N.Y. Comp. Codes R. & Regs. tit. 9 § 5.123

Current through Register Vol. 46, No. 50, December 11, 2024

Section 5.123 - Executive order no. 123: establishing the state director of disaster preparedness and response

WHEREAS, the barbaric attacks on the World Trade Center and Pentagon on September 11, 2001, have required us to face the sobering reality that there are terrorists, both at home and abroad, who plot against us in order to do us harm;

WHEREAS, while no state is doing more than New York to detect and prevent terrorist attacks, we know that a terrorist only has to strike once to wreak havoc on our great State.

WHEREAS, as we address the threat of terrorism, we must not lose sight of the devastation that natural disasters and other types of emergencies can have on the people of New York and our critical infrastructure assets;

WHEREAS, we must also be mindful that our critical infrastructure assets include not only our physical infrastructure, but our computer and cyber systems, and we must develop a unified strategy that recognizes the importance of both our physical and cyber assets;

WHEREAS, the people of New York State have responded heroically to the terrorist attacks on the World Trade Center and other disasters, including the 1998 North Country ice storm and the crash of TWA Flight 800, but we must continue to be proactive and enhance our State's preparedness for disaster emergencies of all types so that we can respond and recover as quickly and as effectively as possible; and

WHEREAS, we must adopt a coordinated and collaborative approach that includes strong partnerships among all State agencies, all levels of government and the private sector;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby establish the position of State Director of Disaster Preparedness and Response ("State Director"), whose responsibilities shall include:

1. Overseeing and directly supervising the management and affairs of the State Emergency Management Office, the Division of Military & Naval Affairs, the Office of Cyber Security & Critical Infrastructure Coordination and the Disaster Preparedness Commission.

2. Directing and leading New York State's disaster preparedness efforts, including the response to and recovery from acts of terrorism, disasters, other emergencies and threats thereof. For purposes of this Order, the term "disaster" shall have the same meaning as in Executive Law § 20(2)(a), and the State Director's responsibilities with respect to the response to acts of terrorism, disasters, other emergencies and threats thereof shall be those set forth in Executive Law § 22(b).

3. In cooperation with the Director of the Office of Public Security, establishing and coordinating disaster preparedness policies, protocols and strategies for state entities.

4. Establishing, facilitating and fostering partnerships and information sharing between and among State government, local governments, other states, the federal government, institutions of higher learning and private entities to better prepare the State to respond to and recover from acts of terrorism, disaster, other emergencies and threats thereof.

5. Directing and coordinating policies, protocols, strategies and continuity plans for state entities to protect critical infrastructure within the State, including physical and cyber assets, from natural disasters and threats thereof.

6. Advising and consulting with the Director of the Office of Public Security with respect to policies, protocols, strategies and continuity plans of State agencies for protecting critical infrastructure within the State, including physical and cyber assets, from acts of terrorism.

7. Coordinating, collecting and maintaining information pertaining to critical infrastructure assets in the State, including physical and cyber assets, to assist in protecting against, detecting, responding to and recovering from acts of terrorism, disasters, other emergencies and threats thereof.

8. In cooperation with the Director of the Office of Public Security, coordinating, facilitating and fostering information sharing between and among State government, local governments, other states, the federal government, institutions of higher learning and private entities to improve the protection of critical infrastructure assets in the State.

9. Coordinating the procurement by state entities of resources relating to (a) disaster preparedness and (b) the collection, maintenance and dissemination of information pertaining to critical infrastructure assets in the State.

10. Performing such acts as may be necessary or convenient to carry out the duties and responsibilities set forth herein.

In carrying out the foregoing responsibilities, the State Director shall coordinate and consult with the Senior Advisor to the Governor for Counter-Terrorism and the Director of the Office of Public Security on the response to and recovery from terrorist acts or threats. Nothing in the Order shall affect the responsibilities of the Senior Advisor to the Governor for Counter-Terrorism and the Director of the Office of Public Security with respect to the prevention and detection of terrorist acts or threats and the public security response thereto.

All state entities are hereby directed to cooperate fully with the State Director and provide any assistance necessary to carry out this Order. For purposes of this Order, the term "state entities" shall include all state agencies, departments, offices, divisions, boards, bureaus, commissions and other entities over which the Governor has executive power, the State University of New York, the City University of New York and all public benefit corporations the heads of which are appointed by the Governor.

Signed: George E. PatakiDated: January 16, 2003

[FN*] [Superseded by Executive Order No. 132 (George E. Pataki), infra.]

[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5.123

Superseded by Executive Order No. 132 (George E. Pataki), infra.