S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6430

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 27, 2013
                               ___________

Introduced  by  M. of A. BRENNAN, SWEENEY, MILLMAN, MAISEL, MAYER, BENE-
  DETTO, TITONE, ENGLEBRIGHT, JAFFEE, WEISENBERG, GALEF,  PEOPLES-STOKES
  --  Multi-Sponsored  by -- M. of A. ABBATE, CLARK, GLICK, SCARBOROUGH,
  SKARTADOS -- read once and referred to the Committee  on  Governmental
  Operations

AN ACT to amend the executive law, in relation to Hurricane Sandy recov-
  ery funds oversight

  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 article  49-C,
to read as follows:
                               ARTICLE 49-C
                HURRICANE SANDY RECOVERY FUNDS OVERSIGHT
SECTION 996. HURRICANE SANDY RECOVERY FUNDS OVERSIGHT.
  S  996. HURRICANE SANDY RECOVERY FUNDS OVERSIGHT. 1. DEFINITIONS.  FOR
THE PURPOSES OF THIS SECTION, THE TERM:
  (A) "DIVISION" SHALL MEAN: THE NEW YORK STATE DIVISION OF BUDGET.
  (B) "HURRICANE SANDY RECOVERY FUNDING" SHALL MEAN (1)  FUNDS  PROVIDED
PURSUANT  TO  FEDERAL LEGISLATION WHICH CONTAINS, BUT IS NOT LIMITED TO,
DISASTER ASSISTANCE FOR IMPACTS  ASSOCIATED  WITH  HURRICANE  SANDY,  OR
OTHER  MAJOR  STORMS,  IN  THE  STATE  OF  NEW  YORK;  AND (2) ANY FUNDS
DISBURSED BY THE STATE FOR UNDERTAKINGS TO ADDRESS THE DAMAGE ASSOCIATED
WITH HURRICANE SANDY, WHICH UNDERTAKINGS SHALL INCLUDE  EMERGENCY  OPER-
ATIONS,  LOSS  REIMBURSEMENT,  REPAIRS, REBUILDING, RESTORATIONS, RECON-
STRUCTION, REMOVAL OF DEBRIS, TEMPORARY HOUSING,  HOUSEHOLD  ASSISTANCE,
RELIEF, HAZARD MITIGATION IMPROVEMENTS, CONSTRUCTION, AND OTHER RECOVERY
AND  REBUILDING  ACTIVITIES DEEMED BY THE DIVISION TO BE ASSOCIATED WITH
HURRICANE SANDY RECOVERY AND REBUILDING.
  2. (A) THE DIVISION, IN CONSULTATION WITH  THE  OFFICE  OF  THE  STATE
COMPTROLLER,  SHALL  MAINTAIN  A PUBLIC WEBSITE DEDICATED TO THE DISSEM-
INATION AND TRANSPARENT ADMINISTRATION OF HURRICANE SANDY RECOVERY FUND-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09946-01-3
              

A. 6430                             2

ING. THE DIVISION SHALL MAKE AVAILABLE ON ITS WEBSITE QUARTERLY  REPORTS
ON  HURRICANE SANDY RECOVERY FUNDING REQUIRED PURSUANT TO PARAGRAPH B OF
THIS SUBDIVISION.
  (B)  THE  DIVISION  SHALL  PROVIDE  A  REPORT TO THE STATE LEGISLATURE
CONCERNING THE RECEIPT, DISTRIBUTION, AND  ADMINISTRATION  OF  HURRICANE
SANDY  RECOVERY FUNDING, WHICH REPORT SHALL BE DUE ON THE FIRST BUSINESS
DAY OF EACH CALENDAR QUARTER COMMENCING  AFTER  THE  DATE  THIS  ARTICLE
SHALL  TAKE  EFFECT.  THE  REPORT  SHALL  CONTAIN  DETAILED  INFORMATION
CONCERNING:
  (I) THE AMOUNT OF HURRICANE  SANDY  RECOVERY  FUNDING  THE  STATE  HAS
RECEIVED;
  (II) THE MANNER IN WHICH HURRICANE SANDY RECOVERY FUNDING IS RECEIVED;
  (III)  THE  PROCESSES  BY  WHICH  HURRICANE  SANDY RECOVERY FUNDING IS
DISTRIBUTED UPON INITIAL RECEIPT;
  (IV) STATE  OPERATING  PLANS  FOR  HURRICANE  SANDY  RECOVERY  FUNDING
PROJECTS AND ADMINISTRATION;
  (V) THE AWARD OF STATE GRANTS OR STATE CONTRACTS USING HURRICANE SANDY
RECOVERY FUNDING;
  (VI)  THE IDENTITY OF HURRICANE SANDY RECOVERY FUNDING STATE GRANT AND
CONTRACT RECIPIENTS;
  (VII) AN ANALYSIS OF WHETHER THE USE OF HURRICANE SANDY RECOVERY FUND-
ING IS ACCOMPLISHING ITS INTENDED PURPOSE;
  (VIII) THE NUMBER OF JOBS CREATED BY HURRICANE SANDY RECOVERY  FUNDING
STATE ADMINISTERED PROJECTS;
  (IX)  RECOMMENDATIONS  FOR ENHANCED EFFICIENCY AND TRANSPARENCY IN THE
ADMINISTRATION OF HURRICANE SANDY RECOVERY  FUNDING,  AND  FOR  ENHANCED
COORDINATION IN HURRICANE SANDY RECOVERY EFFORTS; AND
  (X) ANY OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO THE TRANSPAR-
ENT ADMINISTRATION OF HURRICANE SANDY RECOVERY FUNDING.
  (C)  IN  ADDITION  TO PUBLIC DISSEMINATION OF THE REPORT, THE DIVISION
SHALL, TO THE EXTENT  THE  INFORMATION  IS  AVAILABLE,  PROVIDE  ON  ITS
WEBSITE DETAILED INFORMATION ON:
  (I) THE DISTRIBUTION OF HURRICANE SANDY RECOVERY FUNDING BY COUNTY AND
MUNICIPALITY;
  (II)  THE  ISSUANCE  OF  EACH STATE CONTRACT ASSOCIATED WITH HURRICANE
SANDY RECOVERY FUNDING INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OF THE
CONTRACT, THE AMOUNT OF THE CONTRACT'S CONSIDERATION,  WHETHER  THE  BID
WAS  SUBJECT  TO PUBLIC BIDDING, AND BACKGROUND INFORMATION ON THE STATE
CONTRACT RECIPIENT'S QUALIFICATION FOR RECEIPT OF THE STATE CONTRACT;
  (III) THE ISSUANCE OF EACH STATE GRANT ASSOCIATED WITH HURRICANE SANDY
RECOVERY FUNDING INCLUDING, BUT NOT  LIMITED  TO,  THE  PURPOSE  OF  THE
GRANT,  THE  AMOUNT  OF  THE  GRANT,  WHETHER THE GRANT WAS SUBJECT TO A
SELECTIVE AWARD PROCESS AND THE NATURE OF THAT PROCESS,  AND  BACKGROUND
INFORMATION  ON THE STATE GRANT RECIPIENT'S QUALIFICATION FOR RECEIPT OF
THE STATE GRANT; AND
  (IV) ANY OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO  THE  TRANS-
PARENT ADMINISTRATION OF HURRICANE SANDY RECOVERY FUNDING.
  (D)  THE  DIVISION  SHALL  UPDATE  THE  WEBSITE WITHIN TEN DAYS OF THE
RECEIPT OF INFORMATION CONCERNING THE AWARD OF A STATE CONTRACT OR STATE
GRANT OR DISTRIBUTION OF HURRICANE SANDY RECOVERY FUNDING.
  3. THE WEBSITE AND REPORTS REQUIRED PURSUANT TO THIS SECTION SHALL NOT
BE USED TO DISTRIBUTE INFORMATION WHICH IF  DISCLOSED  WOULD  JEOPARDIZE
COMPLIANCE  WITH  STATE OR FEDERAL LAW, THREATEN PUBLIC HEALTH, WELFARE,
OR SAFETY, OR HARM THE COMPETITIVE ECONOMIC POSITION OF A PARTY.
  S 2. This act shall take effect immediately.