Bill Text: NY A10492 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts the "whole communities recovery act of 2012"; establishes the New York state emergency assistance relief revolving loan program and a fund therefor; establishes the New York state emergency housing assistance grant program within the division of homeland security and emergency services; establishes the New York state business assistance reconstruction and employee retention program and a fund therefor; establishes the New York state business assistance reconstruction and employee retention grant program; establishes the New York state production agricultural assistance reconstruction loan program and a fund therefor; establishes the New York state production agricultural assistance grant program; directs the dormitory authority to establish the New York state municipal and school district stop gap program and a fund therefor, and to establish the New York state municipal and school district stop gap grant program; establishes the New York state tax assistance revolving loan fund program; requires reassessment of real property damaged by a natural disaster within 30 days thereafter; establishes business franchise and personal income tax credits for additional real property taxes paid after the value of the real property is diminished as the result of a natural disaster; provides for municipal workers' compensation coverage of members of community emergency response teams; provides for the suspension of executive orders, rules, regulations, public works restrictions and separate specifications for public contracts in counties affected by a declared natural disaster; and establishes a disaster property tax recovery grant program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-05-29 - referred to housing [A10492 Detail]
Download: New_York-2011-A10492-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10492
I N A S S E M B L Y
May 29, 2012
___________
Introduced by M. of A. P. LOPEZ -- read once and referred to the Commit-
tee on Housing
AN ACT to enact the "whole communities recovery act of 2012"; to amend
the private housing finance law, in relation to establishing the New
York state emergency housing assistance revolving loan program and the
New York state emergency housing assistance revolving loan fund; to
amend the executive law, in relation to establishing the New York
State emergency housing assistance grant program within the division
of homeland security and emergency services (Part A); to amend the New
York state urban development corporation act, in relation to estab-
lishing the New York state business assistance reconstruction and
employee retention program and the New York state business assistance
reconstruction and employee retention revolving loan fund; to amend
the economic development law, in relation to establishing the New York
state business assistance reconstruction and employee retention grant
program (Part B); to amend the New York state urban development corpo-
ration act, in relation to establishing the New York state production
agricultural assistance reconstruction loan program and the New York
state production agricultural assistance reconstruction revolving loan
fund; to amend the agriculture and markets law, in relation to estab-
lishing the New York state production agricultural assistance grant
program (Part C); to amend the public authorities law, in relation to
directing the dormitory authority to establish the New York state
municipal and school district stop gap program, the New York state
municipal and school district stop gap revolving loan fund and the New
York state municipal and school district stop gap grant program (Part
D); to amend the private housing finance law, in relation to estab-
lishing the New York state tax assistance revolving loan fund program
(Part E); to amend the real property tax law, in relation to requiring
the reassessment of real property damaged or destroyed as the result
of a natural disaster; to amend the tax law, in relation to establish-
ing business franchise and personal income tax credits for additional
real property taxes paid after the value of the property is diminished
as the result of a natural disaster (Part F); to amend the workers'
compensation law and the general municipal law, in relation to munici-
pal insurance coverage of members of community emergency response
teams (Part G); to amend the executive law, in relation to suspension
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13857-04-2
A. 10492 2
of executive orders, rules and regulations after a natural disaster;
to amend the labor law, in relation to suspension of public work
restrictions after a natural disaster; to amend the state finance law
and the general municipal law, in relation to suspension of separate
specifications for public work after a natural disaster (Part H); and
to amend the real property tax law, in relation to establishing a
disaster property tax recovery grant program (Part I)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "whole communities recovery act of 2012".
3 S 2. Legislative intent. The legislature hereby recognizes the
4 profound and often long-term impacts that natural disasters have on the
5 health and well being of the citizens of this state, and that the histo-
6 ry of state involvement has clearly demonstrated the ability of our
7 communities to recover from natural disasters is heavily reliant on the
8 availability of resources outside the impacted communities to assist
9 businesses, farms, local governments, school districts, residents and
10 others in rebuilding their lives and property to ensure their stability
11 and future growth.
12 While the state has proven itself able to provide strong initial
13 response in the wake of natural disasters, its ability to help communi-
14 ties through the fragile process of disaster recovery has been limited
15 and subject to ad hoc decision-making, further complicated by limited
16 ability to reprogram state and federal moneys to effectively meet
17 infrastructure, housing and economic development demands associated with
18 a full and prompt recovery of the affected areas of the state.
19 This act is intended to provide a consistent and predictable framework
20 for helping New Yorkers rebuild in the aftermath of future disasters.
21 S 3. This act enacts into law major components of legislation neces-
22 sary for providing assistance to homeowners, businesses, farmers, muni-
23 cipalities, school districts and community emergency response teams for
24 expenses incurred as the result of a disaster declared by the governor.
25 Each component is wholly contained within a Part identified as Parts A
26 through I. The effective date for each particular provision contained
27 within such Part is set forth is the last section of such Part. Any
28 provision in any section contained within a Part, including the effec-
29 tive date of the Part, which makes a reference to a section "of this
30 act", when used in connection with that particular component, shall be
31 deemed to mean and refer to the corresponding section of the Part in
32 which it is found. Section five of this act sets forth the general
33 effective date of this act.
34 PART A
35 Section 1. The private housing finance law is amended by adding two
36 new sections 47-f and 59-j to read as follows:
37 S 47-F. NEW YORK STATE EMERGENCY HOUSING ASSISTANCE REVOLVING LOAN
38 PROGRAM. 1. THE AGENCY SHALL ESTABLISH, ADMINISTER AND OPERATE A NEW
39 YORK STATE EMERGENCY HOUSING ASSISTANCE REVOLVING LOAN PROGRAM. SUCH
40 PROGRAM SHALL PROVIDE FOR THE ISSUANCE OF INTEREST FREE LOANS TO HOME-
41 OWNERS FOR REHABILITATING THEIR PRIMARY RESIDENCES WHICH WERE DAMAGED OR
42 DESTROYED AS THE RESULT OF A DISASTER DECLARED BY THE GOVERNOR IN THE
A. 10492 3
1 COUNTY IN WHICH THE RESIDENCE IS LOCATED. THE PROCEEDS OF SUCH LOANS MAY
2 BE USED TO REFINANCE ANY DEBT AGAINST THE REAL PROPERTY CONSTITUTING THE
3 PRIMARY RESIDENCE OF THE HOMEOWNER WHEN SUCH DEBT IS SECURED BY A LIEN
4 OR MORTGAGE AGAINST THE PROPERTY. LOANS SHALL BE PROVIDED TO APPLICANTS
5 AS FOLLOWS:
6 (A) TIER 1 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
7 TO EXCEED FORTY THOUSAND DOLLARS FOR THE REPAIR OR REPLACEMENT OF CLOTH-
8 ING, FURNITURE, AUTOMOBILES AND/OR APPLIANCES DAMAGED OR DESTROYED UPON
9 THE PREMISES OF THE APPLICANT'S PRIMARY RESIDENCE DURING THE COURSE OF
10 THE DECLARED DISASTER; AND IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOU-
11 SAND DOLLARS FOR THE REPAIR OF THE APPLICANT'S PRIMARY RESIDENCE TO THE
12 CONDITION IT WAS IN IMMEDIATELY PRIOR TO THE ONSET OF THE DECLARED
13 DISASTER. NO LOAN ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE USED TO
14 UPGRADE OR EXPAND ANY PRIMARY RESIDENCE, UNLESS SUCH UPGRADE IS NECES-
15 SARY FOR COMPLIANCE WITH THE STATE OR MUNICIPAL BUILDING CODES; OR
16 (B) TIER 2 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
17 TO EXCEED FORTY THOUSAND DOLLARS FOR THE REPAIR OR REPLACEMENT OF CLOTH-
18 ING, FURNITURE, AUTOMOBILES AND/OR APPLIANCES DAMAGED OR DESTROYED UPON
19 THE PREMISES OF THE APPLICANT'S PRIMARY RESIDENCE DURING THE COURSE OF
20 THE DECLARED DISASTER; AND IN AN AMOUNT NOT TO EXCEED THREE HUNDRED
21 THOUSAND DOLLARS FOR THE REPAIR OR REPLACEMENT OF THE APPLICANT'S PRIMA-
22 RY RESIDENCE TO THE CONDITION IT WAS IN IMMEDIATELY PRIOR TO THE ONSET
23 OF THE DECLARED DISASTER, AND SHALL INCLUDE SUCH DISASTER MITIGATION
24 IMPROVEMENTS TO THE APPLICANT'S REAL PROPERTY AS SHALL BE DETERMINED BY
25 THE AGENCY TO BE NECESSARY TO ELIMINATE OR LESSEN THE EFFECTS OF FUTURE
26 SIMILAR DISASTERS; OR
27 (C) TIER 3 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
28 TO EXCEED FORTY THOUSAND DOLLARS FOR THE REPAIR OR REPLACEMENT OF CLOTH-
29 ING, FURNITURE, AUTOMOBILES AND/OR APPLIANCES DAMAGED OR DESTROYED UPON
30 THE PREMISES OF THE APPLICANTS' PRIMARY RESIDENCE DURING THE COURSE OF
31 THE DECLARED DISASTER; AND IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOU-
32 SAND DOLLARS FOR RELOCATION AND CONSTRUCTION OF A PRIMARY RESIDENCE OF
33 THE SAME SIZE AND TYPE AS THE PRIMARY RESIDENCE DESTROYED BY THE
34 DECLARED DISASTER, AND LOCATED WITHIN THE SAME VILLAGE, TOWN OR CITY AS
35 THE DESTROYED RESIDENCE, BUT OUTSIDE OF ANY AREAS MOST PRONE TO REOCCUR-
36 RENCE OF DISASTER DAMAGE AS DETERMINED BY THE AGENCY, AND SUCH NEWLY
37 CONSTRUCTED PRIMARY RESIDENCE SHALL INCLUDE SUCH DISASTER MITIGATION
38 FEATURES AS SHALL BE DETERMINED BY THE AGENCY TO BE NECESSARY TO ELIMI-
39 NATE OR LESSEN THE EFFECTS OF FUTURE SIMILAR DISASTERS.
40 2. AS A CONDITION OF THE ISSUANCE OF ANY LOAN PURSUANT TO THIS
41 SECTION, THE AGENCY MAY REQUIRE THE INCLUSION IN ANY CONTRACT OR AGREE-
42 MENT OF ANY CONDITIONS AS IT MAY DEEM TO BE DESIRABLE AND/OR APPROPRIATE
43 AND DO ALL THINGS NECESSARY FOR THE EXECUTION OF ANY INSTRUMENT RELATING
44 TO OR DESIRABLE FOR THE PROVISION OF SUCH LOAN. FURTHERMORE, THE AGENCY
45 MAY IMPOSE UPON EACH APPLICANT ANY SUCH FEES AND CHARGES AS SHALL BE
46 NECESSARY FOR THE ISSUANCE OF NOTES AND BONDS BY THE AGENCY FOR THE
47 PURPOSE OF RAISING REVENUE FOR THE PURPOSE OF PROVIDING LOANS PURSUANT
48 TO THIS SECTION.
49 3. A HOMEOWNER SEEKING A LOAN PURSUANT TO THIS SECTION SHALL SUBMIT AN
50 APPLICATION TO THE AGENCY IN SUCH FORM AND WITH SUCH CONTENT AS THE
51 CHAIRMAN OF THE AGENCY SHALL DETERMINE. ANY APPLICATION MAY BE DENIED
52 UPON ANY SUCH GROUNDS AS THE AGENCY SHALL DETERMINE TO BE NECESSARY.
53 4. THE AGENCY, IN CONSULTATION WITH THE COMMISSIONER OF HOUSING AND
54 COMMUNITY RENEWAL, SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
55 TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
A. 10492 4
1 S 59-J. NEW YORK STATE EMERGENCY HOUSING ASSISTANCE REVOLVING LOAN
2 FUND. 1. THE AGENCY SHALL ESTABLISH A SPECIAL FUND TO BE KNOWN AS THE
3 "NEW YORK STATE EMERGENCY HOUSING ASSISTANCE REVOLVING LOAN FUND", AND
4 SHALL PAY INTO SUCH FUND ANY MONEYS WHICH SHALL BE MADE AVAILABLE TO THE
5 AGENCY FOR THE PURPOSES OF SUCH FUND FROM ANY SOURCE INCLUDING, BUT NOT
6 LIMITED TO, MONEYS APPROPRIATED BY AND MADE AVAILABLE PURSUANT TO APPRO-
7 PRIATION BY THE STATE AND ANY INCOME OR INTEREST EARNED BY OR INCREMENT
8 TO THE FUND DUE TO INVESTMENT THEREOF.
9 2. THE MONEYS HELD IN OR CREDITED TO THE NEW YORK STATE EMERGENCY
10 HOUSING ASSISTANCE REVOLVING LOAN FUND SHALL BE EXPENDED SOLELY TO
11 IMPLEMENT THE PROVISIONS OF SECTION FORTY-SEVEN-F OF THIS ARTICLE.
12 3. SUCH MONEYS SHALL BE PAYABLE AT THE DIRECTION OF THE CHAIRMAN OF
13 THE AGENCY, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET AND THE
14 COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL.
15 4. ALL BONDS AND NOTES ISSUED TO PROVIDE MONEYS TO THE NEW YORK STATE
16 EMERGENCY HOUSING ASSISTANCE REVOLVING LOAN FUND SHALL BE SPECIAL LIMIT-
17 ED OBLIGATIONS OF THE AGENCY REPAYABLE SOLELY FROM REVENUE DERIVED FROM
18 THE REPAYMENT OF LOANS ISSUED PURSUANT TO SECTION FORTY-SEVEN-F OF THIS
19 ARTICLE. ALL ASSETS AND LIABILITIES CREATED THROUGH THE ISSUANCE OF
20 BONDS AND NOTES PURSUANT TO THIS SECTION SHALL BE KEPT SEPARATE FROM ALL
21 OTHER ASSETS AND LIABILITIES OF THE AGENCY.
22 S 2. The executive law is amended by adding a new section 718 to read
23 as follows:
24 S 718. NEW YORK STATE EMERGENCY HOUSING ASSISTANCE GRANT PROGRAM. 1.
25 THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES MAY PROVIDE
26 GRANTS FOR DISASTER RELATED, NECESSARY EXPENSES OR SERIOUS NEEDS OF
27 INDIVIDUALS AND HOUSEHOLDS ADVERSELY AFFECTED BY A DISASTER DECLARED BY
28 THE GOVERNOR, IN THOSE INSTANCES IN WHICH SUCH INDIVIDUALS AND HOUSE-
29 HOLDS ARE UNABLE TO MEET SUCH EXPENSES AND NEEDS THROUGH FEDERAL ASSIST-
30 ANCE PURSUANT TO SECTION 408 OF THE ROBERT T. STAFFORD DISASTER RELIEF
31 AND EMERGENCY ASSISTANCE ACT (P.L. 93-288, AS AMENDED (42 U.S.C. S
32 5174)) OR FROM OTHER SOURCES.
33 2. THE DIVISION SHALL ONLY PROVIDE GRANTS TO INDIVIDUALS AND HOUSE-
34 HOLDS DETERMINED TO BE ELIGIBLE FOR FEDERAL ASSISTANCE TO INDIVIDUALS
35 AND HOUSEHOLDS PURSUANT TO SECTION 5174 OF TITLE 42 OF THE UNITED STATES
36 CODE, AND WHO HAVE UNMET SERIOUS NEEDS AND HAVE SUFFERED LOSSES REIM-
37 BURSABLE PURSUANT TO SUCH FEDERAL ASSISTANCE IN EXCESS OF THE MAXIMUM
38 FEDERAL GRANT AMOUNT.
39 3. THE DIVISION MAY AWARD GRANTS TO INDIVIDUALS AND HOUSEHOLDS EQUAL
40 TO THE DIFFERENCE BETWEEN THE FEDERAL ASSISTANCE PROVIDED TO THE INDI-
41 VIDUAL OR HOUSEHOLD AND THE INDIVIDUAL'S OR HOUSEHOLD'S FEDERALLY
42 ELIGIBLE APPRAISED LOSS. PROVIDED THAT NO GRANT TO AN INDIVIDUAL OR
43 HOUSEHOLD AWARDED BY THE DIVISION PURSUANT TO THIS SECTION SHALL EXCEED
44 TEN THOUSAND DOLLARS; UNLESS THE GRANTEE USES SUCH GRANT TO COMPLETE
45 MITIGATION IMPROVEMENT TO PREVENT FUTURE DISASTER DAMAGES, IN WHICH CASE
46 SUCH GRANT SHALL NOT EXCEED THIRTY THOUSAND DOLLARS.
47 4. APPLICATIONS FOR GRANTS PURSUANT TO THIS SECTION SHALL CONFORM TO
48 THE PROCEDURES ESTABLISHED IN THE ROBERT T. STAFFORD DISASTER RELIEF AND
49 EMERGENCY ASSISTANCE ACT (P.L. 93-288, AS AMENDED). THE DIVISION OF
50 HOMELAND SECURITY AND EMERGENCY SERVICES SHALL ENSURE THAT APPLICANTS
51 FOR GRANTS PURSUANT TO THIS SECTION HAVE EXHAUSTED ALL OTHER AVAILABLE
52 MEANS OF SEEKING RELIEF AND ASSISTANCE FOR DISASTER DAMAGE PRIOR TO THE
53 AWARD OF ANY GRANT PURSUANT TO THIS SECTION.
54 S 3. This act shall take effect immediately, provided, however, the
55 New York State housing finance agency shall not be required to establish
56 the revolving loan fund pursuant to this part unless and until the
A. 10492 5
1 governor has declared a disaster or state of emergency in a county. Upon
2 such declaration by the governor, the agency shall have no more than 10
3 days to establish and commence the operation of such program in the
4 county in which the disaster has been declared.
5 PART B
6 Section 1. Section 1 of chapter 174 of the laws of 1968, constituting
7 the New York state urban development corporation act, is amended by
8 adding two new sections 16-v and 16-w to read as follows:
9 S 16-V. NEW YORK STATE BUSINESS ASSISTANCE RECONSTRUCTION AND EMPLOYEE
10 RETENTION PROGRAM. 1. THE CORPORATION SHALL ESTABLISH, ADMINISTER AND
11 OPERATE A NEW YORK STATE BUSINESS ASSISTANCE RECONSTRUCTION AND EMPLOYEE
12 RETENTION PROGRAM. SUCH PROGRAM SHALL PROVIDE FOR THE ISSUANCE OF INTER-
13 EST FREE LOANS TO BUSINESSES AND NOT-FOR-PROFIT CORPORATIONS FOR REHA-
14 BILITATING BUSINESS PROPERTY WHICH WAS DAMAGED OR DESTROYED AS THE
15 RESULT OF A DISASTER DECLARED BY THE GOVERNOR IN THE COUNTY IN WHICH THE
16 BUSINESS PROPERTY IS LOCATED. LOANS SHALL BE PROVIDED TO APPLICANTS AS
17 FOLLOWS:
18 (A) TIER 1 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
19 TO EXCEED ONE MILLION DOLLARS FOR THE REPAIR AND REPLACEMENT OF THE
20 BUSINESS PROPERTY TO THE CONDITION IT WAS IN IMMEDIATELY PRIOR TO THE
21 ONSET OF THE DECLARED DISASTER. BUSINESS PROPERTY SHALL INCLUDE REAL
22 PROPERTY, MACHINERY, EQUIPMENT, FIXTURES, INVENTORY AND LEASEHOLD
23 IMPROVEMENTS; OR
24 (B) TIER 2 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
25 TO EXCEED ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FOR THE REPAIR AND
26 REPLACEMENT OF THE BUSINESS PROPERTY TO THE CONDITION IT WAS IN IMME-
27 DIATELY PRIOR TO THE ONSET OF THE DECLARED DISASTER, AND SHALL INCLUDE
28 SUCH DISASTER MITIGATION IMPROVEMENTS TO THE APPLICANT'S BUSINESS PROP-
29 ERTY AS SHALL BE DETERMINED BY THE CORPORATION TO BE NECESSARY TO ELIMI-
30 NATE OR LESSEN THE EFFECTS OF FUTURE SIMILAR DISASTERS. BUSINESS PROPER-
31 TY SHALL INCLUDE REAL PROPERTY, MACHINERY, EQUIPMENT, FIXTURES,
32 INVENTORY AND LEASEHOLD IMPROVEMENTS; OR
33 (C) TIER 3 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
34 TO EXCEED TWO MILLION DOLLARS FOR THE RELOCATION AND CONSTRUCTION OF THE
35 BUSINESS PROPERTY OF THE SAME SIZE AND TYPE AS THE BUSINESS PROPERTY
36 DESTROYED BY THE DECLARED DISASTER AND LOCATED WITHIN THE SAME VILLAGE,
37 TOWN OR CITY AS THE DESTROYED BUSINESS PROPERTY, BUT OUTSIDE OF ANY
38 AREAS MOST PRONE TO REOCCURRENCE OF DISASTER DAMAGE AS DETERMINED BY THE
39 CORPORATION, AND SUCH NEWLY CONSTRUCTED BUSINESS PROPERTY SHALL INCLUDE
40 SUCH DISASTER MITIGATION FEATURES AS SHALL BE DETERMINED BY THE CORPO-
41 RATION TO BE NECESSARY TO ELIMINATE OR LESSEN THE EFFECTS OF FUTURE
42 SIMILAR DISASTERS. MONEYS PROVIDED PURSUANT TO THIS PARAGRAPH SHALL BE
43 USED FOR NEW CONSTRUCTION UPON REAL PROPERTY, AND FOR REPAIR AND
44 REPLACEMENT OF MACHINERY, EQUIPMENT, FIXTURES, INVENTORY AND LEASEHOLD
45 IMPROVEMENTS.
46 2. AS A CONDITION OF THE ISSUANCE OF ANY LOAN PURSUANT TO THIS
47 SECTION, THE CORPORATION MAY REQUIRE THE INCLUSION IN ANY CONTRACT OR
48 AGREEMENT OF ANY CONDITIONS AS IT MAY DEEM TO BE DESIRABLE AND/OR APPRO-
49 PRIATE AND DO ALL THINGS NECESSARY FOR THE EXECUTION OF ANY INSTRUMENT
50 RELATING TO OR DESIRABLE FOR THE PROVISION OF SUCH LOAN. FURTHERMORE,
51 THE CORPORATION MAY IMPOSE UPON EACH APPLICANT ANY SUCH FEE AND CHARGES
52 AS SHALL BE NECESSARY FOR THE ISSUANCE OF NOTES AND BONDS BY THE CORPO-
53 RATION FOR THE PURPOSE OF RAISING REVENUE FOR THE PURPOSE OF PROVIDING
54 LOANS PURSUANT TO THIS SECTION.
A. 10492 6
1 3. A BUSINESS OR NOT-FOR-PROFIT CORPORATION SEEKING A LOAN PURSUANT TO
2 THIS SECTION SHALL SUBMIT AN APPLICATION TO THE CORPORATION IN SUCH FORM
3 AND WITH SUCH CONTENT AS THE CHAIRMAN OF THE CORPORATION SHALL DETER-
4 MINE. ANY APPLICATION MAY BE DENIED UPON ANY SUCH GROUNDS AS THE CORPO-
5 RATION SHALL DETERMINE TO BE NECESSARY.
6 4. THE CORPORATION, IN CONSULTATION WITH ITS CHAIRMAN, SHALL PROMUL-
7 GATE ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF
8 THIS SECTION.
9 S 16-W. NEW YORK STATE BUSINESS ASSISTANCE RECONSTRUCTION AND EMPLOYEE
10 RETENTION REVOLVING LOAN FUND. 1. THE CORPORATION SHALL ESTABLISH A
11 SPECIAL FUND TO BE KNOWN AS THE "NEW YORK STATE BUSINESS ASSISTANCE
12 RECONSTRUCTION AND EMPLOYEE RETENTION REVOLVING LOAN FUND", AND SHALL
13 PAY INTO SUCH FUND ANY MONEYS WHICH SHALL BE MADE AVAILABLE TO THE
14 CORPORATION FOR THE PURPOSES OF SUCH FUND FROM ANY SOURCE INCLUDING, BUT
15 NOT LIMITED TO, MONEYS APPROPRIATED BY AND MADE AVAILABLE PURSUANT TO
16 APPROPRIATION BY THE STATE AND ANY INCOME OR INTEREST EARNED BY OR
17 INCREMENT TO THE FUND DUE TO INVESTMENT THEREOF.
18 2. THE MONEYS HELD IN OR CREDITED TO THE NEW YORK STATE BUSINESS
19 ASSISTANCE RECONSTRUCTION AND EMPLOYEE RETENTION REVOLVING LOAN FUND
20 SHALL BE EXPENDED SOLELY TO IMPLEMENT THE PROVISIONS OF SECTION
21 SIXTEEN-V OF THIS ACT.
22 3. SUCH MONEYS SHALL BE PAYABLE AT THE DIRECTION OF THE CHAIRMAN OF
23 THE CORPORATION, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET.
24 4. ALL BONDS AND NOTES ISSUED TO PROVIDE MONEYS TO THE NEW YORK STATE
25 BUSINESS ASSISTANCE RECONSTRUCTION AND EMPLOYEE RETENTION REVOLVING LOAN
26 FUND SHALL BE SPECIAL LIMITED OBLIGATIONS OF THE CORPORATION REPAYABLE
27 SOLELY FROM REVENUE DERIVED FROM THE REPAYMENT OF LOANS ISSUED PURSUANT
28 TO SECTION SIXTEEN-V OF THIS ACT. ALL ASSETS AND LIABILITIES CREATED
29 THROUGH THE ISSUANCE OF BONDS AND NOTES PURSUANT TO THIS SECTION SHALL
30 BE SEPARATE FROM ALL OTHER ASSETS AND LIABILITIES OF THE CORPORATION.
31 S 2. The economic development law is amended by adding a new section
32 107 to read as follows:
33 S 107. NEW YORK STATE BUSINESS ASSISTANCE RECONSTRUCTION AND EMPLOYEE
34 RETENTION GRANT PROGRAM. 1. THE DEPARTMENT, IN CONSULTATION WITH ITS
35 REGIONAL COUNCILS, MAY PROVIDE GRANTS OF NOT MORE THAN THIRTY THOUSAND
36 DOLLARS FOR RECONSTRUCTION AND WORKING EXPENSES RELATED TO A DISASTER
37 DECLARED BY THE GOVERNOR IN THE COUNTY IN WHICH A BUSINESS OR
38 NOT-FOR-PROFIT CORPORATION IS LOCATED, AND ADDITIONAL GRANTS OF ONE
39 THOUSAND DOLLARS FOR EACH EMPLOYEE RETAINED. SUCH GRANTS SHALL BE
40 AWARDED SOLELY TO BUSINESSES AND NOT-FOR-PROFIT CORPORATIONS WHICH HAVE
41 SUFFERED SUBSTANTIAL DISASTER RELATED LOSSES.
42 2. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS
43 SHALL BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
44 S 3. This act shall take effect immediately; provided, however, the
45 New York State urban development corporation shall not be required to
46 establish the revolving loan fund pursuant to this part unless and until
47 the governor has declared a disaster or state of emergency in a county.
48 Upon such declaration by the governor, the corporation shall have no
49 more than 10 days to establish and commence the operation of such
50 program in the county in which the disaster has been declared.
51 PART C
52 Section 1. Section 1 of chapter 174 of the laws of 1968, constituting
53 the New York state urban development corporation act, is amended by
54 adding two new sections 16-x and 16-y to read as follows:
A. 10492 7
1 S 16-X. NEW YORK STATE PRODUCTION AGRICULTURAL ASSISTANCE RECON-
2 STRUCTION LOAN PROGRAM. 1. THE CORPORATION SHALL ESTABLISH, ADMINISTER
3 AND OPERATE A NEW YORK STATE PRODUCTION AGRICULTURAL ASSISTANCE RECON-
4 STRUCTION LOAN PROGRAM. SUCH PROGRAM SHALL PROVIDE FOR THE ISSUANCE OF
5 INTEREST FREE LOANS TO FARMERS FOR REHABILITATION OF THEIR AGRICULTURAL
6 PROPERTY WHICH WAS DAMAGED OR DESTROYED AS THE RESULT OF A DISASTER
7 DECLARED BY THE GOVERNOR IN THE COUNTY IN WHICH THE AGRICULTURAL PROPER-
8 TY IS LOCATED. THE PROCEEDS OF SUCH LOANS MAY BE USED TO REFINANCE ANY
9 SECURED DEBT AGAINST THE AGRICULTURAL REAL PROPERTY OR PERSONAL PROPER-
10 TY. LOANS SHALL BE PROVIDED TO APPLICANTS AS FOLLOWS:
11 (A) TIER 1 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
12 TO EXCEED ONE MILLION DOLLARS FOR THE REPAIR AND REPLACEMENT OF THE
13 AGRI-BUSINESS TO THE CONDITION IT WAS IN IMMEDIATELY PRIOR TO THE ONSET
14 OF THE DECLARED DISASTER. AGRICULTURAL PROPERTY SHALL INCLUDE REAL PROP-
15 ERTY, MACHINERY, EQUIPMENT, CROPS, LIVESTOCK, INVENTORY AND LEASEHOLD
16 IMPROVEMENTS; OR
17 (B) TIER 2 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
18 TO EXCEED ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FOR THE REPAIR AND
19 REPLACEMENT OF THE AGRI-BUSINESS TO THE CONDITION IT WAS IN IMMEDIATELY
20 PRIOR TO THE ONSET OF THE DECLARED DISASTER, AND SHALL INCLUDE SUCH
21 DISASTER MITIGATION IMPROVEMENTS TO THE APPLICANT'S AGRICULTURAL PROPER-
22 TY AS SHALL BE DETERMINED BY THE CORPORATION TO BE NECESSARY TO ELIMI-
23 NATE OR LESSEN THE EFFECTS OF FUTURE SIMILAR DISASTERS. AGRICULTURAL
24 PROPERTY SHALL INCLUDE REAL PROPERTY, MACHINERY, EQUIPMENT, CROPS, LIVE-
25 STOCK, INVENTORY AND LEASEHOLD IMPROVEMENTS; OR
26 (C) TIER 3 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
27 TO EXCEED TWO MILLION DOLLARS FOR THE RELOCATION AND CONSTRUCTION OF THE
28 AGRI-BUSINESS OF THE SAME SIZE AND TYPE AS THE AGRICULTURAL PROPERTY
29 DESTROYED BY THE DECLARED DISASTER AND LOCATED WITHIN THE SAME VILLAGE,
30 TOWN OR CITY AS THE DESTROYED AGRICULTURAL PROPERTY, BUT OUTSIDE ANY
31 AREAS MOST PRONE TO REOCCURRENCE OF DISASTER DAMAGE AS DETERMINED BY THE
32 CORPORATION, AND SUCH NEWLY CONSTRUCTED AGRICULTURAL PROPERTY SHALL
33 INCLUDE SUCH DISASTER MITIGATION FEATURES AS SHALL BE DETERMINED BY THE
34 CORPORATION TO BE NECESSARY TO ELIMINATE OR LESSEN THE EFFECTS OF FUTURE
35 SIMILAR DISASTERS. MONEYS PROVIDED PURSUANT TO THIS PARAGRAPH SHALL BE
36 USED FOR NEW CONSTRUCTION UPON REAL PROPERTY, AND FOR REPAIR AND
37 REPLACEMENT OF MACHINERY, EQUIPMENT, CROPS, LIVESTOCK, INVENTORY AND
38 LEASEHOLD IMPROVEMENTS.
39 2. AS A CONDITION OF THE ISSUANCE OF ANY LOAN PURSUANT TO THIS
40 SECTION, THE CORPORATION MAY REQUIRE THE INCLUSION IN ANY CONTRACT OR
41 AGREEMENT OF ANY CONDITIONS AS IT MAY DEEM TO BE DESIRABLE AND/OR APPRO-
42 PRIATE AND DO ALL THINGS NECESSARY FOR THE EXECUTION OF ANY INSTRUMENT
43 RELATING TO OR DESIRABLE FOR THE PROVISION OF SUCH LOAN. FURTHERMORE,
44 THE CORPORATION MAY IMPOSE UPON EACH APPLICANT ANY SUCH FEES AND CHARGES
45 AS SHALL BE NECESSARY FOR THE ISSUANCE OF NOTES AND BONDS BY THE CORPO-
46 RATION FOR THE PURPOSE OF RAISING REVENUE FOR THE PURPOSE OF PROVIDING
47 LOANS PURSUANT TO THIS SECTION.
48 3. AN AGRI-BUSINESS SEEKING A LOAN PURSUANT TO THIS SECTION SHALL
49 SUBMIT AN APPLICATION TO THE CORPORATION IN SUCH FORM AND WITH SUCH
50 CONTENT AS THE CHAIRMAN OF THE CORPORATION SHALL DETERMINE. ANY APPLICA-
51 TION MAY BE DENIED UPON ANY SUCH GROUNDS AS THE CORPORATION SHALL DETER-
52 MINE TO BE NECESSARY.
53 4. THE CORPORATION, IN CONSULTATION WITH ITS CHAIRMAN AND THE COMMIS-
54 SIONER OF AGRICULTURE AND MARKETS, SHALL PROMULGATE ANY RULES AND REGU-
55 LATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
A. 10492 8
1 S 16-Y. NEW YORK STATE PRODUCTION AGRICULTURAL ASSISTANCE RECON-
2 STRUCTION REVOLVING LOAN FUND. 1. THE CORPORATION SHALL ESTABLISH A
3 SPECIAL FUND TO BE KNOWN AS THE "NEW YORK STATE PRODUCTION AGRICULTURAL
4 ASSISTANCE RECONSTRUCTION REVOLVING LOAN FUND", AND SHALL PAY INTO SUCH
5 FUND ANY MONEYS WHICH SHALL BE MADE AVAILABLE TO THE CORPORATION FOR THE
6 PURPOSES OF SUCH FUND FROM ANY SOURCE INCLUDING, BUT NOT LIMITED TO,
7 MONEYS APPROPRIATED BY AND MADE AVAILABLE PURSUANT TO APPROPRIATION BY
8 THE STATE AND ANY INCOME OR INTEREST EARNED BY OR INCREMENTED TO THE
9 FUND DUE TO INVESTMENT THEREOF.
10 2. THE MONEYS HELD IN OR CREDITED TO THE NEW YORK STATE PRODUCTION
11 AGRICULTURAL ASSISTANCE RECONSTRUCTION REVOLVING LOAN FUND SHALL BE
12 EXPENDED SOLELY TO IMPLEMENT THE PROVISIONS OF SECTION SIXTEEN-X OF THIS
13 ACT.
14 3. SUCH MONEYS SHALL BE PAYABLE AT THE DIRECTION OF THE CHAIRMAN OF
15 THE CORPORATION, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET AND THE
16 COMMISSIONER OF AGRICULTURE AND MARKETS.
17 4. ALL BONDS AND NOTES ISSUED TO PROVIDE MONEYS TO THE NEW YORK STATE
18 PRODUCTION AGRICULTURAL ASSISTANCE RECONSTRUCTION REVOLVING LOAN FUND
19 SHALL BE SPECIAL LIMITED OBLIGATIONS OF THE CORPORATION REPAYABLE SOLELY
20 FROM REVENUE DERIVED FROM THE REPAYMENT OF LOANS ISSUED PURSUANT TO
21 SECTION SIXTEEN-X OF THIS ACT. ALL ASSETS AND LIABILITIES CREATED
22 THROUGH THE ISSUANCE OF BONDS AND NOTES PURSUANT TO THIS SECTION SHALL
23 BE SEPARATE FROM ALL OTHER ASSETS AND LIABILITIES OF THE CORPORATION.
24 S 2. The agriculture and markets law is amended by adding a new
25 section 324-b to read as follows:
26 S 324-B. NEW YORK STATE PRODUCTION AGRICULTURAL ASSISTANCE GRANT
27 PROGRAM. 1. THE COMMISSIONER SHALL INITIATE AND MAINTAIN A NEW YORK
28 STATE PRODUCTION AGRICULTURAL ASSISTANCE GRANT PROGRAM TO PROVIDE FINAN-
29 CIAL ASSISTANCE TO FARMERS OPERATING AGRICULTURAL PRODUCTION BUSINESSES.
30 GRANTS SHALL BE PROVIDED TO FARMERS AS FOLLOWS:
31 (A) TIER 1. FAMILY FARMS AND OTHER AGRICULTURAL PRODUCTION BUSINESSES
32 SHALL BE ELIGIBLE FOR A GRANT OF NOT MORE THAN THIRTY THOUSAND DOLLARS
33 FOR RECONSTRUCTION AND WORKING EXPENSES RELATED TO AGRICULTURAL
34 PRODUCTION, PLUS AN ADDITIONAL GRANT NOT TO EXCEED FIFTEEN PERCENT OF
35 THE APPLICANT'S GROSS CASH INCOME DURING THE IMMEDIATELY PRECEDING
36 CALENDAR YEAR; OR
37 (B) TIER 2. AGRICULTURAL PRODUCTION BUSINESSES SHALL BE ELIGIBLE FOR A
38 GRANT OF NOT MORE THAN FIFTY THOUSAND DOLLARS FOR RECONSTRUCTION AND
39 WORKING EXPENSES INCURRED AS THE RESULT OF AN EMERGENCY, INCLUDING A
40 FLOOD, STORM OR OTHER UNFORESEEABLE NATURAL DISASTER, WHERE THE SUSTAIN-
41 ABILITY OF FARM OPERATIONS IS PROHIBITED DUE TO SOIL EROSION, LOSS OF
42 LAND VIABILITY OR OTHER SUCH OCCURRENCES; OR
43 (C) TIER 3. AGRICULTURAL PRODUCTION BUSINESSES SHALL BE ELIGIBLE FOR A
44 GRANT OF NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS FOR RECONSTRUCTION
45 AND WORKING EXPENSES INCURRED AS THE RESULT OF AN EMERGENCY, INCLUDING A
46 FLOOD, STORM OR OTHER UNFORESEEABLE NATURAL DISASTER, WHERE THE SUSTAIN-
47 ABILITY OF FARM OPERATIONS IS PROHIBITED BY BUILDING OR EQUIPMENT LOSS.
48 2. THE COMMISSIONER, IN CONSULTATION AND COOPERATION WITH EMERGENCY,
49 ENVIRONMENTAL AND AGRICULTURAL ENTITIES, SHALL PROMULGATE SUCH RULES AND
50 REGULATIONS AS SHALL BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
51 SECTION. SUCH RULES AND REGULATIONS SHALL ESTABLISH CRITERIA FOR DETER-
52 MINING THE ELIGIBILITY FOR GRANTS PURSUANT TO THIS SECTION OF AGRICUL-
53 TURAL PRODUCTION BUSINESSES WHICH HAVE SUFFERED SUBSTANTIAL FARMLAND
54 LOSS IN A NATURAL DISASTER. THE DEPARTMENT SHALL MAKE USE OF ANY AND ALL
55 AVAILABLE RESOURCES OF THE STATE AND ITS COUNTIES AS SHALL BE APPROPRI-
56 ATE FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
A. 10492 9
1 S 3. This act shall take effect immediately, provided, however, the
2 New York State urban development corporation shall not be required to
3 establish the revolving loan fund pursuant to this part unless and until
4 the governor has declared a disaster or state of emergency in a county.
5 Upon such declaration by the governor, the corporation shall have no
6 more than 10 days to establish and commence the operation of such
7 program in the county in which the disaster has been declared.
8 PART D
9 Section 1. The public authorities law is amended by adding three new
10 sections 1679-d, 1679-e and 1679-f to read as follows:
11 S 1679-D. NEW YORK STATE MUNICIPAL AND SCHOOL DISTRICT STOP GAP
12 PROGRAM. 1. THE AUTHORITY SHALL ESTABLISH, ADMINISTER AND OPERATE A NEW
13 YORK STATE MUNICIPAL AND SCHOOL DISTRICT STOP GAP PROGRAM. SUCH PROGRAM
14 SHALL PROVIDE FOR THE ISSUANCE OF INTEREST FREE LOANS TO CITIES, TOWNS,
15 VILLAGES AND SCHOOL DISTRICTS FOR REHABILITATING MUNICIPAL AND SCHOOL
16 DISTRICT PROPERTY WHICH WAS DAMAGED OR DESTROYED AS THE RESULT OF A
17 DISASTER DECLARED BY THE GOVERNOR IN THE COUNTY IN WHICH THE CITY, TOWN,
18 VILLAGE OR SCHOOL DISTRICT IS LOCATED. LOANS SHALL BE PROVIDED TO APPLI-
19 CANTS AS FOLLOWS:
20 (A) TIER 1 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
21 TO EXCEED FIVE MILLION DOLLARS FOR THE REPAIR AND REPLACEMENT OF THE
22 MUNICIPAL OR SCHOOL DISTRICT PROPERTY TO THE CONDITION IT WAS IN IMME-
23 DIATELY PRIOR TO THE ONSET OF THE DECLARED DISASTER. MUNICIPAL AND
24 SCHOOL DISTRICT PROPERTY SHALL INCLUDE REAL PROPERTY, INFRASTRUCTURE
25 (INCLUDING WATER AND SEWER FACILITIES, BRIDGES AND ROADS), MACHINERY,
26 EQUIPMENT, FIXTURES AND OTHER EXPENSES APPROVED BY THE AUTHORITY;
27 (B) TIER 2 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
28 TO EXCEED TEN MILLION DOLLARS FOR THE REPAIR AND REPLACEMENT OF THE
29 MUNICIPAL AND SCHOOL DISTRICT PROPERTY TO THE CONDITION IT WAS IN IMME-
30 DIATELY PRIOR TO THE ONSET OF THE DECLARED DISASTER, AND SHALL INCLUDE
31 SUCH DISASTER MITIGATION IMPROVEMENTS TO THE MUNICIPALITY'S OR SCHOOL
32 DISTRICT'S PROPERTY AS SHALL BE DETERMINED BY THE AUTHORITY TO BE NECES-
33 SARY TO ELIMINATE OR LESSEN THE EFFECTS OF FUTURE SIMILAR DISASTERS.
34 MUNICIPAL AND SCHOOL DISTRICT PROPERTY SHALL INCLUDE REAL PROPERTY,
35 INFRASTRUCTURE (INCLUDING WATER AND SEWER FACILITIES, BRIDGES AND
36 ROADS), MACHINERY, EQUIPMENT, FIXTURES AND OTHER EXPENSES APPROVED BY
37 THE AUTHORITY; OR
38 (C) TIER 3 LOAN. A LOAN FOR A TERM OF THIRTY YEARS, IN AN AMOUNT NOT
39 TO EXCEED FIFTEEN MILLION DOLLARS FOR THE RELOCATION AND CONSTRUCTION OF
40 THE MUNICIPAL AND SCHOOL DISTRICT PROPERTY OF THE SAME SIZE AND TYPE AS
41 THE MUNICIPAL AND SCHOOL DISTRICT PROPERTY DESTROYED BY THE DECLARED
42 DISASTER AND OUTSIDE OF ANY AREAS MOST PRONE TO REOCCURRENCE OF DISASTER
43 DAMAGE AS DETERMINED BY THE AUTHORITY, AND SUCH NEWLY CONSTRUCTED MUNIC-
44 IPAL OR SCHOOL DISTRICT PROPERTY SHALL INCLUDE SUCH DISASTER MITIGATION
45 FEATURES AS SHALL BE DETERMINED BY THE AUTHORITY TO BE NECESSARY TO
46 ELIMINATE OR LESSEN THE EFFECTS OF FUTURE SIMILAR DISASTERS. MONEYS
47 PROVIDED PURSUANT TO THIS PARAGRAPH SHALL BE USED FOR NEW CONSTRUCTION
48 UPON REAL PROPERTY, AND FOR REPAIR AND REPLACEMENT OF INFRASTRUCTURE
49 (INCLUDING WATER AND SEWER FACILITIES, BRIDGES AND ROADS), MACHINERY,
50 EQUIPMENT, FIXTURES AND OTHER EXPENSES APPROVED BY THE AUTHORITY.
51 2. AS A CONDITION OF THE ISSUANCE OF ANY LOAN PURSUANT TO THIS
52 SECTION, THE AUTHORITY MAY REQUIRE THE INCLUSION IN ANY CONTRACT OR
53 AGREEMENT OF ANY CONDITIONS AS IT MAY DEEM TO BE DESIRABLE AND/OR APPRO-
54 PRIATE AND DO ALL THINGS NECESSARY FOR THE EXECUTION OF ANY INSTRUMENT
A. 10492 10
1 RELATING TO OR DESIRABLE FOR THE PROVISION OF SUCH LOAN. FURTHERMORE,
2 THE AUTHORITY MAY IMPOSE UPON EACH APPLICANT ANY SUCH FEES AND CHARGES
3 AS SHALL BE NECESSARY FOR THE ISSUANCE OF NOTES AND BONDS BY THE AUTHOR-
4 ITY FOR THE PURPOSE OF RAISING REVENUE FOR THE PURPOSE OF PROVIDING
5 LOANS PURSUANT TO THIS SECTION.
6 3. A CITY, TOWN, VILLAGE OR SCHOOL DISTRICT SEEKING A LOAN PURSUANT TO
7 THIS SECTION SHALL SUBMIT AN APPLICATION TO THE AUTHORITY IN SUCH FORM
8 AND WITH SUCH CONTENT AS THE CHAIR OF THE AUTHORITY SHALL DETERMINE. ANY
9 APPLICATION MAY BE DENIED UPON SUCH GROUNDS AS THE AUTHORITY SHALL
10 DETERMINE TO BE NECESSARY.
11 4. THE AUTHORITY, IN CONSULTATION WITH THE EDUCATION DEPARTMENT, SHALL
12 PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE
13 PROVISIONS OF THIS SECTION.
14 S 1679-E. NEW YORK STATE MUNICIPAL AND SCHOOL DISTRICT STOP GAP
15 REVOLVING LOAN FUND. 1. THE AUTHORITY SHALL ESTABLISH A SPECIAL FUND TO
16 BE KNOWN AS THE "NEW YORK STATE MUNICIPAL AND SCHOOL DISTRICT STOP GAP
17 REVOLVING LOAN FUND", AND SHALL PAY INTO SUCH FUND ANY MONEYS WHICH
18 SHALL BE MADE AVAILABLE TO THE AUTHORITY FOR THE PURPOSES OF SUCH FUND
19 FROM ANY SOURCE INCLUDING, BUT NOT LIMITED TO, MONEYS APPROPRIATED BY
20 AND MADE AVAILABLE PURSUANT TO APPROPRIATION BY THE STATE AND ANY INCOME
21 OR INTEREST EARNED BY OR INCREMENTED TO THE FUND DUE TO INVESTMENT THER-
22 EOF.
23 2. THE MONEYS HELD IN OR CREDITED TO THE NEW YORK STATE MUNICIPAL AND
24 SCHOOL DISTRICT STOP GAP REVOLVING LOAN FUND SHALL BE EXPENDED SOLELY TO
25 IMPLEMENT THE PROVISIONS OF SECTION SIXTEEN HUNDRED SEVENTY-NINE-D OF
26 THIS TITLE.
27 3. SUCH MONEYS SHALL BE PAYABLE AT THE DIRECTION OF THE CHAIR OF THE
28 AUTHORITY, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET AND THE
29 COMMISSIONER OF EDUCATION.
30 4. ALL BONDS AND NOTES ISSUED TO PROVIDE MONEYS TO THE NEW YORK STATE
31 MUNICIPAL AND SCHOOL DISTRICT STOP GAP REVOLVING LOAN FUND SHALL BE
32 SPECIAL LIMITED OBLIGATIONS OF THE AUTHORITY AND SHALL BE PAID FOR AS
33 DESCRIBED IN SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THE
34 EDUCATION LAW. ALL ASSETS AND LIABILITIES CREATED THROUGH THE ISSUANCE
35 OF BONDS AND NOTES PURSUANT TO THIS SECTION SHALL BE SEPARATE FROM ALL
36 OTHER ASSETS AND LIABILITIES OF THE AUTHORITY.
37 S 1679-F. NEW YORK STATE MUNICIPAL AND SCHOOL DISTRICT STOP GAP GRANT
38 PROGRAM. 1. THE AUTHORITY SHALL ESTABLISH, ADMINISTER AND OPERATE A NEW
39 YORK STATE MUNICIPAL AND SCHOOL DISTRICT STOP GAP GRANT PROGRAM. SUCH
40 PROGRAM SHALL PROVIDE FOR THE ISSUANCE OF GRANTS TO CITIES, TOWNS,
41 VILLAGES AND SCHOOL DISTRICTS FOR REHABILITATING MUNICIPAL AND SCHOOL
42 DISTRICT PROPERTY WHICH HAS BEEN DAMAGED OR DESTROYED AS THE RESULT OF A
43 DISASTER DECLARED BY THE GOVERNOR IN THE COUNTY IN WHICH THE CITY, TOWN,
44 VILLAGE OR SCHOOL DISTRICT IS LOCATED. GRANTS SHALL BE PROVIDED TO
45 APPLICANTS AS FOLLOWS:
46 (A) TIER 1 GRANT. A GRANT IN AN AMOUNT NOT TO EXCEED TWO MILLION
47 DOLLARS FOR THE REPAIR AND REPLACEMENT OF THE MUNICIPAL OR SCHOOL
48 DISTRICT PROPERTY TO THE CONDITION IT WAS IN IMMEDIATELY PRIOR TO THE
49 ONSET OF THE DECLARED DISASTER. MUNICIPAL AND SCHOOL DISTRICT PROPERTY
50 SHALL INCLUDE REAL PROPERTY, INFRASTRUCTURE (INCLUDING WATER AND SEWER
51 FACILITIES, BRIDGES AND ROADS), MACHINERY, EQUIPMENT, FIXTURES AND OTHER
52 EXPENSES APPROVED BY THE AUTHORITY;
53 (B) TIER 2 GRANT. A GRANT IN AN AMOUNT NOT TO EXCEED FOUR MILLION
54 DOLLARS FOR THE REPAIR AND REPLACEMENT OF THE MUNICIPAL AND SCHOOL
55 DISTRICT PROPERTY TO THE CONDITION IT WAS IN IMMEDIATELY PRIOR TO THE
56 ONSET OF THE DECLARED DISASTER, AND SHALL INCLUDE SUCH DISASTER MITI-
A. 10492 11
1 GATION IMPROVEMENTS TO THE MUNICIPALITY'S OR SCHOOL DISTRICT'S PROPERTY
2 AS SHALL BE DETERMINED BY THE AUTHORITY TO BE NECESSARY TO ELIMINATE OR
3 LESSEN THE EFFECTS OF FUTURE SIMILAR DISASTERS. MUNICIPAL AND SCHOOL
4 DISTRICT PROPERTY SHALL INCLUDE REAL PROPERTY, INFRASTRUCTURE (INCLUDING
5 WATER AND SEWER FACILITIES, BRIDGES AND ROADS), MACHINERY, EQUIPMENT,
6 FIXTURES AND OTHER EXPENSES APPROVED BY THE AUTHORITY; OR
7 (C) TIER 3 LOAN. A GRANT IN AN AMOUNT NOT TO EXCEED SIX MILLION
8 DOLLARS FOR THE RELOCATION AND CONSTRUCTION OF THE MUNICIPAL AND SCHOOL
9 DISTRICT PROPERTY OF THE SAME SIZE AND TYPE AS THE MUNICIPAL AND SCHOOL
10 DISTRICT PROPERTY DESTROYED BY THE DECLARED DISASTER AND OUTSIDE ANY
11 AREAS MOST PRONE TO REOCCURRENCE OF DISASTER DAMAGE AS DETERMINED BY THE
12 AUTHORITY, AND SUCH NEWLY CONSTRUCTED MUNICIPAL OR SCHOOL DISTRICT PROP-
13 ERTY SHALL INCLUDE SUCH DISASTER MITIGATION FEATURES AS SHALL BE DETER-
14 MINED BY THE AUTHORITY TO BE NECESSARY TO ELIMINATE OR LESSEN THE
15 EFFECTS OF FUTURE SIMILAR DISASTERS. MONEYS PROVIDED PURSUANT TO THIS
16 PARAGRAPH SHALL BE USED FOR NEW CONSTRUCTION UPON REAL PROPERTY, AND FOR
17 REPAIR AND REPLACEMENT OF INFRASTRUCTURE (INCLUDING WATER AND SEWER
18 FACILITIES, BRIDGES AND ROADS), MACHINERY, EQUIPMENT, FIXTURES AND OTHER
19 EXPENSES APPROVED BY THE AUTHORITY.
20 2. A CITY, TOWN, VILLAGE OR SCHOOL DISTRICT SEEKING A GRANT PURSUANT
21 TO THIS SECTION SHALL SUBMIT AN APPLICATION TO THE AUTHORITY IN SUCH
22 FORM AND WITH SUCH CONTENT AS THE CHAIR OF THE AUTHORITY SHALL DETER-
23 MINE. ANY APPLICATION MAY BE DENIED UPON SUCH GROUNDS AS THE AUTHORITY
24 SHALL DETERMINE TO BE NECESSARY.
25 3. THE AUTHORITY, IN CONSULTATION WITH THE EDUCATION DEPARTMENT, SHALL
26 PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE
27 PROVISIONS OF THIS SECTION.
28 S 2. This act shall take effect immediately, provided, however, the
29 New York State dormitory authority shall not be required to establish
30 the revolving loan fund pursuant to this part unless and until the
31 governor has declared a disaster or state of emergency in a county. Upon
32 such declaration by the governor, the authority shall have no more than
33 10 days to establish and commence the operation of such program in the
34 county in which the disaster has been declared.
35 PART E
36 Section 1. The private housing finance law is amended by adding a new
37 section 47-g to read as follows:
38 S 47-G. NEW YORK STATE TAX ASSISTANCE REVOLVING LOAN FUND PROGRAM. 1.
39 THE AGENCY SHALL ESTABLISH, ADMINISTER AND OPERATE A NEW YORK STATE TAX
40 ASSISTANCE REVOLVING LOAN FUND PROGRAM. SUCH PROGRAM SHALL PROVIDE FOR
41 THE ISSUANCE OF INTEREST FREE LOANS TO REAL PROPERTY TAXING JURISDIC-
42 TIONS FOR DELINQUENT REAL PROPERTY TAXES WHICH WERE UNPAID BY REAL PROP-
43 ERTY OWNERS AS THE RESULT OF A DISASTER DECLARED BY THE GOVERNOR IN THE
44 COUNTY IN WHICH THE REAL PROPERTY TAXING JURISDICTION IS LOCATED.
45 ELIGIBLE REAL PROPERTY TAXING JURISDICTIONS MAY RECEIVE A LOAN PURSUANT
46 TO THIS SECTION EQUAL TO NOT MORE THAN ONE-HALF OF THE TAX DELINQUENCY
47 INCURRED IN THE TWO THOUSAND TWELVE AND TWO THOUSAND THIRTEEN TAX YEARS.
48 2. THE AGENCY SHALL ESTABLISH A SPECIAL FUND TO BE KNOWN AS THE "NEW
49 YORK STATE TAX ASSISTANCE REVOLVING LOAN FUND", AND SHALL PAY INTO SUCH
50 FUND ANY MONEYS WHICH SHALL BE MADE AVAILABLE TO THE AGENCY FOR THE
51 PURPOSES OF SUCH FUND FROM ANY SOURCE INCLUDING, BUT NOT LIMITED TO,
52 MONEYS APPROPRIATED BY AND MADE AVAILABLE PURSUANT TO APPROPRIATION BY
53 THE STATE AND ANY INCOME OR INTEREST EARNED BY OR INCREMENTED TO THE
54 FUND DUE TO INVESTMENT THEREOF.
A. 10492 12
1 3. THE MONEYS HELD IN OR CREDITED TO THE NEW YORK STATE TAX ASSISTANCE
2 REVOLVING LOAN FUND SHALL BE EXPENDED SOLELY TO IMPLEMENT THE PROVISION
3 OF THIS SECTION. TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE AGENCY
4 MAY EXTEND CREDIT TO OR ON BEHALF OF A REAL PROPERTY TAXING JURISDICTION
5 FOR CONSTRUCTION OR REPAIR OF MUNICIPAL PROPERTY.
6 4. SUCH MONEYS SHALL BE PAYABLE AT THE DIRECTION OF THE CHAIRMAN OF
7 THE AGENCY, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET AND THE
8 COMMISSIONER OF TAXATION AND FINANCE.
9 5. ALL BONDS AND NOTES ISSUED TO PROVIDE MONEYS TO THE TAX DISASTER
10 RELIEF REVOLVING LOAN FUND SHALL BE SPECIAL LIMITED OBLIGATIONS OF THE
11 AGENCY REPAYABLE SOLELY FROM REVENUE DERIVED FROM THE REPAYMENT OF LOANS
12 ISSUED PURSUANT TO THIS SECTION. ALL ASSETS AND LIABILITIES CREATED
13 THROUGH THE ISSUANCE OF BONDS AND NOTES PURSUANT TO THIS SECTION SHALL
14 BE KEPT SEPARATE FROM ALL OTHER ASSETS AND LIABILITIES OF THE AGENCY.
15 S 2. This act shall take effect immediately, provided, however, the
16 New York State housing finance agency shall not be required to establish
17 the revolving loan fund pursuant to this part unless and until the
18 governor has declared a disaster or state of emergency in a county. Upon
19 such declaration by the governor, the agency shall have no more than 10
20 days to establish and commence the operation of such program in the
21 county in which the disaster has been declared.
22 PART F
23 Section 1. The real property tax law is amended by adding a new
24 section 303 to read as follows:
25 S 303. REASSESSMENT AFTER NATURAL DISASTERS. 1. WITHIN SIX MONTHS OF
26 A DISASTER DECLARED BY THE GOVERNOR IN A COUNTY, A QUALIFIED PROFES-
27 SIONAL SHALL REASSESS EACH PARCEL OF REAL PROPERTY THAT WAS DAMAGED OR
28 DESTROYED BY SUCH DISASTER AND SHALL PROVIDE SUCH REASSESSMENT TO THE
29 COUNTY ASSESSOR.
30 2. FOR PURPOSES OF THIS SECTION, "QUALIFIED PROFESSIONAL" SHALL MEAN
31 AN ASSESSOR, LOCAL CODE ENFORCEMENT OFFICER, BUILDING INSPECTOR OR
32 CONTRACTOR.
33 S 2. Section 210 of the tax law is amended by adding a new subdivision
34 45 to read as follows:
35 45. NATURAL DISASTER PROPERTY TAX CREDIT. (A) ALLOWANCE OF CREDIT. A
36 TAXPAYER, WHO OWNS REAL PROPERTY WHICH IS AFFECTED BY A DISASTER
37 DECLARED BY THE GOVERNOR AND SUCH REAL PROPERTY HAS BEEN REASSESSED
38 PURSUANT TO SECTION THREE HUNDRED THREE OF THE REAL PROPERTY TAX LAW,
39 SHALL BE ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN THIS SUBDIVI-
40 SION, AGAINST THE TAX IMPOSED BY THIS ARTICLE. THE AMOUNT OF THE CREDIT
41 SHALL EQUAL THE RESULT OF ALL REAL PROPERTY TAXES PAID ON THE TAXPAYER'S
42 REAL PROPERTY LESS THE REDUCED ASSESSMENT, PURSUANT TO SECTION THREE
43 HUNDRED THREE OF THE REAL PROPERTY TAX LAW, MULTIPLIED BY THE SUM OF ALL
44 REAL PROPERTY TAX RATES APPLICABLE TO SUCH REAL PROPERTY.
45 (B) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT SHALL EXCEED
46 THE TAXPAYER'S TAX FOR SUCH YEAR THE EXCESS SHALL BE CARRIED OVER TO THE
47 FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR
48 SUCH YEAR OR YEARS.
49 S 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
50 of the tax law is amended by adding a new clause (xxxiv) to read as
51 follows:
52 (XXXIV) NATURAL DISASTER AMOUNT OF CREDIT UNDER
53 PROPERTY TAX CREDIT SUBDIVISION FORTY-FIVE OF
A. 10492 13
1 UNDER SUBSECTION (UU) SECTION TWO HUNDRED TEN
2 S 4. Section 606 of the tax law is amended by adding a new subsection
3 (uu) to read as follows:
4 (UU) NATURAL DISASTER PROPERTY TAX CREDIT. (1) ALLOWANCE OF CREDIT. A
5 TAXPAYER, WHO OWNS REAL PROPERTY WHICH IS AFFECTED BY A DISASTER
6 DECLARED BY THE GOVERNOR AND SUCH REAL PROPERTY HAS BEEN REASSESSED
7 PURSUANT TO SECTION THREE HUNDRED THREE OF THE REAL PROPERTY TAX LAW,
8 SHALL BE ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN THIS SUBSECTION,
9 AGAINST THE TAX IMPOSED BY THIS ARTICLE. THE AMOUNT OF THE CREDIT SHALL
10 EQUAL THE RESULT OF ALL REAL PROPERTY TAXES PAID ON THE TAXPAYER'S REAL
11 PROPERTY LESS THE REDUCED ASSESSMENT, PURSUANT TO SECTION THREE HUNDRED
12 THREE OF THE REAL PROPERTY TAX LAW, MULTIPLIED BY THE SUM OF ALL REAL
13 PROPERTY TAX RATES APPLICABLE TO SUCH REAL PROPERTY.
14 2. APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT SHALL EXCEED THE
15 TAXPAYER'S TAX FOR SUCH YEAR THE EXCESS SHALL BE CARRIED OVER TO THE
16 FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR
17 SUCH YEAR OR YEARS.
18 S 5. This act shall take effect immediately.
19 PART G
20 Section 1. The workers' compensation law is amended by adding a new
21 section 88-d to read as follows:
22 S 88-D. COVERAGE OF MEMBERS OF COMMUNITY EMERGENCY RESPONSE TEAMS. 1.
23 ANY MUNICIPALITY THAT EMPLOYS MEMBERS OF A COMMUNITY EMERGENCY RESPONSE
24 TEAM MAY ELECT TO MAKE COMPENSATIONS PAYABLE UNDER THIS CHAPTER AVAIL-
25 ABLE TO SUCH MEMBERS. SUCH COMPENSATIONS SHALL BE PAID FROM THE STATE
26 INSURANCE FUND, AND ALL PAYMENTS TO THE STATE INSURANCE FUND FOR INSUR-
27 ANCE PREMIUMS ON ACCOUNT OF SUCH MEMBERS INCLUDING A PROPORTIONATE SHARE
28 OF THE ADMINISTRATIVE EXPENSE OF THE STATE INSURANCE FUND ON ACCOUNT
29 THEREOF SHALL BE A LIABILITY OF THE MUNICIPALITY.
30 2. COMPUTATION OF PREMIUMS FOR COVERAGE OF MEMBERS OF COMMUNITY EMER-
31 GENCY RESPONSE TEAMS SHALL BE MADE IN THE SAME MANNER AS THOSE ASSESSED
32 FOR COVERAGE OF VOLUNTEER FIREFIGHTERS AND VOLUNTEER AMBULANCE WORKERS
33 PURSUANT TO THIS ARTICLE, THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW AND
34 THE VOLUNTEER AMBULANCE WORKERS' BENEFIT LAW.
35 S 2. Subdivisions 3 and 4 of section 209-bb of the general municipal
36 law, as amended by chapter 482 of the laws of 1997, are amended to read
37 as follows:
38 3. Municipalities and organizations that insure volunteer firefight-
39 ers, volunteer ambulance workers, MEMBERS OF COMMUNITY EMERGENCY
40 RESPONSE TEAMS or municipal employees, as the term "employee" is defined
41 under section eighteen of the public officers law, may extend such
42 insurance coverage to members of a specialized team by resolution.
43 4. For the purposes of this section, "specialized teams" shall mean
44 any emergency team or squad composed of volunteer firefighters, volun-
45 teer ambulance workers or municipal employees, who shall have attained
46 the minimum level of training or experience to meet qualifying standards
47 established by the office of fire prevention and control, and which is
48 administered by the state, a county, city or town for the purposes of
49 training for or responding to a man made or natural disaster by carrying
50 out any activities which are within the relevant training and expertise
51 of such municipal employees or are authorized pursuant to the volunteer
52 firefighters' benefit law or the volunteer ambulance workers' benefit
53 law but which are not normally provided by such entities. SUCH TERM
54 SHALL ALSO MEAN ANY COMMUNITY EMERGENCY RESPONSE TEAM REGISTERED WITH
A. 10492 14
1 THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, AND COMPOSED OF
2 VOLUNTEERS FOR THE PURPOSE OF TRAINING FOR OR RESPONDING TO MAN MADE OR
3 NATURAL DISASTERS, OR OTHER EMERGENCY SITUATIONS FOR WHICH SUCH TEAM HAS
4 TRAINING.
5 S 3. This act shall take effect immediately.
6 PART H
7 Section 1. The executive law is amended by adding a new section 13 to
8 read as follows:
9 S 13. SUSPENSION OF EXECUTIVE ORDERS, RULES AND REGULATIONS; NATURAL
10 DISASTER. UPON THE DECLARATION OF A DISASTER IN ANY COUNTY BY THE GOVER-
11 NOR, HE OR SHE SHALL SUSPEND THE APPLICATION IN SUCH COUNTY OF SUCH
12 EXECUTIVE ORDERS, RULES AND REGULATIONS AS THE GOVERNOR SHALL DETERMINE
13 FOR A PERIOD OF NOT LESS THAN TWELVE MONTHS.
14 S 2. The labor law is amended by adding a new section 222-b to read as
15 follows:
16 S 222-B. SUSPENSION OF APPLICATION OF THIS ARTICLE; NATURAL DISASTER.
17 UPON THE DECLARATION BY THE GOVERNOR OF A DISASTER IN ANY COUNTY, THE
18 APPLICATION OF THE PROVISIONS OF THIS ARTICLE SHALL BE SUSPENDED FOR A
19 PERIOD OF NOT LESS THAN THIRTY-SIX MONTHS.
20 S 3. Section 135 of the state finance law is amended by adding a new
21 closing paragraph to read as follows:
22 UPON THE DECLARATION BY THE GOVERNOR OF A DISASTER IN ANY COUNTY, THE
23 APPLICATION OF THE PROVISIONS OF THIS SECTION SHALL BE SUSPENDED FOR A
24 PERIOD OF NOT LESS THAN THIRTY-SIX MONTHS.
25 S 4. Section 101 of the general municipal law is amended by adding a
26 new subdivision 6 to read as follows:
27 6. UPON THE DECLARATION BY THE GOVERNOR OF A DISASTER IN ANY COUNTY,
28 THE APPLICATION OF THE PROVISIONS OF THIS SECTION SHALL BE SUSPENDED FOR
29 A PERIOD OF NOT LESS THAN THIRTY-SIX MONTHS.
30 S 5. This act shall take effect immediately.
31 PART I
32 Section 1. The real property tax law is amended by adding a new
33 section 561 to read as follows:
34 S 561. DISASTER PROPERTY TAX RECOVERY GRANT PROGRAM. 1. FOR THE TAX
35 YEAR FOLLOWING THE DECLARATION BY THE GOVERNOR OF A DISASTER IN A COUN-
36 TY, ONE-HALF OF REDUCTION IN REAL PROPERTY TAX REVENUE TO EACH REAL
37 PROPERTY TAX JURISDICTION IN SUCH COUNTY, WHEN SUCH REDUCTION IS THE
38 RESULT OF REDUCED REAL PROPERTY ASSESSMENTS CAUSED BY SUCH DISASTER,
39 SHALL BE A STATE CHARGE, WHICH SHALL BE PAYABLE PURSUANT TO THIS
40 SECTION.
41 2. A REAL PROPERTY TAX JURISDICTION SEEKING A GRANT PURSUANT TO THIS
42 SECTION SHALL SUBMIT AN APPLICATION THEREFOR TO THE COMMISSIONER. THE
43 APPLICATION SHALL INCLUDE SUCH INFORMATION AS THE COMMISSIONER SHALL
44 REQUIRE.
45 3. UPON APPROVING AN APPLICATION FOR A GRANT PURSUANT TO THIS SECTION,
46 THE COMMISSIONER SHALL COMPUTE AND CERTIFY TO THE REAL PROPERTY TAX
47 JURISDICTION THE AMOUNT PAYABLE TO SUCH JURISDICTION UPON THE AUDIT AND
48 WARRANT OF THE STATE COMPTROLLER FROM VOUCHERS CERTIFIED AND APPROVED BY
49 THE COMMISSIONER.
50 S 2. This act shall take effect immediately.
51 S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
52 sion, section or part of this act shall be adjudged by any court of
A. 10492 15
1 competent jurisdiction to be invalid, such judgment shall not affect,
2 impair or invalidate the remainder thereof, but shall be confined in its
3 operation to the clause, sentence, paragraph, subdivision, section or
4 part thereof directly involved in the controversy in which such judgment
5 shall have been rendered. It is hereby declared to be the intent of the
6 legislature that this act would have been enacted even if such invalid
7 provisions had not been included herein.
8 S 5. This act shall take effect immediately; provided, however, that
9 the applicable effective date of Parts A through I of this act shall be
10 as specifically set forth in the last section of such Parts.
