S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4033
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to eliminating the powers
   of the governor to issue any directive necessary to respond to a state
   disaster
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 disas-
 ter. [The governor, by executive order, may issue any directive during a
 state disaster emergency declared in the  following  instances:    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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02255-01-1

 A. 4033                             2
 
 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 the health or welfare of the public and which is not reason-
 ably 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.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to section 29-a of the executive law made by section  one
 of this act shall not affect the expiration of such section and shall be
 deemed to expire therewith.