NY Exec L § 29-G (2021)
2021 New York Laws EXC - Executive Article 2-B - 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.