N.Y. Executive Law § 29-g: Emergency management assistance compact

§ 29-g. Emergency management assistance compact. 1. The emergency

management assistance compact is made and entered into by and between

the participating member states which enact this compact, hereinafter

called party states. For the purposes of this agreement, the term

"states" is taken to mean the several states, the commonwealth of Puerto

Rico, the District of Columbia, and all United States territorial

possessions.

The purpose of this compact is to provide for mutual assistance

between the states entering into this compact in managing any emergency

or disaster that is duly declared by the governor of the affected state

or states, whether arising from natural disaster, technological hazard,

man-made disaster, civil emergency aspects of resource shortages,

community disorders, insurgency or enemy attack.

This compact shall also provide for mutual cooperation in

emergency-related exercises, testing or other training activities using

equipment and personnel simulating performance of any aspect of the

giving and receiving of aid by party states or subdivisions of party

states during emergencies, such actions occurring outside actual

declared emergency periods. Mutual assistance in this compact may

include the use of the states' national guard forces, either in

accordance with the national guard mutual assistance compact or by

mutual agreement between states.

2. Each party state entering into this compact recognizes that many

emergencies transcend political jurisdictional boundaries and that

intergovernmental coordination is essential in managing these and other

emergencies under this compact. Each state further recognizes that there

will be emergencies which require immediate access and present

procedures to apply outside resources to make a prompt and effective

response to such an emergency. This is because few, if any, individual

states have all the resources they may need in all types of emergencies

or the capability of delivering resources to areas where emergencies

exist.

The prompt, full and effective utilization of resources of the

participating states, including any resources on hand or available from

the federal government or any other source, that are essential to the

safety, care and welfare of the people in the event of any emergency or

disaster declared by a party state, shall be the underlying principle on

which all provisions of this compact shall be understood.

On behalf of the governor of each state participating in the compact,

the legally designated state official who is assigned responsibility for

emergency management will be responsible for formulation of the

appropriate interstate mutual aid plans and procedures necessary to

implement this compact.

3. (a) It shall be the responsibility of each party state to formulate

procedural plans and programs for interstate cooperation in the

performance of the responsibilities listed in this section. In

formulating such plans, and in carrying them out, the party states,

insofar as practical, shall:

(1) Review individual state hazard analysis and, to the extent

reasonably possible, determine all those potential emergencies the party

states might jointly suffer, whether due to natural disaster,

technological hazard, man-made disaster, emergency aspects or resource

shortages, civil disorders, insurgency or enemy attack.

(2) Review party states' individual emergency plans and develop a plan

which will determine the mechanism for the interstate management and

provision of assistance concerning any potential emergency.

(3) Develop interstate procedures to fill any identified gaps and to

resolve any identified inconsistencies or overlaps in existing or

developed plans.

(4) Assist in warning communities adjacent to or crossing the state

boundaries.

(5) Protect and assure uninterrupted delivery of services, medicines,

water, food, energy and fuel, search and rescue and critical lifeline

equipment, services and resources, both human and material.

(6) Inventory and set procedures for the interstate loan and delivery

of human material resources, together with procedures for reimbursement

or forgiveness.

(7) Provide, to the extent authorized by law, for temporary suspension

of any statutes or ordinances that restrict the implementation of the

above responsibilities.

(b) The authorized representative of a party state may request

assistance of another party state by contacting the authorized

representative of that state. The provisions of this agreement shall

only apply to requests for assistance made by and to authorized

representatives. Requests may be verbal or in writing. If verbal, the

request shall be confirmed in writing within thirty days of the verbal

request. Requests shall provide the following information:

(1) A description of the emergency service function for which

assistance is needed, such as, but not limited to, fire services, law

enforcement, emergency medical, transportation, communications, public

works and engineering, building inspection, planning and information

assistance, mass care, resource support, health and medical services,

and search and rescue.

(2) The amount and type of personnel, equipment, materials and

supplies needed, and a reasonable estimate of the length of time that

they will be needed.

(3) The specific place and time for staging of the assisting party's

response and a point of contact at that location.

(c) There shall be frequent consultation between state officials who

have assigned emergency management responsibilities and other

appropriate representatives of the party states with affected

jurisdictions and the United States government, with free exchange of

information, plans and resource records relating to emergency

capabilities.

4. Any party state requested to render mutual aid or conduct exercises

and training for mutual aid shall take such action as is necessary to

provide and make available the resources covered by this compact in

accordance with the terms hereof provided, that it is understood that

the state rendering aid may withhold resources to the extent necessary

to provide reasonable protection for such state.

Each party state shall afford to the emergency forces of any party

state, while operating within its state limits under the terms and

conditions of this compact, the same powers (except that of arrest

unless specifically authorized by the receiving state), duties, rights

and privileges as are afforded forces of the state in which they are

performing emergency services. Emergency forces will continue under the

command and control of their regular leaders, but the organizational

units will come under the operational control of the emergency services

authorities of the state receiving assistance. These conditions may be

activated, as needed, only subsequent to a declaration of a state of

emergency or disaster by the governor of the party state that is to

receive assistance or commencement of exercises or training for mutual

aid and shall continue so long as the exercises or training for mutual

aid are in progress, the state, or states, of emergency or disaster

remains in effect or loaned resources remain in the receiving states,

whichever is longer.

5. Whenever any person holds a license, certificate or other permit

issued by any state party to the compact evidencing the meeting of

qualifications for professional, mechanical or other skills, and when

such assistance is requested by the receiving party state, such person

shall be deemed licensed, certified, or permitted by the state

requesting assistance to render aid involving such skill to meet a

declared emergency or disaster, subject to such limitations and

conditions as the governor of the requesting state may prescribe by

executive order or otherwise.

6. Officers or employees of a party state rendering aid in another

state pursuant to this compact shall be considered agents of the

requesting state for tort liability and immunity purposes and no party

state or its officers or employees rendering aid in another state

pursuant to this compact shall be liable on account or any act or

omission in good faith on the part of such forces while so engaged or on

account of the maintenance or use of any equipment or supplies in

connection therewith. Good faith shall not include willful misconduct,

gross negligence or recklessness.

7. Inasmuch as it is probable that the pattern and detail of the

machinery for mutual aid among two or more states may differ from that

among the states that are parties hereto, this instrument contains

elements of a broad base common to all states, and nothing contained

herein shall preclude any state from entering into supplementary

agreements with another state or affect any other agreements already in

force between states. Supplementary agreements may comprehend, but shall

not be limited to, provisions for evacuation and reception of injured

and other persons and the exchange of medical, fire, police, public

utility, reconnaissance, welfare, transportation and communications

personnel, and equipment and supplies.

8. Each party state shall provide for the payment of compensation and

death benefits to injured members of the emergency forces of that state

and representatives of deceased members of such forces in case such

members sustain injuries or are killed while rendering aid pursuant to

this compact, in the same manner and on the same terms as if the injury

or death were sustained within their own state.

9. Any party state rendering aid in another state pursuant to this

compact shall be reimbursed by the party state receiving such aid for

any loss or damage to or expense incurred in the operation of any

equipment and the provision of any service in answering a request for

aid and for the costs incurred in connection with such requests

provided, that any aiding party state may assume, in whole or in part,

such loss, damage, expense or other cost, or may loan such equipment or

donate such services to the receiving party state without charge or cost

provided, however, that any two or more party states may enter into

supplementary agreements establishing a different allocation of costs

among those states. Expenses under subdivision eight of this section

shall not be reimbursable under this provision.

10. Plans for the orderly evacuation and interstate reception of

portions of the civilian population as the result of any emergency or

disaster of sufficient proportions to so warrant, shall be worked out

and maintained between the party states and the emergency

management/services directors of the various jurisdictions where any

type of incident requiring evacuations might occur. Such plans shall be

put into effect by request of the state from which evacuees come and

shall include the manner of transporting such evacuees, the number of

evacuees to be received in different areas, the manner in which food,

clothing, housing and medical care will be provided, the registration of

the evacuees, the providing of facilities for the notification of

relatives or friends, and the forwarding of such evacuees to other areas

or the bringing in of additional materials, supplies and all other

relevant factors. Such plans shall provide that the party state

receiving evacuees and the party state from which the evacuees come

shall mutually agree as to reimbursement of out-of-pocket expenses

incurred in receiving and caring for such evacuees, for expenditures for

transportation, food, clothing, medicines and medical care, and like

items. Such expenditures shall be reimbursed as agreed by the party

state from which the evacuees come. After the termination of the

emergency or disaster, the party state from which the evacuees come

shall assume the responsibility for the ultimate support of repatriation

of such evacuees.

11. (a) This compact shall become operative immediately upon its

enactment into law by any two states; thereafter, this compact shall

become effective as to any other state upon its enactment by such state.

(b) Any party state may withdraw from this compact by enacting a

statute repealing the same, but no such withdrawal shall take effect

until thirty days after the governor of the withdrawing state has given

notice in writing of such withdrawal to the governors of all other party

states. Such action shall not relieve the withdrawing state from

obligations assumed hereunder prior to the effective date of withdrawal.

(c) Duly authenticated copies of this compact and of such

supplementary agreements as may be entered into shall, at the time of

their approval be deposited with each of the party states and with the

federal emergency management agency and other appropriate agencies of

the United States government.

12. This compact shall be construed to effectuate the purposes stated

in subdivision one of this section. If any provision of this compact is

declared unconstitutional, or the applicability thereof to any person or

circumstances is held invalid, the constitutionality of the remainder of

this compact and the applicability thereof to other persons and

circumstances shall not be affected thereby.

13. Nothing in this compact shall authorize or permit the use of

military forces by the National Guard of a state at any place outside

the state in any emergency for which the president is authorized by law

to call into federal service the militia, or for any purposes for which

the use of the army or the air force would in the absence of express

statutory authorization be prohibited under section 1385 of title 18,

United States code.

14. The legally designated state official who is assigned

responsibility for emergency management shall not offer resources to, or

request resources from, another compact member state, without prior

discussion with and concurrence from the state agency, department,

office, division, board, bureau, commission or authority that may be

asked to provide resources or that may utilize resources from another

compact member state.

15. The director of the state emergency management office shall, on or

before the first day of January, two thousand two, provide to the

legislature and the governor copies of all mutual aid plans and

procedures promulgated, developed or entered into after the effective

date of this section. The director of the state emergency management

office shall annually hereafter provide the legislature and governor

with copies of all new or amended mutual aid plans and procedures on or

before the first day of January of each year.