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 8.108 - Executive Order No. 108: Declaring a Disaster in the County of Niagara

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on June 27, 2013 and continuing thereafter, severe
					 storms and flooding disrupted public transportation and utility service, and
					 threatened public health and safety systems within the Counties of Broome,
					 Chenango, Clinton, Delaware, Essex, Franklin, Herkimer, Madison, Montgomery,
					 Oneida, Otsego, Tioga, Schoharie, St. Lawrence and Warren; and
WHEREAS, on June 28, 2013 I issued Executive Order Number
					 103 declaring a disaster emergency in the Counties of Broome, Chenango,
					 Clinton, Delaware, Essex, Franklin, Herkimer, Madison, Montgomery, Oneida,
					 Otsego, Tioga, Schoharie, St. Lawrence and Warren; and
WHEREAS, on June 27, 2013 and continuing thereafter, severe
					 storms and flooding disrupted public transportation and utility service, and
					 threatened public health and safety systems within the County of Niagara;
					 and
WHEREAS, this event has caused flooding, damaged public and
					 private property, including homes, apartments and businesses, damaged and
					 downed trees and washed out roadways and will continue to pose 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 has occurred
					 to 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 do
					 hereby amend Executive Order Number 103 to declare a State Disaster Emergency
					 effective June 28, 2013 within the territorial boundaries of the additional
					 County of Niagara; 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 June 28, 2013, the Division of Homeland Security
					 and Emergency Services, the State Office of Emergency Management, the
					 Department of Health, the Department of Transportation, the 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
					 Office of Temporary and Disability Services, the Office for the Aging, the
					 Office for People with Developmental Disabilities, the Office of Parks,
					 Recreation and Historic Preservation, the Office of General Services, the State
					 University of New York, the Thruway Authority, 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 Jerome M. Hauer, Commissioner of
					 the State Division of Homeland Security and Emergency Services, as the State
					 Coordinating Officer for this event.
Signed: Andrew M. Cuomo
Dated: July 5, 2013