§ 29-E — New York state emergency assistance program

§ 29-e. New York state emergency assistance program. 1. For purposes\nof this section the following terms shall have the following meanings:\n (a) "Infrastructure" shall mean and include publicly owned storm and\nsanitary sewers, water supply systems, drainage systems, transportation\nsystems, roads and bridges.\n (b) "Municipality" shall mean any county, city, village, or town of\nthe state.\n (c) "Public facilities" shall mean and include publicly owned\nbuildings, including traditional government buildings, such as\ncourthouses, firehouses, police stations, parks, recreational\nfacilities, and correctional facilities.\n (d) "Fund" shall mean the state's contingency reserve fund established\nby law.\n (e) "The office of emergency management" shall mean the office within\nthe division of homeland security and emergency services.\n 2. The governor may, upon a finding that a municipality in the state\nhas suffered substantial damage by an unanticipated natural disaster\nwhich has resulted in significant economic distress within such\nmunicipality, issue a declaration of significant economic distress in\naccordance with the provisions herein. In determining whether such\nsignificant economic distress exists, the governor shall consider\nwhether the following criteria have been met:\n (a) the municipality suffered a substantial loss of assessed value;\n (b) substantial damage has occurred to municipal buildings, facilities\nand infrastructure;\n (c) the cost incurred by the municipality for clean-up operations is\nsignificant;\n (d) businesses within the municipality have experienced significant\neconomic loss due to the inability to conduct normal business due to the\ndisaster;\n (e) a significant increase in unemployment claims filed by persons\nemployed within the municipality has occurred; and\n (f) the county or the county within which the municipality is located\nhas been declared eligible by the United States small business\nadministration for physical disaster and economic injury disaster loans.\nIn addition, the governor shall also consider the extent that other\nfinancial resources, including federal assistance and insurance, are\navailable to assist the municipality to repair damage caused by the\ndisaster.\n 3. (a) Upon the issuance of a declaration of significant economic\ndistress due to unanticipated natural disaster by the governor, a\nmunicipality recognized by the governor as being affected by such\ndisaster which occurred on or after December first, nineteen hundred\nninety-two, may apply to the division of homeland security and emergency\nservices on a form prescribed by such office, for reimbursement from the\nstate's contingency reserve fund for reimbursement of extraordinary and\nunanticipated costs associated with the reconstruction or repair of\npublic buildings, facilities or infrastructure.\n (b) Where the municipality applying for assistance authorized pursuant\nto this section is a city, and such application pertains to a county\nwholly contained within such city, such city may submit separate\napplications for such assistance for each such county.\n (c) Such municipality shall be granted the assistance provided\npursuant to this section, within the amounts made available by\nappropriation from the fund, upon approval of such application, provided\nthat such municipality agrees to have a local disaster preparedness plan\npursuant to section twenty-three of this article in effect by December\nthirty-first, nineteen hundred ninety-three. On or after December\nthirty-first, nineteen hundred ninety-three, no municipality shall be\neligible for reimbursement of such expenses unless such plan is in\neffect.\n (d) Municipalities which have received assistance pursuant to this\nsection shall, as soon thereafter as may be possible, amend their\nrespective local disaster preparedness plans to include corrective\nmeasures that must be taken in order to avoid, to the extent possible,\nsimilar emergencies in the future.\n (e) Municipalities applying for assistance pursuant to this section\nshall accurately describe the emergency conditions which necessitate the\nexpenditure of funds for which reimbursement is being sought pursuant to\nthis section.\n (f) In providing assistance pursuant to this section, the division of\nhomeland security and emergency services may give preference to\napplicants which demonstrate the greatest need or which document that\nsuch assistance will be utilized to bring the applicant into compliance\nwith federal or state law.\n (g) In the event that amounts appropriated are insufficient to provide\nfor full reimbursement of all extraordinary and unanticipated costs\nincurred by such municipality approved for reimbursement pursuant to\nthis section, the division of homeland security and emergency services\nis authorized to provide a pro rata share of the appropriations,\nappropriated herein, to such municipality.\n 4. (a) The commissioner of the division of homeland security and\nemergency services as defined in article twenty-six of this chapter with\nthe advice and consent of the disaster preparedness commission created\npursuant to this article, shall have the power to make such rules and\nregulations as may be necessary and proper to effectuate the purposes of\nthis section.\n (b) The commissioner of the division of homeland security and\nemergency services shall by March fifteenth of each year report to the\ngovernor and the legislature describing the activities and operation of\nthe program authorized by this section. Such report shall set forth the\nnumber of reimbursement applications received and approved; the\nidentities of the counties, cities, towns and villages receiving\nreimbursement together with the amount and purpose of the reimbursement.\n