S T A T E   O F   N E W   Y O R K
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                                 7261--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2015
                               ___________

Introduced  by M. of A. BRENNAN, GALEF, MAYER, BENEDETTO, TITONE, ENGLE-
  BRIGHT, JAFFEE, PEOPLES-STOKES, MOSLEY, PICHARDO, BUCHWALD, GOTTFRIED,
  SIMON, QUART, KAMINSKY, GUNTHER, ORTIZ, TITUS, CAHILL, KIM, ARROYO  --
  Multi-Sponsored  by  --  M. of A. ABBATE, CLARK, GLICK, MAGEE, MARKEY,
  ROBINSON, SKARTADOS, WEINSTEIN  --  read  once  and  referred  to  the
  Committee  on  Governmental  Operations  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the executive law, in relation to Hurricane Sandy recov-
  ery  funds  oversight, and providing for the repeal of such provisions
  upon expiration thereof

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02500-03-5

              

A. 7261--A                          2

AND REBUILDING ACTIVITIES DEEMED BY THE DIVISION TO BE  ASSOCIATED  WITH
HURRICANE SANDY RECOVERY AND REBUILDING.
  2. (A) THE DIVISION, BY JANUARY THIRTY-FIRST, TWO THOUSAND SIXTEEN AND
BY  JANUARY  THIRTY-FIRST  OF EACH CALENDAR YEAR THEREAFTER, SHALL ISSUE
AND SUBMIT TO THE STATE LEGISLATURE AND TO THE GENERAL PUBLIC  A  REPORT
CONCERNING  THE  RECEIPT,  DISTRIBUTION, AND ADMINISTRATION OF HURRICANE
SANDY RECOVERY FUNDING FOR THE PREVIOUS CALENDAR YEAR.
  (B) THE REPORT REQUIRED PURSUANT TO  THIS  SUBDIVISION  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.
  3. (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-
ING. THE DIVISION SHALL MAKE AVAILABLE ON ITS WEBSITE THE ANNUAL  REPORT
ON HURRICANE SANDY RECOVERY FUNDING REQUIRED PURSUANT TO THIS SECTION.
  (B)  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.

A. 7261--A                          3

  4. THE WEBSITE AND REPORT 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, and shall expire and be
deemed repealed February 1, 2018.