§ 29-H — Intrastate mutual aid program

§ 29-h. Intrastate mutual aid program. 1. Creation. There is hereby\ncreated the intrastate mutual aid program to complement existing mutual\naid agreements in the event of a disaster that results in a formal\ndeclaration of an emergency by a participating local government. All\nlocal governments within the state, excepting those which affirmatively\nchoose not to participate in accordance with subdivision four of this\nsection, are deemed to be participants in the program; provided,\nhowever, with respect to school districts and boards of cooperative\neducational services, such participation shall be limited to the sharing\nof facilities management and administrative personnel and equipment.\n 2. Definitions. As used in this section, the following terms shall\nhave the following meanings:\n a. "Employee" means any person holding a position by election,\nappointment, or employment by a local government;\n b. "Local government" means any county, city, town, village, school\ndistrict or board of cooperative educational services of the state;\n c. "Local emergency management director" means the local government\nofficial responsible for emergency preparedness, response and recovery;\n d. "Requesting local government" means the local government that asks\nanother local government for assistance during a declared emergency, or\nfor the purposes of conducting training, or undertaking a drill or\nexercise;\n e. "Assisting local government" means one or more local governments\nthat provide assistance pursuant to a request for assistance from a\nrequesting local government during a declared emergency, or for the\npurposes of conducting training, or undertaking a drill or exercise;\n f. "Disaster" shall have the same meaning as in section twenty of this\narticle;\n g. "School district" shall have the same meaning as in title two of\nthe education law, including any public school district and any special\nact school district as defined in section four thousand one of the\neducation law; and\n h. "Board of cooperative educational services" shall have the same\nmeaning as in section nineteen hundred fifty of the education law.\n 3. Intrastate mutual aid program committee established; meetings;\npowers and duties. a. There is hereby created within the disaster\npreparedness commission an intrastate mutual aid program committee, for\npurposes of this section to be referred to as the committee, which shall\nbe chaired by the commissioner of the division of homeland security and\nemergency services, and shall include the state fire administrator, the\ncommissioner of health, the commissioner of education and the\ncommissioner of agriculture and markets, provided that each such\nofficial may appoint a designee to serve in his or her place on the\ncommittee. The committee shall also include five representatives from\nlocal public safety or emergency response agencies and one\nrepresentative from a school district or board of cooperative\neducational services. Such representatives, who shall serve a maximum\ntwo-year term, shall be appointed by the commissioner of the division of\nhomeland security and emergency services, with regard to a balance of\ngeographic representation and discipline expertise.\n b. The committee, on the call of the chairperson, shall meet at least\ntwice each year and at such other times as may be necessary. The agenda\nand meeting place of all regular meetings shall be made available to the\npublic in advance of such meetings and all such meetings shall be open\nto the public.\n c. The committee shall have the following powers and responsibilities:\n (1) to promulgate rules and regulations, acting through the division\nof homeland security and emergency services, to implement the intrastate\nmutual aid program as described in this section;\n (2) to develop policies, procedures and guidelines associated with the\nprogram, including a process for the reimbursement of assisting local\ngovernments by requesting local governments;\n (3) to evaluate the use of the intrastate mutual aid program;\n (4) to examine issues facing participating local governments regarding\nthe implementation of the intrastate mutual aid program; and\n (5) to prepare reports to the disaster preparedness commission\ndiscussing the effectiveness of mutual aid in the state and making\nrecommendations for improving the efficacy of the system, if\nappropriate.\n 4. Local government participation in the intrastate mutual aid\nprogram. a. A local government may elect not to participate in the\nintrastate mutual aid program, or to withdraw from the program, by its\ngoverning body enacting a resolution declaring that it elects not to\nparticipate in the program and providing such resolution to the division\nof homeland security and emergency services. Participation in the\nprogram will continue until a copy of such resolution is received and\nconfirmed by the division of homeland security and emergency services.\n b. A local government that has declined to participate in the program\nmay, acting by resolution through its governing body and providing a\ncopy of the resolution to the division of homeland security and\nemergency services, elect to participate in the program.\n c. Nothing in this section shall preclude a local government from\nentering into mutual aid agreements with other local governments or\nother entities with terms that supplement or differ from the provisions\nof this section.\n d. Nothing in this section shall affect any other agreement to which a\nlocal government may currently be a party, or later enter into,\nincluding, but not limited to, the state fire mobilization and mutual\naid plan.\n 5. Fire related resources. Notwithstanding the authority vested\npursuant to this section, all fire related resources shall be\nadministered pursuant to section two hundred nine-e of the general\nmunicipal law.\n 6. Requesting assistance under the intrastate mutual aid program. a.\nSubject to the restrictions on school districts and boards of\ncooperative educational services set forth in subdivision one of this\nsection, the state or a participating local government may request\nassistance of other participating local governments in preventing,\nmitigating, responding to and recovering from disasters that result in\nthe declaration of a state disaster emergency or locally-declared\nemergencies, or for the purpose of conducting multi-jurisdictional or\nregional training, drills or exercises. Requests for assistance may be\nmade verbally or in writing; verbal requests shall be memorialized in\nwriting as soon thereafter as is practicable. Notwithstanding the\nprovisions of section twenty-five of this article, the local emergency\nmanagement director shall have the authority to request and accept\nassistance and deploy the local resources of his or her jurisdiction\nunder the intrastate mutual aid program. The director of the state\noffice of emergency management is authorized to request and accept\nassistance pursuant to this section.\n b. Once an emergency is declared at the county level, all requests and\noffers for assistance, to the extent practical, shall be made through\nthe county emergency management office, or in the case of the city of\nNew York, through the city emergency management office. All requests for\nassistance should include:\n (1) a description of the disaster;\n (2) a description of the assistance needed;\n (3) a description of the mission for which assistance is requested;\n (4) an estimate of the length of time the assistance will be needed;\n (5) the specific place and time for staging of the assistance and a\npoint of contact at that location; and\n (6) any other information that will enable an assisting local\ngovernment to respond appropriately to the request.\n c. Assisting local governments shall submit to the state or requesting\nlocal government an inventory of the resources being deployed.\n d. The written request for assistance and all inventories of resources\nbeing deployed shall be submitted to the division of homeland security\nand emergency services within three calendar days of the request for or\ndeployment of such resources.\n 7. Division of homeland security and emergency services\nresponsibilities under the intrastate mutual aid program. The division\nof homeland security and emergency services shall provide notification\nby mail to each local government with a comprehensive description of the\nintrastate mutual aid program, including a statement that all local\ngovernments are participants of the program unless they expressly opt\nout pursuant to subdivision four of this section; maintain a current\nlist of participating local governments with their authorized\nrepresentatives and contact information, and provide a copy of the list\nto each of the participating local governments on an annual basis during\nthe second quarter of each calendar year; monitor and report to the\nintrastate mutual aid program committee on the use of the intrastate\nmutual aid program; coordinate the provision of mutual aid resources in\naccordance with the comprehensive emergency management plan and\nsupporting protocols; identify mutual aid best practices; when\npractical, provide the committee with statistical information related to\nthe use of mutual aid during recent regional disaster responses; and\nassist with the development, implementation and management of a\nstate-wide resource typing system.\n 8. Reimbursement of assisting local government by the state or\nrequesting local government; resolving disputes regarding reimbursement.\na. Any assisting local government requesting reimbursement under this\nprogram for loss, damage or expenses incurred in connection with the\nprovision of assistance that seeks reimbursement by the state or\nrequesting local government shall make such request in accordance with\nprocedures developed by the intrastate mutual aid committee.\n b. Notwithstanding the provisions of section twenty-five of this\narticle or any inconsistent provision of law to the contrary, the state\nor any requesting local government requesting assistance under this\nprogram shall be liable and responsible to the assisting local\ngovernment for any loss or damage to equipment or supplies and shall\nbear and pay the expense incurred in the operation and maintenance of\nany equipment and the cost of materials and supplies used in rendering\nassistance under this section.\n c. The assisting local government shall be liable for salaries or\nother compensation for its employees deployed to the state or a\nrequesting local government during the time they are not rendering\nassistance pursuant to such request, and shall defray the actual\ntraveling and maintenance expense of its employees and equipment while\nthey are rendering assistance under this section. The state or\nrequesting local government shall reimburse the assisting local\ngovernment for any moneys paid for such salaries or other compensation\nand traveling and maintenance expenses incurred from activities\nperformed while rendering assistance under this program.\n d. Notwithstanding paragraph c of this subdivision, any voluntary\nambulance service rendered pursuant to a request for assistance under\nthis program that affects a volunteer ambulance workers service award or\nsupplemental service award from a service award program or a\nsupplemental service award program established pursuant to article\neleven-aa, article eleven-aaa, or article eleven-aaaa of the general\nmunicipal law shall be the responsibility of the political subdivision\nwhich adopted the service award program or supplemental service award\nprogram and not the responsibility of the state or requesting local\ngovernment.\n e. Where a dispute arises between an assisting local government and\nthe state or a requesting local government regarding reimbursement for\nloss, damages or expenses incurred in connection with the provision of\naid, the parties will make every effort to resolve the dispute within\nthirty business days of written notice of the dispute by the party\nasserting noncompliance.\n 9. Performance of services. a. (1) Employees of an assisting local\ngovernment shall continue under the administrative control of their home\njurisdiction. However, in all other cases where not prohibited by\ngeneral, special or local law, rule or regulation, employees of an\nassisting local government shall be under the direction and control of\nthe director of the state office of emergency management, local\nemergency management director or other official charged with performing\nemergency management functions for the state or requesting local\ngovernment;\n (2) Performance by employees of an assisting local government of\nservices for the state or a requesting local government pursuant to this\nsection shall have no impact upon whether negotiating unit employees\nrepresented by an employee organization, recognized or certified\npursuant to section two hundred six or two hundred seven of the civil\nservice law, exclusively perform such services, as that phrase is used\nby the public employment relations board, on behalf of the state or\nrequesting local government;\n b. Assets and equipment of an assisting local government shall\ncontinue under the ownership of the assisting local government, but\nshall be under the direction and control of the director of the state\noffice of emergency management, local emergency management director or\nother official charged with performing emergency management functions\nfor the state or requesting local government.\n 10. Liability. a. Each local government is responsible for procuring\nand maintaining insurance or other coverage as it deems appropriate.\n b. While rendering assistance under the intrastate mutual aid program,\nemployees of the assisting local government shall have the same\nimmunities and privileges as if such duties were performed within their\nhome jurisdiction. An assisting local government providing assistance\npursuant to the intrastate mutual aid program shall be liable for the\nnegligence of its employees, which occurs in the performance of their\nduties in the same manner and to the same extent as if such negligence\noccurred in the performance of their duties in their home jurisdiction.\n c. Employees of an assisting local government responding to or\nrendering assistance pursuant to a request for assistance who sustain\ninjury or death in the course of, and arising out of, their response are\nentitled to all applicable benefits as if they were responding in their\nhome jurisdiction. The assisting local government shall be liable for\nall costs or payments for such benefits as required by law.\n d. Nothing in this section shall be construed to prevent the assisting\nand requesting local governments from agreeing to other terms related to\nliability and compensation. Local governments may choose to enter into\nan agreement, at any time, to alter these terms as they deem necessary.\n e. Nothing in this section shall be construed to provide any\nprotection against liability, or to create any liability, for an\nindividual who responds to a state of emergency where aid has not been\nrequested, or where aid has not been authorized by the individual's home\njurisdiction.\n 11. Obligation of insurers. Nothing in this section shall impair,\nalter, limit or modify the rights or obligations of any insurer under\nany policy of insurance.\n 12. License, certificate and permit portability. a. State certified\nemergency medical services providers who respond outside of their normal\njurisdiction pursuant to a request for assistance under this program\nshall follow their normal operating protocols as if they were responding\nand rendering services in their home jurisdiction.\n b. Any other individual authorized and deployed by a participating\nlocal government when responding pursuant to a request for assistance\nunder this program shall have the same powers and duties as if they were\nresponding in their home jurisdiction.\n