2023 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.