NY State Senate Bill 2021-S4262

Senate Bill S4262

2021-2022 Legislative Session

Authorizes municipalities to purchase private residential real property located in a floodplain

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Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to corporations, authorities and commissions
Feb 03, 2021	referred to corporations, authorities and commissions

co-Sponsors

2021-S4262 (ACTIVE) - Details

See Assembly Version of this Bill:: A1123
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: New York State Urban Development Corporation Act
Laws Affected:: Add §15-a, UDC Act
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6893, A8939
2023-2024: S4220

2021-S4262 (ACTIVE) - Summary

Authorizes municipalities to purchase private residential real property located in a floodplain.

2021-S4262 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4262

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the New York state urban development corporation act, in
relation to authorizing municipalities to purchase private residential
real property located in a floodplain

 
SUMMARY OF PROVISIONS:

Section 1 of the bill specifies the mechanism by which a city, town or
village may designate a residential area as a floodplain and how they
can purchase private property. Further, this bill stipulates owners of
the private property within the area designated as a floodplain are
under no obligation to sell their home and that once private property
has been purchased and made public it is to be dedicated as open space.

Section 2 marks the effective date.

 
JUSTIFICATION:

Throughout the state of New York, especially the Mohawk Valley, Southern
Tier and shores of Lake Ontario and the St. Lawrence River, there has
been a persistent, pervasive and destructive pattern of flooding. Many
of the floods that these regions are experiencing are exacting a devas-
tating toll on residents who are unfortunate enough to find themselves
in the path of these dangerous waters.

Many residents find themselves unable to sell their homes due to flood-
ing concerns, even at low prices. This leads to a cycle of residents
needing to remove water from their homes, replace their critical infras-
tructure like electricity, furnaces and hot water heaters, as well as
their personal belongings and furnishings on an almost yearly basis.

This legislation would provide local governments with a mechanism to
designate these hard hit residential areas as floodplains and buyout
residents at fair market, pre-flood(ing) levels through bonding made by
the Urban Development Corporation for the purposes of the program.
While residents are under no obligation to sell their home, this
provides them with an opportunity to sell for more than they would on
the open market. The sale price secured by the homeowner from the
government should provide them with greater means to purchase another
property outside of their locality's area of persistent flooding.

Further, this legislation mandates that the local government, once it
has designated a residential area as a floodplain, is to develop that
area into open space. This area could be used as a park or be returned
to nature entirely. This will help local governments by cutting down on
costs associated with emergency services and the redevelopment of prop-
erty and infrastructure.

 
LEGISLATIVE HISTORY:

2019-20 - S. 6893 - Corporations Authorities & Commissions/A. 8939 -
Economic Development

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2021-S4262 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4262
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sens. GRIFFO, TEDISCO -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Corporations,
   Authorities and Commissions
 
 AN ACT to amend the New York state urban development corporation act, in
   relation to authorizing municipalities to purchase private residential
   real property located in a floodplain
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
 the  New  York  state  urban  development corporation act, is amended by
 adding a new section 15-a to read as follows:
   § 15-A. SPECIAL PROVISIONS RELATING TO PRIVATE RESIDENTIAL REAL  PROP-
 ERTY  LOCATED  IN A FLOODPLAIN. (1) NOTWITHSTANDING ANY PROVISION OF LAW
 TO THE CONTRARY, BUT SUBJECT TO ANY AGREEMENT WITH NOTEHOLDERS OR  BOND-
 HOLDERS,  ANY  CITY,  TOWN  OR  VILLAGE IS HEREBY AUTHORIZED TO PURCHASE
 PRIVATE RESIDENTIAL REAL PROPERTY WHICH IS LOCATED IN A FLOODPLAIN.
   (2) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  ANY  STRUC-
 TURE  WHICH IS LOCATED ON PRIVATE RESIDENTIAL REAL PROPERTY LOCATED IN A
 FLOODPLAIN WHICH IS PURCHASED BY A CITY, TOWN OR VILLAGE SHALL BE DEMOL-
 ISHED.
   (3) NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  PRIVATE
 RESIDENTIAL  REAL  PROPERTY  ACQUIRED  PURSUANT TO THIS SECTION SHALL BE
 DEEMED PUBLIC PROPERTY AND SUCH PROPERTY  SHALL  BE  DEDICATED  AS  OPEN
 SPACE.
   (4)  A CITY, TOWN OR VILLAGE MAY OFFER TO PURCHASE PRIVATE RESIDENTIAL
 REAL PROPERTY WHICH IS LOCATED IN A FLOODPLAIN FOR AN AMOUNT  UP  TO  OR
 EQUAL  TO  THE FAIR MARKET VALUE OF SUCH PROPERTY AS SUCH PROPERTY IS OR
 WAS VALUED PRIOR TO ANY FLOOD DAMAGE.
   (5) A CITY, TOWN, OR VILLAGE WHICH ELECTS TO PURCHASE PRIVATE RESIDEN-
 TIAL REAL PROPERTY WHICH IS LOCATED IN A FLOODPLAIN SHALL PAY ALL  COSTS
 TYPICALLY ASSOCIATED WITH THE SALE OF PRIVATE RESIDENTIAL REAL PROPERTY,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00658-01-1

 S. 4262                             2
 
 INCLUDING,  BUT  NOT LIMITED TO, FEES FOR AN APPRAISAL, TITLE SEARCH, OR
 LOT SURVEY AND ANY ASSOCIATED CLOSING COSTS. THE SELLER OF SUCH  PRIVATE
 RESIDENTIAL  REAL  PROPERTY  SHALL BE RESPONSIBLE FOR THE PAYMENT OF ANY
 MORTGAGE,  LIEN OR OTHER FINANCIAL ENCUMBRANCE ON SUCH PROPERTY, AS WELL
 AS FOR ANY MOVING COSTS OR COSTS ASSOCIATED WITH RENTING OR  BUYING  NEW
 PROPERTY.
   (6)  NO OWNER OF PRIVATE RESIDENTIAL REAL PROPERTY WHICH IS LOCATED IN
 A FLOODPLAIN SHALL BE REQUIRED TO RELINQUISH HIS OR HER  REAL  PROPERTY;
 PROVIDED, HOWEVER, THAT OWNERS OF SUCH PRIVATE RESIDENTIAL REAL PROPERTY
 MAY  NEED TO TAKE RISK MITIGATION MEASURES, SUCH AS ELEVATING ANY STRUC-
 TURES ON SUCH PROPERTY.
   § 2. This act shall take effect immediately.

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Senate Bill S4262

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Sponsored By

Joseph A. Griffo