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 9.83 - Executive Order No. 83: Declaring a Disaster Emergency in the Counties of Cattaraugus, Chautauqua, Erie, Genesee, Jefferson, Lewis, Niagara, Oneida, Oswego, St. Lawrence and Wyoming and Contiguous Counties

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on November 17, 2022 and continuing thereafter, a
					 severe winter storm is expected to create hazardous conditions in New York
					 State posing an imminent danger to public transportation, utility service,
					 public health, and public safety systems within the counties of Cattaraugus,
					 Chautauqua, Erie, Genesee, Jefferson, Lewis, Niagara, Oneida, Oswego, St.
					 Lawrence and Wyoming, and contiguous counties;
WHEREAS, the storm is anticipated to produce heavy
					 snowfall, high winds, and blizzard-like conditions, resulting in road closures,
					 travel disruptions, power outages, and damage to public and private property
					 throughout the impacted areas, which pose a threat to the public health and
					 safety;
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 November 17, 2022 within the territorial boundaries of
					 Cattaraugus, Chautauqua, Erie, Genesee, Jefferson, Lewis, Niagara, Oneida,
					 Oswego, St. Lawrence and Wyoming, and contiguous counties. This Executive Order
					 shall be in effect through December 17, 2022; 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 November 17, 2022, 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
					 snow 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, I hereby temporarily suspend or modify, for the period from the date
					 of this Executive Order through December 17, 2022, 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 necessary to purchase commodities,
					 services, technology and materials without following the standard notice and
					 procurement processes;
* Section 136-a  of the State Finance Law, to the extent
					 necessary to combine design and construction services in one contract and/or to
					 obtain design and construction inspection services to respond to and to recover
					 from the disaster emergency;
* Section 38 (1)(2) and (3)  of the Highway Law to the
					 extent necessary to authorize the award of emergency contracts;
* Sections 375, 385 and 401  of the Vehicle and Traffic Law
					 to the extent that exemption for vehicles validly registered in other
					 jurisdictions from vehicle registration, equipment and dimension requirements
					 is necessary to assist in preparedness and response to the emergency;
* 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; and
* 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.
(L.S.) GIVEN under my hand and the Privy Seal of the State
					 in the City of Albany this seventeenth day of November in the year two thousand
					 twenty-two.
BY THE GOVERNOR
/S/ Kathy Hochul
/s/ Karen Persichilli Keogh
Secretary to the Governor