S T A T E O F N E W Y O R K
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9249
I N A S S E M B L Y
February 9, 2022
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Introduced by M. of A. OTIS -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the state finance law and the executive law, in relation
to establishing the "Hurricane Ida relief program"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
99-oo to read as follows:
§ 99-OO. HURRICANE IDA RELIEF PROGRAM FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "HURRICANE
IDA RELIEF PROGRAM FUND" TO BE ADMINISTERED IN ACCORDANCE WITH THIS
SECTION AND SECTION TWENTY-NINE-L OF THE EXECUTIVE LAW.
2. THE HURRICANE IDA RELIEF PROGRAM FUND SHALL CONSIST OF ALL MONEYS
RECEIVED THEREFOR, INCLUDING BUT NOT LIMITED TO APPROPRIATIONS, MONETARY
GRANTS, GIFTS OR BEQUESTS RECEIVED BY THE STATE FOR THE PURPOSES OF THE
FUND, AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY
OTHER FUND OR SOURCE; PROVIDED, HOWEVER, SUCH FUND SHALL NOT COLLECT NOR
EXPEND MORE THAN FIFTY MILLION DOLLARS IN TOTAL. MONEYS OF SUCH FUND
SHALL BE EXPENDED ONLY FOR HURRICANE IDA RELIEF FINANCIAL ASSISTANCE AND
DISASTER RELIEF SERVICES IN ACCORDANCE WITH SECTION TWENTY-NINE-L OF THE
EXECUTIVE LAW.
3. MONEYS IN SUCH FUND SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE
COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER OR
THE COMMISSIONER OF TAXATION AND FINANCE. ANY MONEYS OF THE FUND NOT
REQUIRED FOR IMMEDIATE USE MAY, AT THE DISCRETION OF THE COMPTROLLER, IN
CONSULTATION WITH THE DIRECTOR OF THE BUDGET, BE INVESTED BY THE COMP-
TROLLER IN OBLIGATIONS OF THE UNITED STATES OR THE STATE, OR IN OBLI-
GATIONS THE PRINCIPAL AND INTEREST ON WHICH ARE GUARANTEED BY THE UNITED
STATES OR BY THE STATE. ANY INCOME EARNED BY THE INVESTMENT OF SUCH
MONEYS SHALL BE ADDED TO AND BECOME A PART OF AND SHALL BE USED FOR THE
PURPOSES OF SUCH FUND.
4. MONEY EXPENDED FROM SUCH FUND SHALL BE USED TO SUPPLEMENT AND NOT
SUPPLANT OR REPLACE ANY OTHER AVAILABLE RECOVERY OR RELIEF FUNDS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14094-04-2
A. 9249 2
INCLUDING FEDERAL OR STATE FUNDING, WHICH WOULD OTHERWISE HAVE BEEN
EXPENDED FOR REIMBURSEMENT OF DAMAGES CAUSED BY HURRICANE IDA.
5. MONEYS OF THE FUND, WHEN RECEIVED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION, SHALL BE AVAILABLE TO THE COMMISSIONER OF THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES TO PROVIDE AUTHORIZED COMPEN-
SATION OR REIMBURSEMENTS TO ELIGIBLE INDIVIDUALS, HOUSEHOLDS AND BUSI-
NESS WHO SUFFERED DAMAGES CAUSED BY HURRICANE IDA FOR WHICH INSURANCE,
STATE ASSISTANCE, AND FEDERAL ASSISTANCE ARE EITHER NOT AVAILABLE OR DO
NOT ADEQUATELY MEET THE NEEDS OF SUCH ELIGIBLE INDIVIDUAL, HOUSEHOLD OR
BUSINESS WITH RESPECT TO SUCH DAMAGES IN ACCORDANCE WITH SECTION TWEN-
TY-NINE-L OF THE EXECUTIVE LAW.
6. THE MONIES OF THE FUND SHALL BE PAID OUT, WITHOUT APPROPRIATION, ON
THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR
APPROVED BY THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES AS PROVIDED IN SECTION TWENTY-NINE-L OF THE EXECUTIVE
LAW. THE COMPTROLLER SHALL, IN CONSULTATION WITH THE COMMISSIONER OF THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, PRESCRIBE BY REGU-
LATION THE MANNER IN WHICH MONEYS OF THE FUND SHALL BE DISTRIBUTED TO
ELIGIBLE APPLICANTS.
§ 2. The executive law is amended by adding a new section 29-l to read
as follows:
§ 29-L. HURRICANE IDA RELIEF PROGRAM. 1. THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, IN CONJUNCTION WITH THE COMPTROLLER,
SHALL ESTABLISH AND ADMINISTER A SUPPLEMENTAL STATE DISASTER AID PROGRAM
TO BE KNOWN AS THE "HURRICANE IDA RELIEF PROGRAM" OR THE "PROGRAM" AS
PROVIDED IN THIS SECTION. SUCH PROGRAM SHALL BE IN ADDITION TO ANY FUNDS
PROVIDED BY THE FEDERAL GOVERNMENT AND EXPENDED OR PROVIDED THROUGH THE
DIVISION FOR DISASTER RECOVERY AND RELIEF, AND SHALL NOT DUPLICATE
ASSISTANCE PROVIDED BY THE FEDERAL GOVERNMENT OR INSURANCE.
2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "APPLICANT" MEANS AN INDIVIDUAL, HOUSEHOLD OR BUSINESS ENTITY THAT
HAS APPLIED FOR ASSISTANCE PURSUANT TO SUBDIVISION THREE OF THIS
SECTION.
(B) (I) "DIVISION" MEANS THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY SERVICES.
(II) "COMMISSIONER" MEANS THE COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES.
(III) "FEMA" MEANS THE FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION.
(C) "ELIGIBLE APPLICANT" MEANS AN APPLICANT THAT SUFFERED DAMAGES
CAUSED BY HURRICANE IDA WITHIN A LOCALITY DESIGNATED AS WITHIN AN AREA
SUBJECT TO THE MAJOR DISASTER DECLARATION FOR REMNANTS OF HURRICANE
IDA, (FEMA-4615-DR-NY), FOR THE INCIDENT PERIOD SEPTEMBER FIRST THROUGH
SEPTEMBER THIRD, TWO THOUSAND TWENTY-ONE, AS DEFINED IN PARAGRAPH (G) OF
THIS SUBDIVISION, AND:
(I) INSURANCE, OR FINANCIAL ASSISTANCE AS DEFINED IN PARAGRAPH (D) OF
THIS SECTION, OR ANY COMBINATION OF SUCH INSURANCE AND FINANCIAL ASSIST-
ANCE ARE NOT AVAILABLE TO THE APPLICANT; OR
(II) SUCH INSURANCE, OR FINANCIAL ASSISTANCE, OR COMBINATION THEREOF
ARE AVAILABLE TO THE APPLICANT BUT CANNOT ADEQUATELY COMPENSATE OR REIM-
BURSE SUCH APPLICANT FOR SUCH DAMAGES.
(D) "FINANCIAL ASSISTANCE" MEANS MONEY PROVIDED TO AN ELIGIBLE APPLI-
CANT AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, AS COMPENSATION OR
REIMBURSEMENT FOR DAMAGES CAUSED BY HURRICANE IDA IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION AND SECTION NINETY-NINE-OO OF THE STATE
FINANCE LAW BUT SHALL NOT INCLUDE FINANCIAL ASSISTANCE FOR DAMAGES
A. 9249 3
CAUSED BY HURRICANE IDA PROVIDED BY FEMA'S INDIVIDUAL ASSISTANCE
PROGRAM, OR ANY OTHER FEDERAL, STATE, OR MUNICIPAL DISASTER RECOVERY,
RELIEF, ASSISTANCE OR AID PROGRAM OR FUND OTHER THAN THE PROGRAM ESTAB-
LISHED PURSUANT TO THIS SECTION. SUCH FINANCIAL ASSISTANCE SHALL IN NO
EVENT EXCEED TEN THOUSAND DOLLARS NOR BE LESS THAN ONE HUNDRED DOLLARS.
(E) "FUND" MEANS THE HURRICANE IDA RELIEF PROGRAM FUND ESTABLISHED
PURSUANT TO SECTION NINETY-NINE-OO OF THE STATE FINANCE LAW.
(F) "HOUSEHOLD" MEANS ALL PERSONS, INCLUDING ADULTS AND MINORS, WHO
LIVED IN A PRE-DISASTER RESIDENCE WITHIN A LOCALITY DESIGNATED AS WITHIN
AN AREA SUBJECT TO THE MAJOR DISASTER DECLARATION FOR REMNANTS OF
HURRICANE IDA, (FEMA-4615-DR-NY), FOR THE INCIDENT PERIOD SEPTEMBER
FIRST THROUGH SEPTEMBER THIRD, TWO THOUSAND TWENTY-ONE, 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) "HURRICANE IDA" MEANS THE DISASTER DECLARED ON SEPTEMBER FIFTH,
TWO THOUSAND TWENTY-ONE PURSUANT TO MAJOR DISASTER DECLARATION FOR
REMNANTS OF HURRICANE IDA, (FEMA-4615-DR-NY), FOR THE INCIDENT PERIOD
SEPTEMBER FIRST THROUGH SEPTEMBER THIRD, TWO THOUSAND TWENTY-ONE.
(H) "BUSINESS ENTITY" MEANS A CORPORATION, ASSOCIATION, PARTNERSHIP,
LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, OR OTHER LEGAL
ENTITY.
3. (A) THE COMMISSIONER SHALL, IN CONSULTATION WITH THE COMPTROLLER,
DEVELOP AND IMPLEMENT PROCEDURES GOVERNING THE SUBMISSION AND RECEIPT OF
APPLICATIONS FOR FINANCIAL ASSISTANCE PURSUANT TO THIS SECTION. SUCH
PROCEDURES SHALL PROVIDE FOR EXPEDITED RELIEF TO ELIGIBLE APPLICANTS,
AND EACH SUCH APPLICATION SHALL BE SUBMITTED TO THE DIVISION IN SUCH
FORM AND IN SUCH MANNER AS THE COMMISSIONER DEEMS APPROPRIATE.
(B) SUCH APPLICATION FOR FINANCIAL ASSISTANCE SHALL BE MADE AVAILABLE
FOR ALL POTENTIAL APPLICANTS IN ACCORDANCE WITH SUBDIVISION SIX OF THIS
SECTION, AND AT MINIMUM, SHALL REQUIRE THE APPLICANT TO CERTIFY ON A
FORM PREPARED BY THE COMMISSIONER:
(I) THE AMOUNT AND NATURE OF DAMAGES SUSTAINED BY THE APPLICANT;
(II) THAT SUCH DAMAGES WERE IN FACT CAUSED BY HURRICANE IDA;
(III) THE AMOUNT OF ANY COMPENSATION OR REIMBURSEMENT FOR SUCH DAMAGES
ALREADY RECEIVED, IF ANY;
(IV) THE AMOUNT OF ANY COMPENSATION OR REIMBURSEMENT FOR SUCH DAMAGES
WHICH THE APPLICANT HAS YET TO RECEIVE BUT EXPECTS TO RECEIVE AT A
FUTURE DATE, AND THE DATE SUCH COMPENSATION OR REIMBURSEMENT IS
EXPECTED;
(V) ANY AMOUNT FOR WHICH THE APPLICANT HAS APPLIED FOR RELIEF OR MADE
A CLAIM FOR FINANCIAL ASSISTANCE OR DISASTER RELIEF FOR DAMAGES CAUSED
BY HURRICANE IDA FROM FEMA OR ANY OTHER FEDERAL, STATE, OR MUNICIPAL
DISASTER RELIEF PROGRAM FOR WHICH A DETERMINATION IS PENDING; AND
(VI) THAT THE AMOUNT OF FINANCIAL ASSISTANCE APPLIED FOR REFLECTS
DAMAGES INCURRED WHICH (A) HAVE NOT BEEN COMPENSATED OR REIMBURSED BY
ANY OTHER SOURCE; OR (B) SUCH DAMAGES HAVE BEEN PARTIALLY COMPENSATED OR
REIMBURSED AND THE AMOUNT APPLIED FOR REFLECTS A PORTION OF DAMAGES NOT
SO COMPENSATED OR REIMBURSED.
(C)(I) THE DIVISION SHALL REVIEW EACH APPLICATION FOR ASSISTANCE
SUBMITTED PURSUANT TO THIS SUBDIVISION AND SHALL APPROVE OR REJECT SUCH
APPLICATION AND NOTIFY THE APPLICANT OF SUCH APPROVAL OR REJECTION NO
LATER THAN THIRTY DAYS AFTER RECEIPT OF SUCH APPLICATION. IF THE DIVI-
SION APPROVES SUCH APPLICATION, THE APPLICANT SHALL RECEIVE FINANCIAL
ASSISTANCE NO LATER THAN THIRTY DAYS AFTER SUCH APPROVAL PURSUANT TO
A. 9249 4
SUBDIVISION FIVE OF THIS SECTION AND SECTION NINETY-NINE-OO OF THE STATE
FINANCE LAW.
(II) THE DIVISION SHALL CONDUCT THE REVIEW, AND DETERMINATION REQUIRED
BY SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ACCORDANCE WITH RULES AND
REGULATIONS PROMULGATED BY THE COMMISSIONER FOR SUCH PURPOSE. TO THE
EXTENT POSSIBLE, SUCH RULES AND REGULATIONS SHALL INTEGRATE THE
PRESCRIBED PROTOCOLS REQUIRED UNDER FEMA'S INDIVIDUAL ASSISTANCE PROGRAM
REGARDING VERIFICATION, CONFIRMATION, ASSESSMENT, AND APPROVAL OR DENIAL
OF APPLICATIONS FOR ASSISTANCE, AND APPEALS.
4. BEGINNING ON THE EFFECTIVE DATE OF THIS SUBDIVISION AND THEREAFTER,
THE DIVISION, IN CONJUNCTION WITH THE COMPTROLLER SHALL MAKE FINANCIAL
ASSISTANCE AVAILABLE TO COMPENSATE OR REIMBURSE ELIGIBLE APPLICANTS IN
ACCORDANCE WITH THIS SECTION AND SECTION NINETY-NINE-OO OF THE STATE
FINANCE LAW. THE COMMISSIONER SHALL BY REGULATION DETERMINE WHICH TYPES
OF DAMAGES SHALL BE ELIGIBLE FOR COMPENSATION OR REIMBURSEMENT AND THE
AMOUNT TO BE PAID THEREFOR, PROVIDED SUCH DAMAGES SHALL INCLUDE, BUT NOT
BE LIMITED TO DAMAGE TO REAL AND PERSONAL PROPERTY, STRUCTURES LOCATED
ON REAL PROPERTY, VEHICLES, AND OTHER PERSONAL PROPERTY AS THE COMMIS-
SIONER DEEMS APPROPRIATE. THE COMPTROLLER, IN CONSULTATION WITH THE
COMMISSIONER, SHALL PRESCRIBE BY REGULATION THE MANNER IN WHICH SUCH
FINANCIAL ASSISTANCE SHALL BE DISTRIBUTED TO ELIGIBLE BENEFICIARIES.
5. THE DIVISION SHALL COOPERATE WITH THE OFFICE OF THE STATE COMP-
TROLLER TO PROVIDE FOR THE PROVISION OF PERIODIC AUDITS OF THE HURRICANE
IDA RELIEF PROGRAM, TO ASSURE THAT ALL AID PROVIDED WAS GIVEN ONLY TO
THOSE ELIGIBLE TO RECEIVE SUCH ASSISTANCE AND IN THE AMOUNTS SO
REQUIRED, AND THAT SUCH FUNDS WERE USED ONLY FOR THEIR INTENDED
PURPOSES. FUNDS FOR THE HURRICANE IDA RELIEF PROGRAM SHALL NOT DUPLI-
CATE ASSISTANCE PROVIDED BY OTHER SOURCES, INCLUDING BUT NOT LIMITED TO
THOSE PROVIDED BY THE FEDERAL GOVERNMENT, THE STATE, A MUNICIPALITY, OR
INSURANCE.
6. BEGINNING ON THE EFFECTIVE DATE OF THIS SUBDIVISION AND THEREAFTER:
(A) THE DIVISION SHALL ATTEMPT TO NOTIFY ALL INDIVIDUALS, HOUSEHOLDS AND
BUSINESSES WHO SUFFERED DAMAGES CAUSED BY HURRICANE IDA OF THE HURRICANE
IDA RELIEF PROGRAM ESTABLISHED PURSUANT TO THIS SECTION AND SHALL
ENCOURAGE ALL SUCH INDIVIDUALS, HOUSEHOLDS AND BUSINESSES TO APPLY.
(B) THE DIVISION SHALL ESTABLISH AND PUBLICIZE A TOLL-FREE TELEPHONE
NUMBER FOR USE BY PROSPECTIVE APPLICANTS SEEKING INFORMATION ON THE
PROGRAM. THE DIVISION SHALL PUBLISH GUIDANCE AND INSTRUCTIONS REGARDING
THE APPLICATION PROCESS, CRITERIA FOR REVIEW AND DETERMINATIONS, AND
OTHER RELEVANT INFORMATION, INCLUDING AN APPLICATION FORM AND RELATED
MATERIALS. ALL SUCH MATERIALS SHALL BE ACCESSIBLE TO THE PUBLIC ON ANY
WEBSITE MAINTAINED BY THE DIVISION AND AVAILABLE FOR DOWNLOAD BY
PROSPECTIVE APPLICANTS.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law, provided, however, that the provisions of subdivision
6 of section 29-l of the executive law, as added by section two of this
act shall take effect immediately. 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.