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 8.31 - Executive Order No. 31: Declaring a Disaster in the Counties of Albany, Columbia, Delaware, Dutchess, Greene, Orange, Putnam, Rensselaer, Richmond, Rockland, Sullivan, Ulster and Westchester, and Contiguous Areas

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, beginning on October 29, 2011, and continuing
					 thereafter, a Nor'easter has disrupted vital public transportation, utility
					 service, and threatens public health and public safety systems within the
					 Counties of Albany, Columbia, Delaware, Dutchess, Greene, Orange, Putnam,
					 Rensselaer, Richmond, Rockland, Sullivan, Ulster and Westchester, and
					 contiguous areas; and
WHEREAS, this event has caused widespread power outages,
					 downed trees, damage to homes and businesses, and may result in personal
					 hardships, significant flooding, hamper the movement of medical personnel,
					 strand motorists and travelers, and will continue to pose a 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 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 October 29, 2011, within the
					 territorial boundaries of the Counties of Albany, Columbia, Delaware, Dutchess,
					 Greene, Orange, Putnam, Rensselaer, Richmond, Rockland, Sullivan, Ulster and
					 Westchester, 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 October 29, 2011, 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 State
					 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
					 American Red Cross and other State agencies as necessary, 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 hasten
					 the movement of utility power restoration crews into New York State.
IN ADDITION, 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 any parts thereof, of any agency during a State Disaster
					 Emergency, if compliance with such provisions would prevent, hinder or delay
					 any action necessary to cope with the disaster, I hereby temporarily suspend,
					 for the period from the date of this Executive Order until further notice, the
					 following laws:
Sections 375, 385, and 401  of the Vehicle and Traffic Law,
					 to the extent that exemption from the vehicle registration, equipment, and
					 dimension requirements for vehicles validly registered in other jurisdictions
					 is necessary to assist in disaster preparedness and recovery efforts.
FURTHER, I have designated Andrew X. Feeney, Director of
					 the State Office of Emergency Management as the State Coordinating Officer for
					 this event.
Signed: Andrew M. Cuomo
Dated: October 30, 2011