S T A T E   O F   N E W   Y O R K
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                                  8318

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            December 18, 2013
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the state finance law and the executive law,  establish-
  ing and administering a supplemental state disaster aid program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 9 of section 53 of the  state  finance  law  is
renumbered  subdivision  10  and a new subdivision 9 is added to read as
follows:
  9. IN ADDITION TO THE PROVISIONS  OF  THIS  SECTION,  FUNDS  SHALL  BE
EXPENDED BY THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES FOR
NATURAL AND MAN-MADE DISASTER PREVENTION, RESPONSE AND RECOVERY PURSUANT
TO THE PROVISIONS OF SECTION TWENTY-NINE-E OF THE EXECUTIVE LAW.
  S 2. Section 29-e of the executive law, as added by chapter 603 of the
laws  of  1993,  paragraph (e) of subdivision 1 as amended by section 8,
paragraphs (a), (f) and (g) of subdivision 3 as amended by section 9 and
paragraphs (a) and (b) of subdivision 4 as amended by section 10 of part
B of chapter 56 of the laws of 2010, is amended to read as follows:
  S 29-e. New York state emergency assistance program. 1.  For  purposes
of this section the following terms shall have the following meanings:
  (a)  "Infrastructure"  shall mean and include publicly owned storm and
sanitary sewers, water supply systems, drainage systems,  transportation
systems, roads and bridges.
  (b)  "Municipality"  shall  mean any county, city, village, or town of
the state.
  (c) "Public facilities" shall mean and include publicly  owned  build-
ings,  including  traditional government buildings, such as courthouses,
firehouses, police stations, parks, recreational facilities, and correc-
tional facilities.
  (d) "Fund" shall mean the state's contingency reserve fund established
by law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11827-02-3
              

A. 8318                             2

  (e) "The office of emergency management" shall mean the office  within
the division of homeland security and emergency services.
  2.  The  governor may, upon a finding that a municipality in the state
has suffered substantial damage by an unanticipated natural OR  MAN-MADE
disaster which has resulted in significant economic distress within such
municipality,  issue  a  declaration of significant economic distress in
accordance with the  provisions  herein.  In  determining  whether  such
significant economic distress exists, the governor shall consider wheth-
er ANY OR ALL OF the following criteria have been met:
  (a) the municipality suffered a substantial loss of assessed value;
  (b) substantial damage has occurred to municipal buildings, facilities
and infrastructure, OR TO PRIVATE RESIDENTIAL OR COMMERCIAL PROPERTY;
  (c)  the  cost incurred by the municipality for clean-up operations is
significant;
  (d) businesses within the municipality  have  experienced  significant
economic loss due to the inability to conduct normal business due to the
disaster;
  (e)  a  significant  increase  in unemployment claims filed by persons
employed within the municipality has occurred; and
  (f) the county or the county within which the municipality is  located
has  been declared eligible by the United States small business adminis-
tration for physical disaster and economic injury disaster loans.
  In addition, the governor shall also consider the  extent  that  other
financial  resources,  including  federal  assistance and insurance, are
available to assist the municipality, AND ITS RESIDENTS  AND  BUSINESSES
to repair damage caused by the disaster.
  3.  (a)  Upon  the  issuance  of a declaration of significant economic
distress due to unanticipated natural OR MAN-MADE disaster by the gover-
nor, a municipality recognized by the governor as being affected by such
disaster which occurred on or after  December  first,  nineteen  hundred
ninety-two,  OR A RESIDENT OR BUSINESS ADVERSELY AFFECTED BY SUCH DISAS-
TER, may apply to  the  division  of  homeland  security  and  emergency
services on a form prescribed by such office, for reimbursement from the
state's contingency reserve fund, OR ANY OTHER DESIGNATED FUND EXPRESSLY
ESTABLISHED  FOR  THE  PURPOSE  OF  PROVIDING  EMERGENCY  ASSISTANCE FOR
NATURAL AND/OR MAN-MADE DISASTERS, for  reimbursement  of  extraordinary
and  unanticipated costs associated with the reconstruction or repair of
[public] buildings, facilities or infrastructure.
  (b) Where the municipality applying for assistance authorized pursuant
to this section is a city, and such application  pertains  to  a  county
wholly  contained within such city, such city may submit separate appli-
cations for such assistance for each such county.
  (c) [Such] IF ASSISTANCE FROM THE FEDERAL GOVERNMENT IS  DENIED  TO  A
MUNICIPALITY,  RESIDENT  OR BUSINESS WHICH HAS SUSTAINED INJURY DUE TO A
NATURAL OR MAN-MADE DISASTER, STATE ASSISTANCE SHALL BE  GRANTED  WITHIN
THE GUIDELINES OF SUBDIVISION FOUR OF THIS SECTION.
  (D)  A  municipality shall be granted the assistance provided pursuant
to this section, within the amounts made available by appropriation from
[the] A fund SPECIFIED  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  upon
approval  of [such] AN application SUBMITTED TO THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, provided that such municipality  agrees
to  have  a local disaster preparedness plan pursuant to section twenty-
three of this article  in  effect  by  December  thirty-first,  nineteen
hundred  ninety-three.  On  or  after  December  thirty-first,  nineteen
hundred ninety-three, no municipality shall be eligible  for  reimburse-
ment of such expenses unless such plan is in effect.

A. 8318                             3

  [(d)]  (E)  Municipalities  which have received assistance pursuant to
this section shall, as soon thereafter as may be possible,  amend  their
respective local disaster preparedness plans to include corrective meas-
ures that must be taken in order to avoid, to the extent possible, simi-
lar emergencies in the future.
  [(e)]  (F)  Municipalities,  RESIDENTS  AND  BUSINESSES  applying  for
assistance pursuant to this section shall accurately describe the  emer-
gency  conditions  which  necessitate the expenditure of funds for which
reimbursement is being sought pursuant to this section.
  [(f)] (G) In providing assistance pursuant to this section, the  divi-
sion  of homeland security and emergency services may give preference to
applicants which demonstrate the greatest need or  which  document  that
such  assistance will be utilized to bring the applicant into compliance
with federal or state law.
  [(g)] (H) In the event that amounts appropriated are  insufficient  to
provide  for  full  reimbursement of all extraordinary and unanticipated
costs incurred by such municipality, RESIDENT OR BUSINESS  approved  for
reimbursement pursuant to this section, the division of homeland securi-
ty  and  emergency services is authorized to provide a pro rata share of
the appropriations, appropriated herein, to such municipality.
  4. (A) THE DIVISION OF HOMELAND SECURITY AND  EMERGENCY  SERVICES,  IN
CONSULTATION  WITH  THE  DEPARTMENT OF FINANCIAL SERVICES AND THE EMPIRE
STATE DEVELOPMENT CORPORATION, SHALL ESTABLISH AND ADMINISTER  BY  REGU-
LATION  A SUPPLEMENTAL STATE DISASTER AID PROGRAM. SUCH PROGRAM SHALL BE
IN ADDITION TO ANY FUNDS EXPENDED OR PROVIDED THROUGH  THE  DIVISION  BY
MEANS  OF  FUNDS  PROVIDED BY THE FEDERAL GOVERNMENT. WITHIN THE SUPPLE-
MENTAL DISASTER AID PROGRAM THERE SHALL BE  THREE  MAJOR  CATEGORIES  OF
DISASTER  AID.  SUCH  CATEGORIES  SHALL  INCLUDE  INDIVIDUAL ASSISTANCE,
PUBLIC ASSISTANCE AND HAZARD MITIGATION, AND SHALL BE AVAILABLE TO MUNI-
CIPALITIES, RESIDENTS AND BUSINESSES THAT  HAVE  BEEN  OTHERWISE  DENIED
ASSISTANCE FROM THE FEDERAL GOVERNMENT.
  (B)  PURSUANT  TO  THE SUPPLEMENTAL DISASTER AID PROGRAM, APPLICATIONS
FOR STATE ASSISTANCE SHALL BE MADE AVAILABLE TO POTENTIAL AID RECIPIENTS
BY THE DIVISION. AFTER A COMPLETED APPLICATION IS RECEIVED BY THE  DIVI-
SION,  THE DAMAGED PROPERTY SHALL BE INSPECTED TO VERIFY THE LOSS. IF AN
APPLICATION FOR A GRANT IS APPROVED BY THE DIVISION, THE APPLICANT SHALL
RECEIVE AID NOT MORE THAN THIRTY DAYS AFTER THE SUBMISSION OF THE APPLI-
CATION. IF AN APPLICATION FOR A LOAN IS APPROVED BY  THE  DIVISION,  THE
APPLICANT  SHALL  RECEIVE  AID  NOT  MORE  THAN  SIXTY  DAYS  AFTER  THE
SUBMISSION OF THE APPLICATION.
  (C) THE DIVISION SHALL COOPERATE WITH THE OFFICE OF  THE  STATE  COMP-
TROLLER  TO  PROVIDE  FOR  THE PROVISION OF PERIOD AUDITS OF THE SUPPLE-
MENTAL DISASTER AID PROGRAM, TO ASSURE THAT ALL AID AND  LOANS  PROVIDED
WERE  GIVEN ONLY TO THOSE ELIGIBLE TO RECEIVE SUCH ASSISTANCE AND IN THE
AMOUNTS SO REQUIRED, AND THAT SUCH DISASTER FUNDS AND  LOANS  WERE  USED
ONLY  FOR  THEIR INTENDED PURPOSES. FUNDS AND LOANS FOR THE SUPPLEMENTAL
DISASTER AID PROGRAM SHALL NOT DUPLICATE ASSISTANCE  PROVIDED  BY  OTHER
SOURCES,  INCLUDING  THOSE  PROVIDED BY THE FEDERAL GOVERNMENT OR INSUR-
ANCE.
  (D) AFTER A MAJOR DISASTER, THE  DIVISION  OF  HOMELAND  SECURITY  AND
EMERGENCY  SERVICES  SHALL  ATTEMPT TO NOTIFY ALL DISASTER VICTIMS ABOUT
THE AVAILABLE AID PROGRAMS OFFERED BY THE FEDERAL AND STATE GOVERNMENTS,
INCLUDING THE SUPPLEMENTAL DISASTER AID PROGRAM, AND URGE THEM TO APPLY.
  (E) IN APPROPRIATE CIRCUMSTANCES, THE DIVISION SHALL AWARD  ASSISTANCE
TO INDIVIDUALS WHO SUSTAINED INJURY TO PERSON OR PROPERTY AS A RESULT OF
A  NATURAL AND/OR MAN-MADE DISASTER. APPLICATION FOR ASSISTANCE SHALL BE

A. 8318                             4

MADE AND DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF  THIS  SECTION.
THE  DIVISION SHALL FOLLOW THE PRESCRIBED PROTOCOLS OF THIS PARAGRAPH IN
PROVIDING INDIVIDUAL ASSISTANCE.  IMMEDIATELY AFTER THE  DECLARATION  OF
THE  DISASTER,  THE  DIVISION  SHALL  FACILITATE THE ARRIVAL OF DISASTER
WORKERS AT THE VICINITY OF THE DISASTER, AND SHALL SET UP AND  ESTABLISH
A  CENTRAL  FIELD OFFICE TO COORDINATE THE RECOVERY EFFORT. THE DIVISION
SHALL FURTHER ESTABLISH AND PUBLICIZE A TOLL-FREE TELEPHONE  NUMBER  FOR
USE BY AFFECTED RESIDENTS AND BUSINESS OWNERS TO GAIN INFORMATION ON THE
APPLICATION  FOR  ASSISTANCE.  THE DIVISION SHALL FURTHER FACILITATE THE
OPENING AND  OPERATION  OF  DISASTER  RECOVERY  CENTERS  WHERE  DISASTER
VICTIMS  CAN  MEET  WITH  PROGRAM REPRESENTATIVES AND OBTAIN INFORMATION
ABOUT AVAILABLE AID AND THE RECOVERY PROCESS. WHERE POSSIBLE, THE  DIVI-
SION SHALL INTEGRATE AND COORDINATE ITS EFFORTS TO FOLLOW THE PRESCRIBED
PROTOCOLS  OF  THIS  PARAGRAPH WITH FEDERAL AND LOCAL GOVERNMENT EFFORTS
ALSO PROVIDING DISASTER AID OR SERVICES.  DISASTER  AID  TO  INDIVIDUALS
SHALL BE PROVIDED IN ACCORDANCE WITH THE FOLLOWING CATEGORIES:
  I. DISASTER HOUSING. THE DIVISION SHALL MAKE INDIVIDUAL ASSISTANCE AID
AVAILABLE FOR DISASTER HOUSING FOR A PERIOD OF UP TO EIGHTEEN MONTHS FOR
DISPLACED  RESIDENTS  OF  THE MUNICIPALITY WHOSE RESIDENCES WERE HEAVILY
DAMAGED OR DESTROYED. THE DIVISION SHALL ALSO  MAKE  AVAILABLE  AID  FOR
HOUSING REPAIRS, AND FOR THE REPLACEMENT OR REPAIR OF DAMAGED ITEMS THAT
WOULD MAKE SUCH DAMAGED OR DESTROYED RESIDENCES HABITABLE.
  II. DISASTER GRANTS. THE DIVISION SHALL MAKE INDIVIDUAL ASSISTANCE AID
AVAILABLE  TO  HELP MEET OTHER SERIOUS DISASTER RELATED NEEDS AND NECES-
SARY EXPENSES NOT COVERED BY INSURANCE  AND  OTHER  AID  PROGRAMS.  SUCH
SERIOUS  DISASTER  RELATED  NEEDS  AND  NECESSARY  EXPENSES  MAY INCLUDE
REPLACEMENT OF PERSONAL PROPERTY, AND  TRANSPORTATION,  MEDICAL,  DENTAL
AND FUNERAL EXPENSES.
  III.  LOW INTEREST DISASTER LOANS. THE EMPIRE STATE DEVELOPMENT CORPO-
RATION SHALL MAKE INDIVIDUAL  ASSISTANCE  LOW  INTEREST  DISASTER  LOANS
AVAILABLE TO RESIDENTS AND BUSINESSES, TO COVER UNINSURED PROPERTY LOSS-
ES.  LOW  INTEREST  DISASTER LOANS SHALL BE MADE AVAILABLE FOR REPAIR OR
REPLACEMENT OF HOMES, AUTOMOBILES, CLOTHING OR  OTHER  DAMAGED  PERSONAL
PROPERTY.  LOW  INTEREST  DISASTER LOANS SHALL ALSO BE MADE AVAILABLE TO
BUSINESSES FOR PROPERTY LOSS AND ECONOMIC INJURY. APPLICATION  FOR  SUCH
LOW INTEREST DISASTER LOANS SHALL BE MADE TO THE DIVISION, WITH APPROVAL
OF  SUCH APPLICATION REQUIRING BOTH THE APPROVAL OF THE DIVISION AND THE
EMPIRE STATE  DEVELOPMENT  CORPORATION.  THE  EMPIRE  STATE  DEVELOPMENT
CORPORATION  SHALL  BE AUTHORIZED TO ISSUE BONDS FOR THE PURPOSE OF THIS
SUBDIVISION.
  IV. PERSONAL SERVICE AID. THE DIVISION SHALL MAKE  INDIVIDUAL  ASSIST-
ANCE  AID  AVAILABLE  TO PROVIDE NECESSARY PERSONAL SERVICES TO DISASTER
VICTIMS,  INCLUDING  CRISIS  COUNSELING,  DISASTER-RELATED  UNEMPLOYMENT
ASSISTANCE, LEGAL AID, INCOME TAX ASSISTANCE, SOCIAL SECURITY ASSISTANCE
AND VETERAN'S BENEFIT ASSISTANCE.
  (F)  THE  DIVISION SHALL MAKE MUNICIPALITY ASSISTANCE AID AVAILABLE TO
LOCAL GOVERNMENTS TO PAY ALL OR PART OF THE COSTS OF REBUILDING A COMMU-
NITY'S DAMAGED INFRASTRUCTURE. UNLESS SUCH COST IS LESS THAN  TEN  THOU-
SAND  DOLLARS,  SUCH  MUNICIPALITY ASSISTANCE AID SHALL PAY FOR NOT MORE
THAN SEVENTY-FIVE PERCENT OF THE APPROVED PROJECT  COSTS.  THIS  MUNICI-
PALITY  ASSISTANCE  AID  SHALL  INCLUDE  AID FOR DEBRIS REMOVAL, AID FOR
EMERGENCY PROTECTIVE MEASURES, AID FOR PUBLIC SERVICES, AID  FOR  REPAIR
OF  DAMAGED PUBLIC PROPERTY, AID FOR ESSENTIAL GOVERNMENT FUNCTIONS, AND
INFRASTRUCTURE GRANTS FOR PUBLIC SCHOOLS.
  (G) THE DIVISION SHALL MAKE HAZARD MITIGATION ASSISTANCE AID AVAILABLE
TO DISASTER VICTIMS AND PUBLIC ENTITIES TO AVOID THE LIFE  AND  PROPERTY

A. 8318                             5

RISKS  OF  FUTURE  DISASTERS.  HAZARD  MITIGATION  ASSISTANCE  AID SHALL
INCLUDE, BUT NOT BE LIMITED TO, AID FOR THE ELEVATION OR  RELOCATION  OF
CHRONICALLY  FLOOD-DAMAGED  HOMES  AWAY FROM FLOOD HAZARD AREAS, AID FOR
THE  RETROFITTING  OF BUILDINGS TO MAKE THEM RESISTANT TO EARTHQUAKES OR
STRONG WINDS, AND AID FOR THE ADOPTION AND ENFORCEMENT OF ADEQUATE CODES
AND STANDARDS BY LOCAL, STATE AND FEDERAL GOVERNMENT. THE DIVISION SHALL
SEEK  TO  COORDINATE   HAZARD   MITIGATION   MEASURES   WHEN   REPAIRING
DISASTER-DAMAGED STRUCTURES. IN ADDITION TO THE GRANTS PROVIDED PURSUANT
TO  APPROVED HAZARD MITIGATION ASSISTANCE AID, THE EMPIRE STATE DEVELOP-
MENT CORPORATION SHALL MAKE  HAZARD  MITIGATION  LOW  INTEREST  DISASTER
LOANS  AVAILABLE TO MUNICIPALITIES, RESIDENTS AND BUSINESSES, TO PROVIDE
FOR HAZARD MITIGATION. HAZARD MITIGATION  LOW  INTEREST  DISASTER  LOANS
SHALL  BE MADE AVAILABLE UPON APPLICATION TO THE DIVISION, WITH APPROVAL
OF SUCH APPLICATION REQUIRING BOTH THE APPROVAL OF THE DIVISION AND  THE
EMPIRE  STATE  DEVELOPMENT  CORPORATION.  THE  EMPIRE  STATE DEVELOPMENT
CORPORATION SHALL BE AUTHORIZED TO ISSUE BONDS FOR THE PURPOSE  OF  THIS
SUBDIVISION.
  [4.]  5. (a) The commissioner of the division of homeland security and
emergency services as defined in article twenty-six of this chapter with
the advice and consent of the disaster preparedness  commission  created
pursuant  to  this  article, shall have the power to make such rules and
regulations as may be necessary and proper to effectuate the purposes of
this section.
  (b) The commissioner of the division of homeland security and emergen-
cy services shall by March fifteenth of each year report to the governor
and the legislature describing  the  activities  and  operation  of  the
program  authorized  by  this  section.  Such report shall set forth the
number of reimbursement applications received and approved; the  identi-
ties  of  the counties, cities, towns and villages, AS WELL AS THE INDI-
VIDUALS AND BUSINESSES receiving  reimbursement,  ASSISTANCE  OR  LOANS,
together with the amount and purpose of the reimbursement, ASSISTANCE OR
LOAN.
  S 3. This act shall take effect immediately.