2023 New York Laws › EXC - Executive › Article 2-B - State and Local Natural and Man-Made Disaster Preparedness › 20 - Natural and Man-Made Disasters; Policy; Definitions.

§ 20. Natural and man-made disasters; policy; definitions. 1. It shall
be the policy of the state that:
a. local government and emergency service organizations continue their
essential  role  as  the first line of defense in times of disaster, and
that the state provide appropriate supportive  services  to  the  extent
necessary;
b.  local  chief  executives  take  an active and personal role in the
development and implementation of disaster preparedness programs and  be
vested  with authority and responsibility in order to insure the success
of such programs;
c. state and local natural disaster and emergency  response  functions
be  coordinated  using  recognized  practices  in incident management in
order to bring the fullest protection and benefit to the people;
d. state resources be organized and prepared for  immediate  effective
response   to  disasters  which  are  beyond  the  capability  of  local
governments and emergency service organizations; and
e. state and local plans, organizational  arrangements,  and  response
capability  required  to execute the provisions of this article shall at
all times be the most effective that current circumstances and  existing
resources allow.
2.  As  used  in  this  article  the  following  terms  shall have the
following meanings:
a. "disaster" means occurrence or imminent, impending or urgent threat
of wide spread or severe damage, injury, or loss  of  life  or  property
resulting  from  any  natural  or  man-made  causes,  including, but not
limited to, fire, flood, earthquake,  hurricane,  tornado,  high  water,
landslide,  mudslide,  wind,  storm,  wave  action,  volcanic  activity,
epidemic, disease outbreak, air contamination, terrorism,  cyber  event,
blight, drought, infestation, explosion, radiological accident, nuclear,
chemical,  biological,  or bacteriological release, water contamination,
bridge failure or bridge collapse.
b.  "state  disaster  emergency"  means  a  period  beginning  with  a
declaration  by  the governor that a disaster exists and ending upon the
termination thereof.
c. "municipality" means a public corporation as defined in subdivision
one of section sixty-six of the general construction law and  a  special
district as defined in subdivision sixteen of section one hundred two of
the real property tax law.
d.  "commission"  means  the  disaster preparedness commission created
pursuant to section twenty-one of this article.
e. "emergency services organization" means a public or private agency,
voluntary organization  or  group  organized  and  functioning  for  the
purpose  of providing fire, medical, ambulance, rescue, housing, food or
other services directed toward relieving human suffering, injury or loss
of life or damage to property as a result  of  an  emergency,  including
non-profit  and  governmentally-supported  organizations,  but excluding
governmental agencies.
f. "chief executive" means:
(1) a county executive or manager of a county;
(2) in a county not having a county executive or manager, the chairman
or other presiding officer of the county legislative body;
(3) a mayor of a city or village, except where a city or village has a
manager, it shall mean such manager; and
(4) a supervisor of a town, except where a  town  has  a  manager,  it
shall mean such manager.
g.  "Disaster  emergency  response  personnel"  means agencies, public
officers,  employees,  or  affiliated  volunteers  having   duties   and

responsibilities   under   or  pursuant  to  a  comprehensive  emergency
management plan.
h.  "Emergency  management  director"  means  the  government official
responsible for emergency preparedness,  response  and  recovery  for  a
county, city, town, or village.
i.  "incident management team" means a state certified team of trained
personnel  from  different  departments,  organizations,  agencies,  and
jurisdictions  within  the state, or a region of the state, activated to
support  and  manage  major  and/or  complex   incidents   requiring   a
significant number of local, regional, and state resources.
j.  "executive  level  officer"  means a state agency officer with the
authority to deploy agency  assets  and  resources  and  make  decisions
binding a state agency.
k.  "third  party  non-state  resources" means any contracted resource
that is not owned or controlled by the state or a political  subdivision
including,  but  not  limited  to,  ambulances,  construction  crews, or
contractors.