Gov. Baker Declared A State Of Emergency. What Does That Mean?

BOSTON — Gov. Charlie Baker declared a state of emergency March 10 after new coronavirus cases in Massachusetts more than doubled to 92. During a state of emergency, state laws give the governor a wide range of powers for responding to the emergency.

Where do the governor's state of emergency powers come from?

Massachusetts law dating back to 1950 grants the governor the power to declare a state of emergency. The governor can declare a state of emergency in response a natural or man-made disaster. Separate state law allows the governor to declare a "public health emergency," granting emergency authority to the public health commissioner. Baker only cited the 1950 law in his declaration.

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What can the governor do during a state of emergency?

A lot. The law governing states of emergency lists a number of specific powers, but also says, "the governor, in addition to any other authority vested in him by law, shall have and may exercise any and all authority over persons and property necessary or expedient for meeting said state of emergency, which the general court in the exercise of its constitutional authority may confer upon him."

One of the main powers the law grants is more direct control over state resources, including employees. It also gives the governor control over federal resources that are given or loaned to the state.

But the declaration also gives Baker the authority to effectively make temporary laws as needed.

The state website summarizes the authority: "Under a state of Emergency, the Governor is authorized to issue executive orders to meet the needs of a threat, emergency, or disaster. These Orders are to be treated as law and may override existing law for the course of the disaster.

"The Governor is authorized to exercise any and all authority over persons and property necessary to protect the public. Depending on the disaster, this may include taking and using property for the protection of the Commonwealth. Ordering evacuations, implementing curfews, or enacting other restrictions can be used to protect public health and welfare if warranted."

The specific outlined powers are broad. The governor can limit travel, as often happens when the power is used to respond to storms. He can ban assemblies, streamline state purchasing and even regulate the sale of food and other consumer goods. He can regulate the insurance industry and act to protect bank deposits.

During a state of emergency, the state can also take possession of land, buildings, equipment, vehicles, fuel and livestock. The governor can also order state offices and even businesses to close.

When have states of emergency been declared in the past?

While the law governing them dates to Cold War fears, states of emergency have mostly been used for storms and other disasters. The most recent state of emergency in Massachusetts was declared by Baker in September 2018 following the Merrimack Valley gas explosions. Other emergencies over the last decade have been in response to storms, such as Hurricane Sandy in 2012 or two winter storms in 2015.

What does the state of emergency mean for me?

At first, nothing, but in the week since the state of emergency was declared, Baker has used its powers to issue a number of emergency orders. They include:

• No public gatherings over 25 people
• Restaurants and bars are limited to take-out and delivery
• Schools are suspended for three weeks, through April 6
• Hospitals are required to restrict visitors and cancel non-essential elective procedures
• Nursing homes and assisted living facilities are required to restrict visitors
• The RMV is extending renewal timelines for some credentials
• The Open Meeting Law is partially suspended, allowing remote government meetings

An up-to-date list of emergency orders from the state is available here.