Summary of New York Executive Order No. 202.15 During COVID-19 Emergency

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Gov. Andrew Cuomo issued New York State Executive Order ("EO") No. 202.15, which modifies or suspends several New York State (the "State") statutes, laws, codes, rules and regulations and further establishes directives to combat the COVID-19 pandemic.

The directives under EO No. 202.15 are in effect until May 9, 2020. This is the Governor’s 16th Executive Order issued during this state of emergency. For reference, a brief summary of each EO issued-to-date is listed below the new directives established by EO 202.15.

PUBLIC HEARINGS

EO No. 202.15 directs public bodies to postpone any public hearing scheduled in April 2020 or May 2020 to June 1, 2020. If the public body is able to hold the public hearing remotely (i.e., through tele- or video-conferencing), then the public hearing may proceed as scheduled.

SEQRA

EO No. 202.15 suspends the public hearing requirement under Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 (collectively, "SEQRA"); provided, however, that public comment will be accepted by electronic means or by mail "to satisfy public participation requirements." Specifically, though not limiting, the EO suspends public hearings for the processing of permits under the State Pollutant Discharge Elimination System Permit Program.

SAPA

EO No. 202.15 suspends Section 202(2) of the State Administrative Procedures Act ("SAPA"), which provides the expiration for most rulemaking notices within 365 days. The expiration date for such notices is extended for ninety (90) days from the issuance date of EO No. 202.15.

ABSENTEE BALLOTS

EO No. 202.15 allows any State voter to cast an absentee ballot for any election held on or before June 23, 2020.

NEW YORK STATE EXECUTIVE ORDERS

(Current as of April 13, 2020)

EXECUTIVE ORDER

DIRECTIVE(S)

(Not inclusive of every directive issued under corresponding EO)

 

No. 202

(March 7, 2020)

 

Declaring a disaster emergency in the State until September 7, 2020

No. 202.1

(March 12, 2020)

  • Suspending laws and regulations relating to childcare to allow flexibility for providers while continuing to protect the health and safety of children
  • Permitting public bodies to meet and take actions remotely by conference call or similar service, provided that the public has the ability to view or listen to such proceeding
  • Cancelling or postponing any gathering over 500 individuals*
  • Reducing any gathering of less than 500 individuals by 50%*
  • Suspending the waiting period for unemployment insurance claims relating to COVID-19
  • Suspending laws relating to emergency procurement of necessary materials, equipment, supplies and services
  • Restricting nursing home visitations
  • Waiving requirements necessary for apportionment of school aid

*Not applicable to schools, hospitals, nursing homes, certain medical facilities, mass transit and certain retail establishments including grocery stores.

No. 202.2

(March 14, 2020)

  • Modifying Election Laws to allow for electronic application for an absentee ballot and extending deadlines to apply for such ballot
  • Modifying Election Laws to reduce the required number of signatures on petitions to the lesser of (i) 1.5% of the enrolled voters or (ii) 30% of the stated threshold
  • Suspending the in-person candidate petitioning process for electoral primaries

No. 202.3

(March 16, 2020)

  • Cancelling or postponing any gathering of fifty (50) or more individual
  • Closing of specifically enumerated businesses, including restaurants (able to provide takeout and delivery food service), movie theaters, bars, gyms and casinos

No. 202.4

(March 16, 2020)

 

  • Allowing non-essential local government personnel to work from home or take leave without charging accruals
  • Closing all schools in the State from March 18, 2020 to April 1, 2020
  • Postponing March 17, 2020 village elections

No. 202.5

(March 18, 2020)

  • Modifying certain Education Laws to allow physicians, nurses, and physician assistants to practice medicine despite lack of licensure or registration, as applicable
  • Postponing March 18, 2020 village elections
  • Closing indoor shopping malls and indoor places of public amusement from March 19, 2020 to April 17, 2020

No. 202.6

(March 18, 2020)

 

  • Mandating remote working procedures, where possible, and reducing onsite workforce by 50% for nonessential businesses
  • Creating exceptions to the in-person work restrictions for essential businesses

No. 202.7

(March 19, 2020)

  • Requiring non-essential employers to reduce the in-person workforce by 75% no later than March 21, 2020
  • Mandating closure of barbershops, hair salons, tattoo or piercing parlors and related personal care services no later than March 21, 2020
  • Authorizing notarial acts through audio-video technology, subject to certain conditions

No. 202.8

(March 20, 2020)

  • Mandating the reduction of onsite workforce for non-essential businesses by 100% no later than March 22, 2020
  • Placing a 90-day moratorium on any residential or commercial evictions
  • Authorizes the abatement of late filing and payment penalties for a period of sixty (60) days for taxpayers who are required to file returns and remit sales and use taxes by March 20, 2020

No. 202.9

(March 21, 2020)

  • Allowing customers of New York-chartered banks a 90-day mortgage payment forbearance if they are experiencing COVID-19 related hardships
  • Restricting or modifying fees for the use of automated teller machines (ATMs), overdraft fees, and credit card late fees

No. 202.10

(March 23, 2020)

A number of actions related to healthcare professionals, hospitals, healthcare facilities, emergency medical services, and public health law, including:

  • Directing insurers to give the State a list of their employees who are licensed health professionals
  • Prohibiting any pharmacist in the State from dispensing hydroxychloroquine or chloroquine, except when written as prescribed for an FDA-approved condition
  • Canceling or postponing all non-essential gatherings of any size for any reason

No. 202.11

(March 27, 2020)

  • Modifying the Public Authorities Law to allow the director of the Authorities Budget Office to disregard reporting deadlines
  • Extending school closures until April 15, 2020, initially authorized under EO No. 202.4
  • Establishing that the operation of any facility or the occupancy of any space that violates the permissible number of gathered individuals is a violation of law

No. 202.12

(March 28, 2020)

  • Postponing the presidential primary and special elections to June 23, 2020
  • Delaying the State’s tax filing day to July 15 to match the Federal filing date
  • Directing hospitals to allow one (1) person, who does not evidence a fever, to be present as a support person for a patient giving birth

No. 202.13

(March 30, 2020)

  • Directing non-essential construction businesses to comply with in-person workforce reduction
  • Modifying EO No. 202.12, which allows one support person for a patient giving birth, to cover labor, delivery and the immediate postpartum period
  • Postponing the collection of petitions, as well as certain elections
  • Aligning the expiration dates of previous EOs to expire on April 15, 2020

No. 202.14

(April 7, 2020)

  • Extending the cancellation dates of all non-essential gatherings, school closures, in-person business restrictions and workplace restrictions to April 29, 2020
  • Authorizing the DOH to move medical equipment and supplies to areas of immediate need across the State
  • Increasing fine for social distancing violations

No. 202.15

(April 9, 2020)

 

  • Postponing public hearings scheduled in April or May 2020 to June 1, 2020; however, public hearings may proceed via tele- or video-conferencing if the public body is so capable
  • Suspending the public hearing requirement under SEQRA, provided public comment is still accepted
  • Suspending 365-day expiration of rulemaking notices and extending such notices for 90-days from date of EO 202.15
  • Allowing State voter absentee ballots for any election prior to June 23, 2020.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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