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

§ 1.96 NEW YORK STATE PUBLIC HEALTH LEGAL MANUAL
porary emergency work essential for the protection of public health and
safety.”]; 29-b(1) [“The governor may, in his or her discretion, direct the
state disaster preparedness commission to conduct an emergency exercise
or drill under its direction, in which all or any of the personnel and
resources of the agencies of the commission of the state may be utilized to
perform the duties assigned to them in a disaster for the purpose of protecting
and preserving human life or property in a disaster.”].
[1.96] (iii) Suspension of Laws
Executive Law §§ 29-a(1) [“Subject to the state constitution, the federal
constitution and federal statutes and regulations . . . the governor may
by executive order temporarily suspend specific provisions of any statute,
local law, ordinance, or orders, rules or regulations, or parts thereof, of
any agency during a state disaster emergency.”]; 29-a(2)(a) [suspension
for no more than 30 days; extensions for periods not to exceed 30 days];
29-a(2)(b) [“no suspension shall be made which does not safeguard the
health and welfare of the public and which is not reasonably necessary to
the disaster effort”]; 29-a(2)(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, order,
rule or regulation suspended, and may include other terms and conditions”];
29-a(2)(e) [suspension shall provide for “the minimum deviation”
from the requirements of the law or order “consistent with the disaster
action deemed necessary”]; 29-a(3) [suspensions “shall be published as
soon as practicable in the state bulletin”]; 29-a(4) [the Legislature by concurrent
resolution may terminate the suspension of laws].
[1.97] 2. Additional Statutory Authority for New York City
New York City Charter § 560 [In the event of a “great and imminent
peril to the public health,” the City Board of Health may issue a “declaration
of imminent peril” and “take such measures, and order the [City
Department of Health] to do such acts beyond those duly provided for the
preservation of the public health”]; Health Code [24 RCNY] § 3.01(d)
[“Where urgent public health action is necessary to protect the public
health against an imminent or existing threat, the [New York City Commissioner
of Health] may declare a public health emergency . . . and . . .
may establish procedures to be followed, issue necessary orders and take
50