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 8.99 - Executive order no. 99: temporary suspension of provisions relating to transportation infrastructure recovery for the state disaster emergency

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on October 26, 2012 I issued Executive Order No.
					 47 declaring a disaster emergency in all 62 counties in the State of New
					 York.
WHEREAS, on April 24, 2013, I issued Executive Order No. 98
					 to continue the declaration of the disaster emergency declared by Executive
					 Order No. 47 in the counties of Bronx, Kings, Nassau, New York, Orange, Putnam,
					 Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster and Westchester for
					 ninety days;
WHEREAS, the facilities of the Metropolitan Transportation
					 Authority and its subsidiaries or affiliates (collectively, the "MTA")
					 sustained significant damage as a result of, or during, Superstorm
					 Sandy;
WHEREAS, the MTA will receive significant federal
					 assistance money for (i) the repair, reconstruction or rehabilitation of
					 bridges, tunnels, subway or rail lines, facilities, infrastructure and
					 equipment damaged as a result of, or during, Superstorm Sandy; and (ii)
					 mitigation work taken to protect against future storm-related damage to such
					 bridges, tunnels, subway or rail lines, facilities, infrastructure and
					 equipment;
WHEREAS, the MTA needs to expedite the award of contracts
					 in order to promptly perform such necessary critical repairs, reconstruction,
					 rehabilitation and mitigation work and to maximize the use of federal
					 assistance money;
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 to temporarily suspend specific provisions of any
					 statute, local law, ordinance, orders, rules or regulations, or parts thereof,
					 of any agency during a State disaster emergency, if compliance with such
					 provisions would prevent, hinder or delay action necessary to cope with the
					 disaster, hereby temporarily suspend, for the period from the date of this
					 Executive Order until further notice, the following laws:
Sections 1209 and 1265-a  of the Public Authorities Law, to
					 the extent that the Chief Executive Officer or Executive Director of the MTA
					 determines it necessary to:
(i)
				  authorize the award of contracts without the use of sealed bids or other
				  prescribed competitive procurement processes for the repair, reconstruction or
				  rehabilitation of bridges, tunnels, subway or rail lines, facilities,
				  infrastructure or equipment damaged as a result of, or during, Superstorm Sandy
				  and for the purchase of equipment, materials and supplies to perform such work;
(ii) authorize the award of
				  contracts without the use of sealed bids or other prescribed competitive
				  procurement processes to undertake mitigation work to protect against future
				  storm-related damage to such bridges, tunnels, subway or rail lines,
				  facilities, infrastructure or equipment and to purchase equipment, materials
				  and supplies to perform such work; and
(iii) add work, sites and time to existing
				  MTA contracts;
Section 2879 (3)(b)(ii)  of the Public Authorities Law to the
					 extent that the Chief Executive Officer or Executive Director of the MTA
					 determines it necessary to suspend the MTA guidelines for procurement contracts
					 involving services to be rendered over a period in excess of one year.
Signed: Andrew M. CuomoDated: May 17, 2013