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 9.2 - Executive Order No. 2: Declaring a Disaster in the Counties of Bronx, Dutchess, Kings, Nassu New York Orange, Putnam, Queens, Richmond, Rockland, Sufflolk, Sullivan, Ulster, Westchester And Contiguous Counties

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on September 1, 2021 and. continuing thereafter,
					 Post-Tropical Depression Ida created hazardous conditions in New York State
					 which pose an imminent danger to public transportation, utility service, public
					 health, and public safety systems within the counties of Bronx, Dutchess,
					 Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk,
					 Sullivan, Ulster, Westchester, and contiguous counties.
WHEREAS, Tropical Storm Ida has produced torrential
					 rainfall, and flooding. These conditions caused in excess of 31,300 power
					 outages, downed trees, localized flash flooding, road closures, travel
					 disruptions, and damage to public and private property throughout the impacted
					 areas, which continue to pose a threat to the public health and safety.
NOW, THEREFORE, I, KATHY HOCHUL, Governor of the State of
					 New York, by virtue of 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, do hereby
					 find that a disaster is imminent for which the affected local governments are
					 unable to respond adequately. Therefore, I hereby declare a State Disaster
					 Emergency effective September 2, 2021 within the territorial boundaries of the
					 counties of Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens,
					 Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester, and contiguous
					 counties. This Executive Order shall be in effect through October 2, 2021;
					 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 September 2,2021, the Division of
					 Homeland Security and Emergency Services, the Division of Military and Naval
					 Affairs, the Department of Environmental Conservation, the Department of
					 Corrections and Community Supervision, the Public Service Commission, the
					 Department of Labor, the Office of Parks, Recreation and Historic Preservation,
					 the Office of General Services, the Department of Transportation, Thruway
					 Authority, 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.. 3 90.23 (a)(1)(A), which provides relief from Parts 390 through 399
					 of the Federal Motor Carrier Safety Regulations (FMCSR). Such relief fro m the
					 FMCSR is necessary to ensure that crews can clear vital roadways and hasten the
					 movement of utility power restoration crews into New York State.
FURTHER, 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 October 2,
					 2021, the following laws:
* Section 97-G  of the State Finance Law, to the extent
					 necessary to purchase food, supplies, services, an d equipment or furnish or
					 provide various centralized services to assist affected local governments,
					 individuals, and other non-State entities in responding to and recovering horn
					 the disaster emergency;
* Section 112 of the . State Finance Law, to the extent
					 consistent, with Article V, Section
					 I of the State Constitution, and to the extent
					 necessary to add additional work, sites and time to State contracts;
* Section 163  of the State Finance Law and Article 4-C of
					 the Economic Development Law, to the extent of allowing the purchase of
					 necessary commodities, services, technology and materials without following the
					 standard notice and procurement processes;
* Section 136-a  of the State Finance Law, to the extent
					 necessary to combine design and construction services in one contract and/or to
					 obtain design and construction inspection services;
* Section 38 (1)(2) and (3)  of the Highway Law to the extent
					 necessary to authorize the award of emergency contracts; and
* Sections 375, 385 and 401  of the Vehicle and Traffic Law
					 to the extent that exemption for vehicles validly registered in other
					 jurisdictions from vehicle registration, equipment and dimension requirements
					 is necessary to assist in preparedness and response to the emergency.
FURTHER, I hereby temporarily modify, for the period from
					 the date of this Executive Order through October 2,2021, 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.
GIVEN under my hand and the Privy Seal of the State in the
					 City of Albany this 2nd day of September in the year
					 two thousand twenty-one.
Signed: Kathy Hochul
Dated: September 2, 2021