S T A T E O F N E W Y O R K
________________________________________________________________________
9189
I N A S S E M B L Y
February 2, 2012
___________
Introduced by M. of A. P. LOPEZ -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the Hurricane Irene and Tropical Storm Lee assessment
relief act, in relation to reductions of assessments of disaster
damaged real property; and to amend chapter 56 of the laws of 2011,
creating the Hurricane Irene-Tropical Storm Lee Flood Recovery Grant
program, in relation to establishing criteria for the awarding of
grants to municipalities in accordance with such program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of part G of chapter 56 of the laws of 2011,
constituting the Hurricane Irene and Tropical Storm Lee assessment
relief act, is amended to read as follows:
S 3. Local option. An eligible municipality may exercise the
provisions of this act if its governing body shall, [by the forty-fifth
day] WITHIN ONE YEAR following the date upon which this act is approved
by the governor, pass a resolution adopting the provisions of this act.
S 2. Subdivision (b) of section 4 of part G of chapter 56 of the laws
of 2011, constituting the Hurricane Irene and Tropical Storm Lee assess-
ment relief act, is amended to read as follows:
(b) To receive such relief pursuant to this act, the property owner
shall submit a written request to the assessor within [ninety days] ONE
YEAR following the date upon which this act is approved by the governor.
Such request need not be in a particular format but shall describe in
reasonable detail the damage caused to the property by either Hurricane
Irene or Tropical Storm Lee or both and the condition of the property
following the hurricane or storm or both, and shall be accompanied by
supporting documentation if available.
S 3. Part G of chapter 56 of the laws of 2011, constituting the Hurri-
cane Irene and Tropical Storm Lee assessment relief act, is amended by
adding a new section 5-a to read as follows:
S 5-A. MUNICIPALITIES HELD HARMLESS. EACH PARTICIPATING MUNICIPALITY,
THAT IS WHOLLY OR PARTIALLY CONTAINED WITHIN AN ELIGIBLE COUNTY, WHICH
CAN DEMONSTRATE THAT THE REDUCTION IN ASSESSMENT REVENUES PAYABLE TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14017-03-2
A. 9189 2
SUCH MUNICIPALITY WOULD EQUATE TO A LOCAL REAL PROPERTY TAX LEVY OF TWO
PERCENT OR MORE, SHALL BE HELD HARMLESS BY THE STATE FOR ANY REDUCTION
IN ASSESSMENT REVENUES INCURRED DUE TO THE PROVISIONS OF THIS ACT.
S 4. Subdivision 3 of section 1 of part H of chapter 56 of the laws
of 2011, creating the Hurricane Irene-Tropical Storm Lee Flood Recovery
Grant program, is amended to read as follows:
3. The director of the budget, in consultation with the temporary
president of the senate and the speaker of the assembly, shall develop a
plan and criteria regarding distribution of funding to municipalities
located in an area which was included in a federal disaster declaration
for either Hurricane Irene or Tropical Storm Lee. THE CRITERIA SHALL
INCLUDE, BUT NOT BE LIMITED TO, AN APPLICATION PROCESS FOR MUNICI-
PALITIES IN THE DESIGNATED AREA TO APPLY FOR FUNDS TO SUPPORT THE LOSS
IN TAX REVENUE INCURRED UNDER THE HURRICANE IRENE AND TROPICAL STORM LEE
ASSESSMENT RELIEF ACT. Such program shall not exceed $20,000,000, AND A
PORTION OF THESE FUNDS SHALL BE USED TO SUPPORT MUNICIPALITIES THAT
INCUR A LOSS OF TAX REVENUE AS A RESULT OF HURRICANE IRENE AND TROPICAL
STORM LEE. The director of the budget may direct and authorize any
other state agency to assist in administration and distribution of these
funds.
S 5. This act shall take effect immediately.