§ 29-G — Emergency management assistance compact

New York § 29-G

• Jurisdiction: New York
• Law EXC: Executive
• Art. 2-B: State and Local Natural and Man-made Disaster Preparedness

Text

§ 29-g. Emergency management assistance compact. 1. The emergency\nmanagement assistance compact is made and entered into by and between\nthe participating member states which enact this compact, hereinafter\ncalled party states. For the purposes of this agreement, the term\n"states" is taken to mean the several states, the commonwealth of Puerto\nRico, the District of Columbia, and all United States territorial\npossessions.\n The purpose of this compact is to provide for mutual assistance\nbetween the states entering into this compact in managing any emergency\nor disaster that is duly declared by the governor of the affected state\nor states, whether arising from natural disaster, technological hazard,\nman-made disaster, civil emergency aspects of resource shortages,\ncommunity disorders, insurgency or enemy attack.\n This compact shall also provide for mutual cooperation in\nemergency-related exercises, testing or other training activities using\nequipment and personnel simulating performance of any aspect of the\ngiving and receiving of aid by party states or subdivisions of party\nstates during emergencies, such actions occurring outside actual\ndeclared emergency periods. Mutual assistance in this compact may\ninclude the use of the states' national guard forces, either in\naccordance with the national guard mutual assistance compact or by\nmutual agreement between states.\n 2. Each party state entering into this compact recognizes that many\nemergencies transcend political jurisdictional boundaries and that\nintergovernmental coordination is essential in managing these and other\nemergencies under this compact. Each state further recognizes that there\nwill be emergencies which require immediate access and present\nprocedures to apply outside resources to make a prompt and effective\nresponse to such an emergency. This is because few, if any, individual\nstates have all the resources they may need in all types of emergencies\nor the capability of delivering resources to areas where emergencies\nexist.\n The prompt, full and effective utilization of resources of the\nparticipating states, including any resources on hand or available from\nthe federal government or any other source, that are essential to the\nsafety, care and welfare of the people in the event of any emergency or\ndisaster declared by a party state, shall be the underlying principle on\nwhich all provisions of this compact shall be understood.\n On behalf of the governor of each state participating in the compact,\nthe legally designated state official who is assigned responsibility for\nemergency management will be responsible for formulation of the\nappropriate interstate mutual aid plans and procedures necessary to\nimplement this compact.\n 3. (a) It shall be the responsibility of each party state to formulate\nprocedural plans and programs for interstate cooperation in the\nperformance of the responsibilities listed in this section. In\nformulating such plans, and in carrying them out, the party states,\ninsofar as practical, shall:\n (1) Review individual state hazard analysis and, to the extent\nreasonably possible, determine all those potential emergencies the party\nstates might jointly suffer, whether due to natural disaster,\ntechnological hazard, man-made disaster, emergency aspects or resource\nshortages, civil disorders, insurgency or enemy attack.\n (2) Review party states' individual emergency plans and develop a plan\nwhich will determine the mechanism for the interstate management and\nprovision of assistance concerning any potential emergency.\n (3) Develop interstate procedures to fill any identified gaps and to\nresolve any identified inconsistencies or overlaps in existing or\ndeveloped plans.\n (4) Assist in warning communities adjacent to or crossing the state\nboundaries.\n (5) Protect and assure uninterrupted delivery of services, medicines,\nwater, food, energy and fuel, search and rescue and critical lifeline\nequipment, services and resources, both human and material.\n (6) Inventory and set procedures for the interstate loan and delivery\nof human material resources, together with procedures for reimbursement\nor forgiveness.\n (7) Provide, to the extent authorized by law, for temporary suspension\nof any statutes or ordinances that restrict the implementation of the\nabove responsibilities.\n (b) The authorized representative of a party state may request\nassistance of another party state by contacting the authorized\nrepresentative of that state. The provisions of this agreement shall\nonly apply to requests for assistance made by and to authorized\nrepresentatives. Requests may be verbal or in writing. If verbal, the\nrequest shall be confirmed in writing within thirty days of the verbal\nrequest. Requests shall provide the following information:\n (1) A description of the emergency service function for which\nassistance is needed, such as, but not limited to, fire services, law\nenforcement, emergency medical, transportation, communications, public\nworks and engineering, building inspection, planning and information\nassistance, mass care, resource support, health and medical services,\nand search and rescue.\n (2) The amount and type of personnel, equipment, materials and\nsupplies needed, and a reasonable estimate of the length of time that\nthey will be needed.\n (3) The specific place and time for staging of the assisting party's\nresponse and a point of contact at that location.\n (c) There shall be frequent consultation between state officials who\nhave assigned emergency management responsibilities and other\nappropriate representatives of the party states with affected\njurisdictions and the United States government, with free exchange of\ninformation, plans and resource records relating to emergency\ncapabilities.\n 4. Any party state requested to render mutual aid or conduct exercises\nand training for mutual aid shall take such action as is necessary to\nprovide and make available the resources covered by this compact in\naccordance with the terms hereof provided, that it is understood that\nthe state rendering aid may withhold resources to the extent necessary\nto provide reasonable protection for such state.\n Each party state shall afford to the emergency forces of any party\nstate, while operating within its state limits under the terms and\nconditions of this compact, the same powers (except that of arrest\nunless specifically authorized by the receiving state), duties, rights\nand privileges as are afforded forces of the state in which they are\nperforming emergency services. Emergency forces will continue under the\ncommand and control of their regular leaders, but the organizational\nunits will come under the operational control of the emergency services\nauthorities of the state receiving assistance. These conditions may be\nactivated, as needed, only subsequent to a declaration of a state of\nemergency or disaster by the governor of the party state that is to\nreceive assistance or commencement of exercises or training for mutual\naid and shall continue so long as the exercises or training for mutual\naid are in progress, the state, or states, of emergency or disaster\nremains in effect or loaned resources remain in the receiving states,\nwhichever is longer.\n 5. Whenever any person holds a license, certificate or other permit\nissued by any state party to the compact evidencing the meeting of\nqualifications for professional, mechanical or other skills, and when\nsuch assistance is requested by the receiving party state, such person\nshall be deemed licensed, certified, or permitted by the state\nrequesting assistance to render aid involving such skill to meet a\ndeclared emergency or disaster, subject to such limitations and\nconditions as the governor of the requesting state may prescribe by\nexecutive order or otherwise.\n 6. Officers or employees of a party state rendering aid in another\nstate pursuant to this compact shall be considered agents of the\nrequesting state for tort liability and immunity purposes and no party\nstate or its officers or employees rendering aid in another state\npursuant to this compact shall be liable on account or any act or\nomission in good faith on the part of such forces while so engaged or on\naccount of the maintenance or use of any equipment or supplies in\nconnection therewith. Good faith shall not include willful misconduct,\ngross negligence or recklessness.\n 7. Inasmuch as it is probable that the pattern and detail of the\nmachinery for mutual aid among two or more states may differ from that\namong the states that are parties hereto, this instrument contains\nelements of a broad base common to all states, and nothing contained\nherein shall preclude any state from entering into supplementary\nagreements with another state or affect any other agreements already in\nforce between states. Supplementary agreements may comprehend, but shall\nnot be limited to, provisions for evacuation and reception of injured\nand other persons and the exchange of medical, fire, police, public\nutility, reconnaissance, welfare, transportation and communications\npersonnel, and equipment and supplies.\n 8. Each party state shall provide for the payment of compensation and\ndeath benefits to injured members of the emergency forces of that state\nand representatives of deceased members of such forces in case such\nmembers sustain injuries or are killed while rendering aid pursuant to\nthis compact, in the same manner and on the same terms as if the injury\nor death were sustained within their own state.\n 9. Any party state rendering aid in another state pursuant to this\ncompact shall be reimbursed by the party state receiving such aid for\nany loss or damage to or expense incurred in the operation of any\nequipment and the provision of any service in answering a request for\naid and for the costs incurred in connection with such requests\nprovided, that any aiding party state may assume, in whole or in part,\nsuch loss, damage, expense or other cost, or may loan such equipment or\ndonate such services to the receiving party state without charge or cost\nprovided, however, that any two or more party states may enter into\nsupplementary agreements establishing a different allocation of costs\namong those states. Expenses under subdivision eight of this section\nshall not be reimbursable under this provision.\n 10. Plans for the orderly evacuation and interstate reception of\nportions of the civilian population as the result of any emergency or\ndisaster of sufficient proportions to so warrant, shall be worked out\nand maintained between the party states and the emergency\nmanagement/services directors of the various jurisdictions where any\ntype of incident requiring evacuations might occur. Such plans shall be\nput into effect by request of the state from which evacuees come and\nshall include the manner of transporting such evacuees, the number of\nevacuees to be received in different areas, the manner in which food,\nclothing, housing and medical care will be provided, the registration of\nthe evacuees, the providing of facilities for the notification of\nrelatives or friends, and the forwarding of such evacuees to other areas\nor the bringing in of additional materials, supplies and all other\nrelevant factors. Such plans shall provide that the party state\nreceiving evacuees and the party state from which the evacuees come\nshall mutually agree as to reimbursement of out-of-pocket expenses\nincurred in receiving and caring for such evacuees, for expenditures for\ntransportation, food, clothing, medicines and medical care, and like\nitems. Such expenditures shall be reimbursed as agreed by the party\nstate from which the evacuees come. After the termination of the\nemergency or disaster, the party state from which the evacuees come\nshall assume the responsibility for the ultimate support of repatriation\nof such evacuees.\n 11. (a) This compact shall become operative immediately upon its\nenactment into law by any two states; thereafter, this compact shall\nbecome effective as to any other state upon its enactment by such state.\n (b) Any party state may withdraw from this compact by enacting a\nstatute repealing the same, but no such withdrawal shall take effect\nuntil thirty days after the governor of the withdrawing state has given\nnotice in writing of such withdrawal to the governors of all other party\nstates. Such action shall not relieve the withdrawing state from\nobligations assumed hereunder prior to the effective date of withdrawal.\n (c) Duly authenticated copies of this compact and of such\nsupplementary agreements as may be entered into shall, at the time of\ntheir approval be deposited with each of the party states and with the\nfederal emergency management agency and other appropriate agencies of\nthe United States government.\n 12. This compact shall be construed to effectuate the purposes stated\nin subdivision one of this section. If any provision of this compact is\ndeclared unconstitutional, or the applicability thereof to any person or\ncircumstances is held invalid, the constitutionality of the remainder of\nthis compact and the applicability thereof to other persons and\ncircumstances shall not be affected thereby.\n 13. Nothing in this compact shall authorize or permit the use of\nmilitary forces by the National Guard of a state at any place outside\nthe state in any emergency for which the president is authorized by law\nto call into federal service the militia, or for any purposes for which\nthe use of the army or the air force would in the absence of express\nstatutory authorization be prohibited under section 1385 of title 18,\nUnited States code.\n 14. The legally designated state official who is assigned\nresponsibility for emergency management shall not offer resources to, or\nrequest resources from, another compact member state, without prior\ndiscussion with and concurrence from the state agency, department,\noffice, division, board, bureau, commission or authority that may be\nasked to provide resources or that may utilize resources from another\ncompact member state.\n 15. The director of the state emergency management office shall, on or\nbefore the first day of January, two thousand two, provide to the\nlegislature and the governor copies of all mutual aid plans and\nprocedures promulgated, developed or entered into after the effective\ndate of this section. The director of the state emergency management\noffice shall annually hereafter provide the legislature and governor\nwith copies of all new or amended mutual aid plans and procedures on or\nbefore the first day of January of each year.\n