2013 New York Consolidated Laws
EXC - Executive
Article 2-B - (20 - 29-J) STATE AND LOCAL NATURAL AND MAN-MADE DISASTER PREPAREDNESS
29-G - Emergency management assistance compact.

 
    §  29-g.  Emergency  management  assistance  compact. 1. The emergency
  management assistance compact is made and entered into  by  and  between
  the  participating  member  states which enact this compact, hereinafter
  called party states. For  the  purposes  of  this  agreement,  the  term
  "states" is taken to mean the several states, the commonwealth of Puerto
  Rico,  the  District  of  Columbia,  and  all  United States territorial
  possessions.
    The purpose of this  compact  is  to  provide  for  mutual  assistance
  between  the states entering into this compact in managing any emergency
  or disaster that is duly declared by the governor of the affected  state
  or  states, whether arising from natural disaster, technological hazard,
  man-made  disaster,  civil  emergency  aspects  of  resource  shortages,
  community disorders, insurgency or enemy attack.
    This   compact   shall   also   provide   for  mutual  cooperation  in
  emergency-related exercises, testing or other training activities  using
  equipment  and  personnel  simulating  performance  of any aspect of the
  giving and receiving of aid by party states  or  subdivisions  of  party
  states   during  emergencies,  such  actions  occurring  outside  actual
  declared emergency  periods.  Mutual  assistance  in  this  compact  may
  include  the  use  of  the  states'  national  guard  forces,  either in
  accordance with the national  guard  mutual  assistance  compact  or  by
  mutual agreement between states.
    2.  Each  party  state entering into this compact recognizes that many
  emergencies  transcend  political  jurisdictional  boundaries  and  that
  intergovernmental  coordination is essential in managing these and other
  emergencies under this compact. Each state further recognizes that there
  will  be  emergencies  which  require  immediate  access   and   present
  procedures  to  apply  outside  resources to make a prompt and effective
  response to such an emergency. This is because few, if  any,  individual
  states  have all the resources they may need in all types of emergencies
  or the capability of delivering resources  to  areas  where  emergencies
  exist.
    The  prompt,  full  and  effective  utilization  of  resources  of the
  participating states, including any resources on hand or available  from
  the  federal  government  or any other source, that are essential to the
  safety, care and welfare of the people in the event of any emergency  or
  disaster declared by a party state, shall be the underlying principle on
  which all provisions of this compact shall be understood.
    On  behalf of the governor of each state participating in the compact,
  the legally designated state official who is assigned responsibility for
  emergency  management  will  be  responsible  for  formulation  of   the
  appropriate  interstate  mutual  aid  plans  and procedures necessary to
  implement this compact.
    3. (a) It shall be the responsibility of each party state to formulate
  procedural  plans  and  programs  for  interstate  cooperation  in   the
  performance   of   the  responsibilities  listed  in  this  section.  In
  formulating such plans, and in carrying  them  out,  the  party  states,
  insofar as practical, shall:
    (1)  Review  individual  state  hazard  analysis  and,  to  the extent
  reasonably possible, determine all those potential emergencies the party
  states  might  jointly  suffer,  whether  due   to   natural   disaster,
  technological  hazard,  man-made disaster, emergency aspects or resource
  shortages, civil disorders, insurgency or enemy attack.
    (2) Review party states' individual emergency plans and develop a plan
  which will determine the mechanism for  the  interstate  management  and
  provision of assistance concerning any potential emergency.

    (3)  Develop  interstate procedures to fill any identified gaps and to
  resolve any  identified  inconsistencies  or  overlaps  in  existing  or
  developed plans.
    (4)  Assist  in  warning communities adjacent to or crossing the state
  boundaries.
    (5) Protect and assure uninterrupted delivery of services,  medicines,
  water,  food,  energy  and fuel, search and rescue and critical lifeline
  equipment, services and resources, both human and material.
    (6) Inventory and set procedures for the interstate loan and  delivery
  of  human material resources, together with procedures for reimbursement
  or forgiveness.
    (7) Provide, to the extent authorized by law, for temporary suspension
  of any statutes or ordinances that restrict the  implementation  of  the
  above responsibilities.
    (b)  The  authorized  representative  of  a  party  state  may request
  assistance  of  another  party  state  by  contacting   the   authorized
  representative  of  that  state.  The provisions of this agreement shall
  only apply  to  requests  for  assistance  made  by  and  to  authorized
  representatives.  Requests  may  be verbal or in writing. If verbal, the
  request shall be confirmed in writing within thirty days of  the  verbal
  request. Requests shall provide the following information:
    (1)  A  description  of  the  emergency  service  function  for  which
  assistance is needed, such as, but not limited to,  fire  services,  law
  enforcement,  emergency  medical, transportation, communications, public
  works and engineering, building  inspection,  planning  and  information
  assistance,  mass  care,  resource support, health and medical services,
  and search and rescue.
    (2) The  amount  and  type  of  personnel,  equipment,  materials  and
  supplies  needed,  and  a reasonable estimate of the length of time that
  they will be needed.
    (3) The specific place and time for staging of the  assisting  party's
  response and a point of contact at that location.
    (c)  There  shall be frequent consultation between state officials who
  have  assigned   emergency   management   responsibilities   and   other
  appropriate   representatives   of   the   party  states  with  affected
  jurisdictions and the United States government, with  free  exchange  of
  information,   plans   and   resource   records  relating  to  emergency
  capabilities.
    4. Any party state requested to render mutual aid or conduct exercises
  and training for mutual aid shall take such action as  is  necessary  to
  provide  and  make  available  the  resources covered by this compact in
  accordance with the terms hereof provided, that it  is  understood  that
  the  state  rendering aid may withhold resources to the extent necessary
  to provide reasonable protection for such state.
    Each party state shall afford to the emergency  forces  of  any  party
  state,  while  operating  within  its  state  limits under the terms and
  conditions of this compact, the  same  powers  (except  that  of  arrest
  unless  specifically  authorized by the receiving state), duties, rights
  and privileges as are afforded forces of the state  in  which  they  are
  performing  emergency services. Emergency forces will continue under the
  command and control of their regular  leaders,  but  the  organizational
  units  will come under the operational control of the emergency services
  authorities of the state receiving assistance. These conditions  may  be
  activated,  as  needed,  only  subsequent to a declaration of a state of
  emergency or disaster by the governor of the  party  state  that  is  to
  receive  assistance  or commencement of exercises or training for mutual
  aid and shall continue so long as the exercises or training  for  mutual
  aid  are  in  progress,  the  state, or states, of emergency or disaster

  remains in effect or loaned resources remain in  the  receiving  states,
  whichever is longer.
    5.  Whenever  any  person holds a license, certificate or other permit
  issued by any state party to  the  compact  evidencing  the  meeting  of
  qualifications  for  professional,  mechanical or other skills, and when
  such assistance is requested by the receiving party state,  such  person
  shall   be  deemed  licensed,  certified,  or  permitted  by  the  state
  requesting assistance to render aid  involving  such  skill  to  meet  a
  declared   emergency  or  disaster,  subject  to  such  limitations  and
  conditions as the governor of the  requesting  state  may  prescribe  by
  executive order or otherwise.
    6.  Officers  or  employees  of a party state rendering aid in another
  state pursuant to  this  compact  shall  be  considered  agents  of  the
  requesting  state  for tort liability and immunity purposes and no party
  state or its officers  or  employees  rendering  aid  in  another  state
  pursuant  to  this  compact  shall  be  liable  on account or any act or
  omission in good faith on the part of such forces while so engaged or on
  account of the maintenance or  use  of  any  equipment  or  supplies  in
  connection  therewith.  Good faith shall not include willful misconduct,
  gross negligence or recklessness.
    7. Inasmuch as it is probable that  the  pattern  and  detail  of  the
  machinery  for  mutual aid among two or more states may differ from that
  among the states that  are  parties  hereto,  this  instrument  contains
  elements  of  a  broad  base common to all states, and nothing contained
  herein  shall  preclude  any  state  from  entering  into  supplementary
  agreements  with another state or affect any other agreements already in
  force between states. Supplementary agreements may comprehend, but shall
  not be limited to, provisions for evacuation and  reception  of  injured
  and  other  persons  and  the  exchange of medical, fire, police, public
  utility,  reconnaissance,  welfare,  transportation  and  communications
  personnel, and equipment and supplies.
    8.  Each party state shall provide for the payment of compensation and
  death benefits to injured members of the emergency forces of that  state
  and  representatives  of  deceased  members  of such forces in case such
  members sustain injuries or are killed while rendering aid  pursuant  to
  this  compact, in the same manner and on the same terms as if the injury
  or death were sustained within their own state.
    9. Any party state rendering aid in another  state  pursuant  to  this
  compact  shall  be  reimbursed by the party state receiving such aid for
  any loss or damage to or  expense  incurred  in  the  operation  of  any
  equipment  and  the  provision of any service in answering a request for
  aid and  for  the  costs  incurred  in  connection  with  such  requests
  provided,  that  any aiding party state may assume, in whole or in part,
  such loss, damage, expense or other cost, or may loan such equipment  or
  donate such services to the receiving party state without charge or cost
  provided,  however,  that  any  two  or more party states may enter into
  supplementary agreements establishing a different  allocation  of  costs
  among  those  states.  Expenses  under subdivision eight of this section
  shall not be reimbursable under this provision.
    10. Plans for the  orderly  evacuation  and  interstate  reception  of
  portions  of  the  civilian population as the result of any emergency or
  disaster of sufficient proportions to so warrant, shall  be  worked  out
  and   maintained   between   the   party   states   and   the  emergency
  management/services directors of the  various  jurisdictions  where  any
  type  of incident requiring evacuations might occur. Such plans shall be
  put into effect by request of the state from  which  evacuees  come  and
  shall  include  the  manner of transporting such evacuees, the number of
  evacuees to be received in different areas, the manner  in  which  food,

  clothing, housing and medical care will be provided, the registration of
  the  evacuees,  the  providing  of  facilities  for  the notification of
  relatives or friends, and the forwarding of such evacuees to other areas
  or  the  bringing  in  of  additional  materials, supplies and all other
  relevant  factors.  Such  plans  shall  provide  that  the  party  state
  receiving  evacuees  and  the  party  state from which the evacuees come
  shall mutually agree  as  to  reimbursement  of  out-of-pocket  expenses
  incurred in receiving and caring for such evacuees, for expenditures for
  transportation,  food,  clothing,  medicines  and medical care, and like
  items. Such expenditures shall be reimbursed  as  agreed  by  the  party
  state  from  which  the  evacuees  come.  After  the  termination of the
  emergency or disaster, the party state  from  which  the  evacuees  come
  shall assume the responsibility for the ultimate support of repatriation
  of such evacuees.
    11.  (a)  This  compact  shall  become  operative immediately upon its
  enactment into law by any two states;  thereafter,  this  compact  shall
  become effective as to any other state upon its enactment by such state.
    (b)  Any  party  state  may  withdraw  from this compact by enacting a
  statute repealing the same, but no such  withdrawal  shall  take  effect
  until  thirty days after the governor of the withdrawing state has given
  notice in writing of such withdrawal to the governors of all other party
  states. Such  action  shall  not  relieve  the  withdrawing  state  from
  obligations assumed hereunder prior to the effective date of withdrawal.
    (c)   Duly   authenticated   copies   of  this  compact  and  of  such
  supplementary agreements as may be entered into shall, at  the  time  of
  their  approval  be deposited with each of the party states and with the
  federal emergency management agency and other  appropriate  agencies  of
  the United States government.
    12.  This compact shall be construed to effectuate the purposes stated
  in subdivision one of this section. If any provision of this compact  is
  declared unconstitutional, or the applicability thereof to any person or
  circumstances is held invalid, the constitutionality of the remainder of
  this  compact  and  the  applicability  thereof  to  other  persons  and
  circumstances shall not be affected thereby.
    13. Nothing in this compact shall  authorize  or  permit  the  use  of
  military  forces  by  the National Guard of a state at any place outside
  the state in any emergency for which the president is authorized by  law
  to  call into federal service the militia, or for any purposes for which
  the use of the army or the air force would in  the  absence  of  express
  statutory  authorization  be  prohibited under section 1385 of title 18,
  United States code.
    14.  The  legally  designated   state   official   who   is   assigned
  responsibility for emergency management shall not offer resources to, or
  request  resources  from,  another  compact  member state, without prior
  discussion with and  concurrence  from  the  state  agency,  department,
  office,  division,  board,  bureau,  commission or authority that may be
  asked to provide resources or that may utilize  resources  from  another
  compact member state.
    15. The director of the state emergency management office shall, on or
  before  the  first  day  of  January,  two  thousand two, provide to the
  legislature and  the  governor  copies  of  all  mutual  aid  plans  and
  procedures  promulgated,  developed  or entered into after the effective
  date of this section. The director of  the  state  emergency  management
  office  shall  annually  hereafter  provide the legislature and governor
  with copies of all new or amended mutual aid plans and procedures on  or
  before the first day of January of each year.