NY Exec L § 29-H (2021)
2021 New York Laws EXC - Executive Article 2-B - 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,  the  state  or  a  participating  local government may request assistance of  other  participating  local  governments  in  preventing, mitigating,  responding  to and recovering from disasters that result in the declaration  of  a  state  disaster  emergency  or  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.  The  director  of  the  state office  of  emergency  management  is  authorized  to request and accept assistance pursuant to this section.   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 state or 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  local  government  by  the  state  or requesting local government; 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  state or 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, the  state or  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  the  state  or 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  state  or 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  state  or  requesting  local government.   e.  Where  a  dispute arises between an assisting local government and the state or 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  director  of  the  state  office  of  emergency  management,  local emergency  management director or other official charged with performing emergency  management  functions  for  the  state  or  requesting  local government;  (2)  Performance  by  employees  of  an  assisting local government of services for the state or 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  state  or 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 director of the state office of emergency management, local emergency management  director  or other  official  charged  with performing emergency management functions for the state or 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.