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 8.87 - Executive order no. 87: continuing the suspension or modification of certain provisions of law and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on October 26, 2012, I issued Executive Order
					 Number 47, declaring a disaster emergency in all 62 counties in the State of
					 New York; and
WHEREAS, Section 29-a  of the Executive Law authorizes the
					 suspension, alteration or modification of statutes, local laws, ordinances,
					 orders, rules or regulations, or parts thereof, if compliance with such
					 provisions would prevent, hinder or delay action necessary to cope with a
					 disaster emergency; and
WHEREAS, on October 31, 2012, I issued Executive Order
					 Number 49 to suspend provisions of law related to vehicle registration;
					 and
WHEREAS, on October 31, 2012, I issued Executive Order
					 Number 50 to, among other things, suspend provisions of the law to facilitate
					 transportation infrastructure recovery; and
WHEREAS, on November 2, 2012, I issued Executive Order
					 Number 56 to suspend and modify regulatory provisions of the State Office for
					 the Aging; and
WHEREAS, on November 2, 2012, I issued Executive Order
					 Number 57 to suspend and modify provisions of the Education Law regarding
					 dialysis services; and
WHEREAS, on November 3, 2012, I issued Executive Order
					 Number 58 to suspend provisions of the Public Health Law and Title 10 of the
					 New York Codes, Rules and Regulations ("NYCRR") regarding the certification of
					 donated water; and
WHEREAS, on November 3, 2012, I issued Executive Order
					 Number 59 to, among other things, suspend statutory and regulatory provisions
					 relating to limitations on motor and home heating fuel; and
WHEREAS, on November 3, 2012, I issued Executive Order
					 Number 60 to suspend and modify statutory provisions relating to the powers of
					 certain security guards; and
WHEREAS, on November 5, 2012, I issued Executive Order
					 Number 64 to suspend and modify statutory and regulatory provisions regarding
					 home health care; and
WHEREAS, on November 7, 2012, I issued Executive Order
					 Number 65 to suspend and modify statutory provisions relating to the
					 transportation of school children in the City of New York; and
WHEREAS, on November 8, 2012, I issued Executive Order
					 Number 66 to suspend and modify statutory and regulatory provisions relating to
					 emergency shelter; and
WHEREAS, on November 8, 2012, I issued Executive Order
					 Number 67 to suspend and modify regulations relating to the Supplemental
					 Nutrition Assistance Program ("SNAP"); and
WHEREAS, on November 9, 2012, I issued Executive Order
					 Number 68 to suspend and modify statutes and regulations to expand access to
					 tetanus immunizations; and
WHEREAS, on November 9, 2012, I issued Executive Order
					 Number 69 to suspend and modify statutory and regulatory provisions relating to
					 payment of fees for duplicate state-issued documents and to extend expiration
					 dates of certain state-issued documents; and
WHEREAS, on November 11, 2012, I issued Executive Order
					 Number 71 to suspend and modify statutory and regulatory provisions relating to
					 services provided to individuals with developmental disabilities, mental
					 illness and alcohol and substance abuse disorders; and
WHEREAS, on November 11, 2012, I issued Executive Order
					 Number 72 to suspend and modify provisions of the Health Law and related
					 provisions of the NYCRR; and
WHEREAS, on November 20, 2012, I issued Executive Order
					 Number 78 to suspend statutory provisions related to child and family welfare,
					 child day care, juvenile justice, runaway and homeless youth, adult protective
					 services, and residential and non-residential care for victims of domestic
					 violence; and
WHEREAS, on November 20, 2012, I issued Executive Order
					 Number 79 to suspend statutory provisions relating to state contracts and the
					 repair of state facilities; and
WHEREAS, on November 20, 2012, I issued Executive Order
					 Number 81 to, among other things, continue the suspension and modification of
					 provisions of law and regulations ordered by Executive Order Numbers 56, 60,
					 64, 66, 67, 68, 71, 72, 78, and 79 through December 25, 2012, by Executive
					 Order Numbers 49 and 50 through December 30, 2012, by Executive Order Numbers
					 57 and 58 through January 2, 2013, by Executive Order Number 59 through January
					 3, 2013, and by Executive Order Number 65 through January 7, 2013; and
WHEREAS, on November 29, 2012, I issued Executive Order
					 Number 82 to suspend and modify certain provisions of the Insurance Law related
					 to licensing of public adjusters; and
WHEREAS, on December 4, 2012, I issued Executive Order
					 Number 85 to continue the suspension of certain provisions of law and
					 regulations ordered by Executive Order Number 69 through January 8, 2013, and
					 to suspend provisions of law relating to fees for duplicate teaching
					 certificates; and
WHEREAS, Section 29-a  of the Executive Law provides that no
					 suspension of laws shall be made for a period in excess of thirty days,
					 provided, however, that upon reconsideration of all of the relevant facts and
					 circumstances, the suspension may be extended for additional thirty-day
					 periods; and
WHEREAS, school district taxes for the 2012-2013 school
					 year were due on or about November 10, 2012, in the school districts located
					 within Nassau County; and
WHEREAS, Section 925-a  of the Real Property Tax Law
					 authorizes the Governor to extend the period for paying such taxes without
					 interest or penalty upon request of the chief executive officer of an affected
					 county, city, town, village or school district during a State disaster
					 emergency by up to twenty-one days from the final date such taxes are currently
					 due; and
WHEREAS, a request for such an extension has been received
					 by the Governor's Office on behalf of the Franklin Square Union Free School
					 District located in Nassau County; and
WHEREAS, given the difficulties confronting the people of
					 the Franklin Square Union Free School District, such an extension is eminently
					 warranted;
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, and after having reconsidered all of the relevant
					 facts and circumstances, do hereby order the following:
The suspension and modification of statutory and regulatory
					 provisions extended by Executive Order Number 81 shall continue as
					 follows:
1. The suspension and
				  modification of statutory and regulatory provisions ordered by Executive Order
				  Numbers 56, 60, 64, 66, 67, 68, 72 and 79, and which will expire on December
				  25, 2012, shall continue through January 24, 2013;
2. The suspension of provisions of law
				  ordered by Executive Order Number 71, and which will expire on December 25,
				  2012, shall continue through January 24, 2013, except that the provision
				  suspending Section 31.27  of the Mental Hygiene Law and any associated
				  regulations, and the provision suspending Sections
				  633.8, 633.14 and 633.17 of Title
				  14 of the NYCRR, shall not be continued;
3. The suspension of statutory and regulatory
				  provisions as ordered by Executive Order Number 78, and which will expire on
				  December 25, 2012, shall be continued through January 24, 2013, only for the
				  following:
a. Parts 441-443, 446-449 and 451
				  of Title 18 of the NYCRR, except with respect to timeframes for completing
				  specified services or activities other than the timeframes related to
				  completing casework contacts and certifying, approving or renewing
				  certifications or approvals of foster family boarding homes;
b. Part 443 of Title 18 of the
				  NYCRR;
c. Subdivision (2) of
				  Section 390, subdivision (3) of Section 390-a, and subdivision (2) of Section 461-b  of the Social Services Law, except that the suspension shall no longer
				  apply to municipalities, runaway and homeless youth programs, and residential
				  programs for victims of domestic violence;
d. Section 459-b  of the Social Services Law
				  and Sections
				  408.6,
				  452.9,
				  454.5 and
				  455.4 of Title 18 of the
				  NYCRR;
e. Sections
				  427.1, 427.7 and 427.9 of Title 18
				  of the NYCRR;
f. Paragraph (a) of
				  subdivision (2) of Section 153-k and Section 398  of the Social Services Law and
				  associated regulations, except that the suspension shall no longer apply to
				  congregate foster care facilities;
g. Paragraph (p) of subdivision (6) of
				  Section 398 and subdivisions (1), (5) and (7) of Section 409-a  of the Social
				  Services Law and paragraph (16) of subdivision (b) of Section 423.2,
				  subdivision (b) of Section 423.4, subdivisions (c) through (j) of Section 430.9
				  and Section
				  435.5 of Title 18 of the NYCRR;
				  and
h. Part 404 of Title 18 of the
				  NYCRR, except that the suspension shall no longer apply to the timeframes for
				  making eligibility and service authorization determinations and
				  redeterminations for social services;