No. 39: Declaring a Disaster Emergency in the County of Suffolk

No. 39: Declaring a Disaster Emergency in the County of Suffolk

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No. 39

EXECUTIVEORDER

DECLARING A DISASTER EMERGENCY IN THE COUNTY OF SUFFOLK

WHEREAS, on August 18, 2024, and continuing thereafter, severe storms created hazardous conditions posing an imminent danger to public transportation, utility service, public health, and public safety systems in the county of Suffolk;

WHEREAS, the storm produced nearly 10 inches of rain and was a 1-1,000 year rainfall event for parts of Suffolk County, leading to a flash flood emergency that caused road closures and washouts, travel disruptions, and damage to public and private property, 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 has occurred for which the affected local governments are unable to respond adequately. Therefore, I hereby declare a State Disaster Emergency effective August 23, 2024, for the county of Suffolk. This Executive Order shall be in effect through September 22, 2024; and

FURTHER, pursuant to Section 29 of Article 2-B of the Executive Law, I directed the implementation of the State Comprehensive Emergency Management Plan and authorized, effective August 18, 2024, State agencies, as necessary, 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 CFR 390.23(b), which provides relief from 49 CFR sections 395.2 and 395.5. Such relief from the federal motor carrier hours of service rules 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 to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency, I hereby temporarily suspend or modify, for the period from the date of this Executive Order through September 22, 2024, the following laws:

General Municipal Law Article 5-A to the extent necessary to purchase supplies, services, including construction, and equipment without following the standard notice and procurement processes;

Section 97-G of the State Finance Law, to the extent necessary to purchase food, supplies, services, and equipment or furnish or provide various centralized services to assist affected local governments, individuals, and other non-state entities;

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; and

Sections 163 of the State Finance Law and Article 4-C of the Economic Development Law, to the extent necessary to purchase commodities, services, technology, and materials without following the standard notice and procurement processes.

G I V E N under my hand and the Privy Seal of the
State in the City of Albany this 23rd day
of August in the year two thousand
twenty-four.

BY THE GOVERNOR
Secretary to the Governor