N.Y. Executive Law § 709: Division of homeland security and emergency services; creation; powers and duties

§ 709. Division of homeland security and emergency services; creation;

powers and duties. 1. There is hereby created within the executive

department the division of homeland security and emergency services,

which shall have and exercise the powers and duties set forth in this

article. Any reference to the 'office of public security', the 'office

of homeland security', the 'state emergency management office' or the

'office of fire prevention and control' in the laws of New York state,

executive orders, or contracts entered into on behalf of the state shall

be deemed to refer to the division of homeland security and emergency

services.

2. The division shall have the power and duty to:

(a) oversee and coordinate the state's homeland security and

comprehensive emergency management resources, subject to any laws, rules

or regulations governing the budgeting and appropriation of funds;

(b) review homeland security and comprehensive emergency management

policies, protocols and strategies of state agencies. The agencies shall

include, but not be limited to, the state agencies included on the

disaster preparedness commission as identified in section twenty-one of

this chapter;

(c) develop policies, protocols and strategies, which may be used to

prevent, detect, respond to and recover from terrorist acts or threats

and other natural and man-made disasters, which for purposes of this

section shall have the same meaning as defined in article two-B of this

chapter;

(d) identify potential inadequacies in the state's policies, protocols

and strategies to detect, respond to and recover from terrorist acts or

threats and other natural and man-made disasters;

(e) undertake periodic drills and simulations designed to assess and

prepare responses to terrorist acts or threats and other natural and

man-made disasters;

(f) coordinate state resources for the collection and analysis of

information relating to natural and man-made disasters throughout the

state subject to any applicable laws, rules, or regulations;

(g) coordinate and facilitate information sharing among local, state,

and federal agencies to ensure appropriate intelligence to assist in the

early identification of and response to natural and man-made disasters,

subject to any applicable laws, rules, or regulations governing the

release, disclosure or sharing of any such information;

(h) assess the preparedness of state and local public health systems

to respond to terrorist acts and other natural and man-made disasters,

including ensuring the availability of early warning systems designed to

detect potential threats and determining adequacy and availability of

necessary vaccines and pharmaceuticals and hospital capacity;

(i) coordinate strategies, protocols and first-responder equipment

needs that may be used to monitor, detect, respond to and mitigate the

consequences of a potential biological, chemical or radiological

terrorist act or threat;

(j) work with local, state and federal agencies and private entities

to conduct assessments of the vulnerability of critical infrastructure

to terrorist attack, cyber attack, and other natural and man-made

disasters, including, but not limited to, nuclear facilities, power

plants, telecommunications systems, mass transportation systems, public

roadways, railways, bridges and tunnels, and develop strategies that may

be used to protect such infrastructure from terrorist attack, cyber

attack, and other natural and man-made disasters;

(k) develop plans that may be used to promote rapid recovery from

terrorist attacks and other natural and man-made disasters, to ensure

prompt restoration of transportation, utilities, critical communications

and information systems and to protect such infrastructure;

(l) develop plans that may be used to contain and remove hazardous

materials used in a terrorist attack or released as a result of natural

or man-made disaster;

(m) act as primary contact with the federal department of homeland

security;

(n) adopt, promulgate, amend and rescind rules and regulations to

effectuate the provisions and purposes of this article and the powers

and duties of the division in connection therewith;

(o) consult with appropriate state and local governments, institutions

of higher learning, first responders, health care providers and private

entities as necessary to effectuate the provisions of this article, and

work with those entities to establish, facilitate and foster cooperation

to better prepare the state to prevent and respond to threats and acts

of terrorism and other natural and man-made disasters;

(p) to serve as a clearinghouse for the benefit of municipalities

regarding information relating to available federal, state and regional

grant programs in connection with homeland security, disaster

preparedness, communication infrastructure and emergency first responder

services, and to promulgate rules and regulations necessary to ensure

that grant information is timely posted on the division's website;

(q) request from any department, division, office, commission or other

agency of the state or any political subdivision thereof, and the same

are authorized to provide, such assistance, services and data as may be

required by the division of homeland security and emergency services in

carrying out the purposes of this article, subject to applicable laws,

rules, and regulations;

(r) develop standards and a certification process for training

programs for training of private security officers in commercial

buildings which shall:

(i) improve observation, detection and reporting skills;

(ii) improve coordination with local police, fire and emergency

services;

(iii) provide and improve skills in working with advanced security

technology including surveillance and access control procedures;

(iv) require at least forty hours of training including three hours of

training devoted to terrorism awareness; and

(v) have been certified as a qualified program by the division of

homeland security and emergency services;

(s) work in consultation with or make recommendations to the

commissioner of agriculture and markets in developing rules and

regulations relating to ammonium nitrate security; and

(t) develop, maintain, and deploy state, regional and local all-hazard

incident management teams.

(u) Notwithstanding article six-C of this chapter, or any other

provision of law to the contrary, the division of homeland security and

emergency services shall establish best practices regarding training and

education for firefighters and first responders which shall include but

not be limited to: minimum basic training for firefighters and first

responders; in-service training and continuing education; and

specialized training as it may apply to the specific duties of a

category of emergency personnel.

3. The division of homeland security and emergency services shall

consist of several offices including, but not limited to, the office of

counterterrorism, which shall have the powers, and be responsible for

carrying out the duties, including but not limited to those set forth in

section seven hundred nine-a of this article; the office of emergency

management, which shall have the powers, and be responsible for carrying

out the duties, including but not limited to those set forth in article

two-B of this chapter; the office of fire prevention and control, which

shall have the powers, and be responsible for carrying out the duties,

including but not limited to those set forth in article six-C of this

chapter and the office of interoperable and emergency communications,

which shall have the powers, and be responsible for carrying out the

duties, including but not limited to those set forth in section seven

hundred seventeen of this article.

4. As set forth in section seven hundred ten of this article, the

commissioner of the division of homeland security and emergency services

shall be appointed by the governor, with the advice and consent of the

senate, and hold office at the pleasure of the governor. The directors

of the offices of counterterrorism, emergency management, fire

prevention and control, and interoperable and emergency communications,

and such other offices as may be established, shall be appointed by, and

hold office at the pleasure of, the governor and they shall report to

the commissioner of the division of homeland security and emergency

services.

5. The directors of the offices of counterterrorism, emergency

management, fire prevention and control, interoperable and emergency

communications, and of such other offices as may be established, shall,

in consultation with the commissioner, have the authority to promulgate

rules and regulations to carry out the duties of their office, including

the establishment of fees necessary to compensate for costs associated

with the delivery of training and services.

6. The directors of the offices of counterterrorism, emergency

management, fire prevention and control, interoperable and emergency

communications, and such other offices as may be established, shall have

the authority to enter into contracts with any person, firm,

corporation, municipality, or government entity.

7. Annual report of the division. The commissioner of the division of

homeland security and emergency services shall, on or before January

first in each year, submit to the governor, the temporary president of

the senate, and the speaker of the assembly, a report concerning the

performance of the division with respect to outreach to businesses,

not-for-profit organizations, and the general public, which shall

include information regarding the content and scope of seminars,

conferences, surveys, programs, and other programmatic means of engaging

such parties to identify and meet the needs of such parties with respect

to emergency mitigation, preparedness, response, and recovery, and the

participation of such parties therein.