July 1, 2013

No. 104: Temporary Suspension of Provisions Relating to Transportation Infrastructure Recovery for the State Disaster Emergency

TOP No. 104: Temporary Suspension of Provisions...
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WHEREAS, on June 28, 2013 I issued Executive Order No. 103 declaring a disaster emergency in the Counties of Broome, Chenango, Clinton, Delaware, Essex, Franklin, Herkimer, Madison, Montgomery, Oneida, Otsego, Tioga, Schoharie, St. Lawrence and Warren;

 

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 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, hereby temporarily suspend, for the period from the date of this Executive Order until further notice, the following laws:

 

Section 38(1), (2) and (3) of the Highway Law and Article 4-C of the Economic Development Law, in the event that the Commissioner of Transportation determines it necessary to authorize the award of emergency contracts and/or to combine design and construction services in contracts and to use such services when needed;

 

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 Transportation determines it necessary to add additional work, sites and time to State contracts or award emergency contracts;

 

Section 136-a of the State Finance Law, to the extent that the Commissioner of Transportation determines it necessary to combine design and construction services in one contract and/or to obtain design and construction inspection services;

 

Section 163 of the State Finance Law, to the extent of allowing the Commissioner of Transportation to purchase necessary commodities and materials without following the standard procurement process;

 

Article 8 of the Environmental Conservation Law, and Part 15 of Title 17 and Part 617 of Title 6 of the New York Code of Rules and Regulations, to the extent that the Commissioner of Transportation determines that work is immediately necessary for the replacement, rehabilitation, or reconstruction of structures; and

 

Part F of Chapter 56 of the Laws of 2011, to the extent of allowing the Commissioner of Transportation to award design-build and best value contracts without following the prescribed procurement process.

 

G I V E N under my hand and the Privy Seal of the
State in the City of Albany this first day
of July in the year two thousand
thirteen.

BY THE GOVERNOR

 

Secretary to the Governor

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