Senate Bill S4661A

2011-2012 Legislative Session

Relates to the income criteria for the use of funds from the greater Catskills flood remediation program

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to local government returned to senate died in assembly
Jun 13, 2011	referred to housing delivered to assembly passed senate
May 24, 2011	advanced to third reading
May 23, 2011	2nd report cal.
May 18, 2011	1st report cal.779
May 06, 2011	print number 4661a
May 06, 2011	amend and recommit to local government
Apr 14, 2011	referred to local government

Votes

- Jun 13, 2011 - Floor Vote
  S4661A
  
  Aye
  
  61
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Jun 13, 2011
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (1)
      
      Zeldin
  May 18, 2011 - Local Government Committee Vote
  S4661A
  
  Aye
  
  8
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Local Government Committee Vote: May 18, 2011
      
      aye (8)
      
      Ball
      
      Klein
      
      Little
      
      Martins
      
      McDonald
      
      Oppenheimer
      
      Ritchie
      
      Stewart-Cousins

Bill Amendments

2011-S4661 - Details

See Assembly Version of this Bill:: A7609
Current Committee:: Senate Local Government
Law Section:: Counties
Laws Affected:: Amd §3, Chap 57 of 2008

2011-S4661 - Summary

Relates to the income criteria for the use of funds from the greater Catskills flood remediation program.

2011-S4661 - Sponsor Memo

                                BILL NUMBER:S4661

TITLE OF BILL:
An act
to amend part NN of chapter 57 of the laws of 2008 relating to
authorizing the New York state mortgage agency to transfer certain
moneys, in relation to income criteria for the use of funds from the
greater Catskills flood remediation program

PURPOSE OR GENERAL IDEA OF BILL:
To increase the income ceiling for those who qualify to have their
homes purchased with these funds from 150% of the Area Median Income
to 300% of the Area Median Income.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends Section 3 of part NN of chapter 57 of the laws of
2008 as amended by section 1 of part X of chapter 58 of
the laws of 2011 to
increase the maximum income for a homeowner to qualify for the
purchase of their home under the greater Catskills flood remediation
program from 150% of the Area Median Income to 300% of the Area
Median Income.

Section 2: Effective Date

JUSTIFICATION:

The Catskills have been subject to substantial flooding over the last
several years. While various persons blame other persons for the
action, the reality is year in and year out, families were being
victimized by the flooding and lives were being lost. The Legislature
enacted the Greater Catskills Flood Remediation Program which
allocated $15 million to purchase homes where the owner was subject
to flooding. The time to apply for that funding and meet the
guidelines has expired. Dozens of homes have been bought out or are
under contract and expected to be bought out. There remains
approximately $4 million from the program available. The 2011-12
State Budget reallocated that funding to Ulster County to purchase
homes which experience seepage near the leaking New York City
aqueducts. This legislation seeks to raise the income ceiling for
those homeowners who will qualify for the buyouts available through
this program to better ensure that all homeowners affected by the
leaking New York City aqueducts are able to obtain relief under this
buyout program.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
No new funds are utilized. Rather, existing funds are being
redistributed since not all funds have been used.

EFFECTIVE DATE:
Immediately.

2011-S4661 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4661

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend part NN of chapter 57 of the laws of  2008  relating  to
  authorizing  the  New  York  state mortgage agency to transfer certain
  moneys, in relation to income criteria for the use of funds  from  the
  greater Catskills flood remediation 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 NN of chapter 57  of  the  laws  of  2008
relating  to  authorizing the New York state mortgage agency to transfer
certain moneys, as amended by section 1 of part X of chapter 58  of  the
laws of 2011, is amended to read as follows:
  S 3. (a) Within the amounts transferred to the corporation pursuant to
section  one  of  this  act  for the greater Catskills flood remediation
program, the corporation shall provide funds to the counties of  Broome,
Chenango,  Delaware,  Herkimer,  Montgomery,  Orange, Otsego, Schoharie,
Sullivan, Tioga and Ulster, upon application by a county and within  the
amounts  available  for disbursement to such county, to enable the coun-
ties to purchase and demolish one or two family  homes  that  have  been
certified  by  the local building inspector and county emergency manage-
ment director, to the satisfaction of the corporation,  as  having  been
subject  to one or more incidents of flooding since April 1, 2004 and as
likely to be subject  to  a  future  flood  incident  that  would  cause
substantial damage thereto. Any application by a county for disbursement
of  funds  under  this act shall demonstrate, to the satisfaction of the
corporation, that: (1) the home is occupied as the primary residence  of
an owner with a family income of up to [one hundred fifty] THREE HUNDRED
percent  of  the  area  median  income  as  defined by the United States
department of housing and urban development, provided, however, that  an
otherwise eligible home shall be eligible for purchase under this act if
the  current  owner  can  demonstrate  that the home was occupied as the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10756-01-1

S. 4661                             2

owner's primary residence prior to a flood event that rendered the  home
unsuitable  for  habitation; (2) the current appraised value of the home
does not exceed two hundred fifty  thousand  dollars  and  the  purchase
price  for  the home will not exceed the appraised value less the amount
of any property casualty insurance or disaster relief payments  received
by  the  owner  as compensation for damage incurred in a flood incident;
(3) all recorded liens  or  other  encumbrances  on  the  home  will  be
released  at  closing;  (4) the county provides assurances that the home
will be condemned and the property will be dedicated and  maintained  in
perpetuity  for  a use that is compatible with open space, recreational,
flood mitigation or wetlands management practices; and (5) disbursements
under this section shall be limited  to  the  costs  of  acquisition  of
eligible  homes,  including legal, appraisal, recording and other trans-
action costs, and the costs of  demolition.    In  selecting  homes  for
purchase  pursuant  to  this  act,  each county shall give preference to
homes with a current appraised value of  less  than  one  hundred  fifty
thousand  dollars  and  to  homes  that have been subject to two or more
incidents of flooding since April 1, 2004. The corporation shall  estab-
lish  policies  and procedures consistent with this section, which shall
include county reporting requirements, and shall report to the governor,
the speaker of the assembly, the temporary president of the  senate  and
the  director  of  the  division of the budget on or before December 31,
2008 regarding the implementation of this section. Of the amounts trans-
ferred to the corporation pursuant to  section  one  of  this  act,  the
amounts  disbursed to counties pursuant to this section shall not exceed
the following amounts: Broome, $750,000; Chenango,  $750,000;  Delaware,
$2,000,000;    Herkimer,   $750,000;   Montgomery,   $750,000;   Orange,
$2,000,000; Otsego, $750,000; Schoharie, $750,000; Sullivan, $3,750,000;
Tioga, $750,000; and Ulster, $2,000,000.
  (b) Any funds not under contract or grant agreement between any county
provided for by this section and the state of New York  or  any  of  its
divisions or agencies on or by January 1, 2010 may be used, upon a find-
ing  by the corporation that such funds are available, by Ulster county,
whether the funds are allocated to such  county  or  to  another  county
under  this program, to purchase and demolish homes which otherwise meet
the requirements of subdivision (a) of this section and  are  in  Ulster
county,  and/or  otherwise  purchase  homes  which  are  valued at under
$250,000 upon a finding by the corporation that: (1) the homes have been
subjected to seepage of water into the homes either through the walls or
foundation of such home or water otherwise enters into  the  home  other
than  through pipes intended for such purpose, and (2) the home is situ-
ated within two miles of an underground aqueduct  owned,  maintained  or
operated  by  the  city  of New York or any board, agency, department or
bureau thereof and is used for the transport of drinking  water  to  the
city  of New York.  In making determinations of which homes to purchase,
the county shall first seek to expend  funds  to  purchase  those  homes
which meet the requirements enumerated in paragraphs one and two of this
subdivision.
  S 2. This act shall take effect immediately.

2011-S4661A (ACTIVE) - Details

See Assembly Version of this Bill:: A7609
Current Committee:: Senate Local Government
Law Section:: Counties
Laws Affected:: Amd §3, Chap 57 of 2008

2011-S4661A (ACTIVE) - Summary

Relates to the income criteria for the use of funds from the greater Catskills flood remediation program.

2011-S4661A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4661A

TITLE OF BILL:
An act
to amend part NN of chapter 57 of the laws of 2008 relating to
authorizing the New York state mortgage agency to transfer certain
moneys, in relation to income criteria for the use of funds from the
greater Catskills flood remediation program

PURPOSE OR GENERAL IDEA OF BILL:
To remove the income ceiling for those who qualify to have their homes
purchased with these funds.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends Section 3 of part NN of chapter 57 of the laws
of 2008 as amended by section 1 of part X of chapter 58 of the laws of
2011 to remove the maximum income requirement for a homeowner to
qualify for the purchase of their home under the greater Catskills
flood remediation program of 150% of the Area Median Income.

Section 2: Effective Date

JUSTIFICATION:
The Catskills have been subject to substantial flooding over the last
several years. While various persons blame other persons for the
action, the reality is year in and year out, families were being

victimized by the flooding and lives were being lost. The Legislature
enacted the Greater Catskills Flood Remediation Program which
allocated $15 million to purchase homes where the owner was subject
to flooding. The time to apply for that funding and meet the
guidelines has expired. Dozens of homes have been bought out or are
under contract and expected to be bought out. There remains
approximately $4 million from the program available. The 2011-12
State Budget reallocated that funding to Ulster County to purchase
homes which experience seepage near the leaking New York City
aqueducts. This legislation seeks to remove the income ceiling for
those homeowners who will quality for the buyouts available through
this program to better ensure that all homeowners affected by the
leaking New York City aqueducts are able to obtain relief under this
buyout program.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
No new funds are utilized. Rather, existing funds are being
redistributed since not all funds have been used.

EFFECTIVE DATE:
Immediately.

2011-S4661A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4661--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend part NN of chapter 57 of the laws of  2008  relating  to
  authorizing  the  New  York  state mortgage agency to transfer certain
  moneys, in relation to income criteria for the use of funds  from  the
  greater Catskills flood remediation 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 NN of chapter 57  of  the  laws  of  2008
relating  to  authorizing the New York state mortgage agency to transfer
certain moneys, as amended by section 1 of part X of chapter 58  of  the
laws of 2011, is amended to read as follows:
  S 3. (a) Within the amounts transferred to the corporation pursuant to
section  one  of  this  act  for the greater Catskills flood remediation
program, the corporation shall provide funds to the counties of  Broome,
Chenango,  Delaware,  Herkimer,  Montgomery,  Orange, Otsego, Schoharie,
Sullivan, Tioga and Ulster, upon application by a county and within  the
amounts  available  for disbursement to such county, to enable the coun-
ties to purchase and demolish one or two family  homes  that  have  been
certified  by  the local building inspector and county emergency manage-
ment director, to the satisfaction of the corporation,  as  having  been
subject  to one or more incidents of flooding since April 1, 2004 and as
likely to be subject  to  a  future  flood  incident  that  would  cause
substantial damage thereto. Any application by a county for disbursement
of  funds  under  this act shall demonstrate, to the satisfaction of the
corporation, that: (1) the home is occupied as the primary residence  of
an owner [with a family income of up to one hundred fifty percent of the
area median income as defined by the United States department of housing
and  urban  development],  provided, however, that an otherwise eligible

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10756-02-1

S. 4661--A                          2

home shall be eligible for purchase under this act if the current  owner
can  demonstrate that the home was occupied as the owner's primary resi-
dence prior to a flood event that rendered the home unsuitable for habi-
tation;  (2) the current appraised value of the home does not exceed two
hundred fifty thousand dollars and the purchase price for the home  will
not  exceed the appraised value less the amount of any property casualty
insurance or disaster relief payments received by the owner  as  compen-
sation  for  damage incurred in a flood incident; (3) all recorded liens
or other encumbrances on the home will be released at closing;  (4)  the
county provides assurances that the home will be condemned and the prop-
erty  will  be  dedicated and maintained in perpetuity for a use that is
compatible with open space, recreational, flood mitigation  or  wetlands
management  practices; and (5) disbursements under this section shall be
limited to the costs of acquisition of eligible homes, including  legal,
appraisal, recording and other transaction costs, and the costs of demo-
lition.    In  selecting  homes  for purchase pursuant to this act, each
county shall give preference to homes with a current appraised value  of
less than one hundred fifty thousand dollars and to homes that have been
subject  to  two  or more incidents of flooding since April 1, 2004. The
corporation shall establish policies and procedures consistent with this
section, which shall include county reporting  requirements,  and  shall
report to the governor, the speaker of the assembly, the temporary pres-
ident of the senate and the director of the division of the budget on or
before  December  31, 2008 regarding the implementation of this section.
Of the amounts transferred to the corporation pursuant to section one of
this act, the amounts disbursed to counties  pursuant  to  this  section
shall  not  exceed  the  following  amounts: Broome, $750,000; Chenango,
$750,000;  Delaware,   $2,000,000;   Herkimer,   $750,000;   Montgomery,
$750,000;  Orange,  $2,000,000;  Otsego,  $750,000; Schoharie, $750,000;
Sullivan, $3,750,000; Tioga, $750,000; and Ulster, $2,000,000.
  (b) Any funds not under contract or grant agreement between any county
provided for by this section and the state of New York  or  any  of  its
divisions or agencies on or by January 1, 2010 may be used, upon a find-
ing  by the corporation that such funds are available, by Ulster county,
whether the funds are allocated to such  county  or  to  another  county
under  this program, to purchase and demolish homes which otherwise meet
the requirements of subdivision (a) of this section and  are  in  Ulster
county,  and/or  otherwise  purchase  homes  which  are  valued at under
$250,000 upon a finding by the corporation that: (1) the homes have been
subjected to seepage of water into the homes either through the walls or
foundation of such home or water otherwise enters into  the  home  other
than  through pipes intended for such purpose, and (2) the home is situ-
ated within two miles of an underground aqueduct  owned,  maintained  or
operated  by  the  city  of New York or any board, agency, department or
bureau thereof and is used for the transport of drinking  water  to  the
city  of New York.  In making determinations of which homes to purchase,
the county shall first seek to expend  funds  to  purchase  those  homes
which meet the requirements enumerated in paragraphs one and two of this
subdivision.
  S 2. This act shall take effect immediately.

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Senate Bill S4661A

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

Votes

Jun 13, 2011 - Floor Vote

Floor Vote: Jun 13, 2011

May 18, 2011 - Local Government Committee Vote

Local Government Committee Vote: May 18, 2011

Bill Amendments

2011-S4661 - Details

2011-S4661 - Summary

2011-S4661 - Sponsor Memo

2011-S4661 - Bill Text download pdf

2011-S4661A (ACTIVE) - Details

2011-S4661A (ACTIVE) - Summary

2011-S4661A (ACTIVE) - Sponsor Memo

2011-S4661A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

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Senate Bill S4661A

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Sponsored By

John J. Bonacic

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

Votes

Bill Amendments

2011-S4661 - Details

2011-S4661 - Summary

2011-S4661 - Sponsor Memo

2011-S4661 - Bill Text download pdf

2011-S4661A (ACTIVE) - Details

2011-S4661A (ACTIVE) - Summary

2011-S4661A (ACTIVE) - Sponsor Memo

2011-S4661A (ACTIVE) - Bill Text download pdf

Comments