Lupardo Insists That Package of Flood Relief Bills Be Considered for Potential Special Session This Week

Binghamton – Assemblywoman Donna Lupardo (D-Endwell) is pushing a package of flood relief bills for consideration at a potential special session of the New York State Legislature later this week. In October, Lupardo introduced four bills to help the Southern Tier recover from the flood. She is working with the governor’s office on a fifth bill, which would provide tax credits to BAE Systems over a five-year period.

Now, with the State Senate and Assembly being called back to Albany this week for a potential special session, Lupardo is insisting that the State Legislature take this legislation.

Lupardo has already introduced four out of the five flood relief bills and is working with the governor’s office on the legislation to provide assistance to BAE Systems and other businesses.

The package of flood relief bills she is advocating for would:

  1. Provide disaster-related tax benefits to BAE Systems and other companies for retaining jobs in New York State;
  2. Allow property that was significantly damaged by Hurricane Irene or Tropical Storm Lee to be reassessed;
  3. Require the state to pay the 12.5% municipal share for damage caused by Hurricane Irene and Tropical Storm Lee;
  4. Allow school districts to accept installment payments for school taxes if properties were affected by floods or natural disasters; and
  5. Exempt emergency expenditures by school districts from the 2% property tax cap.
  6. “It’s important that we keep the pressure on for flood relief,” said Lupardo. “Residents, businesses, local governments and school districts in our community are hurting and need immediate assistance.”

    The Flood Assessment Relief Act of 2011 (A.8647-A/S.5891) 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 (A.8648-A/S.5892) 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 (A.8655) 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, such as the Binghamton City School District, which lost MacArthur Elementary in the flood. Lupardo has also asked for additional assistance to be given to the schools, so that the expenses would not be passed along to taxpayers.

    To provide relief to local governments, Lupardo is also asking the state to pay any non-federal share for municipal damage (A.8654-A/S.5888). 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. If the state picks up the 12.5% municipal share of public infrastructure Broome County property tax payers will save $775,000.