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


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-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         2257--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced by M. of A. BARNWELL, D'URSO, COLTON -- Multi-Sponsored by --
          M. of A.  BRABENEC, 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  --  reported  and  referred to the Committee on Ways and
          Means -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
        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  15
     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;
    17    (j) one member to be appointed by the county executive of  the  county
    18  of Suffolk; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02238-03-9

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