2023 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.