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
