New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 9 - Executive Orders (Kathy Hochul) › Section 9.108 - Executive Order No. 108: Declaring a Disaster Emergency in Several Counties of New York State

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on July 10, 2023, and continuing thereafter,
					 severe thunderstorms have created hazardous conditions in New York State posing
					 an imminent danger to public transportation, utility service, public health,
					 and public safety systems in counties throughout the State;
WHEREAS, the storms are producing torrential downpours,
					 high winds, and flash flooding, resulting in downed trees, road closures,
					 travel disruptions, power outages, and damage to public and private property
					 throughout the State, which pose a threat to the public health and
					 safety;
NOW, THEREFORE, I, KATHY HOCHUL, Governor of the State of
					 New York, by virtue of 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, do hereby
					 find that a disaster is occurring for which the affected local governments are
					 unable to respond adequately. Therefore, I hereby continue the State Disaster
					 Emergency in Ontario and Orange Counties, as declared in Executive Order No.
					 29, and declare a State Disaster Emergency effective July 10, 2023, for the
					 Counties of Albany, Broome, Cayuga, Chemung, Chenango, Clinton, Columbia,
					 Cortland, Delaware, Dutchess, Essex, Franklin, Fulton, Hamilton, Herkimer,
					 Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Oneida, Onondaga,
					 Oswego, Otsego, Putnam, Rensselaer, Rockland, St Lawrence, Saratoga,
					 Schenectady, Schoharie, Schuyler, Seneca, Steuben, Sullivan, Tioga, Tompkins,
					 Ulster, Warren, Washington, Wayne, Westchester, and Yates. This Executive Order
					 shall be in effect through August 9, 2023; 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 July 10, 2023, 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)(l)(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 ensure that
					 crews can clear vital roadways and hasten the movement of utility power
					 restoration crews into New York State;
FURTHER, by virtue of the authority vested in me by
					 Section 29-a of Article 2-B of the Executive Law, I hereby temporarily suspend
					 or modify, for the period from the date of this Executive Order through August
					 9, 2023, the following laws to the extent necessary to respond immediately and
					 adequately to protect public health and safety due to the aforementioned
					 emergency:
* Section 112  of the State Finance Law, to the extent
					 consistent with Article V, Section
					 I of the State Constitution, and to the extent
					 necessary to add additional work, sites and time to State contracts;
(L.S.) GIVEN undermyhand and the Privy Seal of the State
					 in the City of Albany this tenth day of July in the year two thousand
					 twenty-three. B
BY THE GOVERNOR
/S/ Kathy Hochul
/s/ Karen Persichilli Keogh
Secretary to the Governor