Assembly Bill A9612

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9612
 
                           I N  A S S E M B L Y
 
                             January 21, 2026
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the state finance law, in relation to  establishing  the
   upstate  cities  preparedness and resiliency fund; making an appropri-
   ation therefor; and providing for the repeal of such  provisions  upon
   expiration thereof

   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-uu to read as follows:
   §  99-UU.  UPSTATE CITIES PREPAREDNESS AND RESILIENCY FUND. 1. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A) "MAJOR UPSTATE CITIES" SHALL MEAN CITIES WITH A POPULATION OF MORE
 THAN ONE HUNDRED TWENTY-FIVE THOUSAND AND LESS THAN ONE MILLION.
   (B)  "MID-SIZED UPSTATE CITIES" SHALL MEAN CITIES WITH A POPULATION OF
 MORE THAN TWENTY-FIVE THOUSAND AND LESS THAN OR  EQUAL  TO  ONE  HUNDRED
 TWENTY-FIVE THOUSAND.
   (C)  "SMALL  UPSTATE  CITIES"  SHALL  MEAN CITIES WITH A POPULATION OF
 TWENTY-FIVE THOUSAND OR LESS.
   (D) "POPULATION" SHALL MEAN THE POPULATION OF A CITY ACCORDING TO  THE
 UNITED  STATES CENSUS BUREAU'S TWO THOUSAND TWENTY-THREE AMERICAN COMMU-
 NITY SURVEY ONE-YEAR ESTIMATES.
   2. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSION-
 ER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER A SPECIAL  FUND  TO
 BE KNOWN AS THE "UPSTATE CITIES PREPAREDNESS AND RESILIENCY FUND".
   3.  SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED THERETO AND ALL
 OTHER MONEYS CREDITED OR TRANSFERRED THERETO  FROM  ANY  OTHER  FUND  OR
 SOURCE  PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT
 THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE  PURPOSES  OF
 THE  FUND  AS  DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND
 ACCORDING TO LAW.
   4. THE FUND SHALL BE GOVERNED AND ADMINISTERED BY THE COMPTROLLER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14013-02-6
              

 A. 9612                             2
 
   5. THE MONEYS IN SUCH FUND SHALL BE AWARDED IN THE FORM OF  GRANTS  BY
 THE COMPTROLLER TO SUPPORT CITIES IN COUNTIES OTHER THAN ROCKLAND, WEST-
 CHESTER,  BRONX,  NEW YORK, RICHMOND, KINGS, QUEENS, NASSAU, AND SUFFOLK
 THAT FACE RECURRING FISCAL STRESS AND OPERATIONAL CHALLENGES  CAUSED  BY
 EXTREME  WINTER WEATHER, AGING INFRASTRUCTURE, HIGH POVERTY RATES, AND A
 LARGE SHARE OF TAX-EXEMPT PROPERTY THAT LIMITS LOCAL  REVENUE  CAPACITY.
 SUCH GRANTS SHALL BE USED FOR EMERGENCY PREPAREDNESS, RESPONSE AND RESI-
 LIENCE  MEASURES.    ELIGIBLE USES MAY INCLUDE, BUT SHALL NOT BE LIMITED
 TO: EMERGENCY OPERATIONS AND COMMUNICATIONS IMPROVEMENTS,  HAZARD  MITI-
 GATION  AND  RESILIENCE  PLANNING, STORMWATER, CULVERT OR WINTER WEATHER
 RESILIENCE IMPROVEMENTS, EQUIPMENT AND FLEET WINTERIZATION,  INFRASTRUC-
 TURE IMPROVEMENTS.
   6. GRANTS AWARDED UNDER THIS SECTION SHALL BE DISTRIBUTED:
   (A)  WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION TO MAJOR
 UPSTATE CITIES IN AN AMOUNT EQUAL TO  EIGHTY  MILLION  ON  A  PER-CAPITA
 BASIS ACCORDING TO THE MOST RECENT CENSUS.
   (B)  WITHIN  TWO  YEARS  OF THE EFFECTIVE DATE OF THIS SECTION TO MID-
 SIZED UPSTATE CITIES UNDER A COMPETITIVE GRANT PROGRAM  WHICH  SHALL  BE
 ADMINISTERED   BY  THE  DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY
 SERVICES, IN COLLABORATION WITH THE SENATE COMMITTEE ON CITIES  AND  THE
 ASSEMBLY  COMMITTEE ON CITIES, FOR PROJECTS WHICH DEMONSTRATE MEASURABLE
 IMPROVEMENTS IN PREPAREDNESS, RESILIENCE OR  EMERGENCY  COORDINATION.  A
 COMPETITIVE GRANT AWARDED UNDER THIS SECTION TO A MID-SIZED UPSTATE CITY
 SHALL BE BETWEEN FIVE HUNDRED THOUSAND AND THREE MILLION DOLLARS.
   (C)  WITHIN  TWO  YEARS OF THE EFFECTIVE DATE OF THIS SECTION TO SMALL
 UPSTATE CITIES UNDER A COMPETITIVE GRANT PROGRAM WHICH IS TO BE ADMINIS-
 TERED BY THE DIVISION OF HOMELAND SECURITY AND  EMERGENCY  SERVICES,  IN
 COLLABORATION  WITH  THE  SENATE  COMMITTEE  ON  CITIES AND THE ASSEMBLY
 COMMITTEE ON CITIES, FOR PROJECTS WHICH DEMONSTRATE MEASURABLE  IMPROVE-
 MENTS  IN  PREPAREDNESS, RESILIENCE OR EMERGENCY COORDINATION. A COMPET-
 ITIVE GRANT AWARDED UNDER THIS SECTION TO A SMALL UPSTATE CITY SHALL  BE
 BETWEEN FIFTY THOUSAND AND TWO HUNDRED FIFTY THOUSAND DOLLARS.
   7.  MONEYS  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER, DISBURSED AS ADVANCES,  PROGRESS  PAYMENTS,  REIMBURSE-
 MENTS,  OR  A  COMBINATION THEREOF ON VOUCHERS APPROVED AND CERTIFIED BY
 THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
   § 2. The sum of one hundred million dollars ($100,000,000), or so much
 thereof as may be necessary, is hereby appropriated from any  moneys  in
 the state treasury in the general fund not otherwise appropriated to the
 credit  of the upstate cities preparedness and resiliency fund as estab-
 lished under section 99-uu of the state finance law for the purposes  of
 granting  awards  and carrying out the provisions of this act.  Such sum
 shall be payable on the audit and warrant of the  state  comptroller  on
 vouchers certified or approved in the manner provided by law.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed three years after such effective date.