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 8.178 - Executive Order No. 178: Declaring a Disaster in the Counties of Dutchess, Putnam, Sullivan, and Westchester, and their Contiguous Areas

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on March 2, 2018, a Nor'easter created hazardous
					 conditions impacting New York State. Snowfall totals included up to 40 inches
					 with wind speeds up to 50 miles per hour. This storm impacted New York State
					 and continues to pose an imminent danger to vital public transportation,
					 utility service, and public health and public safety systems within the
					 counties of Dutchess, Putnam, Sullivan, and Westchester, and their contiguous
					 areas; and
WHEREAS, this winter event caused widespread power outages
					 throughout Dutchess, Putnam, Sullivan, Westchester, and surrounding counties,
					 travel disruptions and road closures, uprooted trees, coastal and localized
					 flooding, damage to homes, apartments, businesses, and public and private
					 property, and continues to pose a threat to the public health and safety;
					 and
WHEREAS, the continued loss of power to over 182,000
					 customers adversely affects a variety of critical systems including
					 communications services, and such sustained disruption of the power supply and
					 its cascading damage to other critical systems, as well as the continued
					 prevalence of downed utility lines, and has jeopardized the health and safety
					 of New Yorkers;
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 March 4, 2018 within the
					 territorial boundaries of the counties of Dutchess, Putnam, Sullivan,
					 Westchester, and their contiguous areas. This Executive Order shall be in
					 effect until March 17, 2018; 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 March 4, 2018, 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)(i)(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 into New York State.
FURTHER, I have designated Roger Parrino, 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 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 Executive Order
					 through March 17, 2018, the following laws:
Section 359-a and Section 2879  of the Public Authorities
					 Law to the extent of allowing the New York State Thruway Authority to purchase
					 necessary goods and services without following the standard procurement
					 processes;
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;
Section 359-a and Sections 2879  of the Public Authorities
					 Law to the extent of allowing the New York State Thruway Authority to purchase
					 necessary goods and services without following the standard procurement
					 processes;
Sections 375, 385 and 401  of the Vehicle and Traffic Law,
					 to the extent that exemption for vehicles validly registered in other
					 jurisdictions from the vehicle registration, equipment and dimension
					 requirements is necessary to assist in disaster preparedness and recovery
					 efforts;
Part F of Chapter 60 of the Laws of 2015, and Chapter 596
					 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, actions pursuant to this emergency necessary for
					 the replacement, rehabilitation, or reconstruction of structures are Type II
					 actions not subject to further review under Article 8 of the Environmental
					 Conservation Law pursuant to 6 NYCRR Part 617.5(c)(33).
FURTHER, I hereby temporarily modify, for the period from
					 the date of this Executive Order through March 17, 2018, 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; and Section 107.1 of Title 21 of the New York
					 Codes, Rules and Regulations, to the extent necessary to provide the Governor
					 with the authority to regulate traffic and the movement of vehicles on roads,
					 highways, and streets.
Signed: Andrew M. Cuomo
Dated: March 4, 2018
Executive Order No. 178.1
Declaring a Disaster Emergency in the County of
					 Rockland and Continuing the Disaster Emergency in Dutchess, Putnam, Sullivan,
					 and Westchester Counties.
WHEREAS, pursuant to Executive Order No. 178, a disaster
					 has heretofore been declared due to a Nor'easter which caused widespread power
					 outages throughout Dutchess, Putnam, Sullivan, Westchester and surrounding
					 counties, travel disruptions and road closures, uprooted trees, damage to
					 homes, apartments, businesses, and public and private property;
WHEREAS, a second Nor'easter with sustained winds of 30
					 miles per hour to 35 miles per hour with gusts of 40 miles per hour affected
					 the Mid-Hudson Valley Region, dropping more than 20 inches of heavy, wet snow
					 in the region, at times falling at a rate of 3 inches per hour. The impact of
					 this storm worsened existing conditions due to heavy snow loads on roofs, power
					 lines and trees; and
WHEREAS, the continued loss of power to more than 38,000
					 customers adversely affects a variety of critical systems including
					 communications services, and such sustained disruption of the power supply and
					 its cascading damage to other critical systems, as well as the continued
					 prevalence of downed utility lines, have jeopardized the health and safety of
					 New Yorkers.
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 178 to
					 include the county of Rockland beginning on March 9, 2018. This Executive Order
					 shall be in effect until March 23, 2018.
Signed: Andrew M. Cuomo
Dated: March 9, 2018