STATE OF NEW YORK ________________________________________________________________________ 3312 2023-2024 Regular Sessions IN SENATE January 30, 2023 ___________ Introduced by Sens. SKOUFIS, ADDABBO, SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Veter- ans, Homeland Security and Military Affairs AN ACT to amend the executive law, in relation to enacting the New York emergency responder act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York emergency responder act". 3 § 2. The executive law is amended by adding a new section 29-f to read 4 as follows: 5 § 29-f. The New York emergency responder act. 1. As used in this 6 section, the following terms shall have the following meanings: 7 (a) "Public official" shall mean any appointed or elected federal, 8 state or local official with executive responsibility in the jurisdic- 9 tion in which the emergency or event has occurred, and acting in his or 10 her official capacity. 11 (b) "Public safety official" shall mean any appointed or elected 12 federal, state or local official with executive responsibility to coor- 13 dinate public safety in the jurisdiction in which the emergency or event 14 has occurred, and acting in his or her official capacity. 15 (c) "Law enforcement official" shall mean any appointed or elected 16 federal, state or local official with executive responsibility to coor- 17 dinate law enforcement in the jurisdiction in which the emergency or 18 event has occurred, and acting in his or her official capacity. 19 (d) "Code enforcement official" shall mean any appointed or elected 20 federal, state or local official with executive responsibility to coor- 21 dinate building inspection in the jurisdiction in which the emergency or 22 event has occurred, and acting in his or her official capacity. 23 (e) "Declared emergency" shall mean any state disaster emergency 24 declaration or local emergency order proclamation, by a public official, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07484-01-3
S. 3312 2 1 of the occurrence or imminent threat of a disaster or rioting, catastro- 2 phe or similar public emergency, or in the event of reasonable apprehen- 3 sion of immediate danger thereof, and upon a finding by the public offi- 4 cial that the public safety is imperiled thereby. 5 (f) "Municipal corporation" shall mean a county, town, city or 6 village. 7 (g) "State department" shall mean those state government departments, 8 divisions or commissions empowered by the state to enter into contractu- 9 al agreements on behalf of the state. 10 (h) "State authority" shall mean a public authority or public benefit 11 corporation created by or existing under this chapter or any other law 12 of the state, with one or more of its members appointed by the governor 13 or who serve as members by virtue of holding a civil office of the 14 state, other than an interstate or international authority or public 15 benefit corporation, including subsidiaries of such public authority or 16 public benefit corporation. 17 (i) "Local authority" shall mean: (1) a public authority or public 18 benefit corporation created by or existing under this chapter or any 19 other law of the state whose members do not hold a civil office of the 20 state, are not appointed by the governor or are appointed by the gover- 21 nor specifically upon the recommendation of the local government or 22 governments; (2) a not-for-profit corporation affiliated with, sponsored 23 by or created by a county, city, town or village government; (3) a local 24 industrial development agency or authority of another local public bene- 25 fit corporation; (4) an affiliate of such local authority; or (5) a land 26 bank corporation created pursuant to article sixteen of the not-for-pro- 27 fit corporation law. 28 (j) "School district" shall mean any common school district, union 29 free school district, central school district, city school district, or 30 central high school district. 31 (k) "Special district" shall mean a town or county improvement 32 district, district corporation or other district established for the 33 purpose of carrying on, performing or financing one or more improvements 34 or services intended to benefit the health, welfare, safety or conven- 35 ience of the inhabitants of such district or to benefit the real proper- 36 ty within such district, and in which real property is subject to 37 special ad valorem levies or special assessments for the purposes for 38 which such district was established. 39 (l) "Emergency assistance" shall mean (1) any assistance or advice, 40 furnishing of construction, supplies, materials, equipment or labor; (2) 41 provision of structural, electrical, mechanical or other engineering 42 services rendered pursuant to article one hundred forty-five of the 43 education law; (3) architectural services rendered pursuant to article 44 one hundred forty-seven of the education law; (4) landscape architec- 45 tural services rendered pursuant to article one hundred forty-eight of 46 the education law; (5) land surveying services rendered pursuant to 47 article one hundred forty-five of the education law; or (6) geological 48 services rendered pursuant to article one hundred forty-five of the 49 education law arising from or in connection with an actual or impending 50 declared emergency, or national, state or local disaster, as defined in 51 paragraph a of subdivision two of section twenty of this article. 52 2. Subject to paragraphs (a) through (g) of this subdivision, any 53 person, corporation or other entity, and the employees and agents of 54 such person, corporation or other entity, which provides emergency 55 assistance either on a voluntary basis at the request of a public offi- 56 cial, law enforcement official, public safety official or code enforce-
S. 3312 3 1 ment official, municipal corporation, state department, state authority, 2 local authority, school district or special district; or pursuant to a 3 contract with a public official, law enforcement official, public safety 4 official or code enforcement official, municipal corporation, state 5 department, state authority, local authority, school district or special 6 district; shall not be liable for any civil damages for injuries result- 7 ing from any act of commission or omission on his or her part in the 8 course of his or her rendering such assistance unless it is established 9 that such injuries were caused by gross negligence, or reckless, wanton 10 or intentional misconduct, on the part of such person arising from, 11 directly or indirectly, the person, corporation or entity, or the 12 employees or agents of such person, corporation or entity, relating to 13 the rendering or furnishing of the voluntary or contractual emergency 14 assistance in connection with the disaster or emergency, provided that 15 the emergency assistance consists of acts, advice, service, work, labor, 16 materials, supplies, equipment or other activities that are consistent 17 with the nature of and rendered pursuant to the request for, consent to, 18 approval of, or contract for such emergency assistance. 19 (a) The rights and benefits provided in this subdivision shall apply 20 with respect to all emergency assistance furnished within the period 21 ending on the later of (1) sixty days after the emergency is declared 22 terminated by the authorized public official, or (2) thirty days after 23 the applicable official, municipal corporation, department or authority 24 advises the private person, corporation or other entity that is provid- 25 ing the emergency assistance in writing that the emergency assistance is 26 completed. 27 (b) The rights and benefits provided in this section shall apply in 28 all cases except upon a showing that assistance or advice rendered, or a 29 service furnished for or in connection with an impending or actual 30 declared national, state or local disaster or emergency was performed 31 pursuant to a separate written agreement for work to be performed or 32 services to be rendered after the conclusion of the emergency assistance 33 where the primary purpose of such agreement is the design or 34 construction of a permanent repair, restoration, correction or other 35 remedy of the conditions that caused or were damaged by the declared 36 emergency, or national, state or local disaster, as defined in paragraph 37 a of subdivision two of section twenty of this article. 38 (c) Where a person, corporation or other entity, or the employees or 39 agents of any person, corporation or other entity renders advice or 40 services at the request of a state or local employee or official and 41 where such advice or services fall within the ambit of the rights and 42 benefits provided in this section, the liability of the state or locali- 43 ty, if any, which requested the services shall not be affected by the 44 provisions of this section. 45 (d) The rights and benefits provided in this section shall not apply 46 to persons, corporations or other entities (1) whose primary business or 47 occupation, at the time of the occurrence of the disaster or circum- 48 stances that gave rise to the declared emergency for which emergency 49 assistance was provided, is one of providing emergency first responder 50 services in response to declared emergencies, and national, state or 51 local disasters, as defined in paragraph a of subdivision two of section 52 twenty of this article; or (2) is regularly engaged in the business of 53 manufacturing equipment that is intended for general use in emergency 54 response operations. 55 (e) The rights and benefits provided in this section shall not apply 56 to persons, corporations or other entities whose negligence or willful
S. 3312 4 1 misconduct caused, in whole or in material part, the disaster or 2 declared emergency. 3 (f) Nothing in this section shall affect the rights and benefits of 4 individuals expressly authorized to participate in volunteer emergency 5 response activities under the direction of or in connection with a 6 community emergency response team, county emergency management agency, 7 state emergency management agency, state-sponsored volunteer program or 8 federal emergency management agency. 9 (g) The rights and benefits provided in this section shall not affect 10 the rights of individuals to seek workers' compensation insurance 11 compensation and other benefits thereunder. 12 § 3. This act shall take effect immediately.