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 9.57 - Executive Order No. 57: Declaring a Disaster Emergency in the State of New York

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the COVID-19 global pandemic has been declared a
					 Public Health Emergency of International Concern by the World Health
					 Organization since early 2020;
WHEREAS, the United States Health and Human Services
					 Secretary declared a public health emergency for the entire United States to
					 aid the nation's healthcare community in responding to COVID-19 on January 31,
					 2020;
WHEREAS, New York is now experiencing COVED-19 transmission
					 at rates the State has not seen since April 2020;.
WHEREAS, the rate of new COVID-19 hospital admissions has
					 been increasing over the past month to over 300 new admissions a day;
WHEREAS, the state must pursue a coordinated approach to
					 ensure hospital capacity statewide is able to meet regional needs;
WHEREAS, the State government must support the
					 municipalities and counties in their efforts to facilitate and administer
					 vaccinations and tests for COVID-19, and to prevent the virus from continuing
					 to spread at such rates;
NOW, THEREFORE, I, Kathy Hochul, 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, hereby find, pursuant to Section 28 of Article
					 2-B of the Executive Law, that a disaster has occurred in New York State, for
					 which the affected local governments are unable to respond adequately, and I do
					 hereby declare a State disaster emergency for the entire State of New York
					 through January 15,2022; and
IN ADDITION; this declaration satisfies the requirements of
					 Part 360 of the New York State Codes, Rules and Regulations to allow the state
					 to utilize the Surge and Flex system, which may include, but is not limited to,
					 postponement of non-essential elective procedures.
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 all necessary State agencies to take appropriate
					 action to assist local governments and individuals in containing, preparing
					 for, responding to and recovering from this state disaster emergency, to
					 protect state and local property, and to provide such other assistance as is
					 necessary to protect public health, welfare, and safety..
IN ADDITION, 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 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, I hereby temporarily
					 suspend or modify, for the period from the date of this Executive Order through
					 December 26, 2021 the following:
* Section 112  of the State Finance Law to the extent
					 necessary to add additional work, sites, funding, and time to State contracts
					 or to award contracts, including but not limited to contracts or leases for
					 relocation and support of State operations under Section 3  of the Public
					 Buildings Law; or contracts under Section 9  of the Public Buildings Law; or
					 contracts for professional services under Section 13 6-a of the State Finance
					 Law; or contracts for purchases of commodities, services, and technology
					 through any federal GSA schedules, federal 1122 programs, or other state,
					 regional, local, multi-jurisdictional, or cooperative contract vehicles;
* Section 163  of the State Finance Law and .Article 4-C of
					 the Economic Development Law, to the extent necessary to allow the purchase of
					 necessary commodities, services, technology, and materials without following
					 the standard notice and procurement processes;
* Section 97-G  of the State Finance Law, to the extent
					 necessary to purchase food, supplies, services, and equipment or furnish or
					 provide various centralized services to assist affected local government,
					 individuals, and other non-State entities in responding to and recovering from
					 the disaster emergency.
GIVEN under my hand and the Privy Seal of the State hi the
					 City of Albany this twenty-sixth day of November in the year two thousand
					 twenty-one
Signed: Kathy Hochul
Dated: November 26, 2021