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 8.138 - Executive Order No. 138: Temporary Suspension of Provisions Relating to Transportation Infrastructure Recovery for the State Disaster Emergency

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on November 18, 2014, I issued Executive Order
					 Number 137 declaring a disaster emergency in the Counties of Cattaraugus,
					 Chautauqua, Erie, Franklin, Genesee, Herkimer, Jefferson, Lewis, Oswego,
					 Wyoming, and contiguous counties;
NOW, THEREFORE, 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 cope with the
					 disaster, hereby temporarily suspend, for the period from the date of this
					 Executive Order until further notice, the following laws:
Section 38 (1) (2) and (3)  of the Highway Law and Article
					 4-C of the Economic Development Law, in the event that the Commissioner of
					 Transportation determines it is 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; and
Section 9 (2) and (4)  of the Public Buildings Law, to the
					 extent the Commissioner of General Services determines it is 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 three hundred thousand dollars; and
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 or Commissioner of General
					 Services determines it is necessary to add additional work, sites and time to
					 State contracts or award emergency contracts to 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; and
Section 136-a  of the State Finance Law, to the extent that
					 the Commissioner of Transportation or 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;
					 and
Section 163  of the State Finance Law, to the extent of
					 allowing the Commissioner of Transportation or the Commissioner of General
					 Services to purchase necessary commodities, services, technology and materials
					 without following the standard procurement processes; and
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 or
					 Commissioner of General Services determines that work is immediately necessary
					 for the replacement, rehabilitation, or reconstruction of structures;
					 and
Part F of Chapter 56 of the Laws of 2011, to the extent of
					 allowing the Commissioner of Transportation to award design-build and best
					 value contracts without following the proscribed procurement process.
Signed: Andrew M. Cuomo
Dated: November 20, 2014