Section 21. Disaster preparedness commission established; meetings; powers and duties

1. There is hereby created in  the  executive  department  a
  disaster  preparedness  commission  consisting  of  the commissioners of
  transportation,  health,  division   of   criminal   justice   services,
  education,   social  services,  economic  development,  agriculture  and
  markets,  housing  and  community  renewal,  general  services,   labor,
  environmental conservation, mental health, the president of the New York
  state  energy research and development authority, the superintendents of
  state police, insurance, banking, the secretary of state, the state fire
  administrator, the chair of the public service commission, the  adjutant
  general,  the  director of the state office for technology, the chairman
  of the thruway authority, the chief professional officer  of  the  state
  coordinating  chapter  of  the  American  Red Cross and three additional
  members, to be appointed by the governor, two of  whom  shall  be  chief
  executives.  The  governor  shall designate the chair of the commission.
  The members of the commission, except those who serve ex officio,  shall
  be   allowed  their  actual  and  necessary  expenses  incurred  in  the
  performance of their duties under this  article  but  shall  receive  no
  additional compensation for services rendered pursuant to this article.
    2.  The  commission,  on  call of the chairperson, shall meet at least
  twice each year and at such other times as may be necessary. The  agenda
  and meeting place of all regular meetings shall be made available to the
  public  in  advance of such meetings and all such meetings shall be open
  to the public. The commission shall establish  quorum  requirements  and
  other  rules  and procedures regarding conduct of its meetings and other
  affairs. The adjutant general shall serve as secretary to the commission
  and provide staff  services  as  may  be  necessary  through  the  state
  emergency management office.
    3.    The   commission   shall   have   the   following   powers   and
  responsibilities:
    a. study all aspects  of  man-made  or  natural  disaster  prevention,
  response and recovery;
    b.  request  and  obtain from any state or local officer or agency any
  information  necessary  to  the  commission  for  the  exercise  of  its
  responsibilities;
    c.  prepare  state  disaster preparedness plans, to be approved by the
  governor, and review such plans and report thereon by March thirty-first
  of each year to the governor, the legislature and the chief judge of the
  state. In preparing  such  plans,  the  commission  shall  consult  with
  federal  and  local  officials, emergency service organizations, and the
  public as it deems appropriate. To the extent  such  plans  impact  upon
  administration  of  the civil and criminal justice systems of the state,
  including their operational  and  fiscal  needs  in  times  of  disaster
  emergency,  the commission, its staff and any working group, task force,
  agency or other instrumentality to which it may delegate  responsibility
  to assist it in its duties shall consult with the chief administrator of
  the  courts and coordinate their preparation with him or her or with his
  or her representatives;
    d. prepare, keep current and distribute to chief executives and others
  an inventory of programs directly relevant to  prevention,  minimization
  of   damage,   readiness,  operations  during  disasters,  and  recovery
  following disasters;
    e. direct state disaster  operations  and  coordinate  state  disaster
  operations with local disaster operations following the declaration of a
  state disaster emergency;
    f.  unless  it deems it unnecessary, create, following the declaration
  of a state disaster emergency, a temporary organization in the  disaster
  area  to  provide  for integration and coordination of efforts among the

  various federal, state, municipal and  private  agencies  involved.  The
  commission, upon a finding that a municipality is unable to manage local
  disaster  operations, may, with the approval of the governor, direct the
  temporary  organization  to  assume  direction  of  the  local  disaster
  operations of such municipality, for a specified period of time, and  in
  such  cases  such  temporary organization shall assume direction of such
  local disaster operations, subject to the supervision of the commission.
  In  such  event,  such   temporary   organization   may   utilize   such
  municipality's  local resources, provided, however, that the state shall
  not be liable for any expenses incurred  in  using  such  municipality's
  resources;
    g.  assist  in  the  coordination  of  federal  recovery  efforts  and
  coordinate recovery assistance by state and private agencies;
    h. provide for periodic briefings, drills, exercises or other means to
  assure that all state personnel  with  direct  responsibilities  in  the
  event  of a disaster are fully familiar with response and recovery plans
  and the manner in which they shall carry out their responsibilities, and
  coordinate with federal, local or other state personnel. Such activities
  may take place on a regional or county  basis,  and  local  and  federal
  participation shall be invited and encouraged;
    i.  submit to the governor, the legislature and the chief judge of the
  state by March thirty-first of each year an annual  report  which  shall
  include but need not be limited to:
    (1)  a  summary of commission and state agency activities for the year
  and  plans  for  the  ensuing  year  with  respect  to  the  duties  and
  responsibilities of the commission;
    (2)  recommendations  on ways to improve state and local capability to
  prevent, prepare for, respond to and recover from disasters;
    (3) the status of the state and local plans for disaster  preparedness
  and  response,  including  the  name of any locality which has failed or
  refused to develop and implement its own disaster preparedness plan  and
  program;
    j.  coordinate  and,  to  the  extent possible and feasible, integrate
  commission activities, responsibilities and duties  with  those  of  the
  civil defense commission; and
    k.   develop   public  service  announcements  to  be  distributed  to
  television and radio stations  and  other  media  throughout  the  state
  informing  the  public  how  to  prepare  and respond to disasters. Such
  public service announcements shall be distributed in  English  and  such
  other languages as such commission deems appropriate.