Bill S5182A-2015

Establishes the disaster-related latent damage recovery grant program

Establishes the disaster-related latent damage recovery grant program.

Details

Actions

  • Jun 16, 2015: referred to ways and means
  • Jun 16, 2015: DELIVERED TO ASSEMBLY
  • Jun 16, 2015: PASSED SENATE
  • Jun 16, 2015: ORDERED TO THIRD READING CAL.1673
  • Jun 16, 2015: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 5, 2015: PRINT NUMBER 5182A
  • Jun 5, 2015: AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • May 6, 2015: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Votes

Memo

BILL NUMBER:S5182A

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

Purpose Or General Idea Of Bill: 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 Specific Provisions:

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

Section 2: 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 struck upstate communities in June of 2013, weather related natural disasters 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 able to get back on their feet. However, many communities still have critical disaster-related 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, subterranean 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 communities to secure the additional resources they need.

This bill addresses this challenge by making additional disaster recovery 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 previously 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.

Prior Legislative History: This is a new bill.

Fiscal Implications For State And Local Governments: 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 necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 5182--A A. 7352--A 2015-2016 Regular Sessions S E N A T E - A S S E M B L Y May 6, 2015 ___________
IN SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee IN ASSEMBLY -- Introduced by M. of A. SANTABARBARA -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: S 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 COMPO- NENTS THEREOF, 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 EMERGENCY. 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 DIRECTOR 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 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. S 2. This act shall take effect on April 1, 2016; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.

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