NY State Senate Bill 2023-S8581

Senate Bill S8581

2023-2024 Legislative Session

Expands eligibility for loans and grants pursuant to the resilient retrofits loan and grant program for private sewer repairs and upgrades

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2024	reported and committed to finance
Mar 18, 2024	reported and committed to housing, construction and community development
Feb 16, 2024	referred to veterans, homeland security and military affairs

Votes

- Mar 18, 2024 - Veterans, Homeland Security And Military Affairs Committee Vote
  S8581
  
  6
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Veterans, Homeland Security And Military Affairs Committee Vote: Mar 18, 2024
      
      aye (6)
      
      Addabbo Jr.
      
      Brouk
      
      Harckham
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Serrano
      
      aye wr (3)
      
      Ashby
      
      Stec
      
      Weik
  May 20, 2024 - Housing, Construction And Community Development Committee Vote
  S8581
  
  8
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: May 20, 2024
      
      aye (8)
      
      Brisport
      
      Cleare
      
      Jackson
      
      Kavanagh
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      aye wr (3)
      
      Borrello
      
      Helming
      
      Martins

co-Sponsors

2023-S8581 (ACTIVE) - Details

See Assembly Version of this Bill:: A9342
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §29-k, Exec L; add §99-rr, St Fin L

2023-S8581 (ACTIVE) - Summary

Expands eligibility for loans and grants pursuant to the resilient retrofits loan and grant program for private sewer repairs and upgrades; establishes the resilient retrofits loan and grant fund.

2023-S8581 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8581

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide backed up private sewers in multiple dwellings and single
family residences access to needed funding for sewer line replacement

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 29k to the executive law to extend the
resilient retrofits loans and grant program expansion. 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.

The program would provide low to no interest loans for hazard miti-
gation, cleanups, and upgrades of private sewers and cover 80 percent of
the cost of such upgrades.

Section 2 establishes a fund for the program and maintains criteria for
public expenditures of such fund.

Ssection 3 is the effective date.

 
JUSTIFICATION:

There are unsafe sewers in New York City communities. More support is
sorely needed for private sewer repairs, cleanups, and upgrades. This
measure will help protect the safety, financial stability, and housing
security of homeowners, and uphold the rights of residents to a clean
and healthy environment. NYC has historically invested less money and
resources in Black, Brown, and immigrant communities, which now face
greater risks of flooding and sewage backups. Queens residents consist-
ently make the most backup calls to DEP of any borough, and in 2022
alone had over 4,000 backup complaints involving private sewer issues.

East Elmhurst has an area of about 35 homes on a public sewer line that
faces chronic backups. Many residents have serious health issues like
illnesses and infections, and many do not have insurance. Most could
benefit from the installation of mechanisms like automatic backwater
valves, which would cost $10k per home. Residents also currently cover
the costs of cleaning and repairing flood damage, which can range up to
$33k for a serious backup. Providing another $10k per home for various
repairs, upgrades, and cleanup costs would make a massive difference.
Total initial estimate of $700k. South Jamaica has a community of 20
homes connected on a failing private sewer line that needs frequent
repair and maintenance (roughly $10k per year in total).

DEP has pledged to build a public line for this area within 3-4 years.
Residents must make 'lateral' connections to the public line, which cost
$15k per house, for a total estimate of $310k, and that money, many
residents cannot and will not be able to afford. This bill is one remedy
with a compelling government interests that can and will alleviate
parens patriae issues in addition to mitigating risks to public health
in the region.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

The state will need to allocate 20 million dollars for this fund.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become 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.

2023-S8581 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8581
 
                             I N  S E N A T E
 
                             February 16, 2024
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 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
 S. 8581                             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.
 S. 8581                             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.

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Senate Bill S8581

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Sponsored By

Leroy Comrie