S T A T E O F N E W Y O R K
________________________________________________________________________
3368
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
___________
Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
tee on Governmental Operations
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:
§ 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 COMPONENTS THERE-
OF, 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 EMER-
GENCY. 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 GRANT
MONEY BE USED FOR, INFRASTRUCTURE REPAIRS THAT ARE REQUIRED DUE TO
NORMAL USE AND WEAR AND TEAR.
3. THE COMMISSIONER 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04960-01-3
A. 3368 2
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.
§ 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.