2013 New York Consolidated Laws
EXC - Executive
Article 2-B - (20 - 29-J) 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; provided,
  however, with respect to school  districts  and  boards  of  cooperative
  educational services, such participation shall be limited to the sharing
  of facilities management and administrative personnel and equipment.
    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, village, school
  district or board of cooperative educational services of the state;
    c. "Local emergency management director" 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;
    f. "Disaster" shall have the same meaning as in section twenty of this
  article;
    g.  "School  district"  shall have the same meaning as in title two of
  the education law, including any public school district and any  special
  act  school  district  as  defined  in  section four thousand one of the
  education law; and
    h. "Board of cooperative educational services"  shall  have  the  same
  meaning as in section nineteen hundred fifty of the education law.
    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,  the  commissioner  of   education   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   and   one
  representative   from   a   school  district  or  board  of  cooperative
  educational services. Such representatives, who shall  serve  a  maximum
  two-year term, shall 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.
  Subject   to   the  restrictions  on  school  districts  and  boards  of
  cooperative educational services set forth in subdivision  one  of  this
  section,  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.
  Notwithstanding the provisions of section twenty-five of  this  article,
  the  local  emergency  management  director  shall have the authority to
  request and accept assistance and deploy the local resources of  his  or
  her jurisdiction under the intrastate mutual aid program.
    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 reimbursement under this program for loss,  damage
  or expenses incurred in connection with the provision of assistance that
  seeks  reimbursement  by the requesting local government shall make such
  request in accordance with procedures developed by the intrastate mutual
  aid committee.
    b. Notwithstanding the  provisions  of  section  twenty-five  of  this
  article  or  any  inconsistent  provision  of  law  to the contrary, any
  requesting local government requesting  assistance  under  this  program
  shall  be  liable  and responsible to the assisting local government for
  any loss or damage to equipment or supplies and shall bear and  pay  the
  expense  incurred  in the operation and maintenance of any equipment and
  the cost of materials and supplies used in  rendering  assistance  under
  this section.
    c.  The  assisting  local  government  shall be liable for salaries or
  other compensation for its employees  deployed  to  a  requesting  local
  government during the time they are not rendering assistance pursuant to
  such  request,  and  shall  defray  the actual traveling and maintenance
  expense  of  its  employees  and  equipment  while  they  are  rendering
  assistance  under  this  section.  The requesting local government shall
  reimburse the assisting local government for any moneys  paid  for  such
  salaries  or  other  compensation and traveling and maintenance expenses
  incurred from activities performed while rendering assistance under this
  program.
    d. Notwithstanding paragraph c  of  this  subdivision,  any  voluntary
  ambulance  service  rendered  pursuant to a request for assistance under

  this program that affects a volunteer ambulance workers service award or
  supplemental  service  award  from  a  service  award   program   or   a
  supplemental  service  award  program  established  pursuant  to article
  eleven-aa,  article  eleven-aaa,  or  article eleven-aaaa of the general
  municipal law shall be the responsibility of the  political  subdivision
  which  adopted  the  service award program or supplemental service award
  program and not the responsibility of the requesting local government.
    e. 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. Performance of services. a. (1) Employees  of  an  assisting  local
  government shall continue under the administrative control of their home
  jurisdiction.  However,  in  all  other  cases  where  not prohibited by
  general, special or local law,  rule  or  regulation,  employees  of  an
  assisting  local  government shall be under the direction and control of
  the local emergency management director or other official  charged  with
  performing  emergency  management  functions  for  the  requesting local
  government;
    (2) Performance by employees  of  an  assisting  local  government  of
  services  for  a  requesting  local  government pursuant to this section
  shall have no impact upon whether negotiating unit employees represented
  by an employee organization, recognized or certified pursuant to section
  two hundred  six  or  two  hundred  seven  of  the  civil  service  law,
  exclusively  perform such services, as that phrase is used by the public
  employment  relations  board,  on  behalf  of   the   requesting   local
  government;
    b.  Assets  and  equipment  of  an  assisting  local  government shall
  continue under the ownership of  the  assisting  local  government,  but
  shall  be  under  the  direction  and  control  of  the  local emergency
  management director or other official charged with performing  emergency
  management functions for the requesting local government.
    10.  Liability.  a. Each local government is responsible for procuring
  and maintaining insurance or other coverage as it deems appropriate.
    b. While rendering assistance under the intrastate mutual aid program,
  employees  of  the  assisting  local  government  shall  have  the  same
  immunities  and privileges as if such duties were performed within their
  home jurisdiction. An assisting local  government  providing  assistance
  pursuant  to  the  intrastate mutual aid program shall be liable for the
  negligence of its employees, which occurs in the  performance  of  their
  duties  in  the same manner and to the same extent as if such negligence
  occurred in the performance of their duties in their home jurisdiction.
    c. Employees  of  an  assisting  local  government  responding  to  or
  rendering  assistance  pursuant  to a request for assistance who sustain
  injury or death in the course of, and arising out of, their response are
  entitled to all applicable benefits as if they were responding in  their
  home  jurisdiction.  The  assisting local government shall be liable for
  all costs or payments for such benefits as required by law.
    d. Nothing in this section shall be construed to prevent the assisting
  and requesting local governments from agreeing to other terms related to
  liability and compensation. Local governments may choose to  enter  into
  an agreement, at any time, to alter these terms as they deem necessary.
    e.  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 home
  jurisdiction.
    11.  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.
    12.  License,  certificate  and permit portability. a. State certified
  emergency medical services providers who respond outside of their normal
  jurisdiction pursuant to a request for  assistance  under  this  program
  shall follow their normal operating protocols as if they were responding
  and rendering services in their home jurisdiction.
    b.  Any  other  individual  authorized and deployed by a participating
  local government when responding pursuant to a  request  for  assistance
  under this program shall have the same powers and duties as if they were
  responding in their home jurisdiction.