S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3848
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2019
                                ___________
 
 Introduced  by  Sens.  HELMING,  ORTT, RITCHIE, ROBACH -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Veterans, Homeland Security 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:
 
   Section  1.  Section  6 of the military law is amended by adding a new
 subdivision 3 to read as follows:
   3. UPON THE REQUEST OF THE SHERIFF OF AN IMPACTED COUNTY, OR UPON  THE
 REQUEST  OF ANY COUNTY LEGISLATURE OR COUNTY BOARD OF SUPERVISORS IN ANY
 IMPACTED COUNTY, OR UPON THE REQUEST OF A MAYOR OF ANY CITY  OR  VILLAGE
 IN  ANY IMPACTED COUNTY, OR UPON THE REQUEST OF A SUPERVISOR OF ANY TOWN
 IN ANY IMPACTED COUNTY, THE GOVERNOR MAY ORDER INTO THE  ACTIVE  SERVICE
 OF  THE  STATE, FOR SUCH PERIOD, TO SUCH EXTENT AND IN SUCH MANNER AS HE
 MAY DEEM NECESSARY, ALL OR ANY PART OF THE ORGANIZED MILITIA, IN ACCORD-
 ANCE WITH THE PROVISIONS AND PURPOSES OF THE LAKE  ONTARIO-ST.  LAWRENCE
 RIVER  FLOOD  PREVENTION,  RESPONSE AND RECOVERY PROGRAM AS SET FORTH IN
 ARTICLE FIVE OF THIS CHAPTER.  THE  COMPENSATION  OF  ALL  OFFICERS  AND
 ENLISTED  MEN,  WHILE ON DUTY OR ASSEMBLED PURSUANT TO THIS SUBDIVISION,
 AND ALL EXPENSES INCURRED IN CONNECTION WITH SUCH DUTY OR  AS  A  RESULT
 THEREOF  SHALL  BE  PAID IN THE MANNER PRESCRIBED BY SECTION TWO HUNDRED
 TWELVE-A OF THIS  CHAPTER.  FOR  PURPOSES  OF  THIS  SECTION,  THE  TERM
 "IMPACTED  COUNTY"  SHALL  MEAN  NIAGARA  COUNTY, ORLEANS COUNTY, MONROE
 COUNTY, WAYNE COUNTY, CAYUGA COUNTY,  ONONDAGA  COUNTY,  OSWEGO  COUNTY,
 JEFFERSON  COUNTY,  ST.  LAWRENCE COUNTY, AND/OR FRANKLIN COUNTY, IF AND
 WHEN SUCH COUNTY OR COUNTIES HAVE SUSTAINED AN IMPACT  DUE  TO  FLOODING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04985-01-9
              

 S. 3848                             2
 
 CAUSED  AT LEAST IN PART BY THE RISING LEVELS OF LAKE ONTARIO OR THE ST.
 LAWRENCE RIVER, OR THEIR ADJOINING WATERWAYS.
   §  2. The military law is amended by adding a new article 5 to read as
 follows:
                                 ARTICLE V
        LAKE ONTARIO-ST. LAWRENCE RIVER FLOOD PREVENTION, RESPONSE
                           AND RECOVERY PROGRAM
 SECTION 100. LAKE ONTARIO-ST. LAWRENCE RIVER FLOOD PREVENTION,  RESPONSE
                AND RECOVERY PROGRAM
   §  100. LAKE ONTARIO-ST. LAWRENCE RIVER FLOOD PREVENTION, RESPONSE AND
 RECOVERY PROGRAM. THERE IS HEREBY ESTABLISHED WITHIN THE DIVISION, UNDER
 THE COMMAND, CONTROL AND DIRECTION  OF  THE  ADJUTANT  GENERAL,  A  LAKE
 ONTARIO-ST.  LAWRENCE  RIVER  FLOOD  PREVENTION,  RESPONSE  AND RECOVERY
 PROGRAM. IT SHALL BE THE  PURPOSE  OF  THIS  PROGRAM  TO  PROVIDE  FLOOD
 PREVENTION,  RESPONSE  AND RECOVERY SERVICES TO THE PERSONS, HOMEOWNERS,
 BUSINESS OWNERS, EMPLOYEES AND LOCALITIES OF AN IMPACTED COUNTY, IN  THE
 EVENT  OF  FLOODING CAUSED AT LEAST IN PART BY THE RISING LEVELS OR LAKE
 ONTARIO OR THE ST. LAWRENCE RIVER, OR  THEIR  ADJOINING  WATERWAYS.  FOR
 PURPOSES  OF THIS SECTION, THE TERM "IMPACTED COUNTY" SHALL MEAN NIAGARA
 COUNTY, ORLEANS COUNTY, MONROE  COUNTY,  WAYNE  COUNTY,  CAYUGA  COUNTY,
 ONONDAGA  COUNTY,  OSWEGO COUNTY, JEFFERSON COUNTY, ST. LAWRENCE COUNTY,
 AND/OR FRANKLIN COUNTY,  IF  AND  WHEN  SUCH  COUNTY  OR  COUNTIES  HAVE
 SUSTAINED  AN  IMPACT  DUE  TO  FLOODING  CAUSED AT LEAST IN PART BY THE
 RISING LEVELS OF LAKE ONTARIO  OR  THE  ST.  LAWRENCE  RIVER,  OR  THEIR
 ADJOINING WATERWAYS.
   1.  IN  ACCORDANCE WITH A CALL BY THE GOVERNOR PURSUANT TO SUBDIVISION
 THREE OF SECTION SIX OF THIS CHAPTER, THE ADJUTANT GENERAL SHALL RESPOND
 TO A REQUEST FOR, AND SHALL  PROVIDE,  FLOOD  PREVENTION,  RESPONSE  AND
 RECOVERY SERVICES IN ANY IMPACTED COUNTY. SUCH SERVICES SHALL INCLUDE:
   A. PREVENTION SERVICES. THE ADJUTANT GENERAL SHALL DIRECT THE PERFORM-
 ANCE  OF  ANY SERVICES THAT WOULD ASSIST IN THE PREVENTION OR MITIGATION
 OF THE IMPACT OF FLOODING CAUSED AT LEAST IN PART BY THE  RISING  LEVELS
 OF LAKE ONTARIO OR THE ST. LAWRENCE RIVER, OR THEIR ADJOINING WATERWAYS.
 SUCH SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  PROVIDING PERSONNEL, MATERIAL AND LOGISTICAL SUPPORT IN DEPLOYING
 MEASURES TO PREVENT OR MITIGATE ANY EFFECTS OF FLOODING,  INCLUDING  BUT
 NOT  LIMITED  TO,  THE  PROCUREMENT,  FILING AND PLACEMENT OF SAND BAGS;
 PROCUREMENT AND DEPLOYMENT OF FLOOD  BOOMS;  AND  THE  CONSTRUCTION  AND
 PLACEMENT OF LEVIES, SEAWALLS, FLOOD BARRIERS, WATER DIVERSION CHANNELS,
 OR   OTHER  EMERGENCY  OR  PERMANENT  FLOOD  ARRESTING,  CONTROLLING  OR
 PROTECTION MEASURES;
   (II) THE DEVELOPMENT, IN CONSULTATION WITH  THE  STATE  DEPARTMENT  OF
 ENVIRONMENTAL  CONSERVATION, THE STATE DIVISION OF HOMELAND SECURITY AND
 EMERGENCY SERVICES, THE DIVISION OF STATE  POLICE,  AND  ALL  THE  LOCAL
 GOVERNMENTS  OF  NIAGARA  COUNTY,  ORLEANS  COUNTY, MONROE COUNTY, WAYNE
 COUNTY, CAYUGA COUNTY, ONONDAGA COUNTY, OSWEGO COUNTY, JEFFERSON COUNTY,
 ST. LAWRENCE COUNTY, AND  FRANKLIN  COUNTY,  OF  A  LAKE/RIVER  FLOODING
 PREVENTION  ACTION  PLAN, THAT IDENTIFIES POTENTIAL FLOODING HAZARDS AND
 CONDITIONS  AND  MAKES  RECOMMENDATIONS  CONCERNING  ACTIONS  THAT  WILL
 PREVENT  AND/OR  MITIGATE  SUCH  HAZARDS  AND  EFFECTIVELY  EXECUTE SUCH
 PREVENTION PLAN; AND
   (III) SUCH OTHER AND  FURTHER  PREVENTION  SERVICES  AS  THE  ADJUTANT
 GENERAL, IN CONSULTATION WITH THE LOCAL GOVERNMENTS OF NIAGARA, ORLEANS,
 MONROE,  WAYNE,  CAYUGA, ONONDAGA, OSWEGO, JEFFERSON, ST.  LAWRENCE, AND
 FRANKLIN COUNTIES MAY DEEM NECESSARY, EFFECTIVE, PRUDENT AND/OR  EXPEDI-

 S. 3848                             3
 
 ENT  TO  EFFECTIVELY ACCOMPLISH THE PURPOSES OF THIS PROGRAM AND PROVIDE
 MEANINGFUL PREVENTION SERVICES.
   B.  RESPONSE  SERVICES. THE ADJUTANT GENERAL SHALL DIRECT THE PERFORM-
 ANCE OF ANY SERVICES THAT WOULD  ASSIST  IN  THE  RESPONSE  TO  FLOODING
 CAUSED  AT LEAST IN PART BY THE RISING LEVELS OF LAKE ONTARIO OR THE ST.
 LAWRENCE RIVER,  OR  THEIR  ADJOINING  WATERWAYS.  SUCH  SERVICES  SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (I)  PROVIDING PERSONNEL, MATERIAL AND LOGISTICAL SUPPORT IN DEPLOYING
 MEASURES TO IMMEDIATELY RESPOND TO ANY EFFECTS  OF  FLOODING,  INCLUDING
 BUT  NOT LIMITED TO, THE PROCUREMENT, FILING AND PLACEMENT OF SAND BAGS;
 PROCUREMENT AND DEPLOYMENT OF FLOOD BOOMS; THE CONSTRUCTION  AND  PLACE-
 MENT  OF  LEVIES, SEAWALLS, FLOOD BARRIERS, WATER DIVERSION CHANNELS, OR
 OTHER  EMERGENCY  FLOOD  ARRESTING  OR  CONTROLLING  MEASURES;  AND  THE
 PROVISION  OF  RESCUE,  SUPPORT  AND EMERGENCY RELIEF SERVICES FOR THOSE
 PERSONS IN AN IMPACTED COUNTY WHOSE HOME, BUSINESS, LIFE OR PROPERTY ARE
 ENDANGERED BY FLOODING;
   (II) THE DEVELOPMENT, IN CONSULTATION WITH  THE  STATE  DEPARTMENT  OF
 ENVIRONMENTAL  CONSERVATION, THE STATE DIVISION OF HOMELAND SECURITY AND
 EMERGENCY SERVICES, THE DIVISION OF STATE  POLICE,  AND  ALL  THE  LOCAL
 GOVERNMENTS  OF  NIAGARA  COUNTY,  ORLEANS  COUNTY, MONROE COUNTY, WAYNE
 COUNTY, CAYUGA COUNTY, ONONDAGA COUNTY, OSWEGO COUNTY, JEFFERSON COUNTY,
 ST. LAWRENCE COUNTY, AND  FRANKLIN  COUNTY,  OF  A  LAKE/RIVER  FLOODING
 RESPONSE  ACTION  PLAN, THAT IDENTIFIES POTENTIAL REQUIRED RESPONSES AND
 MAKES RECOMMENDATIONS CONCERNING ACTION  STEPS  TO  EFFECTIVELY  EXECUTE
 SUCH RESPONSE PLAN; AND
   (III)  SUCH OTHER AND FURTHER RESPONSE SERVICES AS THE ADJUTANT GENER-
 AL, IN CONSULTATION WITH THE  LOCAL  GOVERNMENTS  OF  NIAGARA,  ORLEANS,
 MONROE,  WAYNE,  CAYUGA, ONONDAGA, OSWEGO, JEFFERSON, ST.  LAWRENCE, AND
 FRANKLIN COUNTIES MAY DEEM NECESSARY, EFFECTIVE, PRUDENT AND/OR  EXPEDI-
 ENT  TO  EFFECTIVELY ACCOMPLISH THE PURPOSES OF THIS PROGRAM AND PROVIDE
 MEANINGFUL RESPONSE SERVICES.
   C. RECOVERY SERVICES. THE ADJUTANT GENERAL SHALL DIRECT  THE  PERFORM-
 ANCE  OF  ANY SERVICES THAT WOULD ASSIST IN THE RECOVERY FROM THE IMPACT
 OF FLOODING CAUSED AT LEAST IN PART BY THE RISING LEVELS OF LAKE ONTARIO
 OR THE ST. LAWRENCE RIVER, OR THEIR ADJOINING WATERWAYS.  SUCH  SERVICES
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  PROVIDING PERSONNEL, MATERIAL AND LOGISTICAL SUPPORT IN DEPLOYING
 MEASURES TO IMMEDIATELY ASSIST PERSONS,  BUSINESSES  AND  LOCALITIES  TO
 RECOVER  FROM ANY ADVERSE EFFECTS OF FLOODING, INCLUDING BUT NOT LIMITED
 TO, THE CONSTRUCTION OR RECONSTRUCTION OF INFRASTRUCTURE, TRANSPORTATION
 SYSTEMS, LEVIES, SEAWALLS, FLOOD BARRIERS, WATER DIVERSION CHANNELS,  OR
 OTHER  FLOOD  ARRESTING  OR  CONTROLLING  MEASURES; AND THE PROVISION OF
 RECOVERY, SUPPORT AND RELIEF SERVICES FOR THOSE PERSONS IN  AN  IMPACTED
 COUNTY  WHOSE  HOME, BUSINESS, LIFE OR PROPERTY ARE ENDANGERED BY FLOOD-
 ING, AND THE STABILIZATION AND  MITIGATION  OF  DAMAGE  CAUSED  BY  SUCH
 FLOODING;
   (II)  THE  DEVELOPMENT,  IN  CONSULTATION WITH THE STATE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION, THE STATE DIVISION OF HOMELAND SECURITY  AND
 EMERGENCY  SERVICES,  THE  DIVISION  OF  STATE POLICE, AND ALL THE LOCAL
 GOVERNMENTS OF NIAGARA COUNTY,  ORLEANS  COUNTY,  MONROE  COUNTY,  WAYNE
 COUNTY, CAYUGA COUNTY, ONONDAGA COUNTY, OSWEGO COUNTY, JEFFERSON COUNTY,
 ST.  LAWRENCE  COUNTY,  AND  FRANKLIN  COUNTY,  OF A LAKE/RIVER FLOODING
 RECOVERY ACTION PLAN, THAT IDENTIFIES POTENTIAL REQUIRED RECOVERY  MEAS-
 URES AND MAKES RECOMMENDATIONS CONCERNING ACTIONS TO EFFECTIVELY EXECUTE
 SUCH RECOVERY PLAN; AND

 S. 3848                             4
 
   (III)  SUCH OTHER AND FURTHER RECOVERY SERVICES AS THE ADJUTANT GENER-
 AL, IN CONSULTATION WITH THE  LOCAL  GOVERNMENTS  OF  NIAGARA,  ORLEANS,
 MONROE,  WAYNE,  CAYUGA, ONONDAGA, OSWEGO, JEFFERSON, ST.  LAWRENCE, AND
 FRANKLIN COUNTIES MAY DEEM NECESSARY, EFFECTIVE, PRUDENT AND/OR  EXPEDI-
 ENT  TO  EFFECTIVELY ACCOMPLISH THE PURPOSES OF THIS PROGRAM AND PROVIDE
 MEANINGFUL RECOVERY SERVICES.
   2. IN EXECUTING THE PROVISION OF FLOOD PREVENTION, RESPONSE AND RECOV-
 ERY SERVICES UNDER THIS PROGRAM, THE  ADJUTANT  GENERAL  MAY  CALL  UPON
 ASSISTANCE  FROM ANY DEPARTMENT, AGENCY, DIVISION, OFFICE, COMMISSION OR
 PUBLIC AUTHORITY IN THE STATE GOVERNMENT, AND SHALL  FURTHER  COORDINATE
 SUCH  SERVICES  WITH  ALL  LOCAL  GOVERNMENTS WITHIN THE IMPACTED COUNTY
 RECEIVING SUCH SERVICES. THE ADJUTANT, IN HIS DISCRETION  AND  JUDGMENT,
 MAY ALSO INVITE THE PARTICIPATION OF FEDERAL OR OUT OF STATE ENTITIES TO
 ASSIST  HIM IN ACCOMPLISHING THE PURPOSES OF THIS PROGRAM, INCLUDING BUT
 NOT LIMITED TO, THE ARMY CORPS OF ENGINEERS, THE UNITED  STATES  DEPART-
 MENT  OF  HOMELAND  SECURITY, THE UNITED STATES DEPARTMENT OF STATE, THE
 UNITED STATES DEPARTMENT OF DEFENSE, OR ANY OF  ITS  COMPONENT  COMMANDS
 THEREOF,  AND  ANY  SUCH OTHER FEDERAL OR OUT OF STATE ENTITIES AS HE OR
 SHE MAY DEEM NECESSARY, EFFECTIVE, PRUDENT AND/OR EXPEDIENT.
   3. THE ADJUTANT GENERAL MAY MAKE REQUESTS FOR  FINANCING  SUPPORT  FOR
 ANY  OF  THE  CONSTRUCTION  PROJECTS  PERFORMED  IN  ACCORDANCE WITH THE
 PROGRAM ESTABLISHED BY THIS SECTION FROM THE NEW YORK STATE URBAN DEVEL-
 OPMENT CORPORATION. THE PRINCIPAL AND INTEREST FOR ANY  BONDS  OR  NOTES
 ISSUED FOR SUCH FINANCING BY THE NEW YORK STATE URBAN DEVELOPMENT CORPO-
 RATION  SHALL BE PAID FROM THE STATE OPERATIONS SPECIAL EMERGENCY APPRO-
 PRIATION THROUGH A TRANSFER BY THE  GOVERNOR  TO  THE  GENERAL,  SPECIAL
 REVENUE,  CAPITAL PROJECTS, PROPRIETARY OR FIDUCIARY FUNDS TO MEET UNAN-
 TICIPATED EMERGENCIES PURSUANT  TO  SECTION  FIFTY-THREE  OF  THE  STATE
 FINANCE LAW.
   § 3. The military law is amended by adding a new section 212-a to read
 as follows:
   §  212-A.  PAY  OF TROOPS WHEN USED FOR THE LAKE ONTARIO-ST.  LAWRENCE
 RIVER FLOOD PREVENTION, RESPONSE AND RECOVERY PROGRAM.  ALL OFFICERS AND
 ENLISTED MEN WHILE ON DUTY, OR  ASSEMBLED  THEREFOR,  BY  ORDER  OF  THE
 GOVERNOR,  UPON  A  REQUEST MADE IN ACCORDANCE WITH SUBDIVISION THREE OF
 SECTION SIX OF THIS CHAPTER, SHALL RECEIVE THE PAY SET FORTH IN SUBDIVI-
 SION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. ONE HUNDRED PERCENT
 OF SUCH COMPENSATION AND EXPENSES INCURRED IN CONNECTION WITH SUCH  DUTY
 OR  AS  A  RESULT THEREOF INCLUDING QUARTERING, CARING FOR, TRANSPORTING
 AND SUBSISTING THE TROOPS, AND  OTHER  EXPENSES  INCLUDING  THE  EXPENSE
 INCURRED  FOR  PAY,  CARE,  AND SUBSISTENCE OF OFFICERS AND ENLISTED MEN
 TEMPORARILY DISABLED IN THE LINE OF DUTY, WHILE ON  SUCH  DUTY,  AS  SET
 FORTH  IN  SECTION TWO HUNDRED SIXTEEN OF THIS ARTICLE, SHALL BE PAID BY
 THE STATE.
   § 4. Section 2 of section 1 of  chapter  174  of  the  laws  of  1968,
 constituting  the  New  York  state urban development corporation act is
 amended by adding a new fifth undesignated paragraph to read as follows:
   IT IS FURTHER FOUND AND DECLARED THAT  THERE  CONTINUES  TO  EXIST  AN
 ONGOING  AND  REPEATED THREAT OF FLOODING AND FLOOD RELATED DAMAGE ALONG
 THE SHORELINE OF LAKE ONTARIO AND THE ST. LAWRENCE RIVER. THIS CONDITION
 IS CONTRARY TO THE PUBLIC INTEREST AND THREATENS THE  SAFETY,  SECURITY,
 HEALTH,  WELFARE,  WELL-BEING AND REPOSE OF THE PEOPLE OF THE LOCALITIES
 ADJOINING THE SHORELINE AS WELL AS THE PEOPLE OF THE ENTIRE  STATE.  THE
 ORDINARY  OPERATIONS  OF  PUBLIC  AND  PRIVATE  FUNDING,  AS WELL AS THE
 SUPPORT OF PRIVATE ENTERPRISE, HAS PROVEN INADEQUATE TO  PROVIDE  SUFFI-
 CIENT  PREVENTION  AGAINST, RESPONSE TO AND RECOVERY FROM THIS FLOODING,

 S. 3848                             5
 
 AND CANNOT SUPPORT AND PROVIDE  THE  INFRASTRUCTURE  PROJECTS  THAT  ARE
 NECESSARY TO ACHIEVE THE LEVEL OF PREVENTION, RESPONSE AND RECOVERY THAT
 THE  STATE'S  RESIDENTS  DESERVE,  NEED  AND  EXPECT, AND THAT THE STATE
 REQUIRES.  IT  IS  FURTHER  DECLARED  TO  BE  THE POLICY OF THE STATE TO
 PROVIDE A MEANS AND  MECHANISM  TO  SUPPORT  AND  PROVIDE  THE  ADEQUATE
 INFRASTRUCTURE  THAT  IS  NECESSARY TO ACHIEVE THIS LEVEL OF PREVENTION,
 RESPONSE AND RECOVERY THAT  THE  STATE'S  RESIDENTS  DESERVE,  NEED  AND
 EXPECT, AND THAT THE STATE REQUIRES.
   §  5. The opening paragraph of subdivision 6 of section 3 of section 1
 of chapter 174 of the laws of 1968,  constituting  the  New  York  state
 urban development corporation act, as amended by chapter 603 of the laws
 of 2003, is amended and a new paragraph (i) is added to read as follows:
   PROJECT:  A  specific  work or improvement including lands, buildings,
 improvements, real and personal  properties  or  any  interest  therein,
 acquired,  owned,  constructed, reconstructed, rehabilitated or improved
 by the corporation or any subsidiary thereof, whether or not still owned
 or financed by the corporation or any subsidiary  thereof,  including  a
 residential  project,  an  industrial  project,  a  land use improvement
 project, a civic project, an industrial effectiveness project,  a  small
 and  medium-sized  business  assistance  project, a fruit growing, fruit
 processing, or winery business project, A SCHOOL  SAFETY  INFRASTRUCTURE
 PROJECT  or  an  economic development project, all as defined herein, or
 any combination thereof, which combination shall hereinafter  be  called
 and known as a "multi-purpose project". The term "project" as used here-
 in shall include projects, or any portion of a project.
   (I)   "FLOODING   PREVENTION,  RESPONSE  AND  RECOVERY  INFRASTRUCTURE
 PROJECT". A PROJECT OR THAT PORTION OF A MULTI-PURPOSE PROJECT  DESIGNED
 AND INTENDED FOR THE PURPOSE OF BOLSTERING AND IMPROVING INFRASTRUCTURE,
 IN  ORDER  TO  PROVIDE  SUFFICIENT  PREVENTION  AGAINST, RESPONSE TO AND
 RECOVERY FROM FLOODING EVENTS, OR EFFECTS THEREFROM, AND SUCH OTHER  AND
 FURTHER  INFRASTRUCTURE AND FACILITIES AS MAY BE INCIDENTAL OR APPURTEN-
 ANT THERETO.
   § 6. The opening paragraph of section 18 of section 1 of  chapter  174
 of  the  laws of 1968, constituting the New York state urban development
 corporation act, as amended by chapter 839  of  the  laws  of  1987,  is
 amended to read as follows:
   The  corporation shall not issue bonds and notes in an aggregate prin-
 cipal amount exceeding  one  billion  two  hundred  ninety-five  million
 dollars,  excluding  (1)  bonds  and notes issued to refund or otherwise
 repay outstanding bonds and notes of the corporation or of the New  York
 state  project  finance  agency,  (2) notes issued by the corporation to
 evidence eligible loans made to the corporation pursuant to the New York
 state project finance agency act, [and] (3) BONDS AND  NOTES  ISSUED  BY
 THE  CORPORATION TO PERFORM A FLOODING PREVENTION, RESPONSE AND RECOVERY
 INFRASTRUCTURE PROJECT IN ACCORDANCE WITH PARAGRAPH (I)  OF  SUBDIVISION
 (6)  OF  SECTION  THREE OF THIS ACT, AND (4) bonds and notes issued with
 the approval of the state director of the budget and the New York  state
 public authorities control board which are secured by and payable solely
 out  of a specific project, other than a residential project, undertaken
 by the corporation subsequent to June first, nineteen  hundred  seventy-
 seven, and the revenues and receipts derived therefrom, without recourse
 against  other  assets  of  the  corporation  or  against a debt service
 reserve fund to which state funds are apportionable pursuant to subdivi-
 sion three of section twenty of this act, provided that the  corporation
 shall  not issue bonds or notes pursuant to this clause [(3)] if (a) (i)
 the arrangements under which the project is undertaken  do  not  provide

 S. 3848                             6
 
 for  annual  real  property  taxes, or payments in lieu of real property
 taxes, on the real property included in the project securing such  bonds
 or  notes which together at least equal the average annual real property
 taxes which were paid with respect to such real property for three years
 prior  to  the acquisition of such project or any portion thereof by the
 corporation or a subsidiary thereof, and (ii) after  a  public  hearing,
 the  local  legislative  body of the city, town or village in which such
 project is to  be  located  has  not  consented  to  such  arrangements,
 provided,  however, that in a city having a population of one million or
 more such consent shall be given by the board of estimate of such  city,
 or  (b)  the  aggregate  principal amount of any such bonds and notes is
 less than twice the amount of any moneys appropriated by the  state  and
 made available by the corporation to the project securing such bonds and
 notes,  or  (c)  the  aggregate  principal amount of the bonds and notes
 issued pursuant to this clause [(3)] will thereby exceed  three  hundred
 seventy-nine million dollars, excluding bonds and notes issued to refund
 or  otherwise  repay outstanding bonds and notes issued pursuant to this
 clause [(3)], provided, however, that the corporation may provide for  a
 pooled  financing  arrangement  with  regard  to  bonds  issued  for the
 purposes of financing the construction  of  the  Center  for  Computers,
 Microelectronics  and  Telecommunications  at  Columbia  University, the
 Center for Science and Technology at Syracuse  University,  the  Cornell
 Super Computer Center at Cornell University, the Onondaga County Conven-
 tion  Center  Complex,  the  Center for Advanced Materials Processing at
 Clarkson University, the Center for Electro-Optic Imaging at  University
 of  Rochester, the Center for Neural Science at New York University, the
 Alfred University Incubator Facilities in Allegany  County  and  Steuben
 County, the Broadway Redevelopment Project, and the Sematech Semiconduc-
 tor  facility,  and,  that  the  aggregate  amount of bonds which may be
 issued pursuant to this  clause  [(3)]  shall  be  increased  above  the
 amounts  in the following schedule for the purposes of providing for the
 costs of issuance including any debt service reserve  requirements  that
 may be necessary in accordance with the following schedule:
   §  7.  The  state finance law is amended by adding a new article 17 to
 read as follows:
                                ARTICLE 17
          FINANCING OF SPECIAL INFRASTRUCTURE PROJECTS RELATED TO
                                 FLOODING
 SECTION 250. INFRASTRUCTURE PROJECTS FINANCED BY THE  URBAN  DEVELOPMENT
                CORPORATION  IN  ACCORDANCE  WITH  THE  LAKE  ONTARIO-ST.
                LAWRENCE RIVER FLOOD PREVENTION,  RESPONSE  AND  RECOVERY
                PROGRAM.
   §  250.  INFRASTRUCTURE  PROJECTS  FINANCED  BY  THE URBAN DEVELOPMENT
 CORPORATION IN ACCORDANCE WITH THE  LAKE  ONTARIO-ST.    LAWRENCE  RIVER
 FLOOD PREVENTION, RESPONSE AND RECOVERY PROGRAM.  PRINCIPAL AND INTEREST
 DEBT  SERVICE  ON  BONDS OR NOTES ISSUED BY THE URBAN DEVELOPMENT CORPO-
 RATION IN ACCORDANCE WITH A FLOODING PREVENTION, RESPONSE  AND  RECOVERY
 INFRASTRUCTURE  PROJECT  PERFORMED  PURSUANT  TO  WITH  PARAGRAPH (I) OF
 SUBDIVISION SIX OF SECTION THREE OF THE NEW YORK STATE URBAN DEVELOPMENT
 CORPORATION ACT, SHALL BE PAID FROM THE STATE OPERATIONS  SPECIAL  EMER-
 GENCY  APPROPRIATION  THROUGH A TRANSFER BY THE GOVERNOR TO THE GENERAL,
 SPECIAL REVENUE, CAPITAL PROJECTS, PROPRIETARY  OR  FIDUCIARY  FUNDS  TO
 MEET  UNANTICIPATED  EMERGENCIES PURSUANT TO SECTION FIFTY-THREE OF THIS
 CHAPTER.
   § 8. This act shall take effect immediately.