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 8.153 - Executive Order No. 153: Declaring a Disaster in the Counties of Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, and Westchester, and Contiguous Areas

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on or about January 23, 2016 and continuing
					 thereafter, hazardous winter weather conditions exist in New York City, Long
					 Island, and several other counties due to a Nor'easter impacting the region
					 across several states. Snowfall totals of 18 to 24 inches are forecast in 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 30 and 40 mph and wind gusts up to 55 mph that could cause
					 scattered power outages. This Nor'easter 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, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, and Westchester,
					 and their contiguous areas; and
WHEREAS, this event may cause widespread power outages,
					 moderate to severe coastal erosion and flooding, damage to homes, apartments,
					 businesses, and public and private property, damage and uproot trees, and
					 continue to 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 23, 2016 within the
					 territorial boundaries of the counties of Bronx, Kings, Nassau, New York,
					 Orange, Putnam, 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 23, 2016, 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)(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 hasten the
					 movement of utility power restoration crews into New York State.
IN ADDITION, this declaration satisfies the requirements of
					 Executive Law 29-g, which authorizes use of the Emergency Management Assistance
					 Compact and satisfies the requirements of Executive Law 29-g(3)(c).
FURTHER, I have designated John Melville, 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 until January 25, 2016, 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 that the Commissioner of
					 Transportation determines it 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 9 (2) and (4)  of the Public Buildings Law and
					 Article 4-C of the Economic Development Law, to the extent the Commissioner of
					 General Services determines it necessary to authorize the award of emergency
					 contracts and/or to combine design and construction services in contracts
					 and/or to use such contracts and services when needed at a threshold above six
					 hundred thousand dollars;
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 l 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;
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;
					 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, I hereby temporarily modify, for the period from
					 the date of this Executive Order until January 25, 2016, 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: January 23, 2016