N.Y. Comp. Codes R. & Regs. tit. 9 § 4.95
WHEREAS, The processing, storage and transportation of hazardous substances pose a real and ever-present threat to the health and safety of every citizen of the State of New York and, therefore, measures should be undertaken to provide protection against any hazardous substance release into the environment; and
WHEREAS, The "Federal Superfund Amendments and Reauthorization Act of 1986" (the Act) was approved by the President on October 17, 1986, containing provisions, in title III thereof, for emergency planning and community right to know, which require that each Governor establish and appoint a state commission to direct the development of comprehensive emergency response plans throughout the State as well as to designate local emergency planning districts; and
WHEREAS, Article 2-B of the State Executive Law establishes the New York State Disaster Preparedness Commission to oversee all disaster programs as well as to assist in the development of local government preparedness plans, and, as such, it has the existing authority and expertise to serve as the State Emergency Response Commission to oversee the State duties and responsibilities prescribed under title III of the Act:
NOW, THEREFORE, I, Mario M. Cuomo, Governor, under the authority vested in me by the Constitution and laws of the State of New York, in order to provide for an effective program to carry out the requirements of title III of the Federal Superfund Amendments and Reauthorization Act of 1986, do hereby order and direct that, effective April 17, 1987, the Disaster Preparedness Commission is hereby designated as the "State Emergency Response Commission" to direct State efforts to carry out the purposes of title III of the Act.
Signed: Mario M. Cuomo
Dated: April 15, 1987
N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.95