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This entry was published on 2014-09-22
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New York state emergency assistance program
Executive (EXC) CHAPTER 18, ARTICLE 2-B
§ 29-e. New York state emergency assistance program. 1. For purposes
of this section the following terms shall have the following meanings:

(a) "Infrastructure" shall mean and include publicly owned storm and
sanitary sewers, water supply systems, drainage systems, transportation
systems, roads and bridges.

(b) "Municipality" shall mean any county, city, village, or town of
the state.

(c) "Public facilities" shall mean and include publicly owned
buildings, including traditional government buildings, such as
courthouses, firehouses, police stations, parks, recreational
facilities, and correctional facilities.

(d) "Fund" shall mean the state's contingency reserve fund established
by law.

(e) "The office of emergency management" shall mean the office within
the division of homeland security and emergency services.

2. The governor may, upon a finding that a municipality in the state
has suffered substantial damage by an unanticipated natural disaster
which has resulted in significant economic distress within such
municipality, issue a declaration of significant economic distress in
accordance with the provisions herein. In determining whether such
significant economic distress exists, the governor shall consider
whether the following criteria have been met:

(a) the municipality suffered a substantial loss of assessed value;

(b) substantial damage has occurred to municipal buildings, facilities
and infrastructure;

(c) the cost incurred by the municipality for clean-up operations is

(d) businesses within the municipality have experienced significant
economic loss due to the inability to conduct normal business due to the

(e) a significant increase in unemployment claims filed by persons
employed within the municipality has occurred; and

(f) the county or the county within which the municipality is located
has been declared eligible by the United States small business
administration for physical disaster and economic injury disaster loans.
In addition, the governor shall also consider the extent that other
financial resources, including federal assistance and insurance, are
available to assist the municipality to repair damage caused by the

3. (a) Upon the issuance of a declaration of significant economic
distress due to unanticipated natural disaster by the governor, a
municipality recognized by the governor as being affected by such
disaster which occurred on or after December first, nineteen hundred
ninety-two, may apply to the division of homeland security and emergency
services on a form prescribed by such office, for reimbursement from the
state's contingency reserve fund for reimbursement of extraordinary and
unanticipated costs associated with the reconstruction or repair of
public buildings, facilities or infrastructure.

(b) Where the municipality applying for assistance authorized pursuant
to this section is a city, and such application pertains to a county
wholly contained within such city, such city may submit separate
applications for such assistance for each such county.

(c) Such municipality shall be granted the assistance provided
pursuant to this section, within the amounts made available by
appropriation from the fund, upon approval of such application, provided
that such municipality agrees to have a local disaster preparedness plan
pursuant to section twenty-three of this article in effect by December
thirty-first, nineteen hundred ninety-three. On or after December
thirty-first, nineteen hundred ninety-three, no municipality shall be
eligible for reimbursement of such expenses unless such plan is in

(d) Municipalities which have received assistance pursuant to this
section shall, as soon thereafter as may be possible, amend their
respective local disaster preparedness plans to include corrective
measures that must be taken in order to avoid, to the extent possible,
similar emergencies in the future.

(e) Municipalities applying for assistance pursuant to this section
shall accurately describe the emergency conditions which necessitate the
expenditure of funds for which reimbursement is being sought pursuant to
this section.

(f) In providing assistance pursuant to this section, the division of
homeland security and emergency services may give preference to
applicants which demonstrate the greatest need or which document that
such assistance will be utilized to bring the applicant into compliance
with federal or state law.

(g) In the event that amounts appropriated are insufficient to provide
for full reimbursement of all extraordinary and unanticipated costs
incurred by such municipality approved for reimbursement pursuant to
this section, the division of homeland security and emergency services
is authorized to provide a pro rata share of the appropriations,
appropriated herein, to such municipality.

4. (a) The commissioner of the division of homeland security and
emergency services as defined in article twenty-six of this chapter with
the advice and consent of the disaster preparedness commission created
pursuant to this article, shall have the power to make such rules and
regulations as may be necessary and proper to effectuate the purposes of
this section.

(b) The commissioner of the division of homeland security and
emergency services shall by March fifteenth of each year report to the
governor and the legislature describing the activities and operation of
the program authorized by this section. Such report shall set forth the
number of reimbursement applications received and approved; the
identities of the counties, cities, towns and villages receiving
reimbursement together with the amount and purpose of the reimbursement.