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A09953 Text:

                STATE OF NEW YORK
                   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.

        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.
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