N.Y. Comp. Codes R. & Regs. tit. 9 § 8.17
WHEREAS, on August 27, 2011, and continuing thereafter, Hurricane Irene is forecast to impact New York State, which will result in evacuations of the threatened populations and poses an imminent danger to public health, and public safety systems within the Counties of Bronx, Kings, New York, Queens, Richmond, Nassau, Suffolk and contiguous areas.
WHEREAS, this event may cause power outages and extensive flooding; damage to homes, businesses and transportation infrastructure; the disruption of local water supplies, and may result in personal hardships, displacing thousands of families, as well as hamper the movement of medical and emergency personnel, and will continue 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 may be 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 August 25, 2011 within the territorial boundaries of the Counties of Bronx, Kings, New York, Queens, Richmond, Nassau, Suffolk and contiguous areas; and
FURTHER, pursuant to Section 29 of Article 2-B of the Executive Law, I direct the implementation of the State Disaster Preparedness Plan and authorize, effective August 25, 2011, the State Office of Emergency Management, the Department of Health, the Department of Transportation, the State Police, the Division of Military and Naval Affairs, the Department of Environmental Conservation, the State 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, the American Red Cross and other State agencies as necessary, to take appropriate action to protect State property and to assist affected local governments and individuals in preparing for, 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 in order to hasten the movement of utility power restoration crews into New York State.
IN ADDITION, this declaration satisfies the requirements of Executive Law § 29-g, which authorizes use of the Emergency Management Assistance Compact (EMAC) and satisfies the requirements of § 29-g(3)(c).
FURTHER, I have designated Andrew X. Feeney, Director of the State Office of Emergency Management (NYSOEM) as the State Coordinating Officer for this event.
Signed: Andrew M. Cuomo
Dated: August 25, 2011
N.Y. Comp. Codes R. & Regs. Tit. 9 § 8.17