WHEREAS, on August 25, 2011, I issued Executive Order
Number 17 declaring a disaster emergency in the counties of Bronx, Kings, New
York, Queens, Richmond, Nassau, Suffolk and contiguous areas in the State of
New York; and
WHEREAS, on September 15, 2011, as a result of the power
outages and extensive flooding and damages to homes, businesses and
transportation networks caused by Hurricane Irene and Tropical Storm Lee, I
issued Executive Order Number 22 in order to amend Executive Order Number 17 to
declare a State disaster emergency, effective September 12, 2011, within the
territorial boundaries of the following additional Counties: Albany, Broome,
Chenango, Chemung, Clinton, Columbia, Delaware, Dutchess, Essex, Greene,
Herkimer, Montgomery, Oneida, Orange, Otsego, Putnam, Rensselaer, Rockland,
Saratoga, Schenectady, Schoharie, Sullivan, Tioga, Ulster, Warren, Washington
and Westchester; and
WHEREAS, Section
29-a of the Executive Law authorizes the
suspension, alteration or modification of statutes, local laws, ordinances,
orders, rules or regulations, or parts thereof, if compliance with such
provisions would prevent, hinder or delay action necessary to cope with a
disaster emergency; and
WHEREAS, there are available funds from the New York Main
Street Program to address the immediate needs of local businesses, including
the rehabilitation of commercial buildings and the replacement of permanent
fixtures and equipment;
NOW, THEREFORE, 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 and otherwise alter or modify
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 or modify, for
the period from the date of this Executive Order until further notice, the
following laws under the following conditions:
1. Subdivision (4-a) of Section
146 of the Executive Law, to the extent that
the chairperson of the Housing Trust Fund Corporation determines it necessary
to waive any requirement to publish, in the State Register or elsewhere, notice
of the availability of Main Street Program funds;
2. Subdivision (3) of Section
1221 of the Private Housing Finance Law, to
the extent of allowing New York Main Street Program funds to be used in
disaster emergency areas that might not otherwise be eligible;
3. Subdivision (4) of Section 1221 and
subdivision (5) of Section
1222 of the Private Housing Finance Law, to
the extent of eliminating New York Main Street Program's minimum requirements
for submitting a plan or proposal, thereby allowing the Housing Trust Fund
Corporation and/or any eligible applicant to expedite the delivery of Main
Street Program funds in disaster emergency areas;
4. Subdivision (2) of Section
1222 of the Private Housing Finance Law, to
the extent that the Housing Trust Fund Corporation would be permitted to make
awards larger than the $500,000 limit on Main Street Program contracts to new
applicants or to award additional Main Street Program funds to existing Main
Street participants;
5. Subdivision
(3) of Section
1222 of the Private Housing Finance Law, to
the extent that the Chairperson of the Housing Trust Fund Corporation
determines that an eligible applicant or an existing Main Street Program
participant can reasonably justify an increase in the limit on the percentage
of a Main Street contract that can be used for approved planning and
administrative cost; and
6.
Subdivision (2) of Section 14.09 of the Parks, Recreation and Historic
Preservation
Law, to the extent of requiring the
Commissioner of Parks,
Recreation and Historic Preservation to undertake in an expedited fashion the
required review as to whether an applicable project may have an adverse impact
on any property that is listed on the national register of historic places or
on the state register or is determined to be eligible for the state register.
Signed: Andrew M. CuomoDated: November 10,
2011
