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 8.91 - Executive order no. 91: continuing the suspension or modification of certain provisions of law and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on October 26, 2012, I issued Executive Order
					 Number 47, declaring a disaster emergency in all 62 counties in the State of
					 New York; and
WHEREAS, Section 29-a  of the Executive Law authorizes the
					 suspension, alteration or modification of statutes, local laws, ordinances,
					 orders, rules or regulations, or parts thereof, if compliance with such
					 provisions would prevent, hinder or delay action necessary to cope with a
					 disaster emergency; and
WHEREAS, on October 31, 2012, I issued Executive Order
					 Number 49 to suspend provisions of law related to vehicle registration;
					 and
WHEREAS, on October 31, 2012, I issued Executive Order
					 Number 50 to, among other things, suspend provisions of the law to facilitate
					 transportation infrastructure recovery; and
WHEREAS, on November 5, 2012, I issued Executive Order
					 Number 64 to suspend and modify statutory and regulatory provisions regarding
					 home health care; and
WHEREAS, on November 7, 2012, I issued Executive Order
					 Number 65 to suspend and modify statutory provisions relating to the
					 transportation of school children in the City of New York; and
WHEREAS, on November 8, 2012, I issued Executive Order
					 Number 67 to suspend and modify regulations relating to the Supplemental
					 Nutrition Assistance Program ("SNAP"); and
WHEREAS, on November 9, 2012, I issued Executive Order
					 Number 69 to suspend and modify statutory and regulatory provisions relating to
					 payment of fees for duplicate state-issued documents and to extend expiration
					 dates of certain state-issued documents; and
WHEREAS, on November 11, 2012, I issued Executive Order
					 Number 71 to suspend and modify statutory and regulatory provisions relating to
					 services provided to individuals with developmental disabilities, mental
					 illness and alcohol and substance abuse disorders; and
WHEREAS, on November 11, 2012, I issued Executive Order
					 Number 72 to suspend and modify provisions of the Health Law and related
					 provisions of the New York Codes, Rules and Regulations ("NYCRR"); and
WHEREAS, on November 20, 2012, I issued Executive Order
					 Number 78 to suspend statutory provisions related to child and family welfare,
					 child day care, juvenile justice, runaway and homeless youth, adult protective
					 services, and residential and non-residential care for victims of domestic
					 violence; and
WHEREAS, on November 20, 2012, I issued Executive Order
					 Number 79 to suspend statutory provisions relating to state contracts and the
					 repair of state facilities; and
WHEREAS, on November 20, 2012, I issued Executive Order
					 Number 81 to, among other things, continue the suspension and modification of
					 provisions of law and regulations ordered by Executive Order Numbers 64, 67,
					 71, 72, 78, and 79 through December 25, 2012, by Executive Order Numbers 49 and
					 50 through December 30, 2012, and by Executive Order Number 65 through January
					 7, 2013; and
WHEREAS, on December 4, 2012, I issued Executive Order
					 Number 85 to continue the suspension of certain provisions of law and
					 regulations ordered by Executive Order Number 69 through January 8, 2013, and
					 to suspend provisions of law relating to fees for duplicate teaching
					 certificates; and
WHEREAS, on December 21, 2012, I issued Executive Order
					 Number 87 to, among other things, continue the suspension and modification of
					 certain provisions of law and regulations ordered by Executive Order Numbers
					 49, 50, 64, 65, 67, 71, 72, 78 and 79 as continued by Executive Order Number
					 81, to continue the suspension and modification of certain provisions of law
					 and regulations ordered by Executive Order Number 69 as continued by Executive
					 Order Number 85, and to continue the suspension of a provision of the Education
					 Law ordered by Executive Order Number 85; and
WHEREAS, Section 29-a  of the Executive Law provides that no
					 suspension of laws shall be made for a period in excess of thirty days,
					 provided, however, that upon reconsideration of all of the relevant facts and
					 circumstances, the suspension may be extended for additional thirty-day
					 periods; and
WHEREAS, property taxes for calendar year December 1, 2011,
					 through November 30, 2012, were due on or about January 10, 2013, in Suffolk
					 County; and
WHEREAS, Section 925-a  of the Real Property Tax Law
					 authorizes the Governor to extend the period for paying such taxes without
					 interest or penalty upon request of the chief executive officer of an affected
					 county, city, town, village or school district during a State disaster
					 emergency by up to twenty-one days from the final date such taxes are currently
					 due; and
WHEREAS, as a result of ongoing disruptions related to the
					 disaster emergency, Suffolk County has requested an extension of the period for
					 paying without interest or penalty property taxes that were otherwise due on or
					 about January 10, 2013; and
WHEREAS, given the difficulties continuing to confront the
					 people of Suffolk County, such an extension is eminently warranted;
NOW, THEREFORE, 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, and after having reconsidered all of the relevant
					 facts and circumstances, do hereby order the following:
1. The suspension and modification of
				  statutory and regulatory provisions ordered by Executive Order Numbers 64, 67,
				  71, 72, 78 and 79, to the extent continued by Executive Order Numbers 81 and
				  87, that will expire on January 24, 2013, shall continue through February 23,
				  2013, except as follows:
a. The provision of
				  Executive Order Number 64 modifying Articles 28-E and 36 of the Public Health
				  Law, Article 139 of the Education Law and any associated regulations to allow
				  home health agencies not approved to operate in New York State to provide
				  services pursuant to a contract with the Federal Emergency Management Agency
				  ("FEMA"), shall not be continued;
b. The provisions of Executive Order Number
				  72, suspending subdivision (3) of Section 3332, subdivision (1) of Section 3333
				  and subdivision (3) of Section 3339  of the Public Health Law and any associated
				  regulations relating to the dispensing of controlled substances by licensed
				  practitioners and pharmacists, and Subpart 58-1 of Title 10 of the NYCRR
				  relating to the ability of the Commissioner of Health to issue provisional
				  permits to laboratories or blood banks for the purpose of conducting permitted
				  categories of tests at alternate locations or conducting categories of tests
				  not listed in the laboratory's permit, shall not be continued;
c. The provision of Executive Order Number 78
				  suspending Subdivision (2) of Section 390  of the Social Services Law and
				  associated regulations relating to providers' compliance with timeframes for
				  submitting renewal application materials and completing activities required for
				  child day care programs, shall be continued, but no other provisions of
				  Executive Order Number 78 shall be continued;