A3546

An Act concerning recovery and rebuilding programs related to Superstorm Sandy and supplementing Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known and may be cited as the “Superstorm Sandy Bill of Rights.”

2. The Legislature finds and declares that:

In the autumn of 2012, Superstorm Sandy ravaged New Jersey’s shoreline, as well as many other communities in the State. The storm destroyed or damaged more than 72,000 of the State’s homes and businesses, has driven more than a quarter-million State residents to seek governmental assistance, and has resulted in more than $36 billion in damage and recovery needs. While New Jersey communities have taken certain important steps toward recovery, the work to rebuild is not yet complete.

Recognizing that there are numerous challenges associated with the efficient and expedient distribution of federal recovery resources following a disaster of the scale of Superstorm Sandy, the processes for individuals, businesses, especially small businesses, and communities to obtain governmental assistance has not been as fast as the Governor and the Legislature would like, and can be improved. Although the reasons for delays in obtaining assistance vary, the State has an obligation to those affected by the storm to make the process of obtaining benefits as userfriendly and transparent as possible. The State bears this responsibility even though many of the processes and benefit decisions are dictated by federal law. For these reasons and others, it is necessary for the Governor and the Legislature to codify and expand upon standards and safeguards for the treatment of individuals and businesses seeking financial assistance in recovering from Superstorm Sandy.

3. a. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Applicant” means an individual, or business that has applied for, is applying for, or is receiving benefits under a recovery and rebuilding program.

“Benefit” means funding, or any use of funding, that is distributed through a recovery and rebuilding program.

“Commissioner” means the Commissioner of Community Affairs.

“Recovery and rebuilding program” means the use of funding provided by the federal government, in an amount greater than $10 million, for a program intended to help individuals and businesses rebuild and recover from Superstorm Sandy.

“State” means the State, any office, department, division, bureau, board, commission, agency, authority, employee, or agent of the State.

b. To the greatest extent permissible under federal law, rules, regulations, and programmatic guidelines, the State shall adhere to the following as a means of ensuring that each applicant that has applied for, is applying for, or is receiving benefits under a recovery and rebuilding program is treated fairly in that process:

(1) The State shall provide on an Internet website a plain language explanation of every recovery and rebuilding program, all requirements to apply for and receive benefits, how to file appeals, and a description of the process necessary to correct any deficiency with an application.

(2) An applicant who has been denied benefits under a recovery and rebuilding program administered by the State, but has not appealed that denial to the State department or agency administering the program as of the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), shall have 120 days from the date of enactment to file an appeal. The State department or agency shall render a decision on any such appeal within 120 days or prior to the expiration of this 120-day period, and with good cause, inform the applicant in writing that additional time is needed to resolve the appeal. In the event of a successful appeal the applicant shall have the right to be repositioned on a list or waiting list for any benefits, or otherwise accommodated, as though the correct determination had been made at the time of the initial determination. Nothing in this section shall limit any rights that an applicant has pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) or any other applicable law.

(3) For each recovery and rebuilding program, the State shall track the status of each application and shall assign each application a unique application number. Upon request, the State shall provide an applicant with information regarding the status of his or her application, including whether or not additional documentation or materials are needed for benefits to be granted.

(4) The State shall cause at least one office and at least one call center to be open for at least six hours on Saturday, for the purpose of receiving application submissions and addressing applicant questions, until such time that, in the discretion of the commissioner, Saturday availability is no longer prudent or necessary.

(5) If an applicant is rejected for benefits or is placed on a waiting list, the State shall provide the applicant with the reasons for the decision at the time of the decision. Any applicant placed on a waiting list shall be given a numbered position on that list, shall be informed of this numbered position, and provided with an estimated wait time.

(6) The State shall ensure that reasonable procedures are in place to prevent the improper dissemination of applicants’ personal identifying information.

(7) The State shall provide access to recovery and rebuilding programs regardless of race or ethnicity.

(8) Whether over the telephone or through in-person communications, all information provided on a recovery and rebuilding program in English shall be available in Spanish, and in any other languages required pursuant to State or federal law.

(9) As set forth in the programmatic guidelines applicable to recovery and rebuilding programs, all funding distributions and benefit decisions shall be based on objective criteria and considerations.

(10) If an applicant is compensated, but not fully compensated through insurance, or through one recovery and rebuilding program, he or she shall not be prohibited from applying and being fairly considered for benefits under another recovery and rebuilding program to the extent permitted by applicable law, rule, regulation, or programmatic guideline. If the State is aware that another application for benefits or pending appeal could result in a delay in the payment of, or a denial of, benefits as a result of applicable law, rule, regulation, or programmatic guideline, the State shall so inform the applicant of the circumstances. This paragraph shall not be construed to enable any applicant to obtain benefits that exceed the total amount of the applicant’s loss or to permit the duplication of benefits from federal and State programs.

(11) To the extent consistent with applicable law, rules, regulations, and programmatic guidelines, the State shall prioritize the distribution of recovery and rebuilding program benefits to applicants of low and moderate income.

(12) No person shall be denied the benefits of a recovery and rebuilding program on the basis of the receipt of any other form of public assistance that is unrelated to Superstorm Sandy, unless otherwise required by law, rule, regulation, or programmatic guideline.

(13) The State shall provide applicants who live, or used to live in a manufactured home or mobile home as defined in section 3 of P.L.1975, c.217 (C.52:27D-121) with the ability to obtain assistance and benefits consistent with owners and occupants of other homes, to the extent permitted by applicable law, rules, regulations, and programmatic guidelines, taking into account the particular needs of such owners and occupants arising out of land lease law and circumstance.

(14) Consistent with the goals of Executive Order 125 of 2013 and P.L.2013, c.37 (C.52:15D-1 et seq.) to enhance transparency related to the recovery from Superstorm Sandy, information regarding the expenditure of recovery and rebuilding program funds and related contracts shall be updated on a State Internet website on a monthly basis. A full and current explanation of the criteria and process by which recovery and rebuilding program applications are prioritized shall also appear on a State Internet website. Changes to program policy and information on new contractor awards shall be posted on a State Internet website.

(15) Consistent with the goals of Executive Order 125 of 2013 and P.L.2013, c.37 (C.52:15D-1 et seq.) to enhance transparency relating to the recovery from Superstorm Sandy, a State Internet website shall contain information on how all recovery and rebuilding program funding has been and will be allocated, including information about the allocation process for all rounds of funding distribution, and descriptions of all State-held, stenographically recorded public hearings that primarily concern the recovery from Superstorm Sandy.

(16) The State shall adhere to the existing application and benefit distribution processes for each recovery and rebuilding program unless there is a reasonable need to change the processes. If a substantial change is necessary, a State Internet website shall be updated to provide notification of the change.

(17) An applicant shall not be precluded from recovery and rebuilding program benefits only because his or her mailing address of record is a post office box.

(18) The State shall set aside funding to assist applicants who did not previously receive benefits but may successfully appeal in accordance with paragraph (2) of this subsection.

(19) The State shall notify applicants whether, and to what extent, an applicant may pursue any reconstruction or rehabilitation work prior to the applicant’s receipt of a benefit without forfeiting eligibility for any benefit or reimbursement for the completed work.

(20) For recovery and rebuilding programs that fund the rehabilitation of primary residences, if an applicant’s primary residence has substantial damage under the standards of the “Flood Hazard Area Control Act,” P.L.1962, c.19 (C.58:16A-50 et seq.), and rules and regulations adopted pursuant thereto, the State shall prioritize the applicant’s application.

(21) When interacting with victims of Superstorm Sandy, the State, including the Department of Community Affairs, the Department of Banking and Insurance, and all other State entities involved in the recovery, shall continue to answer questions and complaints in a timely manner and to treat victims with dignity and respect.

c. Any costs resulting from compliance with subsection b. of this section shall be paid exclusively from funds provided to the State by the federal government, to the extent permitted by federal law, rule, regulation, or programmatic guideline.

d. The commissioner, in consultation with any other departments administering recovery and rebuilding programs, shall undertake a review of the implementation of the additional standards and safeguards contained in P.L. , c. (C. ) (pending before the Legislature as this bill), and shall report any findings and recommendations directly to the Governor no later than six months from the date of enactment of this act.

4. This act shall take effect immediately.

STATEMENT

This bill incorporates most of the changes requested by Governor Christie in the recent Conditional Veto of the Senate Committee Substitute for S-1306 and S-1804 of 2014-2015, commonly known as the “Superstorm Sandy Bill of Rights.” Superstorm Sandy inflicted immense damage on New Jersey, and has driven more than a quarter-million State residents to seek governmental assistance. This bill codifies and expands upon standards and safeguards for the treatment of individuals and businesses seeking financial assistance in recovering from Superstorm Sandy.

The standards created by this bill require the State to:

(1) Provide a plain-language description on the Internet of every benefit application and appeals process.

(2) Allow applicants who have been denied benefits under a recovery program administered by the State, but have not yet appealed, to have 120 days from the enactment date to file an appeal, and allow the relevant State department or agency another 120 days to render a decision, or inform the applicant in writing that additional time will be needed to resolve the appeal. If an appeal is successful, the applicant shall be repositioned as if the correct decision had been made initially.

(3) Track the status of each application, assign each application a unique identification number, and upon request, provide an applicant with information regarding application status.

(4) Cause at least one office and at least one call center to be open on Saturdays for at least 6 hours, until and unless the Commissioner of Community Affairs determines that Saturday availability is no longer necessary to enhance application convenience.

(5) Provide rejected and wait-listed applicants with reasons for the decision at the time of the decision, offer wait-listed applicants a numbered position on the list, and an estimated wait time.

(6) Ensure that procedures are in place to prevent the improper dissemination of applicants’ personal identifying information.

(7) Provide access to recovery and rebuilding programs regardless of race or ethnicity.

(8) Ensure that all information provided on a recovery and rebuilding program in English shall be available in Spanish, and in any other languages required pursuant to State or federal law.

(9) Ensure that all funding distributions and benefit decisions shall be based on objective criteria.

(10) Ensure that, if an applicant is compensated, but not fully compensated through one program, he or she shall not be prohibited from consideration for benefits under another program, to the greatest extent permitted by law. The State shall inform the applicant if applying for another benefit program could result in a delay or denial of benefits under another program.

(11) Prioritize the distribution of benefits to low and moderate income applicants to the greatest extent consistent under applicable law.

(12) Ensure that persons are not denied program benefits on the basis of the receipt of another form of public assistance that is unrelated to Superstorm Sandy.

(13) Provide residents of mobile and manufactured homes with the ability to obtain assistance consistent with residents of other homes to the greatest extent permissible under federal law.

(14) Require monthly updates to State Internet website information regarding the expenditure of program funds, and related contracts. Changes to program policy and new contractor awards shall also appear on a State Internet website.

(15) Ensure that a State Internet website contains information on how all program funding is being allocated, including descriptions of recorded public hearings that primarily concern the recovery from Superstorm Sandy.

(16) Adhere to the existing application and benefit distribution processes for each program unless there is a reasonable need to change.

(17) Ensure that an applicant is not precluded from benefits only because his or her mailing address of record is a post office box.

(18) Set aside funding to assist applicants who did not previously receive benefits, but who successfully appeal within the 120 day timeframe established in section 3b.(2) of this bill.

(19) Notify applicants whether reconstruction work may be pursued prior to benefit receipt without forfeiting program eligibility.

(20) Prioritize the application of a person whose primary residence is substantially damaged.

(21) Ensure that all State entities involved in the recovery effort answer questions in a timely manner, and treat victims with dignity and respect.

Any costs resulting from compliance with this bill shall be paid exclusively through federal funds to the greatest extent permitted by federal law. The Commissioner of Community Affairs shall review the implementation of the standards and safeguards contained in this bill, and shall report findings and recommendations to the Governor no later than six months after enactment.