S T A T E O F N E W Y O R K
________________________________________________________________________
4196
2017-2018 Regular Sessions
I N A S S E M B L Y
February 1, 2017
___________
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.
§ 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:
§ 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.
LBD08795-01-7
A. 4196 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.
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[(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 PERIODIC 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
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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
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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 DEVELOPMENT
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.
§ 3. This act shall take effect immediately.