Binghamton – Assemblywoman Donna Lupardo (D-Endwell) was joined by Broome County Executive Patrick Brennan and Binghamton City School District Superintendent Peggy Wozniak at a news conference to announce the introduction of four bills in response to the flooding caused by Hurricane Irene and Tropical Storm Lee. The package of bills would:

1) Allow property that was significantly damaged by Hurricane Irene or Tropical Storm Lee to be reassessed;

2) Require the state to pay the 12.5% municipal share for damage caused by Hurricane Irene and Tropical Storm Lee;

3) Allow school districts to accept installment payments for school taxes if properties were affected by floods or natural disasters; and

4) Exempt emergency expenditures by school districts from the 2% property tax cap.

“These are important measures to help the community recover from the flood,” said Lupardo. “It’s important that the state provide as much assistance as possible to residents, businesses, local governments and school districts affected by the flood.”

The Flood Assessment Relief Act of 2011 is based on legislation that Lupardo authored in response to the flooding in 2006, which passed unanimously in both houses of the State Legislature and was signed into law (Chapter 15 of 2007). Her new bill would set a new property valuation date of September 12, 2011 for properties which lost more than 50% of their value. Municipalities would have to opt in to participate. This would provide relief to residents and businesses whose properties were substantially damaged by the flooding.

Lupardo also introduced legislation to allow school districts to collect school tax payments in installments if the taxpayers of the school district were impacted by flooding. Current law allows installment payments subject to local approval. However, Lupardo’s bill would give school districts greater flexibility to allow installment payments of school taxes in the event of natural disasters or emergencies. In addition, school districts would be allowed to refund taxes paid above that percentage to taxpayers.

Another bill would exempt emergency expenditures by school districts from the 2% property tax cap. This exemption used to exist in law for limits placed on contingency school budgets. However, the exemption was removed from the property tax cap bill that was signed into law earlier this year. This has now left school districts with very little recourse in the event of significant damage due to natural disasters.

“Limited state aid and the tax cap are challenges school districts already face in developing a budget that meets the needs of the students. Adding the unanticipated costs of dealing with flood cleanup and relocation costs due to the loss of MacArthur Elementary within the 2% tax cap is unfair to the Binghamton District that suffered from a natural disaster that we could not prevent,” said Binghamton City School District Superintendent Peggy Wozniak. “Thank you to Assemblywoman Lupardo for introducing legislation that would be fair to all school districts in New York State.”

To provide relief to local governments, Lupardo is also asking the state to pay any non-federal share for municipal damage. FEMA currently pays 75%, with localities and the state each paying half (12.5%) of the remaining 25%. This legislation would ensure that the state pay the full 25% of costs not covered by FEMA.

“Passage of these bills will help with flood recovery,” said Broome County Executive Patrick Brennan. “If the state picks up the 12.5% municipal share of public infrastructure Broome County property tax payers will save $775,000.”

Lupardo added that three of the four bills she has introduced have already been introduced in the state Senate as well. She is in the process of getting a sponsor to introduce her bill that would exempt emergency expenditures by school districts.