STATE OF NEW YORK ________________________________________________________________________ 6423 2017-2018 Regular Sessions IN SENATE May 17, 2017 ___________ Introduced by Sens. HELMING, RITCHIE, ORTT, FUNKE, ROBACH, DeFRANCISCO, YOUNG, JACOBS, GRIFFO, LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to establish the Great Lakes flood recovery grant program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. There is hereby created the Great Lakes flood recovery 2 grant program. 3 1. (a) Small businesses, farms, owners of multiple dwellings, owners 4 of residences, and not-for-profit organizations that sustained direct 5 physical flood-related damage as a result of flooding caused by the 6 raised level of Lake Ontario, Lake Erie, Lake Champlain and/or the St. 7 Lawrence river, that occurred between January 1, 2017 and June 30, 2017, 8 shall be eligible to apply for a grant under this subdivision. 9 (b) Such grant shall be in an amount of not more than $15,500 for 10 owners of residences, not more than $30,000 for owners of multiple 11 dwellings, not more than $50,000 for small businesses and farms, and not 12 more than $100,000 for not-for-profit corporations. Such grant shall be 13 used for storm-related repairs and restoration to structures, equipment, 14 and for other storm-related costs, all of which were not covered by any 15 other federal, state or local recovery program or any third-party 16 payors. 17 (c) The empire state development corporation shall administer this 18 grant program, which shall not exceed in the aggregate $20,000,000. Such 19 corporation is hereby empowered to establish grant guidelines and addi- 20 tional eligibility criteria, based on available flood damage data 21 provided by applicable state and/or federal agencies, as it deems neces- 22 sary to effectuate the administration of this program. In providing 23 assistance pursuant to this subdivision, the empire state development 24 corporation shall give preference to applicants that demonstrate the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11812-03-7

S. 6423 2 1 greatest need, based on available flood damage date provided by applica- 2 ble state and/or federal agencies. 3 2. (a) Municipalities and special districts that sustained direct 4 physical flood-related damage as a result of flooding caused by the 5 raised level of Lake Ontario, Lake Erie, Lake Champlain and/or the St. 6 Lawrence river, that occurred between January 1, 2017 and June 30, 2017, 7 are eligible to apply for a grant under this subdivision. 8 (b) Such grant shall be in an amount of not more than $1,000,000. Such 9 grant shall be used for storm-related repairs and restoration to munici- 10 pal infrastructure and systems, including, but not limited to, roads, 11 bridges and other transportation systems, drinking water supply systems, 12 sanitary and/or storm sewer systems, levy and/or flood protection 13 systems, as well as for municipal equipment, and for other storm-related 14 costs, all of which were not covered by any other federal, state or 15 local recovery program or any third-party payors. 16 (c) The empire state development corporation shall administer this 17 grant program, which shall not exceed in the aggregate $20,000,000. Such 18 corporation is hereby empowered to establish grant guidelines and addi- 19 tional eligibility criteria, based on available flood damage data 20 provided by applicable state and/or federal agencies, as it deems neces- 21 sary to effectuate the administration of this program. In providing 22 assistance pursuant to this subdivision, the empire state development 23 corporation shall give preference to applicants that demonstrate the 24 greatest need, based on available flood damage data provided by applica- 25 ble state and/or federal agencies. 26 3. (a) The empire state development corporation, in consultation with 27 the department of environmental conservation, shall administer a grant 28 program for counties for flood mitigation or flood control projects in 29 creeks, streams, and brooks. Only counties that sustained direct phys- 30 ical flood related damage as a result of the flooding caused by the 31 raised level of Lake Ontario, Lake Erie, Lake Champlain and/or the St. 32 Lawrence river, between January 1, 2017 and June 30, 2017, shall be 33 eligible to apply for a grant under this subdivision. 34 (b) This grant program shall not exceed in the aggregate $5,000,000. 35 Individual grants shall be not less than $250,000 nor more than 36 $500,000; provided however, that counties may jointly apply for such 37 grants, and the amount of such joint grants may equal the sum of the 38 amounts that would have been separately available to the individual 39 counties making such joint application. The empire state development 40 corporation, in consultation with the department of environmental 41 conservation, is hereby empowered to establish grant guidelines and 42 additional eligibility criteria, based on available flood damage data 43 provided by applicable state and/or federal agencies, as it deems neces- 44 sary to effectuate the administration of this program. In providing 45 assistance pursuant to this subdivision, the empire state development 46 corporation shall give preference to applicants that demonstrate the 47 greatest need, based on available flood damage data provided by applica- 48 ble state and/or federal agencies. Priority also may be given to reme- 49 diation which if not undertaken may result in additional flooding. 50 4. The director of the budget, in consultation with the temporary 51 president of the senate and the speaker of the assembly, shall develop a 52 plan and criteria regarding distribution of funding to municipalities 53 and special districts that sustained flood-related damage as a result of 54 flooding caused by the raised level of Lake Ontario, Lake Erie, Lake 55 Champlain and/or the St. Lawrence river, that occurred between January 56 1, 2017 and June 30, 2017. Such program shall not exceed in the aggre-

S. 6423 3 1 gate $10,000,000. The director of the budget may direct and authorize 2 any other state agency to assist in administration and distribution of 3 these funds. 4 § 2. This act shall take effect immediately.