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NEW YORK CONSOLIDATED LAW SERVICE
UNCONSOLIDATED LAWS
MILITARY
CHAPTER 131. DEFENSE EMERGENCY ACT
ARTICLE III. CIVIL DEFENSE
Date:
08/31/2009
Document:
ยง 21. Powers and duties of commission
Because of the existing danger of disasters of unprecedented size and destructiveness resulting from attack and in order to insure that the preparations of the state will be adequate to deal with such disasters and generally to provide for the civil defense, and to assist other states and the federal government to achieve these objectives throughout the nation, the commission shall have the following powers and perform the following duties:
1. To obtain from any public officer and any other person any and all information necessary for civil defense, including but not limited to the nature, extent, location and availability for use, of manpower, skilled and unskilled; municipal agencies; land; food, fuel, feed and water; housing, shelter and related facilities; hospitals, clinics and other health and welfare facilities; schools and other educational facilities; sanitation facilities; recreation facilities; organizations, materials, power, plants and other facilities for production, manufacturing, transportation, finance, agriculture, commerce and public health and safety.
2. Hold hearings and conduct investigations; the chairman, director or the commission may issue a subpoena requiring a person to attend before the commission and be examined in reference to any matter relating to civil defense and in a proper case to bring with him a book, paper, or thing. The provisions of article twenty-three of the civil practice law and rules shall apply with respect to a subpoena issued pursuant to this section. Any member of the commission or the director may administer an oath to a witness.
3. Adopt, promulgate, supplement, rescind, modify and make effective a comprehensive plan for the civil defense of the state, including but not limited to provisions for:
A. In General.
a. Medical treatment, food, clothing and shelter and other items necessary in the event of attack and during the period of rehabilitation and recovery following attack.
b. Location, procurement, construction, processing, transportation, storing, maintenance, renovation or distribution of materials and facilities.
c. Protection for every person in the state from fallout radiation and other dangers resulting from attack.
d. Construction, installation and maintenance by owners and users of property of shelters and other devices and facilities essential to public safety during and subsequent to attack.
B. Organization and Administration.
e. Programs for the training and information of the public, including but not limited to the achievement of protection from fallout radiation and other dangers resulting from attack, practice blackouts, drills or tests, mobilization of civil defense forces, the shutting off of water mains, gas mains, electric power connections and the suspension of other utility services.
f. Recruitment, organization, staffing, maintenance, equipment, training, mobilization and utilization of volunteer agencies either directly or through political subdivisions of the state.
g. Equipment, training and utilization of municipal agencies.
h. Establishment of control and report centers and other operational headquarters and facilities.
i. Warning systems and signals.
j. Assignment, recruitment, organization, training and mobilization, in conjunction with the commissioner of transportation and the commissioner of health, of all publicly owned construction and health service equipment and publicly employed construction, radiological, health service and sanitation personnel into public works, public utility, monitoring, decontamination, rescue and health service teams.
k. Identification, location and planning for the integration with such publicly equipped and publicly employed teams of all privately owned construction and health service equipment, all privately employed construction, radiological, health service and sanitation personnel and all public utility installation and maintenance personnel.
l. Evacuation of certain persons in the event of or anticipation of attack, including the establishment of temporary housing and schools and other emergency facilities.
C. Continuity of Government.
m. Recruitment, training and equipment of radiological control center personnel, decontamination specialists and radiological monitors and maintenance of the necessary radiological staff, materials and facilities.
n. Continuity of government of the state and of political subdivisions of the state.
m. Recruitment, training and equipment of radiological control center personnel, decontamination specialists and radiological monitors and maintenance of the necessary radiological staff, materials and facilities.
o. Storage of essential governmental records of the state and of political subdivisions of the state in conjunction with the public officers having responsibilities therefor under other provisions of law.
D. Public Order.
p. Enforcement of all laws relating to civil defense and the regulations or orders of the council and commission in the event of attack and during the period of rehabilitation and recovery following an attack.
q. Control of pedestrian and vehicular traffic, transportation and communication facilities, public utilities and the conduct of persons other than members of the armed services or military forces in the event of an attack, during drills and tests and immediately prior and subsequent thereto, and during the period of rehabilitation and recovery following an attack.
r. Guarding and protection of water supplies, railroads, public utility property, bridges, docks, highways, airports, landing fields, public buildings, factories, plants, stockpiles, vital and strategic materials and other focal points of possible attack, the loss or destruction of which might menace or endanger the security and safety of the civilian population, impede the military forces or impede the defense effort.
s. The effective screening and extinguishing of lights, lighting devices and appliances.
t. Protection and preservation of property in the event of attack and during the period of rehabilitation and recovery following an attack.
E. Intergovernmental Relations.
u. Cooperation and liaison with officers and agencies of this state and its political subdivisions, of other states and their political subdivisions and of the federal government and, through the commission, by the officers and agencies of this state and its political subdivisions and those of other states and their subdivisions and those of the federal government.
v. Mutual aid arrangements between political subdivisions of the state.
w. Consolidation of local offices of civil defense, provided, however, that no order requiring consolidation of two or more local offices shall be adopted by the commission unless it shall have held a public hearing thereon and shall have sent written notices of its intention to hold such hearing to the chief executive officers and the local legislative bodies of the county or city or cities to be affected thereby at least ten days prior to the date fixed therefor.
F. Recovery and Rehabilitation.
x. Civil defense measures to be taken following attack, such as monitoring for radiation and other specific hazards of special weapons; decontamination procedures; essential debris clearance; immediately essential emergency repair or restoration of damaged vital facilities; implementation of the means and methods for the recovery and rehabilitation of the state; effective utilization of all persons and materials; distribution of stockpiled food, water, medical supplies, machinery and other equipment; the preservation of raw materials; the restoration of essential community services, industrial and manufacturing capacity, and commercial and financial activities in the state; the resumption of educational programs and the termination of emergency measures taken pursuant to the plan, orders or regulations of the commission after an attack.
y. The continued operation of all utilities, sources of power, essential railroads and other transportation facilities.
z. Care for the injured and needy and identification and disposition of the dead after attack.
4. Adopt, promulgate, supplement, rescind, and modify regulations necessary to execute and implement its powers and duties which are not inconsistent with any plan, regulation or order of the council. Any such regulation shall have the force and effect of law ten days after filing in the office of the department of state except that upon a finding by the commission that an earlier effective date is necessary to the safety and health of the people of the state, such a regulation may be made effective at such time after it is filed in such office as the commission shall provide. Any such regulation shall remain in effect during such period or periods of time as it shall provide. The secretary of state shall, as soon as possible after such a regulation has been so filed, mail a copy thereof to the clerk of each county, town, city and village who shall keep it on file in his office during the effective period thereof, but failure to mail such a copy to any such clerk or the failure of any such clerk to file it shall not affect the validity of any such regulation. The commission shall make adequate provision for publication of such regulations, which provision may include publication in the state bulletin or periodic circulars to be issued by the department of state.
5. Subject to the approval of the governor, enter into mutual aid agreements, compacts or arrangements in relation to civil defense with other states, their political subdivisions or their civil defense authorities.
6. Notwithstanding the provisions of sections twenty-two and twenty-three or any other provision of this act, by order, direct the performance of specific duties under the plan, regulations or orders of the commission and require compliance with standards established by such plan, regulations or orders by agencies, local directors and other public officers having administrative responsibilities under this act, including full or partial mobilization of civil defense forces in advance of attack. The commission is authorized to vary or modify in whole or part any provision or requirement of sections twenty-two and twenty-three of this act where strict compliance with such provision or requirement would entail practical difficulties or cause unnecessary hardship or is otherwise found to be unwarranted.
7. Remove any member of any volunteer agency for incompetence, misconduct, neglect of duty, disloyalty or subversive activity.
8. Require reports from agencies and public officers at such times and in the form prescribed by the commission.
9. To appropriate, through the commissioner of transportation or otherwise, real property or any interest therein in accordance with the method provided in section thirty of the highway law.
10. Report to the governor and to the legislature concerning its activities at least once a year and whenever requested.
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