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 8.199 - Executive Order No. 199: Declaring a Disaster in the Counties of Albany, Columbia, Greene, Rensselaer, Schenectady, Saratoga, and Ulster, and Contiguous Counties

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on December 1, 2019, and continuing thereafter, a
					 severe winter storm began to impact New York State, posing an imminent danger
					 to vital public transportation, utility service, public health, and public
					 safety systems within the counties of Albany, Columbia, Greene, Rensselaer,
					 Schenectady, Saratoga, and Ulster, and contiguous counties; and
WHEREAS, this winter storm is anticipated to produce
					 snowfall amounts of up to 24 inches, at a rate of up to one to two inches per
					 hour, with ice and sleet. These conditions may 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 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 December 2, 2019 within the territorial boundaries of the
					 counties of Albany, Columbia, Greene, Rensselaer, Schenectady, Saratoga, and
					 Ulster, and contiguous counties. This Executive Order shall be in effect until
					 December 9, 2019; 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 December 2, 2019, the State Office of
					 Emergency Management, the Department of Health, the Department of
					 Transportation, the Division of State Police, the Division of Military and
					 Naval Affairs, the Department of Environmental Conservation, the Department of
					 Corrections and Community Supervision, the Public Service Commission, the
					 Office of Fire Prevention and Control, the Department of Labor, the Office of
					 Parks, Recreation and Historic Preservation, the Office of General Services,
					 the Thruway Authority, the Division of Homeland Security and Emergency
					 Services, other 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, 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 through December 9, 2019, the following laws:
Section 38 (1) (2) and (3)  of the Highway Law and Article
					 4-C of the Economic Development Law, to the extent necessary to authorize the
					 award of emergency contracts and/or to combine design and construction services
					 in contracts and to use such services when needed;
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, including but not limited to, building
					 design and construction 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, to award
					 emergency contracts or award leases for relocation and support of State
					 operations under Public Buildings Law Section 3, to award emergency contracts
					 under Public Buildings Law Section 9, to award emergency contracts for
					 professional services under Section 136-a  of the State Finance Law and to award
					 emergency contracts for commodities, services, technology, and materials
					 pursuant to Section 163  of the State Finance Law;
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 359-a and Section 2879  of the Public Authorities
					 Law to the extent necessary to purchase necessary goods and services without
					 following the standard procurement processes;
Sections 375, 385 and 401  of the Vehicle and Traffic Law,
					 to the extent that exemption for vehicles validly registered in other
					 jurisdictions from the vehicle registration, equipment and dimension
					 requirements is necessary to assist in disaster preparedness and recovery
					 efforts;
Part F of Chapter 60 of the Laws of 2015, and Chapter 59 of
					 2017 to the extent necessary to award design-build and best value contracts
					 without following the proscribed procurement process; and
Article 8 of the Environmental Conservation Law, and Part
					 15 of Title 17 and Part 617 of Title 6 of the New York Code of Rules and
					 Regulations, to the extent that the Commissioner of Transportation, the
					 Commissioner of General Services, or the Commissioner of the Division of
					 Homeland Security and Emergency Services determines that work is immediately
					 necessary for the replacement, rehabilitation, or reconstruction of
					 structures.
FURTHER, I hereby temporarily modify, for the period from
					 the date of this Executive Order through December 9, 2019, 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: December 2, 2019