S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5967
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2021
                                ___________
 
 Introduced  by  M.  of A. HEASTIE, ZEBROWSKI, PEOPLES-STOKES, WEINSTEIN,
   GOTTFRIED, NOLAN, GLICK, AUBRY, GALEF, CAHILL,  DINOWITZ,  CYMBROWITZ,
   CUSICK,  LAVINE,  BENEDETTO,  HEVESI,  L. ROSENTHAL,  STIRPE,  THIELE,
   BRAUNSTEIN, WEPRIN, BRONSON, QUART, ROZIC,  FAHY,  BARRETT,  PICHARDO,
   BICHOTTE HERMELYN,  SIMON, JOYNER, WOERNER, BARRON, JEAN-PIERRE, HYND-
   MAN, HUNTER, WALLACE, DICKENS, CARROLL, VANEL, TAYLOR, GRIFFIN,  FRON-
   TUS,  CRUZ,  JACOBSON,  KELLES,  ANDERSON, LUNSFORD, ZINERMAN, BURGOS,
   J. D. RIVERA, SILLITTI -- read once and referred to the  Committee  on
   Governmental Operations
 
 AN  ACT  to  amend  the executive law, in relation to the termination of
   certain executive powers; to amend chapter 23  of  the  laws  of  2020
   amending  the executive law relating to issuing by the governor of any
   directive necessary to respond  to  a  state  disaster  emergency,  in
   relation to the effectiveness thereof; 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. Legislative intent. Chapter 23 of  the  laws  of  2020  was
 adopted  during  uncertain  times,  during the beginning of the national
 awareness of the COVID-19 virus and its first  detection  in  New  York.
 Responding to the virus was declared a public health emergency by the US
 Centers for Disease Control and there was the threat of widespread tran-
 smission  in  the United States.   At the time it was not known that New
 York State would become one of the epicenters of the pandemic, how  long
 the pandemic would last, or the toll that it would take on the people of
 the  state. In the face of uncertain and unprecedented times, the legis-
 lature enacted chapter twenty-three in order to take action to combat an
 unknown and unprecedented problem, and in case the governor needed addi-
 tional powers to deal with the quickly evolving situation.     Much  has
 been learned about the COVID-19 virus in the last year.  The legislature
 finds  that  there has been progress in the fight against the virus with
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10245-06-1

 A. 5967                             2
 
 the approval and distribution of multiple  vaccines  in  recent  months.
 With increased knowledge including the means of transmission, prevention
 and  treatment  of the COVID-19 outbreak and additional time to reflect,
 the  legislature  finds  and  declares  that  the governor is adequately
 equipped with his previously existing  emergency  powers  and  with  the
 authorization  to continue existing directive extension and modification
 powers to deal with the situation.  The legislature  therefore  declares
 that  it  is  time  to  restore the pre-pandemic balance of power of the
 governor and legislature, and to  continue  to  move  forward  with  the
 response  and  recovery while maintaining the authority of public-health
 focused directives taken by the Governor, with  reasonable  limitations,
 during the possibly waning days of the pandemic.
   §  2.  1. As used in this section, "public health directive related to
 managing the COVID-19 pandemic", means a directive certified in the sole
 discretion of the commissioner of health to address  the  spread  and/or
 reduction  of  the  COVID-19  virus,  facilitate vaccine distribution or
 administration, or require the use of  face  coverings.    Such  certif-
 ication  shall include a detailed explanation of how such directive will
 address the spread and/or reduction of the  COVID-19  virus,  facilitate
 vaccine  distribution  or  administration,  or  require  the use of face
 coverings and shall also be contained within the notice required  to  be
 made  by the governor pursuant to paragraphs a and b of subdivision 2 of
 this section.
   2. Any directive previously issued pursuant to chapter 23 of the  laws
 of  2020  in  effect  at the time of the repeal of such chapter shall be
 permitted to continue for 30 days from the effective date of this  chap-
 ter  notwithstanding  the  repeal  of chapter 23 of the laws of 2020 and
 following the expiration of  such  30  day  period,  any  extensions  or
 modifications  of  such  directives  shall  be  subject to the following
 provisions:
   a. The governor may extend  or  modify  any  directive,  by  executive
 order,  that has been issued and remains in effect on the effective date
 of this act for additional 30 day increments in a manner provided for in
 this section, provided that the purpose of extending  or  modifying  the
 directive  is to issue a public health directive related to managing the
 COVID-19 pandemic.
   b. No later than 5 days prior to the extension or modification of such
 a directive, the governor shall notify including  via  electronic  means
 the relevant committee chairs in the assembly and senate and the speaker
 of  the  assembly  and  temporary  president of the senate of his or her
 intent to extend or modify any directive, and  shall  include  therewith
 the certification required by subdivision 1 of this section, to describe
 the  need for extension or modification of such directive and the threat
 to the public health or safety that requires the extension or  modifica-
 tion.  If  the  governor certifies that the extension or modification of
 such a directive is necessary to address any exigent circumstances  that
 address  an  imminent threat to public health or safety, he or she shall
 provide such certification required by the  commissioner  of  health  as
 provided  in  subdivision  1 of this section as soon as possible, but in
 any event, prior to the issuance of an extension or modification of such
 a directive.  The governor shall provide an opportunity  to  comment  on
 any  such directive by the relevant committee chairs, which comments may
 be received after the issuance of the directive and shall not affect the
 validity thereof.
   c. No later than 5 days prior to the extension or  modification  of  a
 directive  only explicitly affecting specific municipalities, the gover-

 A. 5967                             3

 nor shall notify including via electronic means the  relevant  executive
 leaders  of such municipalities and such municipal legislature of his or
 her intent to extend or modify any such  directive,  and  shall  include
 therewith the certification required by subdivision 1 of this section to
 describe  the  need  for extension or modification of such directive and
 the specific threat to the public health or  safety  that  requires  the
 extension or modification.  If the governor certifies that the extension
 or  modification of such a directive is necessary to address any exigent
 circumstances that address an imminent threat to the  public  health  or
 safety,  he  or  she  shall  provide  such certification required by the
 commissioner of health as provided in subdivision 1 of this section,  as
 soon as possible but in any event, prior to the issuance of an extension
 or  modification  of  such  a  directive.  The governor shall provide an
 opportunity to comment on any such directive by such  executive  leaders
 and  legislatures,  which comments may be received after the issuance of
 the directive and shall not affect the validity thereof.
   d. No directive shall be modified pursuant to this section unless such
 modification is solely for the purpose of altering the numeric amount or
 percentage of individuals, businesses, vaccination locations or  provid-
 ers  or  administrators,  or  other entities impacted by a directive, or
 placing  additional  restrictions  or  reducing  existing   restrictions
 related  to  testing,  quarantine,  social  distancing,  air  quality or
 filtration, or mask requirements, for any entity located in  the  state,
 including  but  not  limited to modification of individuals eligible for
 vaccination or modification of limits on the seating capacity of a busi-
 ness to operate during a state of emergency.
   e. No directive shall be extended or modified to the extent that  such
 directive  prohibits  the  adoption  by any municipality of this state a
 local executive order within such municipality's existing  power  except
 where  such  an  order  conflicts with any executive order issued by the
 state.
   f. No directive may be extended or modified more than once unless  the
 governor  has  responded,  including  electronically,  to  any  comments
 provided by the chairs of any relevant committee or  relevant  municipal
 entities pursuant to this section which have been received within 5 days
 of  the  time  required  for such notice pursuant to paragraph b of this
 subdivision, and which may be attested to in the notice by the  governor
 to  the  relevant  chairs  and the leaders as provided in paragraph b of
 this subdivision, which shall be deemed sufficient for purposes  of  the
 effectiveness of such directive.
   g. The legislature may terminate by  concurrent  resolution  executive
 orders issued under this section at any time.
   h.  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 and as provided in this section.
   § 3. (a) Within 15 days of the effective  date  of  this  section  all
 current  suspensions  and  directives  authorized  pursuant to executive
 orders 202 and 205 of 2020 and this act shall be posted on  the  website
 for  the  office  of  the  governor  in  a  searchable format, and shall
 include, but not be limited to:
   (i) the disaster emergency that such suspension and directives pertain
 to;
   (ii) the subject category or area affected;
   (iii) a summary of the provisions suspended or modified;
   (iv) the order's expiration date;
   (v) the entity responsible for enforcing such provisions; and

 A. 5967                             4
 
   (vi) in the case of a directive extended or modified pursuant  to  the
 provisions  of  this act, the need for extension or modification of such
 directive and the threat to the public health or  safety  that  requires
 the extension or modification.
   (b)  Such  website shall be updated upon the issuance of every suspen-
 sion or directive pursuant to this act.
   (c) Every thirty  days,  such  website  shall  also  be  updated  with
 responses  to  written  comments  or  information requests from relevant
 committee chairs or municipal government entities received  pursuant  to
 the provisions of this act.
   §  4.  Section 4 of chapter 23 of the laws of 2020 amending the execu-
 tive law relating to issuing by the governor of any directive  necessary
 to respond to a state disaster emergency, is amended to read as follows:
   §  4.  This  act  shall take effect immediately and [sections one and]
 SECTION two of this act shall expire and be deemed repealed  [April  30,
 2021]  IMMEDIATELY,  PROVIDED  HOWEVER, ANY DIRECTIVE ISSUED PURSUANT TO
 THIS CHAPTER IN EFFECT AT THE TIME OF SUCH REPEAL SHALL BE PERMITTED  TO
 CONTINUE  FOR  30  DAYS  FROM  THE  DATE  OF SUCH REPEAL, UNLESS FURTHER
 EXTENDED AS PROVIDED IN SECTION 2 OF THE CHAPTER OF  THE  LAWS  OF  2021
 AMENDING THE EXECUTIVE LAW RELATING TO THE TERMINATION OF CERTAIN EXECU-
 TIVE POWERS; TO AMEND CHAPTER 23 OF THE LAWS OF 2020 AMENDING THE EXECU-
 TIVE  LAW RELATING TO ISSUING BY THE GOVERNOR OF ANY DIRECTIVE NECESSARY
 TO RESPOND TO A STATE DISASTER EMERGENCY, IN RELATION TO THE  EFFECTIVE-
 NESS  THEREOF;  AND  PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON
 EXPIRATION THEREOF.  NOTHING CONTAINED  HEREIN  SHALL  BE  CONSTRUED  TO
 DIMINISH  OR  REPEAL  ANY  STATUTORY OR REGULATORY AUTHORITY TO EXERCISE
 EMERGENCY POWERS THAT EXISTED PRIOR TO THE ENACTMENT OF THIS ACT.
   § 5. Section 28 of the executive law is amended by adding a new subdi-
 vision 5 to read as follows:
   5. THE LEGISLATURE MAY TERMINATE AT ANY TIME A STATE DISASTER EMERGEN-
 CY ISSUED UNDER THIS SECTION BY CONCURRENT RESOLUTION.
   § 6. Severability. If any provision of this act,  or  the  application
 thereof  to  any person or circumstances, is held invalid or unconstitu-
 tional, that invalidity or unconstitutionality shall  not  affect  other
 provisions  or applications of this act that can be given effect without
 the invalid or unconstitutional provision or application,  and  to  this
 end the provisions of this act are severable.
   §  7.  This  act shall take effect immediately, provided that, section
 two of this act shall expire and be deemed repealed upon the termination
 of the state of emergency declared pursuant to executive  order  202  of
 2020.