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 8.164 - Executive Order No. 164: Declaring a Disaster within the Territorial Boundaries of the State of New York

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on or about March 14, 2017 and continuing
					 thereafter, hazardous winter weather conditions are forecasted for multiple
					 counties due to a Nor'easter impacting several states. Snowfall totals of 12 to
					 24 inches are forecasted across the State, with the potential for blizzard
					 conditions and wind gusts up to 50 mph. This Nor'easter poses an imminent
					 danger to vital public transportation, utility service, and public health and
					 public safety systems throughout the state; and
WHEREAS, this event may cause widespread power outages,
					 moderate to severe coastal erosion and flooding, damage to homes, apartments,
					 businesses, and public and private property, damage and uproot trees, and
					 continue to pose a threat to the 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 March 14, 2017, within the
					 territorial boundaries of the State of New York, 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 March 14, 2017, 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 State University of New York, 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 utility power restoration crews into New York State.
IN ADDITION, this declaration satisfies the requirements of
					 Executive Law 29-g, which authorizes use of the Emergency Management Assistance
					 Compact and satisfies the requirements of Executive Law 29-g(3)(c).
FURTHER, I have designated John Melville, Commissioner of
					 the Division of Homeland Security and Emergency Services, 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 or modify 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 that the
					 disaster emergency was declared pursuant to this Executive Order until March
					 17, 2017, the following laws:
Sections 38 (1) (2) and (3)  of the Highway Law and Article
					 4-C of the Economic Development 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;
Sections 9 (2) and (4)  of the Public Buildings Law and
					 Article 4-C of the Economic Development 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 Public Buildings Law Section
					 3, to award emergency contracts under Public Buildings Law Section 9, 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, 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 suspend, for the period from
					 the date that the disaster emergency was declared pursuant to this Executive
					 Order until March 17, 2017, to the extent that any person or an attorney for
					 any person has been directly affected by the disaster emergency, the following
					 laws:
Section 180.80  of the Criminal Procedure Law, to the extent
					 that it limits the time during which a defendant against whom a felony
					 complaint has been filed with a local criminal court may be held in custody
					 pending the disposition of such felony complaint when such limitation period
					 concludes during the period commencing from the date that the disaster
					 emergency was declared pursuant to this Executive Order;
Section 201  of the Civil Practice Law and Rules, so far as
					 it bars actions whose limitation period concludes during the period commencing
					 from the date that the disaster emergency was declared pursuant to this
					 Executive Order, and so far as it limits a court's authority to extend such
					 time, whether or not the time to commence such an action is specified in
					 Article 2 of the Civil Practice Law and Rules;
Section 5513  of the Civil Practice Law and Rules, so far as
					 it relates to a limitation period that concludes during the period commencing
					 from the date that the disaster emergency was declared pursuant to this
					 Executive Order;
Section 25  of the Court of Claims Act, so far as it relates
					 to a limitation of time to appeal in which a limitation period concludes during
					 the period commencing from the date that the disaster emergency was declared
					 pursuant to this Executive Order;
Sections 30.10 and 30.30  of the Criminal Procedure Law, so
					 far as they may bar criminal prosecutions, in cases whose limitation periods
					 conclude during the period commencing from the date that the disaster emergency
					 was declared pursuant to this Executive Order;
Sections 460.10, 460.30, 460.50 and Article 460 of the
					 Criminal Procedure Law, so far as they relate to a limitation of time to appeal
					 and such limitation period concludes during the period commencing from the date
					 that the disaster emergency was declared pursuant to this Executive Order;
					 and
Section 1113  of the Family Court Act, so far as it relates
					 to a limitation of time to appeal and such limitation period concludes during
					 the period commencing from the date that the disaster emergency was declared
					 pursuant to this Executive Order.
IN ADDITION, I hereby temporarily suspend and modify, for
					 the period from the date of this Executive Order until further notice, any
					 other statute, local law, ordinance, order, rule or regulation or part thereof,
					 establishing limitations of time for the filing or service of any legal action,
					 notice or other process or proceeding that the courts lack authority to extend
					 through the exercise of discretion, where any limitation of time concludes
					 during the period commencing from the date that the disaster emergency was
					 declared pursuant to this Executive Order.
FURTHER, I hereby temporarily modify, for the period from
					 the date that the disaster emergency was declared pursuant to this Executive
					 Order until March 17, 2017, the following laws:
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; Section 91 
					 of Second Class Cities Law; Section 19-107(ii) of the New York City
					 Administrative Code; and Section 107.1 of Title 21 of the New York Codes, Rules
					 and Regulations, 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: March 13, 2017