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 9.119 - Executive Order No. 119: Declaring a Disaster Emergency in the State of New York

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, pursuant to sections 362 and 365 the Public Health
					 Services Act ( 42 U.S.C §§ 362 and 365, and the implementing
					 regulation at 42 C.F.R.
					 §
											71.40, on August 2, 2021 the Director
					 of the United States Center for Disease Control ("CDC") issued a Public Health
					 Reassessment and Order Suspending the Right to Introduce Certain Person from
					 Countries Where a Quarantinable Communicable Disease Exists (the "Title 42
					 Order");
WHEREAS, the Title 42 Order prohibits migration into the
					 United States by "covered noncitizens" traveling from Canada or Mexico
					 (regardless of their country of origin) who would otherwise be introduced into
					 a congregate setting in a port of entry or U.S. Border Patrol station at or
					 near the U.S. land and adjacent coastal borders;
WHEREAS, even with the Title 42 Order in place, large
					 numbers of migrants with immediate housing and service needs have arrived in
					 the City and State of New York over the first few months of the year: as of
					 May, the City of New York, alone, was providing temporary housing for 36,738
					 migrants from the southern border, a number that had increased by 12,279
					 individuals since January 2023; including by an additional 1,578 individuals in
					 just a week.
WHEREAS, since the expiration of the Title 42 Order on May
					 11, 2023, thousands of additional people have sought shelter in New York, with
					 New York City alone currently being responsible for sheltering more than 64,000
					 migrants;
WHEREAS, federal support is critical to support the City of
					 New York and other local governments within the State that lack the
					 infrastructure, facilities, and resources necessary to meet the immediate
					 humanitarian demand to house and meet other basic needs of the large numbers of
					 migrant arrivals; and
WHEREAS, the arrival of increased numbers of migrants
					 seeking shelter in the City and State of New York is expected to exacerbate an
					 already large-scale humanitarian crisis and create a disaster emergency to
					 which local governments are unable to adequately respond, creating a threat to
					 health and safety, which could result in the loss of life or property;
					 and
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
					 extend the State Disaster Emergency as declared in Executive Order 28 and its
					 successors, and do hereby continue the terms, conditions, and suspensions
					 contained in Executive Order 28 and its successors, until November 21,
					 2023.
IN ADDITION, 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 any statute, local law, ordinance, order, rule, or regulation, or parts
					 thereof, of any agency during a State disaster emergency, if compliance with
					 such statute, local law, ordinance, order, rule, or regulation would prevent,
					 hinder, or delay action necessary to cope with the disaster emergency or if
					 necessary to assist or aid in coping with such disaster, I hereby temporarily
					 suspend or modify for the period from the date of this Executive Order until
					 November 21, 2023, the following:
* The State Uniform Fire Prevention and Building Code; the
					 State Energy Conservation Construction Code; the New York City Construction
					 Codes; the New York City Fire Code; the State Sanitary Code and any and all
					 local sanitary codes; and all state and local laws, ordinances, rules,
					 regulations, and codes relating to administration and enforcement of the
					 foregoing, to the extent necessary to allow, upon approval by an approved state
					 construction-permitting agency, and subject to such terms and conditions as the
					 state construction-permitting agency may prescribe, the use and occupancy of
					 the Creed-more Psychiatric Center in Queens County to serve as temporary living
					 quarters.
(L.S.) GIVEN under my hand and the Privy Seal of the State
					 in the City of Albany this twenty-third day of October in the year two thousand
					 twenty-three.
BY THE GOVERNOR
/S/ Kathy Hochul
Secretary to the
					 Governor