Bill Text: NY S08181 | 2017-2018 | 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; and relates to the financing of the Lake Ontario-St. Lawrence River flood prevention, response and recovery program.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2018-05-07 - referred to governmental operations [S08181 Detail]
Download: New_York-2017-S08181-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8181 IN SENATE April 16, 2018 ___________ 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 21 caused at least in part by the rising levels of Lake Ontario or the St. 22 Lawrence River, or their adjoining waterways. 23 § 2. The military law is amended by adding a new article 5 to read as 24 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15271-02-8S. 8181 2 1 ARTICLE V 2 LAKE ONTARIO-ST. LAWRENCE RIVER FLOOD PREVENTION, RESPONSE 3 AND RECOVERY PROGRAM 4 Section 100. Lake Ontario-St. Lawrence River Flood Prevention, Response 5 and Recovery Program 6 § 100. Lake Ontario-St. Lawrence River Flood Prevention, Response and 7 Recovery Program. There is hereby established within the division, under 8 the command, control and direction of the adjutant general, a Lake 9 Ontario-St. Lawrence River Flood Prevention, Response and Recovery 10 Program. It shall be the purpose of this program to provide flood 11 prevention, response and recovery services to the persons, homeowners, 12 business owners, employees and localities of an impacted county, in the 13 event of flooding caused at least in part by the rising levels or Lake 14 Ontario or the St. Lawrence River, or their adjoining waterways. For 15 purposes of this section, the term "impacted county" shall mean Niagara 16 County, Orleans County, Monroe County, Wayne County, Cayuga County, 17 Onondaga County, Oswego County, Jefferson County, St. Lawrence County, 18 and/or Franklin County, if and when such county or counties have 19 sustained an impact due to flooding caused at least in part by the 20 rising levels of Lake Ontario or the St. Lawrence River, or their 21 adjoining waterways. 22 1. In accordance with a call by the governor pursuant to subdivision 23 three of section six of this chapter, the adjutant general shall respond 24 to a request for, and shall provide, flood prevention, response and 25 recovery services in any impacted county. Such services shall include: 26 a. Prevention services. The adjutant general shall direct the perform- 27 ance of any services that would assist in the prevention or mitigation 28 of the impact of flooding caused at least in part by the rising levels 29 of Lake Ontario or the St. Lawrence River, or their adjoining waterways. 30 Such services shall include, but not be limited to: 31 (i) Providing personnel, material and logistical support in deploying 32 measures to prevent or mitigate any effects of flooding, including but 33 not limited to, the procurement, filing and placement of sand bags; 34 procurement and deployment of flood booms; and the construction and 35 placement of levies, seawalls, flood barriers, water diversion channels, 36 or other emergency or permanent flood arresting, controlling or 37 protection measures; 38 (ii) The development, in consultation with the state department of 39 environmental conservation, the state division of homeland security and 40 emergency services, the division of state police, and all the local 41 governments of Niagara County, Orleans County, Monroe County, Wayne 42 County, Cayuga County, Onondaga County, Oswego County, Jefferson County, 43 St. Lawrence County, and Franklin County, of a Lake/River Flooding 44 Prevention Action Plan, that identifies potential flooding hazards and 45 conditions and makes recommendations concerning actions that will 46 prevent and/or mitigate such hazards and effectively execute such 47 prevention plan; and 48 (iii) Such other and further prevention services as the adjutant 49 general, in consultation with the local governments of Niagara, Orleans, 50 Monroe, Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and 51 Franklin Counties may deem necessary, effective, prudent and/or expedi- 52 ent to effectively accomplish the purposes of this program and provide 53 meaningful prevention services. 54 b. Response services. The adjutant general shall direct the perform- 55 ance of any services that would assist in the response to flooding 56 caused at least in part by the rising levels of Lake Ontario or the St.S. 8181 3 1 Lawrence River, or their adjoining waterways. Such services shall 2 include, but not be limited to: 3 (i) Providing personnel, material and logistical support in deploying 4 measures to immediately respond to any effects of flooding, including 5 but not limited to, the procurement, filing and placement of sand bags; 6 procurement and deployment of flood booms; the construction and place- 7 ment of levies, seawalls, flood barriers, water diversion channels, or 8 other emergency flood arresting or controlling measures; and the 9 provision of rescue, support and emergency relief services for those 10 persons in an impacted county whose home, business, life or property are 11 endangered by flooding; 12 (ii) The development, in consultation with the state department of 13 environmental conservation, the state division of homeland security and 14 emergency services, the division of state police, and all the local 15 governments of Niagara County, Orleans County, Monroe County, Wayne 16 County, Cayuga County, Onondaga County, Oswego County, Jefferson County, 17 St. Lawrence County, and Franklin County, of a Lake/River Flooding 18 Response Action Plan, that identifies potential required responses and 19 makes recommendations concerning action steps to effectively execute 20 such response plan; and 21 (iii) Such other and further response services as the adjutant gener- 22 al, in consultation with the local governments of Niagara, Orleans, 23 Monroe, Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and 24 Franklin Counties may deem necessary, effective, prudent and/or expedi- 25 ent to effectively accomplish the purposes of this program and provide 26 meaningful response services. 27 c. Recovery services. The adjutant general shall direct the perform- 28 ance of any services that would assist in the recovery from the impact 29 of flooding caused at least in part by the rising levels of Lake Ontario 30 or the St. Lawrence River, or their adjoining waterways. Such services 31 shall include, but not be limited to: 32 (i) Providing personnel, material and logistical support in deploying 33 measures to immediately assist persons, businesses and localities to 34 recover from any adverse effects of flooding, including but not limited 35 to, the construction or reconstruction of infrastructure, transportation 36 systems, levies, seawalls, flood barriers, water diversion channels, or 37 other flood arresting or controlling measures; and the provision of 38 recovery, support and relief services for those persons in an impacted 39 county whose home, business, life or property are endangered by flood- 40 ing, and the stabilization and mitigation of damage caused by such 41 flooding; 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 Recovery Action Plan, that identifies potential required recovery meas- 49 ures and makes recommendations concerning actions to effectively execute 50 such recovery plan; and 51 (iii) Such other and further recovery services as the adjutant gener- 52 al, in consultation with the local governments of Niagara, Orleans, 53 Monroe, Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and 54 Franklin Counties may deem necessary, effective, prudent and/or expedi- 55 ent to effectively accomplish the purposes of this program and provide 56 meaningful recovery services.S. 8181 4 1 2. In executing the provision of flood prevention, response and recov- 2 ery services under this program, the adjutant general may call upon 3 assistance from any department, agency, division, office, commission or 4 public authority in the state government, and shall further coordinate 5 such services with all local governments within the impacted county 6 receiving such services. The adjutant, in his discretion and judgment, 7 may also invite the participation of federal or out of state entities to 8 assist him in accomplishing the purposes of this program, including but 9 not limited to, the army corps of engineers, the United States depart- 10 ment of homeland security, the United States department of state, the 11 United States department of defense, or any of its component commands 12 thereof, and any such other federal or out of state entities as he or 13 she may deem necessary, effective, prudent and/or expedient. 14 3. The adjutant general may make requests for financing support for 15 any of the construction projects performed in accordance with the 16 program established by this section from the New York state urban devel- 17 opment corporation. The principal and interest for any bonds or notes 18 issued for such financing by the New York state urban development corpo- 19 ration shall be paid from the state operations special emergency appro- 20 priation through a transfer by the governor to the general, special 21 revenue, capital projects, proprietary or fiduciary funds to meet unan- 22 ticipated emergencies pursuant to section fifty-three of the state 23 finance law. 24 § 3. The military law is amended by adding a new section 212-a to read 25 as follows: 26 § 212-a. Pay of troops when used for the Lake Ontario-St. Lawrence 27 River Flood Prevention, Response and Recovery Program. All officers and 28 enlisted men while on duty, or assembled therefor, by order of the 29 governor, upon a request made in accordance with subdivision three of 30 section six of this chapter, shall receive the pay set forth in subdivi- 31 sion one of section two hundred ten of this article. One hundred percent 32 of such compensation and expenses incurred in connection with such duty 33 or as a result thereof including quartering, caring for, transporting 34 and subsisting the troops, and other expenses including the expense 35 incurred for pay, care, and subsistence of officers and enlisted men 36 temporarily disabled in the line of duty, while on such duty, as set 37 forth in section two hundred sixteen of this article, shall be paid by 38 the state. 39 § 4. Section 2 of section 1 of chapter 174 of the laws of 1968, 40 constituting the New York state urban development corporation act is 41 amended by adding a new fifth undesignated paragraph to read as follows: 42 It is further found and declared that there continues to exist an 43 ongoing and repeated threat of flooding and flood related damage along 44 the shoreline of Lake Ontario and the St. Lawrence River. This condition 45 is contrary to the public interest and threatens the safety, security, 46 health, welfare, well-being and repose of the people of the localities 47 adjoining the shoreline as well as the people of the entire state. The 48 ordinary operations of public and private funding, as well as the 49 support of private enterprise, has proven inadequate to provide suffi- 50 cient prevention against, response to and recovery from this flooding, 51 and cannot support and provide the infrastructure projects that are 52 necessary to achieve the level of prevention, response and recovery that 53 the state's residents deserve, need and expect, and that the state 54 requires. It is further declared to be the policy of the state to 55 provide a means and mechanism to support and provide the adequate 56 infrastructure that is necessary to achieve this level of prevention,S. 8181 5 1 response and recovery that the state's residents deserve, need and 2 expect, and that the state requires. 3 § 5. The opening paragraph of subdivision 6 of section 3 of section 1 4 of chapter 174 of the laws of 1968, constituting the New York state 5 urban development corporation act, as amended by chapter 603 of the laws 6 of 2003, is amended and a new paragraph (i) is added to read as follows: 7 PROJECT: A specific work or improvement including lands, buildings, 8 improvements, real and personal properties or any interest therein, 9 acquired, owned, constructed, reconstructed, rehabilitated or improved 10 by the corporation or any subsidiary thereof, whether or not still owned 11 or financed by the corporation or any subsidiary thereof, including a 12 residential project, an industrial project, a land use improvement 13 project, a civic project, an industrial effectiveness project, a small 14 and medium-sized business assistance project, a fruit growing, fruit 15 processing, or winery business project, a school safety infrastructure 16 project or an economic development project, all as defined herein, or 17 any combination thereof, which combination shall hereinafter be called 18 and known as a "multi-purpose project". The term "project" as used here- 19 in shall include projects, or any portion of a project. 20 (i) "flooding prevention, response and recovery infrastructure 21 project". A project or that portion of a multi-purpose project designed 22 and intended for the purpose of bolstering and improving infrastructure, 23 in order to provide sufficient prevention against, response to and 24 recovery from flooding events, or effects therefrom, and such other and 25 further infrastructure and facilities as may be incidental or appurten- 26 ant thereto. 27 § 6. The opening paragraph of section 18 of section 1 of chapter 174 28 of the laws of 1968, constituting the New York state urban development 29 corporation act, as amended by chapter 839 of the laws of 1987, is 30 amended to read as follows: 31 The corporation shall not issue bonds and notes in an aggregate prin- 32 cipal amount exceeding one billion two hundred ninety-five million 33 dollars, excluding (1) bonds and notes issued to refund or otherwise 34 repay outstanding bonds and notes of the corporation or of the New York 35 state project finance agency, (2) notes issued by the corporation to 36 evidence eligible loans made to the corporation pursuant to the New York 37 state project finance agency act, [and] (3) bonds and notes issued by 38 the corporation to perform a flooding prevention, response and recovery 39 infrastructure project in accordance with paragraph (i) of subdivision 40 (6) of section three of this act, and (4) bonds and notes issued with 41 the approval of the state director of the budget and the New York state 42 public authorities control board which are secured by and payable solely 43 out of a specific project, other than a residential project, undertaken 44 by the corporation subsequent to June first, nineteen hundred seventy- 45 seven, and the revenues and receipts derived therefrom, without recourse 46 against other assets of the corporation or against a debt service 47 reserve fund to which state funds are apportionable pursuant to subdivi- 48 sion three of section twenty of this act, provided that the corporation 49 shall not issue bonds or notes pursuant to this clause [(3)] if (a) (i) 50 the arrangements under which the project is undertaken do not provide 51 for annual real property taxes, or payments in lieu of real property 52 taxes, on the real property included in the project securing such bonds 53 or notes which together at least equal the average annual real property 54 taxes which were paid with respect to such real property for three years 55 prior to the acquisition of such project or any portion thereof by the 56 corporation or a subsidiary thereof, and (ii) after a public hearing,S. 8181 6 1 the local legislative body of the city, town or village in which such 2 project is to be located has not consented to such arrangements, 3 provided, however, that in a city having a population of one million or 4 more such consent shall be given by the board of estimate of such city, 5 or (b) the aggregate principal amount of any such bonds and notes is 6 less than twice the amount of any moneys appropriated by the state and 7 made available by the corporation to the project securing such bonds and 8 notes, or (c) the aggregate principal amount of the bonds and notes 9 issued pursuant to this clause [(3)] will thereby exceed three hundred 10 seventy-nine million dollars, excluding bonds and notes issued to refund 11 or otherwise repay outstanding bonds and notes issued pursuant to this 12 clause [(3)], provided, however, that the corporation may provide for a 13 pooled financing arrangement with regard to bonds issued for the 14 purposes of financing the construction of the Center for Computers, 15 Microelectronics and Telecommunications at Columbia University, the 16 Center for Science and Technology at Syracuse University, the Cornell 17 Super Computer Center at Cornell University, the Onondaga County Conven- 18 tion Center Complex, the Center for Advanced Materials Processing at 19 Clarkson University, the Center for Electro-Optic Imaging at University 20 of Rochester, the Center for Neural Science at New York University, the 21 Alfred University Incubator Facilities in Allegany County and Steuben 22 County, the Broadway Redevelopment Project, and the Sematech Semiconduc- 23 tor facility, and, that the aggregate amount of bonds which may be 24 issued pursuant to this clause [(3)] shall be increased above the 25 amounts in the following schedule for the purposes of providing for the 26 costs of issuance including any debt service reserve requirements that 27 may be necessary in accordance with the following schedule: 28 § 7. The state finance law is amended by adding a new article 17 to 29 read as follows: 30 ARTICLE 17 31 FINANCING OF SPECIAL INFRASTRUCTURE PROJECTS RELATED TO 32 FLOODING 33 Section 250. Infrastructure projects financed by the urban development 34 corporation in accordance with the Lake Ontario-St. 35 Lawrence River flood prevention, response and recovery 36 program. 37 § 250. Infrastructure projects financed by the urban development 38 corporation in accordance with the Lake Ontario-St. Lawrence River 39 flood prevention, response and recovery program. Principal and interest 40 debt service on bonds or notes issued by the urban development corpo- 41 ration in accordance with a flooding prevention, response and recovery 42 infrastructure project performed pursuant to with paragraph (i) of 43 subdivision six of section three of the New York state urban development 44 corporation act, shall be paid from the state operations special emer- 45 gency appropriation through a transfer by the governor to the general, 46 special revenue, capital projects, proprietary or fiduciary funds to 47 meet unanticipated emergencies pursuant to section fifty-three of this 48 chapter. 49 § 8. This act shall take effect immediately.
