Bill Text: NY A07352 | 2015-2016 | General Assembly | Amended

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Bill Title: Establishes the disaster-related latent damage recovery grant program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A07352 Detail]

Download: New_York-2015-A07352-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           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:
    1    Section 1. The executive law is amended by adding a new section 719 to
    2  read as follows:
    3    S  719.  DISASTER-RELATED  LATENT  DAMAGE  RECOVERY  GRANT PROGRAM. 1.
    4  THERE IS HEREBY ESTABLISHED THE DISASTER-RELATED LATENT DAMAGE  RECOVERY
    5  GRANT  PROGRAM  TO  BE ADMINISTERED BY THE DIVISION OF HOMELAND SECURITY
    6  AND EMERGENCY SERVICES.
    7    2. PROJECTS ELIGIBLE FOR PROGRAM GRANTS SHALL BE LIMITED  TO  PROJECTS
    8  TO   REPAIR   LATENT   DAMAGE   TO   PUBLIC   INFRASTRUCTURE,  INCLUDING
    9  PUBLICLY-OWNED ROADS, BRIDGES, DRAINAGE AND  FLOOD  MITIGATION  SYSTEMS,
   10  ELECTRICAL  AND  MECHANICAL  SYSTEMS  AND COMMUNICATION SYSTEMS, AND ANY
   11  ANCILLARY INFRASTRUCTURE NECESSARY FOR THE SAFE OPERATION OF THE  COMPO-
   12  NENTS  THEREOF,  WHERE  SUCH DAMAGE WAS THE RESULT OF A NATURAL DISASTER
   13  FOR WHICH THE GOVERNOR OF THE STATE OF NEW YORK MADE A DECLARATION OF  A
   14  STATE  OF EMERGENCY. FOR PURPOSES OF THIS SECTION, "LATENT DAMAGE" SHALL
   15  BE DEFINED AS DAMAGE THAT WAS NOT REASONABLY APPARENT DURING ANY INITIAL
   16  DAMAGE ASSESSMENTS.  IN NO EVENT SHALL GRANTS BE AWARDED FOR, NOR  SHALL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10201-03-5
       S. 5182--A                          2                         A. 7352--A
    1  GRANT MONEY BE USED FOR, INFRASTRUCTURE REPAIRS THAT ARE REQUIRED DUE TO
    2  NORMAL USE AND WEAR AND TEAR.
    3    3.  THE  DIRECTOR  OF  THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
    4  SERVICES SHALL ESTABLISH PROCEDURES FOR  RECEIPT  OF  APPLICATIONS  FROM
    5  MUNICIPALITIES AND FOR THE ISSUANCE OF GRANTS AUTHORIZED BY THIS SECTION
    6  WITHIN  AVAILABLE APPROPRIATIONS.   APPLICATION FOR SUCH GRANTS SHALL BE
    7  SUBMITTED NO MORE THAN SEVEN YEARS, BUT NO LESS THAN ONE YEAR, AFTER THE
    8  GOVERNOR'S DECLARATION OF THE STATE OF EMERGENCY THAT RENDERS A  MUNICI-
    9  PALITY ELIGIBLE FOR GRANTS AUTHORIZED BY THIS SECTION. IN NO EVENT SHALL
   10  GRANTS  EXCEED  TEN  PERCENT OF THE SUM OF ANY STATE OR FEDERAL DISASTER
   11  ASSISTANCE MONIES GRANTED TO A MUNICIPALITY AS A  RESULT  OF  A  NATURAL
   12  DISASTER  THAT WERE AWARDED PRIOR TO AN APPLICATION FOR A GRANT STEMMING
   13  FROM THE SAME NATURAL DISASTER. IN NO EVENT SHALL A MUNICIPALITY RECEIVE
   14  A GRANT IN EXCESS OF TEN MILLION DOLLARS IN A GIVEN CALENDAR YEAR.
   15    4. FUNDING FOR SUCH PROGRAM SHALL  CONSIST  OF  ALL  REVENUE  RECEIVED
   16  PURSUANT TO AN APPROPRIATION THERETO, AND ALL OTHER MONIES APPROPRIATED,
   17  CREDITED  OR  TRANSFERRED FROM ANY OTHER SOURCE PURSUANT TO LAW. NOTHING
   18  IN THIS SECTION SHALL BE DEEMED TO  PREVENT  THE  STATE  FROM  RECEIVING
   19  GRANTS,  GIFTS  OR BEQUESTS FOR THE PURPOSE OF THE PROGRAM. GRANTS SHALL
   20  ONLY BE AWARDED BASED UPON THE AVAILABILITY OF FUNDS.
   21    S 2. This act shall take effect on April 1, 2016;  provided,  however,
   22  that effective immediately, the addition, amendment and/or repeal of any
   23  rule  or  regulation necessary for the implementation of this act on its
   24  effective date is authorized and directed to be made and completed on or
   25  before such effective date.