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 8.195 - Executive Order No. 195: Declaring a Disaster in the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St. Lawrence, and Wayne

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, high water levels on Lake Ontario and the St.
					 Lawrence River, due to above average precipitation and snow melt throughout
					 April and into May, continue to rise causing the potential for lakeshore
					 flooding, widespread erosion, and water damage within the counties of Cayuga,
					 Jefferson, Monroe, Niagara, Orleans, Oswego, St. Lawrence, and Wayne.
WHEREAS, this flooding event has the potential to cause
					 damage to homes and other residential structures, businesses, public and
					 private property, and public infrastructure, and poses a threat to 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 is imminent
					 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 May 20, 2019 within the
					 territorial boundaries of the counties of Cayuga, Jefferson, Monroe, Niagara,
					 Orleans, Oswego, St. Lawrence, and Wayne. This Executive Order shall be in
					 effect until September l, 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 May 20, 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.
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 hasten the
					 movement of crews into New York State.
FURTHER, I have designated Michael Kopy, Director of
					 Emergency Management for the Office of the Governor, as the State Coordinating
					 Officer for this event.
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 June 20, 2019, the following laws:
Section 38 (1) (2) and (3)  of the Highway 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 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 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 Section 3  of the Public
					 Buildings Law, to award emergency contracts under Section 9  of the Public
					 Buildings Law, 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;
Part F of Chapter 60 of the Laws of 2015, and Part RRR of
					 Chapter 59 of the Laws 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, I hereby temporarily modify, for the period from
					 the date of this Executive Order through June 20, 2019, the following
					 laws:
Navigation Law Section 45(1)(b), and the regulations
					 promulgated thereunder, so as to provide specific authority and direction to
					 the Acting Commissioner of Parks, Recreation and Historic Preservation to
					 establish speed limits of five (5) miles per hour within one thousand (1,000)
					 feet of shore in the affected counties where he deems it appropriate and
					 necessary.
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; and Section 91  of the Second Class Cities Law, 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: May 20, 2019
Executive Order No. 195.1
Continuing the Declaration of a Disaster in the
					 Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St. Lawrence,
					 and Wayne.
WHEREAS, pursuant to Executive Order Number 195, a disaster
					 has heretofore been declared in Cayuga, Jefferson, Monroe, Niagara, Orleans,
					 Oswego, St. Lawrence and Wayne counties due to extensive lakeshore flooding,
					 widespread erosion and water damage from extensive snowmelt and precipitation;
					 and
WHEREAS, the flooding and erosion in the affected counties
					 has caused significant damage to homes, and other residential structures,
					 businesses, as well as public infrastructure and the State"TMs assistance
					 continues to be needed.
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
					 Laws of the State of New York, after having considered all the relevant facts
					 and circumstances, do hereby extend all the terms, conditions and directives of
					 Executive Order 195 for the period from the date the disaster emergency was
					 declared until July 20, 2019.