N.Y. Executive Law § 29-a: Suspension of other laws

§ 29-a. Suspension of other laws. 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, if compliance with such provisions would prevent,

hinder, or delay action necessary to cope with the disaster.

2. Suspensions pursuant to subdivision one of this section shall be

subject to the following standards and limits:

a. no suspension shall be made for a period in excess of thirty days,

provided, however, that upon reconsideration of all of the relevant

facts and circumstances, the governor may extend the suspension for

additional periods not to exceed thirty days each;

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;

c. any such suspension order shall specify the statute, local law,

ordinance, order, rule or regulation or part thereof to be suspended and

the terms and conditions of the suspension;

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, ordinance, order, rule or

regulation suspended, and may include other terms and conditions;

e. any such suspension order shall provide for the minimum deviation

from the requirements of the statute, local law, ordinance, order, rule

or regulation suspended consistent with the disaster action deemed

necessary; and

f. when practicable, specialists shall be assigned to assist with the

related emergency actions to avoid needless adverse effects resulting

from such suspension.

3. Such suspensions shall be effective from the time and in the manner

prescribed in such orders and shall be published as soon as practicable

in the state bulletin.

4. The legislature may terminate by concurrent resolution executive

orders issued under this section at any time.