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 period  not to exceed thirty days or until rescinded by the chief execu-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.