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 9.86 - Executive Order No. 86: Declaring an Emergency in Order to Appoint New Jersey and Connecticut Police Officers as Railroad Police Officers to Provide Enhanced Security on Commuter Trains, Buses, and Ferries

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the holiday season is a time of heightened alert
					 and increased risk of terrorist attack as terrorists typically consider
					 significant, symbolic dates when planning attacks, with the objective of
					 inflicting mass casualties and maximizing the economic and psychological damage
					 to the United States, as evidenced by the November 2010 plot to bomb a holiday
					 tree lighting ceremony in Portland, Oregon by a homegrown violent extremist;
					 the December 2010 attack on a market filled with Christmas shoppers in
					 Stockholm, Sweden by a suicide bomber; the December 2010 arrests in the United
					 Kingdom of 12 individuals plotting to conduct attacks during the holiday
					 season; the December 2016 attack in Berlin where a truck was driven into a
					 crowd of people located at the Christmas market next to the Kaiser Wilhelm
					 Memorial Church; the 2016 nightclub attack in Istanbul that left 39 people dead
					 during a New Year's Eve celebration in 2016; the December 2017 bombing in a
					 tunnel in New York City's Port Authority Bus Terminal, which was inspired by
					 the Islamic State in Iraq and Syria ("ISIS") Christmas propaganda and conducted
					 after the attacker saw holiday-themed posters on the tunnel walls; the
					 continued threats issued in 2018 by pro-ISIS social media users calling for
					 ISIS supporters to conduct attacks during the upcoming holiday season; and the
					 December 2018 active shooter attack by a terrorist at a popular Christmas
					 Market in Strasbourg, France, which killed 5 and injured 11 more;
WHEREAS, New York State has been subject to terrorist
					 attacks and plots, including the World Trade Center bombing in 1993; the
					 attacks on the World Trade Center on September 11, 2001; the Brooklyn Bridge
					 Plot in 2003; the Financial Centers Plot in 2004 targeting the New York Stock
					 Exchange and Citigroup Center in New York City and the Prudential Plaza in
					 Newark, New Jersey; the 2007 plot to blow up jet fuel supply tanks and the
					 pipeline that fed the tanks located underneath the John F. Kennedy
					 International Airport; the May 2009 plot to bomb a Bronx synagogue and to shoot
					 down military planes at Stewart Air National Guard Base; the failed plot of
					 Faisal Shahzad in May 2010; the May 2011 plot by Ahmed Ferhani and Mohamed
					 Mamdouh to bomb New York City Synagogues, during which Ferhani and Mamdouh
					 discussed additional targets in New York City, and the Empire State Building;
					 the October 2012 foiled attempt by Quazi Mohammad Rezwanul Ahsan Nafis to
					 detonate a 1,000 pound car bomb outside the Federal Reserve Bank of New York in
					 Lower Manhattan; the planned attacks by Raees Alam Qazi and his brother in
					 November 2012 directed at New York City; the 2014 indictment of Mufid Elfgeeh,
					 a Rochester resident who is alleged to have provided material support to ISIS;
					 the September 2016 attack in New York City involving a pressure cooker style
					 bomb that injured more than 30 people and involved additional detonated and
					 undetonated devices; the October 2017 attack in Lower Manhattan involving
					 Sayfullo Saipov, who drove a rented Home Depot truck down a bike path killing
					 eight people and injuring 12; the October 2018 plot by a Rockland County man to
					 detonate a 200 pound explosive device on Election Day; the October 2018 package
					 bombs that were sent to multiple locations in New York, including CNN's
					 Headquarters in NYC and a Westchester residence; the Queens resident who was
					 arrested in June 2019 for purchasing firearms with obliterated serial numbers
					 and was plotting to attack Times Square; the Brooklyn man who was arrested in
					 November 2019 for allegedly disseminating ISIS propaganda and bomb-making
					 instructions in an effort to incite violence in New York City and elsewhere;
					 the machete attack during Hanukkah in Monsey, New York on December 28, 2019;
					 and the November 2022 arrest of two men in connection threats to attack a New
					 York City synagogue. All of these examples demonstrate that terrorists continue
					 to pose a persistent threat to the State of New York;
WHEREAS, while there is no known confirmed threat to the
					 New York City metropolitan area, New York transportation systems have been
					 repeatedly targeted by terrorists, including: the previously mentioned 2017
					 Port Authority Bombing; the 2016 plot by three men planning to conduct bombings
					 and shootings in Times Square and within the City's subway system during the
					 month of Ramadhan on behalf of ISIS; the 2013 al-Qa'ida - directed plot to
					 derail a passenger train traveling from Toronto to New York; the Zazi plot
					 against New York City subways in 2009; the 2008 plot by Bryant Neal Vinas aimed
					 at the Long Island Railroad; the 2006 plot to bomb the Port Authority-Trans
					 Hudson (PATH) train tunnels; and the 2004 plot to bomb Herald Square in
					 Manhattan. The targeting of transportation systems by terrorist groups is
					 further demonstrated by the bombing on the Saint Petersburg Metro in Russia and
					 the Parsons Green tube station in London, England in 2017; the bombings at an
					 airport and metro station in Brussels, Belgium in 2016; and coordinated
					 bombings across London's mass transit system in 2005 and in Madrid in
					 2004;
WHEREAS, hundreds of thousands of commuters travel between
					 the states of New York, New Jersey, and Connecticut via mass transit systems
					 that include interstate rail, bus, and ferry systems accessible to the public,
					 and enhanced law enforcement presence on these conveyances is prudent to
					 protect public safety;
WHEREAS, on September 24, 2014, in response to heightened
					 concerns of terrorist activities, New York State and New Jersey formalized a
					 counterterrorism partnership through a Memorandum of Understanding whereby
					 additional security measures and protocols were agreed upon in an effort to
					 bolster the security posture of the BiState Region;
WHEREAS, ISIS and other extremist groups continue to use
					 social media to repeatedly call on sympathizers to carry out attacks within the
					 United States and Western countries in any manner;
WHEREAS, at least 130 people were murdered and over 400
					 were injured in multiple, simultaneous terrorist attacks in Paris, France on
					 November 13, 2015; at least 20 people were murdered in a November 20, 2015
					 terrorist attack in Bamako, Mali; 32 people were killed and more than 300
					 people were injured after three coordinated suicide bombings at an airport and
					 metro station in Brussels, Belgium on March 22, 2016; 86 people were murdered
					 and 434 people were injured after a terrorist attack on a Bastille Day
					 celebration in Nice, France on July 14, 2016; 5 people were murdered and 50
					 more injured on the Westminster Bridge and areas outside of the Parliament
					 Building in a vehicle and knife attack in London, England on March 22, 2017; 5
					 people were murdered and 14 people were injured in a truck attack in Stockholm,
					 Sweden on April 7, 2017; 22 people were murdered outside of Manchester Arena in
					 Manchester, England on May 22, 2017; 8 people were murdered and 48 people
					 injured during an attack on and around London Bridge in London, England on June
					 3, 2017; 16 people were murdered and 152 people were injured in multiple
					 attacks involving vehicles, knives and explosives in Barcelona and Cambrils,
					 Spain between August 17 and 18, 2017; 4 people were murdered and 15 people were
					 injured in March 2018 during an ISIS-inspired active shooter attack and hostage
					 situation in Trebes, France; authorities in the Netherlands foiled a complex
					 coordinated attack in September 2018 by arresting 7 men who planned to target a
					 mass gathering event with firearms and explosives; 4 people were killed and 2
					 were injured at the Central Police headquarters in Paris, France, after a
					 radicalized terrorist went on a stabbing spree in October 2019; and 2 people
					 were stabbed to death and 3 more were injured near London Bridge in November
					 2019, by a terrorist wielding a knife and wearing a hoax suicide vest;
WHEREAS, 49 people were murdered and 53 people were injured
					 in a terrorist attack on the Pulse Nightclub in Orlando, Florida on June 12,
					 2016; 13 people were injured in a terrorist attack perpetrated by Abdul Artan
					 at the Ohio State University on November 28, 2016; threats were issued in 2016
					 involving the 90th Annual Macy's Thanksgiving Day Parade in New York City; 60
					 people were murdered and more than 800 were injured during a mass shooting in
					 Las Vegas on October 1, 2017; 26 people were murdered and 22 people were
					 injured in a church shooting in Sutherland Springs, Texas on November 5, 2017;
					 two people were murdered and five were injured in March 2018 after several
					 package bombs were sent indiscriminately to residents of Texas; 11 people were
					 murdered and six people were injured in an anti-Semitic active shooter attack
					 in October 2018 at the Tree of Life Synagogue in Pittsburgh, Pennsylvania; 12
					 people were murdered and more than 15 people were injured in a November 2018
					 shooting at a restaurant in Thousand Oaks, California; four people were killed
					 in two different attacks, including a law enforcement officer in Jersey City,
					 NJ in December 2019; two people were killed and one injured in two separate
					 attacks in California on May 29 and June 6, 2020; eight people were killed in
					 March 2021 after a firearms attack on several businesses near Atlanta, Georgia
					 and in May 2022 ten people were murdered during a mass shooting at a Tops
					 grocery store in Buffalo, New York.
WHEREAS, ISIS has released a propaganda video containing
					 images of New York City purportedly under attack;
WHEREAS, various terrorist groups continue to issue threats
					 in an attempt to motivate homegrown terror attacks in the United States;
WHEREAS, New York's sister states, Connecticut and New
					 Jersey, have agreed to deploy police officers to provide increased security on
					 commuter trains, buses, and ferries going in and out of New York State;
WHEREAS, sworn members of the Connecticut State Police,
					 sworn police officers of any county or municipality in the State of
					 Connecticut, sworn members of the New Jersey State Police, and sworn police
					 officers of any county or municipality in the State of New Jersey are
					 restricted in their law enforcement authority once such a conveyance crosses
					 the jurisdictional boundary between Connecticut and New York or between New
					 Jersey and New York;
WHEREAS, New York, New Jersey, and Connecticut are all
					 members of the Emergency Management Assistance Compact (EMAC), which allows for
					 mutual assistance and resource sharing among sister states;
WHEREAS, the EMAC provides that emergency forces from the
					 sending state, while operating within the jurisdictional boundaries of the
					 receiving state pursuant to the compact, shall have the same powers (except
					 that of arrest, unless specifically authorized by the receiving state), duties,
					 rights and privileges as are afforded forces of the receiving state in which
					 they are performing emergency services;
WHEREAS, to utilize the police resources provided by New
					 York's sister states, New York State must confer police officer powers,
					 including arrest powers, on such officers while they are within its geographic
					 jurisdiction;
WHEREAS, Section 88  of the Railroad Law authorizes the
					 Superintendent of the State Police to appoint any person as a railroad police
					 officer only under prescribed circumstances and subject to certain
					 limitations;
WHEREAS, if such circumstances and limitations were applied
					 to sworn members of the Connecticut State Police, sworn police officers of any
					 county or municipality in the State of Connecticut, sworn members of the New
					 Jersey State Police, and sworn police officers of any county or municipality in
					 the State of New Jersey who are serving as railroad police officers from 12:01
					 A.M. on December 22, 2022 through 12:01 A.M. on January 2, 2023, such
					 application would prevent, hinder, and delay action necessary to respond to a
					 terrorist attack or a threat thereof;
WHEREAS, Section 29-a  of the Executive Law authorizes the
					 suspension, alteration and modification of statutes, local laws, ordinances,
					 orders, rules or regulations, or parts thereof, if compliance with such
					 provisions would prevent, hinder or delay actions necessary to cope with a
					 disaster emergency and the inclusion of any other terms and conditions;
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, do hereby find that a disaster may be imminent
					 to which the affected local governments are unable to respond adequately
					 without assistance. 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 12:01 AM
					 on December 22, 2022. This Order shall remain in effect until 12:01 AM on
					 January 2, 2023;
FURTHER, pursuant to the authority vested in me by Section 29-a  of the Executive Law to temporarily suspend and modify specific provisions
					 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 provisions would prevent, hinder or delay action necessary to cope with
					 the disaster, I hereby temporarily suspend and modify, for the period from
					 12:01 AM on December 22, 2022 until 12:01 AM on January 2, 2023, the following
					 laws for purposes of appointment of sworn members of the Connecticut State
					 Police, sworn police officers of any county or municipality in the State of
					 Connecticut, sworn members of the New Jersey State Police, and sworn police
					 officers of any county or municipality in the State of New Jersey as Railroad
					 Police:
* Subdivision 1 of Section 88  of the Railroad Law insofar
					 as it requires the Superintendent of the State Police to appoint railroad
					 police officers only upon the application of a corporation, express company, or
					 steamboat company, is modified to the extent necessary to allow the Governor to
					 appoint, and I do hereby appoint, sworn members of the Connecticut State
					 Police, sworn police officers of any county or municipality in the State of
					 Connecticut, sworn members of the New Jersey State Police, and sworn police
					 officers of any county or municipality in the State of New Jersey as railroad
					 police officers, and to include all rail and bus facilities and property owned,
					 operated or in the custody or control of the Port Authority of New York and New
					 Jersey or its subsidiaries, the Metropolitan Transit Authority or its
					 subsidiaries, New Jersey Transit or its subsidiaries, and ferries certified to
					 carry passengers to and from New York State; and
* Subdivisions 2 through 17 of Section 88  of the Railroad
					 Law, as necessary to effectuate this Order.
(L.S.) GIVEN under my hand and the Privy Seal of the State
					 in the City of Albany this twenty-first day of December in the year two
					 thousand twenty-two.
BY THE GOVERNOR
/S/ Kathy Hochul
/s/ Karen Persichilli Keogh
Secretary to the Governor