A3540 ACS

Sponsored by:

Assemblywoman YVONNE LOPEZ

District 19 (Middlesex)

Assemblywoman ANGELICA M. JIMENEZ

District 32 (Bergen and Hudson)

Assemblywoman ANGELA V. MCKNIGHT

District 31 (Hudson)

Co-Sponsored by:

Assemblywoman Jasey and Assemblyman Sampson

SYNOPSIS

Creates Code Red alert pilot program to shelter at-risk individuals during hot weather.

CURRENT VERSION OF TEXT

Substitute as adopted by the Assembly Housing Committee.

An Act concerning Code Red alert plans to shelter at-risk individuals during certain pilot period and amending P.L.1942, c.251.

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

1. (New section) As used in P.L. , c. (pending before the Legislature as this bill):

"At-risk individual" means an individual living outdoors, on the streets, in the parks, or in poorly insulated settings, and who is at risk for weather-related exposure and possible death.

"Coordinator" means the county emergency management coordinator appointed pursuant to section 12 of P.L.1953, c.438 (C.App.A:9-42.1).

"County governing body" means the board of county commissioners, or in the case of those counties organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the board of county commissioners and the county executive, the county supervisor, or the county manager, as appropriate.

"Pilot program" means the three-year pilot program established pursuant to section 2 of P.L. , c. (pending before the Legislature as this bill).

2. (New section) a. A county governing body, through its office of emergency management or other appropriate office, agency, or department, shall establish a pilot program in the form of a three-year plan for issuing a 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 people, as noted in the most recent Annual Point In Time Count, in developing consistent 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 Red alert plan. This plan may be carried out by designated volunteer organizations. Volunteer-organized Code Red efforts shall receive cooperation and logistical support from the coordinator, but shall operate autonomously, provided that the volunteer organizations operate in response to an alert and pursuant to the Code Red alert plan.

b. On or before the first day of the 30th month next following the effective date of P.L. , c. (pending before the Legislature as this bill), the State Office of Emergency Management shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. The report shall provide information on the success of the pilot program, challenges faced by the program, and recommendations on whether or not to make the pilot program permanent. The State Office of Emergency Management may request information needed for development and compilation of this report from each appropriate county office. Following the conclusion of the pilot program, a county governing body may certify and submit a request for a reimbursement for the administrative costs of the pilot program to the State Office of Emergency Management, and the State Office of Emergency Management shall reimburse the county for those certified costs.

3. (New section) A coordinator shall declare a Code Red alert during the time of the three-year pilot program, if, after evaluating weather forecasts and advisories produced by the National Weather Service:

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

(2) the daily high temperature is forecast to reach a high of at least 100 degrees Fahrenheit for any length of time.

4. (New section) The coordinator, or the coordinator's designee, shall review weather forecasts from the National Weather Service on a regular and consistent basis during the time of the three-year pilot program to determine when a Code Red alert is warranted.

5. 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] P.L.1942, c.251 (C.App. A:9-33 et seq.) 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] P.L.1942, c.251 (C.App. A:9-33 et seq.) 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 alert plan, or a Code Red alert plan pursuant to P.L. , c. (pending before the Legislature as this bill), or implementing, carrying out, or providing services under a Code Blue alert plan, pursuant to the provisions of P.L.2017, c.68 (C.App.A:9-43.18 et al.), or a Code Red alert plan pursuant to the provisions of P.L. , c. (pending before the Legislature as this bill).

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

6. This act shall take effect immediately, and shall expire three years thereafter.