Bill Text: NY A02257 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes a commission to be known as the "New York seawall study commission" which will study the feasibility, costs, impacts, and best locations for construction of a seawall or sea gate being created to protect the city of New York from sea level rise and storm surge along the entire coastline.

Spectrum: Partisan Bill (Democrat 20-1)

Status: (Engrossed) 2019-06-18 - RETURNED TO ASSEMBLY [A02257 Detail]

Download: New_York-2019-A02257-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2257
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced by M. of A. BARNWELL -- Multi-Sponsored by -- M. of A. BRABE-
          NEC, COOK, CRESPO, DICKENS, FERNANDEZ, HEVESI, HYNDMAN, LAVINE, ORTIZ,
          QUART,  SEAWRIGHT,  SIMOTAS,  TAYLOR,  VANEL, WEPRIN, WILLIAMS -- read
          once and referred to the Committee on Environmental Conservation
        AN ACT to establish a commission to be known as the  "New  York  seawall
          study  commission";  and  providing  for the repeal of such provisions
          upon expiration thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  New  York  seawall study commission. 1.   There is hereby
     2  established, within the  department  of  environmental  conservation,  a
     3  seawall  study  commission  ("commission")  which  shall  consist  of 14
     4  members who shall be appointed as follows:
     5    (a) the commissioner of  environmental  conservation  or  his  or  her
     6  designee;
     7    (b) the secretary of state or his or her designee;
     8    (c) two members appointed by the governor;
     9    (d)  two  members  to  be  appointed by the temporary president of the
    10  senate;
    11    (e) two members to be appointed by the speaker of the assembly;
    12    (f) one member to be appointed by the minority leader of the senate;
    13    (g) one member to be appointed by the minority leader of the assembly;
    14    (h) two members to be appointed by the mayor of the city of New York;
    15    (i) one member to be appointed by the county executive of  the  county
    16  of Nassau; and
    17    (j)  one  member to be appointed by the county executive of the county
    18  of Suffolk.
    19    2. The at large members should include individuals with  expertise  in
    20  one  or  more  of  the following areas: climatology; hydrology; environ-
    21  mental; aquaculture; oceanography or coastal ocean  science;  and  engi-
    22  neering.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02238-01-9

        A. 2257                             2
     1    3. Commission members shall receive no compensation for their services
     2  but  shall  be  reimbursed for actual and necessary expenses incurred in
     3  the performance of their duties.
     4    4.  The  chairperson  of  the  commission shall be the commissioner of
     5  environmental conservation or his or her designee. The commission  shall
     6  meet  no  less  than  four  times  and at other times at the call of the
     7  chairperson.
     8    5. Any vacancies on the commission  shall  be  filled  in  the  manner
     9  provided for in the initial appointment.
    10    6.  The  commission  shall  be  authorized to hold public hearings and
    11  meetings to enable it to accomplish its duties.
    12    7. The commission  may  consult  with  any  organization,  educational
    13  institution,  other government entity or agency or person including, but
    14  not limited to, the army corps of engineers, in the development  of  its
    15  report required by subdivision 10 of this section.
    16    8.  The  department  of  environmental  conservation shall provide the
    17  commission with such facilities, assistance and data as will enable  the
    18  commission  to carry out its powers and duties.  Additionally, all other
    19  agencies of the state or subdivisions thereof may, at the request of the
    20  chairperson, provide the commission with  such  facilities,  assistance,
    21  and  data  as  will  enable  the  commission to carry out its powers and
    22  duties.
    23    9. The purpose of the New York seawall study commission  shall  be  to
    24  identify  the  feasibility,  costs,  impacts,  and  best  locations  for
    25  construction of a seawall or sea gate to protect the city  of  New  York
    26  from sea level rise and storm surge along the entire coastline.
    27    10.  No later than December 31, 2022, the commission shall transmit to
    28  the governor, the temporary president of the senate and the  speaker  of
    29  the assembly a report containing the following:
    30    (a)  coastal  areas  at  greatest  risk  from  sea level rise based on
    31  projections established pursuant to section 3-0319 of the  environmental
    32  conservation law;
    33    (b) areas at risk from storm surge based on current sea levels;
    34    (c)  areas  that  are  more  likely to be at risk from coastal hazards
    35  including rising groundwater levels, saltwater intrusion, coastal flood-
    36  ing, and extreme weather events  including  coastal  storms,  with  such
    37  projections extending through year 2100;
    38    (d) the locations for construction of a seawall or sea gate;
    39    (e) the costs of such construction of a seawall or sea gate; and
    40    (f)  recommendations  on  state  and local regulatory and/or statutory
    41  alterations.
    42    § 2. This act shall take effect immediately and shall  expire  and  be
    43  deemed repealed January 1, 2023.
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