Cuomo declares a state disaster emergency for the Bronx and other counties
By Moses Kuwema
New York State Governor Andrew Cuomo on Monday declared a state disaster emergency within the territorial boundaries of the counties of the Bronx and others following a winter storm that has impacted the state.
Governor Cuomo said the winter storm that has impacted New York State, posed an imminent danger to vital public transportation, utility service, public health, and public safety systems within the counties of Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester, and contiguous counties.
"Whereas, this winter storm is anticipated to produce snowfall amounts of up to 24 inches, at a rate of up to three inches per hour, wind gusts as high as 60mph, and coastal flooding in low lying areas. These conditions are anticipated to cause widespread power outages and road closures, travel disruptions, and damage to public and private property throughout the impacted areas and will pose a threat to the public health and safety," Governor Cuomo said.
Governor Cuomo said by virtue of the authority vested in him by the Constitution of the State of New York and Section 28 of Article 2-B of the Executive Law, he found that a disaster was imminent for which the affected local governments would be unable to respond adequately.
He said his Executive Order would be in effect through March 3, 2021.
"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 all necessary agencies 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, welfare and safety," he said.
Governor Cuomo said in addition, the 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).
He said such relief from the FMCSR was 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, of any agency during a State disaster emergency, 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 or if necessary to assist or aid in coping with such disaster, I hereby temporarily suspend or modify, for the period from the date of this Executive Order through March 3, 2021, the following laws:
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 in responding to and recovering from the disaster 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;
Section 163 of the State Finance Law and Article 4-C of the Economic Development Law, to the extent of allowing the purchase of necessary commodities, services, technology and materials without following the standard notice and procurement processes."