New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 9 - Executive Orders (Kathy Hochul) › Section 9.128 - Executive Order No. 128: Declaring a Disaster Emergency in the Counties of Allegany, Cattaraugus, Cayuga, Chautauqua, Erie, Genesee, Jefferson, Lewis, Livingston, Monroe, Niagara, Ontario, Orleans, Oswego, Wyoming, and Contiguous Counties

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on January 12, 2024, and continuing thereafter, a
					 severe storm system is expected to create hazardous conditions posing an
					 imminent danger to public transportation, utility service, public health, and
					 public safety systems within the counties of Allegany, Cattaraugus, Cayuga,
					 Chautauqua, Erie, Genesee, Jefferson, Lewis, Livingston, Monroe, Niagara,
					 Ontario, Orleans, Oswego, Wyoming, and contiguous counties; and
WHEREAS, the storm is expected to produce significant snow,
					 damaging winds, and freezing temperatures, which may result in road closures,
					 travel disruptions, widespread power outages, and damage to public and private
					 property, which pose a threat to the public health and safety.
NOW, THEREFORE, I, KATHY HOCHUL, 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 12, 2024, for the counties of Allegany,
					 Cattaraugus, Cayuga, Chautauqua, Erie, Genesee, Jefferson, Lewis, Livingston,
					 Monroe, Niagara, Ontario, Orleans, Oswego, Wyoming, and contiguous counties.
					 This Executive Order shall be in effect through February 11, 2024.
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 12, 2024, 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 CFR
					 390.23(b), which provides
					 relief from 49 CFR sections
					 395.2 and
					 395.5. Such relief from the
					 federal motor carrier hours of service rules is necessary to ensure that crews
					 can clear vital roadways and hasten the movement of utility power restoration
					 crews into New York State.
FURTHER, by virtue of the authority vested in me by Section
					 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any
					 statute, local law, ordinance, order, rule, or regulation, or parts thereof, if
					 compliance with such statute, local law, ordinance, order, rule, or regulation
					 would prevent, hinder, or delay action necessary to cope with the disaster
					 emergency, I hereby temporarily suspend or modify, for the period from the date
					 of this Executive Order through February 11, 2024, the following laws:
* Section 112  of the State Finance Law, to the extent
					 consistent with Article V, Section
					 I of the State Constitution, and to the extent
					 necessary to award emergency contracts or add additional work, sites and time
					 to State contracts including but not limited to contracts or leases for
					 relocation and support of State operations under Section 3  of the Public
					 Buildings Law;
* Section 163  of the State Finance Law and Article 4-C of
					 the Economic Development Law, to the extent necessary to purchase commodities,
					 services, technology and materials without following the standard notice and
					 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 vehicle registration, equipment and dimension requirements
					 is necessary to assist in preparedness and response to the emergency;
FURTHER, I hereby temporarily modify, for the period from
					 the date of this Executive Order through February 11, 2024, 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.l 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.
(L.S.) GIVEN under my hand and the Privy Seal of the State
					 in the City of Albany this twelfth day of January in the year two thousand
					 twenty-four.
BY THE GOVERNOR
/S/ Kathy Hochul
/s/ Karen Persichilli Keogh
Secretary to the
					 Governor