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A00140 Summary:

BILL NOA00140
 
SAME ASSAME AS S04928
 
SPONSORCruz
 
COSPNSRBurdick, Simon, McDonough
 
MLTSPNSR
 
Add §719, Exec L
 
Establishes the community disaster relief and recovery act which will create an emergency assistance program for undocumented individuals impacted by a natural disaster.
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A00140 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A140
 
SPONSOR: Cruz
  TITLE OF BILL: An act to amend the executive law, in relation to establishing the community disaster relief and recovery act of 2023   PURPOSE OR GENERAL IDEA OF BILL: Establishes the Community Disaster Relief and Recovery Act of 2022 to prepare New York State to better address the impact of a natural or man-made disaster impacting non-citizen residents by setting in place the process and standard to be used to assist them in relief and recov- ery efforts.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Short title of this act. Section 1: The Executive Law is amended by adding a new section 719 that will create a community disaster relief and recovery fund program for non-citizens administered by the Division of Homeland Security and Emergency Management in conjunction with the New York State Office for New Americans. The program will be administered in accordance with the guidelines in place under the Major Disaster Declaration for Remnants of Hurricane Ida 4615-DR-NY and for disaster survivors who are not able to receive financial assistance through federal programs due to their citizenship status. Section 2: Sets forth definitions to be used in application of this legislation and the procedures to be used for applications by applicants to expedite disaster relief for housing assistance and other outlined emergency needs for non-citizens. Section 3: Effective date.   JUSTIFICATION: The massive flooding that impacted New York City from the remnants of Hurricane Ida destroyed lives and property. The worst impacted communi- ties also happen to be the home of thousands of non-citizen residents who do not have access to federal disaster relief programs and who have limited or no personal resources to recover from such disasters. The extreme weather impacting New York over the past decade is only becoming worse. In order to ensure that all residents of New York have access to relief and recovery efforts after a natural or man-made disaster, this legislation creates a process for applicants and applications that need to be submitted to state authorities by impacted non-citizens. The process for applicants and for the processing of applications for aid are established to mirror the federal disaster process put in place under the recent federal disaster declaration, that was issued to address the damage inflicted on New York due to the remnants of Hurri- cane Ida. Codifying the federal process into State law sets forth a well-recognized and all-encompassing process to address all the emergen- cy needs of impacted populations, and specifically to this legislation are non-citizen residents of New York who because of their immigration status are not able to access any federal disaster assistance. As global warming continues to cause major disasters across the planet, including in New York, every effort that can be made now to better prepare for pending disasters will help impacted communities in our state recover faster. This legislation is part of a package of bills that positions New York to be better prepared, more resilient and able to provide relief and recovery assistance to impacted communities quickly.   PRIOR LEGISLATIVE HISTORY: New Legislation.   FISCAL IMPLICATIONS: To be determined based on the intensity of the disaster and number of residents impacted.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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A00140 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           140
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by M. of A. CRUZ, BURDICK, SIMON, McDONOUGH -- read once and
          referred to the Committee on Governmental Operations
 
        AN ACT to amend the executive  law,  in  relation  to  establishing  the
          community disaster relief and recovery act of 2023

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "community disaster relief and recovery act of 2023".
     3    §  2. The executive law is amended by adding a new section 719 to read
     4  as follows:
     5    § 719. Community disaster relief and recovery fund program for non-ci-
     6  tizens. 1.  There is hereby established the  community  disaster  relief
     7  and  recovery  fund  program  for non-citizens to be administered by the
     8  division of homeland security and  emergency  services,  in  conjunction
     9  with  the New York state office for new Americans. Such program shall be
    10  administered in accordance with the guidelines under the Major  Disaster
    11  Declaration for Remnants of Hurricane Ida 4615-DR-NY for storm survivors
    12  who  are  not  able to receive financial assistance through other means,
    13  including but not limited to, the federal emergency management  agency's
    14  individual assistance program, due to citizenship status.
    15    2.  For  the  purposes of this section, the following terms shall have
    16  the following meanings:
    17    (a) "Applicant" means an individual or household who has  applied  for
    18  assistance pursuant to this section.
    19    (b)  "Citizen"  means  a  person  born in one of the fifty states, the
    20  District of Columbia, Puerto Rico, U.S.  Virgin  Islands,  Guam  or  the
    21  Northern  Mariana  Islands,  or  a person born outside of the U.S. to at
    22  least one U.S. parent or a naturalized citizen.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02099-01-3

        A. 140                              2
 
     1    (c) "Disaster" means a natural disaster or storm that results  in  the
     2  declaration  of  a state of emergency or disaster by the state or by the
     3  federal government.
     4    (d)  "Displaced" means the applicant is unable to reside in the disas-
     5  ter damaged residence because it is uninhabitable,  meaning  it  is  not
     6  safe,  sanitary,  or  fit to occupy or because it is inaccessible due to
     7  surrounding damage or restrictions placed by government officials.
     8    (e) "Financial assistance" means money provided to applicants to  meet
     9  necessary expenses and serious needs as a result of the disaster.
    10    (f)  "Household"  means  all persons, including adults and minors, who
    11  lived in the pre-disaster residence who request assistance, as  well  as
    12  any  persons,  such  as infants, spouse, or part-time residents who were
    13  not present at the time of the disaster, but who are expected to  return
    14  during the assistance period.
    15    (g)  "Necessary  expense"  means  a  cost associated with acquiring an
    16  item, obtaining a service, or paying for any other activity that meets a
    17  serious need.
    18    (h)  "Non-citizen  national"  means  a  person  born  in  an  outlying
    19  possession  of  the U.S., including but not limited to American Samoa or
    20  Swains Island, on or after the date the U.S. acquired the possession, or
    21  a person whose parents are U.S.  non-citizen nationals.  All U.S.  citi-
    22  zens are U.S. nationals, but not every U.S. national is a U.S. citizen.
    23    (i)  "Qualified  alien" means a person: (i) with legal permanent resi-
    24  dence, including having a green card, refugee or  asylum  status,  with-
    25  holding  of  deportation, conditional entry, parole into the U.S. for at
    26  least one year  for  humanitarian  purposes;  (ii)  is  a  Cuban-Haitian
    27  entrant; or (iii) has a pending or approved petition for relief based on
    28  battery  or  extreme  cruelty  by  a  family  member. Such term does not
    29  include a foreign-born individual studying, working, or traveling in the
    30  United States pursuant to a visa.
    31    (j) "Qualified minor child" means a minor  child  who  is  a  citizen,
    32  non-citizen  national,  or qualified alien who is living with the appli-
    33  cant.
    34    (k) "Serious need" means a requirement for an item or service that  is
    35  essential  to  an  applicant's ability to prevent, mitigate, or overcome
    36  disaster-caused hardship, injury or adverse condition.
    37    (l) "Undocumented immigrant" means a person who is a non-citizen domi-
    38  ciliary of the state whose country of origin is other  than  the  United
    39  States.
    40    3. The commissioner of the division of homeland security and emergency
    41  services,  in  conjunction with the New York state office for new Ameri-
    42  cans, shall establish procedures for receipt of applications from undoc-
    43  umented immigrant applicants and households in order  to  provide  expe-
    44  dited  relief  to  storm survivors, including housing related assistance
    45  and other needs assistance. Housing  related  assistance  shall  include
    46  lodging expense reimbursement, rental assistance and home repair assist-
    47  ance.  Other  needs  assistance  shall  include  but  not be limited to,
    48  personal property assistance, medical and dental assistance, child  care
    49  assistance, critical needs assistance, and clean and removal assistance.
    50    4. Housing related assistance shall be administered in accordance with
    51  the  guidelines  under  the  Major  Disaster Declaration for Remnants of
    52  Hurricane Ida 4615-DR-NY and such assistance shall be determined by  the
    53  United  States department of housing and urban development's fair market
    54  rent level.
    55    5. Personal property assistance is financial assistance to replace  or
    56  repair  personal  property  damaged  or destroyed due to a disaster. The

        A. 140                              3
 
     1  list of potential personal property items shall  be  determined  by  the
     2  United  States  department  of  housing and urban development's standard
     3  personal property line items data. Documented expenses  for  the  actual
     4  cost  to  replace  or  repair  personal  property, or the maximum values
     5  assigned in the United States department of housing and  urban  develop-
     6  ment's  standard  personal  property line items data, whichever is less,
     7  are allowable. Assistance for clothing is limited to the reasonable cost
     8  of clothing for up to seven days for damage to clothes  that  have  been
     9  destroyed  or contaminated by chemicals or sewer backup. Clothing soaked
    10  by wind-driven rain, seepage,  or  flood  waters  is  not  eligible  for
    11  assistance.  Replacement or repair of furnishings or appliances provided
    12  by a lessor are not eligible. Financial assistance to replace  essential
    13  tool  line  items  in  the United States department of housing and urban
    14  development's standard personal property line items data such as  tools,
    15  supplies,  equipment  or items required by an employer as a condition of
    16  employment or required for education may be allowable but are not allow-
    17  able for self-employed applicants. The assistance is  intended  to  meet
    18  the  basic needs of a household, not restore all personal property items
    19  to a pre-  disaster  condition.  Applicants  seeking  personal  property
    20  assistance  must  provide  documentation that the applicant has personal
    21  property damaged in the disaster. This documentation may include:
    22    (a) Photographs or videos of the personal property showing damage from
    23  the disaster.
    24    (b) Photographs, videos, or receipts of personal property from  before
    25  the  disaster  combined with photographs and videos showing the disaster
    26  damaged residence.
    27    (c) Inspections performed by a contractor.
    28    (d) Receipts showing the cost, date of purchase  after  the  disaster,
    29  and  information  sufficient to identify the item as corresponding to an
    30  item on the personal property list in the United  States  department  of
    31  housing  and  urban  development's standard personal property line items
    32  data.
    33    6. Medical and dental assistance is financial assistance for  injuries
    34  and expenses directly caused by a disaster. Eligible documented expenses
    35  may  include  costs  associated  with an injury or illness, pre-existing
    36  injury, disability, or medical condition  aggravated  by  the  disaster,
    37  replacement of prescribed medication, loss or damage of personal medical
    38  or  dental equipment, medical or dental insurance deductibles or co-pays
    39  for eligible expenses, and loss or injury of a service animal. Medically
    40  unnecessary procedures, such as teeth whitening or  appearance  enhance-
    41  ment  or  assistance  for  therapy  or emotional support animals are not
    42  allowable. Assistance for service animals is limited to service dogs and
    43  miniature horses that perform a qualified task for a person with a disa-
    44  bility, as defined by the Americans with Disabilities Act  of  1990,  as
    45  amended. An applicant seeking medical and dental assistance must provide
    46  documentation of the need. Such documentation may include:
    47    (a)  Itemized bills, receipts, or estimates from the medical or dental
    48  provider or pharmacy.
    49    (b) A written and signed statement from a medical or dental  provider,
    50  including  the date of disaster-caused injury and expenses necessary for
    51  recovery.
    52    (c) Replacement of prescribed medication  documentation  includes  all
    53  the following:
    54    (i) A written and signed statement by the applicant or the applicant's
    55  medical  or  dental provider verifying the loss was caused by the disas-
    56  ter;

        A. 140                              4
 
     1    (ii) A written and signed statement from a medical or dental  provider
     2  verifying  the prescription is required and was previously prescribed to
     3  the applicant or a household member; and
     4    (iii)  Receipts  or  other  verifiable documentation from the pharmacy
     5  showing the replacement cost of the prescribed medication.
     6    (d) Loss or  damage  of  medical  or  dental  equipment  documentation
     7  includes all the following:
     8    (i)  A written and signed statement by the applicant or the medical or
     9  dental provider verifying the loss was caused by the disaster;
    10    (ii) A written and signed statement from a medical or dental  provider
    11  verifying  the  applicant  or  household  member required the medical or
    12  dental equipment prior to the disaster; and
    13    (iii)  Itemized  bills,  receipts,  or  estimates  showing  repair  or
    14  replacement cost of the medical or dental equipment.
    15    (e)  Required  documentation verifying the loss or injury of a service
    16  animal includes all the following:
    17    (i) A written and signed statement by the applicant, medical provider,
    18  or veterinary provider verifying the service animal's loss or injury was
    19  caused by the disaster;
    20    (ii) A written and signed statement from a medical provider  verifying
    21  the  applicant  or  household  member  required the service animal for a
    22  disability prior to the disaster;
    23    (iii) A statement from  the  applicant,  medical  provider,  or  other
    24  representative  explaining  the  type  of  task or work performed by the
    25  service animal; and
    26    (iv) Itemized bills, receipts, or estimates showing  expenses  related
    27  to the service animal's loss or injury.
    28    7.  Child  care assistance is financial assistance for disaster-caused
    29  increased financial burdens for child care. Child care must be  provided
    30  to  children  aged  thirteen and under or children with a disability, as
    31  defined by federal law, up to age twenty-one, who need  assistance  with
    32  the  activities  of  daily  living. The applicant must demonstrate that,
    33  regardless of whether child care was required prior to the disaster, the
    34  household experienced a disaster which caused financial  burden  because
    35  the  applicant's  gross  household  income  has decreased because of the
    36  disaster or the applicant's child care  expenses  have  increased  as  a
    37  result of the disaster. The applicant must also certify that they cannot
    38  utilize child care services provided by any other source. The child care
    39  provider  must  be licensed by the state of New York. The maximum amount
    40  is three thousand three hundred dollars for a maximum of eight weeks. An
    41  applicant seeking child care assistance must  provide  documentation  of
    42  the need. Such documentation may include:
    43    (a) Pre- and post-disaster gross household income documentation.
    44    (b)  Pre-disaster  receipts, contract, or signed letter from the child
    45  care provider for child care expenses, if receipts or contract cannot be
    46  located.
    47    (c) Post-disaster receipts or estimates for child care fees, registra-
    48  tion, and/or health inventory fees.
    49    (d) A post-disaster child care contract or agreement.
    50    (e) A post-disaster child care provider's license or printout from the
    51  office of children and family services' website listing  licensed  child
    52  care providers.
    53    (f)  An  individualized educational plan, 504 plan, or medical profes-
    54  sional's statements, if applicable, to verify disability for children up
    55  to age twenty-one who need assistance with activities of daily living.
    56    (g) A signed, written statement from the applicant affirming:

        A. 140                              5
 
     1    (i) The applicant is not receiving assistance for child care  expenses
     2  from any other source; and
     3    (ii)  The  expected length of time the applicant will have a disaster-
     4  caused need for child care assistance.
     5    (h) An applicant who did not have child  care  expenses  pre-disaster,
     6  and  has  incurred  or will incur child care expenses as a result of the
     7  disaster, must submit:
     8    (i) Post-disaster receipts or estimates for child care fees, registra-
     9  tion, and/or health inventory fees.
    10    (ii) A post-disaster child care contract or agreement.
    11    (iii) A post-disaster child care provider's license or  printout  from
    12  the  office  of  children  and family services' website listing licensed
    13  child care providers.
    14    (iv) An individualized educational plan, 504 plan, or medical  profes-
    15  sional's statements, if applicable, to verify disability for children up
    16  to age twenty-one who need assistance with activities of daily living.
    17    8.  Critical  needs  assistance is financial assistance for applicants
    18  who have immediate or critical needs because  they  are  displaced  from
    19  their  primary  residence  or to applicants who need assistance to leave
    20  their pre-disaster primary residence to temporarily  shelter  elsewhere.
    21  Immediate  or  critical  needs are life-saving and life-sustaining items
    22  including, but not limited to: water, food,  first  aid,  prescriptions,
    23  infant  formula,  diapers,  consumer  medical  supplies, durable medical
    24  equipment, personal hygiene items,  and  fuel  for  transportation.  The
    25  maximum amount per household is five hundred dollars. An applicant seek-
    26  ing  critical  needs  assistance must provide documentation of the need.
    27  Such documentation may include a  self-declaration  that  the  applicant
    28  incurred  immediate  or  critical  needs in the immediate aftermath of a
    29  disaster and the funds will reimburse  the  applicant  for  expenditures
    30  already  made  or  will  be  used  to purchase the life-saving and life-
    31  sustaining items described in this subdivision.
    32    9. Clean and removal assistance is financial assistance for  disaster-
    33  caused  real  property  damage  that  does  not  qualify for home repair
    34  assistance because the damage did not render the home uninhabitable.  It
    35  is  intended  to ensure contamination from floodwaters is addressed in a
    36  timely manner to prevent additional  losses  and  potential  health  and
    37  safety  concerns.  If  home repair assistance is subsequently awarded to
    38  the applicant, the amount  of  clean  and  removal  assistance  will  be
    39  deducted  from  the home repair assistance funds. The maximum amount per
    40  household is five hundred fifty dollars.  An applicant seeking clean and
    41  removal assistance must provide documentation of the need. Such documen-
    42  tation may include a self-declaration that the applicant incurred disas-
    43  ter related damage to their home that  requires  immediate  cleaning  to
    44  avoid  contamination  from  floodwaters  and potential health and safety
    45  concerns and that the funds will reimburse the  applicant  for  expendi-
    46  tures  already  made  for  cleaning and removal in their home or will be
    47  used to purchase materials necessary for cleaning and removal  in  their
    48  home.
    49    10.  Funding  for  such  program shall consist of all revenue received
    50  pursuant to an appropriation therefor, and any  other  monies  appropri-
    51  ated,  credited  or  transferred  from any other source pursuant to law,
    52  including but not limited to state emergency appropriations  established
    53  by  the  governor  and  based  on  the magnitude of the disaster and the
    54  number of impacted residents of the state. Nothing in this section shall
    55  be deemed to prevent the state from receiving grants, gifts or  bequests

        A. 140                              6
 
     1  for  the purpose of the program. Grants shall only be awarded based upon
     2  the availability of funds.
     3    11.  The  division  of  homeland  security  and emergency services, in
     4  conjunction with the New York state office for new Americans, shall have
     5  the authority to  establish  rules  and  regulations  to  implement  the
     6  provisions of this section.
     7    §  3.  This  act shall take effect on the ninetieth day after it shall
     8  have become a law.    Effective  immediately,  the  addition,  amendment
     9  and/or repeal of any rule or regulation necessary for the implementation
    10  of  this  act  on  its  effective  date  are  authorized  to be made and
    11  completed on or before such effective date.
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