N.Y. Comp. Codes R. & Regs. tit. 9 § 8.165
WHEREAS, high water levels in Lake Ontario and Saint Lawrence River, due to above average precipitation and snow melt throughout the month of April and into May 2017 and projected to continue thereafter, have resulted in coastal flooding, widespread erosion, and water damage to structures and infrastructure, posing an imminent danger to public health and public safety systems within the counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Lawrence, and Wayne; and
WHEREAS, this event has caused widespread coastal flooding and erosion in the affected areas, damage to homes, apartments, businesses, and public and private property, and continues 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 has occurred 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 May 2, 2017, within the territorial boundaries of the counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Lawrence, and Wayne; 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 May 2, 2017, 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, as needed, into the counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Lawrence, and Wayne.
FURTHER, I hereby declare that such actions taken as a result of the emergency shall be exempted from the requirements of Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617.
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 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, for the period from the date that the disaster emergency was declared pursuant to this Executive Order until June 2, 2017, the following laws:
Sections 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;
Sections 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 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, as amended by Part RRR of Chapter 59 of the Laws of 2017, 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 that the disaster emergency was declared pursuant to this Executive Order until June 2, 2017, 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, to the extent necessary to provide the Governor with the authority to regulate traffic and the movement of vehicles on roads, highways, and streets as needed.
Signed: Andrew M. Cuomo
Dated: May 2, 2017
Executive Order No. 165.1
Declaring a Disaster Emergency Within the Territorial Boundaries of the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order No. 165, a disaster has heretofore been declared in the Counties bordering Lake Ontario and the Saint Lawrence River due to coastal flooding, widespread erosion, and water damage to structures and infrastructure resulting from above average precipitation and snow melt throughout the months of April and May 2017; and
WHEREAS, the recreational boating season has commenced, increasing the amount of vessels upon the waters of Lake Ontario and the Saint Lawrence River; and
WHEREAS, due to the extreme high water levels on these waters and the conditions created by such high water levels, vessels travelling at any speeds greater than five (5) miles per hour within six hundred (600) feet of shore would be acting without reasonable and prudent regard for actual and present hazards, including but not limited to excessive floating detritus in the water caused by flood conditions; docks, break walls, and other items that are typically clearly visible, but that are now submerged; and damage to shoreline and property exposed to high water caused by excessive wakes; and
WHEREAS, pursuant to the Navigation Law of the State of New York, the Commissioner of Parks, Recreation and Historic Preservation has the authority to administer the provisions of the Navigation Law, including but not limited to the limitations on the speed at which vessels may be operated in the navigable waters of the State.
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 amend Executive Order 165 by modifying those sections of the Navigation Law, including but not limited to Section 45(1)(b), and the regulations promulgated thereunder, so as to provide specific authority and direction to the Commissioner of Parks, Recreation and Historic Preservation to establish during the continuation of this emergency speed limits of five (5) miles per hour within six hundred (600) feet of shore in the affected counties where she deems it appropriate and necessary.
FURTHER, I hereby extend all of the terms, conditions and directives of Executive Order No. 165 for the period from the date that the disaster emergency was declared pursuant to said Executive Order until July 2, 2017.
Signed: Andrew M. Cuomo
Dated: May 29, 2017
Executive Order No. 165.2
Continuing the Declaration of a Disaster in the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order No. 165, a disaster has heretofore been declared in the Counties bordering Lake Ontario and the Saint Lawrence River due to coastal flooding, widespread erosion and water damage to structures and infrastructures, and
WHEREAS, pursuant to Executive Order No. 165.1, modifications were made to Executive Order No. 165 to provide specific authority and direction to the Commissioner of Parks, Recreation and Historic Preservation to establish speed limits of five (5) miles per hour within six hundred (600) feet of shore in the affected counties where she deems it appropriate and necessary, and to extend to July 2, 2017 the provisions of Executive Order No. 165, and
WHEREAS, waters in Lake Ontario and the Saint Lawrence River remain 30 inches higher than the same time last year and 28 inches higher than the long-term monthly average for June at 248.56 feet, and
WHEREAS, these high waters continue to pose an imminent threat to public health and public safety systems within the counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Lawrence, and Wayne, and
WHEREAS, the dangers presented by vessels traveling at speeds greater than five (5) five miles per hour within six hundred (600) feet of shore and widespread erosion and damages to homes, apartments, businesses and public and private property continue to be a threat to 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 extend all of the terms, conditions and directives of Executive Order Nos. 165 and 165.1 for the period from the date that the disaster emergency was declared pursuant to Executive Order No. 165 until August 2, 2017.
Signed: Andrew M. Cuomo
Dated: June 30, 2017
Executive Order No. 165.3
Continuing the Declaration of a Disaster Emergency within the Territorial Boundaries of the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order No. 165, a disaster has heretofore been declared in the counties bordering Lake Ontario and the Saint Lawrence River due to coastal flooding, widespread erosion and water damage to structures and infrastructure, and
WHEREAS, pursuant to Executive Order No. 165.1, modifications were made to Executive Order No. 165 to provide specific authority and direction to the Commissioner of Parks, Recreation and Historic Preservation to establish speed limits of five (5) miles per hour within six hundred (600) feet of shore in the affected counties where she deems it appropriate and necessary and to extend until July 2, 2017 the provisions of Executive Order No. 165, and
WHEREAS, pursuant to Executive Order No. 165.2, the provisions of Executive Order Nos. 165 165.1 were extended until August 2, 2017, because high waters and the dangers presented by vessels traveling at speeds greater than five (5) miles per hour within six hundred (600) feet of shore continued to pose an imminent threat to public health and public safety systems, and
WHEREAS, these extreme conditions continue to pose an imminent threat to public health and public safety systems within the counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Lawrence, and Wayne.
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 extend all of the terms, conditions and directives of Executive Order Nos. 165 and 165.1 for the period from the date that the disaster emergency was declared pursuant to said Executive Orders until September 2, 2017.
Signed: Andrew M. Cuomo
Dated: August 2, 2017
Executive Order No. 165.4
Continuing the Declaration of a Disaster Emergency within the Territorial Boundaries of the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Lawrence, and Wayne.
WHEREAS, pursuant to Executive Order No. 165, a disaster has heretofore been declared in the counties bordering Lake Ontario and the Saint Lawrence River due to coastal flooding, widespread erosion and water damage to structures and infrastructure, and
WHEREAS, pursuant to Executive Order No. 165.1, modifications were made to Executive Order No. 165 to provide specific authority and direction to the Commissioner of Parks, Recreation and Historic Preservation to establish speed limits of five (5) miles per hour within six hundred (600) feet of shore in the affected counties where she deems it appropriate and necessary and to extend until July 2, 2017 the provisions of Executive Order No. 165, and
WHEREAS, pursuant to Executive Order Nos. 165.2 and 165.3, the provisions of Executive Order Nos. 165 and 165.1 were extended until September 2, 2017, because high waters and the dangers presented by vessels traveling at speeds greater than five (5) miles per hour within six hundred (600) feet of shore continued to pose an imminent threat to public health and public safety systems, and
WHEREAS, these extreme conditions continue to pose an imminent threat to public health and public safety systems within the counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Lawrence and Wayne.
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 extend all of the terms, conditions and directives of Executive Order Nos. 165 and 165.1 for the period from the date that the disaster emergency was declared pursuant to said Executive Orders until October 2, 2017.
Signed: Andrew M. Cuomo
Dated: September 1, 2017
N.Y. Comp. Codes R. & Regs. Tit. 9 § 8.165