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A08415 Summary:

BILL NOA08415
 
SAME ASSAME AS S08293
 
SPONSORCruz
 
COSPNSRFernandez, Burdick, Simon, McDonough
 
MLTSPNSR
 
Add §719, Exec L
 
Establishes the community disaster relief and recovery act of 2022 which will create an emergency assistance program for undocumented individuals impacted by a natural disaster.
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A08415 Actions:

BILL NOA08415
 
11/08/2021referred to governmental operations
01/05/2022referred to governmental operations
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A08415 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8415
 
SPONSOR: Cruz
  TITLE OF BILL: An act to amend the executive law, in relation to establishing the community disaster relief and recovery act of 2022     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 Emer- gency 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 citi- zenship 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 quick- ly.   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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A08415 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8415
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 8, 2021
                                       ___________
 
        Introduced  by  M. of A. CRUZ -- 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 2022
 
          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 2022".
     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.
    23    (c) "Disaster" means a natural disaster or storm that results  in  the
    24  declaration  of  a state of emergency or disaster by the state or by the
    25  federal government.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13353-01-1

        A. 8415                             2
 
     1    (d) "Displaced" means the applicant is unable to reside in the  disas-
     2  ter  damaged  residence  because  it is uninhabitable, meaning it is not
     3  safe, sanitary, or fit to occupy or because it is  inaccessible  due  to
     4  surrounding damage or restrictions placed by government officials.
     5    (e)  "Financial assistance" means money provided to applicants to meet
     6  necessary expenses and serious needs as a result of the disaster.
     7    (f) "Household" means all persons, including adults  and  minors,  who
     8  lived  in  the pre-disaster residence who request assistance, as well as
     9  any persons, such as infants, spouse, or part-time  residents  who  were
    10  not  present at the time of the disaster, but who are expected to return
    11  during the assistance period.
    12    (g) "Necessary expense" means a  cost  associated  with  acquiring  an
    13  item, obtaining a service, or paying for any other activity that meets a
    14  serious need.
    15    (h)  "Non-citizen  national"  means  a  person  born  in  an  outlying
    16  possession of the U.S., including but not limited to American  Samoa  or
    17  Swains Island, on or after the date the U.S. acquired the possession, or
    18  a  person whose parents are U.S.  non-citizen nationals.  All U.S. citi-
    19  zens are U.S. nationals, but not every U.S. national is a U.S. citizen.
    20    (i) "Qualified alien" means a person: (i) with legal  permanent  resi-
    21  dence,  including  having  a green card, refugee or asylum status, with-
    22  holding of deportation, conditional entry, parole into the U.S.  for  at
    23  least  one  year  for  humanitarian  purposes;  (ii)  is a Cuban-Haitian
    24  entrant; or (iii) has a pending or approved petition for relief based on
    25  battery or extreme cruelty by  a  family  member.  Such  term  does  not
    26  include a foreign-born individual studying, working, or traveling in the
    27  United States pursuant to a visa.
    28    (j)  "Qualified  minor  child"  means  a minor child who is a citizen,
    29  non-citizen national, or qualified alien who is living with  the  appli-
    30  cant.
    31    (k)  "Serious need" means a requirement for an item or service that is
    32  essential to an applicant's ability to prevent,  mitigate,  or  overcome
    33  disaster-caused hardship, injury or adverse condition.
    34    (l) "Undocumented immigrant" means a person who is a non-citizen domi-
    35  ciliary  of  the  state whose country of origin is other than the United
    36  States.
    37    3. The commissioner of the division of homeland security and emergency
    38  services, in conjunction with the New York state office for  new  Ameri-
    39  cans, shall establish procedures for receipt of applications from undoc-
    40  umented  immigrant  applicants  and households in order to provide expe-
    41  dited relief to storm survivors, including  housing  related  assistance
    42  and  other  needs  assistance.  Housing related assistance shall include
    43  lodging expense reimbursement, rental assistance and home repair assist-
    44  ance. Other needs assistance  shall  include  but  not  be  limited  to,
    45  personal  property assistance, medical and dental assistance, child care
    46  assistance, critical needs assistance, and clean and removal assistance.
    47    4. Housing related assistance shall be administered in accordance with
    48  the guidelines under the Major  Disaster  Declaration  for  Remnants  of
    49  Hurricane  Ida 4615-DR-NY and such assistance shall be determined by the
    50  United States department of housing and urban development's fair  market
    51  rent level.
    52    5.  Personal property assistance is financial assistance to replace or
    53  repair personal property damaged or destroyed due  to  a  disaster.  The
    54  list  of  potential  personal  property items shall be determined by the
    55  United States department of housing  and  urban  development's  standard
    56  personal  property  line  items data. Documented expenses for the actual

        A. 8415                             3
 
     1  cost to replace or repair  personal  property,  or  the  maximum  values
     2  assigned  in  the United States department of housing and urban develop-
     3  ment's standard personal property line items data,  whichever  is  less,
     4  are allowable. Assistance for clothing is limited to the reasonable cost
     5  of  clothing  for  up to seven days for damage to clothes that have been
     6  destroyed or contaminated by chemicals or sewer backup. Clothing  soaked
     7  by  wind-driven  rain,  seepage,  or  flood  waters  is not eligible for
     8  assistance. Replacement or repair of furnishings or appliances  provided
     9  by  a lessor are not eligible. Financial assistance to replace essential
    10  tool line items in the United States department  of  housing  and  urban
    11  development's  standard personal property line items data such as tools,
    12  supplies, equipment or items required by an employer as a  condition  of
    13  employment or required for education may be allowable but are not allow-
    14  able  for  self-employed  applicants. The assistance is intended to meet
    15  the basic needs of a household, not restore all personal property  items
    16  to  a  pre-  disaster  condition.  Applicants  seeking personal property
    17  assistance must provide documentation that the  applicant  has  personal
    18  property damaged in the disaster. This documentation may include:
    19    (a) Photographs or videos of the personal property showing damage from
    20  the disaster.
    21    (b)  Photographs, videos, or receipts of personal property from before
    22  the disaster combined with photographs and videos showing  the  disaster
    23  damaged residence.
    24    (c) Inspections performed by a contractor.
    25    (d)  Receipts  showing  the cost, date of purchase after the disaster,
    26  and information sufficient to identify the item as corresponding  to  an
    27  item  on  the  personal property list in the United States department of
    28  housing and urban development's standard personal  property  line  items
    29  data.
    30    6.  Medical and dental assistance is financial assistance for injuries
    31  and expenses directly caused by a disaster. Eligible documented expenses
    32  may include costs associated with an  injury  or  illness,  pre-existing
    33  injury,  disability,  or  medical  condition aggravated by the disaster,
    34  replacement of prescribed medication, loss or damage of personal medical
    35  or dental equipment, medical or dental insurance deductibles or  co-pays
    36  for eligible expenses, and loss or injury of a service animal. Medically
    37  unnecessary  procedures,  such as teeth whitening or appearance enhance-
    38  ment or assistance for therapy or  emotional  support  animals  are  not
    39  allowable. Assistance for service animals is limited to service dogs and
    40  miniature horses that perform a qualified task for a person with a disa-
    41  bility,  as  defined  by the Americans with Disabilities Act of 1990, as
    42  amended. An applicant seeking medical and dental assistance must provide
    43  documentation of the need. Such documentation may include:
    44    (a) Itemized bills, receipts, or estimates from the medical or  dental
    45  provider or pharmacy.
    46    (b)  A written and signed statement from a medical or dental provider,
    47  including the date of disaster-caused injury and expenses necessary  for
    48  recovery.
    49    (c)  Replacement  of  prescribed medication documentation includes all
    50  the following:
    51    (i) A written and signed statement by the applicant or the applicant's
    52  medical or dental provider verifying the loss was caused by  the  disas-
    53  ter;
    54    (ii)  A written and signed statement from a medical or dental provider
    55  verifying the prescription is required and was previously prescribed  to
    56  the applicant or a household member; and

        A. 8415                             4

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

        A. 8415                             5

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

        A. 8415                             6
 
     1    11.  The  division  of  homeland  security  and emergency services, in
     2  conjunction with the New York state office for new Americans, shall have
     3  the authority to  establish  rules  and  regulations  to  implement  the
     4  provisions of this section.
     5    §  3.  This  act shall take effect on the ninetieth day after it shall
     6  have become a law.    Effective  immediately,  the  addition,  amendment
     7  and/or repeal of any rule or regulation necessary for the implementation
     8  of  this  act  on  its  effective  date  are  authorized  to be made and
     9  completed on or before such effective date.
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