S T A T E   O F   N E W   Y O R K
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                                   8415
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 8, 2021
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   community disaster relief and recovery act of 2022
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "community disaster relief and recovery act of 2022".
   §  2. The executive law is amended by adding a new section 719 to read
 as follows:
   § 719. COMMUNITY DISASTER RELIEF AND RECOVERY FUND PROGRAM FOR NON-CI-
 TIZENS. 1.  THERE IS HEREBY ESTABLISHED THE  COMMUNITY  DISASTER  RELIEF
 AND  RECOVERY  FUND  PROGRAM  FOR NON-CITIZENS TO BE ADMINISTERED BY THE
 DIVISION OF HOMELAND SECURITY AND  EMERGENCY  SERVICES,  IN  CONJUNCTION
 WITH  THE NEW YORK STATE OFFICE FOR NEW AMERICANS. SUCH PROGRAM SHALL BE
 ADMINISTERED IN ACCORDANCE WITH THE GUIDELINES UNDER THE MAJOR  DISASTER
 DECLARATION FOR REMNANTS OF HURRICANE IDA 4615-DR-NY FOR STORM SURVIVORS
 WHO  ARE  NOT  ABLE TO RECEIVE FINANCIAL ASSISTANCE THROUGH OTHER MEANS,
 INCLUDING BUT NOT LIMITED TO, THE FEDERAL EMERGENCY MANAGEMENT  AGENCY'S
 INDIVIDUAL ASSISTANCE PROGRAM, DUE TO CITIZENSHIP STATUS.
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "APPLICANT" MEANS AN INDIVIDUAL OR HOUSEHOLD WHO HAS  APPLIED  FOR
 ASSISTANCE PURSUANT TO THIS SECTION.
   (B)  "CITIZEN"  MEANS  A  PERSON  BORN IN ONE OF THE FIFTY STATES, THE
 DISTRICT OF COLUMBIA, PUERTO RICO, U.S.  VIRGIN  ISLANDS,  GUAM  OR  THE
 NORTHERN  MARIANA  ISLANDS,  OR  A PERSON BORN OUTSIDE OF THE U.S. TO AT
 LEAST ONE U.S. PARENT OR A NATURALIZED CITIZEN.
   (C) "DISASTER" MEANS A NATURAL DISASTER OR STORM THAT RESULTS  IN  THE
 DECLARATION  OF  A STATE OF EMERGENCY OR DISASTER BY THE STATE OR BY THE
 FEDERAL GOVERNMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13353-01-1
              

 A. 8415                             2
 
   (D) "DISPLACED" MEANS THE APPLICANT IS UNABLE TO RESIDE IN THE  DISAS-
 TER  DAMAGED  RESIDENCE  BECAUSE  IT IS UNINHABITABLE, MEANING IT IS NOT
 SAFE, SANITARY, OR FIT TO OCCUPY OR BECAUSE IT IS  INACCESSIBLE  DUE  TO
 SURROUNDING DAMAGE OR RESTRICTIONS PLACED BY GOVERNMENT OFFICIALS.
   (E)  "FINANCIAL ASSISTANCE" MEANS MONEY PROVIDED TO APPLICANTS TO MEET
 NECESSARY EXPENSES AND SERIOUS NEEDS AS A RESULT OF THE DISASTER.
   (F) "HOUSEHOLD" MEANS ALL PERSONS, INCLUDING ADULTS  AND  MINORS,  WHO
 LIVED  IN  THE PRE-DISASTER RESIDENCE WHO REQUEST ASSISTANCE, AS WELL AS
 ANY PERSONS, SUCH AS INFANTS, SPOUSE, OR PART-TIME  RESIDENTS  WHO  WERE
 NOT  PRESENT AT THE TIME OF THE DISASTER, BUT WHO ARE EXPECTED TO RETURN
 DURING THE ASSISTANCE PERIOD.
   (G) "NECESSARY EXPENSE" MEANS A  COST  ASSOCIATED  WITH  ACQUIRING  AN
 ITEM, OBTAINING A SERVICE, OR PAYING FOR ANY OTHER ACTIVITY THAT MEETS A
 SERIOUS NEED.
   (H)  "NON-CITIZEN  NATIONAL"  MEANS  A  PERSON  BORN  IN  AN  OUTLYING
 POSSESSION OF THE U.S., INCLUDING BUT NOT LIMITED TO AMERICAN  SAMOA  OR
 SWAINS ISLAND, ON OR AFTER THE DATE THE U.S. ACQUIRED THE POSSESSION, OR
 A  PERSON WHOSE PARENTS ARE U.S.  NON-CITIZEN NATIONALS.  ALL U.S. CITI-
 ZENS ARE U.S. NATIONALS, BUT NOT EVERY U.S. NATIONAL IS A U.S. CITIZEN.
   (I) "QUALIFIED ALIEN" MEANS A PERSON: (I) WITH LEGAL  PERMANENT  RESI-
 DENCE,  INCLUDING  HAVING  A GREEN CARD, REFUGEE OR ASYLUM STATUS, WITH-
 HOLDING OF DEPORTATION, CONDITIONAL ENTRY, PAROLE INTO THE U.S.  FOR  AT
 LEAST  ONE  YEAR  FOR  HUMANITARIAN  PURPOSES;  (II)  IS A CUBAN-HAITIAN
 ENTRANT; OR (III) HAS A PENDING OR APPROVED PETITION FOR RELIEF BASED ON
 BATTERY OR EXTREME CRUELTY BY  A  FAMILY  MEMBER.  SUCH  TERM  DOES  NOT
 INCLUDE A FOREIGN-BORN INDIVIDUAL STUDYING, WORKING, OR TRAVELING IN THE
 UNITED STATES PURSUANT TO A VISA.
   (J)  "QUALIFIED  MINOR  CHILD"  MEANS  A MINOR CHILD WHO IS A CITIZEN,
 NON-CITIZEN NATIONAL, OR QUALIFIED ALIEN WHO IS LIVING WITH  THE  APPLI-
 CANT.
   (K)  "SERIOUS NEED" MEANS A REQUIREMENT FOR AN ITEM OR SERVICE THAT IS
 ESSENTIAL TO AN APPLICANT'S ABILITY TO PREVENT,  MITIGATE,  OR  OVERCOME
 DISASTER-CAUSED HARDSHIP, INJURY OR ADVERSE CONDITION.
   (L) "UNDOCUMENTED IMMIGRANT" MEANS A PERSON WHO IS A NON-CITIZEN DOMI-
 CILIARY  OF  THE  STATE WHOSE COUNTRY OF ORIGIN IS OTHER THAN THE UNITED
 STATES.
   3. THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
 SERVICES, IN CONJUNCTION WITH THE NEW YORK STATE OFFICE FOR  NEW  AMERI-
 CANS, SHALL ESTABLISH PROCEDURES FOR RECEIPT OF APPLICATIONS FROM UNDOC-
 UMENTED  IMMIGRANT  APPLICANTS  AND HOUSEHOLDS IN ORDER TO PROVIDE EXPE-
 DITED RELIEF TO STORM SURVIVORS, INCLUDING  HOUSING  RELATED  ASSISTANCE
 AND  OTHER  NEEDS  ASSISTANCE.  HOUSING RELATED ASSISTANCE SHALL INCLUDE
 LODGING EXPENSE REIMBURSEMENT, RENTAL ASSISTANCE AND HOME REPAIR ASSIST-
 ANCE. OTHER NEEDS ASSISTANCE  SHALL  INCLUDE  BUT  NOT  BE  LIMITED  TO,
 PERSONAL  PROPERTY ASSISTANCE, MEDICAL AND DENTAL ASSISTANCE, CHILD CARE
 ASSISTANCE, CRITICAL NEEDS ASSISTANCE, AND CLEAN AND REMOVAL ASSISTANCE.
   4. HOUSING RELATED ASSISTANCE SHALL BE ADMINISTERED IN ACCORDANCE WITH
 THE GUIDELINES UNDER THE MAJOR  DISASTER  DECLARATION  FOR  REMNANTS  OF
 HURRICANE  IDA 4615-DR-NY AND SUCH ASSISTANCE SHALL BE DETERMINED BY THE
 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S FAIR  MARKET
 RENT LEVEL.
   5.  PERSONAL PROPERTY ASSISTANCE IS FINANCIAL ASSISTANCE TO REPLACE OR
 REPAIR PERSONAL PROPERTY DAMAGED OR DESTROYED DUE  TO  A  DISASTER.  THE
 LIST  OF  POTENTIAL  PERSONAL  PROPERTY ITEMS SHALL BE DETERMINED BY THE
 UNITED STATES DEPARTMENT OF HOUSING  AND  URBAN  DEVELOPMENT'S  STANDARD
 PERSONAL  PROPERTY  LINE  ITEMS DATA. DOCUMENTED EXPENSES FOR THE ACTUAL
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 COST TO REPLACE OR REPAIR  PERSONAL  PROPERTY,  OR  THE  MAXIMUM  VALUES
 ASSIGNED  IN  THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOP-
 MENT'S STANDARD PERSONAL PROPERTY LINE ITEMS DATA,  WHICHEVER  IS  LESS,
 ARE ALLOWABLE. ASSISTANCE FOR CLOTHING IS LIMITED TO THE REASONABLE COST
 OF  CLOTHING  FOR  UP TO SEVEN DAYS FOR DAMAGE TO CLOTHES THAT HAVE BEEN
 DESTROYED OR CONTAMINATED BY CHEMICALS OR SEWER BACKUP. CLOTHING  SOAKED
 BY  WIND-DRIVEN  RAIN,  SEEPAGE,  OR  FLOOD  WATERS  IS NOT ELIGIBLE FOR
 ASSISTANCE. REPLACEMENT OR REPAIR OF FURNISHINGS OR APPLIANCES  PROVIDED
 BY  A LESSOR ARE NOT ELIGIBLE. FINANCIAL ASSISTANCE TO REPLACE ESSENTIAL
 TOOL LINE ITEMS IN THE UNITED STATES DEPARTMENT  OF  HOUSING  AND  URBAN
 DEVELOPMENT'S  STANDARD PERSONAL PROPERTY LINE ITEMS DATA SUCH AS TOOLS,
 SUPPLIES, EQUIPMENT OR ITEMS REQUIRED BY AN EMPLOYER AS A  CONDITION  OF
 EMPLOYMENT OR REQUIRED FOR EDUCATION MAY BE ALLOWABLE BUT ARE NOT ALLOW-
 ABLE  FOR  SELF-EMPLOYED  APPLICANTS. THE ASSISTANCE IS INTENDED TO MEET
 THE BASIC NEEDS OF A HOUSEHOLD, NOT RESTORE ALL PERSONAL PROPERTY  ITEMS
 TO  A  PRE-  DISASTER  CONDITION.  APPLICANTS  SEEKING PERSONAL PROPERTY
 ASSISTANCE MUST PROVIDE DOCUMENTATION THAT THE  APPLICANT  HAS  PERSONAL
 PROPERTY DAMAGED IN THE DISASTER. THIS DOCUMENTATION MAY INCLUDE:
   (A) PHOTOGRAPHS OR VIDEOS OF THE PERSONAL PROPERTY SHOWING DAMAGE FROM
 THE DISASTER.
   (B)  PHOTOGRAPHS, VIDEOS, OR RECEIPTS OF PERSONAL PROPERTY FROM BEFORE
 THE DISASTER COMBINED WITH PHOTOGRAPHS AND VIDEOS SHOWING  THE  DISASTER
 DAMAGED RESIDENCE.
   (C) INSPECTIONS PERFORMED BY A CONTRACTOR.
   (D)  RECEIPTS  SHOWING  THE COST, DATE OF PURCHASE AFTER THE DISASTER,
 AND INFORMATION SUFFICIENT TO IDENTIFY THE ITEM AS CORRESPONDING  TO  AN
 ITEM  ON  THE  PERSONAL PROPERTY LIST IN THE UNITED STATES DEPARTMENT OF
 HOUSING AND URBAN DEVELOPMENT'S STANDARD PERSONAL  PROPERTY  LINE  ITEMS
 DATA.
   6.  MEDICAL AND DENTAL ASSISTANCE IS FINANCIAL ASSISTANCE FOR INJURIES
 AND EXPENSES DIRECTLY CAUSED BY A DISASTER. ELIGIBLE DOCUMENTED EXPENSES
 MAY INCLUDE COSTS ASSOCIATED WITH AN  INJURY  OR  ILLNESS,  PRE-EXISTING
 INJURY,  DISABILITY,  OR  MEDICAL  CONDITION AGGRAVATED BY THE DISASTER,
 REPLACEMENT OF PRESCRIBED MEDICATION, LOSS OR DAMAGE OF PERSONAL MEDICAL
 OR DENTAL EQUIPMENT, MEDICAL OR DENTAL INSURANCE DEDUCTIBLES OR  CO-PAYS
 FOR ELIGIBLE EXPENSES, AND LOSS OR INJURY OF A SERVICE ANIMAL. MEDICALLY
 UNNECESSARY  PROCEDURES,  SUCH AS TEETH WHITENING OR APPEARANCE ENHANCE-
 MENT OR ASSISTANCE FOR THERAPY OR  EMOTIONAL  SUPPORT  ANIMALS  ARE  NOT
 ALLOWABLE. ASSISTANCE FOR SERVICE ANIMALS IS LIMITED TO SERVICE DOGS AND
 MINIATURE HORSES THAT PERFORM A QUALIFIED TASK FOR A PERSON WITH A DISA-
 BILITY,  AS  DEFINED  BY THE AMERICANS WITH DISABILITIES ACT OF 1990, AS
 AMENDED. AN APPLICANT SEEKING MEDICAL AND DENTAL ASSISTANCE MUST PROVIDE
 DOCUMENTATION OF THE NEED. SUCH DOCUMENTATION MAY INCLUDE:
   (A) ITEMIZED BILLS, RECEIPTS, OR ESTIMATES FROM THE MEDICAL OR  DENTAL
 PROVIDER OR PHARMACY.
   (B)  A WRITTEN AND SIGNED STATEMENT FROM A MEDICAL OR DENTAL PROVIDER,
 INCLUDING THE DATE OF DISASTER-CAUSED INJURY AND EXPENSES NECESSARY  FOR
 RECOVERY.
   (C)  REPLACEMENT  OF  PRESCRIBED MEDICATION DOCUMENTATION INCLUDES ALL
 THE FOLLOWING:
   (I) A WRITTEN AND SIGNED STATEMENT BY THE APPLICANT OR THE APPLICANT'S
 MEDICAL OR DENTAL PROVIDER VERIFYING THE LOSS WAS CAUSED BY  THE  DISAS-
 TER;
   (II)  A WRITTEN AND SIGNED STATEMENT FROM A MEDICAL OR DENTAL PROVIDER
 VERIFYING THE PRESCRIPTION IS REQUIRED AND WAS PREVIOUSLY PRESCRIBED  TO
 THE APPLICANT OR A HOUSEHOLD MEMBER; AND
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   (III)  RECEIPTS  OR  OTHER  VERIFIABLE DOCUMENTATION FROM THE PHARMACY
 SHOWING THE REPLACEMENT COST OF THE PRESCRIBED MEDICATION.
   (D)  LOSS  OR  DAMAGE  OF  MEDICAL  OR  DENTAL EQUIPMENT DOCUMENTATION
 INCLUDES ALL THE FOLLOWING:
   (I) A WRITTEN AND SIGNED STATEMENT BY THE APPLICANT OR THE MEDICAL  OR
 DENTAL PROVIDER VERIFYING THE LOSS WAS CAUSED BY THE DISASTER;
   (II)  A WRITTEN AND SIGNED STATEMENT FROM A MEDICAL OR DENTAL PROVIDER
 VERIFYING THE APPLICANT OR HOUSEHOLD  MEMBER  REQUIRED  THE  MEDICAL  OR
 DENTAL EQUIPMENT PRIOR TO THE DISASTER; AND
   (III)  ITEMIZED  BILLS,  RECEIPTS,  OR  ESTIMATES  SHOWING  REPAIR  OR
 REPLACEMENT COST OF THE MEDICAL OR DENTAL EQUIPMENT.
   (E) REQUIRED DOCUMENTATION VERIFYING THE LOSS OR INJURY OF  A  SERVICE
 ANIMAL INCLUDES ALL THE FOLLOWING:
   (I) A WRITTEN AND SIGNED STATEMENT BY THE APPLICANT, MEDICAL PROVIDER,
 OR VETERINARY PROVIDER VERIFYING THE SERVICE ANIMAL'S LOSS OR INJURY WAS
 CAUSED BY THE DISASTER;
   (II)  A WRITTEN AND SIGNED STATEMENT FROM A MEDICAL PROVIDER VERIFYING
 THE APPLICANT OR HOUSEHOLD MEMBER REQUIRED  THE  SERVICE  ANIMAL  FOR  A
 DISABILITY PRIOR TO THE DISASTER;
   (III)  A  STATEMENT  FROM  THE  APPLICANT,  MEDICAL PROVIDER, OR OTHER
 REPRESENTATIVE EXPLAINING THE TYPE OF TASK  OR  WORK  PERFORMED  BY  THE
 SERVICE ANIMAL; AND
   (IV)  ITEMIZED  BILLS, RECEIPTS, OR ESTIMATES SHOWING EXPENSES RELATED
 TO THE SERVICE ANIMAL'S LOSS OR INJURY.
   7. CHILD CARE ASSISTANCE IS FINANCIAL ASSISTANCE  FOR  DISASTER-CAUSED
 INCREASED  FINANCIAL BURDENS FOR CHILD CARE. CHILD CARE MUST BE PROVIDED
 TO CHILDREN AGED THIRTEEN AND UNDER OR CHILDREN WITH  A  DISABILITY,  AS
 DEFINED  BY  FEDERAL LAW, UP TO AGE TWENTY-ONE, WHO NEED ASSISTANCE WITH
 THE ACTIVITIES OF DAILY LIVING. THE  APPLICANT  MUST  DEMONSTRATE  THAT,
 REGARDLESS OF WHETHER CHILD CARE WAS REQUIRED PRIOR TO THE DISASTER, THE
 HOUSEHOLD  EXPERIENCED  A DISASTER WHICH CAUSED FINANCIAL BURDEN BECAUSE
 THE APPLICANT'S GROSS HOUSEHOLD INCOME  HAS  DECREASED  BECAUSE  OF  THE
 DISASTER  OR  THE  APPLICANT'S  CHILD  CARE EXPENSES HAVE INCREASED AS A
 RESULT OF THE DISASTER. THE APPLICANT MUST ALSO CERTIFY THAT THEY CANNOT
 UTILIZE CHILD CARE SERVICES PROVIDED BY ANY OTHER SOURCE. THE CHILD CARE
 PROVIDER MUST BE LICENSED BY THE STATE OF NEW YORK. THE  MAXIMUM  AMOUNT
 IS THREE THOUSAND THREE HUNDRED DOLLARS FOR A MAXIMUM OF EIGHT WEEKS. AN
 APPLICANT  SEEKING  CHILD  CARE ASSISTANCE MUST PROVIDE DOCUMENTATION OF
 THE NEED. SUCH DOCUMENTATION MAY INCLUDE:
   (A) PRE- AND POST-DISASTER GROSS HOUSEHOLD INCOME DOCUMENTATION.
   (B) PRE-DISASTER RECEIPTS, CONTRACT, OR SIGNED LETTER FROM  THE  CHILD
 CARE PROVIDER FOR CHILD CARE EXPENSES, IF RECEIPTS OR CONTRACT CANNOT BE
 LOCATED.
   (C) POST-DISASTER RECEIPTS OR ESTIMATES FOR CHILD CARE FEES, REGISTRA-
 TION, AND/OR HEALTH INVENTORY FEES.
   (D) A POST-DISASTER CHILD CARE CONTRACT OR AGREEMENT.
   (E) A POST-DISASTER CHILD CARE PROVIDER'S LICENSE OR PRINTOUT FROM THE
 OFFICE  OF  CHILDREN AND FAMILY SERVICES' WEBSITE LISTING LICENSED CHILD
 CARE PROVIDERS.
   (F) AN INDIVIDUALIZED EDUCATIONAL PLAN, 504 PLAN, OR  MEDICAL  PROFES-
 SIONAL'S STATEMENTS, IF APPLICABLE, TO VERIFY DISABILITY FOR CHILDREN UP
 TO AGE TWENTY-ONE WHO NEED ASSISTANCE WITH ACTIVITIES OF DAILY LIVING.
   (G) A SIGNED, WRITTEN STATEMENT FROM THE APPLICANT AFFIRMING:
   (I)  THE APPLICANT IS NOT RECEIVING ASSISTANCE FOR CHILD CARE EXPENSES
 FROM ANY OTHER SOURCE; AND
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   (II) THE EXPECTED LENGTH OF TIME THE APPLICANT WILL HAVE  A  DISASTER-
 CAUSED NEED FOR CHILD CARE ASSISTANCE.
   (H)  AN  APPLICANT  WHO DID NOT HAVE CHILD CARE EXPENSES PRE-DISASTER,
 AND HAS INCURRED OR WILL INCUR CHILD CARE EXPENSES AS A  RESULT  OF  THE
 DISASTER, MUST SUBMIT:
   (I) POST-DISASTER RECEIPTS OR ESTIMATES FOR CHILD CARE FEES, REGISTRA-
 TION, AND/OR HEALTH INVENTORY FEES.
   (II) A POST-DISASTER CHILD CARE CONTRACT OR AGREEMENT.
   (III)  A  POST-DISASTER CHILD CARE PROVIDER'S LICENSE OR PRINTOUT FROM
 THE OFFICE OF CHILDREN AND FAMILY  SERVICES'  WEBSITE  LISTING  LICENSED
 CHILD CARE PROVIDERS.
   (IV)  AN INDIVIDUALIZED EDUCATIONAL PLAN, 504 PLAN, OR MEDICAL PROFES-
 SIONAL'S STATEMENTS, IF APPLICABLE, TO VERIFY DISABILITY FOR CHILDREN UP
 TO AGE TWENTY-ONE WHO NEED ASSISTANCE WITH ACTIVITIES OF DAILY LIVING.
   8. CRITICAL NEEDS ASSISTANCE IS FINANCIAL  ASSISTANCE  FOR  APPLICANTS
 WHO  HAVE  IMMEDIATE  OR  CRITICAL NEEDS BECAUSE THEY ARE DISPLACED FROM
 THEIR PRIMARY RESIDENCE OR TO APPLICANTS WHO NEED  ASSISTANCE  TO  LEAVE
 THEIR  PRE-DISASTER  PRIMARY RESIDENCE TO TEMPORARILY SHELTER ELSEWHERE.
 IMMEDIATE OR CRITICAL NEEDS ARE LIFE-SAVING  AND  LIFE-SUSTAINING  ITEMS
 INCLUDING,  BUT  NOT  LIMITED TO: WATER, FOOD, FIRST AID, PRESCRIPTIONS,
 INFANT FORMULA, DIAPERS,  CONSUMER  MEDICAL  SUPPLIES,  DURABLE  MEDICAL
 EQUIPMENT,  PERSONAL  HYGIENE  ITEMS,  AND  FUEL FOR TRANSPORTATION. THE
 MAXIMUM AMOUNT PER HOUSEHOLD IS FIVE HUNDRED DOLLARS. AN APPLICANT SEEK-
 ING CRITICAL NEEDS ASSISTANCE MUST PROVIDE DOCUMENTATION  OF  THE  NEED.
 SUCH  DOCUMENTATION  MAY  INCLUDE  A SELF-DECLARATION THAT THE APPLICANT
 INCURRED IMMEDIATE OR CRITICAL NEEDS IN THE  IMMEDIATE  AFTERMATH  OF  A
 DISASTER  AND  THE  FUNDS  WILL REIMBURSE THE APPLICANT FOR EXPENDITURES
 ALREADY MADE OR WILL BE USED  TO  PURCHASE  THE  LIFE-SAVING  AND  LIFE-
 SUSTAINING ITEMS DESCRIBED IN THIS SUBDIVISION.
   9.  CLEAN AND REMOVAL ASSISTANCE IS FINANCIAL ASSISTANCE FOR DISASTER-
 CAUSED REAL PROPERTY DAMAGE  THAT  DOES  NOT  QUALIFY  FOR  HOME  REPAIR
 ASSISTANCE  BECAUSE THE DAMAGE DID NOT RENDER THE HOME UNINHABITABLE. IT
 IS INTENDED TO ENSURE CONTAMINATION FROM FLOODWATERS IS ADDRESSED  IN  A
 TIMELY  MANNER  TO  PREVENT  ADDITIONAL  LOSSES AND POTENTIAL HEALTH AND
 SAFETY CONCERNS. IF HOME REPAIR ASSISTANCE IS  SUBSEQUENTLY  AWARDED  TO
 THE  APPLICANT,  THE  AMOUNT  OF  CLEAN  AND  REMOVAL ASSISTANCE WILL BE
 DEDUCTED FROM THE HOME REPAIR ASSISTANCE FUNDS. THE MAXIMUM  AMOUNT  PER
 HOUSEHOLD IS FIVE HUNDRED FIFTY DOLLARS.  AN APPLICANT SEEKING CLEAN AND
 REMOVAL ASSISTANCE MUST PROVIDE DOCUMENTATION OF THE NEED. SUCH DOCUMEN-
 TATION MAY INCLUDE A SELF-DECLARATION THAT THE APPLICANT INCURRED DISAS-
 TER  RELATED  DAMAGE  TO  THEIR HOME THAT REQUIRES IMMEDIATE CLEANING TO
 AVOID CONTAMINATION FROM FLOODWATERS AND  POTENTIAL  HEALTH  AND  SAFETY
 CONCERNS  AND  THAT  THE FUNDS WILL REIMBURSE THE APPLICANT FOR EXPENDI-
 TURES ALREADY MADE FOR CLEANING AND REMOVAL IN THEIR  HOME  OR  WILL  BE
 USED  TO  PURCHASE MATERIALS NECESSARY FOR CLEANING AND REMOVAL IN THEIR
 HOME.
   10. FUNDING FOR SUCH PROGRAM SHALL CONSIST  OF  ALL  REVENUE  RECEIVED
 PURSUANT  TO  AN  APPROPRIATION THEREFOR, AND ANY OTHER MONIES APPROPRI-
 ATED, CREDITED OR TRANSFERRED FROM ANY OTHER  SOURCE  PURSUANT  TO  LAW,
 INCLUDING  BUT NOT LIMITED TO STATE EMERGENCY APPROPRIATIONS ESTABLISHED
 BY THE GOVERNOR AND BASED ON THE  MAGNITUDE  OF  THE  DISASTER  AND  THE
 NUMBER OF IMPACTED RESIDENTS OF THE STATE. 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.
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   11.  THE  DIVISION  OF  HOMELAND  SECURITY  AND EMERGENCY SERVICES, IN
 CONJUNCTION WITH THE NEW YORK STATE OFFICE FOR NEW AMERICANS, SHALL HAVE
 THE AUTHORITY TO  ESTABLISH  RULES  AND  REGULATIONS  TO  IMPLEMENT  THE
 PROVISIONS OF THIS SECTION.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.