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 8.152 - Executive Order No. 152: Temporary Suspension of Provisions Relating to Infrastructure Recovery for the State of Emergency Declaration

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on January 3, 2016, I issued Executive Order
					 Number 151, effective January 5, 2015, to mitigate the threat that inclement
					 winter weather poses to the life, health, and safety of the State's citizens,
					 particularly to persons who are homeless, throughout the State; and
WHEREAS, in order to respond to this emergency, State
					 agencies will need to quickly secure and prepare facilities to assist
					 localities in safely sheltering the homeless from inclement winter weather and
					 provide necessary services at those facilities;
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 specific provisions of any
					 statute, local law, ordinance, orders, rules, or regulations, or parts thereof,
					 of any agency during a State 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 until further notice, the following laws:
Section 9 (2) and (4)  of the Public Buildings Law, to the
					 extent the Commissioner of General Services determines it necessary to
					 authorize the award of emergency contracts and/or to combine design and
					 construction services in contracts and/or to use such contracts and services
					 when needed at a threshold above six hundred thousand dollars;
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 General Services, the Commissioner of the
					 Office of Mental Health, the Commissioner of the Office for People with
					 Developmental Disabilities, the Commissioner of the Office of Children and
					 Family Services, the Commissioner of the Office of Temporary and Disability
					 Assistance, or the commissioner or head or chief executive officer of any other
					 State agency, board, commission, public authority, or public benefit
					 corporation 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 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 General
					 Services, the Commissioner of the Office of Mental Health, the Commissioner of
					 the Office for People with Developmental Disabilities, the Commissioner of the
					 Office of Children and Family Services, the Commissioner of the Office of
					 Temporary and Disability Assistance, or the commissioner or head or chief
					 executive officer of any other State agency, board, commission, public
					 authority, or public benefit corporation to purchase necessary commodities,
					 services, technology and materials without following the standard notice and
					 procurement processes; and
Chapter 359 of the Laws of 1968 (the Facilities Development
					 Corporation Act) to the extent the Executive Director of the Dormitory
					 Authority determines it necessary to authorize the award of contracts to
					 design, construct, acquire, reconstruct, rehabilitate, or improve mental
					 hygiene facilities, health facilities, municipal buildings, or any other
					 authorized facilities, including contracts combining design and construction
					 services in one contract;
Chapter 782 of the Laws of 1966, Chapter 332 of the Laws of
					 1975 and section 6281  of the Education Law to the extent the Executive Director
					 of the Dormitory Authority determines it necessary to authorize the award of
					 contracts to design or construct facilities for the City University of New
					 York, including contracts combining design and construction services in one
					 contract;
Chapter 892 of the Laws of 1971 to the extent the Executive
					 Director of the Dormitory Authority determines it necessary to authorize the
					 award of contracts to design or construct health facilities, including
					 contracts combining design and construction services in one contract;
Chapter 464 of the Law of 1972 to the extent the Executive
					 Director of the Dormitory Authority determines it necessary to authorize the
					 award of contracts to design or construct community college facilities,
					 including contracts combining design and construction services in one contract,
					 or to purchase necessary commodities, services, technology, and materials
					 without following the standard notice and procurement processes;
Sections 1678, 1680, 2879, 2879-a  of the Public Authorities
					 Law to the extent the Executive Director of the Dormitory Authority determines
					 it necessary to authorize the award of contracts to design or construct
					 facilities, including contracts combining design and construction services in
					 one contract and to assist affected local governments, individuals, and other
					 non-State entities in responding to and recovering from the disaster
					 emergency;
Article 8 of the Environmental Conservation Law, and Part
					 15 of Title 17 and Part 617 of Title 6 of the New York Code of Rules and
					 Regulations, to the extent that the Commissioner of General Services, the
					 Commissioner of the Office of Mental Health, the Commissioner of the Office for
					 People with Developmental Disabilities, the Commissioner of the Office of
					 Children and Family Services, the Commissioner of the Office of Temporary and
					 Disability Assistance, or the commissioner or head or chief executive officer
					 of any other State agency, board, commission, public authority, or public
					 benefit corporation determines that work is immediately necessary for the
					 replacement, rehabilitation, or reconstruction of structures; and
Section 97-G  of the State Finance Law, to the extent that
					 the Commissioner of General 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.
Part F of Chapter 60 of the Laws of 2015, to the extent of
					 allowing the Commissioner of General Services and the Dormitory Authority to
					 award design-build and best value contracts without following the proscribed
					 procurement process.
Every State agency, board, commission, public authority,
					 and public benefit corporation is authorized to provide cooperatively to one or
					 more other State agencies, boards, commissions, public authorities or public
					 benefit corporations any facility, service, activity, or undertaking which such
					 State agency, board, commission, public authority, and public benefit
					 corporation shall have the power to provide separately within its respective
					 functions and duties.
Signed: Andrew M. Cuomo
Dated: January 12, 2016