N.Y. Executive Law § 29-e: New York state emergency assistance program

§ 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

significant;

(d) businesses within the municipality have experienced significant

economic loss due to the inability to conduct normal business due to the

disaster;

(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

disaster.

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

effect.

(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.