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 5.123 - Executive order no. 123: establishing the state director of disaster preparedness and response

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the barbaric attacks on the World Trade Center and
					 Pentagon on September 11, 2001, have required us to face the sobering reality
					 that there are terrorists, both at home and abroad, who plot against us in
					 order to do us harm;
WHEREAS, while no state is doing more than New York to
					 detect and prevent terrorist attacks, we know that a terrorist only has to
					 strike once to wreak havoc on our great State.
WHEREAS, as we address the threat of terrorism, we must not
					 lose sight of the devastation that natural disasters and other types of
					 emergencies can have on the people of New York and our critical infrastructure
					 assets;
WHEREAS, we must also be mindful that our critical
					 infrastructure assets include not only our physical infrastructure, but our
					 computer and cyber systems, and we must develop a unified strategy that
					 recognizes the importance of both our physical and cyber assets;
WHEREAS, the people of New York State have responded
					 heroically to the terrorist attacks on the World Trade Center and other
					 disasters, including the 1998 North Country ice storm and the crash of TWA
					 Flight 800, but we must continue to be proactive and enhance our State's
					 preparedness for disaster emergencies of all types so that we can respond and
					 recover as quickly and as effectively as possible; and
WHEREAS, we must adopt a coordinated and collaborative
					 approach that includes strong partnerships among all State agencies, all levels
					 of government and the private sector;
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 establish the position of State
					 Director of Disaster Preparedness and Response ("State Director"), whose
					 responsibilities shall include:
1.
				  Overseeing and directly supervising the management and affairs of the State
				  Emergency Management Office, the Division of Military & Naval Affairs, the
				  Office of Cyber Security & Critical Infrastructure Coordination and the
				  Disaster Preparedness Commission.
2. 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
				  § 20(2)(a), and the State Director's responsibilities with respect to the
				  response to acts of terrorism, disasters, other emergencies and threats thereof
				  shall be those set forth in Executive Law § 22(b).
3. In cooperation with the Director of the
				  Office of Public Security, establishing and coordinating disaster preparedness
				  policies, protocols and strategies for state entities.
4. Establishing, facilitating and fostering
				  partnerships and information sharing between and among State government, local
				  governments, other states, the federal government, institutions of higher
				  learning and private entities to better prepare the State to respond to and
				  recover from acts of terrorism, disaster, other emergencies and threats
				  thereof.
5. Directing and
				  coordinating policies, protocols, strategies and continuity plans for state
				  entities to protect critical infrastructure within the State, including
				  physical and cyber assets, from natural disasters and threats
				  thereof.
6. Advising and consulting
				  with the Director of the Office of Public Security with respect to policies,
				  protocols, strategies and continuity plans of State agencies for protecting
				  critical infrastructure within the State, including physical and cyber assets,
				  from acts of terrorism.
7.
				  Coordinating, collecting and maintaining 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.
8. In cooperation with the Director of the
				  Office of Public Security, coordinating, facilitating and fostering information
				  sharing between and among State government, local governments, other states,
				  the federal government, institutions of higher learning and private entities to
				  improve the protection of critical infrastructure assets in the
				  State.
9. Coordinating the
				  procurement by state entities of resources relating to (a) disaster
				  preparedness and (b) 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 State
					 Director shall coordinate and consult with the Senior Advisor to the Governor
					 for Counter-Terrorism and the Director of the Office of Public Security on the
					 response to and recovery from terrorist acts or threats. Nothing in the Order
					 shall affect the responsibilities of the Senior Advisor to the Governor for
					 Counter-Terrorism and the Director of the Office of Public Security with
					 respect to the prevention and detection of terrorist acts or threats and the
					 public security response thereto.
All state entities are hereby directed to cooperate fully
					 with the State Director 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.
Signed: George E. PatakiDated: January 16, 2003
[FN*] [Superseded by Executive Order No. 132 (George E.
					 Pataki), infra.]
[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot
					 Spitzer), infra.]
[Revoked by Executive Order No. 9 (David A. Paterson),
					 infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo),
					 infra.]