New York Codes, Rules and Regulations › Title 99 - Executive Orders (Andrew M. Cuomo) › Chapter I - EXECUTIVE ORDERS (ANDREW M. CUOMO) › Part 8 - EXECUTIVE ORDERS (ANDREW M. CUOMO), SIGNED FEBRUARY 1, 2021 THROUGH AUGUST 21, 2021 › Section 209 - Declaring a Disaster in the Counties of Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester, and Contiguous Counties

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on February 1, 2021, and continuing thereafter, a
				  winter storm has impacted New York State, posing an imminent danger to vital
				  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, this winter storm is anticipated to produce snowfall
				  amounts of up to 24 inches, at a rate of up to three inches per hour, wind
				  gusts as high as 60mph, and coastal flooding in low lying areas. These
				  conditions are anticipated to cause widespread power outages and road closures,
				  travel disruptions, and damage to public and private property throughout the
				  impacted areas and will pose a threat to the public health and safety.
NOW, THEREFORE, I, ANDREW M. CUOMO, 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 February 1, 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 March 3, 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 all necessary agencies 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, welfare 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, 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 March 3,
				  2021, the following laws:
* 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 governments,
				  individuals, and other non-State entities in responding to and recovering from
				  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.
FURTHER, I hereby temporarily modify, for the period from the
				  date of this Executive Order through March 3, 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.
Signed: Andrew M. Cuomo
Dated: February 1, 2021
Executive Order No. 209.1
Declaring a Disaster in the Counties of Albany, Broome,
				  Cayuga, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Essex,
				  Fulton, Greene, Hamilton, Herkimer, Madison, Montgomery, Oneida, Onondaga,
				  Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Tioga,
				  Tompkins, Warren, Washington, Yates, and Contiguous Counties.
WHEREAS, pursuant to Executive Order Number 209, a disaster
				  has heretofore been declared due to a winter storm affecting the counties of
				  Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond,
				  Rockland, Suffolk, Sullivan, Ulster, Westchester, and contiguous
				  counties;
WHEREAS, this winter storm is expected cause additional
				  widespread power outages and road closures, travel disruptions, and damage to
				  public and private property throughout the impacted areas and will pose a
				  threat to the public health and safety;
NOW, THEREFORE, I, ANDREW M. CUOMO, 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 herby
				  amend Executive Order Number 209 to include Albany, Broome, Cayuga, Chemung,
				  Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Fulton, Greene,
				  Hamilton, Herkimer, Madison, Montgomery, Oneida, Onondaga, Otsego, Rensselaer,
				  Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Tioga, Tompkins, Warren,
				  Washington, Yates, and contiguous counties beginning on February l, 2021. This
				  Executive Order shall be in effect through March 3, 2021
Signed: Andrew M. Cuomo
Dated: February 1, 2021