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 8.193 - Executive Order No. 193: Declaring a Disaster in the Counties of Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saint Lawrence, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, and Yates

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on January 19, 2019, and continuing thereafter, a
					 severe winter storm is anticipated to impact New York State and poses an
					 imminent danger to vital public transportation, utility service, public health,
					 and public safety systems within the counties of Albany, Allegany, Bronx,
					 Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia,
					 Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene,
					 Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe,
					 Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange,
					 Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saint
					 Lawrence, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Suffolk,
					 Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester,
					 Wyoming, and Yates.
WHEREAS, this winter storm is forecasted to produce
					 snowfall amounts of up to 25 inches, at a rate of one to two inches per hour,
					 wind gusts of up to 35 miles per hour, ice and freezing rain, and artic
					 temperatures with the potential to cause widespread power outages and road
					 closures, travel disruptions, and damage to public and private property
					 throughout the impacted areas, and therefore poses an immediate threat to the
					 public health and safety.
NOW, THEREFORE, I, ANDREW M. CUOMO, 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
					 find that a disaster is imminent for which the affected local governments are
					 unable to respond adequately. Therefore, I hereby declare a State Disaster
					 Emergency effective January 19, 2019 within the territorial boundaries of the
					 counties of Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua,
					 Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie,
					 Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings,
					 Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara,
					 Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens,
					 Rensselaer, Richmond, Rockland, Saint Lawrence, Saratoga, Schenectady,
					 Schoharie, Schuyler, Seneca, Steuben, Suffolk, Sullivan, Tioga, Tompkins,
					 Ulster, Warren, Washington, Wayne, Westchester, Wyoming, and Yates. This
					 Executive Order shall be in effect until February 2, 2019; 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 January 19, 2019, 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 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.
FURTHER, I have designated Roger Parrino, Commissioner of
					 the Division of Homeland Security and Emergency Services, as the State
					 Coordinating Officer for this event.
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 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, 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 this Executive
					 Order through February 2, 2019, the following laws:
Section 38 (1) (2) and (3)  of the Highway Law and Article
					 4-C of the Economic Development Law, to the extent that the Commissioner of
					 Transportation determines it necessary to authorize the award of emergency
					 contracts and/or to combine design and construction services in contracts and
					 to use such services when needed;
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
					 I 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 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;
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; and
Part F of Chapter 60 of the Laws of 2015, and Chapter 59 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 February 2, 2019, 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; Section 19-107(ii) of the New York City
					 Administrative Code; 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: January 19, 2019