S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7744
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 11, 2017
                                ___________
 
 Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   municipal  severe  storm  relief  fund for southwestern New York to be
   administered by  the  division  of  homeland  security  and  emergency
   services

   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:
   § 719. MUNICIPAL SEVERE STORM RELIEF FUND FOR SOUTHWESTERN  NEW  YORK.
 1.  THERE  IS  HEREBY  ESTABLISHED  A  MUNICIPAL  SEVERE STORM MUNICIPAL
 ASSISTANCE RELIEF PROGRAM FOR THE COUNTIES  OF  CHAUTAUQUA,  CATTARAUGUS
 AND ALLEGANY FOR DAMAGE RESULTING FROM A SEVERE STORM AND FLOODING WHICH
 OCCURRED  ON  JULY  FOURTEENTH AND FIFTEENTH, TWO THOUSAND FIFTEEN TO BE
 ADMINISTERED  BY  THE  DIVISION  OF  HOMELAND  SECURITY  AND   EMERGENCY
 SERVICES.
   2. PROJECTS ELIGIBLE FOR PROGRAM GRANTS PURSUANT TO THIS SECTION SHALL
 BE  LIMITED  TO  PROJECTS  TO  REPAIR  DAMAGE  TO PUBLIC INFRASTRUCTURE,
 INCLUDING PUBLICLY OWNED ROADS, BRIDGES, DRAINAGE AND  FLOOD  MITIGATION
 SYSTEMS,  AND ANY ANCILLARY INFRASTRUCTURE NECESSARY FOR THE SAFE OPERA-
 TION OF THE COMPONENTS  THEREOF,  WITHIN  THE  COUNTIES  OF  CHAUTAUQUA,
 CATTARAUGUS  AND  ALLEGANY  WHEN  SUCH  DAMAGE OCCURRED AS A RESULT OF A
 SEVERE STORM EVENT ON JULY FOURTEENTH, TWO THOUSAND FIFTEEN THROUGH JULY
 FIFTEENTH, TWO THOUSAND FIFTEEN. IN NO EVENT SHALL FUNDING BE  USED  FOR
 INFRASTRUCTURE REPAIRS THAT ARE REQUIRED DUE TO NORMAL WEAR AND TEAR.
   3. THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
 SERVICES  SHALL  ESTABLISH  PROCEDURES  FOR  RECEIPT OF APPLICATION FROM
 MUNICIPALITIES AND FOR THE ISSUANCE OF GRANTS AUTHORIZED BY THIS SECTION
 WITHIN AVAILABLE APPROPRIATIONS.  APPLICATIONS FOR SUCH GRANTS SHALL  BE
 SUBMITTED  NO  MORE  THAN  THREE  YEARS AFTER JULY FIFTEEN, TWO THOUSAND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05799-03-7

 A. 7744                             2
 
 FIFTEEN. A MUNICIPALITY SHALL RECEIVE ONE HUNDRED PERCENT OF THE COST OF
 OTHERWISE UNREIMBURSED REPAIRS FROM DAMAGES INCURRED DUE TO SUCH  FLOOD-
 ING,  PROVIDED  THE APPROPRIATE MUNICIPAL AUTHORITY HAS SUBMITTED APPRO-
 PRIATE  DOCUMENTATION  OF  SUCH DAMAGE AND HAS FILED AN ATTESTATION WITH
 THE DIVISION INDICATING THAT THE DAMAGE FOR WHICH REPAIRS WERE  MADE  IS
 DIRECTLY  ATTRIBUTABLE  TO  FLOODING RESULTING FROM THE JULY FOURTEENTH,
 TWO THOUSAND FIFTEEN THROUGH JULY FIFTEENTH, TWO THOUSAND FIFTEEN STORM.
   4. FUNDING FOR SUCH PROGRAM SHALL  CONSIST  OF  ALL  REVENUE  RECEIVED
 PURSUANT  TO  AN APPROPRIATION THEREFORE, AND ANY OTHER MONIES APPROPRI-
 ATED, 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.
   § 2. This act shall take effect immediately.