No. 202.58: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

 

No. 202.58

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; and

WHEREAS, the expectation is that community contact transmission could increase this fall; and

WHEREAS, the need to ensure the safety and security of the electoral process is paramount, and voters must have confidence that they can cast their ballot and have it be counted in a manner of their choosing based on the relevant state laws; and

WHEREAS, these suspensions and modifications are intended to ensure that all voters have the opportunity to vote statewide;

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, do hereby suspend or modify the following through September 23, 2020:

· Sections 15-120 and 15-122 of the Election Law, Sections 2018-a and 2018-b of the Education Law, and Section 84-a of the Town Law, as well as any provision of law related to a special district election taking place prior to November 3, 2020, and not administered by the County Board of Elections to the extent necessary to include the potential for contraction of the COVID-19 virus as an illness for purposes of request or receipt of an absentee ballot;

· Section 8-400 and any provision of Article 9 of the Election Law, in order to provide that every voter that is in active and inactive status and is eligible to vote in any election on or before November 3, 2020, may be able to request an absentee ballot via phone or internet or electronically; and if such voter requests an absentee ballot, such voter shall be sent an absentee ballot, provided however each voter shall not be sent more than one ballot pursuant to a phone request, and shall not be required to complete an application either prior to or simultaneously to receiving the ballot. Further, the board of elections receiving the telephone request shall maintain a record of such telephone request for an absentee ballot, and may complete the absentee ballot application as such record on behalf of the voter requesting the absentee ballot, provided that no ballot shall be deemed invalid for lack of a complete absentee ballot application for any reason;

· Section 9-209(3) of the Election Law related to curing deficiencies in absentee ballots is modified to the extent necessary to require that a board of elections shall provide a five day cure period for any eligible deficiency instead of seven if such absentee ballot is received after November 3, 2020; and further modified to require that a board of election shall first notify any voter of any eligible deficiency within 24 hours of identifying the deficiency by phone or email, if available and shall only mail such notification to the voter if notice to the voter by phone or email is not possible; and

· Article 16 of the Election Law is modified to the extent necessary to provide that no cause of action shall be maintained against a board of elections if, for the general election taking place on November 3, 2020, notice is not able to be made within the time period set forth in section 9-209(3) after a good faith effort, and through no fault of the board of elections.

· Sections 103 and 104-b of the General Municipal Law, to the extent necessary to allow a board of elections to procure and provide absentee ballot applications, absentee ballots, envelopes, mail notification cards pursuant to this executive order, or any other means of transmitting an absentee ballot application or absentee ballot to voters in accordance with the timeframes set forth in Executive Order 202 or any subsequent Executive Order;

IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I do hereby issue the following directives through September 23, 2020:

· All county Boards of Elections and the City of New York Board of Elections shall send an informational mailing to every registered voter by September 8, 2020, containing the following information:

o The dates, hours, and locations for early voting in such voter’s county, including the early voting location for which the voter is assigned, if applicable.

o Information regarding how to apply for an absentee ballot, including the opportunity to apply online or by phone, and including the deadline for requesting an absentee ballot.

o Information regarding the date and hours for the November 3, 2020 general election, and the voter’s election day polling place location.

o Information regarding how the voter can look up their registration status.

o An explicit reminder or communication of the opportunities to vote prior to Election Day, including application for an absentee ballot and early voting options.

o Expected mail times, if a voter chooses to request an absentee ballot.

· All county Boards of Elections and the City of New York Board of Elections must submit staffing plans and any staffing needs for early voting and election day poll site operations, as well as post-election canvass of results, to the state Board of Elections no later than September 20, 2020, to provide adequate time for the state Board of Elections to assist as feasible.

· All county Boards of Elections and the City of New York Board of Elections shall take all steps possible to count ballots as soon as possible, including reviewing absentee or military ballot envelopes prior to Election Day to ensure efficient and timely canvassing of ballots, including establishing objections by the Board to ballot envelopes prior to Election Day, any reporting of affidavit ballots by counties to the state board to compare against absentee ballots must be completed 48 hours after the election.

· The State Board of Elections must develop a uniform envelope for absentee ballots for use by local Boards of Elections by September 8, 2020. Such envelope shall establish where a voter must sign to be valid. All local county Boards of Elections and the City of New York Board of Elections must use such uniform envelope for absentee ballots developed by the State Board of Elections.

G I V E N under my hand and the Privy Seal of the State in the City of Albany this twenty-fourth of August in the year two thousand twenty.

BY THE GOVERNOR

Secretary to the Governor

Governor Cuomo Announces Lower-Risk School Sports in All Regions May Begin September 21

 

No Travel Practice or Play Will Be Permitted Outside School's Region or Contiguous Regions or Counties Until October 19

Higher-Risk Sports May Practice but Are Not Permitted to Play at this time

  Governor Andrew M. Cuomo today announced lower-risk, school-sponsored sports in all regions may begin to practice and play beginning September 21st. However, travel for practice or play will be prohibited outside of the school's region or contiguous regions or counties until October 19th. For the fall sports season, lower- and moderate-risk sports include tennis, soccer, cross country, field hockey and swimming.

Higher-risk sports, including those with full physical contact, may begin to practice on September 21st but cannot play until a later date or December 31st. In accordance with the Department of Health's guidance for sports and recreation during the COVID-19 public health emergency, practices for higher-risk sports are limited to individual or group, no- to low-contact training. Higher-risk sports include football, wrestling, rugby, hockey and volleyball.

"The State has done a lot of research on how we can safely have our students participate in school sports and get the exercise they need, and the guidance we developed will allow lower-risk sports to begin practicing and playing next month," Governor Cuomo said. "We are approaching youth sports as we have approached everything else in our phased reopening - teams are not allowed to compete outside a school's region or contiguous region for the time being until we can gauge the effects."

Schools must follow the Department's guidance for the conduct of their school sports. Schools will have to limit capacity of indoor facilities to no more than 50 percent occupancy and limit spectators to no more than two spectators per player, in addition to implementing social distancing and face coverings.

Governor Cuomo Announces New Record-Low COVID-19 Test Positivity Rate

 

17th Straight Day with Positivity Rate Below 1 Percent; 0.66 Percent of Yesterday's COVID-19 Tests were Positive

Port Authority of New York and New Jersey and New York City Health + Hospitals Will Set up New Testing Sites at JFK and LaGuardia Airports

7 COVID-19 Deaths in New York State Yesterday

SLA and State Police Task Force Observes Violations of State Requirements at 34 Establishments This Weekend

Confirms 408 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 430,145; New Cases in 27 Counties

  Governor Andrew M. Cuomo today announced a new record-low COVID-19 test positivity rate of 0.66 percent. The number of new cases, percentage of tests that were positive and many other helpful data points are always available at forward.ny.gov. 

The Governor also announced the Port Authority of New York and New Jersey and New York City Health + Hospitals will set up new testing sites at JFK and LaGuardia Airports to limit the spread of COVID-19 from visitors coming from out of state.

"Over the past couple of weeks, our infection rate has stayed below one percent. Congratulations to New Yorkers for their hard work in getting us to this point, but we must keep up that work and continue wearing our masks and socially distancing," Governor Cuomo said. "Our progress shows that this virus responds to science, not politics. It's a function of medicine and science and biology and should be treated that way."

This weekend, the State Liquor Authority and State Police Task Force visited 3,964 establishments in New York City and Long Island and observed 34 establishments that were not in compliance with state requirements. A county breakdown of this weekend's observed violations is below: 

• Bronx - 6
• Brooklyn - 10
• Manhattan - 8
• Queens - 5
• Nassau - 4
• Suffolk - 1

Today's data is summarized briefly below:

• Patient Hospitalization - 482 (+10)
• Patients Newly Admitted - 56
• Hospital Counties - 32
• Number ICU - 120 (+10)
• Number ICU with Intubation - 54 (+4)
• Total Discharges - 74,684 (+44)
• Deaths - 7
• Total Deaths - 25,295

Statement by Speaker Corey Johnson - Re: Fake Budget Letter

 

 A letter is being circulated that purports to be from my office and signed by me, Finance Chair Danny Dromm and Subcommittee on Capital Budget Chair Vanessa Gibson identifying city agency cuts through layoffs. This letter is fake. We support the workers who have kept our city running through COVID, and want to work with them to help NYC rebuild even stronger.

NEW YORK STATE OFFICE FOR THE AGING ENCOURAGES OLDER NEW YORKERS TO STAY UP TO DATE WITH RECOMMENDED IMMUNIZATIONS

 

Receiving Recommended Vaccines Against Influenza, Pneumococcal Disease Even More Critical for the Health and Safety of Older Adults, Who Remain at High Risk for COVID-19

The New York State Office for the Aging (NYSOFA) is encouraging older New Yorkers to make sure they are up to date with all recommended immunizations, including those that provide protection against respiratory illnesses such as influenza and pneumococcal disease. Routine vaccination is an essential preventive care service that should not be delayed because of the COVID-19 pandemic.

 

“Staying healthy during this pandemic is critical, particularly for older adults, who are at greater risk for COVID-19,” said NYSOFA Acting Director Greg Olsen. “Our immune systems are more easily compromised as we age, and older adults, especially those with chronic health conditions, have an increased risk of becoming seriously ill. In addition to following all safety and social distancing protocols, getting recommended vaccinations, especially those that guard against respiratory illnesses such as influenza and pneumococcal disease, are vital to protect the health and wellbeing of older adults and caregivers.”

 

August is National Immunization Awareness Month. Older adults should consult with their healthcare provider to ensure that vaccinations and other preventive services are up to date. “Flu season” in the United States can begin as early as October and last as late as May. The Centers for Disease Control and Prevention (CDC) recommends that everyone six months of age and older, particularly those at greater risk, get their annual flu vaccine by the end of October. People 65 years and older should also be up to date with the pneumococcal vaccination to protect against pneumococcal diseases, such as pneumonia, meningitis, and bloodstream infections.

 

While these vaccines do not specifically protect against the coronavirus that causes COVID-19, they are highly recommended to maintain overall health and protect against other respiratory illnesses.

 

The CDC recommends the following actions for older adults:

• Get your annual flu shot. This is particularly important for those at increased risk for severe illness from COVID-19, including adults age 65 years and older, residents in a nursing home or long-term care facility, and persons of all ages with certain underlying medical conditions. High-dose flu shots are available for adults age 65 and older.

• Get pneumococcal vaccines. People who 65 years and older should also be up to date with pneumococcal vaccination to protect against pneumonia, meningitis, and bloodstream infections.

• Practice good health and safety habits, including wearing a mask in public, practicing social distancing by keeping at least six (6) feet of distance between yourself and others, even when outdoors; avoiding close contact such as shaking hands or hugging; washing hands often or using an alcohol-based hand sanitizer with at least 60% alcohol when soap and water are not available; and avoiding unnecessary contact with surfaces that are often touched, such as doorknobs and handrails.

• Schedule your annual wellness visit. Older adults should contact their healthcare provider to schedule an annual checkup. Those who have had Medicare Part B (medical insurance) for longer than 12 months are eligible for a yearly wellness visit at low or no cost to develop or update a personalized plan to help prevent or manage disease and disabilities based on their current health and risk factors.

• Seek medical advice quickly if you develop COVID or flu symptoms.

• People with COVID-19 have reported a wide range of symptoms from mild to severe illness. Symptoms may appear 2-14 days after exposure to the virus and may include but are not limited to: fever or chills; cough; shortness of breath or difficulty breathing; fatigue; muscle or body aches; headache; new loss of taste or smell; sore throat; congestion or runny nose; nausea or vomiting; and/or diarrhea, among others.

• Influenza (flu) can cause mild to severe illness. The flu is different from a cold, and usually comes on suddenly. Symptoms may include possible fever or feeling feverish/chills; cough; sore throat; runny or stuffy nose; muscle or body aches; headache; and/or fatigue.

 

Resources for older adults and caregivers:

CDC: Recommended vaccinations for adults

CDC: COVID-19 and older adults

Medicare.gov: Yearly wellness visits

MAYOR DE BLASIO ANNOUNCES PARTNERSHIP WITH NEW YORK YANKEES TO FIGHT COVID-19 AND GET MORE NEW YORKERS TESTED

 

On Tuesday, August 25^th, New Yorkers will receive free Yankees merchandise when they get tested for COVID-19 at more than 40 NYC Health + Hospitals testing locations 

  Mayor de Blasio today announced that the New York Yankees will partner with the NYC Test & Trace Corps to promote free COVID-19 testing across the city. As the first corporate sponsor of the City’s “Get Tested Tuesday” Day of Action, Yankees t-shirts, caps and other memorabilia be available to the first 4,000 New Yorkers who get tested any NYC Health + Hospitals testing location on Tuesday, August 25^th.

 

“Regardless of whether you’re a Yankees, Mets, or Red Sox fan, one thing is clear about New Yorkers: we look out for one another,” said Mayor Bill de Blasio. “Getting a test isn’t just about protecting yourself—it’s a civic duty to your fellow New Yorkers. Testing and tracing remains our best defense against the virus, and we will continue to do everything we can to ensure New Yorkers can protect themselves and their loved ones.”

 

The Yankees will also air a public service announcement with Manager Aaron Boone and a lineup of star players Masahiro Tanaka, Gio Urshela, Aaron Hicks and Luke Voit that promotes a new “Core Four” to fight the virus (wash hands, social distance, cover face, stay home if sick) and urges New Yorkers to get tested for COVID-19. The PSA will air on the YES Network, and can be viewed here.

 

The Get Tested Tuesday Day of action has been a partnership between NYC Test & Trace Corps community-based organization grantees, NYC Health + Hospitals and NYC agencies to focus outreach in target communities and get more New Yorkers tested.

NYC Test & Trace Corps is the City's comprehensive effort to test, trace, and treat every case of COVID-19. Through a partnership with NYC Health + Hospitals​and the Department of Health and Mental Hygiene, the Test & Trace Corps allows the City to offer free COVID-19 tests to all New Yorkers, immediately isolate and care for those who test positive for the virus and rapidly track, assess, and quarantine anyone they may have infected and offer support to safely isolate at home or in a hotel.  Additional information on the Test & Trace Corps, including program metrics, is available here.

 

“We are honored for this opportunity to partner the NYC Test & Trace Corps, and we encourage all of our neighbors and fans throughout the five boroughs to take advantage of this important and free COVID testing service,” said Brian Smith, Senior Vice President and Corporate and Community Relations. “During these unprecedented times we will continue to proactively provide support and resources to programs and organizations that focus on the health, safety and well-being of our fellow New Yorkers.”    

 

“Testing is crucial to help identify and assist New Yorkers who are confirmed positive for Covid-19. As we continue to mitigate the spread of Covid-19, we are grateful to the Bronx Bombers for their support of testing and commitment to encourage more New Yorkers to get tested. Free Covid-19 tests and free Yankees gear – that’s really a win-win for our City! ,” said NYC Test & Trace Corps Executive Director Dr. Ted Long.

 

MAYOR DE BLASIO AND CHANCELLOR CARRANZA ANNOUNCE “OUTDOOR LEARNING” INITIATIVE

 

  Mayor de Blasio and Schools Chancellor Richard A. Carranza today announced "Outdoor Learning”, a citywide outdoor learning initiative for the 2020-21 academic year.  The program will allow schools to hold classes outdoors in schoolyards, adjacent streets, and nearby park space. The program is open to all public, charter, and private schools, as well as Learning Bridges. Schools in areas hardest-hit by COVID-19 with no outdoor space will receive priority for the program. 

“We are doing everything in our power to bring our kids back to school safely,” said Mayor Bill de Blasio. “Outdoor Learning will give all of our children the quality education they deserve in a safe and socially distanced environment.”

“As a teacher and school leader, I always knew how important it was for kids to get some time outdoors, and as we get closer to reopening I’m excited to offer Outdoor Learning to schools across the City, even those without a yard,” said Schools Chancellor Richard A. Carranza.  Our students need time to run and play, explore and create in a safe, socially distanced way. Outdoor Learning provides more of that, more often, and we are grateful to our sister agencies for working together to make this possible

Beginning today, school principals can submit a request for learning space in school adjacent streets and nearby parks. Schools that wish to use their own, on-site yards are also being asked to fill out the survey to notify the Department of Education.  Proposals submitted by Friday, August 28th will receive responses by September 4th. Additional requests can also be submitted on a rolling basis. 

 

The Department of Education will work to accommodate schools’ requests to the greatest extent possible, unless the arrangement will not be feasible or safe.” All submissions will be reviewed by an interagency working group comprised of the Department of Parks & Recreation, Department of Transportation, Department of Sanitation, FDNY,  NYPD. Schools must provide barriers and staffing to close any street. When submitting a street location, schools are strongly encouraged to select streets with the following criteria:

 

• Is a quiet, non-commercial street;
• Is a one-way street; if two-way, not more than one lane of traffic in each direction;
• Is not an MTA bus route or truck route;
• Is not used  by a police/fire station, parking garage, or hospital.

 

The City encourages schools to hold classes that require additional spacing per public health guidelines, such as Physical Education, Art, Music Chorus and Drama in an outdoor setting. Additional academic classes can also be conducted outdoors where space permits if a school has an interest in doing so.

 

New York City's plan for reopening schools is among the most rigorous in the world, with Outdoor Learning being one of many tools the City is using to guarantee a safe reopening. The program will prioritize schools in neighborhoods hardest hit by the pandemic with no outdoor space at their schools:

 

Borough	Neighborhood
Bronx	Van Cortland Park and Jerome Park
Bronx	Soundview and Soundview Bruckner
Bronx	Mott Haven and Melrose
Bronx	Longwood and Hunts Point
Bronx	Highbridge
Bronx	East Tremont
Bronx	Morris Heights
Bronx	Morrisania and Crotona
Manhattan	Washington Heights and Inwood
Manhattan	Hamilton Heights and Morningside Heights
Manhattan	LES and Chinatown
Manhattan	East Harlem
Manhattan	Central Harlem
Brooklyn	Brighton Beach
Brooklyn	Brownsville
Brooklyn	East New York and Starrett City
Brooklyn	Sunset Park
Brooklyn	Canarsie
Brooklyn	Bushwick
Brooklyn	Bed-stuy
Brooklyn	East Flatbush
Queens	Corona
Queens	Briarwood
Queens	Jamaica
Queens	Rockaway and Far Rockaway
Queens	Queensbridge
Staten Island	Stapleton - St. George

 

"From Open Streets to Open Restaurants, New York City has shown the crucial role that streets can play in aiding our recovery from COVID-19,” said NYC DOT Commissioner Polly Trottenberg. "For the new school year, Outdoor Learning is the next step.  Working closely with the DOE and our agency partners, we will find and assess streets and other outdoor locations suitable for safely hosting students, prioritizing communities of color hit hardest by the pandemic

 

“The Fire Department is committed to the safety of all New Yorkers. We will work closely with our fellow agencies, including the Department of Education, to ensure a safe learning environment for students and a continued quick response to all fires and medical emergencies.”

Partnerships for Parks - Attend Free Webinars for Funding, Programming, and Sustaining Your Community Group

 

As New York City recovers from COVID-19, we face an economic crisis and a new wave of challenges. Join us for a series of webinars to learn new ways to create programming, fundraise, and strengthen your community group during these challenging times. Also, attend an info session webinar to learn how to receive a grant of up to $3,000.

PROGRAMMING DURING COVID-19: CREATIVE IDEAS FOR YOUR COMMUNITY PARK GROUP Are you searching for programs that are the right fit for your group? Join us for a webinar that will lay out all the options for your community group during COVID-19. Get ideas about holding socially-distanced in-person events or online programming this fall. Also, learn about how to use social media and digital tools to keep your community engaged. This webinar will include: Examples of creative and safe park programs New protocols around NYC Parks special events permits Tips on overcoming challenges with holding programs during COVID-19 Opportunities to connect with other NYC community group leaders Registration for this session is required and will close the day before the event. You will receive information on how to join the webinar once you register. If you have any questions, please contact Jordan Mullaney at jmullaney@cityparksfoundation.org. Monday, August 31 from 6:30 pm to 8:30 pm

REGISTER FUNDRAISING STRATEGIES FOR YOUR COMMUNITY PARK GROUP DURING COVID-19 During the COVID-19 crisis, community groups across the city have continued the important work of caring for their local parks and surrounding neighborhoods. With many communities overwhelmed with hardships related to the pandemic, asking for funding can be more challenging than ever. In this webinar, we will share various fundraising options including grants, discretionary funding, and crowdfunding campaigns. You will also create a compelling fundraising pitch to communicate changes to your group's needs and how you plan to address them. In this webinar, you will: Hear from expert speakers who have successfully fundraised in recent months Get information about a range of fundraising resources and trainings Learn the pros and cons of different fundraising methods during COVID-19 Network with PfP staff members and community leaders in Zoom breakout rooms Registration for this session is required and will close the day before the event. You will receive information on how to join the webinar once you register. If you have any questions, please contact Jordan Mullaney at jmullaney@cityparksfoundation.org. Thursday, September 10 from 6:00 pm to 8:00 pm REGISTER STAYING TRUE TO YOUR MISSION: STRENGTHENING YOUR GROUP DESPITE UNCERTAINTY In these difficult times, community park group leaders may feel overwhelmed with retaining and recruiting members, prioritizing goals, and following through on commitments. We will show you how reflecting on your group’s purpose can help you emerge from this transitional time with new direction and energy. You will also receive practical tips on how to stay on track with your group’s goals, and leave with ideas about how to sustain your group for the months ahead. This webinar will include: Insight from group leaders who have successfully adapted during COVID-19 An activity to help your group choose meaningful next steps   Tips on keeping volunteers motivated and engaged A chance to connect with other group leaders Registration for this session is required and will close the day before the event. You will receive information on how to join the webinar once you register. If you have any questions, please contact Jordan Mullaney at jmullaney@cityparksfoundation.org. Tuesday, September 22 from 7:00 pm to 9:00 pm REGISTER CAPACITY FUND GRANT INFO SESSION WEBINAR The COVID-19 pandemic has made fundraising more challenging than ever, but with the right project idea you can still receive funding through our Capacity Fund Grant. We give out small grants of up to $3000 to community groups dedicated to their local parks, gardens, and green spaces. Our grants support projects that build community groups’ capacity through outreach, membership, and programming. Join us at the Capacity Fund Grant Info Session Webinar, and we’ll share everything you need to know about funding eligibility, project examples, and our timeline for announcements. Registration for this session is required and will close the day before the event. You will receive information on how to join the webinar once you register. If you have any questions, please contact Becca Cohen at rcohen@cityparksfoundation.org. Tuesday, September 15 from 6:00 pm - 7:30 pm REGISTER Partnerships for Parks is a joint program of City Parks Foundation and NYC Parks that supports and champions a growing network of leaders caring and advocating for neighborhood parks and green spaces. We equip people and organizations with the skills and tools needed to transform these spaces into dynamic community assets.