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S07761 Summary:

BILL NOS07761
 
SAME ASNo Same As
 
SPONSORGRIFFO
 
COSPNSR
 
MLTSPNSR
 
 
Enacts into law components of legislation relating to disaster relief for extreme weather events in Central New York, long-term climate resilience property improvements, and insurance discounts for climate mitigation efforts; establishes the central New York extreme weather relief and resiliency grant program to provide grants to certain persons and entities that suffered damage from covered events (Part A); expands and strengthens the resilient and ready program by providing grants to homeowners impacted by extreme weather events and providing grants for long-term climate resilience improvements for snow and tornado-related weather hazards (Part B); establishes the central New York property/casualty insurance resiliency incentive program to facilitate property/casualty insurance discounts for mitigation efforts (Part C).
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S07761 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7761
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       May 5, 2025
                                       ___________
 
        Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
 
        AN ACT to create the central New York extreme weather relief and resili-
          ency grant program (Part A); expand and strengthen the  resilient  and
          ready   program  (Part  B);  and  establishes  the  central  New  York
          property/casualty insurance resiliency incentive program (Part C)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative  findings.  On  July 16, 2024, a high-end EF2
     2  tornado struck Rome, New York, causing  significant  damage  across  the
     3  city.  The  tornado  touched  down  near  the  Erie Canal at 3:25 PM and
     4  remained on the ground for approximately 10 minutes, covering a path  of
     5  5.25  miles  with a width of 300 yards. Peak winds were estimated at 135
     6  mph. Notable damage included the destruction of two church steeples  and
     7  roofs,  numerous  uprooted  trees,  and  a decommissioned B-52 bomber at
     8  Griffiss International Airport being shifted from its  platform.    This
     9  event  was  part  of a broader severe weather pattern in New York during
    10  2024.  Warmer temperatures can lead to more moisture in the  atmosphere,
    11  fueling  severe  storms  and  increasing  the  likelihood of events like
    12  tornadoes and heavy precipitation. These conditions underscore the ongo-
    13  ing need for preparedness in the face of increasingly  volatile  weather
    14  patterns.
    15    §  2.  This  act enacts into law components of legislation relating to
    16  disaster relief for extreme weather events in Central  New  York,  long-
    17  term  climate  resilience property improvements, and insurance discounts
    18  for climate mitigation efforts. Each component is wholly contained with-
    19  in a Part identified as Parts A through C. The effective date  for  each
    20  particular provision contained within such Part is set forth in the last
    21  section  of  such  Part. Any provision in any section contained within a
    22  Part, including the effective date of the Part, which makes reference to
    23  a section "of this act", when used in connection  with  that  particular
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11866-02-5

        S. 7761                             2
 
     1  component,  shall  be  deemed  to  mean  and  refer to the corresponding
     2  section of the Part in which it is found. Section four of this act  sets
     3  forth the general effective date of this act.
 
     4                                   PART A
 
     5    Section  1.  Central  New  York  extreme weather relief and resiliency
     6  grant program. 1. There is  hereby  established  the  central  New  York
     7  extreme weather relief and resiliency grant program to provide grants to
     8  certain persons and entities that suffered damage from covered events.
     9    2. For the purposes of this section, the term "covered event" includes
    10  tornadoes  that  occurred  on  July  16, 2024 and extreme winter weather
    11  events which brought heavy winds, ice, and/or snow that occurred between
    12  January 6, 2025 and February 25, 2025,  in  Oneida,  Madison,  Herkimer,
    13  Onondaga, Otsego, and adjacent counties.
    14    3. (a) Small businesses, farms, owners of multiple dwellings, homeown-
    15  ers'  associations,  and  not-for-profit  organizations  that  sustained
    16  direct physical damage as a result of a covered  extreme  weather  event
    17  are  eligible  to  apply  for  a grant under this program to be used for
    18  storm-related repairs and  restoration  to  structures,  equipment,  and
    19  other  storm-related  costs  which are not covered by any other federal,
    20  state or local recovery program or third-party payors.
    21    (b) Such grant shall be in an amount  of  no  more  than  $30,000  for
    22  owners  of  multiple dwellings and no more than $100,000 for small busi-
    23  nesses, farms, homeowners' associations and not-for-profit corporations;
    24  provided, however, that the aggregate amount of all  grants  distributed
    25  under the grant program shall not exceed $25,000,000.
    26    (c)  The  empire  state  development  corporation shall administer the
    27  grant program. Such corporation is hereby empowered to  establish  grant
    28  guidelines  and  additional  eligibility  criteria,  based  on available
    29  extreme weather damage data provided by applicable state and/or  federal
    30  agencies, as it deems necessary to effectuate the administration of this
    31  program.  In administering such grant program, the empire state develop-
    32  ment corporation shall give preference to  applicants  that  demonstrate
    33  the greatest need.
    34    4. (a) Owners of residences that sustained direct physical damage as a
    35  result  of  covered  extreme  weather events are eligible to apply for a
    36  grant under this subdivision.
    37    (b) Such grant shall be in an amount of no more than $60,000 and shall
    38  be used for storm-related repairs and restoration to structures,  equip-
    39  ment,  and  for other storm-related costs, all of which were not covered
    40  by any other federal, state or local recovery program or any third-party
    41  payors; provided, however, that  the  aggregate  amount  of  all  grants
    42  distributed under the grant program shall not exceed $15,000,000.
    43    (c)  The  empire  state  development corporation shall administer this
    44  grant program. Such corporation is hereby empowered to  establish  grant
    45  guidelines  and  additional  eligibility  criteria,  based  on available
    46  extreme weather damage data provided by applicable state and/or  federal
    47  agencies, as it deems necessary to effectuate the administration of this
    48  program.  In administering such grant program, the empire state develop-
    49  ment corporation shall give preference to applicants  demonstrating  the
    50  greatest need.
    51    5.  (a)  Counties, cities, towns, villages, and special districts that
    52  sustained direct physical damage as a result of covered extreme  weather
    53  events are eligible to apply for a grant under this subdivision.

        S. 7761                             3
 
     1    (b)  Such  grant  shall be in an amount of no more than $1,000,000 and
     2  shall be used for storm-related repairs  and  restoration  to  municipal
     3  infrastructure  and  systems  and  for  snow and tornado-related climate
     4  resiliency improvements. Eligible projects may include road  and  bridge
     5  hardening  against  wind  and  ice,  backup energy generation, snow load
     6  mitigation for public buildings, culvert and  drainage  system  improve-
     7  ments,  emergency response infrastructure upgrades, and similar improve-
     8  ments; provided, however,  that  the  aggregate  amount  of  all  grants
     9  distributed under the grant program shall not exceed $25,000,000.
    10    (c)  The  empire  state  development corporation shall administer this
    11  grant program. Such corporation is hereby empowered to  establish  grant
    12  guidelines  and  additional  eligibility  criteria,  based  on available
    13  extreme weather damage data provided by applicable state and/or  federal
    14  agencies, as it deems necessary to effectuate the administration of this
    15  program.  In administering such grant program, the empire state develop-
    16  ment corporation shall give preference to applicants  demonstrating  the
    17  greatest need.
    18    6.  (a)  Municipalities  and  special  districts that sustained direct
    19  physical damage from extreme weather events between January 1, 2024, and
    20  March 31, 2025, are eligible to apply for additional grants  under  this
    21  subdivision.
    22    (b) Such grants shall not exceed $1,000,000 per applicant.
    23    (c) Grants shall be used for repairs and resilience upgrades to public
    24  infrastructure  and systems affected by snow and tornado-related climate
    25  events, including but not limited to  road  and  bridge  reinforcements,
    26  improved drainage and de-icing infrastructure, backup power systems, and
    27  public shelter facilities.
    28    (d)  All  grants  must  be  used for storm-related costs not otherwise
    29  covered by any federal, state or local recovery program  or  third-party
    30  payors.
    31    (e)  The  empire  state  development corporation shall administer this
    32  program, which shall not exceed $10,000,000 in the aggregate.
    33    § 2. Municipalities participating in  the  central  New  York  extreme
    34  weather  relief  and  resiliency grant program may issue bonds and notes
    35  pursuant to subdivision 33-d of paragraph a  of  section  11.00  of  the
    36  local  finance law to finance grants, infrastructure recovery, and miti-
    37  gation authorized pursuant to this act.
    38    § 3. The empire state development corporation is authorized to reallo-
    39  cate any funds remaining from other programs or unallocated to carry out
    40  the purposes of this act.
    41    § 4. This act shall take effect immediately and  shall  be  deemed  to
    42  have been in full force and effect on and after January 1, 2024.
 
    43                                   PART B
 
    44    Section  1.  Expanded  resilient and ready program. 1. There is hereby
    45  established the  expanded  resilient  and  ready  program,  which  shall
    46  include the expanded rapid response home repair program and the expanded
    47  resilient retrofits program, to provide grants to homeowners impacted by
    48  extreme  weather  events  and  to  provide  long-term climate resilience
    49  improvements for snow and tornado-related weather hazards. Such  program
    50  shall  be an expansion of the New York state homes and community renewal
    51  resilient retrofit program and shall be administered in the same  manner
    52  as such program is administered.

        S. 7761                             4
 
     1    2. For the purposes of this section, the term "extreme weather events"
     2  includes,  but  is  not  limited to, tornadoes and winter weather events
     3  which bring heavy winds, ice, and/or snow.
     4    3.  (a)  The New York state homes and community renewal rapid response
     5  home repair program shall be expanded to provide immediate assistance in
     6  the form of grants to homeowners impacted by extreme weather events,  as
     7  such term is defined in this section.
     8    (b)  Such  grants  shall  be  in an amount of no more than $25,000 per
     9  household and shall be used for emergency structural repairs,  including
    10  but not limited to roofing, electrical, and heating systems.
    11    (c)  The expanded rapid response home repair program shall be adminis-
    12  tered by the division of housing and community renewal,  in  partnership
    13  with  local  governments  and  emergency management offices, in the same
    14  manner as the  rapid  response  home  repair  program  is  administered;
    15  provided,  however, that local administrators shall be pre-authorized to
    16  deploy funds within 30 days of a disaster declaration to  ensure  timely
    17  response.
    18    4. (a) The New York state homes and community renewal resilient retro-
    19  fits  program  shall be expanded to support long-term climate resilience
    20  improvements for snow and tornado-related weather hazards.
    21    (b) Grants provided by the  expanded  program  shall  support  climate
    22  resilience improvements, including but not limited to: tornado-resistant
    23  roofing systems, reinforced foundations, snow load-rated roof reinforce-
    24  ments, enhanced insulation, ice dam prevention systems, impact-resistant
    25  windows, storm shutters, and residential storm shelters.
    26    (c)  The expanded resilient retrofits program shall be administered in
    27  the same manner as the New York state homes and community renewal resil-
    28  ient retrofits program is administered.  In administering such  expanded
    29  program,  preference shall be given to low- and moderate-income homeown-
    30  ers.
    31    (d) Participation in the expanded rapid response home  repair  program
    32  may  make  applicants  eligible  for property/casualty insurance premium
    33  reductions based on risk mitigation.
    34    5. Funds in the amount of $50,000,000, or so much thereof  as  may  be
    35  available,  shall  be  allocated  to  the  expanded  resilient and ready
    36  program to support expansion of the New York state homes  and  community
    37  renewal  rapid response home repair program and the New York state homes
    38  and community renewal resilient retrofits program.
    39    § 2. Municipalities participating in the expanded resilient and  ready
    40  program  may issue bonds and notes pursuant to subdivision 33-d of para-
    41  graph a of section 11.00 of the local finance  law  to  finance  grants,
    42  infrastructure recovery, and mitigation authorized pursuant to this act.
    43    § 3. The empire state development corporation is authorized to reallo-
    44  cate any funds remaining from other programs or unallocated to carry out
    45  the purposes of this act.
    46    §  4.  This  act  shall take effect immediately and shall be deemed to
    47  have been in full force and effect on and after January 1, 2024.
 
    48                                   PART C
 
    49    Section 1. Central New  York  property/casualty  insurance  resiliency
    50  incentive  program.  1. There is hereby established the central New York
    51  property/casualty insurance resiliency incentive program  to  facilitate
    52  property/casualty insurance discounts for mitigation efforts.
    53    2.  (a)  Property/casualty  insurers  authorized to do business in New
    54  York state are encouraged to offer loss mitigation tools and services to

        S. 7761                             5

     1  policyholders for free or reduced cost, including smart water  monitors,
     2  shutoff  devices,  and  electrical fire sensors; provided, however, that
     3  the offering of such loss mitigation tools  and  services  for  free  or
     4  reduced  cost  shall be subject to subsection (a) of section 2324 of the
     5  insurance law and shall be offered in compliance with such subsection.
     6    (b) Where the market value of such loss mitigation tools and  services
     7  exceeds  $25,  the  offering  of such loss mitigation tools and services
     8  shall be specified in the insurance policy and shall have  a  legitimate
     9  nexus  to  the insurance coverage provided pursuant to subsection (a) of
    10  section 1113 and sections 1106 and 1610 of the insurance law.
    11    3. (a) The department of financial  services  may  issue  guidance  to
    12  ensure  loss  mitigation  tools  and  services  offered pursuant to this
    13  section are: related to risk  reduction,  appropriately  disclosed,  and
    14  uniformly  provided  to  like  insureds  in a fair and nondiscriminatory
    15  manner.
    16    (b) Insurers shall specify in policy forms what loss mitigation  tools
    17  and  services  are  being offered, who pays for such tools and services,
    18  and any applicable conditions or limits.
    19    4. Insurers, the New York Property Insurance Underwriting  Association
    20  (NYPIUA),  and  rate  service  organizations  (RSOs) shall file with the
    21  department of financial services actuarially appropriate discounts for:
    22    (a) Installation of devices or systems that mitigate or prevent  loss-
    23  es,  including  snow load alarms, ice dam prevention systems, and torna-
    24  do-resistant features; and
    25    (b)  Retrofitting  property  with  storm-resistant  roofing   systems,
    26  impact-resistant  windows,  storm  shutters,  or  reinforced  structural
    27  elements specific to snow or tornado events, pursuant to  sections  2346
    28  and 2346-a of the insurance law and 11 NYCRR § 160.6.
    29    5.  The  department of financial services shall monitor compliance and
    30  may adopt rules and regulations to ensure consistent application of this
    31  section.
    32    § 2. Municipalities participating in  the  central  New  York  extreme
    33  weather  relief  and  resiliency grant program may issue bonds and notes
    34  pursuant to subdivision 33-d of paragraph a  of  section  11.00  of  the
    35  local  finance law to finance grants, infrastructure recovery, and miti-
    36  gation authorized pursuant to this act.
    37    § 3. The empire state development corporation is authorized to reallo-
    38  cate any funds remaining from other programs or unallocated to carry out
    39  the purposes of this act.
    40    § 4. This act shall take effect immediately and  shall  be  deemed  to
    41  have been in full force and effect on and after January 1, 2024.
    42    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    43  sion,  section  or  part  of  this act shall be adjudged by any court of
    44  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    45  impair,  or  invalidate  the remainder thereof, but shall be confined in
    46  its operation to the clause, sentence, paragraph,  subdivision,  section
    47  or part thereof directly involved in the controversy in which such judg-
    48  ment shall have been rendered. It is hereby declared to be the intent of
    49  the  legislature  that  this  act  would  have been enacted even if such
    50  invalid provisions had not been included herein.
    51    § 4. This act shall take effect immediately  provided,  however,  that
    52  the  applicable effective date of Parts A through C of this act shall be
    53  as specifically set forth in the last section of such Parts.
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