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 8.174 - Executive Order No. 174: Declaring a Disaster in the Counties of Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester, and Their Contiguous Areas

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on or about January 4, 2018 and continuing
					 thereafter, hazardous conditions exist in New York City, Long Island, and
					 several other counties due to a severe winter storm impacting the Northeast
					 region of the United States. Snowfall totals up to 12 inches are forecasted in
					 Westchester, New York City and Long Island with the potential for blizzard
					 conditions. Moderate coastal flooding in Long Island during high tide is also
					 possible with wind speeds between 25 and 30 mph and wind gusts up to 60 mph
					 that could cause scattered power outages. This storm could impact New York
					 State and poses an imminent danger to vital public transportation, utility
					 service, and public health and public safety systems within the counties of
					 Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and
					 Westchester, and their contiguous areas; and
WHEREAS, this event may cause widespread power outages and
					 roadway closures, moderate to severe coastal erosion and flooding, damage to
					 homes, apartments, businesses, and public and private property, and will pose a
					 threat to the 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 and
					 the Laws of the State of New York, do hereby find that a disaster is imminent
					 for which the affected local governments are unable to respond adequately.
					 Therefore, pursuant to 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, I hereby
					 declare a State Disaster Emergency effective January 4, 2018 within the
					 territorial boundaries of the counties of Bronx, Kings, Nassau, New York,
					 Queens, Richmond, Rockland, Suffolk, and Westchester, and their contiguous
					 areas; 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 January 4, 2018, 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 State University of New York, 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)(1)(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 hasten the
					 movement of utility power restoration crews into New York State.
FURTHER, I have designated Roger Parrino, Commissioner of
					 the Division of Homeland Security and Emergency Services, as the State
					 Coordinating Officer for this event.
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 January 12, 2018, the following laws:
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;
Section 97-G  of the State Finance Law, to the extent that
					 the Commissioner of General Services or the Commissioner of the Division of
					 Homeland Security and Emergency Services determines it 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
					 1 of the State Constitution, and 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 it 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 that
					 the Commissioner of Transportation or the Commissioner of General Services
					 determines it necessary to combine design and construction services in one
					 contract and/or to obtain design and construction inspection services;
Section 163  of the State Finance Law and Article 4-C of the
					 Economic Development Law, to the extent of allowing the Commissioner of
					 Transportation, the Commissioner of General Services, or the Commissioner of
					 the Division of Homeland Security and Emergency Services to purchase necessary
					 commodities, services, technology and materials without following the standard
					 notice and procurement processes; and
Part F of Chapter 60 of the Laws of 2015, to the extent of
					 allowing the Commissioner of Transportation or the Commissioner of General
					 Services to award design-build and best value contracts without following the
					 proscribed procurement process.
FURTHER, actions pursuant to this emergency necessary for
					 the replacement, rehabilitation, or reconstruction of structures are Type II
					 actions not subject to further review under Article 8 of the Environmental
					 Conservation Law pursuant to 6 NYCRR Part 617.5(c)(33).
FURTHER, I hereby temporarily modify, for the period from
					 the date of this Executive Order through January 12, 2018, 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.
FURTHER, I hereby temporarily suspend, for the period from
					 the date that the disaster emergency was declared pursuant to this Executive
					 Order through January 6, 2018, to the extent that any person or an attorney for
					 any person has been directly affected by the disaster emergency, the following
					 laws:
Section 180.80  of the Criminal Procedure Law, to the extent
					 that it limits the time during which a defendant against whom a felony
					 complaint has been filed with a local criminal court may be held in custody
					 pending the disposition of such felony complaint when such limitation period
					 concludes during the period commencing from the date that the disaster
					 emergency was declared pursuant to this Executive Order;
Section 201  of the Civil Practice Law and Rules, so far as
					 it bars actions whose limitation period concludes during the period commencing
					 from the date that the disaster emergency was declared pursuant to this
					 Executive Order, and so far as it limits a court's authority to extend such
					 time, whether or not the time to commence such an action is specified in
					 Article 2 of the Civil Practice Law and Rules;
Section 5513  of the Civil Practice Law and Rules, so far as
					 it relates to a limitation period that concludes during the period commencing
					 from the date that the disaster emergency was declared pursuant to this
					 Executive Order;
Section 25  of the Court of Claims Act, so far as it relates
					 to a limitation of time to appeal in which a limitation period concludes during
					 the period commencing from the date that the disaster emergency was declared
					 pursuant to this Executive Order;
Sections 30.10 and 30.30  of the Criminal Procedure Law, so
					 far as they may bar criminal prosecutions, in cases whose limitation periods
					 conclude during the period commencing from the date that the disaster emergency
					 was declared pursuant to this Executive Order;
Sections 460.10, 460.30, 460.50 and Article 460 of the
					 Criminal Procedure Law, so far as they relate to a limitation of time to appeal
					 and such limitation period concludes during the period commencing from the date
					 that the disaster emergency was declared pursuant to this Executive Order;
					 and
Section 1113  of the Family Court Act, so far as it relates
					 to a limitation of time to appeal and such limitation period concludes during
					 the period commencing from the date that the disaster emergency was declared
					 pursuant to this Executive Order.
Signed: Andrew M. Cuomo
Dated: January 4, 2018