N.Y. Comp. Codes R. & Regs. tit. 9 § 9.108
WHEREAS, on July 10, 2023, and continuing thereafter, severe thunderstorms have created hazardous conditions in New York State posing an imminent danger to public transportation, utility service, public health, and public safety systems in counties throughout the State;
WHEREAS, the storms are producing torrential downpours, high winds, and flash flooding, resulting in downed trees, road closures, travel disruptions, power outages, and damage to public and private property throughout the State, which pose a threat to the public health and safety;
NOW, THEREFORE, I, KATHY HOCHUL, Governor of the State of New York, by virtue of 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, do hereby find that a disaster is occurring for which the affected local governments are unable to respond adequately. Therefore, I hereby continue the State Disaster Emergency in Ontario and Orange Counties, as declared in Executive Order No. 29, and declare a State Disaster Emergency effective July 10, 2023, for the Counties of Albany, Broome, Cayuga, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Oneida, Onondaga, Oswego, Otsego, Putnam, Rensselaer, Rockland, St Lawrence, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, and Yates. This Executive Order shall be in effect through August 9, 2023; 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 July 10, 2023, 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)(l)(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 ensure that crews can clear vital roadways and hasten the movement of utility power restoration crews into New York State;
FURTHER, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law, I hereby temporarily suspend or modify, for the period from the date of this Executive Order through August 9, 2023, the following laws to the extent necessary to respond immediately and adequately to protect public health and safety due to the aforementioned emergency:
* Section 112 of the State Finance Law, to the extent consistent with Article V, Section I of the State Constitution, and to the extent necessary to add additional work, sites and time to State contracts;
(L.S.) GIVEN undermyhand and the Privy Seal of the State in the City of Albany this tenth day of July in the year two thousand twenty-three. B
BY THE GOVERNOR
/S/ Kathy Hochul
/s/ Karen Persichilli Keogh
Secretary to the Governor
N.Y. Comp. Codes R. & Regs. Tit. 9 § 9.108