NY State Senate Bill 2015-S5182

Senate Bill S5182

2015-2016 Legislative Session

Establishes the disaster-related latent damage recovery grant program

download bill text pdf

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to veterans, homeland security and military affairs returned to senate died in assembly
Jun 16, 2015	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1673 committee discharged and committed to rules
Jun 05, 2015	print number 5182a
Jun 05, 2015	amend and recommit to veterans, homeland security and military affairs
May 06, 2015	referred to veterans, homeland security and military affairs

Votes

- Jun 16, 2015 - Floor Vote
  S5182
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Jun 16, 2015 - Rules Committee Vote
  S5182
  
  22
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2015
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (3)
      
      Gianaris
      
      Krueger
      
      Perkins

Bill Amendments

Original

A (Active)

2015-S5182 - Details

See Assembly Version of this Bill:: A7352
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Add §719, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3029
2019-2020: S2083
2021-2022: S2251
2023-2024: S3202

2015-S5182 - Summary

Establishes the disaster-related latent damage recovery grant program.

2015-S5182 - Sponsor Memo

                                BILL NUMBER:S5182

TITLE OF BILL:

An act to amend the executive law, in relation to establishing the
disaster-related latent damage recovery grant program

PURPOSE:

To ensure that communities with residual or worsening damage related
to a natural disaster have an opportunity to request additional funds
to address these ongoing issues.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Executive law is amended by adding a new section 719
establishing the Disaster-related latent damage recovery grant
program.

Section 2: Effective Date.

JUSTIFICATION:

In recent years, several unprecedented natural disasters have wrought
havoc on communities across our state. From tropical storms Irene, Lee
and Hurricane Sandy to the widespread flooding that struck upstate

communities in June of 2013, weather related natural disasters have
impacted nearly every corner of our state in recent years. The state
and federal response to these disasters has gone a long way towards
ensuring that our communities were able to get back on their feet.
However, many communities still have critical disaster-related
infrastructure needs that have not yet been addressed.

The true extent of the damage to physical infrastructure is not always
apparent during initial assessments. Damage to drainage systems,
subterranean erosion, and salt water damage are often missed
immediately following a disaster, and may not become apparent until
months or years later. When latent damage is discovered, it can be
difficult for communities to secure the additional resources they
need.

This bill addresses this challenge by making additional disaster
recovery funds available for up to 7 years after a declaration of a
state of emergency by the Governor. Municipalities can apply for
assistance in amounts up to 10 percent of the sum of any disaster
relief aid previously received by that municipality from state and
federal sources, but not more than $10 million dollars in any calendar
year. This aid is intended to specifically address latent damage to
infrastructure.

This bill recognizes that disaster recovery is a long term process and
seeks to ensure that communities continue to have access to the
resources they need to maintain the safety and integrity of their
public infrastructure.

PRIOR LEGISLATIVE HISTORY:


None.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the director of
homeland security and emergency services may implement any rule or
regulation and create the required application, which are necessary
for the timely implementation of this act on its effective date.

2015-S5182 - Bill Text download pdf

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

    S. 5182                                                  A. 7352

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               May 6, 2015
                               ___________

IN  SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print-
  ed, and when printed to be committed to  the  Committee  on  Veterans,
  Homeland Security and Military Affairs

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

AN ACT to amend the executive  law,  in  relation  to  establishing  the
  disaster-related latent damage recovery grant program

  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 section 719 to
read as follows:
  S 719. DISASTER-RELATED  LATENT  DAMAGE  RECOVERY  GRANT  PROGRAM.  1.
THERE  IS HEREBY ESTABLISHED THE DISASTER-RELATED LATENT DAMAGE RECOVERY
GRANT PROGRAM TO BE ADMINISTERED BY THE DIVISION  OF  HOMELAND  SECURITY
AND EMERGENCY SERVICES.
  2.  PROJECTS  ELIGIBLE FOR PROGRAM GRANTS SHALL BE LIMITED TO PROJECTS
TO  REPAIR   LATENT   DAMAGE   TO   PUBLIC   INFRASTRUCTURE,   INCLUDING
PUBLICLY-OWNED  ROADS,  BRIDGES,  DRAINAGE AND FLOOD MITIGATION SYSTEMS,
ELECTRICAL AND MECHANICAL SYSTEMS AND  COMMUNICATION  SYSTEMS,  AND  ANY
ANCILLARY  INFRASTRUCTURE NECESSARY FOR THE SAFE OPERATION OF THE COMPO-
NENTS THEREOF, WHERE SUCH DAMAGE WAS THE RESULT OF  A  NATURAL  DISASTER
FOR  WHICH THE GOVERNOR OF THE STATE OF NEW YORK MADE A DECLARATION OF A
STATE OF EMERGENCY, AND WHERE SUCH DAMAGE WAS NOT  APPARENT  DURING  ANY
INITIAL  DAMAGE  ASSESSMENTS OR NOT FULLY ADDRESSED BY SUCH ASSESSMENTS.
IN NO EVENT SHALL GRANTS TO AWARDED FOR, NOR SHALL GRANT MONEY  BE  USED
FOR, INFRASTRUCTURE REPAIRS THAT ARE REQUIRED DUE TO NORMAL USE AND WEAR
AND TEAR.
  3.  THE  DIRECTOR  OF  THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES SHALL ESTABLISH PROCEDURES FOR  RECEIPT  OF  APPLICATIONS  FROM
MUNICIPALITIES  AND  FOR  THE  ISSUANCE  OF  GRANTS  AUTHORIZED  BY THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10201-02-5

S. 5182                             2                            A. 7352

SECTION. APPLICATION FOR SUCH GRANTS SHALL BE  SUBMITTED  NO  MORE  THAN
SEVEN YEARS, BUT NO LESS THAN ONE YEAR, AFTER THE GOVERNOR'S DECLARATION
OF  THE  STATE  OF  EMERGENCY  THAT  RENDERS A MUNICIPALITY ELIGIBLE FOR
GRANTS  AUTHORIZED  BY THIS SECTION. IN NO EVENT SHALL GRANTS EXCEED TEN
PERCENT OF THE SUM OF ANY STATE OR FEDERAL  DISASTER  ASSISTANCE  MONIES
GRANTED  TO  A  MUNICIPALITY AS A RESULT OF A NATURAL DISASTER THAT WERE
AWARDED PRIOR TO AN APPLICATION FOR  A  GRANT  STEMMING  FROM  THE  SAME
NATURAL  DISASTER.  IN  NO EVENT SHALL A MUNICIPALITY RECEIVE A GRANT IN
EXCESS OF TEN MILLION DOLLARS IN A GIVEN CALENDAR YEAR.
  4. FUNDING FOR SUCH PROGRAM SHALL  CONSIST  OF  ALL  REVENUE  RECEIVED
PURSUANT TO AN APPROPRIATION THERETO, AND ALL OTHER MONIES APPROPRIATED,
CREDITED  OR  TRANSFERRED FROM ANY OTHER SOURCE PURSUANT TO LAW. NOTHING
IN THIS SECTION SHALL BE DEEMED TO  PREVENT  THE  STATE  FROM  RECEIVING
GRANTS,  GIFTS  OR BEQUESTS FOR THE PURPOSE OF THE PROGRAM. GRANTS SHALL
ONLY BE AWARDED BASED UPON THE AVAILABILITY OF FUNDS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective date.

co-Sponsors

2015-S5182A (ACTIVE) - Details

See Assembly Version of this Bill:: A7352
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Add §719, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3029
2019-2020: S2083
2021-2022: S2251
2023-2024: S3202

2015-S5182A (ACTIVE) - Summary

Establishes the disaster-related latent damage recovery grant program.

2015-S5182A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5182A

TITLE OF BILL:  An act to amend the executive law, in relation to
establishing the disaster-related latent damage recovery grant program

Purpose Or General Idea Of Bill:  To ensure that communities with
residual or worsening damage related to a natural disaster have an
opportunity to request additional funds to address these ongoing
issues.

Summary Of Specific Provisions:

Section 1: Executive law is amended by adding a new section 719
establishing the Disaster-related latent damage recovery grant
program.

Section 2: Effective Date.

Justification:  In recent years, several unprecedented natural
disasters have wrought havoc on communities across our state. From
tropical storms Irene, Lee and Hurricane Sandy to the widespread
flooding that struck upstate communities in June of 2013, weather
related natural disasters have impacted nearly every corner of our
state in recent years. The state and federal response to these
disasters has gone a long way towards ensuring that our communities
were able to get back on their feet.  However, many communities still

have critical disaster-related infrastructure needs that have not yet
been addressed.

The true extent of the damage to physical infrastructure is not always
apparent during initial assessments. Damage to drainage systems,
subterranean erosion, and salt water damage are often missed
immediately following a disaster, and may not become apparent until
months or years later. When latent damage is discovered, it can be
difficult for communities to secure the additional resources they
need.

This bill addresses this challenge by making additional disaster
recovery funds available for up to 7 years after a declaration of a
state of emergency by the Governor. Municipalities can apply for
assistance in amounts up to 10 percent of the sum of any disaster
relief aid previously received by that municipality from state and
federal sources, but not more than $10 million dollars in any calendar
year. This aid is intended to specifically address latent damage to
infrastructure.

This bill recognizes that disaster recovery is a long term process and
seeks to ensure that communities continue to have access to the
resources they need to maintain the safety and integrity of their
public infrastructure.

Prior Legislative History:  This is a new bill.

Fiscal Implications For State And Local Governments:  To be
determined.


Effective Date:  This act shall take effect on the one hundred
eightieth day after it shall have become a law; provided, however,
that effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date is authorized and directed to be made and completed
on or before such effective date.

2015-S5182A (ACTIVE) - Bill Text download pdf

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

    S. 5182--A                                            A. 7352--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               May 6, 2015
                               ___________

IN  SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print-
  ed, and when printed to be committed to  the  Committee  on  Veterans,
  Homeland  Security  and Military Affairs -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

IN  ASSEMBLY  --  Introduced  by  M. of A. SANTABARBARA -- read once and
  referred to the Committee  on  Governmental  Operations  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  executive  law, in relation to establishing the
  disaster-related latent damage recovery grant program

  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 section 719 to
read as follows:
  S  719.  DISASTER-RELATED  LATENT  DAMAGE  RECOVERY  GRANT PROGRAM. 1.
THERE IS HEREBY ESTABLISHED THE DISASTER-RELATED LATENT DAMAGE  RECOVERY
GRANT  PROGRAM  TO  BE ADMINISTERED BY THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES.
  2. PROJECTS ELIGIBLE FOR PROGRAM GRANTS SHALL BE LIMITED  TO  PROJECTS
TO   REPAIR   LATENT   DAMAGE   TO   PUBLIC   INFRASTRUCTURE,  INCLUDING
PUBLICLY-OWNED ROADS, BRIDGES, DRAINAGE AND  FLOOD  MITIGATION  SYSTEMS,
ELECTRICAL  AND  MECHANICAL  SYSTEMS  AND COMMUNICATION SYSTEMS, AND ANY
ANCILLARY INFRASTRUCTURE NECESSARY FOR THE SAFE OPERATION OF THE  COMPO-
NENTS  THEREOF,  WHERE  SUCH DAMAGE WAS THE RESULT OF A NATURAL DISASTER
FOR WHICH THE GOVERNOR OF THE STATE OF NEW YORK MADE A DECLARATION OF  A
STATE  OF EMERGENCY. FOR PURPOSES OF THIS SECTION, "LATENT DAMAGE" SHALL
BE DEFINED AS DAMAGE THAT WAS NOT REASONABLY APPARENT DURING ANY INITIAL
DAMAGE ASSESSMENTS.  IN NO EVENT SHALL GRANTS BE AWARDED FOR, NOR  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10201-03-5

S. 5182--A                          2                         A. 7352--A

GRANT MONEY BE USED FOR, INFRASTRUCTURE REPAIRS THAT ARE REQUIRED DUE TO
NORMAL USE AND WEAR AND TEAR.
  3.  THE  DIRECTOR  OF  THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES SHALL ESTABLISH PROCEDURES FOR  RECEIPT  OF  APPLICATIONS  FROM
MUNICIPALITIES AND FOR THE ISSUANCE OF GRANTS AUTHORIZED BY THIS SECTION
WITHIN  AVAILABLE APPROPRIATIONS.   APPLICATION FOR SUCH GRANTS SHALL BE
SUBMITTED NO MORE THAN SEVEN YEARS, BUT NO LESS THAN ONE YEAR, AFTER THE
GOVERNOR'S DECLARATION OF THE STATE OF EMERGENCY THAT RENDERS A  MUNICI-
PALITY ELIGIBLE FOR GRANTS AUTHORIZED BY THIS SECTION. IN NO EVENT SHALL
GRANTS  EXCEED  TEN  PERCENT OF THE SUM OF ANY STATE OR FEDERAL DISASTER
ASSISTANCE MONIES GRANTED TO A MUNICIPALITY AS A  RESULT  OF  A  NATURAL
DISASTER  THAT WERE AWARDED PRIOR TO AN APPLICATION FOR A GRANT STEMMING
FROM THE SAME NATURAL DISASTER. IN NO EVENT SHALL A MUNICIPALITY RECEIVE
A GRANT IN EXCESS OF TEN MILLION DOLLARS IN A GIVEN CALENDAR YEAR.
  4. FUNDING FOR SUCH PROGRAM SHALL  CONSIST  OF  ALL  REVENUE  RECEIVED
PURSUANT TO AN APPROPRIATION THERETO, AND ALL OTHER MONIES APPROPRIATED,
CREDITED  OR  TRANSFERRED FROM ANY OTHER SOURCE PURSUANT TO LAW. NOTHING
IN THIS SECTION SHALL BE DEEMED TO  PREVENT  THE  STATE  FROM  RECEIVING
GRANTS,  GIFTS  OR BEQUESTS FOR THE PURPOSE OF THE PROGRAM. GRANTS SHALL
ONLY BE AWARDED BASED UPON THE AVAILABILITY OF FUNDS.
  S 2. This act shall take effect on April 1, 2016;  provided,  however,
that effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date is authorized and directed to be made and completed on or
before such effective date.

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