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 9.109 - Executive Order No. 109: Declaring a Disaster Emergency in the State of New York

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, pursuant to sections 362 and 365 the Public Health
					 Services Act ( 42 U.S.C §§ 362 and 365, and the implementing
					 regulation at 42 C.F.R.
					 §
											71.40, on August 2, 2021 the Director
					 of the United States Center for Disease Control ('CDC') issued a
Public
					 Health Reassessment and Order Suspending the Right to Introduce Certain Person
					 from Countries Where a Quarantinable Communicable Disease Exists
(the
					 'Title 42 Order');
WHEREAS, the Title 42 Order prohibits migration into the
					 United States by 'covered noncitizens' traveling from Canada or Mexico
					 (regardless of their country of origin) who would otherwise be introduced into
					 a congregate setting in a port of entry or U.S. Border Patrol station at or
					 near the U.S. land and adjacent coastal borders;
WHEREAS, even with the Title 42 Order in place, large
					 numbers of migrants with immediate housing and service needs have arrived in
					 the City and State of New York over the first few months of the year: as of
					 May, the City of New York, alone, was providing temporary housing for 36,738
					 migrants from the southern border, a number that had increased by 12,279
					 individuals since January 2023; including by an additional 1,578 individuals in
					 just a week.
WHEREAS, since the expiration of the Title 42 Order on May
					 11, 2023, thousands of additional people have sought shelter in New York,
					 including more than a thousand individuals each of the past several weeks in
					 New York City alone;
WHEREAS, federal support is critical to support the City of
					 New York and other local governments within the State that lack the
					 infrastructure, facilities, and resources necessary to meet the immediate
					 humanitarian demand to house and meet other basic needs of the large numbers of
					 migrant arrivals; and
WHEREAS, the arrival of increased numbers of migrants
					 seeking shelter in the City and State of New York is expected to exacerbate an
					 already large-scale humanitarian crisis and create a disaster emergency to
					 which local governments are unable to adequately respond, creating a threat to
					 health and safety, which could result in the loss of life or property;
					 and
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
					 extend the State Disaster Emergency as declared in Executive Order 28 and its
					 successors, and do hereby continue the terms, conditions, and suspensions
					 contained in Executive Order 28 and its successors, until August 25,
					 2023.
(L.S.) GIVEN undermyhand and the Privy Seal of the State in
					 the City of Albany this twenty-sixth day of July in the year two thousand
					 twenty-three.
BY THE GOVERNOR
/S/ Kathy Hochul
/s/ Karen Persichilli Keogh
Secretary to the
					 Governor