New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.165 - Executive Order No. 165: Declaring a Disaster Emergency Within the Territorial Boundaries of the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Lawrence, and Wayne

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, high water levels in Lake Ontario and Saint
					 Lawrence River, due to above average precipitation and snow melt throughout the
					 month of April and into May 2017 and projected to continue thereafter, have
					 resulted in coastal flooding, widespread erosion, and water damage to
					 structures and infrastructure, posing an imminent danger to public health and
					 public safety systems within the counties of Cayuga, Jefferson, Monroe,
					 Niagara, Orleans, Oswego, Saint Lawrence, and Wayne; and
WHEREAS, this event has caused widespread coastal flooding
					 and erosion in the affected areas, damage to homes, apartments, businesses, and
					 public and private property, and continues to pose a threat to the public
					 health and safety;
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 has occurred
					 for which the affected 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
					 declare a State Disaster Emergency, effective May 2, 2017, within the
					 territorial boundaries of the counties of Cayuga, Jefferson, Monroe, Niagara,
					 Orleans, Oswego, Saint Lawrence, and Wayne; and
FURTHER, pursuant to Section 29 of Article 2-B of the
					 Executive Law, I direct the implementation of the State Comprehensive Emergency
					 Management Plan and authorize, effective May 2, 2017, 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 State University of New York, 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 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 utility power restoration crews, as needed, into the counties of
					 Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Lawrence, and
					 Wayne.
FURTHER, I hereby declare that such actions taken as a
					 result of the emergency shall be exempted from the requirements of Article 8 of
					 the Environmental Conservation Law and 6 NYCRR Part 617.
FURTHER, I have designated John Melville, Commissioner of
					 the Division of Homeland Security and Emergency Services, as the State
					 Coordinating Officer for this event.
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 or modify 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, hereby temporarily suspend, for the period from the date that the
					 disaster emergency was declared pursuant to this Executive Order until June 2,
					 2017, the following laws:
Sections 38 (1) (2) and (3)  of the Highway Law and Article
					 4-C of the Economic Development 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;
Sections 9 (2) and (4)  of the Public Buildings Law and
					 Article 4-C of the Economic Development 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 award leases for
					 relocation and support of State operations under Public Buildings Law Section
					 3, to award emergency contracts under Public Buildings Law Section 9, 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; and
Part F of Chapter 60 of the Laws of 2015, as amended by
					 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.
FURTHER, I hereby temporarily modify, for the period from
					 the date that the disaster emergency was declared pursuant to this Executive
					 Order until June 2, 2017, the following laws:
Section 24  of the Executive Law; Sections 104 and 346  of
					 the Highway Law; Sections 1602, 1630, 1640, 1650, and 1660  of the Vehicle and
					 Traffic Law; Section 14 (16)  of the Transportation Law; Sections 6-602 and
					 17-1706  of the Village Law; Section 20 (32)  of the General City Law; Section 91 
					 of Second Class Cities Law, to the extent necessary to provide the Governor
					 with the authority to regulate traffic and the movement of vehicles on roads,
					 highways, and streets as needed.
Signed: Andrew M. Cuomo
Dated: May 2, 2017
Executive Order No. 165.1
Declaring a Disaster Emergency Within the Territorial
					 Boundaries of the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans,
					 Oswego, Saint Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order No. 165, a disaster
					 has heretofore been declared in the Counties bordering Lake Ontario and the
					 Saint Lawrence River due to coastal flooding, widespread erosion, and water
					 damage to structures and infrastructure resulting from above average
					 precipitation and snow melt throughout the months of April and May 2017;
					 and
WHEREAS, the recreational boating season has commenced,
					 increasing the amount of vessels upon the waters of Lake Ontario and the Saint
					 Lawrence River; and
WHEREAS, due to the extreme high water levels on these
					 waters and the conditions created by such high water levels, vessels travelling
					 at any speeds greater than five (5) miles per hour within six hundred (600)
					 feet of shore would be acting without reasonable and prudent regard for actual
					 and present hazards, including but not limited to excessive floating detritus
					 in the water caused by flood conditions; docks, break walls, and other items
					 that are typically clearly visible, but that are now submerged; and damage to
					 shoreline and property exposed to high water caused by excessive wakes;
					 and
WHEREAS, pursuant to the Navigation Law of the State of New
					 York, the Commissioner of Parks, Recreation and Historic Preservation has the
					 authority to administer the provisions of the Navigation Law, including but not
					 limited to the limitations on the speed at which vessels may be operated in the
					 navigable waters of the State.
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 amend Executive Order 165 by
					 modifying those sections of the Navigation Law, including but not limited to
					 Section 45(1)(b), and the regulations promulgated thereunder, so as to provide
					 specific authority and direction to the Commissioner of Parks, Recreation and
					 Historic Preservation to establish during the continuation of this emergency
					 speed limits of five (5) miles per hour within six hundred (600) feet of shore
					 in the affected counties where she deems it appropriate and necessary.
FURTHER, I hereby extend all of the terms, conditions and
					 directives of Executive Order No. 165 for the period from the date that the
					 disaster emergency was declared pursuant to said Executive Order until July 2,
					 2017.
Signed: Andrew M. Cuomo
Dated: May 29, 2017
Executive Order No. 165.2
Continuing the Declaration of a Disaster in the
					 Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint
					 Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order No. 165, a disaster
					 has heretofore been declared in the Counties bordering Lake Ontario and the
					 Saint Lawrence River due to coastal flooding, widespread erosion and water
					 damage to structures and infrastructures, and
WHEREAS, pursuant to Executive Order No. 165.1,
					 modifications were made to Executive Order No. 165 to provide specific
					 authority and direction to the Commissioner of Parks, Recreation and Historic
					 Preservation to establish speed limits of five (5) miles per hour within six
					 hundred (600) feet of shore in the affected counties where she deems it
					 appropriate and necessary, and to extend to July 2, 2017 the provisions of
					 Executive Order No. 165, and
WHEREAS, waters in Lake Ontario and the Saint Lawrence
					 River remain 30 inches higher than the same time last year and 28 inches higher
					 than the long-term monthly average for June at 248.56 feet, and
WHEREAS, these high waters continue to pose an imminent
					 threat to public health and public safety systems within the counties of
					 Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Lawrence, and Wayne,
					 and
WHEREAS, the dangers presented by vessels traveling at
					 speeds greater than five (5) five miles per hour within six hundred (600) feet
					 of shore and widespread erosion and damages to homes, apartments, businesses
					 and public and private property continue to be a threat to public health and
					 safety.
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 all of the terms,
					 conditions and directives of Executive Order Nos. 165 and 165.1 for the period
					 from the date that the disaster emergency was declared pursuant to Executive
					 Order No. 165 until August 2, 2017.
Signed: Andrew M. Cuomo
Dated: June 30, 2017
Executive Order No. 165.3
Continuing the Declaration of a Disaster Emergency
					 within the Territorial Boundaries of the Counties of Cayuga, Jefferson, Monroe,
					 Niagara, Orleans, Oswego, Saint Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order No. 165, a disaster
					 has heretofore been declared in the counties bordering Lake Ontario and the
					 Saint Lawrence River due to coastal flooding, widespread erosion and water
					 damage to structures and infrastructure, and
WHEREAS, pursuant to Executive Order No. 165.1,
					 modifications were made to Executive Order No. 165 to provide specific
					 authority and direction to the Commissioner of Parks, Recreation and Historic
					 Preservation to establish speed limits of five (5) miles per hour within six
					 hundred (600) feet of shore in the affected counties where she deems it
					 appropriate and necessary and to extend until July 2, 2017 the provisions of
					 Executive Order No. 165, and
WHEREAS, pursuant to Executive Order No. 165.2, the
					 provisions of Executive Order Nos. 165 165.1 were extended until August 2,
					 2017, because high waters and the dangers presented by vessels traveling at
					 speeds greater than five (5) miles per hour within six hundred (600) feet of
					 shore continued to pose an imminent threat to public health and public safety
					 systems, and
WHEREAS, these extreme conditions continue to pose an
					 imminent threat to public health and public safety systems within the counties
					 of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Lawrence, and
					 Wayne.
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 all of the terms,
					 conditions and directives of Executive Order Nos. 165 and 165.1 for the period
					 from the date that the disaster emergency was declared pursuant to said
					 Executive Orders until September 2, 2017.
Signed: Andrew M. Cuomo
Dated: August 2, 2017
Executive Order No. 165.4
Continuing the Declaration of a Disaster Emergency
					 within the Territorial Boundaries of the Counties of Cayuga, Jefferson, Monroe,
					 Niagara, Orleans, Oswego, Saint Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order No. 165, a disaster
					 has heretofore been declared in the counties bordering Lake Ontario and the
					 Saint Lawrence River due to coastal flooding, widespread erosion and water
					 damage to structures and infrastructure, and
WHEREAS, pursuant to Executive Order No. 165.1,
					 modifications were made to Executive Order No. 165 to provide specific
					 authority and direction to the Commissioner of Parks, Recreation and Historic
					 Preservation to establish speed limits of five (5) miles per hour within six
					 hundred (600) feet of shore in the affected counties where she deems it
					 appropriate and necessary and to extend until July 2, 2017 the provisions of
					 Executive Order No. 165, and
WHEREAS, pursuant to Executive Order Nos. 165.2 and 165.3,
					 the provisions of Executive Order Nos. 165 and 165.1 were extended until
					 September 2, 2017, because high waters and the dangers presented by vessels
					 traveling at speeds greater than five (5) miles per hour within six hundred
					 (600) feet of shore continued to pose an imminent threat to public health and
					 public safety systems, and
WHEREAS, these extreme conditions continue to pose an
					 imminent threat to public health and public safety systems within the counties
					 of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Lawrence and
					 Wayne.
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 all of the terms,
					 conditions and directives of Executive Order Nos. 165 and 165.1 for the period
					 from the date that the disaster emergency was declared pursuant to said
					 Executive Orders until October 2, 2017.
Signed: Andrew M. Cuomo
Dated: September 1, 2017