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 8.198 - Executive Order No. 198: 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, pursuant to Executive Order Number 195, a disaster
					 had been declared in the counties of Cayuga, Jefferson, Monroe, Niagara,
					 Orleans, Oswego, St. Lawrence, and Wayne due to extensive flooding, widespread
					 erosion, and water damage that caused significant damage to homes and other
					 residential structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
					 St. Lawrence River continue to be of concern as a cause of flooding, widespread
					 erosion, and water damage, which continues to jeopardize infrastructure,
					 coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
					 Commission has identified high-priority projects that are urgently needed to
					 protect homes, businesses, and critical infrastructure; to sustainably maintain
					 safe navigation channels; and to address the immediate and long-term resiliency
					 of communities along Lake Ontario and the St. Lawrence River.
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 exists for
					 which the affected state agencies and 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 November
					 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 May 20, 2020; 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 November 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 continued
					 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)(l)(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, 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 address the disaster,
					 hereby temporarily suspend, for the period from the date of this Executive
					 Order through December 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 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;
Article 8 of the Environmental Conservation Law, and Part
					 15 of Title 17 and Part 617 of Title 6 of the New York Code of Rules and
					 Regulations, 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 that work is immediately
					 necessary for the replacement, rehabilitation, or reconstruction of structures;
					 and
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.
Signed: Andrew M. Cuomo
Dated: November 20, 2019
Executive Order No. 198.1
Continuing the Declaration of Disaster Emergency in
					 the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St.
					 Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order 198, a disaster has
					 heretofore been declared within the counties of Cayuga, Jefferson, Monroe,
					 Niagara, Orleans, Oswego, St. Lawrence, and Wayne due to extensive flooding,
					 widespread erosion, and water damage that caused significant damage to homes
					 and other residential structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
					 St. Lawrence River continue to be of concern as a cause of flooding, widespread
					 erosion, and water damage, which continues to jeopardize infrastructure,
					 coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
					 Commission has identified high-priority projects that are urgently needed to
					 protect homes, businesses, and critical infrastructure; to sustainably maintain
					 safe navigation channels; and to address the immediate and long-term resiliency
					 of communities along Lake Ontario and the St. Lawrence River.
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 extend the state disaster
					 emergency declared pursuant to Executive Order No. 198 and all of its terms,
					 conditions, directives, and temporary suspension of identified provisions from
					 the date that such disaster emergency was declared pursuant to Executive Order
					 No. 198 until January 20, 2020.
Signed: Andrew M. Cuomo
Dated: December 20, 2019
Executive Order No. 198.2
Continuing the Declaration of Disaster Emergency in
					 the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St.
					 Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order 198 and 198.1, a
					 disaster has heretofore been declared within the counties of Cayuga, Jefferson,
					 Monroe, Niagara, Orleans, Oswego, St. Lawrence, and Wayne due to extensive
					 flooding, widespread erosion, and water damage that caused significant damage
					 to homes and other residential structures, businesses, and public
					 infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
					 St. Lawrence River continue to be of concern as a cause of flooding, widespread
					 erosion, and water damage, which continues to jeopardize infrastructure,
					 coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
					 Commission has identified high-priority projects that are urgently needed to
					 protect homes, businesses, and critical infrastructure; to sustainably maintain
					 safe navigation channels; and to address the immediate and long-term resiliency
					 of communities along Lake Ontario and the St. Lawrence River.
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 extend the state disaster
					 emergency declared pursuant to Executive Order No. 198 and all of its terms,
					 conditions, directives, and temporary suspension of identified provisions from
					 the date that such disaster emergency was declared pursuant to Executive Order
					 No. 198 and 198.1 until February 16, 2020.
Signed: Andrew M. Cuomo
Dated: January 17, 2020
Executive Order No. 198.3
Continuing the Declaration of Disaster Emergency in
					 the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St.
					 Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order 198, 198.1 and 198.2,
					 a disaster has heretofore been declared within the counties of Cayuga,
					 Jefferson, Monroe, Niagara, Orleans, Oswego, St. Lawrence, and Wayne due to
					 extensive flooding, widespread erosion, and water damage that caused
					 significant damage to homes and other residential structures, businesses, and
					 public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
					 St. Lawrence River continue to be of concern as a cause of flooding, widespread
					 erosion, and water damage, which continues to jeopardize infrastructure,
					 coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
					 Commission has identified high-priority projects that are urgently needed to
					 protect homes, businesses, and critical infrastructure; to sustainably maintain
					 safe navigation channels; and to address the immediate and long-term resiliency
					 of communities along Lake Ontario and the St. Lawrence River.
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 extend the state disaster
					 emergency declared pursuant to Executive Order No. 198 and all of its terms,
					 conditions, directives, and temporary suspension of identified provisions from
					 the date that such disaster emergency was declared pursuant to Executive Order
					 No. 198, 198.1 and 198.2 until March 17, 2020.
Signed: Andrew M. Cuomo
Dated: February 16, 2020
Executive Order No. 198.4
Continuing the Declaration of Disaster Emergency in
					 the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St.
					 Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order 198, a disaster has
					 heretofore been declared within the counties of Cayuga, Jefferson, Monroe,
					 Niagara, Orleans, Oswego, St. Lawrence, and Wayne due to extensive flooding,
					 widespread erosion, and water damage that caused significant damage to homes
					 and other residential structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
					 St. Lawrence River continue to be of concern as a cause of flooding, widespread
					 erosion, and water damage, which continues to jeopardize infrastructure,
					 coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
					 Commission has identified high-priority projects that are urgently needed to
					 protect homes, businesses, and critical infrastructure; to sustainably maintain
					 safe navigation channels; and to address the immediate and long-term resiliency
					 of communities along Lake Ontario and the St. Lawrence River.
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 extend the state disaster
					 emergency declared pursuant to Executive Order No. 198 and all of its terms,
					 conditions, directives, and temporary suspension of identified provisions from
					 the date that such disaster emergency was declared pursuant to Executive Order
					 No. 198, until April 16, 2020.
Signed: Andrew M. Cuomo
Dated: March 17, 2020
Executive Order No. 198.5
Continuing the Declaration of Disaster Emergency in
					 the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St.
					 Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order 198, a disaster has
					 heretofore been declared within the counties of Cayuga, Jefferson, Monroe,
					 Niagara, Orleans, Oswego, St. Lawrence, and Wayne due to extensive flooding,
					 widespread erosion, and water damage that caused significant damage to homes
					 and other residential structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
					 St. Lawrence River continue to be of concern as a cause of flooding, widespread
					 erosion, and water damage, which continues to jeopardize infrastructure,
					 coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
					 Commission has identified high-priority projects that are urgently needed to
					 protect homes, businesses, and critical infrastructure; to sustainably maintain
					 safe navigation channels; and to address the immediate and long-term resiliency
					 of communities along Lake Ontario and the St. Lawrence River.
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 extend the state disaster
					 emergency declared pursuant to Executive Order No. 198 and all of its terms,
					 conditions, directives, and temporary suspension of identified provisions from
					 the date that such disaster emergency was declared pursuant to Executive Order
					 No. 198, until May 16, 2020.
Signed: Andrew M. Cuomo
Dated: April 16, 2020
Executive Order No. 198.6
Continuing the Declaration of Disaster Emergency in
					 the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St.
					 Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order 198, a disaster has
					 heretofore been declared within the counties of Cayuga, Jefferson, Monroe,
					 Niagara, Orleans, Oswego, St. Lawrence, and Wayne due to extensive flooding,
					 widespread erosion, and water damage that caused significant damage to homes
					 and other residential structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
					 St. Lawrence River continue to be of concern as a cause of flooding, widespread
					 erosion, and water damage, which continues to jeopardize infrastructure,
					 coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
					 Commission has identified high-priority projects that are urgently needed to
					 protect homes, businesses, and critical infrastructure; to sustainably maintain
					 safe navigation channels; and to address the immediate and long-term resiliency
					 of communities along Lake Ontario and the St. Lawrence River.
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 extend the state disaster
					 emergency declared pursuant to Executive Order No. 198 and all of its terms,
					 conditions, directives, and temporary suspension of identified provisions from
					 the date that such disaster emergency was declared pursuant to Executive Order
					 No. 198, until June 15, 2020.
Signed: Andrew M. Cuomo
Dated: May 16, 2020
Executive Order No. 198.7
Continuing the Declaration of Disaster Emergency in
					 the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St.
					 Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order 198, a disaster has
					 heretofore been declared within the counties of Cayuga, Jefferson, Monroe,
					 Niagara, Orleans, Oswego, St. Lawrence, and Wayne due to extensive flooding,
					 widespread erosion, and water damage that caused significant damage to homes
					 and other residential structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
					 St. Lawrence River continue to be of concern as a cause of flooding, widespread
					 erosion, and water damage, which continues to jeopardize infrastructure,
					 coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
					 Commission has identified high-priority projects that are urgently needed to
					 protect homes, businesses, and critical infrastructure; to sustainably maintain
					 safe navigation channels; and to address the immediate and long-term resiliency
					 of communities along Lake Ontario and the St. Lawrence River.
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 extend the state disaster
					 emergency declared pursuant to Executive Order No. 198 and all of its terms,
					 conditions, directives, and temporary suspension of identified provisions from
					 the date that such disaster emergency was declared pursuant to Executive Order
					 No. 198, until July 15, 2020.
Signed: Andrew M. Cuomo
Dated: June 15, 2020
Executive Order No. 198.8
Continuing the Declaration of Disaster Emergency in
					 the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St.
					 Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order 198, a disaster has
					 heretofore been declared within the counties of Cayuga, Jefferson, Monroe,
					 Niagara, Orleans, Oswego, St. Lawrence, and Wayne due to extensive flooding,
					 widespread erosion, and water damage that caused significant damage to homes
					 and other residential structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
					 St. Lawrence River continue to be of concern as a cause of flooding, widespread
					 erosion, and water damage, which continues to jeopardize infrastructure,
					 coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
					 Commission has identified high-priority projects that are urgently needed to
					 protect homes, businesses, and critical infrastructure; to sustainably maintain
					 safe navigation channels; and to address the immediate and long-term resiliency
					 of communities along Lake Ontario and the St. Lawrence River.
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 extend the state disaster
					 emergency declared pursuant to Executive Order No. 198 and all of its terms,
					 conditions, directives, and temporary suspension of identified provisions from
					 the date that such disaster emergency was declared pursuant to Executive Order
					 No. 198, until August 14, 2020.
Signed: Andrew M. Cuomo
Dated: July 15, 2020
Executive Order No. 198.9
Continuing the Declaration of Disaster Emergency in
					 the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St.
					 Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order 198, a disaster has
					 heretofore been declared within the counties of Cayuga, Jefferson, Monroe,
					 Niagara, Orleans, Oswego, St. Lawrence, and Wayne due to extensive flooding,
					 widespread erosion, and water damage that caused significant damage to homes
					 and other residential structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
					 St. Lawrence River continue to be of concern as a cause of flooding, widespread
					 erosion, and water damage, which continues to jeopardize infrastructure,
					 coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
					 Commission has identified high-priority projects that are urgently needed to
					 protect homes, businesses, and critical infrastructure; to sustainably maintain
					 safe navigation channels; and to address the immediate and long-term resiliency
					 of communities along Lake Ontario and the St. Lawrence River.
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 continues to
					 exist for which affected state agencies and 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 continue the declaration of the State Disaster
					 Emergency effective November 20, 2019, as set forth in Executive Order 198,
					 within the territorial boundaries of the counties of Cayuga, Jefferson, Monroe,
					 Niagara, Orleans, Oswego, St. Lawrence, and Wayne. The provisions set forth in
					 Executive Order 198 and this Executive Order shall continue and remain in
					 effect until February 26, 2021; and
FURTHER, pursuant to Section 29-a of Article 2-B of the
					 Executive Law, I also hereby continue all of the temporary suspensions or
					 modification of any statute, local law, ordinance, order, rule, or regulation,
					 or parts thereof, of any agency during a State disaster emergency, 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 or if necessary to assist or aid in coping with such disaster, to
					 include all suspensions and modifications, terms, conditions, directives, and
					 temporary suspension of identified provisions from the date that such disaster
					 emergency as was declared and identified in Executive Order No. 198,
et. seq.
, in their entirety until September 26, 2020.
Signed: Andrew M. Cuomo
Dated: August 26, 2020
Executive Order No. 198.10
Continuing the Declaration of Disaster Emergency in
					 the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St.
					 Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order 198, a disaster has
					 heretofore been declared within the counties of Cayuga, Jefferson, Monroe,
					 Niagara, Orleans, Oswego, St. Lawrence, and Wayne due to extensive flooding,
					 widespread erosion, and water damage that caused significant damage to homes
					 and other residential structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
					 St. Lawrence River continue to be of concern as a cause of flooding, widespread
					 erosion, and water damage, which continues to jeopardize infrastructure,
					 coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
					 Commission has identified high-priority projects that are urgently needed to
					 protect homes, businesses, and critical infrastructure; to sustainably maintain
					 safe navigation channels; and to address the immediate and long-term resiliency
					 of communities along Lake Ontario and the St. Lawrence River.
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 continues to
					 exist for which affected state agencies and 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 continue the declaration of the State Disaster
					 Emergency effective November 20, 2019, as set forth in Executive Order 198,
					 within the territorial boundaries of the counties of Cayuga, Jefferson, Monroe,
					 Niagara, Orleans, Oswego, St. Lawrence, and Wayne. The provisions set forth in
					 Executive Order 198 and this Executive Order shall continue and remain in
					 effect until February 26, 2021; and
FURTHER, pursuant to Section 29-a of Article 2-B of the
					 Executive Law, I also hereby continue all of the temporary suspensions or
					 modification of any statute, local law, ordinance, order, rule, or regulation,
					 or parts thereof, of any agency during a State disaster emergency, 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 or if necessary to assist or aid in coping with such disaster, to
					 include all suspensions and modifications, terms, conditions, directives, and
					 temporary suspension of identified provisions from the date that such disaster
					 emergency as was declared and identified in Executive Order No. 198,
et. seq.
, in their entirety until October 26, 2020.
Signed: Andrew M. Cuomo
Dated: September 26, 2020
Executive Order No. 198.11
Continuing the Declaration of Disaster Emergency in
					 the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St.
					 Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order 198, a disaster has
					 heretofore been declared within the counties of Cayuga, Jefferson, Monroe,
					 Niagara, Orleans, Oswego, St. Lawrence, and Wayne due to extensive flooding,
					 widespread erosion, and water damage that caused significant damage to homes
					 and other residential structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
					 St. Lawrence River continue to be of concern as a cause of flooding, widespread
					 erosion, and water damage, which continues to jeopardize infrastructure,
					 coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
					 Commission has identified high-priority projects that are urgently needed to
					 protect homes, businesses, and critical infrastructure; to sustainably maintain
					 safe navigation channels; and to address the immediate and long-term resiliency
					 of communities along Lake Ontario and the St. Lawrence River.
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 continues to
					 exist for which affected state agencies and 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 continue the declaration of the State Disaster
					 Emergency effective November 20, 2019, as set forth in Executive Order 198,
					 within the territorial boundaries of the counties of Cayuga, Jefferson, Monroe,
					 Niagara, Orleans, Oswego, St. Lawrence, and Wayne. The provisions set forth in
					 Executive Order 198 and this Executive Order shall continue and remain in
					 effect until February 26, 2021; and
FURTHER, pursuant to Section 29-a of Article 2-B of the
					 Executive Law, I also hereby continue all of the temporary suspensions or
					 modification of any statute, local law, ordinance, order, rule, or regulation,
					 or parts thereof, of any agency during a State disaster emergency, 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 or if necessary to assist or aid in coping with such disaster, to
					 include all suspensions and modifications, terms, conditions, directives, and
					 temporary suspension of identified provisions from the date that such disaster
					 emergency as was declared and identified in Executive Order No. 198,
et. seq.
, in their entirety until November 25, 2020.
Signed: Andrew M. Cuomo
Dated: October 26, 2020
Executive Order No. 198.12
Continuing the Declaration of Disaster Emergency in
					 the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St.
					 Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order 198, a disaster was
					 declared within the counties of Cayuga, Jefferson, Monroe, Niagara, Orleans,
					 Oswego, St. Lawrence, and Wayne due to extensive flooding, widespread erosion,
					 and water damage that caused significant damage to homes and other residential
					 structures, businesses, and public infrastructure;
WHEREAS, historic high water levels in Lake Ontario and the
					 St. Lawrence River continue to be of concern as a cause of flooding, widespread
					 erosion, and water damage, which continues to jeopardize infrastructure,
					 coastline structures, natural barriers, and navigation; and
WHEREAS, the Resiliency and Economic Development Initiative
					 Commission identified high-priority projects that were urgently needed, and
					 continued to be needed to protect homes, businesses, and critical
					 infrastructure; to sustainably maintain safe navigation channels; and to
					 address the immediate and long-term resiliency of communities along Lake
					 Ontario and the St. Lawrence River.
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 continues to
					 exist for which affected state agencies and 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 continue the declaration of the State Disaster
					 Emergency that became effective November 20, 2019, as set forth in Executive
					 Order 198, within the territorial boundaries of the counties of Cayuga,
					 Jefferson, Monroe, Niagara, Orleans, Oswego, St. Lawrence, and Wayne. The
					 provisions set forth in Executive Order 198 and this Executive Order shall
					 continue to remain in effect until June 4, 2021; and
FURTHER, pursuant to Section 29 of Article 2-B of the
					 Executive Law, I direct the continued implementation of the State Comprehensive
					 Emergency Management Plan and authorize, which was first made effective
					 November 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 continued 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, 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 address the disaster,
					 hereby temporarily suspend, for the period from the date of this Executive
					 Order through February 4, 2020, 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 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;
Article 8 of the Environmental Conservation Law, and Part
					 15 of Title 17 and Part 617 of Title 6 of the New York Code of Rules and
					 Regulations, 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 that work is immediately
					 necessary for the replacement, rehabilitation, or reconstruction of structures;
					 and
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.
Signed: Andrew M. Cuomo
Dated: January 4, 2020