Enacts the "whole communities recovery act of 2012"
download bill text pdf| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 29, 2012 |
referred to housing |
Enacts the "whole communities recovery act of 2012"; establishes the New York state emergency assistance relief revolving loan program and a fund therefor; establishes the New York state emergency housing assistance grant program within the division of homeland security and emergency services; establishes the New York state business assistance reconstruction and employee retention program and a fund therefor
S T A T E O F N E W Y O R K
________________________________________________________________________
10492
I N A S S E M B L Y
May 29, 2012
___________
Introduced by M. of A. P. LOPEZ -- read once and referred to the Commit-
tee on Housing
AN ACT to enact the "whole communities recovery act of 2012"; to amend
the private housing finance law, in relation to establishing the New
York state emergency housing assistance revolving loan program and the
New York state emergency housing assistance revolving loan fund; to
amend the executive law, in relation to establishing the New York
State emergency housing assistance grant program within the division
of homeland security and emergency services (Part A); to amend the New
York state urban development corporation act, in relation to estab-
lishing the New York state business assistance reconstruction and
employee retention program and the New York state business assistance
reconstruction and employee retention revolving loan fund; to amend
the economic development law, in relation to establishing the New York
state business assistance reconstruction and employee retention grant
program (Part B); to amend the New York state urban development corpo-
ration act, in relation to establishing the New York state production
agricultural assistance reconstruction loan program and the New York
state production agricultural assistance reconstruction revolving loan
fund; to amend the agriculture and markets law, in relation to estab-
lishing the New York state production agricultural assistance grant
program (Part C); to amend the public authorities law, in relation to
directing the dormitory authority to establish the New York state
municipal and school district stop gap program, the New York state
municipal and school district stop gap revolving loan fund and the New
York state municipal and school district stop gap grant program (Part
D); to amend the private housing finance law, in relation to estab-
lishing the New York state tax assistance revolving loan fund program
(Part E); to amend the real property tax law, in relation to requiring
the reassessment of real property damaged or destroyed as the result
of a natural disaster; to amend the tax law, in relation to establish-
ing business franchise and personal income tax credits for additional
real property taxes paid after the value of the property is diminished
as the result of a natural disaster (Part F); to amend the workers'
compensation law and the general municipal law, in relation to munici-
pal insurance coverage of members of community emergency response
teams (Part G); to amend the executive law, in relation to suspension
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13857-04-2
A. 10492 2
of executive orders, rules and regulations after a natural disaster;
to amend the labor law, in relation to suspension of public work
restrictions after a natural disaster; to amend the state finance law
and the general municipal law, in relation to suspension of separate
specifications for public work after a natural disaster (Part H); and
to amend the real property tax law, in relation to establishing a
disaster property tax recovery grant program (Part I)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "whole communities recovery act of 2012".
S 2. Legislative intent. The legislature hereby recognizes the
profound and often long-term impacts that natural disasters have on the
health and well being of the citizens of this state, and that the histo-
ry of state involvement has clearly demonstrated the ability of our
communities to recover from natural disasters is heavily reliant on the
availability of resources outside the impacted communities to assist
businesses, farms, local governments, school districts, residents and
others in rebuilding their lives and property to ensure their stability
and future growth.
While the state has proven itself able to provide strong initial
response in the wake of natural disasters, its ability to help communi-
ties through the fragile process of disaster recovery has been limited
and subject to ad hoc decision-making, further complicated by limited
ability to reprogram state and federal moneys to effectively meet
infrastructure, housing and economic development demands associated with
a full and prompt recovery of the affected areas of the state.
This act is intended to provide a consistent and predictable framework
for helping New Yorkers rebuild in the aftermath of future disasters.
S 3. This act enacts into law major components of legislation neces-
sary for providing assistance to homeowners, businesses, farmers, muni-
cipalities, school districts and community emergency response teams for
expenses incurred as the result of a disaster declared by the governor.
Each component is wholly contained within a Part identified as Parts A
through I. The effective date for each particular provision contained
within such Part is set forth is the last section of such Part. Any
provision in any section contained within a Part, including the effec-
tive date of the Part, which makes a reference to a section "of this
act", when used in connection with that particular component, shall be
deemed to mean and refer to the corresponding section of the Part in
which it is found. Section five of this act sets forth the general
effective date of this act.
PART A
Section 1. The private housing finance law is amended by adding two
new sections 47-f and 59-j to read as follows:
S 47-F. NEW YORK STATE EMERGENCY HOUSING ASSISTANCE REVOLVING LOAN
PROGRAM. 1. THE AGENCY SHALL ESTABLISH, ADMINISTER AND OPERATE A NEW
YORK STATE EMERGENCY HOUSING ASSISTANCE REVOLVING LOAN PROGRAM. SUCH
PROGRAM SHALL PROVIDE FOR THE ISSUANCE OF INTEREST FREE LOANS TO HOME-
OWNERS FOR REHABILITATING THEIR PRIMARY RESIDENCES WHICH WERE DAMAGED OR
DESTROYED AS THE RESULT OF A DISASTER DECLARED BY THE GOVERNOR IN THE
A. 10492 3
COUNTY IN WHICH THE RESIDENCE IS LOCATED. THE PROCEEDS OF SUCH LOANS MAY
BE USED TO REFINANCE ANY DEBT AGAINST THE REAL PROPERTY CONSTITUTING THE
PRIMARY RESIDENCE OF THE HOMEOWNER WHEN SUCH DEBT IS SECURED BY A LIEN
OR MORTGAGE AGAINST THE PROPERTY. LOANS SHALL BE PROVIDED TO APPLICANTS
AS FOLLOWS:
(A) TIER 1 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
TO EXCEED FORTY THOUSAND DOLLARS FOR THE REPAIR OR REPLACEMENT OF CLOTH-
ING, FURNITURE, AUTOMOBILES AND/OR APPLIANCES DAMAGED OR DESTROYED UPON
THE PREMISES OF THE APPLICANT'S PRIMARY RESIDENCE DURING THE COURSE OF
THE DECLARED DISASTER; AND IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOU-
SAND DOLLARS FOR THE REPAIR OF THE APPLICANT'S PRIMARY RESIDENCE TO THE
CONDITION IT WAS IN IMMEDIATELY PRIOR TO THE ONSET OF THE DECLARED
DISASTER. NO LOAN ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE USED TO
UPGRADE OR EXPAND ANY PRIMARY RESIDENCE, UNLESS SUCH UPGRADE IS NECES-
SARY FOR COMPLIANCE WITH THE STATE OR MUNICIPAL BUILDING CODES; OR
(B) TIER 2 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
TO EXCEED FORTY THOUSAND DOLLARS FOR THE REPAIR OR REPLACEMENT OF CLOTH-
ING, FURNITURE, AUTOMOBILES AND/OR APPLIANCES DAMAGED OR DESTROYED UPON
THE PREMISES OF THE APPLICANT'S PRIMARY RESIDENCE DURING THE COURSE OF
THE DECLARED DISASTER; AND IN AN AMOUNT NOT TO EXCEED THREE HUNDRED
THOUSAND DOLLARS FOR THE REPAIR OR REPLACEMENT OF THE APPLICANT'S PRIMA-
RY RESIDENCE TO THE CONDITION IT WAS IN IMMEDIATELY PRIOR TO THE ONSET
OF THE DECLARED DISASTER, AND SHALL INCLUDE SUCH DISASTER MITIGATION
IMPROVEMENTS TO THE APPLICANT'S REAL PROPERTY AS SHALL BE DETERMINED BY
THE AGENCY TO BE NECESSARY TO ELIMINATE OR LESSEN THE EFFECTS OF FUTURE
SIMILAR DISASTERS; OR
(C) TIER 3 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
TO EXCEED FORTY THOUSAND DOLLARS FOR THE REPAIR OR REPLACEMENT OF CLOTH-
ING, FURNITURE, AUTOMOBILES AND/OR APPLIANCES DAMAGED OR DESTROYED UPON
THE PREMISES OF THE APPLICANTS' PRIMARY RESIDENCE DURING THE COURSE OF
THE DECLARED DISASTER; AND IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOU-
SAND DOLLARS FOR RELOCATION AND CONSTRUCTION OF A PRIMARY RESIDENCE OF
THE SAME SIZE AND TYPE AS THE PRIMARY RESIDENCE DESTROYED BY THE
DECLARED DISASTER, AND LOCATED WITHIN THE SAME VILLAGE, TOWN OR CITY AS
THE DESTROYED RESIDENCE, BUT OUTSIDE OF ANY AREAS MOST PRONE TO REOCCUR-
RENCE OF DISASTER DAMAGE AS DETERMINED BY THE AGENCY, AND SUCH NEWLY
CONSTRUCTED PRIMARY RESIDENCE SHALL INCLUDE SUCH DISASTER MITIGATION
FEATURES AS SHALL BE DETERMINED BY THE AGENCY TO BE NECESSARY TO ELIMI-
NATE OR LESSEN THE EFFECTS OF FUTURE SIMILAR DISASTERS.
2. AS A CONDITION OF THE ISSUANCE OF ANY LOAN PURSUANT TO THIS
SECTION, THE AGENCY MAY REQUIRE THE INCLUSION IN ANY CONTRACT OR AGREE-
MENT OF ANY CONDITIONS AS IT MAY DEEM TO BE DESIRABLE AND/OR APPROPRIATE
AND DO ALL THINGS NECESSARY FOR THE EXECUTION OF ANY INSTRUMENT RELATING
TO OR DESIRABLE FOR THE PROVISION OF SUCH LOAN. FURTHERMORE, THE AGENCY
MAY IMPOSE UPON EACH APPLICANT ANY SUCH FEES AND CHARGES AS SHALL BE
NECESSARY FOR THE ISSUANCE OF NOTES AND BONDS BY THE AGENCY FOR THE
PURPOSE OF RAISING REVENUE FOR THE PURPOSE OF PROVIDING LOANS PURSUANT
TO THIS SECTION.
3. A HOMEOWNER SEEKING A LOAN PURSUANT TO THIS SECTION SHALL SUBMIT AN
APPLICATION TO THE AGENCY IN SUCH FORM AND WITH SUCH CONTENT AS THE
CHAIRMAN OF THE AGENCY SHALL DETERMINE. ANY APPLICATION MAY BE DENIED
UPON ANY SUCH GROUNDS AS THE AGENCY SHALL DETERMINE TO BE NECESSARY.
4. THE AGENCY, IN CONSULTATION WITH THE COMMISSIONER OF HOUSING AND
COMMUNITY RENEWAL, SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
A. 10492 4
S 59-J. NEW YORK STATE EMERGENCY HOUSING ASSISTANCE REVOLVING LOAN
FUND. 1. THE AGENCY SHALL ESTABLISH A SPECIAL FUND TO BE KNOWN AS THE
"NEW YORK STATE EMERGENCY HOUSING ASSISTANCE REVOLVING LOAN FUND", AND
SHALL PAY INTO SUCH FUND ANY MONEYS WHICH SHALL BE MADE AVAILABLE TO THE
AGENCY FOR THE PURPOSES OF SUCH FUND FROM ANY SOURCE INCLUDING, BUT NOT
LIMITED TO, MONEYS APPROPRIATED BY AND MADE AVAILABLE PURSUANT TO APPRO-
PRIATION BY THE STATE AND ANY INCOME OR INTEREST EARNED BY OR INCREMENT
TO THE FUND DUE TO INVESTMENT THEREOF.
2. THE MONEYS HELD IN OR CREDITED TO THE NEW YORK STATE EMERGENCY
HOUSING ASSISTANCE REVOLVING LOAN FUND SHALL BE EXPENDED SOLELY TO
IMPLEMENT THE PROVISIONS OF SECTION FORTY-SEVEN-F OF THIS ARTICLE.
3. SUCH MONEYS SHALL BE PAYABLE AT THE DIRECTION OF THE CHAIRMAN OF
THE AGENCY, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET AND THE
COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL.
4. ALL BONDS AND NOTES ISSUED TO PROVIDE MONEYS TO THE NEW YORK STATE
EMERGENCY HOUSING ASSISTANCE REVOLVING LOAN FUND SHALL BE SPECIAL LIMIT-
ED OBLIGATIONS OF THE AGENCY REPAYABLE SOLELY FROM REVENUE DERIVED FROM
THE REPAYMENT OF LOANS ISSUED PURSUANT TO SECTION FORTY-SEVEN-F OF THIS
ARTICLE. ALL ASSETS AND LIABILITIES CREATED THROUGH THE ISSUANCE OF
BONDS AND NOTES PURSUANT TO THIS SECTION SHALL BE KEPT SEPARATE FROM ALL
OTHER ASSETS AND LIABILITIES OF THE AGENCY.
S 2. The executive law is amended by adding a new section 718 to read
as follows:
S 718. NEW YORK STATE EMERGENCY HOUSING ASSISTANCE GRANT PROGRAM. 1.
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES MAY PROVIDE
GRANTS FOR DISASTER RELATED, NECESSARY EXPENSES OR SERIOUS NEEDS OF
INDIVIDUALS AND HOUSEHOLDS ADVERSELY AFFECTED BY A DISASTER DECLARED BY
THE GOVERNOR, IN THOSE INSTANCES IN WHICH SUCH INDIVIDUALS AND HOUSE-
HOLDS ARE UNABLE TO MEET SUCH EXPENSES AND NEEDS THROUGH FEDERAL ASSIST-
ANCE PURSUANT TO SECTION 408 OF THE ROBERT T. STAFFORD DISASTER RELIEF
AND EMERGENCY ASSISTANCE ACT (P.L. 93-288, AS AMENDED (42 U.S.C. S
5174)) OR FROM OTHER SOURCES.
2. THE DIVISION SHALL ONLY PROVIDE GRANTS TO INDIVIDUALS AND HOUSE-
HOLDS DETERMINED TO BE ELIGIBLE FOR FEDERAL ASSISTANCE TO INDIVIDUALS
AND HOUSEHOLDS PURSUANT TO SECTION 5174 OF TITLE 42 OF THE UNITED STATES
CODE, AND WHO HAVE UNMET SERIOUS NEEDS AND HAVE SUFFERED LOSSES REIM-
BURSABLE PURSUANT TO SUCH FEDERAL ASSISTANCE IN EXCESS OF THE MAXIMUM
FEDERAL GRANT AMOUNT.
3. THE DIVISION MAY AWARD GRANTS TO INDIVIDUALS AND HOUSEHOLDS EQUAL
TO THE DIFFERENCE BETWEEN THE FEDERAL ASSISTANCE PROVIDED TO THE INDI-
VIDUAL OR HOUSEHOLD AND THE INDIVIDUAL'S OR HOUSEHOLD'S FEDERALLY
ELIGIBLE APPRAISED LOSS. PROVIDED THAT NO GRANT TO AN INDIVIDUAL OR
HOUSEHOLD AWARDED BY THE DIVISION PURSUANT TO THIS SECTION SHALL EXCEED
TEN THOUSAND DOLLARS; UNLESS THE GRANTEE USES SUCH GRANT TO COMPLETE
MITIGATION IMPROVEMENT TO PREVENT FUTURE DISASTER DAMAGES, IN WHICH CASE
SUCH GRANT SHALL NOT EXCEED THIRTY THOUSAND DOLLARS.
4. APPLICATIONS FOR GRANTS PURSUANT TO THIS SECTION SHALL CONFORM TO
THE PROCEDURES ESTABLISHED IN THE ROBERT T. STAFFORD DISASTER RELIEF AND
EMERGENCY ASSISTANCE ACT (P.L. 93-288, AS AMENDED). THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES SHALL ENSURE THAT APPLICANTS
FOR GRANTS PURSUANT TO THIS SECTION HAVE EXHAUSTED ALL OTHER AVAILABLE
MEANS OF SEEKING RELIEF AND ASSISTANCE FOR DISASTER DAMAGE PRIOR TO THE
AWARD OF ANY GRANT PURSUANT TO THIS SECTION.
S 3. This act shall take effect immediately, provided, however, the
New York State housing finance agency shall not be required to establish
the revolving loan fund pursuant to this part unless and until the
A. 10492 5
governor has declared a disaster or state of emergency in a county. Upon
such declaration by the governor, the agency shall have no more than 10
days to establish and commence the operation of such program in the
county in which the disaster has been declared.
PART B
Section 1. Section 1 of chapter 174 of the laws of 1968, constituting
the New York state urban development corporation act, is amended by
adding two new sections 16-v and 16-w to read as follows:
S 16-V. NEW YORK STATE BUSINESS ASSISTANCE RECONSTRUCTION AND EMPLOYEE
RETENTION PROGRAM. 1. THE CORPORATION SHALL ESTABLISH, ADMINISTER AND
OPERATE A NEW YORK STATE BUSINESS ASSISTANCE RECONSTRUCTION AND EMPLOYEE
RETENTION PROGRAM. SUCH PROGRAM SHALL PROVIDE FOR THE ISSUANCE OF INTER-
EST FREE LOANS TO BUSINESSES AND NOT-FOR-PROFIT CORPORATIONS FOR REHA-
BILITATING BUSINESS PROPERTY WHICH WAS DAMAGED OR DESTROYED AS THE
RESULT OF A DISASTER DECLARED BY THE GOVERNOR IN THE COUNTY IN WHICH THE
BUSINESS PROPERTY IS LOCATED. LOANS SHALL BE PROVIDED TO APPLICANTS AS
FOLLOWS:
(A) TIER 1 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
TO EXCEED ONE MILLION DOLLARS FOR THE REPAIR AND REPLACEMENT OF THE
BUSINESS PROPERTY TO THE CONDITION IT WAS IN IMMEDIATELY PRIOR TO THE
ONSET OF THE DECLARED DISASTER. BUSINESS PROPERTY SHALL INCLUDE REAL
PROPERTY, MACHINERY, EQUIPMENT, FIXTURES, INVENTORY AND LEASEHOLD
IMPROVEMENTS; OR
(B) TIER 2 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
TO EXCEED ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FOR THE REPAIR AND
REPLACEMENT OF THE BUSINESS PROPERTY TO THE CONDITION IT WAS IN IMME-
DIATELY PRIOR TO THE ONSET OF THE DECLARED DISASTER, AND SHALL INCLUDE
SUCH DISASTER MITIGATION IMPROVEMENTS TO THE APPLICANT'S BUSINESS PROP-
ERTY AS SHALL BE DETERMINED BY THE CORPORATION TO BE NECESSARY TO ELIMI-
NATE OR LESSEN THE EFFECTS OF FUTURE SIMILAR DISASTERS. BUSINESS PROPER-
TY SHALL INCLUDE REAL PROPERTY, MACHINERY, EQUIPMENT, FIXTURES,
INVENTORY AND LEASEHOLD IMPROVEMENTS; OR
(C) TIER 3 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
TO EXCEED TWO MILLION DOLLARS FOR THE RELOCATION AND CONSTRUCTION OF THE
BUSINESS PROPERTY OF THE SAME SIZE AND TYPE AS THE BUSINESS PROPERTY
DESTROYED BY THE DECLARED DISASTER AND LOCATED WITHIN THE SAME VILLAGE,
TOWN OR CITY AS THE DESTROYED BUSINESS PROPERTY, BUT OUTSIDE OF ANY
AREAS MOST PRONE TO REOCCURRENCE OF DISASTER DAMAGE AS DETERMINED BY THE
CORPORATION, AND SUCH NEWLY CONSTRUCTED BUSINESS PROPERTY SHALL INCLUDE
SUCH DISASTER MITIGATION FEATURES AS SHALL BE DETERMINED BY THE CORPO-
RATION TO BE NECESSARY TO ELIMINATE OR LESSEN THE EFFECTS OF FUTURE
SIMILAR DISASTERS. MONEYS PROVIDED PURSUANT TO THIS PARAGRAPH SHALL BE
USED FOR NEW CONSTRUCTION UPON REAL PROPERTY, AND FOR REPAIR AND
REPLACEMENT OF MACHINERY, EQUIPMENT, FIXTURES, INVENTORY AND LEASEHOLD
IMPROVEMENTS.
2. AS A CONDITION OF THE ISSUANCE OF ANY LOAN PURSUANT TO THIS
SECTION, THE CORPORATION MAY REQUIRE THE INCLUSION IN ANY CONTRACT OR
AGREEMENT OF ANY CONDITIONS AS IT MAY DEEM TO BE DESIRABLE AND/OR APPRO-
PRIATE AND DO ALL THINGS NECESSARY FOR THE EXECUTION OF ANY INSTRUMENT
RELATING TO OR DESIRABLE FOR THE PROVISION OF SUCH LOAN. FURTHERMORE,
THE CORPORATION MAY IMPOSE UPON EACH APPLICANT ANY SUCH FEE AND CHARGES
AS SHALL BE NECESSARY FOR THE ISSUANCE OF NOTES AND BONDS BY THE CORPO-
RATION FOR THE PURPOSE OF RAISING REVENUE FOR THE PURPOSE OF PROVIDING
LOANS PURSUANT TO THIS SECTION.
A. 10492 6
3. A BUSINESS OR NOT-FOR-PROFIT CORPORATION SEEKING A LOAN PURSUANT TO
THIS SECTION SHALL SUBMIT AN APPLICATION TO THE CORPORATION IN SUCH FORM
AND WITH SUCH CONTENT AS THE CHAIRMAN OF THE CORPORATION SHALL DETER-
MINE. ANY APPLICATION MAY BE DENIED UPON ANY SUCH GROUNDS AS THE CORPO-
RATION SHALL DETERMINE TO BE NECESSARY.
4. THE CORPORATION, IN CONSULTATION WITH ITS CHAIRMAN, SHALL PROMUL-
GATE ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF
THIS SECTION.
S 16-W. NEW YORK STATE BUSINESS ASSISTANCE RECONSTRUCTION AND EMPLOYEE
RETENTION REVOLVING LOAN FUND. 1. THE CORPORATION SHALL ESTABLISH A
SPECIAL FUND TO BE KNOWN AS THE "NEW YORK STATE BUSINESS ASSISTANCE
RECONSTRUCTION AND EMPLOYEE RETENTION REVOLVING LOAN FUND", AND SHALL
PAY INTO SUCH FUND ANY MONEYS WHICH SHALL BE MADE AVAILABLE TO THE
CORPORATION FOR THE PURPOSES OF SUCH FUND FROM ANY SOURCE INCLUDING, BUT
NOT LIMITED TO, MONEYS APPROPRIATED BY AND MADE AVAILABLE PURSUANT TO
APPROPRIATION BY THE STATE AND ANY INCOME OR INTEREST EARNED BY OR
INCREMENT TO THE FUND DUE TO INVESTMENT THEREOF.
2. THE MONEYS HELD IN OR CREDITED TO THE NEW YORK STATE BUSINESS
ASSISTANCE RECONSTRUCTION AND EMPLOYEE RETENTION REVOLVING LOAN FUND
SHALL BE EXPENDED SOLELY TO IMPLEMENT THE PROVISIONS OF SECTION
SIXTEEN-V OF THIS ACT.
3. SUCH MONEYS SHALL BE PAYABLE AT THE DIRECTION OF THE CHAIRMAN OF
THE CORPORATION, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET.
4. ALL BONDS AND NOTES ISSUED TO PROVIDE MONEYS TO THE NEW YORK STATE
BUSINESS ASSISTANCE RECONSTRUCTION AND EMPLOYEE RETENTION REVOLVING LOAN
FUND SHALL BE SPECIAL LIMITED OBLIGATIONS OF THE CORPORATION REPAYABLE
SOLELY FROM REVENUE DERIVED FROM THE REPAYMENT OF LOANS ISSUED PURSUANT
TO SECTION SIXTEEN-V OF THIS ACT. ALL ASSETS AND LIABILITIES CREATED
THROUGH THE ISSUANCE OF BONDS AND NOTES PURSUANT TO THIS SECTION SHALL
BE SEPARATE FROM ALL OTHER ASSETS AND LIABILITIES OF THE CORPORATION.
S 2. The economic development law is amended by adding a new section
107 to read as follows:
S 107. NEW YORK STATE BUSINESS ASSISTANCE RECONSTRUCTION AND EMPLOYEE
RETENTION GRANT PROGRAM. 1. THE DEPARTMENT, IN CONSULTATION WITH ITS
REGIONAL COUNCILS, MAY PROVIDE GRANTS OF NOT MORE THAN THIRTY THOUSAND
DOLLARS FOR RECONSTRUCTION AND WORKING EXPENSES RELATED TO A DISASTER
DECLARED BY THE GOVERNOR IN THE COUNTY IN WHICH A BUSINESS OR
NOT-FOR-PROFIT CORPORATION IS LOCATED, AND ADDITIONAL GRANTS OF ONE
THOUSAND DOLLARS FOR EACH EMPLOYEE RETAINED. SUCH GRANTS SHALL BE
AWARDED SOLELY TO BUSINESSES AND NOT-FOR-PROFIT CORPORATIONS WHICH HAVE
SUFFERED SUBSTANTIAL DISASTER RELATED LOSSES.
2. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS
SHALL BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
S 3. This act shall take effect immediately; provided, however, the
New York State urban development corporation shall not be required to
establish the revolving loan fund pursuant to this part unless and until
the governor has declared a disaster or state of emergency in a county.
Upon such declaration by the governor, the corporation shall have no
more than 10 days to establish and commence the operation of such
program in the county in which the disaster has been declared.
PART C
Section 1. Section 1 of chapter 174 of the laws of 1968, constituting
the New York state urban development corporation act, is amended by
adding two new sections 16-x and 16-y to read as follows:
A. 10492 7
S 16-X. NEW YORK STATE PRODUCTION AGRICULTURAL ASSISTANCE RECON-
STRUCTION LOAN PROGRAM. 1. THE CORPORATION SHALL ESTABLISH, ADMINISTER
AND OPERATE A NEW YORK STATE PRODUCTION AGRICULTURAL ASSISTANCE RECON-
STRUCTION LOAN PROGRAM. SUCH PROGRAM SHALL PROVIDE FOR THE ISSUANCE OF
INTEREST FREE LOANS TO FARMERS FOR REHABILITATION OF THEIR AGRICULTURAL
PROPERTY WHICH WAS DAMAGED OR DESTROYED AS THE RESULT OF A DISASTER
DECLARED BY THE GOVERNOR IN THE COUNTY IN WHICH THE AGRICULTURAL PROPER-
TY IS LOCATED. THE PROCEEDS OF SUCH LOANS MAY BE USED TO REFINANCE ANY
SECURED DEBT AGAINST THE AGRICULTURAL REAL PROPERTY OR PERSONAL PROPER-
TY. LOANS SHALL BE PROVIDED TO APPLICANTS AS FOLLOWS:
(A) TIER 1 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
TO EXCEED ONE MILLION DOLLARS FOR THE REPAIR AND REPLACEMENT OF THE
AGRI-BUSINESS TO THE CONDITION IT WAS IN IMMEDIATELY PRIOR TO THE ONSET
OF THE DECLARED DISASTER. AGRICULTURAL PROPERTY SHALL INCLUDE REAL PROP-
ERTY, MACHINERY, EQUIPMENT, CROPS, LIVESTOCK, INVENTORY AND LEASEHOLD
IMPROVEMENTS; OR
(B) TIER 2 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
TO EXCEED ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FOR THE REPAIR AND
REPLACEMENT OF THE AGRI-BUSINESS TO THE CONDITION IT WAS IN IMMEDIATELY
PRIOR TO THE ONSET OF THE DECLARED DISASTER, AND SHALL INCLUDE SUCH
DISASTER MITIGATION IMPROVEMENTS TO THE APPLICANT'S AGRICULTURAL PROPER-
TY AS SHALL BE DETERMINED BY THE CORPORATION TO BE NECESSARY TO ELIMI-
NATE OR LESSEN THE EFFECTS OF FUTURE SIMILAR DISASTERS. AGRICULTURAL
PROPERTY SHALL INCLUDE REAL PROPERTY, MACHINERY, EQUIPMENT, CROPS, LIVE-
STOCK, INVENTORY AND LEASEHOLD IMPROVEMENTS; OR
(C) TIER 3 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
TO EXCEED TWO MILLION DOLLARS FOR THE RELOCATION AND CONSTRUCTION OF THE
AGRI-BUSINESS OF THE SAME SIZE AND TYPE AS THE AGRICULTURAL PROPERTY
DESTROYED BY THE DECLARED DISASTER AND LOCATED WITHIN THE SAME VILLAGE,
TOWN OR CITY AS THE DESTROYED AGRICULTURAL PROPERTY, BUT OUTSIDE ANY
AREAS MOST PRONE TO REOCCURRENCE OF DISASTER DAMAGE AS DETERMINED BY THE
CORPORATION, AND SUCH NEWLY CONSTRUCTED AGRICULTURAL PROPERTY SHALL
INCLUDE SUCH DISASTER MITIGATION FEATURES AS SHALL BE DETERMINED BY THE
CORPORATION TO BE NECESSARY TO ELIMINATE OR LESSEN THE EFFECTS OF FUTURE
SIMILAR DISASTERS. MONEYS PROVIDED PURSUANT TO THIS PARAGRAPH SHALL BE
USED FOR NEW CONSTRUCTION UPON REAL PROPERTY, AND FOR REPAIR AND
REPLACEMENT OF MACHINERY, EQUIPMENT, CROPS, LIVESTOCK, INVENTORY AND
LEASEHOLD IMPROVEMENTS.
2. AS A CONDITION OF THE ISSUANCE OF ANY LOAN PURSUANT TO THIS
SECTION, THE CORPORATION MAY REQUIRE THE INCLUSION IN ANY CONTRACT OR
AGREEMENT OF ANY CONDITIONS AS IT MAY DEEM TO BE DESIRABLE AND/OR APPRO-
PRIATE AND DO ALL THINGS NECESSARY FOR THE EXECUTION OF ANY INSTRUMENT
RELATING TO OR DESIRABLE FOR THE PROVISION OF SUCH LOAN. FURTHERMORE,
THE CORPORATION MAY IMPOSE UPON EACH APPLICANT ANY SUCH FEES AND CHARGES
AS SHALL BE NECESSARY FOR THE ISSUANCE OF NOTES AND BONDS BY THE CORPO-
RATION FOR THE PURPOSE OF RAISING REVENUE FOR THE PURPOSE OF PROVIDING
LOANS PURSUANT TO THIS SECTION.
3. AN AGRI-BUSINESS SEEKING A LOAN PURSUANT TO THIS SECTION SHALL
SUBMIT AN APPLICATION TO THE CORPORATION IN SUCH FORM AND WITH SUCH
CONTENT AS THE CHAIRMAN OF THE CORPORATION SHALL DETERMINE. ANY APPLICA-
TION MAY BE DENIED UPON ANY SUCH GROUNDS AS THE CORPORATION SHALL DETER-
MINE TO BE NECESSARY.
4. THE CORPORATION, IN CONSULTATION WITH ITS CHAIRMAN AND THE COMMIS-
SIONER OF AGRICULTURE AND MARKETS, SHALL PROMULGATE ANY RULES AND REGU-
LATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
A. 10492 8
S 16-Y. NEW YORK STATE PRODUCTION AGRICULTURAL ASSISTANCE RECON-
STRUCTION REVOLVING LOAN FUND. 1. THE CORPORATION SHALL ESTABLISH A
SPECIAL FUND TO BE KNOWN AS THE "NEW YORK STATE PRODUCTION AGRICULTURAL
ASSISTANCE RECONSTRUCTION REVOLVING LOAN FUND", AND SHALL PAY INTO SUCH
FUND ANY MONEYS WHICH SHALL BE MADE AVAILABLE TO THE CORPORATION FOR THE
PURPOSES OF SUCH FUND FROM ANY SOURCE INCLUDING, BUT NOT LIMITED TO,
MONEYS APPROPRIATED BY AND MADE AVAILABLE PURSUANT TO APPROPRIATION BY
THE STATE AND ANY INCOME OR INTEREST EARNED BY OR INCREMENTED TO THE
FUND DUE TO INVESTMENT THEREOF.
2. THE MONEYS HELD IN OR CREDITED TO THE NEW YORK STATE PRODUCTION
AGRICULTURAL ASSISTANCE RECONSTRUCTION REVOLVING LOAN FUND SHALL BE
EXPENDED SOLELY TO IMPLEMENT THE PROVISIONS OF SECTION SIXTEEN-X OF THIS
ACT.
3. SUCH MONEYS SHALL BE PAYABLE AT THE DIRECTION OF THE CHAIRMAN OF
THE CORPORATION, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET AND THE
COMMISSIONER OF AGRICULTURE AND MARKETS.
4. ALL BONDS AND NOTES ISSUED TO PROVIDE MONEYS TO THE NEW YORK STATE
PRODUCTION AGRICULTURAL ASSISTANCE RECONSTRUCTION REVOLVING LOAN FUND
SHALL BE SPECIAL LIMITED OBLIGATIONS OF THE CORPORATION REPAYABLE SOLELY
FROM REVENUE DERIVED FROM THE REPAYMENT OF LOANS ISSUED PURSUANT TO
SECTION SIXTEEN-X OF THIS ACT. ALL ASSETS AND LIABILITIES CREATED
THROUGH THE ISSUANCE OF BONDS AND NOTES PURSUANT TO THIS SECTION SHALL
BE SEPARATE FROM ALL OTHER ASSETS AND LIABILITIES OF THE CORPORATION.
S 2. The agriculture and markets law is amended by adding a new
section 324-b to read as follows:
S 324-B. NEW YORK STATE PRODUCTION AGRICULTURAL ASSISTANCE GRANT
PROGRAM. 1. THE COMMISSIONER SHALL INITIATE AND MAINTAIN A NEW YORK
STATE PRODUCTION AGRICULTURAL ASSISTANCE GRANT PROGRAM TO PROVIDE FINAN-
CIAL ASSISTANCE TO FARMERS OPERATING AGRICULTURAL PRODUCTION BUSINESSES.
GRANTS SHALL BE PROVIDED TO FARMERS AS FOLLOWS:
(A) TIER 1. FAMILY FARMS AND OTHER AGRICULTURAL PRODUCTION BUSINESSES
SHALL BE ELIGIBLE FOR A GRANT OF NOT MORE THAN THIRTY THOUSAND DOLLARS
FOR RECONSTRUCTION AND WORKING EXPENSES RELATED TO AGRICULTURAL
PRODUCTION, PLUS AN ADDITIONAL GRANT NOT TO EXCEED FIFTEEN PERCENT OF
THE APPLICANT'S GROSS CASH INCOME DURING THE IMMEDIATELY PRECEDING
CALENDAR YEAR; OR
(B) TIER 2. AGRICULTURAL PRODUCTION BUSINESSES SHALL BE ELIGIBLE FOR A
GRANT OF NOT MORE THAN FIFTY THOUSAND DOLLARS FOR RECONSTRUCTION AND
WORKING EXPENSES INCURRED AS THE RESULT OF AN EMERGENCY, INCLUDING A
FLOOD, STORM OR OTHER UNFORESEEABLE NATURAL DISASTER, WHERE THE SUSTAIN-
ABILITY OF FARM OPERATIONS IS PROHIBITED DUE TO SOIL EROSION, LOSS OF
LAND VIABILITY OR OTHER SUCH OCCURRENCES; OR
(C) TIER 3. AGRICULTURAL PRODUCTION BUSINESSES SHALL BE ELIGIBLE FOR A
GRANT OF NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS FOR RECONSTRUCTION
AND WORKING EXPENSES INCURRED AS THE RESULT OF AN EMERGENCY, INCLUDING A
FLOOD, STORM OR OTHER UNFORESEEABLE NATURAL DISASTER, WHERE THE SUSTAIN-
ABILITY OF FARM OPERATIONS IS PROHIBITED BY BUILDING OR EQUIPMENT LOSS.
2. THE COMMISSIONER, IN CONSULTATION AND COOPERATION WITH EMERGENCY,
ENVIRONMENTAL AND AGRICULTURAL ENTITIES, SHALL PROMULGATE SUCH RULES AND
REGULATIONS AS SHALL BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
SECTION. SUCH RULES AND REGULATIONS SHALL ESTABLISH CRITERIA FOR DETER-
MINING THE ELIGIBILITY FOR GRANTS PURSUANT TO THIS SECTION OF AGRICUL-
TURAL PRODUCTION BUSINESSES WHICH HAVE SUFFERED SUBSTANTIAL FARMLAND
LOSS IN A NATURAL DISASTER. THE DEPARTMENT SHALL MAKE USE OF ANY AND ALL
AVAILABLE RESOURCES OF THE STATE AND ITS COUNTIES AS SHALL BE APPROPRI-
ATE FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
A. 10492 9
S 3. This act shall take effect immediately, provided, however, the
New York State urban development corporation shall not be required to
establish the revolving loan fund pursuant to this part unless and until
the governor has declared a disaster or state of emergency in a county.
Upon such declaration by the governor, the corporation shall have no
more than 10 days to establish and commence the operation of such
program in the county in which the disaster has been declared.
PART D
Section 1. The public authorities law is amended by adding three new
sections 1679-d, 1679-e and 1679-f to read as follows:
S 1679-D. NEW YORK STATE MUNICIPAL AND SCHOOL DISTRICT STOP GAP
PROGRAM. 1. THE AUTHORITY SHALL ESTABLISH, ADMINISTER AND OPERATE A NEW
YORK STATE MUNICIPAL AND SCHOOL DISTRICT STOP GAP PROGRAM. SUCH PROGRAM
SHALL PROVIDE FOR THE ISSUANCE OF INTEREST FREE LOANS TO CITIES, TOWNS,
VILLAGES AND SCHOOL DISTRICTS FOR REHABILITATING MUNICIPAL AND SCHOOL
DISTRICT PROPERTY WHICH WAS DAMAGED OR DESTROYED AS THE RESULT OF A
DISASTER DECLARED BY THE GOVERNOR IN THE COUNTY IN WHICH THE CITY, TOWN,
VILLAGE OR SCHOOL DISTRICT IS LOCATED. LOANS SHALL BE PROVIDED TO APPLI-
CANTS AS FOLLOWS:
(A) TIER 1 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
TO EXCEED FIVE MILLION DOLLARS FOR THE REPAIR AND REPLACEMENT OF THE
MUNICIPAL OR SCHOOL DISTRICT PROPERTY TO THE CONDITION IT WAS IN IMME-
DIATELY PRIOR TO THE ONSET OF THE DECLARED DISASTER. MUNICIPAL AND
SCHOOL DISTRICT PROPERTY SHALL INCLUDE REAL PROPERTY, INFRASTRUCTURE
(INCLUDING WATER AND SEWER FACILITIES, BRIDGES AND ROADS), MACHINERY,
EQUIPMENT, FIXTURES AND OTHER EXPENSES APPROVED BY THE AUTHORITY;
(B) TIER 2 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
TO EXCEED TEN MILLION DOLLARS FOR THE REPAIR AND REPLACEMENT OF THE
MUNICIPAL AND SCHOOL DISTRICT PROPERTY TO THE CONDITION IT WAS IN IMME-
DIATELY PRIOR TO THE ONSET OF THE DECLARED DISASTER, AND SHALL INCLUDE
SUCH DISASTER MITIGATION IMPROVEMENTS TO THE MUNICIPALITY'S OR SCHOOL
DISTRICT'S PROPERTY AS SHALL BE DETERMINED BY THE AUTHORITY TO BE NECES-
SARY TO ELIMINATE OR LESSEN THE EFFECTS OF FUTURE SIMILAR DISASTERS.
MUNICIPAL AND SCHOOL DISTRICT PROPERTY SHALL INCLUDE REAL PROPERTY,
INFRASTRUCTURE (INCLUDING WATER AND SEWER FACILITIES, BRIDGES AND
ROADS), MACHINERY, EQUIPMENT, FIXTURES AND OTHER EXPENSES APPROVED BY
THE AUTHORITY; OR
(C) TIER 3 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
TO EXCEED FIFTEEN MILLION DOLLARS FOR THE RELOCATION AND CONSTRUCTION OF
THE MUNICIPAL AND SCHOOL DISTRICT PROPERTY OF THE SAME SIZE AND TYPE AS
THE MUNICIPAL AND SCHOOL DISTRICT PROPERTY DESTROYED BY THE DECLARED
DISASTER AND OUTSIDE OF ANY AREAS MOST PRONE TO REOCCURRENCE OF DISASTER
DAMAGE AS DETERMINED BY THE AUTHORITY, AND SUCH NEWLY CONSTRUCTED MUNIC-
IPAL OR SCHOOL DISTRICT PROPERTY SHALL INCLUDE SUCH DISASTER MITIGATION
FEATURES AS SHALL BE DETERMINED BY THE AUTHORITY TO BE NECESSARY TO
ELIMINATE OR LESSEN THE EFFECTS OF FUTURE SIMILAR DISASTERS. MONEYS
PROVIDED PURSUANT TO THIS PARAGRAPH SHALL BE USED FOR NEW CONSTRUCTION
UPON REAL PROPERTY, AND FOR REPAIR AND REPLACEMENT OF INFRASTRUCTURE
(INCLUDING WATER AND SEWER FACILITIES, BRIDGES AND ROADS), MACHINERY,
EQUIPMENT, FIXTURES AND OTHER EXPENSES APPROVED BY THE AUTHORITY.
2. AS A CONDITION OF THE ISSUANCE OF ANY LOAN PURSUANT TO THIS
SECTION, THE AUTHORITY MAY REQUIRE THE INCLUSION IN ANY CONTRACT OR
AGREEMENT OF ANY CONDITIONS AS IT MAY DEEM TO BE DESIRABLE AND/OR APPRO-
PRIATE AND DO ALL THINGS NECESSARY FOR THE EXECUTION OF ANY INSTRUMENT
A. 10492 10
RELATING TO OR DESIRABLE FOR THE PROVISION OF SUCH LOAN. FURTHERMORE,
THE AUTHORITY MAY IMPOSE UPON EACH APPLICANT ANY SUCH FEES AND CHARGES
AS SHALL BE NECESSARY FOR THE ISSUANCE OF NOTES AND BONDS BY THE AUTHOR-
ITY FOR THE PURPOSE OF RAISING REVENUE FOR THE PURPOSE OF PROVIDING
LOANS PURSUANT TO THIS SECTION.
3. A CITY, TOWN, VILLAGE OR SCHOOL DISTRICT SEEKING A LOAN PURSUANT TO
THIS SECTION SHALL SUBMIT AN APPLICATION TO THE AUTHORITY IN SUCH FORM
AND WITH SUCH CONTENT AS THE CHAIR OF THE AUTHORITY SHALL DETERMINE. ANY
APPLICATION MAY BE DENIED UPON SUCH GROUNDS AS THE AUTHORITY SHALL
DETERMINE TO BE NECESSARY.
4. THE AUTHORITY, IN CONSULTATION WITH THE EDUCATION DEPARTMENT, SHALL
PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS SECTION.
S 1679-E. NEW YORK STATE MUNICIPAL AND SCHOOL DISTRICT STOP GAP
REVOLVING LOAN FUND. 1. THE AUTHORITY SHALL ESTABLISH A SPECIAL FUND TO
BE KNOWN AS THE "NEW YORK STATE MUNICIPAL AND SCHOOL DISTRICT STOP GAP
REVOLVING LOAN FUND", AND SHALL PAY INTO SUCH FUND ANY MONEYS WHICH
SHALL BE MADE AVAILABLE TO THE AUTHORITY FOR THE PURPOSES OF SUCH FUND
FROM ANY SOURCE INCLUDING, BUT NOT LIMITED TO, MONEYS APPROPRIATED BY
AND MADE AVAILABLE PURSUANT TO APPROPRIATION BY THE STATE AND ANY INCOME
OR INTEREST EARNED BY OR INCREMENTED TO THE FUND DUE TO INVESTMENT THER-
EOF.
2. THE MONEYS HELD IN OR CREDITED TO THE NEW YORK STATE MUNICIPAL AND
SCHOOL DISTRICT STOP GAP REVOLVING LOAN FUND SHALL BE EXPENDED SOLELY TO
IMPLEMENT THE PROVISIONS OF SECTION SIXTEEN HUNDRED SEVENTY-NINE-D OF
THIS TITLE.
3. SUCH MONEYS SHALL BE PAYABLE AT THE DIRECTION OF THE CHAIR OF THE
AUTHORITY, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET AND THE
COMMISSIONER OF EDUCATION.
4. ALL BONDS AND NOTES ISSUED TO PROVIDE MONEYS TO THE NEW YORK STATE
MUNICIPAL AND SCHOOL DISTRICT STOP GAP REVOLVING LOAN FUND SHALL BE
SPECIAL LIMITED OBLIGATIONS OF THE AUTHORITY AND SHALL BE PAID FOR AS
DESCRIBED IN SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THE
EDUCATION LAW. ALL ASSETS AND LIABILITIES CREATED THROUGH THE ISSUANCE
OF BONDS AND NOTES PURSUANT TO THIS SECTION SHALL BE SEPARATE FROM ALL
OTHER ASSETS AND LIABILITIES OF THE AUTHORITY.
S 1679-F. NEW YORK STATE MUNICIPAL AND SCHOOL DISTRICT STOP GAP GRANT
PROGRAM. 1. THE AUTHORITY SHALL ESTABLISH, ADMINISTER AND OPERATE A NEW
YORK STATE MUNICIPAL AND SCHOOL DISTRICT STOP GAP GRANT PROGRAM. SUCH
PROGRAM SHALL PROVIDE FOR THE ISSUANCE OF GRANTS TO CITIES, TOWNS,
VILLAGES AND SCHOOL DISTRICTS FOR REHABILITATING MUNICIPAL AND SCHOOL
DISTRICT PROPERTY WHICH HAS BEEN DAMAGED OR DESTROYED AS THE RESULT OF A
DISASTER DECLARED BY THE GOVERNOR IN THE COUNTY IN WHICH THE CITY, TOWN,
VILLAGE OR SCHOOL DISTRICT IS LOCATED. GRANTS SHALL BE PROVIDED TO
APPLICANTS AS FOLLOWS:
(A) TIER 1 GRANT. A GRANT IN AN AMOUNT NOT TO EXCEED TWO MILLION
DOLLARS FOR THE REPAIR AND REPLACEMENT OF THE MUNICIPAL OR SCHOOL
DISTRICT PROPERTY TO THE CONDITION IT WAS IN IMMEDIATELY PRIOR TO THE
ONSET OF THE DECLARED DISASTER. MUNICIPAL AND SCHOOL DISTRICT PROPERTY
SHALL INCLUDE REAL PROPERTY, INFRASTRUCTURE (INCLUDING WATER AND SEWER
FACILITIES, BRIDGES AND ROADS), MACHINERY, EQUIPMENT, FIXTURES AND OTHER
EXPENSES APPROVED BY THE AUTHORITY;
(B) TIER 2 GRANT. A GRANT IN AN AMOUNT NOT TO EXCEED FOUR MILLION
DOLLARS FOR THE REPAIR AND REPLACEMENT OF THE MUNICIPAL AND SCHOOL
DISTRICT PROPERTY TO THE CONDITION IT WAS IN IMMEDIATELY PRIOR TO THE
ONSET OF THE DECLARED DISASTER, AND SHALL INCLUDE SUCH DISASTER MITI-
A. 10492 11
GATION IMPROVEMENTS TO THE MUNICIPALITY'S OR SCHOOL DISTRICT'S PROPERTY
AS SHALL BE DETERMINED BY THE AUTHORITY TO BE NECESSARY TO ELIMINATE OR
LESSEN THE EFFECTS OF FUTURE SIMILAR DISASTERS. MUNICIPAL AND SCHOOL
DISTRICT PROPERTY SHALL INCLUDE REAL PROPERTY, INFRASTRUCTURE (INCLUDING
WATER AND SEWER FACILITIES, BRIDGES AND ROADS), MACHINERY, EQUIPMENT,
FIXTURES AND OTHER EXPENSES APPROVED BY THE AUTHORITY; OR
(C) TIER 3 LOAN. A GRANT IN AN AMOUNT NOT TO EXCEED SIX MILLION
DOLLARS FOR THE RELOCATION AND CONSTRUCTION OF THE MUNICIPAL AND SCHOOL
DISTRICT PROPERTY OF THE SAME SIZE AND TYPE AS THE MUNICIPAL AND SCHOOL
DISTRICT PROPERTY DESTROYED BY THE DECLARED DISASTER AND OUTSIDE ANY
AREAS MOST PRONE TO REOCCURRENCE OF DISASTER DAMAGE AS DETERMINED BY THE
AUTHORITY, AND SUCH NEWLY CONSTRUCTED MUNICIPAL OR SCHOOL DISTRICT PROP-
ERTY SHALL INCLUDE SUCH DISASTER MITIGATION FEATURES AS SHALL BE DETER-
MINED BY THE AUTHORITY TO BE NECESSARY TO ELIMINATE OR LESSEN THE
EFFECTS OF FUTURE SIMILAR DISASTERS. MONEYS PROVIDED PURSUANT TO THIS
PARAGRAPH SHALL BE USED FOR NEW CONSTRUCTION UPON REAL PROPERTY, AND FOR
REPAIR AND REPLACEMENT OF INFRASTRUCTURE (INCLUDING WATER AND SEWER
FACILITIES, BRIDGES AND ROADS), MACHINERY, EQUIPMENT, FIXTURES AND OTHER
EXPENSES APPROVED BY THE AUTHORITY.
2. A CITY, TOWN, VILLAGE OR SCHOOL DISTRICT SEEKING A GRANT PURSUANT
TO THIS SECTION SHALL SUBMIT AN APPLICATION TO THE AUTHORITY IN SUCH
FORM AND WITH SUCH CONTENT AS THE CHAIR OF THE AUTHORITY SHALL DETER-
MINE. ANY APPLICATION MAY BE DENIED UPON SUCH GROUNDS AS THE AUTHORITY
SHALL DETERMINE TO BE NECESSARY.
3. THE AUTHORITY, IN CONSULTATION WITH THE EDUCATION DEPARTMENT, SHALL
PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS SECTION.
S 2. This act shall take effect immediately, provided, however, the
New York State dormitory authority shall not be required to establish
the revolving loan fund pursuant to this part unless and until the
governor has declared a disaster or state of emergency in a county. Upon
such declaration by the governor, the authority shall have no more than
10 days to establish and commence the operation of such program in the
county in which the disaster has been declared.
PART E
Section 1. The private housing finance law is amended by adding a new
section 47-g to read as follows:
S 47-G. NEW YORK STATE TAX ASSISTANCE REVOLVING LOAN FUND PROGRAM. 1.
THE AGENCY SHALL ESTABLISH, ADMINISTER AND OPERATE A NEW YORK STATE TAX
ASSISTANCE REVOLVING LOAN FUND PROGRAM. SUCH PROGRAM SHALL PROVIDE FOR
THE ISSUANCE OF INTEREST FREE LOANS TO REAL PROPERTY TAXING JURISDIC-
TIONS FOR DELINQUENT REAL PROPERTY TAXES WHICH WERE UNPAID BY REAL PROP-
ERTY OWNERS AS THE RESULT OF A DISASTER DECLARED BY THE GOVERNOR IN THE
COUNTY IN WHICH THE REAL PROPERTY TAXING JURISDICTION IS LOCATED.
ELIGIBLE REAL PROPERTY TAXING JURISDICTIONS MAY RECEIVE A LOAN PURSUANT
TO THIS SECTION EQUAL TO NOT MORE THAN ONE-HALF OF THE TAX DELINQUENCY
INCURRED IN THE TWO THOUSAND TWELVE AND TWO THOUSAND THIRTEEN TAX YEARS.
2. THE AGENCY SHALL ESTABLISH A SPECIAL FUND TO BE KNOWN AS THE "NEW
YORK STATE TAX ASSISTANCE REVOLVING LOAN FUND", AND SHALL PAY INTO SUCH
FUND ANY MONEYS WHICH SHALL BE MADE AVAILABLE TO THE AGENCY FOR THE
PURPOSES OF SUCH FUND FROM ANY SOURCE INCLUDING, BUT NOT LIMITED TO,
MONEYS APPROPRIATED BY AND MADE AVAILABLE PURSUANT TO APPROPRIATION BY
THE STATE AND ANY INCOME OR INTEREST EARNED BY OR INCREMENTED TO THE
FUND DUE TO INVESTMENT THEREOF.
A. 10492 12
3. THE MONEYS HELD IN OR CREDITED TO THE NEW YORK STATE TAX ASSISTANCE
REVOLVING LOAN FUND SHALL BE EXPENDED SOLELY TO IMPLEMENT THE PROVISION
OF THIS SECTION. TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE AGENCY
MAY EXTEND CREDIT TO OR ON BEHALF OF A REAL PROPERTY TAXING JURISDICTION
FOR CONSTRUCTION OR REPAIR OF MUNICIPAL PROPERTY.
4. SUCH MONEYS SHALL BE PAYABLE AT THE DIRECTION OF THE CHAIRMAN OF
THE AGENCY, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET AND THE
COMMISSIONER OF TAXATION AND FINANCE.
5. ALL BONDS AND NOTES ISSUED TO PROVIDE MONEYS TO THE TAX DISASTER
RELIEF REVOLVING LOAN FUND SHALL BE SPECIAL LIMITED OBLIGATIONS OF THE
AGENCY REPAYABLE SOLELY FROM REVENUE DERIVED FROM THE REPAYMENT OF LOANS
ISSUED PURSUANT TO THIS SECTION. ALL ASSETS AND LIABILITIES CREATED
THROUGH THE ISSUANCE OF BONDS AND NOTES PURSUANT TO THIS SECTION SHALL
BE KEPT SEPARATE FROM ALL OTHER ASSETS AND LIABILITIES OF THE AGENCY.
S 2. This act shall take effect immediately, provided, however, the
New York State housing finance agency shall not be required to establish
the revolving loan fund pursuant to this part unless and until the
governor has declared a disaster or state of emergency in a county. Upon
such declaration by the governor, the agency shall have no more than 10
days to establish and commence the operation of such program in the
county in which the disaster has been declared.
PART F
Section 1. The real property tax law is amended by adding a new
section 303 to read as follows:
S 303. REASSESSMENT AFTER NATURAL DISASTERS. 1. WITHIN SIX MONTHS OF
A DISASTER DECLARED BY THE GOVERNOR IN A COUNTY, A QUALIFIED PROFES-
SIONAL SHALL REASSESS EACH PARCEL OF REAL PROPERTY THAT WAS DAMAGED OR
DESTROYED BY SUCH DISASTER AND SHALL PROVIDE SUCH REASSESSMENT TO THE
COUNTY ASSESSOR.
2. FOR PURPOSES OF THIS SECTION, "QUALIFIED PROFESSIONAL" SHALL MEAN
AN ASSESSOR, LOCAL CODE ENFORCEMENT OFFICER, BUILDING INSPECTOR OR
CONTRACTOR.
S 2. Section 210 of the tax law is amended by adding a new subdivision
45 to read as follows:
45. NATURAL DISASTER PROPERTY TAX CREDIT. (A) ALLOWANCE OF CREDIT. A
TAXPAYER, WHO OWNS REAL PROPERTY WHICH IS AFFECTED BY A DISASTER
DECLARED BY THE GOVERNOR AND SUCH REAL PROPERTY HAS BEEN REASSESSED
PURSUANT TO SECTION THREE HUNDRED THREE OF THE REAL PROPERTY TAX LAW,
SHALL BE ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN THIS SUBDIVI-
SION, AGAINST THE TAX IMPOSED BY THIS ARTICLE. THE AMOUNT OF THE CREDIT
SHALL EQUAL THE RESULT OF ALL REAL PROPERTY TAXES PAID ON THE TAXPAYER'S
REAL PROPERTY LESS THE REDUCED ASSESSMENT, PURSUANT TO SECTION THREE
HUNDRED THREE OF THE REAL PROPERTY TAX LAW, MULTIPLIED BY THE SUM OF ALL
REAL PROPERTY TAX RATES APPLICABLE TO SUCH REAL PROPERTY.
(B) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT SHALL EXCEED
THE TAXPAYER'S TAX FOR SUCH YEAR THE EXCESS SHALL BE CARRIED OVER TO THE
FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR
SUCH YEAR OR YEARS.
S 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (xxxiv) to read as
follows:
(XXXIV) NATURAL DISASTER AMOUNT OF CREDIT UNDER
PROPERTY TAX CREDIT SUBDIVISION FORTY-FIVE OF
A. 10492 13
UNDER SUBSECTION (UU) SECTION TWO HUNDRED TEN
S 4. Section 606 of the tax law is amended by adding a new subsection
(uu) to read as follows:
(UU) NATURAL DISASTER PROPERTY TAX CREDIT. (1) ALLOWANCE OF CREDIT. A
TAXPAYER, WHO OWNS REAL PROPERTY WHICH IS AFFECTED BY A DISASTER
DECLARED BY THE GOVERNOR AND SUCH REAL PROPERTY HAS BEEN REASSESSED
PURSUANT TO SECTION THREE HUNDRED THREE OF THE REAL PROPERTY TAX LAW,
SHALL BE ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN THIS SUBSECTION,
AGAINST THE TAX IMPOSED BY THIS ARTICLE. THE AMOUNT OF THE CREDIT SHALL
EQUAL THE RESULT OF ALL REAL PROPERTY TAXES PAID ON THE TAXPAYER'S REAL
PROPERTY LESS THE REDUCED ASSESSMENT, PURSUANT TO SECTION THREE HUNDRED
THREE OF THE REAL PROPERTY TAX LAW, MULTIPLIED BY THE SUM OF ALL REAL
PROPERTY TAX RATES APPLICABLE TO SUCH REAL PROPERTY.
2. APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT SHALL EXCEED THE
TAXPAYER'S TAX FOR SUCH YEAR THE EXCESS SHALL BE CARRIED OVER TO THE
FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR
SUCH YEAR OR YEARS.
S 5. This act shall take effect immediately.
PART G
Section 1. The workers' compensation law is amended by adding a new
section 88-d to read as follows:
S 88-D. COVERAGE OF MEMBERS OF COMMUNITY EMERGENCY RESPONSE TEAMS. 1.
ANY MUNICIPALITY THAT EMPLOYS MEMBERS OF A COMMUNITY EMERGENCY RESPONSE
TEAM MAY ELECT TO MAKE COMPENSATIONS PAYABLE UNDER THIS CHAPTER AVAIL-
ABLE TO SUCH MEMBERS. SUCH COMPENSATIONS SHALL BE PAID FROM THE STATE
INSURANCE FUND, AND ALL PAYMENTS TO THE STATE INSURANCE FUND FOR INSUR-
ANCE PREMIUMS ON ACCOUNT OF SUCH MEMBERS INCLUDING A PROPORTIONATE SHARE
OF THE ADMINISTRATIVE EXPENSE OF THE STATE INSURANCE FUND ON ACCOUNT
THEREOF SHALL BE A LIABILITY OF THE MUNICIPALITY.
2. COMPUTATION OF PREMIUMS FOR COVERAGE OF MEMBERS OF COMMUNITY EMER-
GENCY RESPONSE TEAMS SHALL BE MADE IN THE SAME MANNER AS THOSE ASSESSED
FOR COVERAGE OF VOLUNTEER FIREFIGHTERS AND VOLUNTEER AMBULANCE WORKERS
PURSUANT TO THIS ARTICLE, THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW AND
THE VOLUNTEER AMBULANCE WORKERS' BENEFIT LAW.
S 2. Subdivisions 3 and 4 of section 209-bb of the general municipal
law, as amended by chapter 482 of the laws of 1997, are amended to read
as follows:
3. Municipalities and organizations that insure volunteer firefight-
ers, volunteer ambulance workers, MEMBERS OF COMMUNITY EMERGENCY
RESPONSE TEAMS or municipal employees, as the term "employee" is defined
under section eighteen of the public officers law, may extend such
insurance coverage to members of a specialized team by resolution.
4. For the purposes of this section, "specialized teams" shall mean
any emergency team or squad composed of volunteer firefighters, volun-
teer ambulance workers or municipal employees, who shall have attained
the minimum level of training or experience to meet qualifying standards
established by the office of fire prevention and control, and which is
administered by the state, a county, city or town for the purposes of
training for or responding to a man made or natural disaster by carrying
out any activities which are within the relevant training and expertise
of such municipal employees or are authorized pursuant to the volunteer
firefighters' benefit law or the volunteer ambulance workers' benefit
law but which are not normally provided by such entities. SUCH TERM
SHALL ALSO MEAN ANY COMMUNITY EMERGENCY RESPONSE TEAM REGISTERED WITH
A. 10492 14
THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, AND COMPOSED OF
VOLUNTEERS FOR THE PURPOSE OF TRAINING FOR OR RESPONDING TO MAN MADE OR
NATURAL DISASTERS, OR OTHER EMERGENCY SITUATIONS FOR WHICH SUCH TEAM HAS
TRAINING.
S 3. This act shall take effect immediately.
PART H
Section 1. The executive law is amended by adding a new section 13 to
read as follows:
S 13. SUSPENSION OF EXECUTIVE ORDERS, RULES AND REGULATIONS; NATURAL
DISASTER. UPON THE DECLARATION OF A DISASTER IN ANY COUNTY BY THE GOVER-
NOR, HE OR SHE SHALL SUSPEND THE APPLICATION IN SUCH COUNTY OF SUCH
EXECUTIVE ORDERS, RULES AND REGULATIONS AS THE GOVERNOR SHALL DETERMINE
FOR A PERIOD OF NOT LESS THAN TWELVE MONTHS.
S 2. The labor law is amended by adding a new section 222-b to read as
follows:
S 222-B. SUSPENSION OF APPLICATION OF THIS ARTICLE; NATURAL DISASTER.
UPON THE DECLARATION BY THE GOVERNOR OF A DISASTER IN ANY COUNTY, THE
APPLICATION OF THE PROVISIONS OF THIS ARTICLE SHALL BE SUSPENDED FOR A
PERIOD OF NOT LESS THAN THIRTY-SIX MONTHS.
S 3. Section 135 of the state finance law is amended by adding a new
closing paragraph to read as follows:
UPON THE DECLARATION BY THE GOVERNOR OF A DISASTER IN ANY COUNTY, THE
APPLICATION OF THE PROVISIONS OF THIS SECTION SHALL BE SUSPENDED FOR A
PERIOD OF NOT LESS THAN THIRTY-SIX MONTHS.
S 4. Section 101 of the general municipal law is amended by adding a
new subdivision 6 to read as follows:
6. UPON THE DECLARATION BY THE GOVERNOR OF A DISASTER IN ANY COUNTY,
THE APPLICATION OF THE PROVISIONS OF THIS SECTION SHALL BE SUSPENDED FOR
A PERIOD OF NOT LESS THAN THIRTY-SIX MONTHS.
S 5. This act shall take effect immediately.
PART I
Section 1. The real property tax law is amended by adding a new
section 561 to read as follows:
S 561. DISASTER PROPERTY TAX RECOVERY GRANT PROGRAM. 1. FOR THE TAX
YEAR FOLLOWING THE DECLARATION BY THE GOVERNOR OF A DISASTER IN A COUN-
TY, ONE-HALF OF REDUCTION IN REAL PROPERTY TAX REVENUE TO EACH REAL
PROPERTY TAX JURISDICTION IN SUCH COUNTY, WHEN SUCH REDUCTION IS THE
RESULT OF REDUCED REAL PROPERTY ASSESSMENTS CAUSED BY SUCH DISASTER,
SHALL BE A STATE CHARGE, WHICH SHALL BE PAYABLE PURSUANT TO THIS
SECTION.
2. A REAL PROPERTY TAX JURISDICTION SEEKING A GRANT PURSUANT TO THIS
SECTION SHALL SUBMIT AN APPLICATION THEREFOR TO THE COMMISSIONER. THE
APPLICATION SHALL INCLUDE SUCH INFORMATION AS THE COMMISSIONER SHALL
REQUIRE.
3. UPON APPROVING AN APPLICATION FOR A GRANT PURSUANT TO THIS SECTION,
THE COMMISSIONER SHALL COMPUTE AND CERTIFY TO THE REAL PROPERTY TAX
JURISDICTION THE AMOUNT PAYABLE TO SUCH JURISDICTION UPON THE AUDIT AND
WARRANT OF THE STATE COMPTROLLER FROM VOUCHERS CERTIFIED AND APPROVED BY
THE COMMISSIONER.
S 2. This act shall take effect immediately.
S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
A. 10492 15
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if such invalid
provisions had not been included herein.
S 5. This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A through I of this act shall be
as specifically set forth in the last section of such Parts.
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