Governor Andrew Cuomo amassed king-like powers as part of New York’s response to the COVID-19 pandemic, starting last spring when state legislators allowed him to write his own laws, an authority typically reserved for a separate branch of government. Since then, he’s made mask mandates, banned indoor dining, closed and then reopened hair salons, created COVID zones based on infection rates. It was a power the governor said he needed to respond with agility and force to a crisis of unparalleled magnitude.
Now, as the city’s and state’s seven-day positivity rates are coming down from post-holiday spikes, the legislature is expected to claw some of those powers back. Both chambers of the New York State legislature are expected to vote Friday morning on a bill to repeal the governor’s emergency powers. [Update: Both houses in the State Legislature approved the measure to scale back Cuomo's emergency powers on Friday, with the Assembly voting 107 to 43 and state Senate voting 43 to 20. Cuomo is now expected to sign the bill].
On Wednesday, in his first public remarks since three women publicly accused him of sexual misconduct, Cuomo offered a muddled description of what the new legislation would do, suggesting his office reached “an agreement with the legislature” and that the bill, “extends the emergency power to the point where the federal government declares an end to the pandemic.”
That description is misleading, according to statements issued by Assembly and Senate leaders.
Listen to Brigid Bergin and Gwynne Hogan discuss Governor Cuomo on WNYC:
“The legislation immediately repeals the governor’s expanded emergency powers and he cannot issue any new directives going forward, ”Assembly Speaker Carl Heastie said in a statement.
“There was an agreement between the Senate and the Assembly — the governor had no part of it,” Deputy Senate Majority Leader Michael Gianaris told Gothamist/WNYC.
To understand what this legislation will actually do, we spoke with lawmakers who helped craft the language of the bill along with state government experts and local officials about what the legislation will mean on the ground.
Here is more about what the legislation will do and what it means for Cuomo, the legislature, and New York City.
What will the bill under review by the legislature actually do?
Consider it an initial step towards restoring the balance of power in Albany. Specifically, the legislation will prevent the governor from issuing any new directives (that is, making new laws), and will require all existing directives to be renewed every 30 days and published online. It will also grant state lawmakers and local leaders an opportunity to comment on existing directives before they are extended.
So will all the rules Cuomo put in place for COVID magically evaporate overnight?
Absolutely not! The legislation basically curbs the governor’s ability to write new kinds of rules or laws, meaning we shouldn’t expect drastically different kinds of restrictions than what are already in place. It does allow all the existing directives to be extended with an additional comment period from the state legislature. They can give feedback on the directive during a five day comment window. “We're recognizing the importance of some of the existing directives; the mask mandates, the capacity requirements in sports stadiums,” said Gianaris. “There are things that are in existence, that we don’t want to just go away.”
How does that change things for me here in the city?
Hopefully, things will be less confusing with the governor issuing directives that directly contradict orders issued by the city. “There will be fewer surprises about what might be coming,” explains Rachael Fauss, the senior research analyst at Reinvent Albany. “It’s going to be limited more toward what’s already been happening, what the governor’s already been doing.”
For example, back in October, as the city began to see increased COVID-19 cases in certain neighborhoods, Mayor Bill de Blasio wanted to close schools and small businesses according to zip code designations. Cuomo issued his own plan for how to determine what areas needed to shut down based on color-coded zones. This led to more confusion, as people tried to scramble to determine which zone they fell into. In theory, this legislation should prevent these kinds of dueling orders from being issued in the future. The state will need to make sure the city is in the loop in advance.
At the same time, de Blasio has said he wants full local control to determine things like how the full vaccine supply is distributed across the city. This law will not give the city that power. Currently, the state delivers its supply directly to vaccination sites it controls, such as the Aqueduct Racetrack.
Where can I find the current directives and any potential modifications to them?
The law requires the governor’s office to clearly post the directives on the governor’s website in a searchable format (currently, many of the directives are embedded in or refer to previous executive orders). The posted information must also include which emergency declaration the rules pertain to, a description of what laws are being suspended or changed, when the order expires and which state agency will enforce the rules.
What if I disagree with one of the rules, like restrictions on indoor dining? Is it on the books forever?
Nope! Lawmakers have a chance to voice their dissent or concerns, or suggestions with the directive every 30 days when it comes up for renewal. They could push back on the specific thresholds of indoor dining, for example, or argue for more categories of people to be included in vaccination guidelines. The governor is required to reply to their concerns, though he can ultimately ignore their advice. If, however, the legislature isn’t satisfied, it could move to overturn the rule with a majority vote of both chambers. There’s no public comment period, it goes through state lawmakers, so if you have a problem you should reach out to them directly.
Is the governor the only one who can end the “state of emergency”?
Not after this bill passes. The new law will also allow the legislature to end a disaster declaration by a majority vote in both the Senate and Assembly. Up to now, only the governor could rescind an emergency declaration.
