2022 New York Laws
EXC - Executive
Article 2-B - State and Local Natural and Man-Made Disaster Preparedness
23 - Local Comprehensive Emergency Management Plans.

Universal Citation: NY Exec L § 23 (2022)
§ 23. Local  comprehensive emergency management plans. 1. Each county,
except those contained within the city of New York, and each city with a
population of  one  million  or  more,  shall  prepare  a  comprehensive
emergency  management plan. Each city with a population of less than one
million, town and village  is  authorized  to  prepare  a  comprehensive
emergency  management  plan.  The disaster preparedness commission shall
provide assistance and advice for the development of  such  plans.  Each
city  with  a population of less than one million, town and village plan
shall be coordinated with the county plan.
  2. The purpose of such plans  shall  be  to  minimize  the  effect  of
disasters  by  (i)  identifying  appropriate  local  measures to prevent
disasters, (ii) developing mechanisms to coordinate  the  use  of  local
resources  and  manpower  for service during and after disasters and the
delivery  of  services  to  aid  citizens  and  reduce  human  suffering
resulting  from  a  disaster,  and  (iii)  providing  for  recovery  and
redevelopment after disasters.
  3. Plans for coordination of resources, manpower  and  services  shall
provide  for  a  centralized  coordination and direction of requests for
assistance.
  4. Plans for coordination of assistance shall provide for  utilization
of existing organizations and lines of authority.
  5.  In  preparing such plans, cooperation, advice and assistance shall
be sought from local government officials, regional and  local  planning
agencies,  police  agencies,  fire departments and fire companies, local
emergency  management  agencies,  commercial  and  volunteer   ambulance
services,   health  and  social  services  officials,  community  action
agencies, the chief administrator of the courts, organizations  for  the
elderly  and  the  handicapped,  agencies and organizations that provide
home health care  services,  agencies  and  organizations  that  provide
hospice  services,  other interested groups and the general public. Such
advice and assistance may be obtained through public  hearings  held  on
public  notice,  or  through  other  appropriate  and practical methods,
through which such aforementioned  groups  may  offer  their  input  for
consideration  on  issues  that  support  the  effective preparation and
execution of the plan. In  addition,  in  the  case  of  home  care  and
hospice,  such  input may address procedures by which such providers may
be granted  essential  access  to  care  for  such  patients  during  an
emergency.
  6. All plans for comprehensive emergency management developed by local
governments   or  any  revisions  thereto  shall  be  submitted  to  the
commission by December thirty-first of each  year  to  facilitate  state
coordination of disaster operations.
  7. Such plans shall include, but not be limited to:
  a.  Disaster  prevention and mitigation. Plans to prevent and minimize
the effects of disasters shall include, but not be limited to:

(1) identification of hazards and assessment of risk;

(2) recommended disaster prevention and mitigation projects, policies, priorities and programs, with suggested implementation schedules, which outline federal, state and local roles;

(3) suggested revisions and additions to building and safety codes and zoning and other land use programs;

(4) such other measures as reasonably can be taken to protect lives, prevent disasters, and reduce their impact. b. Disaster response. Plans to coordinate the use of resources and manpower for service during and after disasters and to deliver services to aid citizens and reduce human suffering resulting from a disaster shall include, but not be limited to:

(1) coordination of resources, manpower and services, using recognized practices in incident management, utilizing existing organizations and lines of authority and centralized direction of requests for assistance;

(2) the location, procurement, construction, processing, transportation, storing, maintenance, renovation, distribution, disposal or use of materials, including those donated, and facilities and services which may be required in time of disaster;

(3) a system for warning populations who are or may be endangered;

(4) arrangements for activating municipal and volunteer forces, through normal chains of command so far as possible, and for continued communication and reporting;

(5) a specific plan for rapid and efficient communication and for the integration of local communication facilities during a disaster including the assignment of responsibilities and the establishment of communication priorities and liaison with municipal, private, state and federal communication facilities;

(6) a plan for coordination evacuation procedures including the establishment of temporary housing and other necessary facilities;

(7) criteria for establishing priorities with respect to the restoration of vital services and debris removal;

(8) plans for the continued effective operation of the civil and criminal justice systems;

(9) provisions for training local government personnel and volunteers in disaster response operations;

(10) providing information to the public;

(11) care for the injured and needy and identification and disposition of the dead;

(12) utilization and coordination of programs to assist victims of disasters, with particular attention to the needs of the poor, the elderly, individuals with disabilities and other groups which may be especially affected;

(13) control of ingress and egress to and from a disaster area, including but not limited to, exempting from travel bans those essential private and public personnel, as determined by the commission, who are summoned by their employers to assist in emergency services, such as utility and other workers who need to reach declared emergency areas in order to perform tasks related to the restoration and/or maintenance of energy and communications infrastructure;

(14) arrangements to administer state and federal disaster assistance;

(15) procedures under which the county, city, town, village or other political subdivision and emergency organization personnel and resources will be used in the event of a disaster;

(16) a system for obtaining and coordinating disaster information including the centralized assessment of local disaster effects and resultant needs;

(17) continued operation of governments of political subdivisions; and

(18) utilization and coordination of programs to assist individuals with household pets and service animals following a disaster, with particular attention to means of evacuation, shelter and transportation options. c. Recovery. Local plans to provide for recovery and redevelopment after disasters shall include, but not be limited to:

(1) recommendations for replacement, reconstruction, removal or relocation of damaged or destroyed public or private facilities, proposed new or amendments to zoning, subdivision, building, sanitary or fire prevention regulations and recommendations for economic development and community development in order to minimize the impact of any potential future disasters on the community.

(2) provision for cooperation with state and federal agencies in recovery efforts.

(3) provisions for training and educating local disaster officials or organizations in the preparation of applications for federal and state disaster recovery assistance.

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