NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6530B
SPONSOR: Cusick
 
TITLE OF BILL: An act to amend the executive law, in relation to
requiring counties and cities with a population of one million or more
to prepare comprehensive emergency management plans
 
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
require counties and cities with a population of one million or more to
adopt comprehensive emergency management plans, which would include
provisions for the deployment of home health care and hospice personnel
during local emergencies.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would require all counties and all cities with a population of
one million or more to prepare a comprehensive emergency management
plan.
Section 2 would require the preparation of such plans to be adopted with
the coordination, advice, and assistance from organizations that provide
home health care services and organizations that provide hospice
services, in addition to the other entities already provided for by law.
Section 3 would require such plans to include procedures for the deploy-
ment of physicians, nurses, medical professionals, personnel deployed by
certified home health agencies, long term home health care programs or
licensed home care services agencies governed under article thirty-six
of the public health law, personnel deployed by hospices certified
pursuant to article forty of the public health law or any other person-
nel deemed necessary, including procedures for deployment in areas where
access has otherwise been restricted or subject to curfew in declared
emergencies.
Section 4 would require each county and each city with a population of
one million or more to revise such plans in the event such revisions are
needed to comply with the provisions of this act. Such revised plans
would also be required to be submitted to the disaster preparedness
commission.
Section 5 would clarify that during a local state of emergency, local
orders may establish a curfew and prohibit and control pedestrian and
vehicular traffic, except essential emergency vehicles and personnel,
and except as consistent with local comprehensive emergency management
plans.
Section 6 provides for an immediate effective date.
 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Currently, the
executive law permits counties, cities, towns, and villages to adopt
local comprehensive emergency management plans. This bill would require
all counties and all cities with a population of one million or more to
prepare such plans.
In addition, this bill would clarify that personnel providing home
health care services and hospice services should be consulted in the
preparation of such plans and that such plans include provisions for the
deployment of such personnel during an emergency.
 
JUSTIFICATION: By enacting this legislation, New York State would help
to ensure that the deployment of home health and hospice personnel is
adequately addressed during local emergencies. Access to patients in
restricted zones was a major problem for home care and hospice staff in
responding to Hurricane Sandy as well as other emergency situations, and
this bill seeks to prevent such situations in the future.
 
PRIOR LEGISLATIVE HISTORY: 2013: A6530 - referred to governmental
operations FISCAL IMPLICATIONS: None.
 
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6530--B
Cal. No. 605
2013-2014 Regular Sessions
IN ASSEMBLY
April 4, 2013
___________
Introduced by M. of A. CUSICK, GOTTFRIED, GUNTHER, COLTON, BENEDETTO,
JAFFEE, TITONE, MILLMAN, COOK, HOOPER, JACOBS, ROSENTHAL, RAIA,
WEPRIN, CLARK -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, BRAUN-
STEIN, HIKIND, MAYER, MOSLEY, PERRY, SCHIMEL, SIMANOWITZ, SWEENEY,
WEISENBERG -- read once and referred to the Committee on Governmental
Operations -- recommitted to the Committee on Governmental Operations
in accordance with Assembly Rule 3, sec. 2 -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- reported and referred to the Committee on Codes --
reported and referred to the Committee on Ways and Means -- ordered to
a third reading -- passed by Assembly and delivered to the Senate,
recalled from the Senate, vote reconsidered, bill amended, ordered
reprinted, retaining its place on the order of third reading
AN ACT to amend the executive law, in relation to requiring counties and
cities with a population of one million or more to prepare comprehen-
sive emergency management plans
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 23 of the executive law, as
2 amended by section 4 of part B of chapter 56 of the laws of 2010, is
3 amended to read as follows:
4 1. Each county, except those contained within the city of New York,
5 and each city with a population of one million or more, shall prepare a
6 comprehensive emergency management plan. Each city with a population of
7 less than one million, town and village is authorized to prepare a
8 comprehensive emergency management [plans] plan. The disaster prepared-
9 ness commission shall provide assistance and advice for the development
10 of such plans. [City] Each city with a population of less than one
11 million, town and village [plans] plan shall be coordinated with the
12 county plan.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10093-07-4
A. 6530--B 2
1 § 2. Subdivision 5 of section 23 of the executive law, as amended by
2 section 4 of part B of chapter 56 of the laws of 2010, is amended to
3 read as follows:
4 5. In preparing such plans, cooperation, advice and assistance shall
5 be sought from local government officials, regional and local planning
6 agencies, police agencies, fire departments and fire companies, local
7 emergency management agencies, commercial and volunteer ambulance
8 services, health and social services officials, community action agen-
9 cies, the chief administrator of the courts, organizations for the
10 elderly and the handicapped, organizations that provide home health care
11 services, organizations that provide hospice services, other interested
12 groups and the general public. Such advice and assistance may be
13 obtained through public hearings held on public notice, or through other
14 appropriate methods.
15 § 3. Subparagraphs 17 and 18 of paragraph b of subdivision 7 of
16 section 23 of the executive law, as amended by section 4 of part B of
17 chapter 56 of the laws of 2010, are amended and a new subparagraph 19 is
18 added to read as follows:
19 (17) continued operation of governments of political subdivisions;
20 [and]
21 (18) utilization and coordination of programs to assist individuals
22 with household pets and service animals following a disaster, with
23 particular attention to means of evacuation, shelter and transportation
24 options[.]; and
25 (19) procedures for the deployment of physicians, nurses, medical
26 professionals, personnel deployed by certified home health agencies,
27 long term home health care programs or licensed home care services agen-
28 cies governed under article thirty-six of the public health law, person-
29 nel deployed by hospices certified pursuant to article forty of the
30 public health law or any other personnel deemed necessary, including
31 procedures for deployment in areas where access has otherwise been
32 restricted or subject to curfew in declared emergencies.
33 § 4. Each county, and each city with a population of one million or
34 more, that on the effective date of this act has already prepared a
35 comprehensive emergency management plan shall revise such plan in the
36 event such revisions are needed to comply with the provisions of this
37 act, and shall submit such revised plan to the disaster preparedness
38 commission on or before the one hundred eightieth day after the effec-
39 tive date of this act.
40 § 5. Paragraph a of subdivision 1 of section 24 of the executive law,
41 as added by chapter 640 of the laws of 1978, is amended to read as
42 follows:
43 a. the establishment of a curfew and the prohibition and control of
44 pedestrian and vehicular traffic, except essential emergency vehicles
45 and personnel, and except as consistent with a local comprehensive emer-
46 gency management plan;
47 § 6. This act shall take effect immediately.