S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    140
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by M. of A. CRUZ, BURDICK, SIMON, McDONOUGH -- 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 2023

   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 2023".
   §  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02099-01-3
 A. 140                              2
              

 
   (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.
   (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
 A. 140                              3
 
 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
 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;
 A. 140                              4
 
   (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
   (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:
 A. 140                              5
 
   (I) THE APPLICANT IS NOT RECEIVING ASSISTANCE FOR CHILD CARE  EXPENSES
 FROM ANY OTHER SOURCE; AND
   (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
 A. 140                              6
 
 FOR  THE PURPOSE OF THE PROGRAM. GRANTS SHALL ONLY BE AWARDED BASED UPON
 THE AVAILABILITY OF FUNDS.
   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.