Associations Support New York State Emergency Responder Act

After concerns about overwhelming liability sidelined some of the building industry's major construction firms during the City's response to Superstorm Sandy, several industry organizations are urging passage of a New York Emergency Responder Act by the end of the legislative session in Albany, June 20.

The Emergency Responder Act, introduced in June in the Senate and the Assembly, would protect firms aiding government during emergency response and recovery efforts from the threat of unlimited liability claims after the event.

The need for the bill originated after construction firms and design professionals who responded to help the City recover from the 9/11 attacks faced literally billions of dollars of liability exposure and hundreds of millions of dollars of legal costs defending themselves because of their presence at the World Trade Center site.

Until these firms got relief through special federal legislation, the financial burden almost put some of the City's best contractors and design firms out of business. The long-term impact was equally damaging. Forced to act out of self-preservation, many of these same firms refused to respond to the City's requests for help following Superstorm Sandy for fear of being drowned in another wave of litigation.

The need for legislation was identified by the New York Building Congress Task Force on New York City Storm Preparedness, which was convened after the storm to develop recommendations to improve New York City's resiliency in the event of another disaster like Sandy. The Task Force's full recommendations—Risk and Resiliency After Sandy—were released in June. The legislation is being carried by Michael Cusick in the Assembly and Diane Savino in the Senate.

The Task Force's Committee on Emergency Response, led by Louis J. Coletti, president of the Building Trades Employers' Association, reviewed government's responses to past emergencies and recommended:

  • Developing a standing city/state/private sector Emergency Response Commission to develop detailed infrastructure hardening preparation and response protocols;
  • Establishing clear procedures for working with the building industry in advance of the next emergency, including designing contracts and procuring industry partners;
  • Passage of an Emergency Responder Act.

"Passage of this legislation empowers the best firms in our industry to respond to the call of duty when the City, the State and their residents need us most," said Richard T. Anderson, Building Congress president.

Coletti, who twice served as NYSAE's chair of the board, said, "Recognition of this issue is an important first step. But we must now pass the Emergency Responder Act in order to protect both construction industry firms responding to government's call for aid, and the millions of New Yorkers who rely on our efforts at these critical moments."

In addition to the Building Congress, other industry associations supporting this legislation include: American Council of Engineering Companies New York chapter; Associated General Contractors, New York State; Building Trades Employers' Association; Construction Industry Council; General Contractors Association, New York; Long Island Contractors' Association; Mechanical Contractors Association, New York; Plumbing Foundation, City of New York; and Subcontractors Trade Association.