S T A T E   O F   N E W   Y O R K
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                                   8135
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law and the executive law, in relation
   to establishing the "Hurricane Ida relief program"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  state finance law is amended by adding a new section
 99-oo to read as follows:
   § 99-OO. HURRICANE IDA RELIEF PROGRAM FUND. 1. THERE IS HEREBY  ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER  OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "HURRICANE
 IDA RELIEF PROGRAM FUND" TO BE  ADMINISTERED  IN  ACCORDANCE  WITH  THIS
 SECTION AND SECTION TWENTY-NINE-L OF THE EXECUTIVE LAW.
   2.  THE  HURRICANE IDA RELIEF PROGRAM FUND SHALL CONSIST OF ALL MONEYS
 RECEIVED THEREFOR, INCLUDING BUT NOT LIMITED TO APPROPRIATIONS, MONETARY
 GRANTS, GIFTS OR BEQUESTS RECEIVED BY THE STATE FOR THE PURPOSES OF  THE
 FUND,  AND  ALL  OTHER  MONEYS  CREDITED OR TRANSFERRED THERETO FROM ANY
 OTHER FUND OR SOURCE; PROVIDED, HOWEVER, SUCH FUND SHALL NOT COLLECT NOR
 EXPEND MORE THAN FIFTY MILLION DOLLARS IN TOTAL.   MONEYS OF  SUCH  FUND
 SHALL BE EXPENDED ONLY FOR HURRICANE IDA RELIEF FINANCIAL ASSISTANCE AND
 DISASTER RELIEF SERVICES IN ACCORDANCE WITH SECTION TWENTY-NINE-L OF THE
 EXECUTIVE LAW.
   3.  MONEYS  IN  SUCH FUND SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE
 COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF  THE  COMPTROLLER  OR
 THE  COMMISSIONER  OF  TAXATION  AND FINANCE. ANY MONEYS OF THE FUND NOT
 REQUIRED FOR IMMEDIATE USE MAY, AT THE DISCRETION OF THE COMPTROLLER, IN
 CONSULTATION WITH THE DIRECTOR OF THE BUDGET, BE INVESTED BY  THE  COMP-
 TROLLER  IN  OBLIGATIONS  OF THE UNITED STATES OR THE STATE, OR IN OBLI-
 GATIONS THE PRINCIPAL AND INTEREST ON WHICH ARE GUARANTEED BY THE UNITED
 STATES OR BY THE STATE. ANY INCOME EARNED  BY  THE  INVESTMENT  OF  SUCH
 MONEYS  SHALL BE ADDED TO AND BECOME A PART OF AND SHALL BE USED FOR THE
 PURPOSES OF SUCH FUND.
   4. MONEY EXPENDED FROM SUCH FUND SHALL BE USED TO SUPPLEMENT  AND  NOT
 SUPPLANT  OR  REPLACE  ANY  OTHER  AVAILABLE  RECOVERY  OR RELIEF FUNDS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14094-04-2
 S. 8135                             2
 
 INCLUDING FEDERAL OR STATE FUNDING,  WHICH  WOULD  OTHERWISE  HAVE  BEEN
 EXPENDED FOR REIMBURSEMENT OF DAMAGES CAUSED BY HURRICANE IDA.
   5.  MONEYS  OF  THE FUND, WHEN RECEIVED PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION, SHALL BE AVAILABLE TO THE COMMISSIONER OF THE DIVISION  OF
 HOMELAND  SECURITY  AND EMERGENCY SERVICES TO PROVIDE AUTHORIZED COMPEN-
 SATION OR REIMBURSEMENTS TO ELIGIBLE INDIVIDUALS, HOUSEHOLDS  AND  BUSI-
 NESS  WHO  SUFFERED DAMAGES CAUSED BY HURRICANE IDA FOR WHICH INSURANCE,
 STATE ASSISTANCE, AND FEDERAL ASSISTANCE ARE EITHER NOT AVAILABLE OR  DO
 NOT  ADEQUATELY MEET THE NEEDS OF SUCH ELIGIBLE INDIVIDUAL, HOUSEHOLD OR
 BUSINESS WITH RESPECT TO SUCH DAMAGES IN ACCORDANCE WITH  SECTION  TWEN-
 TY-NINE-L OF THE EXECUTIVE LAW.
   6. THE MONIES OF THE FUND SHALL BE PAID OUT, WITHOUT APPROPRIATION, ON
 THE  AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR
 APPROVED BY THE COMMISSIONER OF THE DIVISION OF  HOMELAND  SECURITY  AND
 EMERGENCY SERVICES AS PROVIDED IN SECTION TWENTY-NINE-L OF THE EXECUTIVE
 LAW. THE COMPTROLLER SHALL, IN CONSULTATION WITH THE COMMISSIONER OF THE
 DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, PRESCRIBE BY REGU-
 LATION  THE  MANNER  IN WHICH MONEYS OF THE FUND SHALL BE DISTRIBUTED TO
 ELIGIBLE APPLICANTS.
   § 2. The executive law is amended by adding a new section 29-l to read
 as follows:
   § 29-L. HURRICANE IDA RELIEF PROGRAM.  1.  THE  DIVISION  OF  HOMELAND
 SECURITY  AND  EMERGENCY  SERVICES, IN CONJUNCTION WITH THE COMPTROLLER,
 SHALL ESTABLISH AND ADMINISTER A SUPPLEMENTAL STATE DISASTER AID PROGRAM
 TO BE KNOWN AS THE "HURRICANE IDA RELIEF PROGRAM" OR  THE  "PROGRAM"  AS
 PROVIDED IN THIS SECTION. SUCH PROGRAM SHALL BE IN ADDITION TO ANY FUNDS
 PROVIDED  BY THE FEDERAL GOVERNMENT AND EXPENDED OR PROVIDED THROUGH THE
 DIVISION FOR DISASTER RECOVERY  AND  RELIEF,  AND  SHALL  NOT  DUPLICATE
 ASSISTANCE PROVIDED BY THE FEDERAL GOVERNMENT OR INSURANCE.
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "APPLICANT" MEANS AN INDIVIDUAL, HOUSEHOLD OR BUSINESS ENTITY THAT
 HAS APPLIED  FOR  ASSISTANCE  PURSUANT  TO  SUBDIVISION  THREE  OF  THIS
 SECTION.
   (B)  (I)  "DIVISION" MEANS THE DIVISION OF HOMELAND SECURITY AND EMER-
 GENCY SERVICES.
   (II) "COMMISSIONER" MEANS THE COMMISSIONER OF THE DIVISION OF HOMELAND
 SECURITY AND EMERGENCY SERVICES.
   (III) "FEMA" MEANS THE FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION.
   (C) "ELIGIBLE APPLICANT" MEANS  AN  APPLICANT  THAT  SUFFERED  DAMAGES
 CAUSED  BY  HURRICANE IDA WITHIN A LOCALITY DESIGNATED AS WITHIN AN AREA
 SUBJECT TO THE MAJOR DISASTER  DECLARATION  FOR  REMNANTS  OF  HURRICANE
 IDA,  (FEMA-4615-DR-NY), FOR THE INCIDENT PERIOD SEPTEMBER FIRST THROUGH
 SEPTEMBER THIRD, TWO THOUSAND TWENTY-ONE, AS DEFINED IN PARAGRAPH (G) OF
 THIS SUBDIVISION, AND:
   (I) INSURANCE, OR FINANCIAL ASSISTANCE AS DEFINED IN PARAGRAPH (D)  OF
 THIS SECTION, OR ANY COMBINATION OF SUCH INSURANCE AND FINANCIAL ASSIST-
 ANCE ARE NOT AVAILABLE TO THE APPLICANT; OR
   (II)   SUCH INSURANCE, OR FINANCIAL ASSISTANCE, OR COMBINATION THEREOF
 ARE AVAILABLE TO THE APPLICANT BUT CANNOT ADEQUATELY COMPENSATE OR REIM-
 BURSE SUCH APPLICANT FOR SUCH DAMAGES.
   (D) "FINANCIAL ASSISTANCE" MEANS MONEY PROVIDED TO AN ELIGIBLE  APPLI-
 CANT AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, AS COMPENSATION OR
 REIMBURSEMENT FOR DAMAGES CAUSED BY HURRICANE IDA IN ACCORDANCE WITH THE
 PROVISIONS  OF  THIS  SECTION  AND  SECTION  NINETY-NINE-OO OF THE STATE
 FINANCE LAW BUT SHALL  NOT  INCLUDE  FINANCIAL  ASSISTANCE  FOR  DAMAGES
 S. 8135                             3

 CAUSED  BY  HURRICANE  IDA  PROVIDED  BY  FEMA'S  INDIVIDUAL  ASSISTANCE
 PROGRAM, OR ANY OTHER FEDERAL, STATE, OR  MUNICIPAL  DISASTER  RECOVERY,
 RELIEF,  ASSISTANCE OR AID PROGRAM OR FUND OTHER THAN THE PROGRAM ESTAB-
 LISHED  PURSUANT  TO THIS SECTION. SUCH FINANCIAL ASSISTANCE SHALL IN NO
 EVENT EXCEED TEN THOUSAND DOLLARS NOR BE LESS THAN ONE HUNDRED DOLLARS.
   (E) "FUND" MEANS THE HURRICANE IDA  RELIEF  PROGRAM  FUND  ESTABLISHED
 PURSUANT TO SECTION NINETY-NINE-OO OF THE STATE FINANCE LAW.
   (F)  "HOUSEHOLD"  MEANS  ALL PERSONS, INCLUDING ADULTS AND MINORS, WHO
 LIVED IN A PRE-DISASTER RESIDENCE WITHIN A LOCALITY DESIGNATED AS WITHIN
 AN AREA SUBJECT TO THE MAJOR  DISASTER  DECLARATION  FOR  REMNANTS    OF
 HURRICANE    IDA,  (FEMA-4615-DR-NY),  FOR THE INCIDENT PERIOD SEPTEMBER
 FIRST THROUGH SEPTEMBER THIRD,  TWO  THOUSAND  TWENTY-ONE,  WHO  REQUEST
 ASSISTANCE,  AS  WELL  AS ANY PERSONS, SUCH AS INFANTS, SPOUSE, OR PART-
 TIME RESIDENTS WHO WERE NOT PRESENT AT THE TIME OF THE DISASTER, BUT WHO
 ARE EXPECTED TO RETURN DURING THE ASSISTANCE PERIOD.
   (G) "HURRICANE IDA" MEANS THE DISASTER DECLARED  ON  SEPTEMBER  FIFTH,
 TWO  THOUSAND  TWENTY-ONE  PURSUANT  TO  MAJOR  DISASTER DECLARATION FOR
 REMNANTS OF HURRICANE IDA, (FEMA-4615-DR-NY), FOR  THE  INCIDENT  PERIOD
 SEPTEMBER FIRST THROUGH SEPTEMBER THIRD, TWO THOUSAND TWENTY-ONE.
   (H)  "BUSINESS  ENTITY" MEANS A CORPORATION, ASSOCIATION, PARTNERSHIP,
 LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, OR OTHER LEGAL
 ENTITY.
   3. (A) THE COMMISSIONER SHALL, IN CONSULTATION WITH  THE  COMPTROLLER,
 DEVELOP AND IMPLEMENT PROCEDURES GOVERNING THE SUBMISSION AND RECEIPT OF
 APPLICATIONS  FOR  FINANCIAL  ASSISTANCE  PURSUANT TO THIS SECTION. SUCH
 PROCEDURES SHALL PROVIDE FOR EXPEDITED RELIEF  TO  ELIGIBLE  APPLICANTS,
 AND  EACH  SUCH  APPLICATION  SHALL BE SUBMITTED TO THE DIVISION IN SUCH
 FORM AND IN SUCH MANNER AS THE COMMISSIONER DEEMS APPROPRIATE.
   (B) SUCH APPLICATION FOR FINANCIAL ASSISTANCE SHALL BE MADE  AVAILABLE
 FOR  ALL POTENTIAL APPLICANTS IN ACCORDANCE WITH SUBDIVISION SIX OF THIS
 SECTION, AND AT MINIMUM, SHALL REQUIRE THE APPLICANT  TO  CERTIFY  ON  A
 FORM PREPARED BY THE COMMISSIONER:
   (I) THE AMOUNT AND NATURE OF DAMAGES SUSTAINED BY THE APPLICANT;
   (II) THAT SUCH DAMAGES WERE IN FACT CAUSED BY HURRICANE IDA;
   (III) THE AMOUNT OF ANY COMPENSATION OR REIMBURSEMENT FOR SUCH DAMAGES
 ALREADY RECEIVED, IF ANY;
   (IV)  THE AMOUNT OF ANY COMPENSATION OR REIMBURSEMENT FOR SUCH DAMAGES
 WHICH THE APPLICANT HAS YET TO RECEIVE  BUT  EXPECTS  TO  RECEIVE  AT  A
 FUTURE  DATE,  AND  THE  DATE  SUCH  COMPENSATION  OR  REIMBURSEMENT  IS
 EXPECTED;
   (V) ANY AMOUNT FOR WHICH THE APPLICANT HAS APPLIED FOR RELIEF OR  MADE
 A  CLAIM  FOR FINANCIAL ASSISTANCE OR DISASTER RELIEF FOR DAMAGES CAUSED
 BY HURRICANE IDA FROM FEMA OR ANY OTHER  FEDERAL,  STATE,  OR  MUNICIPAL
 DISASTER RELIEF PROGRAM FOR WHICH A DETERMINATION IS PENDING; AND
   (VI)  THAT  THE  AMOUNT  OF  FINANCIAL ASSISTANCE APPLIED FOR REFLECTS
 DAMAGES INCURRED WHICH (A) HAVE NOT BEEN COMPENSATED  OR  REIMBURSED  BY
 ANY OTHER SOURCE; OR (B) SUCH DAMAGES HAVE BEEN PARTIALLY COMPENSATED OR
 REIMBURSED  AND THE AMOUNT APPLIED FOR REFLECTS A PORTION OF DAMAGES NOT
 SO COMPENSATED OR REIMBURSED.
   (C)(I) THE DIVISION  SHALL  REVIEW  EACH  APPLICATION  FOR  ASSISTANCE
 SUBMITTED  PURSUANT TO THIS SUBDIVISION AND SHALL APPROVE OR REJECT SUCH
 APPLICATION AND NOTIFY THE APPLICANT OF SUCH APPROVAL  OR  REJECTION  NO
 LATER  THAN THIRTY DAYS AFTER RECEIPT OF SUCH APPLICATION.  IF THE DIVI-
 SION APPROVES SUCH APPLICATION, THE APPLICANT  SHALL  RECEIVE  FINANCIAL
 ASSISTANCE  NO  LATER  THAN  THIRTY DAYS AFTER SUCH APPROVAL PURSUANT TO
 S. 8135                             4
 
 SUBDIVISION FIVE OF THIS SECTION AND SECTION NINETY-NINE-OO OF THE STATE
 FINANCE LAW.
   (II) THE DIVISION SHALL CONDUCT THE REVIEW, AND DETERMINATION REQUIRED
 BY  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH, IN ACCORDANCE WITH RULES AND
 REGULATIONS PROMULGATED BY THE COMMISSIONER FOR  SUCH  PURPOSE.  TO  THE
 EXTENT   POSSIBLE,  SUCH  RULES  AND  REGULATIONS  SHALL  INTEGRATE  THE
 PRESCRIBED PROTOCOLS REQUIRED UNDER FEMA'S INDIVIDUAL ASSISTANCE PROGRAM
 REGARDING VERIFICATION, CONFIRMATION, ASSESSMENT, AND APPROVAL OR DENIAL
 OF APPLICATIONS FOR ASSISTANCE, AND APPEALS.
   4. BEGINNING ON THE EFFECTIVE DATE OF THIS SUBDIVISION AND THEREAFTER,
 THE DIVISION, IN CONJUNCTION WITH THE COMPTROLLER SHALL  MAKE  FINANCIAL
 ASSISTANCE  AVAILABLE  TO COMPENSATE OR REIMBURSE ELIGIBLE APPLICANTS IN
 ACCORDANCE WITH THIS SECTION AND SECTION  NINETY-NINE-OO  OF  THE  STATE
 FINANCE  LAW. THE COMMISSIONER SHALL BY REGULATION DETERMINE WHICH TYPES
 OF DAMAGES SHALL BE ELIGIBLE FOR COMPENSATION OR REIMBURSEMENT  AND  THE
 AMOUNT TO BE PAID THEREFOR, PROVIDED SUCH DAMAGES SHALL INCLUDE, BUT NOT
 BE  LIMITED  TO DAMAGE TO REAL AND PERSONAL PROPERTY, STRUCTURES LOCATED
 ON REAL PROPERTY, VEHICLES, AND OTHER PERSONAL PROPERTY AS  THE  COMMIS-
 SIONER  DEEMS  APPROPRIATE.  THE  COMPTROLLER,  IN CONSULTATION WITH THE
 COMMISSIONER, SHALL PRESCRIBE BY REGULATION THE  MANNER  IN  WHICH  SUCH
 FINANCIAL ASSISTANCE SHALL BE DISTRIBUTED TO ELIGIBLE BENEFICIARIES.
   5.  THE  DIVISION  SHALL  COOPERATE WITH THE OFFICE OF THE STATE COMP-
 TROLLER TO PROVIDE FOR THE PROVISION OF PERIODIC AUDITS OF THE HURRICANE
 IDA RELIEF PROGRAM, TO ASSURE THAT ALL AID PROVIDED WAS  GIVEN  ONLY  TO
 THOSE  ELIGIBLE  TO  RECEIVE  SUCH  ASSISTANCE  AND  IN  THE  AMOUNTS SO
 REQUIRED, AND  THAT  SUCH  FUNDS  WERE  USED  ONLY  FOR  THEIR  INTENDED
 PURPOSES.    FUNDS FOR THE HURRICANE IDA RELIEF PROGRAM SHALL NOT DUPLI-
 CATE ASSISTANCE PROVIDED BY OTHER SOURCES, INCLUDING BUT NOT LIMITED  TO
 THOSE  PROVIDED BY THE FEDERAL GOVERNMENT, THE STATE, A MUNICIPALITY, OR
 INSURANCE.
   6. BEGINNING ON THE EFFECTIVE DATE OF THIS SUBDIVISION AND THEREAFTER:
 (A) THE DIVISION SHALL ATTEMPT TO NOTIFY ALL INDIVIDUALS, HOUSEHOLDS AND
 BUSINESSES WHO SUFFERED DAMAGES CAUSED BY HURRICANE IDA OF THE HURRICANE
 IDA RELIEF PROGRAM  ESTABLISHED  PURSUANT  TO  THIS  SECTION  AND  SHALL
 ENCOURAGE ALL SUCH INDIVIDUALS, HOUSEHOLDS AND BUSINESSES TO APPLY.
   (B)  THE  DIVISION SHALL ESTABLISH AND PUBLICIZE A TOLL-FREE TELEPHONE
 NUMBER FOR USE BY PROSPECTIVE  APPLICANTS  SEEKING  INFORMATION  ON  THE
 PROGRAM.  THE DIVISION SHALL PUBLISH GUIDANCE AND INSTRUCTIONS REGARDING
 THE APPLICATION PROCESS, CRITERIA FOR  REVIEW  AND  DETERMINATIONS,  AND
 OTHER  RELEVANT  INFORMATION,  INCLUDING AN APPLICATION FORM AND RELATED
 MATERIALS. ALL SUCH MATERIALS SHALL BE ACCESSIBLE TO THE PUBLIC  ON  ANY
 WEBSITE  MAINTAINED  BY  THE  DIVISION  AND  AVAILABLE  FOR  DOWNLOAD BY
 PROSPECTIVE APPLICANTS.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law, provided, however, that the provisions of subdivision
 6  of section 29-l of the executive law, as added by section two of this
 act shall take effect immediately. Effective immediately, the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such effective date.