New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.132 - Executive order no. 132: designating the state prevention and preparedness council; establishing the positions of senior advisor to the governor for counter- terrorism and senior advisor to the governor for disaster preparedness and response; and revoking certain executive orders

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, since the barbaric attacks on the World Trade
					 Center and Pentagon on September 11, 2001, no state has done more than New York
					 to establish a comprehensive statewide anti-terrorism strategy that utilizes
					 communication, coordination, and collaboration at all levels of government and
					 the private sector to enhance the ability of the State to detect, prevent,
					 prepare for, respond to and recover from terrorist attacks;
WHEREAS, while we are ever cognizant of the threat posed to
					 our great State by the cowardly and murderous acts of terrorists, we are
					 equally mindful of the potential devastation to the State, its residents and
					 its economy posed by natural disasters and other types of emergencies, such as
					 1998 North Country Ice Storm, the crash of TWA Flight 800, the Staten Island
					 Tank Farm Explosion and, more recently, the failure of the interstate electric
					 power grid;
WHEREAS, the Federal Government has created a National
					 Strategy for Homeland Security and established the United States Department of
					 Homeland Security to oversee not only national terrorism preparedness and
					 response, but all domestic disaster preparedness and response;
WHEREAS, Homeland Security Presidential Directive No. 5
					 requires, on both the State and Federal level, the integration of crisis and
					 consequence management planning relative to the prevention of, preparation for,
					 response to and recovery from terrorist attacks, major disasters and other
					 emergencies, into a single integrated function;
WHEREAS, the National Incident Management System envisioned
					 by the Federal Department of Homeland Security provides for a standardized
					 framework for implementing the National Response Plan and calls for the
					 development of local, state and Federal Prevention and Preparedness
					 Councils;
WHEREAS, the National Response Plan developed by the
					 Federal Department of Homeland Security calls for the integration of current
					 Federal domestic prevention, preparedness, response, and recovery plans into a
					 single all-discipline, all-hazards approach;
WHEREAS, this Order is necessary to achieve functional and
					 organizational consistency with the Federal Department of Homeland Security and
					 compatibility with the National Response Plan, ensure efficiency and clarity in
					 statewide all-hazards prevention, preparedness, response and recovery efforts,
					 including the coordination of federal funding, and recognize the effectiveness
					 of current State disaster management practices;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, do hereby designate the Disaster Preparedness
					 Commission, established pursuant to Article 2-B of the Executive Law and in
					 accordance with the powers granted therein, to act as the State Prevention and
					 Preparedness Council, whose responsibilities shall include:
1. Directing and leading New York State's
				  disaster preparedness efforts, including the response to and recovery from acts
				  of terrorism, disasters, other emergencies and threats thereof. For purposes of
				  this Order, the term "disaster" shall have the same meaning as in Executive Law
				  Section 20(2)(a).
2. Overseeing,
				  directing and managing the creation and operation of functional area
				  multi-agency task forces responsible for the development and coordination of
				  all state efforts in (a) all-hazards prevention, (b) all-hazards preparedness,
				  (c) all-hazards response, (d) all-hazards recovery, (e) all-hazards federal
				  grant administration and (f) such other functional areas as determined by the
				  Council to be necessary or convenient. For purposes of this Order, the term
				  "all-hazards" shall include acts of terrorism, disasters, other emergencies and
				  threats thereof.
3. Establishing
				  and coordinating disaster preparedness policies, protocols and strategies for
				  state entities.
4. Coordinating the
				  disaster preparedness, prevention, response and recovery efforts of the State
				  Emergency Management Office, the Office of Public Security, the Division of
				  Military and Naval Affairs and other state entities.
5. Establishing, facilitating and fostering
				  partnerships and information sharing between and among State government, local
				  governments, institutions of higher learning and private entities to better
				  prepare the State to respond to and recover from acts of terrorism, disasters,
				  other emergencies and threats thereof.
6. Designating existing local entities or
				  facilitating the establishment of local entities which may be designated to act
				  as Local Prevention and Preparedness Councils throughout the State to assist in
				  crisis and consequence management at the local level.
7. Directing, through the Office of Public
				  Security, the efforts of the Office of Cyber Security and Critical
				  Infrastructure Protection to coordinate the policies, protocols, strategies and
				  continuity plans for State entities to protect critical infrastructure within
				  the State, including physical and cyber assets, from acts of terrorism,
				  disasters, other emergencies and threats thereof.
8. Coordinating, through the Office of Public
				  Security, the collection and maintenance by the Office of Cyber Security and
				  Critical Infrastructure Protection of information pertaining to critical
				  infrastructure assets in the State, including physical and cyber assets, to
				  assist in protecting against, detecting, responding to and recovering from acts
				  of terrorism, disasters, other emergencies and threats thereof.
9. Coordinating the procurement by state
				  entities of resources relating to (a) homeland security, (b) disaster
				  preparedness and (c) the collection, maintenance and dissemination of
				  information pertaining to critical infrastructure assets in the
				  State.
10. Performing such acts as
				  may be necessary or convenient to carry out the duties and responsibilities set
				  forth herein.
In carrying out the foregoing responsibilities, the Council
					 shall coordinate and consult with the Senior Advisor to the Governor for
					 Counter-Terrorism and the Senior Advisor to the Governor for Disaster
					 Preparedness and Response.
All state entities are hereby directed to cooperate fully
					 with the State Prevention and Preparedness Council and provide any assistance
					 necessary to carry out this Order. For purposes of this Order, the term "state
					 entities" shall include all state agencies, departments, offices, divisions,
					 boards, bureaus, commissions and other entities over which the Governor has
					 executive power, the State University of New York, the City University of New
					 York and all public benefit corporations, the heads of which are appointed by
					 the Governor.
FURTHER, I do hereby establish the positions of Senior
					 Advisor to the Governor for Counter- Terrorism, whose responsibilities shall
					 include advising the Governor on the State's terrorism prevention and
					 preparedness policies and strategies, and who shall serve as a liaison with
					 Federal law enforcement and intelligence entities; and Senior Advisor to the
					 Governor for Disaster Preparedness and Response, whose responsibilities shall
					 include advising the Governor on the State's natural disaster preparedness,
					 response and recovery policies and strategies.
FURTHER, by this Order I do hereby assign all powers and
					 responsibilities of the Commission on Terrorism, as established by Executive
					 Order 112, to the Office of Public Security, and revoke Executive Orders 112
					 and 123, which have been superseded by this Order.
Signed: George E. PatakiDated: December 5, 2003
[FN*] [Supersedes Executive Order Nos. 112, 123 (George E.
					 Pataki), supra.]
[FN[DAGGER]] [Revoked by Executive Order No. 9 (David A.
					 Paterson), infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo),
					 infra.]