A2258 2R

An Act concerning Code Red alert plans to shelter at-risk individuals during certain pilot period ²,² and ²[amending P.L.1942, c.251] making an appropriation².

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

1. ²[(New section)]² 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.

²"Department" means the Department of Community Affairs.²

"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. ²[(New section)]² a. ²There shall be established a three-year pilot program for issuing Code Red alerts by counties participating in the pilot program.

b.² A county governing body, through its office of emergency management or other appropriate office, agency, or department, ²[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. ¹The Code Red alert plan, as overseen by the governing body of the county, shall include: (1) the operation of cooling centers; (2) necessary response to an alert by a municipality, social service agency, or non-profit organization; (3) an outreach plan to vulnerable populations; (4) the availability of other heat and air quality related mitigation strategies; (5) an implementation plan; and (6) other specifics, as determined by the State Office of Emergency Management. Each municipality, social service agency, and non-profit organization shall report the location of cooling centers to the Department of Environmental Protection for inclusion in the Heat Hub NJ public resource.¹

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.] may participate in the pilot program by establishing and implementing a plan consistent with the provisions of this act 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.

c. A county may apply to the Department of Community Affairs in a form and manner determined by the department for eligible funds pursuant to subsection d. of this section.

d. The five counties in the State with the highest documented homeless population as noted in the most recent Annual Point in Time Count, shall be eligible to participate in the pilot program. If one or more eligible counties decline participation in the pilot program, then one or more other counties shall be eligible to participate, with priority going to each county with the next-highest documented homeless population. The governing body of any county eligible to participate in the pilot program, and that does not decline participation, shall establish and implement a plan consistent with this section as a condition of receipt of a $500,000 grant. The department may, in its discretion, distribute such funds prior to the submission and implementation of a plan.

e. Each participating county’s office of emergency management, or appropriate office, agency, or department, in consultation with the Department of Community Affairs, shall coordinate with municipal emergency management coordinators in municipalities with a documented homeless population of at least 10 sheltered or unsheltered 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 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. The Code Red alert plan, as overseen by the governing body of the county, shall include: (1) the operation of cooling centers; (2) the necessary response to an alert by a municipality, social service agency, or non-profit organization; (3) a plan to coordinate with local groups within the county to implement the Code Red alert plan; (4) an outreach plan to vulnerable populations; (5) the availability of other heat and air quality related mitigation strategies; (6) an implementation plan; and (7) a plan to coordinate any necessary transportation to cooling centers. Each municipality, social service agency, and non-profit organization shall report the location of cooling centers to the Department of Environmental Protection for inclusion in the Heat Hub NJ public resource.

Each county and municipality shall be responsible for, but not limited to making information on the Code Red alert plan available to the public on each county and municipality Internet website.

f. The provisions of section 20 of P.L.1942, c.251 (C.App.A:9-52) shall be applicable but not be limited to establishing or developing 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 Red alert plan pursuant to the provisions of P.L. , c. (pending before the Legislature as this bill).²

3. ²[(New section)] a.² A ²[county]² coordinator ²of a county participating in the pilot program² shall declare a Code Red alert during the time of the three-year pilot program when the National Weather Service office for that county’s region declares a heat advisory for the area ¹or reports an Air Quality Index of 151 or higher. This section shall not be understood to prohibit a county, municipality, social service agency, or non-profit organization from operating a cooling center or other heat related mitigation strategy when a Code Red alert is not required by this section¹.

²b. Prior to declaring a Code Red alert pursuant to subsection a. of this section, the county coordinator of a participating county, or the coordinator’s designee shall monitor the municipality in the participating county with the highest documented homeless population and shall use the weather forecast and advisory produced by the National Weather Service for that municipality as an indicator for the declaration of a Code Red alert in the county.

c. When a Code Red alert is declared pursuant to subsection a. of this section, the county coordinator of a participating county, or the coordinator’s designee, may coordinate with NJ 211, which may include identifying cooling center locations and transportation options in the county.²

²[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] 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)]²

²4. There is appropriated from the General Fund to the Department of Community Affairs the sum of $2,500,000 to implement the provisions of subsection d. of section 2 of P.L. , c. (pending before the Legislature as this bill).²

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