New York Executive Code § 29-H

Intrastate mutual aid program
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§ 29-h. Intrastate mutual aid program. 1. Creation. There is hereby\ncreated the intrastate mutual aid program to complement existing mutual\naid agreements in the event of a disaster that results in a formal\ndeclaration of an emergency by a participating local government. All\nlocal governments within the state, excepting those which affirmatively\nchoose not to participate in accordance with subdivision four of this\nsection, are deemed to be participants in the program; provided,\nhowever, with respect to school districts and boards of cooperative\neducational services, such participation shall be limited to the sharing\nof facilities management and administrative personnel and equipment.\n  2. Definitions. As used in this section, the following terms shall\nhave the following meanings:\n  a. "Employee" means any person holding a position by election,\nappointment, or employment by a local government;\n  b. "Local government" means any county, city, town, village, school\ndistrict or board of cooperative educational services of the state;\n  c. "Local emergency management director" means the local government\nofficial responsible for emergency preparedness, response and recovery;\n  d. "Requesting local government" means the local government that asks\nanother local government for assistance during a declared emergency, or\nfor the purposes of conducting training, or undertaking a drill or\nexercise;\n  e. "Assisting local government" means one or more local governments\nthat provide assistance pursuant to a request for assistance from a\nrequesting local government during a declared emergency, or for the\npurposes of conducting training, or undertaking a drill or exercise;\n  f. "Disaster" shall have the same meaning as in section twenty of this\narticle;\n  g. "School district" shall have the same meaning as in title two of\nthe education law, including any public school district and any special\nact school district as defined in section four thousand one of the\neducation law; and\n  h. "Board of cooperative educational services" shall have the same\nmeaning as in section nineteen hundred fifty of the education law.\n  3. Intrastate mutual aid program committee established; meetings;\npowers and duties. a. There is hereby created within the disaster\npreparedness commission an intrastate mutual aid program committee, for\npurposes of this section to be referred to as the committee, which shall\nbe chaired by the commissioner of the division of homeland security and\nemergency services, and shall include the state fire administrator, the\ncommissioner of health, the commissioner of education and the\ncommissioner of agriculture and markets, provided that each such\nofficial may appoint a designee to serve in his or her place on the\ncommittee. The committee shall also include five representatives from\nlocal public safety or emergency response agencies and one\nrepresentative from a school district or board of cooperative\neducational services. Such representatives, who shall serve a maximum\ntwo-year term, shall be appointed by the commissioner of the division of\nhomeland security and emergency services, with regard to a balance of\ngeographic representation and discipline expertise.\n  b. The committee, on the call of the chairperson, shall meet at least\ntwice each year and at such other times as may be necessary. The agenda\nand meeting place of all regular meetings shall be made available to the\npublic in advance of such meetings and all such meetings shall be open\nto the public.\n  c. The committee shall have the following powers and responsibilities:\n  (1) to promulgate rules and regulations, acting through the division\nof homeland security and emergency services, to implement the intrastate\nmutual aid program as described in this section;\n  (2) to develop policies, procedures and guidelines associated with the\nprogram, including a process for the reimbursement of assisting local\ngovernments by requesting

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