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 8.22 - Executive order no. 22: temporary suspension of provisions relating to agricultural and natural resource infrastructure recovery and the immediate capital needs of local farms affected by the state disaster emergency

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on August 25, 2011, I issued Executive Order
					 Number 17 declaring a State disaster emergency in the Counties of Bronx, Kings,
					 New York, Queens, Richmond, Nassau, Suffolk and contiguous areas in the State
					 of New York; and
WHEREAS, on August 27, 2011 and continuing thereafter,
					 Hurricane Irene and Tropical Storm Lee caused power outages and extensive
					 flooding; damage to homes, businesses, farms and transportation infrastructure;
					 destruction of crops and loss of livestock; and resulted in personal hardships,
					 displacing families, including farm families, in many areas of the State;
					 and
WHEREAS, on September 15, 2011, I issued Executive Order
					 Number 21, amending Executive Order Number 17 to declare a State disaster
					 emergency in additional counties affected by these weather events, including
					 Albany, Broome, Chenango, Chemung, Clinton, Columbia, Delaware, Dutchess,
					 Essex, Greene, Herkimer, Montgomery, Oneida, Orange, Otsego, Putnam,
					 Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Sullivan, Tioga,
					 Ulster, Warren, Washington and Westchester; and
WHEREAS, there is a need to address the devastation to
					 farms caused by these disasters, assist farmers in rehabilitating farmland,
					 prevent further degradation of natural resources through the implementation or
					 repair of Emergency Conservation Best Management Practices, and address the
					 immediate capital needs of farms, including the rehabilitation of farm
					 buildings and the replacement of permanent fixtures and equipment; and
WHEREAS, on September 3, 2011, I announced the creation of
					 an Agricultural and Community Recovery Fund ("ACRF") to help rebuild the
					 agricultural industry in farming areas impacted by these disasters. The ACRF
					 includes moneys from:
(i) the Upstate
				  Agricultural Economic Development Capital Fund for Soil and Water Conservation
				  Districts to assist farmers in rehabilitating farmland damaged by natural
				  disasters and to prevent further degradation of natural resources through the
				  implementation or repair of Emergency Conservation Best Management Practices,
(ii) the Community Development
				  Block Grant program for on-farm operations and capital expenses, and
(iv) such other funds that are made available
				  at any time for purposes of this Order; and
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 and otherwise alter or modify
					 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, herby temporarily suspend or modify, for
					 the period from the date of this Executive Order until further notice, the
					 following laws:
1. Subdivisions (1),
				  (2) and (4) of Section 16-s of Chapter 174 of the Laws of 1968, to the extent
				  that the Commissioner of Agriculture and Markets is authorized to provide
				  financial assistance to soil and water conservation districts, as defined by
				  subdivision (1) of Section 3  of the Soil and Water Conservation Districts Law,
				  for eligible activities as set forth in subdivision (2) of Section 16-s,
				  pursuant to criteria developed by the Commissioner, in the event that the
				  Commissioner determines it necessary to authorize the award of emergency
				  contracts to Soil and Water Conservation Districts;
2. The appropriation language amended and
				  reappropriated by Section 1 of Chapter 54 of the Laws of 2011 for the Upstate
				  Agricultural Economic Development Fund as part of the New York State Urban
				  Development Corporation ("UDC") Capital Projects Reappropriations for
				  2011-2012, to the extent that $5 million of the appropriation from the Upstate
				  Agricultural Economic Development Fund to be suballocated to the Department of
				  Agriculture and Markets and administered by the Commissioner of Agriculture and
				  Markets for the ACRF shall not be subject to a plan submitted by the Chair of
				  the Upstate Empire State Development Corporation and approved by the Director
				  of the Budget;
3. Sections 142 and
				  143  of the Economic Development Law, to the extent that the Commissioner of
				  Agriculture and Markets determines it necessary to waive any requirement to
				  publish, in the State procurement opportunities newsletter or elsewhere, notice
				  of procurement contract opportunities in relation to the provision of funds for
				  Soil and Water Conservation Districts under the ACRF;
4. Subdivision (4-a) of Section 146  of the
				  Executive Law, to the extent that (i) the Commissioner of Agriculture and
				  Markets determines it necessary to waive any requirement to publish, in the
				  State Register or elsewhere, notice of the availability of funds for Soil and
				  Water Conservation Districts under the ACRF, and (ii) the chairperson of the
				  Housing Trust Fund Corporation determines it necessary to waive any requirement
				  to publish, in the State Register or elsewhere, notice of the availability of
				  funds from the Community Block Grant Development program designated under the
				  ACRF;
5. 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 Agriculture and Markets determines it
				  necessary to award emergency contracts;
6. Sections 139-j, 139-k and 163  of the State
				  Finance Law, to the extent of allowing the Commissioner of Agriculture and
				  Markets to purchase necessary commodities and contract for services without
				  following the standard procurement process;
7. Section 21-2100  of the Village Law, to the
				  extent of eliminating the seven-day minimum wait period before a public hearing
				  can be conducted and any other notice requirement, thereby allowing the Housing
				  Trust Fund Corporation and/or eligible applicants to expedite the delivery of
				  Community Development Block Grant funds;
8. Title 21, Chapter L, Part 4243, of the New
				  York Codes, Rules and Regulations, promulgated by the UDC for the Economic
				  Development Fund established pursuant to Section 16-i of the New York State
				  Urban Development Corporation Act, to the extent that the UDC determines it to
				  be necessary to allow for modifications of existing agreements between the UDC
				  and the Essex County Industrial Development Authority in order to provide loans
				  to agricultural businesses located in Essex County and affected by the
				  disasters; and
9. Subdivision (2)
				  of Section 14.09  of the Parks, Recreation and Historic Preservation Law, to the
				  extent of requiring the Commissioner of Parks, Recreation and Historic
				  Preservation to undertake in an expedited fashion the required review as to
				  whether an applicable project may have an adverse impact on any property that
				  is listed on the National Register of Historic Places or on the State Register
				  or is determined to be eligible for the State Register.
Signed: Andrew M. CuomoDated: September 15,
					 2011