New York Codes, Rules and Regulations › Title 99 - Executive Orders (Andrew M. Cuomo) › Chapter I - EXECUTIVE ORDERS (ANDREW M. CUOMO) › Part 8 - EXECUTIVE ORDERS (ANDREW M. CUOMO), SIGNED FEBRUARY 1, 2021 THROUGH AUGUST 21, 2021 › Section 213 - Declaring a Disaster in the Counties of Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester, Putnam, Rockland, Orange, Dutchess, Sullivan, Columbia, Delaware, Greene, Broome, Chenango, Otsego, Rensselaer, Schoharie, Albany, Montgomery, Schenectady, Saratoga, and Contiguous Counties

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, it is anticipated that on August 21, 2021 and
				  continuing thereafter, a hurricane will create hazardous conditions which pose
				  an imminent danger to public health and safety, public transportation, utility
				  service, and public safety systems in the counties of Bronx, Kings, Nassau, New
				  York, Queens, Richmond, Suffolk, Westchester, Putnam, Rockland, Orange,
				  Dutchess, Sullivan, Columbia, Delaware, Greene, Broome, Chenango, Otsego,
				  Rensselaer, Schoharie, Albany, Montgomery, Schenectady, Saratoga, and
				  contiguous counties.
WHEREAS, this hurricane is expected to produce hurricane
				  force winds, torrential rainfall, storm surge, and flooding. These conditions
				  are likely to cause power outages, downed trees, localized flash flooding, road
				  closures, travel disruptions, and damage to public and private property
				  throughout the affected areas, whereby impacting 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 August 21, 2021 within the territorial boundaries of the
				  counties of Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk,
				  Westchester, Putnam, Rockland, Orange, Dutchess, Sullivan, Columbia, Delaware,
				  Greene, Broome, Chenango, Otsego, Rensselaer, Schoharie, Albany, Montgomery,
				  Schenectady, Saratoga, and contiguous counties. This Executive Order shall be
				  in effect through September 20, 2021; 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 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, by virtue of the authority vested in me by Section
				  29-a of Article 2-B of the Executive Law to temporarily suspend or modify any
				  statute, local law, ordinance, order, rule, or regulation, or parts thereof, if
				  compliance with such statute, local law, ordinance, order, rule, or regulation
				  would prevent, hinder, or delay action necessary to cope with the disaster
				  emergency or if necessary to assist or aid in coping with such disaster, I
				  hereby temporarily suspend or modify, for the period from the date of this
				  Executive Order through September 20, 2021, the following laws:
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
				  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;
Section 163  of the State Finance Law and Article 4-C of the
				  Economic Development Law, to the extent of allowing the purchase of necessary
				  commodities, services, technology and materials without following the standard
				  notice and procurement processes.
FURTHER, I hereby temporarily modify, for the period from the
				  date of this Executive Order through September 20, 2021, 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: August 21, 2021