New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 7 - Executive Orders (David A. Paterson) › Section 7.26 - Executive Order No. 26: Declaring a Disaster in the Counties of Cattaraugus, Chautauqua and Erie and Contiguous Areas. [*]

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on August 9, 2009, and continuing thereafter,
					 severe thunderstorms caused significant flooding which disrupted vital public
					 transportation, utility service, resulted in evacuations of the affected
					 populations and continues to threaten public health, and public safety systems
					 within the Counties of Cattaraugus, Chautauqua and Erie and contiguous
					 areas.
WHEREAS, this event has caused loss of life, hospital
					 evacuations, power outages, damage to homes, businesses and transportation
					 infrastructure, disruption of local water supply, and may result in personal
					 hardships, additional flooding, hamper the movement of medical personnel,
					 displace families, and will continue to pose a threat to the public health and
					 safety;
NOW, THEREFORE, I, DAVID A. PATERSON, 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 August 9, 2009 within the
					 territorial boundaries of the Counties of Cattaraugus, Chautauqua and Erie, and
					 contiguous areas; and
FURTHER, pursuant to Section 29 of Article 2-B of the
					 Executive Law, I direct the implementation of the State Disaster Preparedness
					 Plan and authorize, effective August 9, 2009, the State Emergency Management
					 Office, the Department of Health, the Department of Transportation, the State
					 Police, the Division of Military and Naval Affairs, the Department of
					 Environmental Conservation, the State Department of Correctional Services, 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 Office of Homeland Security, 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.
FURTHER, I have designated John R. Gibb, Director of the
					 State Emergency Management Office (SEMO) as the State Coordinating Officer for
					 this event.
Signed: David A. Paterson
Dated: August 10, 2009
Footnotes
* [Revoked by Executive Order
					 No. 2 (Andrew M. Cuomo),
infra.
]