Amd S58-a, Civ Serv L; amd S236-b, County L; amd SS156-a, 156-c, 159, 711 & 29-i, add S29-j, Exec L; amd
SS209-e, 209-f, 209-g & 209-w, Gen Muni L
Relates to state fire mobilization and mutual aid plan; relates to the acceptance of gifts by the state; relates to immunity from liability for emergency alerts.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7971
SPONSOR: Englebright (MS) TITLE OF BILL: An act to amend the civil service law, the county law,
the executive law and the general municipal law, in relation to making
technical corrections thereto and the state fire mobilization and mutual
aid plan (Part A); to amend the executive law, in relation to the
acceptance of gifts by the state (Part B); and to amend the executive
law, in relation to immunity from liability for emergency alerts (Part
C)
PURPOSE:
In recent years, New York has experienced a number of disaster emergen-
cies that have impacted many parts of the State and required a coordi-
nated response to maximize the use of available local, state, federal
and private resources in preparing for and responding to these disaster
emergencies. This bill would improve the State's ability to make such a
coordinated response.
SUMMARY OF PROVISIONS:
I.The Office of Fire Prevention and Control (Part A)
This bill would make technical changes to the Civil Service Law, the
County Law, the Executive Law and the General Municipal Law to reflect
the removal of the Office of Fire Prevention and Control ("OFPC") from
the Department of State and its consolidation into the Division of Home-
land Security and Emergency Services ("DHSES"). It also would: (a) make
technical changes necessitated by the repeal of certain boards and
commissions that formerly provided policy and other guidance on fire-re-
lated issues; (b) amend references to the Governor's authority to
promulgate certain regulations pursuant to Executive L. § 159-d, which
was repealed by L. 2010, c. 56; and (c) incorporate gender-neutral
language into various provisions of law, by changing references to
"firemen" to "firefighters."
Further, the bill would authorize the State Fire Administrator to
promulgate rules and regulations necessary to implement the state fire
mobilization and mutual aid plan.
Finally, it would update the requirement that when a sheriff declares a
state of special emergency pursuant to General Municipal L. § 209-f, he
or she must notify the Governor of that declaration by "telegram," by
allowing such notification also to be made by facsimile or other elec-
tronic means.
II. Authorizing the Office of Emergency Management ("OEM") to Accept
Gifts (Part B)
The bill would add a new Executive L. § 29-j to authorize OEM to accept
any assistance, including gifts of real and personal property, but not
money, from a public or private source for purposes of preparing for,
responding to or recovering from a state disaster emergency. Such
assistance could be used to support state or local disaster operations,
and could be distributed to disaster response organizations that are
supporting local disaster response operations. To ensure transparency,
OEM would maintain a public database concerning gifts that are accepted,
including the donors and recipients of the gifts, the type of assistance
provided and the value of that assistance.
III.Immunity from Liability for Emergency Alerts (Part C)
The NY-Text system will allow mass text messages to be sent to all wire-
less telephones in a chosen area before during and after an emergency.
These messages may be used, for example, to send evacuation warnings, or
to provide information on the location of food, water, shelters or other
resources that may be needed in the wake of a disaster emergency. Execu-
tive L. § -29-i, enacted in L. 2013, c. 55, Rives immunity from liabil-
ity to mobile service providers for acts or omissions relating to, or
harm resulting from, the transmission or failure to transmit an emergen-
cy alert, when the provider acted reasonably and in good faith. This
bill would amend that section to also provide such immunity to "third-
party intermediary transmission service providers" who are acting on
behalf of the State or a mobile service provider in facilitating the
transmission of emergency alert messages.
EXISTING LAW:
L. 2010, c. 56 created the DHSES to consolidate, in one agency, the
Office of Emergency Management (formerly the State Emergency Management
Office) and 01-PC, as well as the Office of Counterterrorism and the
Office of CYber Security, As part of that consolidation of agencies, the
Fire Safety Advisory Board, the Arson Board and the Fire Fighting and
Code Enforcement Personnel Standards and Education Commission ("the
Commission") were repealed, and some of their duties given to a newly
created Advisory Council for Fire Prevention and Control. Also repealed
was Executive L. § 159-d, which authorized the Governor to promulgate
regulations recommended by the Commission.
General Municipal L.§ 209-e sets forth the authority of the State Fire
Administrator to prepare a fire mobilization and mutual aid plan and §
209-f provides that when a sheriff declares a state of special emergen-
cy, he or she must first notify the Governor by telegram.
OEM has no statutory authority to accept gifts on behalf of the State.
Executive L. § 29-i, enacted as part of L. 2013, c. 55, provides that
providers of mobile services who transmit emergency alerts on behalf of
the State shall be immune from liability for acts or omissions relating
to the transmission of such alerts.
JUSTIFICATION:
This bill would improve the State's ability to prepare for and respond
to fire emergencies and other disasters. First, by making technical
corrections to a number of sections of law, it will clarify the respec-
tive roles of the State Fire Administrator and the Secretary of State
with respect to a number of fire-related issues, including who has
authority to promulgate rules and regulations, including those necessary
for the successful implementation of the State's fire mobilization and
mutual aid plan. Second, it would simplify a sheriff's ability to
fulfill the requirement that he or she notify the Governor of a declared
state of special emergency, but giving the sheriff options other than a
"telegram" to make such a notification.
Third, the bill would permit the State OEM to accept gifts excluding
money - to be used in preparation for, responding to and recovering from
a State disaster emergency. This will allow better coordination and use
of such gifts and donations.
Finally, granting immunity from liability to third-party intermediary.
transmission service providers will expedite the State's implementation
of the NY-Text emergency alert system by removing a barrier to the
State's ability to contract with a provider that already has the neces-
sarily technological solution to operate such an alert system. Having
such an alert system in place before the next hurricane season is and
should be a priority for the State.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None.
EFFECTIVE DATE:
This bill would take effect immediately.
