New York Codes, Rules and Regulations › Title 99 - Executive Orders (Andrew M. Cuomo) › Chapter I - EXECUTIVE ORDERS (ANDREW M. CUOMO) › Part 8 - EXECUTIVE ORDERS (ANDREW M. CUOMO), SIGNED FEBRUARY 1, 2021 THROUGH AUGUST 21, 2021 › Section 198.13 - Continuing the Declaration of Disaster Emergency in the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St. Lawrence, and Wayne

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, pursuant to Executive Order 198, a disaster was
				  declared within the counties of Cayuga, Jefferson, Monroe, Niagara, Orleans,
				  Oswego, St. Lawrence, and Wayne due to extensive flooding, widespread erosion,
				  and water damage that caused significant damage to homes and other residential
				  structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
				  St. Lawrence River continue to be of concern as a cause of flooding, widespread
				  erosion, and water damage, which continues to jeopardize infrastructure,
				  coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
				  Commission identified high-priority projects that were urgently needed, and
				  continued to be needed to protect homes, businesses, and critical
				  infrastructure; to sustainably maintain safe navigation channels; and to
				  address the immediate and long-term resiliency of communities along Lake
				  Ontario and the St. Lawrence River.
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of
				  New York, by virtue of the authority vested in me by the Constitution and the
				  Laws of the State of New York, do hereby find that a disaster continues to
				  exist for which affected state agencies and local governments are unable to
				  respond adequately. Therefore, pursuant to the authority vested in me by the
				  Constitution of the State of New York and Section 28 of Article 2-B of the
				  Executive Law, I hereby continue the declaration of the State Disaster
				  Emergency that became effective November 20, 2019, as set forth in Executive
				  Order 198, within the territorial boundaries of the counties of Cayuga,
				  Jefferson, Monroe, Niagara, Orleans, Oswego, St. Lawrence, and Wayne. The
				  provisions set forth in Executive Order 198 and this Executive Order shall
				  continue to remain in effect until June 4, 2021; and
FURTHER, pursuant to Section 29 of Article 2-B of the
				  Executive Law, I direct the continued implementation of the State Comprehensive
				  Emergency Management Plan and authorize, which was first made effective
				  November 20, 2019, the State Office of Emergency Management, the Department of
				  Health, the Department of Transportation, the Division of State Police, the
				  Division of Military and Naval Affairs, the Department of Environmental
				  Conservation, the Department of Corrections and Community Supervision, the
				  Public Service Commission, the Office of Fire Prevention and Control, the
				  Department of Labor, the Office of Parks, Recreation and Historic Preservation,
				  the Office of General Services, the Thruway Authority, the Division of Homeland
				  Security and Emergency Services, other State agencies as necessary, and the
				  American Red Cross to take appropriate action to protect State property and to
				  assist affected local governments and individuals in responding to and
				  recovering from this continued disaster; and to provide such other assistance
				  as necessary to protect the public health and safety.
IN ADDITION, this declaration satisfies the requirements of
				  49 C.F.R.
				  390.23(a)(1)(A), which
				  provides relief from Parts 390 through 399 of the Federal Motor Carrier Safety
				  Regulations (FMCSR). Such relief from the FMCSR is necessary to hasten the
				  movement of crews into New York State.
FURTHER, I, ANDREW M. CUOMO, Governor of the State of New
				  York, by virtue of 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 address the disaster,
				  hereby temporarily suspend, for the period from the date of this Executive
				  Order through March 6, 2021, the following laws:
Section 38 (1) (2) and (3)  of the Highway Law, to the extent
				  that the Commissioner of Transportation determines it necessary to authorize
				  the award of emergency contracts and/or to combine design and construction
				  services in contracts and to use such services when needed;
Section 9 (2) and (4)  of the Public Buildings Law, to the
				  extent the Commissioner of General Services determines it necessary to
				  authorize the award of emergency contracts and/or to combine design and
				  construction services in contracts and/or to use such contracts and services
				  when needed at a threshold above Six Hundred Thousand Dollars;
Section 97-G  of the State Finance Law, to the extent that the
				  Commissioner of General Services or the Commissioner of the Division of
				  Homeland Security and Emergency Services determines it necessary to purchase
				  food, supplies, services, and equipment or furnish or provide various
				  centralized services, including but not limited to, building design and
				  construction services to assist affected local governments, individuals, and
				  other non-State entities in responding to and recovering from the disaster
				  emergency;
Section 112  of the State Finance Law, to the extent
				  consistent with Article V, Section  1 of the State Constitution, and to the
				  extent that the Commissioner of Transportation, the Commissioner of General
				  Services, or the Commissioner of the Division of Homeland Security and
				  Emergency Services determines it necessary to add additional work, sites, and
				  time to State contracts; to award emergency contracts or leases for relocation
				  and support of State operations under Section 3  of the Public Buildings Law; to
				  award emergency contracts under Section 9  of the Public Buildings Law; to award
				  emergency contracts for professional services under Section 136-a  of the State
				  Finance Law; and to award emergency contracts for commodities, services,
				  technology, and materials pursuant to Section 163  of the State Finance
				  Law;
Section 136-a  of the State Finance Law, to the extent that
				  the Commissioner of Transportation or the Commissioner of General Services
				  determines it necessary to combine design and construction services in one
				  contract and/or to obtain design and construction inspection services;
Section 163  of the State Finance Law and Article 4-C of the
				  Economic Development Law, to the extent of allowing the Commissioner of
				  Transportation, the Commissioner of General Services, or the Commissioner of
				  the Division of Homeland Security and Emergency Services to purchase necessary
				  commodities, services, technology, and materials without following the standard
				  notice and procurement processes;
Article 8 of the Environmental Conservation Law, and Part 15
				  of Title 17 and Part 617 of Title 6 of the New York Code of Rules and
				  Regulations, to the extent that the Commissioner of Transportation, the
				  Commissioner of General Services, or the Commissioner of the Division of
				  Homeland Security and Emergency Services determines that work is immediately
				  necessary for the replacement, rehabilitation, or reconstruction of structures;
				  and
Part F of Chapter 60 of the Laws of 2015, and Part RRR of
				  Chapter 59 of the Laws of 2017, to the extent of allowing the Commissioner of
				  Transportation or the Commissioner of General Services to award design-build
				  and best value contracts without following the proscribed procurement
				  process.
Signed: Andrew M. Cuomo
Dated: February 4, 2021
Executive Order No. 198.14
Continuing the Declaration of Disaster Emergency in the
				  Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St. Lawrence,
				  and Wayne.
WHEREAS, pursuant to Executive Order 198, a disaster was
				  declared within the counties of Cayuga, Jefferson, Monroe, Niagara, Orleans,
				  Oswego, St. Lawrence, and Wayne due to extensive flooding, widespread erosion,
				  and water damage that caused significant damage to homes and other residential
				  structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
				  St. Lawrence River continue to be of concern as a cause of flooding, widespread
				  erosion, and water damage, which continues to jeopardize infrastructure,
				  coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
				  Commission has identified high-priority projects that were urgently needed, and
				  continued to be needed to protect homes, businesses, and critical
				  infrastructure; to sustainably maintain safe navigation channels; and to
				  address the immediate and long-term resiliency of communities along Lake
				  Ontario and the St. Lawrence River.
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of
				  New York, by virtue of the authority vested in me by the Constitution and the
				  Laws of the State of New York, do hereby extend the state disaster emergency
				  declared pursuant to Executive Order No. 198 and all of its terms, conditions,
				  directives, and temporary suspensions of identified provisions from the date
				  that such disaster emergency was declared pursuant to Executive Order No. 198
				  through 198.13 until April 4, 2021, and will further includes the following
				  suspensions/modifications:
* Section 8  of the Public Buildings Law shall be suspended,
				  to the extent the Commissioner of General Services determines it necessary to
				  authorize the award of contracts to open up navigation channels for public use
				  on non-State property.
* In addition, the suspension of Section 9 (2) and (4)  of the
				  Public Buildings Law is modified to allow the award of emergency contracts
				  exceeding One Million Five Hundred Thousand Dollars.
Signed: Andrew M. Cuomo
Dated: March 5, 2021
Executive Order No. 198.15
Continuing the Declaration of Disaster Emergency in the
				  Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St. Lawrence,
				  and Wayne.
WHEREAS, pursuant to Executive Order 198, a disaster was
				  declared within the counties of Cayuga, Jefferson, Monroe, Niagara, Orleans,
				  Oswego, St. Lawrence, and Wayne due to extensive flooding, widespread erosion,
				  and water damage that caused significant damage to homes and other residential
				  structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
				  St. Lawrence River continue to be of concern as a cause of flooding, widespread
				  erosion, and water damage, which continues to jeopardize infrastructure,
				  coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
				  Commission has identified high-priority projects that were urgently needed, and
				  continued to be needed to protect homes, businesses, and critical
				  infrastructure; to sustainably maintain safe navigation channels; and to
				  address the immediate and long-term resiliency of communities along Lake
				  Ontario and the St. Lawrence River.
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of
				  New York, by virtue of the authority vested in me by the Constitution and the
				  Laws of the State of New York, do hereby extend the state disaster emergency
				  declared pursuant to Executive Order No. 198 and all of its terms, conditions,
				  directives, and temporary suspensions of identified provisions from the date
				  that such disaster emergency was declared pursuant to Executive Order No. 198
				  through 198.13 until May 4, 2021, and will further includes the following
				  suspensions/modifications:
* Section 8  of the Public Buildings Law shall be suspended,
				  to the extent the Commissioner of General Services determines it necessary to
				  authorize the award of contracts to open up navigation channels for public use
				  on non-State property.
* In addition, the suspension of Section 9 (2) and (4)  of the
				  Public Buildings Law is modified to allow the award of emergency contracts
				  exceeding One Million Five Hundred Thousand Dollars.
Signed: Andrew M. Cuomo
Dated: April 4, 2021
Executive Order No. 198.16
Continuing the Declaration of Disaster Emergency in the
				  Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St. Lawrence,
				  and Wayne.
WHEREAS, pursuant to Executive Order 198, a disaster was
				  declared within the counties of Cayuga, Jefferson, Monroe, Niagara, Orleans,
				  Oswego, St. Lawrence, and Wayne due to extensive flooding, widespread erosion,
				  and water damage that caused significant damage to homes and other residential
				  structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
				  St. Lawrence River continue to be of concern as a cause of flooding, widespread
				  erosion, and water damage, which continues to jeopardize infrastructure,
				  coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
				  Commission has identified high-priority projects that were urgently needed, and
				  continued to be needed to protect homes, businesses, and critical
				  infrastructure; to sustainably maintain safe navigation channels; and to
				  address the immediate and long-term resiliency of communities along Lake
				  Ontario and the St. Lawrence River.
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of
				  New York, by virtue of the authority vested in me by the Constitution and the
				  Laws of the State of New York, do hereby extend the state disaster emergency
				  declared pursuant to Executive Order No. 198 and all of its terms, conditions,
				  directives, and temporary suspensions of identified provisions from the date
				  that such disaster emergency was declared pursuant to Executive Order No. 198
				  through 198.13 until June 3, 2021, and will further includes the following
				  suspensions/modifications:
* Section 8  of the Public Buildings Law shall be suspended,
				  to the extent the Commissioner of General Services determines it necessary to
				  authorize the award of contracts to open up navigation channels for public use
				  on non-State property.
* In addition, the suspension of Section 9 (2) and (4)  of the
				  Public Buildings Law is modified to allow the award of emergency contracts
				  exceeding One Million Five Hundred Thousand Dollars.
Signed: Andrew M. Cuomo
Dated: May 4, 2021
Executive Order No. 198.17
Continuing the Declaration of Disaster Emergency in the
				  Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St. Lawrence,
				  and Wayne.
WHEREAS, pursuant to Executive Order 198, a disaster was
				  declared within the counties of Cayuga, Jefferson, Monroe, Niagara, Orleans,
				  Oswego, St. Lawrence, and Wayne due to extensive flooding, widespread erosion,
				  and water damage that caused significant damage to homes and other residential
				  structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
				  St. Lawrence River continue to be of concern as a cause of flooding, widespread
				  erosion, and water damage, which continues to jeopardize infrastructure,
				  coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
				  Commission has identified high-priority projects that were urgently needed, and
				  continued to be needed to protect homes, businesses, and critical
				  infrastructure; to sustainably maintain safe navigation channels; and to
				  address the immediate and long-term resiliency of communities along Lake
				  Ontario and the St. Lawrence River.
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of
				  New York, by virtue of the authority vested in me by the Constitution and the
				  Laws of the State of New York, do hereby extend the state disaster emergency as
				  set forth in Executive Order 198 and continue the terms, conditions, and
				  suspensions contained in Executive Order No. 198 through 198.16 until July 3,
				  2021.
Signed: Andrew M. Cuomo
Dated: June 3, 2021
Executive Order No. 198.18
Continuing the Declaration of Disaster Emergency in the
				  Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St. Lawrence,
				  and Wayne.
WHEREAS, pursuant to Executive Order 198, a disaster was
				  declared within the counties of Cayuga, Jefferson, Monroe, Niagara, Orleans,
				  Oswego, St. Lawrence, and Wayne due to extensive flooding, widespread erosion,
				  and water damage that caused significant damage to homes and other residential
				  structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
				  St. Lawrence River continue to be of concern as a cause of flooding, widespread
				  erosion, and water damage, which continues to jeopardize infrastructure,
				  coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
				  Commission has identified high-priority projects that were urgently needed, and
				  continued to be needed to protect homes, businesses, and critical
				  infrastructure; to sustainably maintain safe navigation channels; and to
				  address the immediate and long-term resiliency of communities along Lake
				  Ontario and the St. Lawrence River.
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of
				  New York, by virtue of the authority vested in me by the Constitution and the
				  Laws of the State of New York, do hereby extend the state disaster emergency as
				  set forth in Executive Order 198 and continue the terms, conditions, and
				  suspensions contained in Executive Order No. 198 through 198.17 until August 2,
				  2021.
Signed: Andrew M. Cuomo
Dated: July 3, 2021
Executive Order No. 198.19
Continuing the Declaration of Disaster Emergency in the
				  Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St. Lawrence,
				  and Wayne.
WHEREAS, pursuant to Executive Order 198, a disaster was
				  declared within the counties of Cayuga, Jefferson, Monroe, Niagara, Orleans,
				  Oswego, St. Lawrence, and Wayne due to extensive flooding, widespread erosion,
				  and water damage that caused significant damage to homes and other residential
				  structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
				  St. Lawrence River continue to be of concern as a cause of flooding, widespread
				  erosion, and water damage, which continues to jeopardize infrastructure,
				  coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
				  Commission has identified high-priority projects that were urgently needed, and
				  continued to be needed to protect homes, businesses, and critical
				  infrastructure; to sustainably maintain safe navigation channels; and to
				  address the immediate and long-term resiliency of communities along Lake
				  Ontario and the St. Lawrence River.
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of
				  New York, by virtue of the authority vested in me by the Constitution and the
				  Laws of the State of New York, do hereby extend the state disaster emergency as
				  set forth in Executive Order 198 and continue the terms, conditions, and
				  suspensions contained in Executive Order No. 198 through 198.18 until September
				  1, 2021.
Signed: Andrew M. Cuomo
Dated: August 2, 2021