NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9953
SPONSOR: Ortiz TITLE OF BILL:
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 emergency;
making an appropriation therefor; and providing for the repeal of
certain provisions upon expiration thereof
PURPOSE:
This legislation is necessary to ensure the state is protected from a
substantial threat to the public health.
SUMMARY OF PROVISIONS:
Section one amends the executive law to clarify that a disaster declara-
tion can be issued for an urgent or impending threat of wide spread
injury or loss of life resulting from disease outbreak.
Section two amends section 29-a of the Executive Law to allow the Gover-
nor to issue directives when a state disaster emergency is declared to
allow for appropriate response to such disaster.
Section three provides for a forty million dollar appropriation for
personnel, equipment, and supplies for response to this particular
public health threat.
Section four provides for an immediate effective date with a sunset of
April 30, 2021, for sections one and two of this act.
JUSTIFICATION:
The bill provides for a $40 million emergency appropriation and emergen-
cy measures necessary to allow for protection of the health and safety
of New Yorkers due to the threat of the novel coronavirus.
Recently, the novel coronavirus, which has never before been found in
humans, was detected in China. Cases have been detected in sixty other
nations, including the United States, and thousands have died. The
federal government has taken unprecedented action and has suspended
entry of foreign nationals who have been in both China and Iran.
The situation has been declared a public health emergency by the US
Centers for Disease Control. There is a threat of widespread trans-
mission of the novel coronavirus in the United States. Several states
have declared the crisis a public health emergency, including Florida
and Washington.
This legislation is necessary to allow New York to manage, prepare,
respond to, and contain such threat, and to respond with appropriate
action to protect public health and welfare. New York received its first
positive case on March 1, and more are expected. These changes ensure
the Governor has necessary legal authority to confront these emergen-
cies.
FISCAL IMPLICATIONS:
The legislation includes a $40 million appropriation.
EFFECTIVE DATE:
Immediately, and sections one and two shall expire April 30, 2021.
STATE OF NEW YORK
________________________________________________________________________
9953
IN ASSEMBLY
March 2, 2020
___________
Introduced by M. of A. ORTIZ -- (at request of the Governor) -- read
once and referred to the Committee on Ways and Means
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,
26 landslide, mudslide, wind, storm, wave action, volcanic activity,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12048-08-0
A. 9953 2
1 epidemic, disease outbreak, air contamination, terrorism, cyber event,
2 blight, drought, infestation, explosion, radiological accident, nuclear,
3 chemical, biological, or bacteriological release, water contamination,
4 bridge failure or bridge collapse. Any such directive must be necessary
5 to cope with the disaster and may provide for procedures reasonably
6 necessary to enforce such directive.
7 2. Suspensions pursuant to subdivision one of this section shall be
8 subject to the following standards and limits, which shall apply to any
9 directive where specifically indicated:
10 a. no suspension or directive shall be made for a period in excess of
11 thirty days, provided, however, that upon reconsideration of all of the
12 relevant facts and circumstances, the governor may extend the suspension
13 for additional periods not to exceed thirty days each;
14 b. no suspension or directive shall be made which [does not safeguard
15 the] is not in the interest of the health [and] or welfare of the public
16 and which is not reasonably necessary to aid the disaster effort;
17 c. any such suspension order shall specify the statute, local law,
18 ordinance, order, rule or regulation or part thereof to be suspended and
19 the terms and conditions of the suspension;
20 d. the order may provide for such suspension only under particular
21 circumstances, and may provide for the alteration or modification of the
22 requirements of such statute, local law, ordinance, order, rule or regu-
23 lation suspended, and may include other terms and conditions;
24 e. any such suspension order or directive shall provide for the mini-
25 mum deviation from the requirements of the statute, local law, ordi-
26 nance, order, rule or regulation suspended consistent with the goals of
27 the disaster action deemed necessary; and
28 f. when practicable, specialists shall be assigned to assist with the
29 related emergency actions to avoid needless adverse effects resulting
30 from such suspension.
31 3. Such suspensions or directives shall be effective from the time and
32 in the manner prescribed in such orders and shall be published as soon
33 as practicable in the state bulletin.
34 4. The legislature may terminate by concurrent resolution executive
35 orders issued under this section at any time.
36 § 3. The sum of forty million dollars ($40,000,000) is hereby appro-
37 priated for transfer by the governor to the general, special revenue,
38 capital projects, proprietary or fiduciary funds of any agency, depart-
39 ment, or authority for services and expenses related to the outbreak of
40 coronavirus disease 2019 (COVID-19). Such funds shall be used for
41 purposes including, but not limited to, additional personnel, equipment
42 and supplies, travel costs, and trainings. A portion of these funds may
43 be made available as state aid to municipalities for services and
44 expenses related to the outbreak of coronavirus disease 2019 (COVID-19).
45 Such funds shall be available for payment of financial assistance here-
46 tofore accrued or hereafter to accrue. Any disbursements from this
47 appropriation shall be distributed pursuant to a plan approved by the
48 director of the budget.
49 § 4. This act shall take effect immediately and sections one and two
50 of this act shall expire and be deemed repealed April 30, 2021.
