NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8066
SPONSOR: Jean-Pierre
 
TITLE OF BILL:
An act to amend the executive law, in relation to enacting the New York
emergency responder act
 
PURPOSE OR GENERAL IDEA OF BILL:
To provide licensed design professionals and others in the building and
construction industry rights and benefits pertaining to liability for
providing advice, services, labor, and materials during times of emer-
gency, crisis, or catastrophe, including weather-related events. Such
rights and benefits would not be applied in cases of wanton, willful, or
intentional misconduct, nor to services provided after 90 days of the
emergency. This legislation shall not affect the liability of any
government entity that requests these services.
 
EXISTING LAW:
Currently, engineers, architects, landscape architects, land surveyors,
contractors, subcontractors, laborers, suppliers and other parties may
be held liable for assistance rendered during emergencies to the same
extent as in non-emergency situations.
 
SUMMARY OF SPECIFIC PROVISIONS:
Adds a new section 29-f to the executive law to provide that any person,
firm or corporation, including any engineer, architect, landscape archi-
tect, land surveyor, contractor, subcontractor, laborer, and/or suppli-
er, who is acting in official capacity to render advice or services in
connection with a declared emergency is not liable for certain damages
that may occur.
 
JUSTIFICATION:
In times of natural disasters, emergencies or other catastrophic events,
architectural, engineering and construction expertise and skills are
needed to provide advice and services to determine the integrity of and
to stabilize, repair and rehabilitate structures, buildings, piping, or
other engineered systems on an emergency basis. Professional engineers,
architects, landscape architects, land surveyors, contractors, subcon-
tractors, laborers and suppliers are willing to assist their communi-
ties, states and the nation in these times of crisis.
Such persons and firms, however, may face substantial liability exposure
when furnishing services to assist government on an emergency basis.
Many states have recognized this liability threat and have enacted laws
that provide immunity for the performance of services at the request of
government entities in times of declared emergencies. Insurance premiums
for professionals and contractors in the building, design and
construction industries have been on the rise and further accelerated by
catastrophic natural and man-made events in recent years, including the
events of September 11, 2001, and Hurricanes Irene and Sandy in 2011 and
2012. In addition, as those professionals and contractors that responded
to the events of September 11, 2001 learned, insurance may not be avail-
able at any reasonable price. As a result, professionals and contractors
that responded in the wake of September 11, 2001, chose not to do so
when subsequent emergencies occurred. In light of the resulting infras-
tructural and humanitarian disasters, it is time that New York State
joined in the national efforts to enact "Emergency Responder" protection
laws.
 
PRIOR LEGISLATIVE HISTORY:
Senate
2013-14- 55673, Referred to Veterans, Homeland Security. and Military
Affairs - no significant action
2015-16:- S4238, Passed Senate both years
2017 -18: S4135, Passed Senate 2020: S8159, Referred To Veterans, Home-
land Security, and Military Affairs
2021-22: S06377, Referred To Veterans, Homeland Security, and Military
Affairs
Assembly
2015-16: A06214B, Reported referred to Codes
2017: A04241, Reported referred to Codes
2019-2020: A04142, Referred to Government Operations both years
2021-2022: A05769, Referred to Government Operations both years
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately upon the date on which it shall
have become law.
STATE OF NEW YORK
________________________________________________________________________
8066
2023-2024 Regular Sessions
IN ASSEMBLY
September 27, 2023
___________
Introduced by M. of A. JEAN-PIERRE -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to enacting the New York
emergency responder act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York emergency responder act".
3 § 2. The executive law is amended by adding a new section 29-f to read
4 as follows:
5 § 29-f. The New York emergency responder act. 1. As used in this
6 section, the following terms shall have the following meanings:
7 (a) "Public official" shall mean any appointed or elected federal,
8 state or local official with executive responsibility in the jurisdic-
9 tion in which the emergency or event has occurred, and acting in his or
10 her official capacity.
11 (b) "Public safety official" shall mean any appointed or elected
12 federal, state or local official with executive responsibility to coor-
13 dinate public safety in the jurisdiction in which the emergency or event
14 has occurred, and acting in his or her official capacity.
15 (c) "Law enforcement official" shall mean any appointed or elected
16 federal, state or local official with executive responsibility to coor-
17 dinate law enforcement in the jurisdiction in which the emergency or
18 event has occurred, and acting in his or her official capacity.
19 (d) "Code enforcement official" shall mean any appointed or elected
20 federal, state or local official with executive responsibility to coor-
21 dinate building inspection in the jurisdiction in which the emergency or
22 event has occurred, and acting in his or her official capacity.
23 (e) "Declared emergency" shall mean any state disaster emergency
24 declaration or local emergency order proclamation, by a public official,
25 of the occurrence or imminent threat of a disaster or rioting, catastro-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07484-01-3
A. 8066 2
1 phe or similar public emergency, or in the event of reasonable apprehen-
2 sion of immediate danger thereof, and upon a finding by the public offi-
3 cial that the public safety is imperiled thereby.
4 (f) "Municipal corporation" shall mean a county, town, city or
5 village.
6 (g) "State department" shall mean those state government departments,
7 divisions or commissions empowered by the state to enter into contractu-
8 al agreements on behalf of the state.
9 (h) "State authority" shall mean a public authority or public benefit
10 corporation created by or existing under this chapter or any other law
11 of the state, with one or more of its members appointed by the governor
12 or who serve as members by virtue of holding a civil office of the
13 state, other than an interstate or international authority or public
14 benefit corporation, including subsidiaries of such public authority or
15 public benefit corporation.
16 (i) "Local authority" shall mean: (1) a public authority or public
17 benefit corporation created by or existing under this chapter or any
18 other law of the state whose members do not hold a civil office of the
19 state, are not appointed by the governor or are appointed by the gover-
20 nor specifically upon the recommendation of the local government or
21 governments; (2) a not-for-profit corporation affiliated with, sponsored
22 by or created by a county, city, town or village government; (3) a local
23 industrial development agency or authority of another local public bene-
24 fit corporation; (4) an affiliate of such local authority; or (5) a land
25 bank corporation created pursuant to article sixteen of the not-for-pro-
26 fit corporation law.
27 (j) "School district" shall mean any common school district, union
28 free school district, central school district, city school district, or
29 central high school district.
30 (k) "Special district" shall mean a town or county improvement
31 district, district corporation or other district established for the
32 purpose of carrying on, performing or financing one or more improvements
33 or services intended to benefit the health, welfare, safety or conven-
34 ience of the inhabitants of such district or to benefit the real proper-
35 ty within such district, and in which real property is subject to
36 special ad valorem levies or special assessments for the purposes for
37 which such district was established.
38 (l) "Emergency assistance" shall mean (1) any assistance or advice,
39 furnishing of construction, supplies, materials, equipment or labor; (2)
40 provision of structural, electrical, mechanical or other engineering
41 services rendered pursuant to article one hundred forty-five of the
42 education law; (3) architectural services rendered pursuant to article
43 one hundred forty-seven of the education law; (4) landscape architec-
44 tural services rendered pursuant to article one hundred forty-eight of
45 the education law; (5) land surveying services rendered pursuant to
46 article one hundred forty-five of the education law; or (6) geological
47 services rendered pursuant to article one hundred forty-five of the
48 education law arising from or in connection with an actual or impending
49 declared emergency, or national, state or local disaster, as defined in
50 paragraph a of subdivision two of section twenty of this article.
51 2. Subject to paragraphs (a) through (g) of this subdivision, any
52 person, corporation or other entity, and the employees and agents of
53 such person, corporation or other entity, which provides emergency
54 assistance either on a voluntary basis at the request of a public offi-
55 cial, law enforcement official, public safety official or code enforce-
56 ment official, municipal corporation, state department, state authority,
A. 8066 3
1 local authority, school district or special district; or pursuant to a
2 contract with a public official, law enforcement official, public safety
3 official or code enforcement official, municipal corporation, state
4 department, state authority, local authority, school district or special
5 district; shall not be liable for any civil damages for injuries result-
6 ing from any act of commission or omission on his or her part in the
7 course of his or her rendering such assistance unless it is established
8 that such injuries were caused by gross negligence, or reckless, wanton
9 or intentional misconduct, on the part of such person arising from,
10 directly or indirectly, the person, corporation or entity, or the
11 employees or agents of such person, corporation or entity, relating to
12 the rendering or furnishing of the voluntary or contractual emergency
13 assistance in connection with the disaster or emergency, provided that
14 the emergency assistance consists of acts, advice, service, work, labor,
15 materials, supplies, equipment or other activities that are consistent
16 with the nature of and rendered pursuant to the request for, consent to,
17 approval of, or contract for such emergency assistance.
18 (a) The rights and benefits provided in this subdivision shall apply
19 with respect to all emergency assistance furnished within the period
20 ending on the later of (1) sixty days after the emergency is declared
21 terminated by the authorized public official, or (2) thirty days after
22 the applicable official, municipal corporation, department or authority
23 advises the private person, corporation or other entity that is provid-
24 ing the emergency assistance in writing that the emergency assistance is
25 completed.
26 (b) The rights and benefits provided in this section shall apply in
27 all cases except upon a showing that assistance or advice rendered, or a
28 service furnished for or in connection with an impending or actual
29 declared national, state or local disaster or emergency was performed
30 pursuant to a separate written agreement for work to be performed or
31 services to be rendered after the conclusion of the emergency assistance
32 where the primary purpose of such agreement is the design or
33 construction of a permanent repair, restoration, correction or other
34 remedy of the conditions that caused or were damaged by the declared
35 emergency, or national, state or local disaster, as defined in paragraph
36 a of subdivision two of section twenty of this article.
37 (c) Where a person, corporation or other entity, or the employees or
38 agents of any person, corporation or other entity renders advice or
39 services at the request of a state or local employee or official and
40 where such advice or services fall within the ambit of the rights and
41 benefits provided in this section, the liability of the state or locali-
42 ty, if any, which requested the services shall not be affected by the
43 provisions of this section.
44 (d) The rights and benefits provided in this section shall not apply
45 to persons, corporations or other entities (1) whose primary business or
46 occupation, at the time of the occurrence of the disaster or circum-
47 stances that gave rise to the declared emergency for which emergency
48 assistance was provided, is one of providing emergency first responder
49 services in response to declared emergencies, and national, state or
50 local disasters, as defined in paragraph a of subdivision two of section
51 twenty of this article; or (2) is regularly engaged in the business of
52 manufacturing equipment that is intended for general use in emergency
53 response operations.
54 (e) The rights and benefits provided in this section shall not apply
55 to persons, corporations or other entities whose negligence or willful
A. 8066 4
1 misconduct caused, in whole or in material part, the disaster or
2 declared emergency.
3 (f) Nothing in this section shall affect the rights and benefits of
4 individuals expressly authorized to participate in volunteer emergency
5 response activities under the direction of or in connection with a
6 community emergency response team, county emergency management agency,
7 state emergency management agency, state-sponsored volunteer program or
8 federal emergency management agency.
9 (g) The rights and benefits provided in this section shall not affect
10 the rights of individuals to seek workers' compensation insurance
11 compensation and other benefits thereunder.
12 § 3. This act shall take effect immediately.