N.Y. General Municipal Law § 209-y: Establishment of hazardous materials emergency response teams

§ 209-y. Establishment of hazardous materials emergency response

teams. 1. By resolution, the governing body of each county is authorized

to establish a hazardous materials emergency response team. Such teams

shall be coordinated in accordance with a plan developed pursuant to

section two hundred four-f of this chapter.

2. The governing bodies of two or more counties may by mutual

agreement form one or more regional hazardous materials emergency

response teams. Such regional teams shall be coordinated in accordance

with a plan developed pursuant to section two hundred four-f of this

chapter.

3. Counties are authorized to appropriate and expend such sums as are

deemed necessary to establish or maintain hazardous materials emergency

response teams pursuant to this section.

4. Notwithstanding any other provision of law to the contrary, any

person who is by training or experience and attainment qualified to

participate as a member of a hazardous materials incidents response team

recognized under this section and who voluntarily and without

expectation of monetary compensation serves as a member of such team

shall not be subject to a penalty or to civil liability for damages or

injuries alleged to have been sustained by any person or entity by

reason of an act or omission in the course of such service. Nothing in

this section shall be deemed or construed to relieve from liability for

damages or injuries any person who (a) is alleged to have caused said

damages or injuries as the result of gross negligence or reckless,

wanton, or intentional conduct, (b) is under a legal duty to respond to

a particular incident, or (c) receives compensation other than

reimbursement for out-of-pocket expenses for services in response to a

particular incident.