Bill Text: NY S02604 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides that on request of the sheriff, county legislature, county board of supervisors, mayor of any city or village, or supervisor of a town, the governor may order into active service of the state, all or any part of the organized militia, in accordance with the Lake Ontario-St. Lawrence River flood prevention, response and recovery program; establishes such program; relates to the financing of the Lake Ontario-St. Lawrence River flood prevention, response and recovery program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S02604 Detail]
Download: New_York-2021-S02604-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2604 2021-2022 Regular Sessions IN SENATE January 22, 2021 ___________ Introduced by Sen. HELMING -- 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 military law, in relation to the Lake Ontario-St. Lawrence River flood prevention, response and recovery program; and to amend the New York state urban development corporation act and the state finance law, in relation to financing the Lake Ontario-St. Lawrence River flood prevention, response and recovery program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6 of the military law is amended by adding a new 2 subdivision 3 to read as follows: 3 3. Upon the request of the sheriff of an impacted county, or upon the 4 request of any county legislature or county board of supervisors in any 5 impacted county, or upon the request of a mayor of any city or village 6 in any impacted county, or upon the request of a supervisor of any town 7 in any impacted county, the governor may order into the active service 8 of the state, for such period, to such extent and in such manner as he 9 may deem necessary, all or any part of the organized militia, in accord- 10 ance with the provisions and purposes of the Lake Ontario-St. Lawrence 11 River Flood Prevention, Response and Recovery Program as set forth in 12 article five of this chapter. The compensation of all officers and 13 enlisted men, while on duty or assembled pursuant to this subdivision, 14 and all expenses incurred in connection with such duty or as a result 15 thereof shall be paid in the manner prescribed by section two hundred 16 twelve-a of this chapter. For purposes of this section, the term 17 "impacted county" shall mean Niagara County, Orleans County, Monroe 18 County, Wayne County, Cayuga County, Onondaga County, Oswego County, 19 Jefferson County, St. Lawrence County, and/or Franklin County, if and 20 when such county or counties have sustained an impact due to flooding EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04638-01-1S. 2604 2 1 caused at least in part by the rising levels of Lake Ontario or the St. 2 Lawrence River, or their adjoining waterways. 3 § 2. The military law is amended by adding a new article 5 to read as 4 follows: 5 ARTICLE V 6 LAKE ONTARIO-ST. LAWRENCE RIVER FLOOD PREVENTION, RESPONSE 7 AND RECOVERY PROGRAM 8 Section 100. Lake Ontario-St. Lawrence River Flood Prevention, Response 9 and Recovery Program 10 § 100. Lake Ontario-St. Lawrence River Flood Prevention, Response and 11 Recovery Program. There is hereby established within the division, under 12 the command, control and direction of the adjutant general, a Lake 13 Ontario-St. Lawrence River Flood Prevention, Response and Recovery 14 Program. It shall be the purpose of this program to provide flood 15 prevention, response and recovery services to the persons, homeowners, 16 business owners, employees and localities of an impacted county, in the 17 event of flooding caused at least in part by the rising levels or Lake 18 Ontario or the St. Lawrence River, or their adjoining waterways. For 19 purposes of this section, the term "impacted county" shall mean Niagara 20 County, Orleans County, Monroe County, Wayne County, Cayuga County, 21 Onondaga County, Oswego County, Jefferson County, St. Lawrence County, 22 and/or Franklin County, if and when such county or counties have 23 sustained an impact due to flooding caused at least in part by the 24 rising levels of Lake Ontario or the St. Lawrence River, or their 25 adjoining waterways. 26 1. In accordance with a call by the governor pursuant to subdivision 27 three of section six of this chapter, the adjutant general shall respond 28 to a request for, and shall provide, flood prevention, response and 29 recovery services in any impacted county. Such services shall include: 30 a. Prevention services. The adjutant general shall direct the perform- 31 ance of any services that would assist in the prevention or mitigation 32 of the impact of flooding caused at least in part by the rising levels 33 of Lake Ontario or the St. Lawrence River, or their adjoining waterways. 34 Such services shall include, but not be limited to: 35 (i) Providing personnel, material and logistical support in deploying 36 measures to prevent or mitigate any effects of flooding, including but 37 not limited to, the procurement, filing and placement of sand bags; 38 procurement and deployment of flood booms; and the construction and 39 placement of levies, seawalls, flood barriers, water diversion channels, 40 or other emergency or permanent flood arresting, controlling or 41 protection measures; 42 (ii) The development, in consultation with the state department of 43 environmental conservation, the state division of homeland security and 44 emergency services, the division of state police, and all the local 45 governments of Niagara County, Orleans County, Monroe County, Wayne 46 County, Cayuga County, Onondaga County, Oswego County, Jefferson County, 47 St. Lawrence County, and Franklin County, of a Lake/River Flooding 48 Prevention Action Plan, that identifies potential flooding hazards and 49 conditions and makes recommendations concerning actions that will 50 prevent and/or mitigate such hazards and effectively execute such 51 prevention plan; and 52 (iii) Such other and further prevention services as the adjutant 53 general, in consultation with the local governments of Niagara, Orleans, 54 Monroe, Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and 55 Franklin Counties may deem necessary, effective, prudent and/or expedi-S. 2604 3 1 ent to effectively accomplish the purposes of this program and provide 2 meaningful prevention services. 3 b. Response services. The adjutant general shall direct the perform- 4 ance of any services that would assist in the response to flooding 5 caused at least in part by the rising levels of Lake Ontario or the St. 6 Lawrence River, or their adjoining waterways. Such services shall 7 include, but not be limited to: 8 (i) Providing personnel, material and logistical support in deploying 9 measures to immediately respond to any effects of flooding, including 10 but not limited to, the procurement, filing and placement of sand bags; 11 procurement and deployment of flood booms; the construction and place- 12 ment of levies, seawalls, flood barriers, water diversion channels, or 13 other emergency flood arresting or controlling measures; and the 14 provision of rescue, support and emergency relief services for those 15 persons in an impacted county whose home, business, life or property are 16 endangered by flooding; 17 (ii) The development, in consultation with the state department of 18 environmental conservation, the state division of homeland security and 19 emergency services, the division of state police, and all the local 20 governments of Niagara County, Orleans County, Monroe County, Wayne 21 County, Cayuga County, Onondaga County, Oswego County, Jefferson County, 22 St. Lawrence County, and Franklin County, of a Lake/River Flooding 23 Response Action Plan, that identifies potential required responses and 24 makes recommendations concerning action steps to effectively execute 25 such response plan; and 26 (iii) Such other and further response services as the adjutant gener- 27 al, in consultation with the local governments of Niagara, Orleans, 28 Monroe, Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and 29 Franklin Counties may deem necessary, effective, prudent and/or expedi- 30 ent to effectively accomplish the purposes of this program and provide 31 meaningful response services. 32 c. Recovery services. The adjutant general shall direct the perform- 33 ance of any services that would assist in the recovery from the impact 34 of flooding caused at least in part by the rising levels of Lake Ontario 35 or the St. Lawrence River, or their adjoining waterways. Such services 36 shall include, but not be limited to: 37 (i) Providing personnel, material and logistical support in deploying 38 measures to immediately assist persons, businesses and localities to 39 recover from any adverse effects of flooding, including but not limited 40 to, the construction or reconstruction of infrastructure, transportation 41 systems, levies, seawalls, flood barriers, water diversion channels, or 42 other flood arresting or controlling measures; and the provision of 43 recovery, support and relief services for those persons in an impacted 44 county whose home, business, life or property are endangered by flood- 45 ing, and the stabilization and mitigation of damage caused by such 46 flooding; 47 (ii) The development, in consultation with the state department of 48 environmental conservation, the state division of homeland security and 49 emergency services, the division of state police, and all the local 50 governments of Niagara County, Orleans County, Monroe County, Wayne 51 County, Cayuga County, Onondaga County, Oswego County, Jefferson County, 52 St. Lawrence County, and Franklin County, of a Lake/River Flooding 53 Recovery Action Plan, that identifies potential required recovery meas- 54 ures and makes recommendations concerning actions to effectively execute 55 such recovery plan; andS. 2604 4 1 (iii) Such other and further recovery services as the adjutant gener- 2 al, in consultation with the local governments of Niagara, Orleans, 3 Monroe, Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and 4 Franklin Counties may deem necessary, effective, prudent and/or expedi- 5 ent to effectively accomplish the purposes of this program and provide 6 meaningful recovery services. 7 2. In executing the provision of flood prevention, response and recov- 8 ery services under this program, the adjutant general may call upon 9 assistance from any department, agency, division, office, commission or 10 public authority in the state government, and shall further coordinate 11 such services with all local governments within the impacted county 12 receiving such services. The adjutant, in his discretion and judgment, 13 may also invite the participation of federal or out of state entities to 14 assist him in accomplishing the purposes of this program, including but 15 not limited to, the army corps of engineers, the United States depart- 16 ment of homeland security, the United States department of state, the 17 United States department of defense, or any of its component commands 18 thereof, and any such other federal or out of state entities as he or 19 she may deem necessary, effective, prudent and/or expedient. 20 3. The adjutant general may make requests for financing support for 21 any of the construction projects performed in accordance with the 22 program established by this section from the New York state urban devel- 23 opment corporation. The principal and interest for any bonds or notes 24 issued for such financing by the New York state urban development corpo- 25 ration shall be paid from the state operations special emergency appro- 26 priation through a transfer by the governor to the general, special 27 revenue, capital projects, proprietary or fiduciary funds to meet unan- 28 ticipated emergencies pursuant to section fifty-three of the state 29 finance law. 30 § 3. The military law is amended by adding a new section 212-a to read 31 as follows: 32 § 212-a. Pay of troops when used for the Lake Ontario-St. Lawrence 33 River Flood Prevention, Response and Recovery Program. All officers and 34 enlisted men while on duty, or assembled therefor, by order of the 35 governor, upon a request made in accordance with subdivision three of 36 section six of this chapter, shall receive the pay set forth in subdivi- 37 sion one of section two hundred ten of this article. One hundred percent 38 of such compensation and expenses incurred in connection with such duty 39 or as a result thereof including quartering, caring for, transporting 40 and subsisting the troops, and other expenses including the expense 41 incurred for pay, care, and subsistence of officers and enlisted men 42 temporarily disabled in the line of duty, while on such duty, as set 43 forth in section two hundred sixteen of this article, shall be paid by 44 the state. 45 § 4. Section 2 of section 1 of chapter 174 of the laws of 1968, 46 constituting the New York state urban development corporation act is 47 amended by adding a new fifth undesignated paragraph to read as follows: 48 It is further found and declared that there continues to exist an 49 ongoing and repeated threat of flooding and flood related damage along 50 the shoreline of Lake Ontario and the St. Lawrence River. This condition 51 is contrary to the public interest and threatens the safety, security, 52 health, welfare, well-being and repose of the people of the localities 53 adjoining the shoreline as well as the people of the entire state. The 54 ordinary operations of public and private funding, as well as the 55 support of private enterprise, has proven inadequate to provide suffi- 56 cient prevention against, response to and recovery from this flooding,S. 2604 5 1 and cannot support and provide the infrastructure projects that are 2 necessary to achieve the level of prevention, response and recovery that 3 the state's residents deserve, need and expect, and that the state 4 requires. It is further declared to be the policy of the state to 5 provide a means and mechanism to support and provide the adequate 6 infrastructure that is necessary to achieve this level of prevention, 7 response and recovery that the state's residents deserve, need and 8 expect, and that the state requires. 9 § 5. The opening paragraph of subdivision 6 of section 3 of section 1 10 of chapter 174 of the laws of 1968, constituting the New York state 11 urban development corporation act, as amended by chapter 603 of the laws 12 of 2003, is amended and a new paragraph (i) is added to read as follows: 13 PROJECT: A specific work or improvement including lands, buildings, 14 improvements, real and personal properties or any interest therein, 15 acquired, owned, constructed, reconstructed, rehabilitated or improved 16 by the corporation or any subsidiary thereof, whether or not still owned 17 or financed by the corporation or any subsidiary thereof, including a 18 residential project, an industrial project, a land use improvement 19 project, a civic project, an industrial effectiveness project, a small 20 and medium-sized business assistance project, a fruit growing, fruit 21 processing, or winery business project, a school safety infrastructure 22 project or an economic development project, all as defined herein, or 23 any combination thereof, which combination shall hereinafter be called 24 and known as a "multi-purpose project". The term "project" as used here- 25 in shall include projects, or any portion of a project. 26 (i) "flooding prevention, response and recovery infrastructure 27 project". A project or that portion of a multi-purpose project designed 28 and intended for the purpose of bolstering and improving infrastructure, 29 in order to provide sufficient prevention against, response to and 30 recovery from flooding events, or effects therefrom, and such other and 31 further infrastructure and facilities as may be incidental or appurten- 32 ant thereto. 33 § 6. The opening paragraph of section 18 of section 1 of chapter 174 34 of the laws of 1968, constituting the New York state urban development 35 corporation act, as amended by chapter 839 of the laws of 1987, is 36 amended to read as follows: 37 The corporation shall not issue bonds and notes in an aggregate prin- 38 cipal amount exceeding one billion two hundred ninety-five million 39 dollars, excluding (1) bonds and notes issued to refund or otherwise 40 repay outstanding bonds and notes of the corporation or of the New York 41 state project finance agency, (2) notes issued by the corporation to 42 evidence eligible loans made to the corporation pursuant to the New York 43 state project finance agency act, [and] (3) bonds and notes issued by 44 the corporation to perform a flooding prevention, response and recovery 45 infrastructure project in accordance with paragraph (i) of subdivision 46 (6) of section three of this act, and (4) bonds and notes issued with 47 the approval of the state director of the budget and the New York state 48 public authorities control board which are secured by and payable solely 49 out of a specific project, other than a residential project, undertaken 50 by the corporation subsequent to June first, nineteen hundred seventy- 51 seven, and the revenues and receipts derived therefrom, without recourse 52 against other assets of the corporation or against a debt service 53 reserve fund to which state funds are apportionable pursuant to subdivi- 54 sion three of section twenty of this act, provided that the corporation 55 shall not issue bonds or notes pursuant to this clause [(3)] if (a) (i) 56 the arrangements under which the project is undertaken do not provideS. 2604 6 1 for annual real property taxes, or payments in lieu of real property 2 taxes, on the real property included in the project securing such bonds 3 or notes which together at least equal the average annual real property 4 taxes which were paid with respect to such real property for three years 5 prior to the acquisition of such project or any portion thereof by the 6 corporation or a subsidiary thereof, and (ii) after a public hearing, 7 the local legislative body of the city, town or village in which such 8 project is to be located has not consented to such arrangements, 9 provided, however, that in a city having a population of one million or 10 more such consent shall be given by the board of estimate of such city, 11 or (b) the aggregate principal amount of any such bonds and notes is 12 less than twice the amount of any moneys appropriated by the state and 13 made available by the corporation to the project securing such bonds and 14 notes, or (c) the aggregate principal amount of the bonds and notes 15 issued pursuant to this clause [(3)] will thereby exceed three hundred 16 seventy-nine million dollars, excluding bonds and notes issued to refund 17 or otherwise repay outstanding bonds and notes issued pursuant to this 18 clause [(3)], provided, however, that the corporation may provide for a 19 pooled financing arrangement with regard to bonds issued for the 20 purposes of financing the construction of the Center for Computers, 21 Microelectronics and Telecommunications at Columbia University, the 22 Center for Science and Technology at Syracuse University, the Cornell 23 Super Computer Center at Cornell University, the Onondaga County Conven- 24 tion Center Complex, the Center for Advanced Materials Processing at 25 Clarkson University, the Center for Electro-Optic Imaging at University 26 of Rochester, the Center for Neural Science at New York University, the 27 Alfred University Incubator Facilities in Allegany County and Steuben 28 County, the Broadway Redevelopment Project, and the Sematech Semiconduc- 29 tor facility, and, that the aggregate amount of bonds which may be 30 issued pursuant to this clause [(3)] shall be increased above the 31 amounts in the following schedule for the purposes of providing for the 32 costs of issuance including any debt service reserve requirements that 33 may be necessary in accordance with the following schedule: 34 § 7. The state finance law is amended by adding a new article 17 to 35 read as follows: 36 ARTICLE 17 37 FINANCING OF SPECIAL INFRASTRUCTURE PROJECTS RELATED TO 38 FLOODING 39 Section 250. Infrastructure projects financed by the urban development 40 corporation in accordance with the Lake Ontario-St. 41 Lawrence River flood prevention, response and recovery 42 program. 43 § 250. Infrastructure projects financed by the urban development 44 corporation in accordance with the Lake Ontario-St. Lawrence River 45 flood prevention, response and recovery program. Principal and interest 46 debt service on bonds or notes issued by the urban development corpo- 47 ration in accordance with a flooding prevention, response and recovery 48 infrastructure project performed pursuant to with paragraph (i) of 49 subdivision six of section three of the New York state urban development 50 corporation act, shall be paid from the state operations special emer- 51 gency appropriation through a transfer by the governor to the general, 52 special revenue, capital projects, proprietary or fiduciary funds to 53 meet unanticipated emergencies pursuant to section fifty-three of this 54 chapter. 55 § 8. This act shall take effect immediately.
