Bill Text: NY S03202 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the disaster-related latent damage recovery grant program 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 thereof, where such damage was the result of a natural disaster.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO FINANCE [S03202 Detail]

Download: New_York-2023-S03202-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3202

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance

        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:

     1    Section 1. The executive law is amended by adding a new section 719 to
     2  read as follows:
     3    § 719. Disaster-related  latent  damage  recovery  grant  program.  1.
     4  There  is hereby established the disaster-related latent damage recovery
     5  grant program to be administered by the division  of  homeland  security
     6  and emergency services.
     7    2.  Projects  eligible for program grants shall be limited to projects
     8  to repair latent damage to public  infrastructure,  including  publicly-
     9  owned  roads, bridges, drainage and flood mitigation systems, electrical
    10  and mechanical systems and  communication  systems,  and  any  ancillary
    11  infrastructure necessary for the safe operation of the components there-
    12  of, where such damage was the result of a natural disaster for which the
    13  governor of the state of New York made a declaration of a state of emer-
    14  gency. For purposes of this section, "latent damage" shall be defined as
    15  damage  that  was  not  reasonably  apparent  during  any initial damage
    16  assessments.  In no event shall grants be awarded for, nor  shall  grant
    17  money  be  used  for,  infrastructure  repairs  that are required due to
    18  normal use and wear and tear.
    19    3. The commissioner of the division of homeland security and emergency
    20  services shall establish procedures for  receipt  of  applications  from
    21  municipalities and for the issuance of grants authorized by this section
    22  within  available appropriations.   Application for such grants shall be
    23  submitted no more than seven years, but no less than one year, after the
    24  governor's declaration of the state of emergency that renders a  munici-
    25  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
        S. 3202                             2

     1  grants  exceed  ten  percent of the sum of any state or federal disaster
     2  assistance monies granted to a municipality as a  result  of  a  natural
     3  disaster  that were awarded prior to an application for a grant stemming
     4  from the same natural disaster. In no event shall a municipality receive
     5  a grant in excess of ten million dollars in a given calendar year.
     6    4.  Funding  for  such  program  shall consist of all revenue received
     7  pursuant to an appropriation thereto, and all other monies appropriated,
     8  credited or transferred from any other source pursuant to  law.  Nothing
     9  in  this  section  shall  be  deemed to prevent the state from receiving
    10  grants, gifts or bequests for the purpose of the program.  Grants  shall
    11  only be awarded based upon the availability of funds.
    12    §  2. This act shall take effect on the first of April next succeeding
    13  the date on which it shall have become a law.    Effective  immediately,
    14  the  addition,  amendment and/or repeal of any rule or regulation neces-
    15  sary for the implementation of  this  act  on  its  effective  date  are
    16  authorized to be made and completed on or before such effective date.