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 9.102 - Executive Order No. 102: Declaring a Disaster Emergency in the State of New York

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, pursuant to sections 362 and 365 the Public Health
					 Services Act ( 42 U.S.C §§ 362 and 365, and the implementing
					 regulation at 42 C.F.R.
					 §
											71.40, on August 2, 2021 the Director
					 of the United States Center for Disease Control ("CDC") issued a Public Health
					 Reassessment and Order Suspending the Right to Introduce Certain Person from
					 Countries Where a Quarantinable Communicable Disease Exists (the "Title 42
					 Order");
WHEREAS, the Title 42 Order prohibits migration into the
					 United States by "covered noncitizens" traveling from Canada or Mexico
					 (regardless of their country of origin) who would otherwise be introduced into
					 a congregate setting in a port of entry or U.S. Border Patrol station at or
					 near the U.S. land and adjacent coastal borders;
WHEREAS, even with the Title 42 Order in place, large
					 numbers of migrants with immediate housing and service needs have arrived in
					 the City and State of New York over the last several months: the City of New
					 York, alone, is currently providing temporary housing for 36,738 migrants from
					 the southern border, a number that has increased by 12,279 individuals since
					 January 2023; and by an additional 1,578 individuals in the just the last
					 week.
WHEREAS, the Title 42 Order is expiring on May 11, 2023,
					 and, upon the expiration of the Title 42 Order, it is anticipated there will be
					 a surge of migration into the United States resulting in the imminent arrival
					 of individuals to the City and State of New York at an increased rate of what
					 is expected to be several thousand additional people seeking shelter each
					 week;
WHEREAS, federal support is critical to support the City of
					 New York and other local governments within the State that lack the
					 infrastructure, facilities, and resources necessary to meet the immediate
					 humanitarian demand to house and meet other basic needs of the large numbers of
					 migrant arrivals; and
WHEREAS, the arrival of increased numbers of migrants
					 seeking shelter in the City and State of New York is expected to exacerbate an
					 already large-scale humanitarian crisis and create a disaster emergency to
					 which local governments are unable to adequately respond, creating a threat to
					 health and safety, which could result in the loss of life or property;
					 and
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 May 9, 2023, for the entire State of New York. This
					 Executive Order shall be in effect through June 8, 2023; 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 May 9, 2023, 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.
FURTHER, by virtue of the authority vested in me by Section
					 29-a of Article 2-B of the Executive Law I hereby temporarily suspend or
					 modify, for the period from the date of this Executive Order through June 8,
					 2023, the following laws to the extent necessary to respond immediately and
					 adequately to protect public health and safety due to the aforementioned
					 emergency:
* 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
					 necessary to add additional work, sites, funding, and time to State contracts
					 or to award contracts, including but not limited to contracts or leases for
					 relocation and support of State operations under Section 3  of the Public
					 Buildings Law; or contracts under Sections 8 and 9  of the Public Buildings Law;
					 or contracts for professional services under Section 136-a  of the State Finance
					 Law; or contracts for purchases of commodities, services, and technology
					 through any federal GSA schedules, federal 1122 programs, or other state,
					 regional, local, multi-jurisdictional, or cooperative contract vehicles;
* 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 103  of the General Municipal Law to the extent
					 necessary to purchase commodities, services, technology and materials without
					 following the standard notice and procurement processes; and
* Sections 768 and 711 of the Real Property and
					 Proceedings Law, Sections 226-c and 232-a  of the Real Property Law, and
					 subdivisions 7, 8, 9, 10 and 13 of section 4  of the Multiple Dwelling Law, to
					 the extent necessary to temporarily prevent the creation of a landlord tenant
					 relationship between any individual assisting with the response to the state of
					 emergency or any individual in need of shelter or housing because of the
					 circumstances that led to the state of emergency, and any individual or entity,
					 including but not limited to any hotel owner, hospital, not-for-profit housing
					 provider or any other person or entity who provides temporary housing for a
					 period of thirty days or more solely for purposes of assisting in the response
					 to the state of emergency.
(L.S.) GIVEN under my hand and the Privy Seal of the State
					 in the City of Albany this ninth day of May in the year two thousand
					 twenty-three.
BY THE GOVERNOR
/S/ Kathy Hochul
/s/ Karen Persichilli Keogh
Secretary to the Governor