S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9342
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
   tee on Housing
 
 AN ACT to amend the executive law and the state finance law, in relation
   to  expanding eligibility for participation in the resilient retrofits
   loan and grant program and establishing the  resilient  retrofit  loan
   and grant fund

   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  29-k
 to read as follows:
   § 29-K. RESILIENT  RETROFITS  LOAN AND GRANT PROGRAM EXPANSION. 1. FOR
 THE PURPOSES OF THIS SECTION, "DIVISION"  SHALL  MEAN  THE  DIVISION  OF
 HOUSING AND COMMUNITY RENEWAL.
   2.  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, IN CONJUNCTION WITH
 THE COMPTROLLER, HOME HEADQUARTERS, INC., AND COMMUNITY DEVELOPMENT LONG
 ISLAND (CDLI), SHALL ESTABLISH AND ADMINISTER  THE  RESILIENT  RETROFITS
 LOAN AND GRANT PROGRAM AS PROVIDED IN THIS SECTION.
   3.  (A)  THE  RESILIENT RETROFIT LOAN AND PROGRAM SHALL PROVIDE LOW OR
 NO-INTEREST LOANS TO INDIVIDUAL PROPERTY OWNERS TO PROVIDE FINANCING FOR
 HAZARD MITIGATION AND RESILIENCE PROJECTS, INCLUDING BUT NOT LIMITED  TO
 REPAIRS,  CLEANUPS, AND UPGRADES OF PRIVATE SEWERS IN MULTIPLE DWELLINGS
 AND SINGLE-FAMILY HOMES WHERE THE SEWER CAPACITY FOR SUCH PRIVATE SEWERS
 HAS BEEN EXCEEDED. SUCH LOANS MAY BE ATTACHED TO PROPERTY TAXES,  ALLOW-
 ING  FOR  THE  PROPERTY  TO  BE  SOLD SO LONG AS THE NEW OWNER AGREES TO
 ASSUME THE DEBT OBLIGATION.
   (B) LOANS PROVIDED UNDER THIS SECTION MAY BE USED TO SATISFY THE  NON-
 FEDERAL MATCH FOR FEDERAL MITIGATION GRANTS.
   4.  (A) RESILIENT NEW YORK REVOLVING LOAN PROGRAM SHALL PROVIDE GRANTS
 TO INDIVIDUAL PROPERTY OWNERS TO PROVIDE FINANCING FOR HAZARD MITIGATION
 AND RESILIENCE PROJECTS, INCLUDING BUT NOT LIMITED TO  CONSTRUCTION  AND
 MAINTENANCE  OF  FLOOD  AND/OR  BACK-UP  PRIVATE SEWER LINES IN MULTIPLE
 DWELLINGS AND SINGLE-FAMILY HOMES WHERE  THE  SEWER  CAPACITY  FOR  SUCH
 PRIVATE SEWERS HAS BEEN EXCEEDED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14500-01-4
              

 A. 9342                             2
 
   (B)  GRANTS  PROVIDED  UNDER THIS SECTION SHALL FINANCE, AT A MINIMUM,
 EIGHTY PERCENT OF THE COST OF HAZARD MITIGATION AND RESILIENCE  PROJECTS
 DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   5.  (A) THE DIVISION SHALL ESTABLISH APPLICATION PROCEDURES AND ELIGI-
 BILITY CRITERIA FOR LOANS AND GRANTS FROM THE RESILIENT  RETROFITS  LOAN
 AND  GRANT  FUND  ESTABLISHED  PURSUANT TO SECTION NINETY-NINE-RR OF THE
 STATE FINANCE LAW. SUCH ELIGIBILITY CRITERIA SHALL REQUIRE THAT INDIVID-
 UAL PROPERTY OWNER APPLICANTS DEMONSTRATE:
   (I) A NEED FOR A LOAN OR GRANT TO ADDRESS HAZARD MITIGATION; AND
   (II) THE ABILITY TO REPAY THE LOAN, IF REQUIRED, AT A LATER DATE.
   (B) LOANS PROVIDED PURSUANT TO THIS SECTION SHALL BE FOR A FIXED PERI-
 OD.
   (C) THE RESILIENT RETROFITS LOAN AND GRANT PROGRAM SHALL ALSO  PROVIDE
 GRADUATED  FORGIVABILITY AVAILABLE TO ELIGIBLE INDIVIDUAL PROPERTY OWNER
 RECIPIENTS THAT SHALL, AT A MINIMUM, PROVIDE FIFTY PERCENT LOAN FORGIVE-
 NESS FOR ELIGIBLE HOUSEHOLDS WITH ANNUAL INCOME EQUAL TO  OR  LESS  THAN
 TWO HUNDRED FIFTY THOUSAND DOLLARS PER YEAR.
   6.  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.
   § 2. The state finance law is amended by adding a new section 99-rr to
 read as follows:
   §  99-RR.  RESILIENT RETROFITS LOAN AND GRANT FUND. 1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
 COMMISSIONER  OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL A SPECIAL
 FUND TO BE KNOWN AS THE "RESILIENT RETROFIT LOAN AND GRANT FUND"  TO  BE
 ADMINISTERED  IN  ACCORDANCE WITH THIS SECTION AND SECTION TWENTY-NINE-K
 OF THE EXECUTIVE LAW.
   2. THE FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR ITS  PURPOSE,
 ALL  MONEYS  TRANSFERRED TO SUCH FUND PURSUANT TO LAW, ANY REPAYMENTS OF
 PRINCIPAL AND INTEREST  FROM  THE  RESILIENT  RETROFIT  LOAN  AND  GRANT
 PROGRAM  ADMINISTERED PURSUANT TO SECTION TWENTY-NINE-K OF THE EXECUTIVE
 LAW, AND ALL OTHER MONEYS REQUIRED BY THIS SECTION OR ANY OTHER  LAW  TO
 BE PAID INTO OR CREDITED TO THIS FUND.
   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. MONEYS EXPENDED FROM SUCH FUND SHALL BE USED TO SUPPLEMENT AND  NOT
 SUPPLANT  OR  REPLACE  ANY  OTHER  AVAILABLE  RECOVERY  OR RELIEF FUNDS,
 INCLUDING FEDERAL OR STATE FUNDING,  WHICH  WOULD  OTHERWISE  HAVE  BEEN
 EXPENDED  FOR  REIMBURSEMENT  OR  APPROPRIATED  TO LOCAL GOVERNMENTS FOR
 NATURAL HAZARD MITIGATION OR RESILIENCE PROJECTS.
   5. THE MONEYS 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 HOUSING AND COMMUNITY
 RENEWAL AS PROVIDED IN SECTION TWENTY-NINE-K OF THE EXECUTIVE  LAW.  THE
 COMPTROLLER SHALL, IN CONSULTATION WITH THE COMMISSIONER OF THE DIVISION
 OF  HOUSING AND COMMUNITY RENEWAL, PRESCRIBE BY REGULATION THE MANNER IN
 WHICH MONEYS OF THE FUND SHALL BE DISTRIBUTED TO ELIGIBLE APPLICANTS.
 A. 9342                             3
 
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the amendment, addition 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.