effect for a
  period  not  to  exceed  six  months or until rescinded by the governor,
  whichever occurs first. The governor  may  issue  additional  orders  to
  extend the state disaster emergency for additional periods not to exceed
  six months.
    4.  Whenever  the  governor  shall  find  that  a  disaster is of such
  severity  and  magnitude  that  effective   response   is   beyond   the
  capabilities  of the state and the affected jurisdictions, he shall make
  an appropriate request for federal assistance  available  under  federal
  law,  and  may  make  available  out  of  any  funds  provided under the
  governmental emergency fund or such other funds  as  may  be  available,
  sufficient  funds  to  provide  the  required state share of grants made
  under  any  federal  program  for  meeting  disaster  related   expenses
  including those available to individuals and families.

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