NY State Senate Bill 2019-S6893

Senate Bill S6893

2019-2020 Legislative Session

Authorizes municipalities to purchase private residential real property located in a floodplain

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Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to corporations, authorities and commissions
Dec 06, 2019	referred to rules

co-Sponsors

2019-S6893 (ACTIVE) - Details

See Assembly Version of this Bill:: A8939
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: New York State Urban Development Corporation Act
Laws Affected:: Add §15-a, UDC Act
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4262, A1123
2023-2024: S4220

2019-S6893 (ACTIVE) - Summary

Authorizes municipalities to purchase private residential real property located in a floodplain.

2019-S6893 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6893

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the New York state urban development corporation act, in
relation to authorizing municipalities to purchase private residential
real property located in a floodplain

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill specifies the mechanism by which a city, town or
village may designate a residential area as a floodplain and how they
can purchase private property. Further, this bill stipulates owners of
the private property within the area designated as a floodplain are
under no obligation to sell their home and that once private property
has been purchased and made public it is to be dedicated as open space.

Section 2 marks the effective date.

 
JUSTIFICATION:

Throughout the state of New York, especially the Mohawk Valley, Southern
Tier and shores of Lake Ontario and the St. Lawrence River, there has
been a persistent, pervasive and destructive pattern of flooding. Many
of the floods that these regions are experiencing are exacting a devas-
tating toll on residents who are unfortunate enough to find themselves
in the path of these dangerous waters.

Many residents find themselves unable to sell their homes due to flood-
ing concerns, even at low prices. This leads to a cycle of residents
needing to remove water from their homes, replace their critical infras-
tructure like electricity, furnaces and hot water heaters, as well as
their personal belongings and furnishings on an almost yearly basis.

This legislation would provide local governments with a mechanism to
designate these hard hit residential areas as floodplains and buyout
residents at fair market, pre-flood(ing) levels through bonding made by
the Urban Development Corporation for the purposes of the program. While
residents are under no obligation to sell their home, this provides them
with an opportunity to sell for more than they would on the open market.
The sale price secured by the homeowner from the government should
provide them with greater means to purchase another property outside of
their locality's area of persistent flooding.

Further, this legislation mandates that the local government, once it
has designated a residential area as a floodplain, is to develop that
area into open space. This area could be used as a park or be returned
to nature entirely. This will help local governments by cutting down on
costs associated with emergency services and the redevelopment of prop-
erty and infrastructure.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6893 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6893
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             December 6, 2019
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the New York state urban development corporation act, in
   relation to authorizing municipalities to purchase private residential
   real property located in a floodplain

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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 a new section 15-a to read as follows:
   §  15-A. SPECIAL PROVISIONS RELATING TO PRIVATE RESIDENTIAL REAL PROP-
 ERTY LOCATED IN A FLOODPLAIN. (1) NOTWITHSTANDING ANY PROVISION  OF  LAW
 TO  THE CONTRARY, BUT SUBJECT TO ANY AGREEMENT WITH NOTEHOLDERS OR BOND-
 HOLDERS, ANY CITY, TOWN OR VILLAGE  IS  HEREBY  AUTHORIZED  TO  PURCHASE
 PRIVATE RESIDENTIAL REAL PROPERTY WHICH IS LOCATED IN A FLOODPLAIN.
   (2)  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, ANY STRUC-
 TURE WHICH IS LOCATED ON PRIVATE RESIDENTIAL REAL PROPERTY LOCATED IN  A
 FLOODPLAIN WHICH IS PURCHASED BY A CITY, TOWN OR VILLAGE SHALL BE DEMOL-
 ISHED.
   (3)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, PRIVATE
 RESIDENTIAL REAL PROPERTY ACQUIRED PURSUANT TO  THIS  SECTION  SHALL  BE
 DEEMED  PUBLIC  PROPERTY  AND  SUCH  PROPERTY SHALL BE DEDICATED AS OPEN
 SPACE.
   (4) A CITY, TOWN OR VILLAGE MAY OFFER TO PURCHASE PRIVATE  RESIDENTIAL
 REAL  PROPERTY  WHICH  IS LOCATED IN A FLOODPLAIN FOR AN AMOUNT UP TO OR
 EQUAL TO THE FAIR MARKET VALUE OF SUCH PROPERTY AS SUCH PROPERTY  IS  OR
 WAS VALUED PRIOR TO ANY FLOOD DAMAGE.
   (5) A CITY, TOWN, OR VILLAGE WHICH ELECTS TO PURCHASE PRIVATE RESIDEN-
 TIAL  REAL PROPERTY WHICH IS LOCATED IN A FLOODPLAIN SHALL PAY ALL COSTS
 TYPICALLY ASSOCIATED WITH THE SALE OF PRIVATE RESIDENTIAL REAL PROPERTY,
 INCLUDING, BUT NOT LIMITED TO, FEES FOR AN APPRAISAL, TITLE  SEARCH,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13898-01-9

 S. 6893                             2
 
 LOT  SURVEY AND ANY ASSOCIATED CLOSING COSTS. THE SELLER OF SUCH PRIVATE
 RESIDENTIAL REAL PROPERTY SHALL BE RESPONSIBLE FOR THE  PAYMENT  OF  ANY
 MORTGAGE,  LIEN OR OTHER FINANCIAL ENCUMBRANCE ON SUCH PROPERTY, AS WELL
 AS  FOR  ANY MOVING COSTS OR COSTS ASSOCIATED WITH RENTING OR BUYING NEW
 PROPERTY.
   (6) NO OWNER OF PRIVATE RESIDENTIAL REAL PROPERTY WHICH IS LOCATED  IN
 A  FLOODPLAIN  SHALL BE REQUIRED TO RELINQUISH HIS OR HER REAL PROPERTY;
 PROVIDED, HOWEVER, THAT OWNERS OF SUCH PRIVATE RESIDENTIAL REAL PROPERTY
 MAY NEED TO TAKE RISK MITIGATION MEASURES, SUCH AS ELEVATING ANY  STRUC-
 TURES ON SUCH PROPERTY.
   § 2. This act shall take effect immediately.

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Senate Bill S6893

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Sponsored By

Joseph A. Griffo