Posted by: Patricia Salkin | October 28, 2009

New NY Law Requires Consistency Among Local Disaster Preparedness Plans

Introduced as A. 5025 (Brodsky), Chapter 415 of the NY Laws of 2009 adds §23-c to the Executive Law and requires that local disaster preparedness plans of a county, city, town, or village not conflict with those of others; disputes with a county are to be resolved by the county; disputes crossing county lines are to be resolved by the state emergency management office; provides that New York city is to be treated as a county for such purposes. According to the sponsor’s memo, “The coordination of plans between neighboring municipalities and agencies is an essential component to disaster planning. The problem of evacuation routes crossing paths could cause serious congestion and confusion in the time of great emergency.  Given the failures of FEMA in New Orleans, and the failures of SEMO and FEMA with respect to the Indian Point Evacuation Plans, municipalities must clarify and coordinate evacuation plans.” Signed on August 26, 2009, the new law takes effect in February 2010 (180 days after signing), however, the law provides that the State Emergency Management Office “is authorized to promulgate any and all rules and regulations and take any other measures necessary for the timely implementation of this act on its effective date on or before such date.”

This new law is a step in the right direction to require needed consistency and coordination in all areas of planning.  You can read or download an article discussing the need for consistency and integration of local waterfront revitalization plans and comprehensive plans by clicking on download at the top left, and then SSRN at the top of the screen at:

Similarly, for a paper on disaster mitigation planning, see: 

A copy of the new law can be accessed at:

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