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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3368
SPONSOR: Gallahan TITLE OF BILL:
An act to amend the executive law, in relation to establishing the
disaster-related latent damage recovery grant program
PURPOSE:
To ensure that communities with residual or. worsening damage related to
a natural disaster have an opportunity to request additional funds to
address these ongoing issues.
SUMMARY OF PROVISIONS:
Section 1: Executive law is amended by adding a new section 719 estab-
lishing the Disaster-related latent damage recovery grant program.
Section 2: Provides an effective date.
JUSTIFICATION:
In recent years, several unprecedented natural disasters have wrought
havoc on communities across our state. From tropical storms Irene, Lee
and Hurricane Sandy to the widespread flooding that have and are
currently striking upstate communities, weather related natural disas-
ters have impacted nearly every corner of our state in recent years. The
state and federal response to these disasters has gone a long way
towards ensuring that our communities were and are able to get back on
their feet. However, many communities still have critical disaster-re-
lated infrastructure needs that have not yet been addressed.
The true extent of the damage to physical infrastructure is not always
apparent during initial assessments. Damage to drainage systems, subter-
ranean erosion, and salt-water damage are often missed immediately
following a disaster and may not become apparent until months or years
later. When latent damage is discovered, it can be difficult for commu-
nities to secure the additional resources they need.
This bill addresses this challenge by making additional disaster recov-
ery funds available for up to 7 years after a declaration of a state of
emergency by the Governor. Municipalities can apply for assistance in
amounts up to 10 percent of the sum of any disaster relief aid previous-
ly received by that municipality from state and federal sources, but not
more than $10 million dollars in any calendar year. This aid is intended
to specifically address latent damage to infrastructure.
This bill recognizes that disaster recovery is a long- term process and
seeks to ensure that communities continue to have access to the
resources they need to maintain the safety and integrity of their public
infrastructure.
LEGISLATIVE HISTORY:
2021-22: A.8525
2019-20: S.2083
2017-18: S.3029-8
2015-16: A.7352-A
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date on which it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
3368
2023-2024 Regular Sessions
IN ASSEMBLY
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:
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
A. 3368 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.
