S2825

An Act concerning efficiency and transparency in the distribution of Superstorm Sandy aid money and supplementing Title 52 of the Revised Statutes.

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

1. 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. In addition, due to the time it has taken to distribute recovery aid following Superstorm Sandy, many of those affected by the storm now face the reality of foreclosure on their home mortgages. 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 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 user friendly and transparent as possible. 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 communities seeking financial assistance in recovering from Superstorm Sandy.

2. 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.

"Commissioner" means the Commissioner of Community Affairs.

"Department" means the Department of Community Affairs.

"FRM" means the Fund for Restoration of Multifamily Housing.

"Qualified contractor pool" means a listing of contractors approved by the Department of Community Affairs participating in the RREM program.

"Recovery and rebuilding program" means the use of funding provided by the federal government, in an amount $10 million or greater, for a program intended to help individuals and businesses rebuild and recover from Superstorm Sandy, including, but not limited to, the FRM and RREM programs.

"RREM" means the Reconstruction, Rehabilitation, Elevation and Mitigation Program.

3. Within 30 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the department shall:

a. Develop a timeline setting forth a general estimation of the time in which an applicant can expect to receive assistance through a recovery and rebuilding program, based upon the department's past experience administering funds through recovery and rebuilding programs. The timeline shall track the process of applying for assistance from a recovery and rebuilding program from the time an applicant files his or her application with the department through the completion of the project for which the applicant requested assistance.

b. Develop and provide to each applicant for assistance from the RREM program a timeline setting forth an estimation of the time in which the applicant can expect to receive assistance through the RREM program that includes the following information as to his or her individual application:

(1) When the applicant should expect to receive 50 percent of the RREM grant money that the department has awarded the applicant;

(2) When the applicant should expect to receive 100 percent of the RREM grant money that the department has awarded the applicant;

(3) When the applicant should expect the construction or elevation project for which the department disbursed grant money will be completed in compliance with all applicable local, State, and federal building codes and regulations; and

(4) When the applicant should expect to receive a final certificate of occupancy and grant closeout.

4. Within 30 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the department shall:

a. Develop targets for the distribution of assistance to homeowners and renters for reimbursements and repairs through recovery and rebuilding programs. The department shall establish quarterly goals detailing the amount of assistance that the department intends to disburse through recovery and rebuilding programs. These goals shall be based upon the department's past experience administering funds through recovery and rebuilding programs and the experience of other states that have distributed federal funds for disaster recovery.

b. Develop special targets for the RREM program that, at a minimum, provide for all applicants to receive 50 percent or more of RREM program funding that the department has awarded them by October 29, 2015 and for all applicants to have completed RREM-funded construction and elevation projects, which meet all applicable local, State, and federal building codes and regulations, by October 29, 2016.

5. a. Within 60 days of the effective date of P.L. , c.

(C. ) (pending before the Legislature as this bill), the department shall develop and maintain an Internet website or webpage providing information concerning recovery and rebuilding programs. The information on the website shall be searchable and available as an interactive database, and shall:

(1) Allow verified residents of the State to create an account with the website that allows the resident to monitor the status of his or her application for assistance from a recovery and rebuilding program.

(2) Provide 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.

(3) Provide information about the status of individual applications submitted for assistance from a recovery and rebuilding program, including:

(a) the date that the application was received;

(b) a checklist of all required documents or other verifications related to the application and the date on which each document was received; and

(c) a list of all documents or other verifications still needed to complete the application and the date by which each item must be received.

(4) Provide a comprehensive list of all pending and completed appeals to the department concerning the denial of assistance or the manner in which the department distributes assistance from recovery and rebuilding programs, including:

(a) the date that the appeal was filed;

(b) a list of all documents related to the appeal and the date on which each document was filed;

(c) a list of all pending reviews of appeals and any upcoming hearings related to recovery and rebuilding programs scheduled before the department; and

(d) the department's final determination.

(5) Provide contact information for each builder in the qualified contractor pool, including each builder's telephone number and Internet website address.

(6) Provide and update information regarding the expenditure of recovery and rebuilding program funds and related contracts on the 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 the website. Changes to program policy, information on new contractor awards, and the status of work performed pursuant to the contractor awards shall be posted on the Internet website.

(7) Provide information on how all recovery and rebuilding program funding has been and will be allocated on the Internet website, including information about the allocation process for all rounds of funding distribution.

(8) Provide information on how RREM program funding has been and will be allocated on the Internet website, including:

(a) the total number of applications submitted for RREM funding;

(b) the number of applicants that has received 50 percent or more of the RREM grant money that the department has awarded them;

(d) the number of applicants that has completed RREM-funded construction or elevation projects in compliance with local, State, and federal building codes and regulations; and

(e) the number of applicants that has received a final certificate of occupancy and grant closeout.

b. The department shall develop and publish on the Internet website the timeline for the disbursement of recovery and rebuilding program assistance developed pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). The department shall make available on its Internet website individualized timelines for the disbursement of RREM program funding, developed pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), which applicants may access through their personal accounts with the website.

c. The department shall publish on the Internet website its quarterly goals for the disbursement of recovery and rebuilding program assistance developed pursuant to section 4 of P.L. ,

c. (C. ) (pending before the Legislature as this bill). The department shall publish its goals for the disbursement of RREM program funding, developed pursuant to section 4 of P.L. , c.

(C. ) (pending before the Legislature as this bill).

d. The department shall publish on the Internet website the commissioner's report on the use of Community Development Block Grant Disaster Recovery funds and other funds that may be available for similar purposes for interim assistance submitted to the Governor and Legislature pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).

e. In addition to publishing the information as required in subsections a. through d. of this section, the department may distribute the information by any other method it deems appropriate.

6. a. Within 30 days of the effective date of P.L. , c.

(C. ) (pending before the Legislature as this bill), the commissioner shall report to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), regarding the allocation of Community Development Block Grant Disaster Recovery funds and other funds that may be available for relief efforts associated with Superstorm Sandy. The commissioner shall evaluate and determine the extent to which the department may provide unused Community Development Block Grant Disaster Recovery funds and other funds that may be available for similar purposes to persons, who have submitted an application for assistance from a recovery and rebuilding program that is still pending before the department, as interim assistance for the applicants' mortgage payments and rent. If the commissioner determines that utilizing unused Community Development Block Grant Disaster Recovery funds, other funds that may be available for similar purposes, or both, for interim assistance is inappropriate, then the commissioner shall issue a report to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), detailing why the use of these funds for interim assistance is inappropriate. If the commissioner determines that utilizing unused Community Development Block Grant Disaster Recovery funds, other funds that may be available for similar purposes, or both, for interim assistance is appropriate, then the commissioner shall issue a report to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), establishing a strategy for the rapid disbursement of unused Community Development Block Grant Disaster Recovery funds, other funds that may be available for similar purposes, or both, for interim assistance.

b. The report required by this section shall include:

(1) an estimate of the total need for interim assistance among persons who have submitted an application for assistance from a recovery and rebuilding program that is still pending before the department;

(2) the portion of the total need for interim assistance that the department intends to meet through the rapid disbursement of unused Community Development Block Grant Disaster Recovery funds and other funds that may be available for similar purposes;

(3) the portion of the total need for interim assistance that the department intends not to meet through the rapid disbursement of unused Community Development Block Grant Disaster Recovery funds and other funds that may be available for similar purposes; and

(4) the means by which the department will decide which applicants will receive interim assistance if the department determines that it cannot satisfy the full need for interim assistance among persons who have submitted an application for assistance from a recovery and rebuilding program that is still pending before the department.

7. This act shall take effect immediately.

STATEMENT

This bill would increase efficiency and transparency in the disbursement of assistance for residents affected by Superstorm Sandy. This tragic storm inflicted immense damage to this State, and has driven more than a quarter million State residents to seek governmental assistance.

The bill requires the Department of Community Affairs to establish a timeline setting forth a general estimation of the time in which an applicant can expect to receive assistance through a recovery and rebuilding program, based upon the department's past experience administering funds through recovery and rebuilding programs. The department must provide to each RREM program applicant, an individualized timeline based upon the applicant's individual application. The bill also requires the department to establish quarterly goals for distributing Superstorm Sandy aid. The bill requires the department to publish the timelines and its funding goals on an Internet website, so the concerned residents of this State can track the department's progress with the disbursement of aid money.

In addition to the department's timelines and goals, the website will include other relevant information concerning recovery and rebuilding programs established in the wake of Superstorm Sandy. The Internet webpage will allow verified residents to create an account with the website to track the status of an application for assistance through a recovery and rebuilding program. The Internet website will also include: (1) a plain language explanation of every recovery and rebuilding program available to residents impacted by Superstorm Sandy; (2) a comprehensive list of all pending and completed appeals to the department concerning its disbursement of Superstorm Sandy aid money; (3) a list of builders in the qualified contractor pool; (4) the status of any projects awarded to builders in the qualified contractor pool that involve Sandy aid money; (5) a description of how Sandy aid has been distributed; and (6) a full explanation of the criteria and process through which the department distributes assistance from recovery and rebuilding programs.

In addition, this bill requires the Commissioner of Community Affairs to report to the Governor and the Legislature regarding the allocation of Community Development Block Grant Disaster Recovery funds and other funds that may be available for relief efforts associated with Superstorm Sandy. The commissioner must evaluate and determine the extent to which the department may provide unused Community Development Block Grant Disaster Recovery funds and other funds that may be available for similar purposes to persons, who have submitted an application for assistance from a recovery and rebuilding program that is still pending before the department, as interim assistance for the applicants' mortgage payments and rent. The bill further requires the commissioner to submit a report to the Governor and Legislature regarding whether the use of Community Development Block Grant Disaster Recovery and other funds that may be available for relief efforts associated with Superstorm Sandy for interim assistance is appropriate. The report must include information concerning the total need for interim assistance among persons who have submitted an application for assistance from a recovery and rebuilding program that is still pending before the department and how the department intends to satisfy that need.

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. Since Superstorm Sandy, numerous challenges associated with the efficient and expedient distribution of Superstorm Sandy aid money have arisen. Consequently, this bill will codify and expand upon standards and safeguards for the treatment of individuals and communities seeking financial assistance in recovering from Superstorm Sandy.