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N.Y. Exec. Law § 29-a

Suspension of other laws

Redline — January 1, 2021 → current.View current text →
Current — January 1, 2022
As of January 1, 2021
* § 29-a. Suspension of other laws. 1. Subject to the state\nconstitution, the federal constitution and federal statutes and\nregulations, the governor may by executive order temporarily suspend any\nstatute, local law, ordinance, or orders, rules or regulations, or parts\nthereof, of any agency during a state disaster emergency, if compliance\nwith such provisions would prevent, hinder, or delay action necessary to\ncope with the disaster or if necessary to assist or aid in coping with\nsuch disaster. The governor, by executive order, may issue any directive\nduring a state disaster emergency declared in the following instances:\nfire, flood, earthquake, hurricane, tornado, high water, landslide,\nmudslide, wind, storm, wave action, volcanic activity, epidemic, disease\noutbreak, air contamination, terrorism, cyber event, blight, drought,\ninfestation, explosion, radiological accident, nuclear, chemical,\nbiological, or bacteriological release, water contamination, bridge\nfailure or bridge collapse. Any such directive must be necessary to cope\nwith the disaster and may provide for procedures reasonably necessary to\nenforce such directive.\n 2. Suspensions pursuant to subdivision one of this section shall be\nsubject to the following standards and limits, which shall apply to any\ndirective where specifically indicated:\n a. no suspension or directive shall be made for a period in excess of\nthirty days, provided, however, that upon reconsideration of all of the\nrelevant facts and circumstances, the governor may extend the suspension\nfor additional periods not to exceed thirty days each;\n b. no suspension or directive shall be made which is not in the\ninterest of the health or welfare of the public and which is not\nreasonably necessary to aid the disaster effort;\n c. any such suspension order shall specify the statute, local law,\nordinance, order, rule or regulation or part thereof to be suspended and\nthe terms and conditions of the suspension;\n d. the order may provide for such suspension only under particular\ncircumstances, and may provide for the alteration or modification of the\nrequirements of such statute, local law, ordinance, order, rule or\nregulation suspended, and may include other terms and conditions;\n e. any such suspension order or directive shall provide for the\nminimum deviation from the requirements of the statute, local law,\nordinance, order, rule or regulation suspended consistent with the goals\nof the disaster action deemed necessary; and\n f. when practicable, specialists shall be assigned to assist with the\nrelated emergency actions to avoid needless adverse effects resulting\nfrom such suspension.\n 3. Such suspensions or directives shall be effective from the time and\nin the manner prescribed in such orders and shall be published as soon\nas practicable in the state bulletin.\n 4. The legislature may terminate by concurrent resolution executive\norders issued under this section at any time.\n * NB Effective until April 30, 2021\n * § 29-a. Suspension of other laws. 1. Subject to the state\nconstitution, the federal constitution and federal statutes and\nregulations, the governor may by executive order temporarily suspend\nspecific provisions of any statute, local law, ordinance, or orders,\nrules or regulations, or parts thereof, of any agency during a state\ndisaster emergency, if compliance with such provisions would prevent,\nhinder, or delay action necessary to cope with the disaster.\n 2. Suspensions pursuant to subdivision one of this section shall be\nsubject to the following standards and limits:\n a. no suspension shall be made for a period in excess of thirty days,\nprovided, however, that upon reconsideration of all of the relevant\nfacts and circumstances, the governor may extend the suspension for\nadditional periods not to exceed thirty days each;\n b. no suspension shall be made which does not safeguard the health and\nwelfare of the public and which is not reasonably necessary to the\ndisaster effort;\n c. any such suspension order shall specify the statute, local law,\nordinance, order, rule or regulation or part thereof to be suspended and\nthe terms and conditions of the suspension;\n d. the order may provide for such suspension only under particular\ncircumstances, and may provide for the alteration or modification of the\nrequirements of such statute, local law, ordinance, order, rule or\nregulation suspended, and may include other terms and conditions;\n e. any such suspension order shall provide for the minimum deviation\nfrom the requirements of the statute, local law, ordinance, order, rule\nor regulation suspended consistent with the disaster action deemed\nnecessary; and\n f. when practicable, specialists shall be assigned to assist with the\nrelated emergency actions to avoid needless adverse effects resulting\nfrom such suspension.\n 3. Such suspensions shall be effective from the time and in the manner\nprescribed in such orders and shall be published as soon as practicable\nin the state bulletin.\n 4. The legislature may terminate by concurrent resolution executive\norders issued under this section at any time.\n * NB Effective April 30, 2021\n
§ 29-a. Suspension of other laws. 1. Subject to the state\nconstitution, the federal constitution and federal statutes and\nregulations, the governor may by executive order temporarily suspend\nspecific provisions of any statute, local law, ordinance, or orders,\nrules or regulations, or parts thereof, of any agency during a state\ndisaster emergency, if compliance with such provisions would prevent,\nhinder, or delay action necessary to cope with the disaster.\n 2. Suspensions pursuant to subdivision one of this section shall be\nsubject to the following standards and limits:\n a. no suspension shall be made for a period in excess of thirty days,\nprovided, however, that upon reconsideration of all of the relevant\nfacts and circumstances, the governor may extend the suspension for\nadditional periods not to exceed thirty days each;\n b. no suspension shall be made which does not safeguard the health and\nwelfare of the public and which is not reasonably necessary to the\ndisaster effort;\n c. any such suspension order shall specify the statute, local law,\nordinance, order, rule or regulation or part thereof to be suspended and\nthe terms and conditions of the suspension;\n d. the order may provide for such suspension only under particular\ncircumstances, and may provide for the alteration or modification of the\nrequirements of such statute, local law, ordinance, order, rule or\nregulation suspended, and may include other terms and conditions;\n e. any such suspension order shall provide for the minimum deviation\nfrom the requirements of the statute, local law, ordinance, order, rule\nor regulation suspended consistent with the disaster action deemed\nnecessary; and\n f. when practicable, specialists shall be assigned to assist with the\nrelated emergency actions to avoid needless adverse effects resulting\nfrom such suspension.\n 3. Such suspensions shall be effective from the time and in the manner\nprescribed in such orders and shall be published as soon as practicable\nin the state bulletin.\n 4. The legislature may terminate by concurrent resolution executive\norders issued under this section at any time.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.