New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.130 - Executive Order No. 130: Declaring a Disaster in the State of New York. [*]

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, beginning on August 14, 2003, a system-wide
					 disruption of the statewide power system occurred across New York State,
					 including New York City, Long Island and Upstate, and has caused countless
					 numbers of New Yorkers, communities and businesses across the State to lose
					 electrical power;
WHEREAS, this system-wide disruption has resulted in the
					 loss of power to numerous other states in the region, including Connecticut,
					 Michigan, New Jersey, Ohio and Vermont, as well as the province of Ontario in
					 Canada;
WHEREAS, this event has resulted in personal hardships,
					 hampered the movement of medical and emergency personnel, stranded travelers,
					 and continues to pose a threat to the public health and safety;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, do hereby find that a disaster has occurred for which the affected
					 local governments are unable to respond adequately. Therefore, pursuant to the
					 authority vested in me by the Constitution and the Laws of the State of New
					 York, including Section 28 of Article 2-B of the Executive Law, I hereby
					 declare a State Disaster Emergency effective August 14, 2003 within the
					 territorial boundaries of the State of New York;
FURTHER, pursuant to Section 29 of Article 2-B of the
					 Executive Law, I direct the implementation of the State Disaster Preparedness
					 Plan and authorize, effective August 14, 2003 and continuing, the State
					 Emergency Management Office, the Department of Transportation, the New York
					 State Thruway Authority, the State Police, the Division of Military and Naval
					 Affairs, the Department of Environmental Conservation, the Department of
					 Health, the Office of Mental Health, the State Department of Correctional
					 Services, the Public Service Commission, the Office of Fire Prevention and
					 Control, the Department of Labor, the Office of Parks, Recreation and Historic
					 Preservation and all other State agencies and authorities over which I exercise
					 Executive authority to take appropriate action to protect State property and to
					 assist those affected local governments and individuals in responding to and
					 recovering from this disaster, and to provide such other assistance as
					 necessary to protect the public health and safety;
FURTHER, I have designated Edward F. Jacoby, Jr., Director
					 of the State Emergency Management Office (SEMO) as the State Coordinating
					 Officer for this disaster.
Signed: George E. Pataki
Dated: August 14, 2003
Executive Order No. 130.1*
Temporary Suspension of Provisions Relating to the
					 Generation of Electricity.
WHEREAS, on August 14, 2003, I issued Executive Order
					 Number 130 declaring a disaster emergency in the State of New York;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, do hereby continue Executive Order No. 130,
					 dated August 14, 2003, except that such Executive Order is amended to read as
					 follows:
FURTHER, pursuant to the authority vested in me by Section
					 29-a of Article 2-B of the Executive Law to temporarily suspend specific
					 provisions of any statute, local law, ordinance, orders, rules or regulations,
					 or parts thereof, of any agency during a State disaster emergency, if
					 compliance with such provisions would prevent, hinder or delay action necessary
					 to cope with the disaster, I hereby temporarily suspend, for the period from
					 the date of this Executive Order until further notice, the following
					 law:
Subdivision 2 of section 160  of the Public Service Law, so
					 far as it relates to the definition of "major electric generating facility,"
					 and subdivision 1 of section 162  of the Public Service Law so far as it relates
					 to the certification of major electric generating facilities, until power is
					 restored and there is no threat to system reliability in New York State, or
					 until August 25, 2003, whichever occurs first, so long as the Chairman of the
					 New York State Board on Electric Generation Siting and the Environment issues a
					 declaratory ruling or rulings temporarily suspending conditions restricting the
					 electrical output limitation previously imposed on such facilities.
Such declaration of disaster emergency shall remain in
					 effect from the date hereof until further notice.
Signed: George E. Pataki
Dated: August 15, 2003
Executive Order No. 130.2
*
Finding of Emergency and Determination that Banking
					 Organizations may, at Their Discretion, Close Certain of Their Places of
					 Business Affected by the Emergency.
WHEREAS, on August 14, 2003, I issued Executive Order
					 Number 130 declaring a disaster emergency in the State of New York;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, do hereby continue Executive Order No. 130,
					 dated August 14, 2003, except that such Executive Order is amended to read as
					 follows:
FURTHER, pursuant to the provisions of Section 24-a  of the
					 General Construction Law, and by virtue of the authority vested in me by the
					 Constitution and Laws of the State of New York, I find that an emergency exists
					 and determine that banking organizations may, at their discretion, close
					 certain of their places of business, except offices necessary for and capable
					 of the processing of the transactional activities of the bank relating to its
					 customers and other banking entities, affected by the emergency on Friday,
					 August 15, 2003;
FURTHER, I do hereby encourage all bank offices or
					 principal offices to continue to serve the public by conducting and performing
					 operations and perform banking transactions for the convenience of their
					 customers or relating to transactions between such banks and other banks or
					 persons which have remained opened for business.
Signed: George E. Pataki
Dated: August 15, 2003
Executive Order No. 130.3*
Temporary Suspension of Provisions Relating to the
					 Date for Voters to File Voter Registration Forms in Order to Vote in the
					 Primary Election.
WHEREAS, on August 14, 2003, I issued Executive Order
					 Number 130 declaring a disaster emergency in the State of New York;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, do hereby continue Executive Order No. 130,
					 dated August 14, 2003, except that such Executive Order is amended to read as
					 follows:
FURTHER, pursuant to the authority vested in me by Section
					 29-a of Article 2-B of the Executive Law to temporarily suspend specific
					 provisions of any statute, local law, ordinance, orders, rules or regulations,
					 or parts thereof, of any agency during a State disaster emergency, if
					 compliance with such provisions would prevent, hinder or delay action necessary
					 to cope with the disaster, I hereby temporarily suspend, for the period from
					 the date of this Executive Order until further notice, the following
					 law:
Subdivision 3 of section 5-210  of the Election Law, so far
					 as it relates to the date that voter registration forms must be received by a
					 county board of elections or postmarked prior to the next ensuing primary
					 election; provided, however, that such date shall be extended until Monday,
					 August 18, 2003 at 5:00 p.m.
Such declaration of disaster emergency shall remain in
					 effect from the date hereof until further notice.
Signed: George E. Pataki
Dated: August 15, 2003
Footnotes
* [Revoked by Executive Order
					 No. 5 (Eliot Spitzer),
infra.
] [Revoked by Executive Order No.
					 9 (David A. Paterson),
infra.
] [Revoked by Executive Order No.
					 2 (Andrew M. Cuomo),
infra.
]
* [Revoked by Executive Order
					 No. 5 (Eliot Spitzer),
infra.
] [Revoked by Executive Order No.
					 9 (David A. Paterson),
infra.
] [Revoked by Executive Order No.
					 2 (Andrew M. Cuomo),
infra.
]