S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3368
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to  amend  the  executive  law, in relation to establishing the
   disaster-related latent damage recovery grant program
 
   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.  DISASTER-RELATED  LATENT  DAMAGE  RECOVERY  GRANT PROGRAM. 1.
 THERE IS HEREBY ESTABLISHED THE DISASTER-RELATED LATENT DAMAGE  RECOVERY
 GRANT  PROGRAM  TO  BE ADMINISTERED BY THE DIVISION OF HOMELAND SECURITY
 AND EMERGENCY SERVICES.
   2. PROJECTS ELIGIBLE FOR PROGRAM GRANTS SHALL BE LIMITED  TO  PROJECTS
 TO  REPAIR  LATENT  DAMAGE TO PUBLIC INFRASTRUCTURE, INCLUDING PUBLICLY-
 OWNED ROADS, BRIDGES, DRAINAGE AND FLOOD MITIGATION SYSTEMS,  ELECTRICAL
 AND  MECHANICAL  SYSTEMS  AND  COMMUNICATION  SYSTEMS, AND ANY ANCILLARY
 INFRASTRUCTURE NECESSARY FOR THE SAFE OPERATION OF THE COMPONENTS THERE-
 OF, WHERE SUCH DAMAGE WAS THE RESULT OF A NATURAL DISASTER FOR WHICH THE
 GOVERNOR OF THE STATE OF NEW YORK MADE A DECLARATION OF A STATE OF EMER-
 GENCY. FOR PURPOSES OF THIS SECTION, "LATENT DAMAGE" SHALL BE DEFINED AS
 DAMAGE THAT WAS  NOT  REASONABLY  APPARENT  DURING  ANY  INITIAL  DAMAGE
 ASSESSMENTS.    IN NO EVENT SHALL GRANTS BE AWARDED FOR, NOR SHALL GRANT
 MONEY BE USED FOR, INFRASTRUCTURE  REPAIRS  THAT  ARE  REQUIRED  DUE  TO
 NORMAL USE AND WEAR AND TEAR.
   3. THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
 SERVICES  SHALL  ESTABLISH  PROCEDURES  FOR RECEIPT OF APPLICATIONS FROM
 MUNICIPALITIES AND FOR THE ISSUANCE OF GRANTS AUTHORIZED BY THIS SECTION
 WITHIN AVAILABLE APPROPRIATIONS.  APPLICATION FOR SUCH GRANTS  SHALL  BE
 SUBMITTED NO MORE THAN SEVEN YEARS, BUT NO LESS THAN ONE YEAR, AFTER THE
 GOVERNOR'S  DECLARATION OF THE STATE OF EMERGENCY THAT RENDERS A MUNICI-
 PALITY ELIGIBLE FOR GRANTS AUTHORIZED BY THIS SECTION. IN NO EVENT SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04960-01-3
              

 A. 3368                             2
 
 GRANTS EXCEED TEN PERCENT OF THE SUM OF ANY STATE  OR  FEDERAL  DISASTER
 ASSISTANCE  MONIES  GRANTED  TO  A MUNICIPALITY AS A RESULT OF A NATURAL
 DISASTER THAT WERE AWARDED PRIOR TO AN APPLICATION FOR A GRANT  STEMMING
 FROM THE SAME NATURAL DISASTER. IN NO EVENT SHALL A MUNICIPALITY RECEIVE
 A GRANT IN EXCESS OF TEN MILLION DOLLARS IN A GIVEN CALENDAR YEAR.
   4.  FUNDING  FOR  SUCH  PROGRAM  SHALL CONSIST OF ALL REVENUE RECEIVED
 PURSUANT TO AN APPROPRIATION THERETO, AND ALL OTHER MONIES APPROPRIATED,
 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 on the first of April next succeeding
 the date on which it shall have become a law.    Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.