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 9.68 - Executive Order No. 68: Declaring A Disaster In The Counties Of Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester, And Contiguous Counties

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on January 28,2022 and continuing thereafter, a
					 severe winter storm is expected to create hazardous conditions in New York
					 State posing an imminent danger to public transportation, utility service,
					 public health, and public safety systems within the counties of Bronx, Kings,
					 Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester, and
					 contiguous counties;
WHEREAS, the storm is anticipated to produce heavy
					 snowfall, gale force winds, and blizzard-like conditions which may cause
					 coastal erosion, road closures, travel disruptions, power outages, and damage
					 to public and private property throughout the impacted areas, 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 8:00 P.M. on January 28,2022 within the territorial
					 boundaries of the counties of Bronx, Kings, Nassau, New York, Putnam, Queens,
					 Richmond, Rockland, Suffolk, Westchester, and contiguous counties. This
					 Executive Order shall be in effect through February 27,2022;
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 from the date of tins Executive Order,
					 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)(1)(A), which
					 provides relief from Parts 390 through 399 of the Federal Motor Carrier Safety
					 Regulations (FMCSR). Such relief from tire 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 February 27,2022, 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 necessary to purchase 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;
* Sections 375, 3 85 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;
* Section 107.1 of Title 21 NY Codes, Rules, &
					 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, and
* Section 359-a and Section 2879  of the Public Authorities
					 Law to the extent of allowing the New York State Thruway Authority to purchase
					 necessary goods and services without following the standard procurement
					 processes.
GIVEN under my hand and the Privy Seal of the State in the
					 City of Albany this twenty eighth day of January in the year two thousand
					 twenty-two.
Signed: Kathy Hochul
Dated: January 28, 2022