S T A T E O F N E W Y O R K
________________________________________________________________________
S. 5182--A A. 7352--A
2015-2016 Regular Sessions
S E N A T E - A S S E M B L Y
May 6, 2015
___________
IN SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Veterans,
Homeland Security and Military Affairs -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
IN ASSEMBLY -- Introduced by M. of A. SANTABARBARA -- read once and
referred to the Committee on Governmental Operations -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the executive law, in relation to establishing the
disaster-related latent damage recovery grant program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 719 to
read as follows:
S 719. DISASTER-RELATED LATENT DAMAGE RECOVERY GRANT PROGRAM. 1.
THERE IS HEREBY ESTABLISHED THE DISASTER-RELATED LATENT DAMAGE RECOVERY
GRANT PROGRAM TO BE ADMINISTERED BY THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES.
2. PROJECTS ELIGIBLE FOR PROGRAM GRANTS SHALL BE LIMITED TO PROJECTS
TO REPAIR LATENT DAMAGE TO PUBLIC INFRASTRUCTURE, INCLUDING
PUBLICLY-OWNED ROADS, BRIDGES, DRAINAGE AND FLOOD MITIGATION SYSTEMS,
ELECTRICAL AND MECHANICAL SYSTEMS AND COMMUNICATION SYSTEMS, AND ANY
ANCILLARY INFRASTRUCTURE NECESSARY FOR THE SAFE OPERATION OF THE COMPO-
NENTS THEREOF, WHERE SUCH DAMAGE WAS THE RESULT OF A NATURAL DISASTER
FOR WHICH THE GOVERNOR OF THE STATE OF NEW YORK MADE A DECLARATION OF A
STATE OF EMERGENCY. FOR PURPOSES OF THIS SECTION, "LATENT DAMAGE" SHALL
BE DEFINED AS DAMAGE THAT WAS NOT REASONABLY APPARENT DURING ANY INITIAL
DAMAGE ASSESSMENTS. IN NO EVENT SHALL GRANTS BE AWARDED FOR, NOR SHALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10201-03-5
S. 5182--A 2 A. 7352--A
GRANT MONEY BE USED FOR, INFRASTRUCTURE REPAIRS THAT ARE REQUIRED DUE TO
NORMAL USE AND WEAR AND TEAR.
3. THE DIRECTOR OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES SHALL ESTABLISH PROCEDURES FOR RECEIPT OF APPLICATIONS FROM
MUNICIPALITIES AND FOR THE ISSUANCE OF GRANTS AUTHORIZED BY THIS SECTION
WITHIN AVAILABLE APPROPRIATIONS. APPLICATION FOR SUCH GRANTS SHALL BE
SUBMITTED NO MORE THAN SEVEN YEARS, BUT NO LESS THAN ONE YEAR, AFTER THE
GOVERNOR'S DECLARATION OF THE STATE OF EMERGENCY THAT RENDERS A MUNICI-
PALITY ELIGIBLE FOR GRANTS AUTHORIZED BY THIS SECTION. IN NO EVENT SHALL
GRANTS EXCEED TEN PERCENT OF THE SUM OF ANY STATE OR FEDERAL DISASTER
ASSISTANCE MONIES GRANTED TO A MUNICIPALITY AS A RESULT OF A NATURAL
DISASTER THAT WERE AWARDED PRIOR TO AN APPLICATION FOR A GRANT STEMMING
FROM THE SAME NATURAL DISASTER. IN NO EVENT SHALL A MUNICIPALITY RECEIVE
A GRANT IN EXCESS OF TEN MILLION DOLLARS IN A GIVEN CALENDAR YEAR.
4. FUNDING FOR SUCH PROGRAM SHALL CONSIST OF ALL REVENUE RECEIVED
PURSUANT TO AN APPROPRIATION THERETO, AND ALL OTHER MONIES APPROPRIATED,
CREDITED OR TRANSFERRED FROM ANY OTHER SOURCE PURSUANT TO LAW. NOTHING
IN THIS SECTION SHALL BE DEEMED TO PREVENT THE STATE FROM RECEIVING
GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSE OF THE PROGRAM. GRANTS SHALL
ONLY BE AWARDED BASED UPON THE AVAILABILITY OF FUNDS.
S 2. This act shall take effect on April 1, 2016; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date is authorized and directed to be made and completed on or
before such effective date.