Relates to state use of disaster emergency response personnel and non-state resource providers, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10540
 
                           I N  A S S E M B L Y
 
                              March 10, 2026
                                ___________
 
 Introduced  by M. of A. CASHMAN -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the  executive  law,  in  relation  to  authorities  and
   responsibilities during disaster emergencies and in relation to estab-
   lishing the international emergency management assistance compact
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 29-b  of  the  executive  law,  as
 amended  by  section  7  of part B of chapter 56 of the laws of 2010, is
 amended to read as follows:
   1. STATE USE OF DISASTER EMERGENCY RESPONSE  PERSONNEL  AND  NON-STATE
 RESOURCE  PROVIDERS.  A.  The  governor  may,  in  [his  or  her]  THEIR
 discretion, direct the state disaster preparedness commission to conduct
 an emergency exercise or drill, under its direction, in which all or any
 of the personnel and resources of the agencies of the commission of  the
 state may be utilized to perform the duties assigned to them in a disas-
 ter, for the purpose of protecting and preserving human life or property
 in  a  disaster.  During  a disaster or such drill or exercise, disaster
 emergency response personnel in the state shall operate under the direc-
 tion and command of the chair of such commission, and shall possess  the
 same powers, duties, rights, privileges and immunities as are applicable
 in  a  civil  defense  drill  held  at  the direction of the state civil
 defense commission under the provisions of the New  York  state  defense
 emergency act.
   B.  THE  GOVERNOR  MAY  DEPLOY NON-STATE RESOURCE PROVIDERS TO ANOTHER
 COMPACT MEMBER JURISDICTION UNDER ANY  COMPACT  IN  THIS  ARTICLE.  WHEN
 AUTHORIZED  TO PROVIDE ASSISTANCE AND DEPLOYED BY THE LEGALLY DESIGNATED
 STATE OFFICIAL OR  OFFICIALS,  NON-STATE  RESOURCE  PROVIDERS  SHALL  BE
 DEEMED  AGENTS  OF THE STATE FOR PURPOSES OF THE DEPLOYMENT AND SHALL BE
 ENTITLED TO THE RIGHTS AND BENEFITS PROVIDED TO STATE RESOURCE PROVIDERS
 BY THE COMPACT, SUBJECT TO ANY TERMS AND CONDITIONS  OF  THE  REQUESTING
 STATE.  NON-STATE  RESOURCE  PROVIDERS SHALL NOT OFFER ASSISTANCE TO, OR
 REQUEST ASSISTANCE FROM, ANOTHER COMPACT MEMBER JURISDICTION. THE  DIVI-
 SION  OF  HOMELAND  SECURITY  AND  EMERGENCY SERVICES SHALL SERVE AS THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15185-02-6
 A. 10540                            2
 
 COORDINATOR FOR OFFERS AND REQUESTS FOR ASSISTANCE  AND  FACILITATOR  OF
 THE  REIMBURSEMENT  OF  NON-STATE  RESOURCE  PROVIDERS BY THE REQUESTING
 STATE. THE DIVISION OF HOMELAND SECURITY AND  EMERGENCY  SERVICES  SHALL
 NOT BE RESPONSIBLE FOR REIMBURSEMENT UNTIL THE DIVISION RECEIVES PAYMENT
 FROM THE REQUESTING COMPACT MEMBER JURISDICTION.
   § 2. The executive law is amended by adding a new section 29-k to read
 as follows:
   §  29-K.  NORTHERN  EMERGENCY  MANAGEMENT ASSISTANCE COMPACT. NOTWITH-
 STANDING ANY OTHER LAW, THE STATE, THROUGH THE GOVERNOR, MAY  ENTER  THE
 NORTHERN EMERGENCY MANAGEMENT ASSISTANCE COMPACT (P.L. 112-282, RATIFIED
 BY CONGRESS ON JANUARY FOURTEENTH, TWO THOUSAND THIRTEEN).  SUCH COMPACT
 SHALL  BE DEEMED RATIFIED BY THE LEGISLATURE UPON THE GOVERNOR'S CERTIF-
 ICATION TO THE TEMPORARY PRESIDENT OF THE SENATE,  THE  SPEAKER  OF  THE
 ASSEMBLY, AND THE SECRETARY OF STATE, THAT NEW YORK HAS ENTERED INTO THE
 COMPACT.
   § 3. The executive law is amended by adding a new section 29-l to read
 as follows:
   §   29-L.   INTERNATIONAL  EMERGENCY  MANAGEMENT  ASSISTANCE  COMPACT.
 NOTWITHSTANDING ANY OTHER LAW, THE  STATE,  THROUGH  THE  GOVERNOR,  MAY
 ENTER  THE  COMPACT  ESTABLISHED  BY THE EMERGENCY MANAGEMENT ASSISTANCE
 MEMORANDUM OF UNDERSTANDING (EXECUTED ON JULY EIGHTEENTH,  TWO  THOUSAND
 BY THE STATES OF CONNECTICUT, MAINE, MASSACHUSETTS, NEW HAMPSHIRE, RHODE
 ISLAND,  AND  VERMONT  AND  THE  CANADIAN  PROVINCES  OF  NEW BRUNSWICK,
 NEWFOUNDLAND, NOVA SCOTIA, PRINCE EDWARD  ISLAND,  AND  QUEBEC)  AT  THE
 TWENTY-FIFTH  CONFERENCE  OF  NEW ENGLAND GOVERNORS AND EASTERN CANADIAN
 PREMIERS, AS AUTHORIZED BY ARTICLE II(J) OF THE  AGREEMENT  BETWEEN  THE
 GOVERNMENT  OF THE UNITED STATES AND THE GOVERNMENT OF CANADA ON COOPER-
 ATION IN COMPREHENSIVE EMERGENCY  PLANNING  AND  MANAGEMENT  RENEWED  ON
 DECEMBER  SECOND,  NINETEEN  NINETY-EIGHT.  SUCH COMPACT SHALL BE DEEMED
 RATIFIED BY THE LEGISLATURE UPON THE  GOVERNOR'S  CERTIFICATION  TO  THE
 TEMPORARY  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE
 SECRETARY OF STATE, THAT NEW YORK HAS ENTERED INTO THE COMPACT.
   § 4. This act shall take effect immediately.