Coronavirus: When might Connecticut declare a state of emergency?

Gov. Ned Lamont speaks at a news conference at Bridgeport Hospital, in Bridgeport, Conn. March 7, 2020. Gov. Ned Lamont speaks at a news conference at Bridgeport Hospital, in Bridgeport, Conn. March 7, 2020. Photo: Ned Gerard, Hearst Connecticut Media Photo: Ned Gerard, Hearst Connecticut Media Image 1 of / 74 Caption Close Coronavirus: When might Connecticut declare a state of emergency? 1 / 74 Back to Gallery

As of Monday morning, the spreading coronavirus has prompted eight states, including New York, to declare a state of emergency.

Connecticut could do the same — it’s something officials say they are considering — though when that may be is something of a moving target.

“We certainly are in the process of evaluating when it might be necessary,” said Brenda Bergeron.

The state would declare a state of emergency “when the extraordinary powers that the governor has during an emergency declaration become necessary,” she said.

Bergeron is the principal attorney and planning coordinator for the Connecticut Division of Emergency Management and Homeland Security. She said though the Department of Public Health is the lead agency in charge of the coronavirus response, DEMHS is helping to coordinate, as they do in all emergencies.

“We work hand in glove with each other,” she said. “We are the coordinating agency for all hazards. If it’s a hurricane we coordinate it. If it’s a health issue we coordinate it.”

The primary reason to declare a state of emergency would be to suspend state laws. For example, state law requires that public schools be in session for 180 days per school year. Declaring a state of emergency would allow Gov. Ned Lamont the ability to exempt schools from that responsibility.

There are, in fact, two types of emergency declaration: A public health emergency — which ironically Bergeron said was not as likely in the case of a coronavirus epidemic — and a civil preparedness emergency.

“Each type of emergency is different,” she said.

There are specific powers granted to the governor during a state of emergency, according to state statute, as Bergeron explained. The governor — in this case Lamont — is allowed to “take appropriate measures for protecting the health and safety” of school children. He’s allowed to close roads and restrict travel, as he might during a snowstorm.

During a public health emergency, the governor would have the authority to enforce quarantines and restrict mass gatherings, though Bergeron said that was unlikely in this case.

The statute was written in an intentionally vague way, Bergeron explained, giving the governor the power to do what is necessary to contain an outbreak.

“The governor may take such other steps as are reasonably necessary in the light of the emergency to protect the health, safety and welfare of the people of the state,” the statute reads.

That being said, there are some limitations. When the governor does suspend a state law during a declared emergency, it can only be enforced for six months. The General Assembly can countermand the governor’s order, though that would take a majority of legislators, including at least one member of the minority party.

So, when might Lamont declare a state of emergency? The answer is, whenever he and his administration deem it necessary. It might be about protecting students or restricting the expansion of the disease.

It might be for more administrative purposes.

“During Superstorm Sandy it occured when there was a quarterly tax filing,” Bergeron said. “They were able to extend the tax filing>

Schools are beginning to plan for closures, and state agencies are looking at what modifications might be necessary. So an emergency declaration may be around the corner.

“Each state agency is reviewing their essential functions to see if there anything they need to waive or modify depending on the circumstances,” Bergeron said. “It’s going to depend on the circumstances at the time.”