S T A T E   O F   N E W   Y O R K
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                                  4666

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 17, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to Hurricane Sandy recov-
  ery funds oversight

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

  Section  1.  The executive law is amended by adding a new article 49-C
to read as follows:
                               ARTICLE 49-C
                HURRICANE SANDY RECOVERY FUNDS OVERSIGHT
SECTION 996. HURRICANE SANDY RECOVERY FUNDS OVERSIGHT.
  S 996. HURRICANE SANDY RECOVERY FUNDS OVERSIGHT. 1. DEFINITIONS.   FOR
THE PURPOSES OF THIS SECTION, THE TERM:
  (A) "DIVISION" SHALL MEAN: THE NEW YORK STATE DIVISION OF BUDGET.
  (B)  "HURRICANE  SANDY RECOVERY FUNDING" SHALL MEAN (1) FUNDS PROVIDED
PURSUANT TO FEDERAL LEGISLATION WHICH CONTAINS, BUT IS NOT  LIMITED  TO,
DISASTER  ASSISTANCE  FOR  IMPACTS  ASSOCIATED  WITH HURRICANE SANDY, OR
OTHER MAJOR STORMS, IN  THE  STATE  OF  NEW  YORK;  AND  (2)  ANY  FUNDS
DISBURSED BY THE STATE FOR UNDERTAKINGS TO ADDRESS THE DAMAGE ASSOCIATED
WITH  HURRICANE  SANDY, WHICH UNDERTAKINGS SHALL INCLUDE EMERGENCY OPER-
ATIONS, LOSS REIMBURSEMENT, REPAIRS,  REBUILDING,  RESTORATIONS,  RECON-
STRUCTION,  REMOVAL  OF DEBRIS, TEMPORARY HOUSING, HOUSEHOLD ASSISTANCE,
RELIEF, HAZARD MITIGATION IMPROVEMENTS, CONSTRUCTION, AND OTHER RECOVERY
AND REBUILDING ACTIVITIES DEEMED BY THE DIVISION TO BE  ASSOCIATED  WITH
HURRICANE SANDY RECOVERY AND REBUILDING.
  2.  (A)  THE  DIVISION,  IN  CONSULTATION WITH THE OFFICE OF THE STATE
COMPTROLLER, SHALL MAINTAIN A PUBLIC WEBSITE DEDICATED  TO  THE  DISSEM-
INATION AND TRANSPARENT ADMINISTRATION OF HURRICANE SANDY RECOVERY FUND-
ING.  THE DIVISION SHALL MAKE AVAILABLE ON ITS WEBSITE QUARTERLY REPORTS
ON HURRICANE SANDY RECOVERY FUNDING REQUIRED PURSUANT TO PARAGRAPH B  OF
THIS SUBDIVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09946-02-3
              

S. 4666                             2

  (B)  THE  DIVISION  SHALL  PROVIDE  A  REPORT TO THE STATE LEGISLATURE
CONCERNING THE RECEIPT, DISTRIBUTION, AND  ADMINISTRATION  OF  HURRICANE
SANDY  RECOVERY FUNDING, WHICH REPORT SHALL BE DUE ON THE FIRST BUSINESS
DAY OF EACH CALENDAR QUARTER COMMENCING  AFTER  THE  DATE  THIS  ARTICLE
SHALL  TAKE  EFFECT.  THE  REPORT  SHALL  CONTAIN  DETAILED  INFORMATION
CONCERNING:
  (I) THE AMOUNT OF HURRICANE  SANDY  RECOVERY  FUNDING  THE  STATE  HAS
RECEIVED;
  (II) THE MANNER IN WHICH HURRICANE SANDY RECOVERY FUNDING IS RECEIVED;
  (III)  THE  PROCESSES  BY  WHICH  HURRICANE  SANDY RECOVERY FUNDING IS
DISTRIBUTED UPON INITIAL RECEIPT;
  (IV) STATE  OPERATING  PLANS  FOR  HURRICANE  SANDY  RECOVERY  FUNDING
PROJECTS AND ADMINISTRATION;
  (V) THE AWARD OF STATE GRANTS OR STATE CONTRACTS USING HURRICANE SANDY
RECOVERY FUNDING;
  (VI)  THE IDENTITY OF HURRICANE SANDY RECOVERY FUNDING STATE GRANT AND
CONTRACT RECIPIENTS;
  (VII) AN ANALYSIS OF WHETHER THE USE OF HURRICANE SANDY RECOVERY FUND-
ING IS ACCOMPLISHING ITS INTENDED PURPOSE;
  (VIII) THE NUMBER OF JOBS CREATED BY HURRICANE SANDY RECOVERY  FUNDING
STATE ADMINISTERED PROJECTS;
  (IX)  RECOMMENDATIONS  FOR ENHANCED EFFICIENCY AND TRANSPARENCY IN THE
ADMINISTRATION OF HURRICANE SANDY RECOVERY  FUNDING,  AND  FOR  ENHANCED
COORDINATION IN HURRICANE SANDY RECOVERY EFFORTS; AND
  (X) ANY OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO THE TRANSPAR-
ENT ADMINISTRATION OF HURRICANE SANDY RECOVERY FUNDING.
  (C)  IN  ADDITION  TO PUBLIC DISSEMINATION OF THE REPORT, THE DIVISION
SHALL, TO THE EXTENT  THE  INFORMATION  IS  AVAILABLE,  PROVIDE  ON  ITS
WEBSITE DETAILED INFORMATION ON:
  (I) THE DISTRIBUTION OF HURRICANE SANDY RECOVERY FUNDING BY COUNTY AND
MUNICIPALITY;
  (II)  THE  ISSUANCE  OF  EACH STATE CONTRACT ASSOCIATED WITH HURRICANE
SANDY RECOVERY FUNDING INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OF THE
CONTRACT, THE AMOUNT OF THE CONTRACT'S CONSIDERATION,  WHETHER  THE  BID
WAS  SUBJECT  TO PUBLIC BIDDING, AND BACKGROUND INFORMATION ON THE STATE
CONTRACT RECIPIENT'S QUALIFICATION FOR RECEIPT OF THE STATE CONTRACT;
  (III) THE ISSUANCE OF EACH STATE GRANT ASSOCIATED WITH HURRICANE SANDY
RECOVERY FUNDING INCLUDING, BUT NOT  LIMITED  TO,  THE  PURPOSE  OF  THE
GRANT,  THE  AMOUNT  OF  THE  GRANT,  WHETHER THE GRANT WAS SUBJECT TO A
SELECTIVE AWARD PROCESS AND THE NATURE OF THAT PROCESS,  AND  BACKGROUND
INFORMATION  ON THE STATE GRANT RECIPIENT'S QUALIFICATION FOR RECEIPT OF
THE STATE GRANT; AND
  (IV) ANY OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO  THE  TRANS-
PARENT ADMINISTRATION OF HURRICANE SANDY RECOVERY FUNDING.
  (D)  THE  DIVISION  SHALL  UPDATE  THE  WEBSITE WITHIN TEN DAYS OF THE
RECEIPT OF INFORMATION CONCERNING THE AWARD OF A STATE CONTRACT OR STATE
GRANT OR DISTRIBUTION OF HURRICANE SANDY RECOVERY FUNDING.
  3. THE WEBSITE AND REPORTS REQUIRED PURSUANT TO THIS SECTION SHALL NOT
BE USED TO DISTRIBUTE INFORMATION WHICH IF  DISCLOSED  WOULD  JEOPARDIZE
COMPLIANCE  WITH  STATE OR FEDERAL LAW, THREATEN PUBLIC HEALTH, WELFARE,
OR SAFETY, OR HARM THE COMPETITIVE ECONOMIC POSITION OF A PARTY.
  S 2. This act shall take effect immediately.