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 9.118 - Executive Order No. 118: Declaring a Disaster Emergency in the Counties of Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Ulster, Westchester, and Contiguous Counties

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on September 29, 2023, and continuing thereafter,
					 a severe storm has created hazardous conditions posing 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, Ulster, Westchester, and
					 contiguous counties;
WHEREAS, the storm is producing torrential rain and flash
					 flooding, resulting in road closures, travel disruptions, widespread power
					 outages, and damage to public and private property, which 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 29, 2023, for the counties of Bronx, Dutchess,
					 Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk,
					 Ulster, Westchester, and contiguous counties. This Executive Order shall be in
					 effect through October 29, 2023; 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 29, 2023, 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)(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 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, 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, I hereby temporarily suspend or modify, for the period from the date
					 of this Executive Order through October 6, 2023, the following laws:
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; and
Section 163  of the State Finance Law and Article 4-C of the
					 Economic Development Law, to the extent necessary to purchase commodities,
					 services, technology and materials without following the standard notice and
					 procurement processes.
(L.S.) GIVEN under my hand and the Privy Seal of the State
					 in the City of Albany this twenty-ninth day of September in the year two
					 thousand twenty-three.
BY THE GOVERNOR
/S/ Kathy Hochul
/s/ Karen Persichilli Keogh
Secretary to the
					 Governor