N.Y. Executive Law § 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.