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 8.128 - Executive Order No. 128: Declaring a Disaster in the Counties of Albany, Clinton, Cortland, Essex, Franklin, Fulton, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, Warren, Washington and Contiguous Area

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, beginning on February 13, 2014 and continuing
					 thereafter, a strong winter storm began to impact New York State, and poses an
					 imminent danger to vital public transportation, utility service, and public
					 health and public safety systems within the counties of Bronx, Columbia,
					 Dutchess, Greene, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond,
					 Rockland, Suffolk, Ulster, Westchester and contiguous areas; and
WHEREAS, this winter storm is predicted to produce wet,
					 heavy snowfall amounts in excess of one foot, sleet, wind gusts in excess of 50
					 MPH, and hazardous driving conditions, and these conditions may cause
					 widespread power outages, roadway closures, damage to homes and businesses and
					 public and private property, may result in moderate to severe coastal erosion,
					 and will continue to pose a threat to the public health and safety; and
WHEREAS, beginning in December 2013, a series of strong
					 winter storms have affected the State and depleted local resources, such as
					 road salt, which are crucial to adequately managing this storm; and
WHEREAS, on February 13, 2014 I issued Executive Order
					 Number 127 declaring a disaster emergency in the counties of Bronx, Columbia,
					 Dutchess, Greene, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond,
					 Rockland, Suffolk, Ulster, Westchester and contiguous areas; and
WHEREAS, beginning on February 13, 2014 and continuing
					 thereafter, the same winter storm poses an imminent danger to vital public
					 transportation, utility service, and public health and public safety systems
					 within the additional counties of Albany, Clinton, Cortland, Essex, Franklin,
					 Fulton, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego,
					 Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, Warren, Washington
					 and contiguous areas;
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 is imminent
					 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 do
					 hereby amend Executive Order Number 127 declare a State Disaster Emergency
					 effective February 13, 2014 within the territorial boundaries of the additional
					 counties of Albany, Clinton, Cortland, Essex, Franklin, Fulton, Jefferson,
					 Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Rensselaer, Saratoga,
					 Schenectady, Schoharie, St. Lawrence, Warren, Washington and contiguous areas;
					 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 February 13, 2014, the State Office of
					 Emergency Management, the Department of Health, the Department of
					 Transportation, the State Police, the Division of Military and Naval Affairs,
					 the Department of Environmental Conservation, the State Department of
					 Correctional Services, 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 in order to ensure
					 that snow removal crews can clear vital roadways and hasten the movement of
					 utility power restoration crews into New York State.
FURTHER, I have designated Jerome M. Hauer, Commissioner of
					 the Division of Homeland Security and Emergency Services, as the State
					 Coordinating Officer for this event.
Signed: Andrew M. Cuomo
Dated: February 13, 2014