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What is a state of emergency?
Posted: 09.08.2011 at 12:18 PM
Megan Coleman

Megan Coleman anchors the 5:00p, 5:30p, and 6:00p newcasts on WSTM/NBC and serves as News Content Manager for the CNY Central media group.

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Locally, folks in Tompkins and Chenango counties woke up to a warning from officials. There was a state of emergency in effect.

We've seen these declarations before, but do you know what they really entail? To find out, we got in touch with the State Office of Emergency Management.

It's responsible for coordinating the activities of all state agencies to protect New York's communities, the State's economic well-being and the environment from natural and man-made disasters and emergencies.

Hopefully, this will answer some of the many questions you have about flooding and what exactly a state of emergency entails.

A state of emergency enables New York to use state resources to assist local governments more effectively and quickly, allows the state to activate the national "Emergency Management Assistance Compact" to bring in resources from out of the state, and enables New York to access key federal resources earlier in anticipation of an emergency.

Here are some of the criteria according to New York State Executive Law, Article 2-B:

1. Whenever the governor, on his own initiative or pursuant to a request from one or more chief executives, finds that a disaster has occurred or may be imminent for which local governments are unable to respond adequately, he shall declare a disaster emergency by executive order.

2. Upon declaration of a disaster arising from a radiological accident, the governor or his designee, shall direct one or more chief executives and emergency services organizations to: (a) notify the public that an emergency exists; and (b) take appropriate protective actions pursuant to the radiological emergency preparedness plan approved pursuant to sections twenty-two and twenty-three of this article. The governor, or his designee, shall also have authority to direct that other actions be taken by such chief executives pursuant to their authority under section twenty-four of this article.

3. The executive order shall include a description of the disaster, and the affected area. Such order or orders shall remain in effect for a period not to exceed six months or until rescinded by the governor, whichever occurs first. The governor may issue additional orders to extend the state disaster emergency for additional periods not to exceed six months.

4. Whenever the governor shall find that a disaster is of such severity and magnitude that effective response is beyond the capabilities of the state and the affected jurisdictions, he shall make an appropriate request for federal assistance available under federal law, and may make available out of any funds provided under the governmental emergency fund or such other funds as may be available, sufficient funds to provide the required state share of grants made under any federal program for meeting disaster related expenses including those available to individuals and families.

Under state law, county executives can also issue a state of emergency.

The law states, "Following such proclamation and during the continuance of such local state of emergency, the chief executive may promulgate local emergency orders to protect life and property or to bring the emergency situation under control."

That can include setting up emergency shelters and even issuing a curfew. Whether that means closing schools or businesses, it depends on what the particular county executive decides. Read more here.

What do you think should happen during a state of emergency? Should schools be shut down? What about businesses? Should a curfew be put in place? Leave your thoughts below.

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