2023 New York Laws › EXC - Executive › Article 2-B - State and Local Natural and Man-Made Disaster Preparedness › 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.