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 8.179 - Executive Order No. 179: Declaring a Disaster in the Counties of Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, and Westchester

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on March 21, 2018 and continuing thereafter, a
					 nor'easter began to impact New York State and poses an imminent danger to vital
					 transportation, utility service and public health and safety within the
					 counties of Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland,
					 Suffolk, and Westchester and contiguous areas;
WHEREAS, this winter storm is predicted to produce snowfall
					 amounts in excess of 18 inches and wind gusts up to 45 miles per hour. These
					 conditions may cause widespread power outages and roadway closures, damage to
					 homes, apartments, businesses, public and private property, mild to moderate
					 coastal flooding in low-lying vulnerable areas, and may pose a threat to the
					 public health and safety; and
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 21, 2018 within the
					 territorial boundaries of the counties of Bronx, Kings, Nassau, New York,
					 Putnam, Queens, Richmond, Rockland, Suffolk, and Westchester and contiguous
					 areas. This Executive Order shall be in effect until March 28, 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 21, 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 ensure that
					 snow removal crews can clear vital roadways and hasten the movement of utility
					 power restoration crews into New York State.
IN ADDITION, I have designated Roger Parrino, Commissioner
					 of the Division of Homeland Security and Emergency Services, as the State
					 Coordinating Officer for this event.
FURTHER, 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 28, 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 28, 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 21, 2018