8/22/12 N.Y. St. Reg. Exec. Order No. 46
WHEREAS, on July 26, 2012, a line of severe thunderstorms producing tornadoes, strong winds in excess of 60 miles per hour, large hail over one inch in diameter and extremely heavy rainfall disrupted vital public transportation and utility service, and threatened public health and public safety systems within the County of Chemung and contiguous areas; and
WHEREAS, this event has caused widespread power outages, damage to homes, apartments, businesses, public and private property, and damaged and downed thousands of trees, and will continue to pose a threat to the public health and safety; and
WHEREAS, high winds and debris caused major disruption of the transportation systems, and disruptions in communications;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, do hereby find that a disaster has occurred for which the affected local governments are unable to respond adequately. Therefore, pursuant to 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, I hereby declare a State Disaster Emergency effective July 26, 2012, within the territorial boundaries of the County of Chemung and contiguous areas; 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 26, 2012, the State Office of Emergency Management, the Division of Homeland Security and Emergency Services, the Department of Health, the Department of Transportation, the State Police, the Division of Military and Naval Affairs, the Department of Environmental Conservation, the State Department of Corrections and Community Supervision, the Public Service Commission, the Office of Fire Prevention and Control, the Department of Labor, the Office of Parks, Recreation and Historic Preservation, the Office of General Services, the State University of New York, the Thruway Authority, other 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;
FURTHER, this declaration satisfies the requirements of 49 C.F.R. § 390.23(a)(1)(A), which provides relief from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSR), in the event such relief from the FMCSR is necessary in order to hasten the movement of utility power restoration crews into New York State;
FURTHER, I have designated Steven Kuhr, Director of the State Office of Emergency Management (State OEM), as the State Coordinating Officer for this event.
| (L.S.) | GIVEN under my hand and the Privy Seal of the State in the City of Albany, this twenty-sixth day of July in the year two thousand twelve. |
| BY THE GOVERNOR |
| /S/ Andrew M. Cuomo |
| /s/ Lawrence Schwartz |
| Secretary to the Governor |
