NYS Public Health Legal Manual: A Guide for Judges, Attorneys ...

NEW YORK STATE PUBLIC HEALTH LEGAL MANUAL § 1.93
state assistance and the state assistance is necessary to supplement
local efforts to save lives and to protect property, public health
and safety, or to avert or lessen the threat of a disaster (Exec. Law
§ 24(7)) or whenever the Governor has declared a state disaster
emergency pursuant to Exec. Law § 28(1)].”].
The powers afforded under Executive Law § 24 are in addition to all
those the locality or its chief executive would otherwise have. Exec. Law
§ 24(4) [“Nothing in this section shall be deemed to limit the power of
any local government to confer upon its chief executive any additional
duties or responsibilities deemed appropriate.”]. Violation of an order
issued under Executive Law § 24 is a misdemeanor. Exec. Law § 24(5).
[1.93] b. Role of the State
[1.94] (i) State Disaster Preparedness Plans
Executive Law §§ 21(1) [establishment of state disaster preparedness
commission]; 21(3)(c) [power of commission to prepare state disaster
preparedness plans]; 22(3) [contents of state disaster preparedness plans
—which include the same subject areas of disaster prevention, response
and recovery that are included in section 23 of the Executive Law governing
local disaster emergency plans (see A(1)(a)(i), above)]. All powers of
the State Civil Defense Commission (see 3, below—State Defense Emergency
Act) are assigned to the State Disaster Preparedness Commission.
Exec. Law § 21(4).
[1.95] (ii) State Declaration of Disaster Emergency
Executive Law §§ 28 [(1) “Whenever the governor . . . finds that a
disaster has occurred or may be imminent for which local governments
are unable to respond adequately, he shall declare a disaster emergency by
executive order”; (3) the order shall remain in effect for no more than six
months, with additional orders not exceeding six months]; 29 [“Upon the
declaration of a state disaster emergency,” the Governor may direct state
agencies “to provide assistance under the coordination of the disaster preparedness
commission”—which includes equipment, supplies, medicines,
food and personnel, as well as “performing on public or private lands tem-
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