Bill Text: NY S07919 | 2019-2020 | General Assembly | Introduced

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Bill Title: Permits the governor to issue by executive order any directive necessary to respond to a state disaster emergency; and makes a $40,000,000 appropriation from the state purposes account of the general fund for responding to the outbreak of coronavirus disease 2019 (COVID-19).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-03-03 - SIGNED CHAP.23 [S07919 Detail]

Download: New_York-2019-S07919-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7919

                    IN SENATE

                                      March 2, 2020
                                       ___________

        Introduced  by  Sen.  STEWART-COUSINS -- (at request of the Governor) --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Rules

        AN  ACT to amend the executive law, in relation to issuing by the gover-
          nor of any directive necessary to respond to a state disaster emergen-
          cy; making an appropriation therefor; and providing for the repeal  of
          certain provisions upon expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph a of subdivision 2 of section 20 of the executive
     2  law, as amended by section 1 of part B of chapter  56  of  the  laws  of
     3  2010, is amended to read follows:
     4    a. "disaster" means occurrence or imminent, impending or urgent threat
     5  of  wide  spread  or  severe damage, injury, or loss of life or property
     6  resulting from any natural or man-made causes, including, but not limit-
     7  ed to, fire, flood, earthquake, hurricane, tornado,  high  water,  land-
     8  slide,  mudslide, wind, storm, wave action, volcanic activity, epidemic,
     9  disease outbreak, air contamination,  terrorism,  cyber  event,  blight,
    10  drought,  infestation, explosion, radiological accident, nuclear, chemi-
    11  cal, biological, or bacteriological release, water contamination, bridge
    12  failure or bridge collapse.
    13    § 2. Section 29-a of the executive law, as added by chapter 640 of the
    14  laws of 1978, subdivision 1 as amended by section 7 of part G of chapter
    15  55 of the laws of 2012, is amended to read as follows:
    16    § 29-a. Suspension of other laws.  1. Subject to the  state  constitu-
    17  tion, the federal constitution and federal statutes and regulations, the
    18  governor may by executive order temporarily suspend [specific provisions
    19  of]  any statute, local law, ordinance, or orders, rules or regulations,
    20  or parts thereof, of any agency during a state  disaster  emergency,  if
    21  compliance  with  such provisions would prevent, hinder, or delay action
    22  necessary to cope with the disaster or if necessary to assist or aid  in
    23  coping  with such disaster.  The governor, by executive order, may issue
    24  any directive during a state disaster emergency declared in the  follow-
    25  ing  instances: fire, flood, earthquake, hurricane, tornado, high water,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12048-08-0
        S. 7919                             2

     1  landslide,  mudslide,  wind,  storm,  wave  action,  volcanic  activity,
     2  epidemic,  disease  outbreak, air contamination, terrorism, cyber event,
     3  blight, drought, infestation, explosion, radiological accident, nuclear,
     4  chemical,  biological,  or bacteriological release, water contamination,
     5  bridge failure or bridge collapse. Any such directive must be  necessary
     6  to  cope  with  the  disaster  and may provide for procedures reasonably
     7  necessary to enforce such directive.
     8    2. Suspensions pursuant to subdivision one of this  section  shall  be
     9  subject  to the following standards and limits, which shall apply to any
    10  directive where specifically indicated:
    11    a. no suspension or directive shall be made for a period in excess  of
    12  thirty  days, provided, however, that upon reconsideration of all of the
    13  relevant facts and circumstances, the governor may extend the suspension
    14  for additional periods not to exceed thirty days each;
    15    b. no suspension or directive shall be made which [does not  safeguard
    16  the] is not in the interest of the health [and] or welfare of the public
    17  and which is not reasonably necessary to aid the disaster effort;
    18    c.  any  such  suspension  order shall specify the statute, local law,
    19  ordinance, order, rule or regulation or part thereof to be suspended and
    20  the terms and conditions of the suspension;
    21    d. the order may provide for such  suspension  only  under  particular
    22  circumstances, and may provide for the alteration or modification of the
    23  requirements of such statute, local law, ordinance, order, rule or regu-
    24  lation suspended, and may include other terms and conditions;
    25    e.  any such suspension order or directive shall provide for the mini-
    26  mum deviation from the requirements of the  statute,  local  law,  ordi-
    27  nance,  order, rule or regulation suspended consistent with the goals of
    28  the disaster action deemed necessary; and
    29    f. when practicable, specialists shall be assigned to assist with  the
    30  related  emergency  actions  to avoid needless adverse effects resulting
    31  from such suspension.
    32    3. Such suspensions or directives shall be effective from the time and
    33  in the manner prescribed in such orders and shall be published  as  soon
    34  as practicable in the state bulletin.
    35    4.  The  legislature  may terminate by concurrent resolution executive
    36  orders issued under this section at any time.
    37    § 3. The sum of forty million dollars ($40,000,000) is  hereby  appro-
    38  priated  for  transfer  by the governor to the general, special revenue,
    39  capital projects, proprietary or fiduciary funds of any agency,  depart-
    40  ment,  or authority for services and expenses related to the outbreak of
    41  coronavirus disease 2019 (COVID-19).   Such  funds  shall  be  used  for
    42  purposes  including, but not limited to, additional personnel, equipment
    43  and supplies, travel costs, and trainings. A portion of these funds  may
    44  be  made  available  as  state  aid  to  municipalities for services and
    45  expenses related to the outbreak of coronavirus disease 2019 (COVID-19).
    46  Such funds shall be available for payment of financial assistance  here-
    47  tofore  accrued  or  hereafter  to  accrue.  Any disbursements from this
    48  appropriation shall be distributed pursuant to a plan  approved  by  the
    49  director of the budget.
    50    §  4.  This act shall take effect immediately and sections one and two
    51  of this act shall expire and be deemed repealed April 30, 2021.