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N.Y. mostly ignored warnings in '78 law requiring state to update plans for post-storm services

Published: Thursday, July 30 2015 8:34 a.m. MDT

In this Nov. 9, 2012 file photo, a New York City Police Department officer manages the line of cars waiting for gasoline, in New York. (Associated Press) In this Nov. 9, 2012 file photo, a New York City Police Department officer manages the line of cars waiting for gasoline, in New York. (Associated Press)

ALBANY, N.Y. — More than three decades before superstorm Sandy, a state law and a series of legislative reports began warning New York politicians to prepare for a storm of historic proportions, spelling out scenarios eerily similar to what actually happened: a towering storm surge; overwhelming flooding; swamped subway lines; widespread power outages.

But most of the warnings and a requirement in a 1978 law to create a regularly updated plan for the restoration of "vital services" after a storm was mostly unheeded, either because of tight budgets or the lack of political will to prepare for a hypothetical storm that may never hit.

Some of the thorniest problems after Sandy, including a gasoline shortage, the lack of temporary housing and the flooding of commuter tunnels, ended up being handled largely on the fly.

A beachside Belle Harbor, N.Y., house is shown in ruins last month after superstorm Sandy devastated it. (Associated Press) A beachside Belle Harbor, N.Y., house is shown in ruins last month after superstorm Sandy devastated it. (Associated Press)

"I don't know that anyone believed," acknowledged Gov. Andrew Cuomo last week. "We had never seen a storm like this. So it is very hard to anticipate something that you have never experienced."

Asked how well-prepared state officials were for Sandy, he said, "not well enough."

It wasn't as if the legislative actions over the years were subtle. They all had a common, emphatic theme: Act immediately before it's too late.

The 1978 executive law required a standing state Disaster Preparedness Commission to meet at least twice a year to create and update disaster plans. It mandated the state to address temporary housing needs after a disaster, create a detailed plan to restore services, maintain sewage treatment, prevent fires, assure generators "sufficient to supply" nursing homes and other health facilities, and "protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel."

In this Oct. 30, 2012 file photo, this aerial view shows burned-out homes in the Breezy Point section of the Queens borough of New York. (Associated Press) In this Oct. 30, 2012 file photo, this aerial view shows burned-out homes in the Breezy Point section of the Queens borough of New York. (Associated Press)

Reports in 2005, 2006 and 2010 added urgency. "It's not a question of whether a strong hurricane will hit New York City," the 2006 Assembly report warned. "It's just a question of when."

A 2010 task force report to the Legislature concluded: "The combination of rising sea level, continuing climate change and more development in high-risk areas has raised the level of New York's vulnerability to coast storms. ... The challenge is real, and sea level rise will progress regardless of New York's response."

The Disaster Preparedness Commission met biannually some years, but there are gaps in which there is no record of a meeting. However, some administrations, including Cuomo's, convened many of the same agency heads to discuss emergency management. But even under Cuomo, who has taken a much greater interest in emergency management after three violent storms in his first two years in office, there are still three vacancies on the commission.

In this Monday, Oct. 29, 2012 file photo, seawater floods the entrance to the Brooklyn Battery Tunnel in New York in the wake of Superstorm Sandy.  (Associated Press) In this Monday, Oct. 29, 2012 file photo, seawater floods the entrance to the Brooklyn Battery Tunnel in New York in the wake of Superstorm Sandy. (Associated Press)

Richard Brodsky, a former New York Democratic assemblyman who was chairman of the committee that created the 2006 report, credits administrations with making some improvements to the plan in recent years, such as requiring a specific plan to protect and evacuate the infirm and to save pets.

"But on two issues related to Sandy — prevention and recovery — they did almost nothing," Brodsky said. "If Goldman Sachs was smart enough to sandbag its building, why wasn't the MTA smart enough to sandbag the Battery Tunnel?"

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