No. 202.74: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

 

No. 202.74

E X E C U T I V E  O R D E R

Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and

WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;

NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, or to provide any directive necessary to respond to the disaster, do hereby suspend or modify, and direct, the following from the date of this Executive Order through December 12, 2020:

• Executive Order 202.3, as extended, and Sections 105 and 106 of the Alcoholic Beverage Control Law, to the extent necessary to require that:
  • All businesses that are licensed by the State Liquor Authority under sections 63 and 79 of the Alcoholic Beverage Control Law (“liquor stores” and “wine stores”) shall cease all off premises sales and close at or before 10:00PM, and shall not reopen before existing county opening hours permit.
  • All businesses that are licensed by the State Liquor Authority for on premises service of alcoholic beverages, shall cease all on premises service and consumption of food and beverages (including alcoholic beverages), inside or outside, at or before 10:00PM and shall not reopen before the later of any stipulated opening hours or existing county opening hours permit; further, to-go and delivery service of food, and non-alcoholic beverages only, may continue at such business licensed for on premises service until the earlier of any stipulated closing hours or existing county closing hours permit. 
  • This provision shall be subject to reasonable limitations and procedures set by the Chairman of the State Liquor Authority and/or any relevant Department of Health guidance.  

• All restaurants, irrespective of whether such restaurant is licensed by the State Liquor Authority, shall cease in-person dining at 10:00PM, but may continue curbside takeout and delivery service after 10:00PM so long as otherwise permitted, and may reopen no earlier than 5:00AM.

• Any gym or fitness center shall cease operation and close to the public at 10:00PM, and cannot reopen until 5:00AM.

• The directive contained in Executive Order 202.45, as extended, which amended the directives in Executive Order 202.42, 202.38, and 202.10, that limited all non-essential gatherings to allow gatherings of 50 of fewer individuals for any lawful purpose or reason, is hereby modified only insofar as to further limit non-essential private residential gatherings to 10 or fewer individuals for any lawful purpose or reason, provided that social distancing, face covering, and cleaning and disinfection protocols required by the Department of Health are adhered to.

• All suspensions, modifications, and directives issues pursuant to this Executive Order are effective at 10:00PM on Friday, November 13, 2020.

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this twelfth day of November in the year two thousand twenty. 

BY THE GOVERNOR         

Secretary to the Governor

MAYOR BILL de BLASIO EMERGENCY EXECUTIVE ORDER # 161

EMERGENCY EXECUTIVE ORDER NO. 161 

November 13, 2020 

EMERGENCY EXECUTIVE ORDER

WHEREAS, on March 7, 2020, New York State Governor Andrew Cuomo declared a State disaster emergency for the entire State of New York to address the threat that COVID-19 poses to the health and welfare of New York residents and visitors; and 

WHEREAS, Emergency Executive Order No. 98, issued March 12, 2020 and extended most recently by Emergency Executive Order No. 159, issued November 3, 2020, contains a declaration of a state of emergency in the City of New York due to the threat posed by COVID-19 to the health and welfare of City residents, and such declaration remains in effect; and 

WHEREAS, this Order is given because of the propensity of the virus to spread person-toperson and also because the actions taken to prevent such spread have led to property loss and damage; and 

WHEREAS, measures taken to combat the spread of COVID-19 may prevent individuals, businesses and other entities from meeting legally imposed deadlines for the filing of certain documents or for the completion of other required actions; and 

WHEREAS, this Order is given in order to ensure that the Governor's orders are enforced; 

NOW, THEREFORE, pursuant to the powers vested in me by the laws of the State of New York and the City of New York, including but not limited to the New York Executive Law, the New York City Charter and the Administrative Code of the City of New York, and the common law authority to protect the public in the event of an emergency:

Section 1. I hereby direct that section 1 of Emergency Executive Order No. 160, dated November 8, 2020 is extended for five (5) days. 

§ 2. This Order incorporates any and all relevant provisions of Governor Executive Order No. 202 and subsequent orders issued by the Governor of New York State to address the State of Emergency declared in that Order pursuant to his powers under section 29-a of the Executive Law.

§ 3. I hereby direct the Fire Department of the City of New York, the New York City Police Department, the Department of Buildings, the Sheriff, and other agencies as needed to immediately enforce the directives set forth in this Order in accordance with their lawful enforcement authorities, including but not limited to Administrative Code sections 15-227(a), 28- 105.10.1, and 28-201.1, and section 107.6 of the New York City Fire Code. Violations of the directives set forth in this Order may be issued as if they were violations under the New York City Health Code, title 24 Rules of the City of New York sections 3.07 and 3.11, and may be enforced as such by the Department of Health and Mental Hygiene or any other agency named in this section. 

§ 4. This Emergency Executive Order shall take effect immediately, and shall remain in effect for five (5) days unless it is terminated or modified at an earlier date. 

Bill de Blasio, 

MAYOR 

Attorney General James Ready to Sue Trump Administration if New York Doesn’t Receive COVID-19 Vaccine with Rest of U.S.

 

New York Attorney General Letitia James today released the following statement after President Donald Trump announced that a coronavirus disease 2019 (COVID-19) vaccine in development will not be sent to New York once complete:

“This is nothing more than vindictive behavior by a lame-duck president trying to extract vengeance on those who oppose his politics. Once there is a fully-developed COVID-19 vaccine, we are confident that a Biden-Harris Administration will provide New York with the proper number of doses so that our state’s residents can achieve immunity. If dissemination of the vaccine takes place in the twilight of a Trump Administration and the president wants to play games with people’s lives, we will sue and we will win.”

Governor Cuomo Announces New Record Number of COVID-19 Tests Reported to New York State in Single Day - NOVEMBER 13, 2020

 

203,721 Test Results Reported to New York State Yesterday

Governors of Northeastern States to Hold Emergency Summit This Weekend

Based on Progress Controlling COVID Spread, Orange Zone in Rockland County Will Transition to Yellow Zone

Positive Testing Rate in All Focus Zone Areas is 4.58 Percent; New York State Positivity Outside All Focus Zone Areas is 2.29 Percent

Statewide Positivity Rate is 2.65 Percent

24 COVID-19 Deaths in New York State Yesterday

 

Governor Andrew M. Cuomo today announced that 203,721 COVID-19 test results were reported to New York State yesterday — a new record high for the State. The Governor also announced Rockland County's orange warning zone will transition to a yellow precautionary zone.

The Governor also announced that an emergency summit will be held this weekend with the governors of Northeastern states to discuss aligning policy in light of rising COVID-19 cases in the region and throughout the country.

"We are testing more than just about any other state in the nation, reaching new record highs in the number of tests we perform in a single day. Rockland County made good progress, so they're going to a yellow zone, and that is good news. The other good news is our infection rate is one of the lowest in the nation. The bad news is we are in the midst of a sea of COVID rising around us," Governor Cuomo said. "You look at the international numbers, and they are frightening - countries are locking down. You look at states around the country and the numbers are all going up quickly. The reality is the virus is mobile and we're in the holiday season and people will travel more. These are all elements that conspire to increase the spread. We believe we're going to have to be taking additional steps, and to the degree we can share information and align action with other regional states, we'll do that."

Modifications to Current Focus Zones

Rockland County - Orange Warning Zone Changes to Yellow Zone

Rockland County's Orange Warning focus zone has been under 3 percent positivity, and hospital admission rates have declined, meeting the metrics for transitioning to a Yellow Precautionary Zone. The buffer zone will be removed.

The Governor noted that the positive testing rate in all focus areas under the state's Micro-Cluster strategy is 4.58 percent, and outside the focus zone areas is 2.29 percent. Within the focus areas, 31,994 test results were reported yesterday, yielding 1,466 positives. In the remainder of the state, not counting these focus areas, 171,727 test results were reported, yielding 3,935 positives. 

Today's data is summarized briefly below:

• Patient Hospitalization - 1,737 (+60)
• Patients Newly Admitted - 290
• Hospital Counties - 51
• Number ICU - 331 (+23)
• Number ICU with Intubation - 137 (+1)
• Total Discharges - 81,390 (+192)
• Deaths - 24
• Total Deaths - 26,079

NYS Office of the Comptroller DiNapoli: Statewide Local Sales Tax Collections Decline 5.2 Percent in October

 

Local government sales tax revenue declined by 5.2 percent in October compared to the same month last year, according to State Comptroller Thomas P. DiNapoli. October’s sales tax collections totaled $1.4 billion for counties and cities, or $74.4 million less than in October 2019.

This drop was less severe than previous declines since the start of the COVID-19 pandemic, particularly in the spring when collections fell by double-digits. Still, declines in local sales tax collections continue to mount, and overall local government collections in 2020 (January-October) are down nearly $1.6 billion (10.4 percent) compared to the same period in 2019.

“Statewide local sales tax collections have declined year-over-year for eight straight months,” DiNapoli said. “Our local governments are on the forefront of the pandemic response and they need financial aid from the federal government to help them get through this crisis.”

New York City had a 5.3 percent, or $34.5 million, decline in sales tax revenue in October, and all but eight counties in the state saw drops in collections as well, ranging from 0.8 percent in Jefferson and Rockland counties to nearly 19 percent in Oswego and Monroe counties. On a regional basis, sales tax collections were down across the board, ranging from a decline of 2 percent in the North Country to a drop of 13.5 percent in the Finger Lakes.

DiNapoli reported last month that local sales tax collections dropped 9.5 percent in the July-September quarter, down $452 million from collections in the same quarter of 2019.

Table

Monthly Local Sales Tax Collections by Region (for detailed monthly breakdown)

Council District 13 COVID-19 ANTIBODY TESTING

 

Governor Cuomo Announces $10 Million New York Climate Progress Program to Support Technologies That Lower Carbon Emissions

 

Economic Recovery Initiative Supports Startups Advancing Climate Technology Including Clean and Energy-Efficient Solutions

Supports Governor Cuomo's Nation-Leading Climate and Clean Energy Goals Under the Climate Leadership and Community Protection Act

 Governor Andrew M. Cuomo today announced the $10 million New York Climate Progress Program to bolster the state's clean energy economy. The Program will provide capital investments to support startups that create low-carbon goods and services, allowing them to continue to scale decarbonization products in market. This announcement supports Governor Cuomo's nation-leading climate and clean energy agenda, including the mandate for an 85 percent reduction in greenhouse gas emissions by 2050, as outlined in the Climate Leadership and Community Protection Act.

"A greener future is a brighter one, and New York is leading the way forward on protecting our environment while creating new jobs and bolstering our economy," Governor Cuomo said. "The New York Climate Progress Program will help us support innovative startups that are generating new economic activity with clean, low-carbon products and services. The technologies created by these companies can help us fight climate change and support New Yorkers' livelihoods as we work to make communities across the state more resilient."

The $10 million Climate Progress program is open to early-stage startup firms focusing on climate technology that have raised less than $25 million in private capital, have less than $10 million in annual revenue, and have fewer than 50 employees--with at least one employee in New York State. Applicants must have a product in market that aligns with the goals of the Climate Leadership and Community Protection Act and must demonstrate one of the following:

• New York State-based supply chain partners, vendors, investors or service providers in the state; 
• New York State-based research, development, manufacturing or sales operations; or 
• A current or future market of customers within New York State.

Doreen M. Harris, Acting President and CEO, NYSERDA, said, "This funding will be a catalyst for some of the most talented innovators seeking to bring climate and clean energy products to New York State that will help to realize Governor Cuomo's vision for economy-wide carbon neutrality. It will enable these innovative companies to reach commercial milestones that are necessary to successfully advance low carbon products, raise more capital, and scale solutions for all New Yorkers to utilize as we shrink our collective carbon footprint and increase resiliency across the state." 

Applications are due January 6, 2021 and up to $500,000 in funding is available per project. NY Green Bank will work in collaboration with NYSERDA's Technology to Market team to service the funds issued under this program. Applications can be submitted here. 

Climate technology companies scale innovation to support decarbonization by applying hardware, software, technology-enabled services, data analytics, and/or novel processes to broadly reduce energy consumption, increase resource efficiency, and/or reduce greenhouse gas emissions. Funding the next generation of climate technology companies through this program will stimulate local economies, create jobs and advance clean energy products as part of New York's growing green economy.