A3540

An Act concerning Code Red alert plans to shelter at-risk individuals and amending P.L.2017, c.68, P.L.2017, c.70, and P.L.1942, c.251.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2017, c.68 (C.App.A:9-43.19) is amended to read as follows:

2. A county governing body, through its office of emergency management or other appropriate office, agency, or department, shall establish a plan for issuing a Code Blue or Code Red alert to municipalities, social service agencies, and non-profit organizations that provide services to at-risk individuals and are located within the county's borders. The county office of emergency management, or appropriate office, agency, or department, shall coordinate with municipal emergency management coordinators in municipalities with a documented homeless population of at least 10, as noted in the most recent Annual Point In Time Count, in developing consistent Code Blue or Code Red alert plans throughout the county that provide for communication and outreach, emergency warming or cooling centers, and transportation during implementation of a Code Blue or Code Red alert plan. This plan may be carried out by designated volunteer organizations. Volunteer-organized Code Blue and Code Red efforts shall receive cooperation and logistical support from the coordinator, but shall operate autonomously, provided that they operate in response to an alert and pursuant to the Code Blue or Code Red alert plan.

(cf: P.L.2017, c.68, s.2)

2. Section 3 of P.L.2017, c.68 (C.App.A:9-43.20) is amended to read as follows:

3. [A coordinator shall declare a Code Blue alert after] After evaluating weather forecasts and advisories produced by the National Weather Service that predict the following weather conditions in the county within 24 to 48 hours, a coordinator shall declare:

a. a Code Blue alert if:

(1) temperatures will reach 32 degrees Fahrenheit or lower; or

[b.] (2) the National Weather Service wind chill temperature will be zero degrees Fahrenheit or less for a period of two hours or more[.]; or

b. a Code Red alert if:

(1) the heat index is forecast to reach 95 degrees Fahrenheit to 99 degrees Fahrenheit for at least two consecutive days; or

(2) the temperatures will reach 100 degrees Fahrenheit to 104 degrees Fahrenheit for any length of time.

(cf: P.L.2019, c.427, s.1)

3. Section 5 of P.L.2017, c.70 (C.App.A:9-43.21) is amended as follows:

5. The coordinator, or the coordinator's designee, shall review weather forecasts from the National Weather Service on a regular and consistent basis to determine when a Code Blue or Code Red alert is warranted.

(cf: P.L.2017, c.70, s.5)

4. Section 20 of P.L.1942, c.251 (C.App.A:9-52) is amended to read as follows:

20. Neither the State nor any political subdivision of the State under any circumstances, nor the agents, officers, employees, servants or representatives of the State or any political subdivision thereof, including all volunteers, in good faith carrying out, complying with, or attempting to comply with, any order, rule or regulation promulgated pursuant to the provisions of this act or performing any authorized service in connection therewith, shall be liable for any injury or death to persons or damage to property as the result of [any such] the activity. No person owning, possessing or managing any real property which has been designated, pursuant to the provisions of this act or of any order, rule or regulation promulgated thereunder, as a shelter from destructive operations or attacks by enemies of the United States, shall be liable in any civil action for death or injury to any person who, because [such] the real property has been designated a shelter [as aforesaid], enters upon it solely for the purpose of seeking refuge therein during such destructive operations or attacks or during civil defense tests ordered by lawful authority, except where [such] the death or injury is caused by the willful act of [such] the owner, possessor or manager, or his agents or employees. The foregoing shall not affect the right of any person to receive benefits or compensation which may be specifically provided by the provisions of this or any other State or Federal Statute, nor shall it affect the right of any person to recover under the terms of any policy of insurance. The provisions of this section shall apply but shall not be limited to establishing or developing a Code Blue or Code Red alert plan, or implementing, carrying out, or providing services under a Code Blue or Code Red alert plan, pursuant to the provisions of P.L.2017, c.68 (C.App.A:9-43.18 et al.).

(cf: P.L.2017, c.68, s.4)

5. This act shall take effect immediately.

STATEMENT

This bill creates a Code Red alert modeled on the Code Blue alert under current law.

The bill provides for the coordination, by a county office of emergency management, of emergency services rendered by municipal governments, social service agencies, and certain non-profit organizations to the homeless during harsh hot weather conditions. The bill defines an at-risk individual as an individual living outdoors or in poorly insulated settings who is at risk for weather-related exposure and possible death.

The bill amends current law to ensure the plans throughout the county include communication and outreach to at-risk individuals, as well as transportation during the implementation of a Code Blue or Code Red alert plan.

The bill requires a county office of emergency management, or other appropriate county office, agency, or department, to coordinate with municipal emergency management coordinators in municipalities with a documented homeless population of at least 10 persons, to develop consistent Code Red alert plans throughout the county that provide emergency cooling centers during implementation of a Code Red alert.

The bill makes the county emergency management coordinator responsible for monitoring National Weather Service weather forecasts, and requires issuance of a Code Red alert if:

1) the heat index is forecast to reach 95 degrees Fahrenheit to 99 degrees Fahrenheit for at least two consecutive days; or

2) the temperatures will reach 100 degrees Fahrenheit to 104 degrees Fahrenheit for any length of time.

The issuance of an alert will trigger implementation of the county Code Red alert plan, including the provision of emergency cooling centers for at-risk individuals. These cooling centers may be provided by designated volunteer organizations that would receive planning support from the county but operate autonomously in response to an alert.

The bill provides “Good Samaritan” protection from civil liability to the State, a political subdivision, and their agents and employees, as well as to volunteer organizations and their members and volunteers who, during implementation of a Code Red alert plan, provide emergency cooling centers to at-risk individuals.