Senate Bill S4888

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4888
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 AN ACT to amend the executive law, in relation to revoking the extension
   of emergency powers granted to the governor related to the outbreak of
   coronavirus disease 2019

   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 chapter 23 of the laws of 2020, 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 prop-
 erty  resulting  from any natural or man-made causes, including, but not
 limited to, fire, flood, earthquake,  hurricane,  tornado,  high  water,
 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.
   §  2.  Section  29-a of the executive law, as amended by chapter 23 of
 the laws of 2020, 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 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  following  instances:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09680-01-1

 S. 4888                             2

 fire,  flood,  earthquake,  hurricane,  tornado,  high water, 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 [is not in the
 interest of] DOES NOT SAFEGUARD the  health  [or]  AND  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
 minimum 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.  This  act shall take effect immediately, provided however, that
 the amendments to paragraph a of subdivision 2  of  section  20  of  the
 executive  law  made  by  section  one of this act and the amendments to
 section 29-a of the executive law made by section two of this act  shall
 not  affect  the expiration of such paragraph and such section and shall
 be deemed to expire therewith.