S T A T E O F N E W Y O R K
________________________________________________________________________
2010
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
Introduced by M. of A. HAWLEY -- read once and referred to the Committee
on Local Governments
AN ACT to amend the executive law and the public health law, in relation
to making the extension of certain local emergency orders subject to
the approval of the local governing body
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 1 of section 24 of the
executive law, as amended by section 5 of part G of chapter 55 of the
laws of 2012, is amended to read as follows:
Notwithstanding any inconsistent provision of law, general or special,
in the event of a disaster, rioting, catastrophe, or similar public
emergency within the territorial limits of any county, city, town or
village, or in the event of reasonable apprehension of immediate danger
thereof, and upon a finding by the chief executive thereof that the
public safety is imperiled thereby, such chief executive may proclaim a
local state of emergency within any part or all of the territorial
limits of such local government; provided, however, that in the event of
a radiological accident as defined in section twenty-nine-c of this
article, such chief executive may request of the governor a declaration
of disaster emergency. Such proclamation shall remain in effect for a
period not to exceed thirty days or until rescinded by the chief execu-
tive, whichever occurs first. The chief executive may issue additional
proclamations to extend the state of emergency for additional periods
not to exceed thirty days, PROVIDED THAT EACH SUCH PROCLAMATION TO
EXTEND THE STATE OF EMERGENCY SHALL BE SUBJECT TO THE APPROVAL OF THE
BOARD OF SUPERVISORS OR ELECTED COUNTY LEGISLATIVE BODY OF THE COUNTY,
OR THE LOCAL GOVERNING BODY OF THE CITY, TOWN OR VILLAGE TO WHICH SUCH
PROCLAMATION APPLIES. Following such proclamation and during the
continuance of such local state of emergency, the chief executive may
promulgate local emergency orders to protect life and property or to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00573-01-3
A. 2010 2
bring the emergency situation under control. As illustration, such
orders may, within any part or all of the territorial limits of such
local government, provide for:
§ 2. The opening paragraph of section 308 of the public health law is
amended and a new subdivision 2 is added to read as follows:
1. Subject to the provisions of this chapter and of the sanitary code,
every local board of health shall:
2. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, ANY AND ALL ORDERS
ISSUED BY A LOCAL BOARD OF HEALTH PURSUANT TO THIS CHAPTER SHALL BE
EFFECTIVE FOR A PERIOD OF FIVE DAYS. SUCH LOCAL BOARD OF HEALTH MAY
EXTEND SUCH ORDERS FOR ADDITIONAL PERIODS NOT TO EXCEED FIVE DAYS EACH,
PROVIDED THAT EACH SUCH EXTENSION SHALL BE SUBJECT TO THE APPROVAL OF
THE BOARD OF SUPERVISORS OR ELECTED COUNTY LEGISLATIVE BODY OF THE COUN-
TY, OR THE LOCAL GOVERNING BODY OF THE CITY, TOWN OR VILLAGE OVER WHICH
SUCH LOCAL BOARD OF HEALTH HAS JURISDICTION.
§ 3. This act shall take effect immediately.