NY State Senate Bill 2023-S3202

Current Bill Status - In Senate Committee Finance 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to finance
Jan 30, 2023	referred to finance

2023-S3202 (ACTIVE) - Details

See Assembly Version of this Bill:: A3368
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §719, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5182
2017-2018: S3029
2019-2020: S2083
2021-2022: S2251, A8525

2023-S3202 (ACTIVE) - Summary

Establishes the disaster-related latent damage recovery grant program 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 thereof, where such damage was the result of a natural disaster.

2023-S3202 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3202

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing the
disaster-related latent damage recovery grant program

 
PURPOSE:

To ensure that communities with residual or worsening damage related to
a natural disaster have an opportunity to request additional funds to
address these ongoing issues.

 
SUMMARY OF PROVISIONS:

Section 1: Executive law is amended by adding a new section 719 estab-
lishing the Disaster-related latent damage recovery grant program.

Section 2: Provides an effective date.

JUSTIFICATION:

In recent years, several unprecedented natural disasters have wrought
havoc on communities across our state. From tropical storms Irene, Lee
and Hurricane Sandy to the widespread flooding that have and are
currently striking upstate communities, weather related natural disas-
ters have impacted nearly every corner of our state in recent years. The
state and federal response to these disasters has gone a long way
towards ensuring that our communities were and are able to get back on
their feet. However, many communities still have critical disaster-re-
lated infrastructure needs that have not yet been addressed.

The true extent of the damage to physical infrastructure is not always
apparent during initial assessments. Damage to drainage systems, subter-
ranean erosion, and salt-water damage are often missed immediately
following a disaster and may not become apparent until months or years
later. When latent damage is discovered, it can be difficult for commu-
nities to secure the additional resources they need.

This bill addresses this challenge by making additional disaster recov-
ery funds available for up to 7 years after a declaration of a state of
emergency by the Governor. Municipalities can apply for assistance in
amounts up to 10 percent of the sum of any disaster relief aid previous-
ly received by that municipality from state and federal sources, but not
more than $10 million dollars in any calendar year. This aid is intended
to specifically address latent damage to infrastructure.

This bill recognizes that disaster recovery is a long- term process and
seeks to ensure that communities continue to have access to the
resources they need to maintain the safety and integrity of their public
infrastructure.

 
LEGISLATIVE HISTORY:

2021-2022: S.2251 referred to Finance/A.8525 referred to Governmental
Operations


2019-2020: S. 2083 referred to Veterans, Homeland Security and Military
Affairs

2017-2018: S.3029-8 passed Senate

2015-2016: S.5182-A passed Senate/A.7352-A died in Governmental Oper-
ations

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that 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 is author-
ized and directed to be made and completed on or before such effective
date.

2023-S3202 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3202
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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

 S. 3202                             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.

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Senate Bill S3202

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

2023-S3202 (ACTIVE) - Details

2023-S3202 (ACTIVE) - Summary

2023-S3202 (ACTIVE) - Sponsor Memo

2023-S3202 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3202

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Sponsored By

Pamela Helming

Current Bill Status - In Senate Committee Finance Committee

2023-S3202 (ACTIVE) - Details

2023-S3202 (ACTIVE) - Summary

2023-S3202 (ACTIVE) - Sponsor Memo

2023-S3202 (ACTIVE) - Bill Text download pdf

Comments