Bill would broaden governor's powers during declared state of emergency

A bill filed Jan. 17, 2025 would expand the governor’s statutory powers during declared states of emergency, authorizing suspension of statutes and regulations, mobilization of state and local agencies, compelled evacuations, temporary use of property and coordination with federal and other state authorities. The measure was filed in the Senate by Senator Barry R. Finegold as Senate No. 541. Why it matters: the bill would clarify and enlarge existing emergency authorities, specifying the governor’s ability to direct agencies, deploy resources and take specific actions tied to public health, utilities and transportation during emergencies. Under the proposal, in reasonable anticipation of or upon occurrence of an emergency the governor may issue executive orders or directives to the Massachusetts emergency management agency and other departments; those entities “shall act in conformity” with the orders. A governor’s proclamation of a state of emergency would activate applicable emergency plans, authorize deployment of forces and distribution of supplies and could apply statewide or to specific geographic areas. The bill explicitly authorizes the governor to: suspend statutes, orders or agency regulations when compliance would hinder emergency response; employ every agency and person of the commonwealth and its political subdivisions to protect life and property; transfer direction, personnel or functions among departments to perform emergency management functions; and assign responsibilities to state agencies for disaster preparedness and relief. The governor would also be empowered to order or compel evacuations and to prescribe routes, modes of transportation and destinations for evacuees. The bill provides that the commonwealth and its political subdivisions, employees and emergency response workers are not liable for harm to persons who refuse to comply with evacuation orders. For emergencies detrimental to public health, the bill designates specific statutory authorities to the commissioner of public health; for emergencies affecting gas, electric or water utility services, it assigns relevant authorities to the commissioner of the Department of Public Utilities; and for transportation threats the governor could exercise authorities referenced in existing law for operating transportation services. The governor’s emergency proclamation would terminate when the governor so declares or automatically after 60 days unless renewed; each renewal would last 60 days unless renewed again or terminated sooner. The bill also specifies criminal penalties for violating an order or directive issued by the governor under these provisions: imprisonment of not more than one year or a fine not exceeding $500, or both, unless another law specifies a greater punishment. The measure would enable broader coordination with federal authorities and other states and authorize receipt and allocation of federal money, supplies and equipment donated or loaned to the commonwealth or its political subdivisions for emergency purposes. The text in the filing describes these powers as additional to any other authority vested by law and does not repeal existing emergency authorities. The filing does not itself enact these powers; the provisions would take effect only if the Legislature passes the bill and it is signed into law.