Aid for Flood Recovery

Section 1. This act enacts into law major components of legislation relating to creating the Lake Ontario - St. Lawrence Seaway flood recovery and International Joint Commission Plan 2014 mitigation grant program and establishing real property tax refunds and credits for participation in the Lake Ontario and connected waterways assessment relief act. Each component is wholly contained within a Part identified as Parts A through C. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act.

PART A

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD11864-03-7

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Section 1. There is hereby created the Lake Ontario-St. Lawrence Seaway flood recovery and International Joint Commission Plan 2014 mitigation grant program.

1. When used in this act, the term "covered waterway" shall mean Lake Ontario, the St. Lawrence river, Seneca lake, the Seneca river, the Oswego river, the Oneida river, Oneida lake and Cross lake.

2. (a) Small businesses, farms, owners of multiple dwellings, homeowners associations, and not-for-profit organizations that sustained direct physical flood-related damage as a result of flooding caused by the raised level of any covered waterway, that occurred between January 1, 2017 and June 30, 2017, shall be eligible to apply for a grant under this subdivision.

(b) Such grant shall be in an amount of no more than $30,000 for owners of multiple dwellings and no more than $100,000 for small businesses, farms, homeowners associations and not-for-profit corporations, and shall be used for storm-related repairs and restoration to structures, equipment, and for other storm-related costs, all of which were not covered by any other federal, state or local recovery program or any third-party payors.

(c) The empire state development corporation shall administer this grant program, which shall not exceed in the aggregate $25,000,000. Such corporation is hereby empowered to establish grant guidelines and additional eligibility criteria, based on available flood damage data provided by applicable state and/or federal agencies, as it deems necessary to effectuate the administration of this program. In providing assistance pursuant to this subdivision, the empire state development corporation shall give preference to applicants that demonstrate the greatest need, based on available flood damage data provided by applicable state and/or federal agencies.

3. (a) Owners of residences that sustained direct physical flood-related damage as a result of flooding caused by the raised level of any covered waterway, that occurred between January 1, 2017 and June 30, 2017, shall be eligible to apply for a grant under this subdivision.

(b) Such grant shall be in an amount of no more than $60,000 and shall be used for storm-related repairs and restoration to structures, equipment, and for other storm-related costs, all of which were not covered by any other federal, state or local recovery program or any third-party payors.

(c) The empire state development corporation shall administer this grant program, which shall not exceed in the aggregate $15,000,000. Such corporation is hereby empowered to establish grant guidelines and additional eligibility criteria, based on available flood damage data provided by applicable state and/or federal agencies, as it deems necessary to effectuate the administration of this program. In providing assistance pursuant to this subdivision, the empire state development corporation shall give preference to applicants that demonstrate the greatest need, based on available flood damage data provided by applicable state and/or federal agencies.

4. (a) Counties, cities, towns, villages and special districts that sustained direct physical flood-related damage as a result of flooding caused by the raised level of any covered waterway, that occurred between January 1, 2017 and June 30, 2017, are eligible to apply for a grant under this subdivision.

(b) Such grant shall be in an amount of no more than $1,000,000 and shall be used for storm-related repairs and restoration to municipal infrastructure and systems, including, but not limited to, roads, bridg-

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es and other transportation systems, drinking water systems, sanitary and/or storm sewer systems, levee and/or flood protection systems, as well as for municipal equipment, and for other storm-related costs, all of which were not covered by any other federal, state or local recovery program or any third-party payors.

(c) The empire state development corporation shall administer this grant program, which shall not exceed in the aggregate $25,000,000. Such corporation is hereby empowered to establish grant guidelines and additional eligibility criteria, based on available flood damage data provided by applicable state and/or federal agencies, as it deems necessary to effectuate the administration of this program. In providing assistance pursuant to this subdivision, the empire state development corporation shall give preference to applicants that demonstrate the greatest need, based on available flood damage data provided by applicable state and/or federal agencies.

5. (a) The empire state development corporation, in consultation with the department of environmental conservation and the environmental facilities corporation, shall administer a grant program for counties for flood mitigation or flood control projects in lakes, rivers, creeks, streams, and brooks. Only counties that sustained direct physical floodrelated damage as a result of the flooding caused by the raised level of any covered waterway, between January 1, 2017 and June 30, 2017, shall be eligible to apply for a grant under this subdivision.

(b) This grant program shall not exceed in the aggregate $15,000,000. Individual grants shall be not less than $300,000 and not more than $500,000, provided however, counties may jointly apply for such grants, and the amount for such joint grants may equal the sum of the amounts that would have been separately available to the individual counties making such joint application.

(c) The empire state development corporation, in consultation with the department of environmental conservation and the environmental facilities corporation, is hereby empowered to establish grant guidelines and additional eligibility criteria, based on available flood damage data provided by applicable state and/or federal agencies, as it deems necessary to effectuate the administration of this program. In providing assistance pursuant to this subdivision, the empire state development corporation shall give preference to applicants that demonstrate the greatest need, based on available flood damage data provided by applicable state and/or federal agencies including the International Joint Commission. Priority also may be given to remediation which if not undertaken may result in additional flooding.

6. (a) Municipalities and special districts in the county of Chautauqua, Cattaraugus and Allegany that sustained direct physical flood related damage as a result of a severe storm and flooding which occurred on July 14 and 15, 2015 are eligible to apply for a grant under this subdivision.

(b) Municipalities and special districts in the county of Monroe that sustained direct physical storm related damage as a result of a severe storm which occurred on March 8 and 9, 2017 are also eligible to apply for a grant under this subdivision.

(c) Grants under paragraph (a) of this subdivision, shall be in an amount of not more than $1,000,000. Grants under paragraph (b) of this subdivision, shall be in an amount of not more than $500,000.

(d) Grants under paragraph (a) of this subdivision, shall be used by grant recipients to repair damage to public infrastructure, including publicly owned roads, bridges, drainage and flood mitigation systems,

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and any ancillary infrastructure necessary for the safe operation of the components thereof. Grants under paragraph (b) of this subdivision, shall be used by grant recipients for excess personnel costs and related contractual services necessary to making infrastructure safe for public use in time of the emergency.

(e) All such grants under this subdivision must be for costs or repairs which were not covered by any other federal, state or local recovery program or any third-party payers. In no event shall a grant under this subdivision be used for infrastructure repairs that are required due to normal wear and tear.

(f) The empire state development corporation shall administer this grant program, which shall not exceed in the aggregate $10,000,000. Such corporation is hereby empowered to establish grant guidelines and additional eligibility criteria, based on available flood damage data provided by applicable state and/or federal agencies, as it deems necessary to effectuate the administration of this program. In providing assistance pursuant to this subdivision, the empire state development corporation shall give preference to applicants that demonstrate the greatest need, based on available flood damage data provided by applicable state and/or federal agencies.

§ 2. Interagency response team. (a) The governor shall convene an interagency response team to assist in the development and implementation of the Lake Ontario-St. Lawrence Seaway flood recovery and International Joint Commission Plan 2014 mitigation grant program and to provide for a coordinated state response to the flooding caused by the raised level of any covered waterway, between January 1, 2017 and June 30, 2017, referred to in this section as the "flooding".

(b) The interagency response team shall consist of representatives from the empire state development corporation; division of homeland security and emergency services; division of housing and community renewal; department of environmental conservation; office of parks, recreation and historic preservation; department of health; division of state police; department of transportation; office of general services; department of state; division of military and naval affairs; department of corrections and community supervision; department of labor; state university of New York; New York state thruway authority; department of taxation and finance; public service commission; and any other agencies deemed appropriate by the governor. The interagency response team shall also include representatives from municipalities affected by the flooding, not-for-profit organizations engaged in disaster response and relief, and other local stakeholders affected by the flooding.

(c) The role of the interagency response team includes, but is not limited to: developing a comprehensive multi-agency plan to respond to the flooding; assisting in the allocation and distribution of state and federal resources within the affected counties; developing criteria for the distribution of state or federal grant funds, including the Lake Ontario-St. Lawrence Seaway flood recovery and International Joint Commission Plan 2014 mitigation grant program; ensuring the availability and continued potability of drinking water supplies; developing a plan to assist small businesses, farms, owners of multiple dwellings, owners of residences, and not-for-profit organizations with obtaining insurance coverage relating to flooding damage; and developing a multi-agency plan to respond to future water level increases or other issues related to the International Joint Commission Plan 2014.

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§ 3. All or portions of the funds appropriated to the empire state development corporation may hereby be made available to support the grants pursuant for the purposes of this act.

§ 4. This act shall take effect immediately.

PART B

Section 1. Short title. This act shall be known and may be cited as the "Lake Ontario and connected waterways assessment relief act".

§ 2. Definitions. For the purposes of this act, the following terms shall have the following meanings:

1. "Eligible county" shall mean a county included in the governor's executive order 165 of 2017, declaring a state of emergency, dated May 3, 2017.

2. "Eligible municipality" shall mean a municipal corporation, as defined by subdivision 10 of section 102 of the real property tax law, which is either: (a) an eligible county; or (b) a city, town, village, special district, or school district that is wholly or partly contained within an eligible county.

3. "Impacted tax roll" shall mean the final assessment roll or, if applicable, the final assessment rolls, which satisfies both of the following conditions: (a) the roll is based upon a taxable status date occurring prior to May 3, 2017; and (b) taxes levied upon that roll by or on behalf of a participating municipality are payable without interest on or after May 3, 2017.

4. "Participating municipality" shall mean an eligible municipality that has passed a local law, ordinance, or resolution pursuant to section three of this act to provide assessment relief to property owners within such eligible municipality pursuant to the provisions of this act.

5. "Flooding" shall mean the lake shore and inland flooding and accelerated erosion that occurred as a result of heavy rainfall and the rising water level of Lake Ontario and any connected inland waterways or estuaries within an eligible county during the period beginning April 1, 2017 and ending July 1, 2017.

6. "Total assessed value" shall mean the total assessed value on the parcel prior to any and all exemption adjustments.