Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, on August 25, 2011, I issued Executive Order
Number 17 declaring a State disaster emergency in the Counties of Bronx, Kings,
New York, Queens, Richmond, Nassau, Suffolk and contiguous areas in the State
of New York; and
WHEREAS, on August 27, 2011 and continuing thereafter,
Hurricane Irene and Tropical Storm Lee caused power outages and extensive
flooding; damage to homes, businesses, farms and transportation infrastructure;
destruction of crops and loss of livestock; and resulted in personal hardships,
displacing families, including farm families, in many areas of the State;
and
WHEREAS, on September 15, 2011, I issued Executive Order
Number 21, amending Executive Order Number 17 to declare a State disaster
emergency in additional counties affected by these weather events, including
Albany, Broome, Chenango, Chemung, Clinton, Columbia, Delaware, Dutchess,
Essex, Greene, Herkimer, Montgomery, Oneida, Orange, Otsego, Putnam,
Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Sullivan, Tioga,
Ulster, Warren, Washington and Westchester; and
WHEREAS, there is a need to address the devastation to
farms caused by these disasters, assist farmers in rehabilitating farmland,
prevent further degradation of natural resources through the implementation or
repair of Emergency Conservation Best Management Practices, and address the
immediate capital needs of farms, including the rehabilitation of farm
buildings and the replacement of permanent fixtures and equipment; and
WHEREAS, on September 3, 2011, I announced the creation of
an Agricultural and Community Recovery Fund ("ACRF") to help rebuild the
agricultural industry in farming areas impacted by these disasters. The ACRF
includes moneys from:
(i) the Upstate
Agricultural Economic Development Capital Fund for Soil and Water Conservation
Districts to assist farmers in rehabilitating farmland damaged by natural
disasters and to prevent further degradation of natural resources through the
implementation or repair of Emergency Conservation Best Management Practices,
(ii) the Community Development
Block Grant program for on-farm operations and capital expenses, and
(iv) such other funds that are made available
at any time for purposes of this Order; and
NOW, THEREFORE, 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 and otherwise alter 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, herby temporarily suspend or modify, for
the period from the date of this Executive Order until further notice, the
following laws:
1. Subdivisions (1),
(2) and (4) of Section 16-s of Chapter 174 of the Laws of 1968, to the extent
that the Commissioner of Agriculture and Markets is authorized to provide
financial assistance to soil and water conservation districts, as defined by
subdivision (1) of Section
3 of the Soil and Water Conservation Districts
Law, for eligible activities as set forth in subdivision (2) of Section 16-s,
pursuant to criteria developed by the Commissioner, in the event that the
Commissioner determines it necessary to authorize the award of emergency
contracts to Soil and Water Conservation Districts;
2. The appropriation language amended and
reappropriated by Section 1 of Chapter 54 of the Laws of 2011 for the Upstate
Agricultural Economic Development Fund as part of the New York State Urban
Development Corporation ("UDC") Capital Projects Reappropriations for
2011-2012, to the extent that $5 million of the appropriation from the Upstate
Agricultural Economic Development Fund to be suballocated to the Department of
Agriculture and Markets and administered by the Commissioner of Agriculture and
Markets for the ACRF shall not be subject to a plan submitted by the Chair of
the Upstate Empire State Development Corporation and approved by the Director
of the Budget;
3. Sections
142
and
143 of
the Economic Development Law, to the extent that the Commissioner of
Agriculture and Markets determines it necessary to waive any requirement to
publish, in the State procurement opportunities newsletter or elsewhere, notice
of procurement contract opportunities in relation to the provision of funds for
Soil and Water Conservation Districts under the ACRF;
4. Subdivision (4-a) of Section
146 of the
Executive Law, to the extent that (i) the Commissioner of Agriculture and
Markets determines it necessary to waive any requirement to publish, in the
State Register or elsewhere, notice of the availability of funds for Soil and
Water Conservation Districts under the ACRF, and (ii) the chairperson of the
Housing Trust Fund Corporation determines it necessary to waive any requirement
to publish, in the State Register or elsewhere, notice of the availability of
funds from the Community Block Grant Development program designated under the
ACRF;
5. 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 Agriculture and Markets determines it
necessary to award emergency contracts;
6. Sections
139-j,
139-k and
163 of the
State Finance Law, to the extent of allowing the Commissioner of Agriculture
and Markets to purchase necessary commodities and contract for services without
following the standard procurement process;
7. Section
21-2100 of the
Village Law, to the extent of eliminating the seven-day minimum wait period
before a public hearing can be conducted and any other notice requirement,
thereby allowing the Housing Trust Fund Corporation and/or eligible applicants
to expedite the delivery of Community Development Block Grant funds;
8. Title 21, Chapter L, Part 4243, of the New
York Codes, Rules and Regulations, promulgated by the UDC for the Economic
Development Fund established pursuant to Section 16-i of the New York State
Urban Development Corporation Act, to the extent that the UDC determines it to
be necessary to allow for modifications of existing agreements between the UDC
and the Essex County Industrial Development Authority in order to provide loans
to agricultural businesses located in Essex County and affected by the
disasters; and
9. Subdivision (2)
of Section
14.09 of the Parks, Recreation and
Historic Preservation Law, to the extent of requiring the Commissioner of
Parks, Recreation and Historic Preservation to undertake in an expedited
fashion the required review as to whether an applicable project may have an
adverse impact on any property that is listed on the National Register of
Historic Places or on the State Register or is determined to be eligible for
the State Register.
Signed: Andrew M. CuomoDated: September 15,
2011
