S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7919
 
                             I N  S E N A T E
 
                               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:
 
   Section 1. Paragraph a of subdivision 2 of section 20 of the executive
 law, as amended by section 1 of part B of chapter  56  of  the  laws  of
 2010, is amended to read follows:
   a. "disaster" means occurrence or imminent, IMPENDING OR URGENT threat
 of  wide  spread  or  severe damage, injury, or loss of life or property
 resulting from any natural or man-made causes, including, but not limit-
 ed to, fire, flood, earthquake, hurricane, tornado,  high  water,  land-
 slide,  mudslide, wind, storm, wave action, volcanic activity, epidemic,
 DISEASE OUTBREAK, air contamination,  terrorism,  cyber  event,  blight,
 drought,  infestation, explosion, radiological accident, nuclear, chemi-
 cal, biological, or bacteriological release, water contamination, bridge
 failure or bridge collapse.
   § 2. Section 29-a of the executive law, as added by chapter 640 of the
 laws of 1978, subdivision 1 as amended by section 7 of part G of chapter
 55 of the laws of 2012, is amended to read as follows:
   § 29-a. Suspension of other laws.  1. Subject to the  state  constitu-
 tion, the federal constitution and federal statutes and regulations, the
 governor may by executive order temporarily suspend [specific provisions
 of]  any statute, local law, ordinance, or orders, rules or regulations,
 or parts thereof, of any agency during a state  disaster  emergency,  if
 compliance  with  such provisions would prevent, hinder, or delay action
 necessary to cope with the disaster OR IF NECESSARY TO ASSIST OR AID  IN
 COPING  WITH SUCH DISASTER.  THE GOVERNOR, BY EXECUTIVE ORDER, MAY ISSUE
 ANY DIRECTIVE DURING A STATE DISASTER EMERGENCY DECLARED IN THE  FOLLOW-
 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
 
 LANDSLIDE,  MUDSLIDE,  WIND,  STORM,  WAVE  ACTION,  VOLCANIC  ACTIVITY,
 EPIDEMIC,  DISEASE  OUTBREAK, AIR CONTAMINATION, TERRORISM, CYBER EVENT,
 BLIGHT, DROUGHT, INFESTATION, EXPLOSION, RADIOLOGICAL ACCIDENT, NUCLEAR,
 CHEMICAL,  BIOLOGICAL,  OR BACTERIOLOGICAL RELEASE, WATER CONTAMINATION,
 BRIDGE FAILURE OR BRIDGE COLLAPSE. ANY SUCH DIRECTIVE MUST BE  NECESSARY
 TO  COPE  WITH  THE  DISASTER  AND MAY PROVIDE FOR PROCEDURES REASONABLY
 NECESSARY TO ENFORCE SUCH DIRECTIVE.
   2. Suspensions pursuant to subdivision one of this  section  shall  be
 subject  to the following standards and limits, WHICH SHALL APPLY TO ANY
 DIRECTIVE WHERE SPECIFICALLY INDICATED:
   a. no suspension OR DIRECTIVE shall be made for a period in excess  of
 thirty  days, provided, however, that upon reconsideration of all of the
 relevant facts and circumstances, the governor may extend the suspension
 for additional periods not to exceed thirty days each;
   b. no suspension OR DIRECTIVE shall be made which [does not  safeguard
 the] IS NOT IN THE INTEREST OF THE health [and] OR welfare of the public
 and which is not reasonably necessary to AID the disaster effort;
   c.  any  such  suspension  order shall specify the statute, local law,
 ordinance, order, rule or regulation or part thereof to be suspended and
 the terms and conditions of the suspension;
   d. the order may provide for such  suspension  only  under  particular
 circumstances, and may provide for the alteration or modification of the
 requirements of such statute, local law, ordinance, order, rule or regu-
 lation suspended, and may include other terms and conditions;
   e.  any such suspension order OR DIRECTIVE shall provide for the mini-
 mum deviation from the requirements of the  statute,  local  law,  ordi-
 nance,  order, rule or regulation suspended consistent with the GOALS OF
 THE disaster action deemed necessary; and
   f. when practicable, specialists shall be assigned to assist with  the
 related  emergency  actions  to avoid needless adverse effects resulting
 from such suspension.
   3. Such suspensions OR DIRECTIVES shall be effective from the time and
 in the manner prescribed in such orders and shall be published  as  soon
 as practicable in the state bulletin.
   4.  The  legislature  may terminate by concurrent resolution executive
 orders issued under this section at any time.
   § 3. The sum of forty million dollars ($40,000,000) is  hereby  appro-
 priated  for  transfer  by the governor to the general, special revenue,
 capital projects, proprietary or fiduciary funds of any agency,  depart-
 ment,  or authority for services and expenses related to the outbreak of
 coronavirus disease 2019 (COVID-19).   Such  funds  shall  be  used  for
 purposes  including, but not limited to, additional personnel, equipment
 and supplies, travel costs, and trainings. A portion of these funds  may
 be  made  available  as  state  aid  to  municipalities for services and
 expenses related to the outbreak of coronavirus disease 2019 (COVID-19).
 Such funds shall be available for payment of financial assistance  here-
 tofore  accrued  or  hereafter  to  accrue.  Any disbursements from this
 appropriation shall be distributed pursuant to a plan  approved  by  the
 director of the budget.
   §  4.  This act shall take effect immediately and sections one and two
 of this act shall expire and be deemed repealed April 30, 2021.