Bill Text: NY A05557 | 2021-2022 | General Assembly | Introduced


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: Strong Partisan Bill (Democrat 19-2)

Status: (Vetoed) 2022-11-23 - tabled [A05557 Detail]

Download: New_York-2021-A05557-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5557

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 19, 2021
                                       ___________

        Introduced  by  M.  of A. BARNWELL, GOTTFRIED, GRIFFIN, COLTON -- Multi-
          Sponsored by -- M. of A. BRABENEC, COOK, DICKENS,  FERNANDEZ,  HEVESI,
          HYNDMAN,  LAVINE, QUART, SEAWRIGHT, 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 16
     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)  three  members  appointed  by  the governor, at least one of whom
     9  shall have expertise in environmental justice issues;
    10    (d) two members to be appointed by  the  temporary  president  of  the
    11  senate;
    12    (e) two members to be appointed by the speaker of the assembly;
    13    (f) one member to be appointed by the minority leader of the senate;
    14    (g) one member to be appointed by the minority leader of the assembly;
    15    (h) two members to be appointed by the mayor of the city of New York;
    16    (i)  one  member to be appointed by the county executive of the county
    17  of Nassau;
    18    (j) one member to be appointed by the county executive of  the  county
    19  of Suffolk; and
    20    (k)  one  member to be appointed by the county executive of the county
    21  of Westchester.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07033-01-1

        A. 5557                             2

     1    2. The at large members should include individuals with  expertise  in
     2  one  or  more  of  the following areas: climatology; hydrology; environ-
     3  mental;  aquaculture;  flood  risk  management;  environmental  justice;
     4  ecological  restoration  and  management;  oceanography or coastal ocean
     5  science; and engineering.
     6    3. Commission members shall receive no compensation for their services
     7  but  shall  be  reimbursed for actual and necessary expenses incurred in
     8  the performance of their duties.
     9    4. The chairperson of the commission  shall  be  the  commissioner  of
    10  environmental  conservation or his or her designee. The commission shall
    11  meet no less than four times and at other  times  at  the  call  of  the
    12  chairperson.
    13    5.  Any  vacancies  on  the  commission  shall be filled in the manner
    14  provided for in the initial appointment.
    15    6. The commission shall be authorized  to  hold  public  hearings  and
    16  meetings to enable it to accomplish its duties.
    17    7.  The  commission  may  consult  with  any organization, educational
    18  institution, other government entity or agency or person including,  but
    19  not  limited  to, the army corps of engineers, in the development of its
    20  report required by subdivision 10 of this section.
    21    8. The department of  environmental  conservation  shall  provide  the
    22  commission  with such facilities, assistance and data as will enable the
    23  commission to carry out its powers and duties.  Additionally, all  other
    24  agencies of the state or subdivisions thereof may, at the request of the
    25  chairperson,  provide  the  commission with such facilities, assistance,
    26  and data as will enable the commission  to  carry  out  its  powers  and
    27  duties.
    28    9.  The  purpose  of the New York seawall study commission shall be to
    29  identify  the  feasibility,  costs,  impacts,  and  best  locations  for
    30  construction of a seawall to protect the city of New York from sea level
    31  rise and storm surge along the entire coastline.
    32    10.  No later than December 31, 2024, the commission shall transmit to
    33  the governor, the temporary president of the senate and the  speaker  of
    34  the assembly a report containing the following:
    35    (a)  coastal  areas  at  greatest  risk  from  sea level rise based on
    36  projections established pursuant to section 3-0319 of the  environmental
    37  conservation law;
    38    (b) areas at risk from storm surge based on current sea levels;
    39    (c)  areas  that  are  more  likely to be at risk from coastal hazards
    40  including rising groundwater levels, saltwater intrusion, coastal flood-
    41  ing, and extreme weather events  including  coastal  storms,  with  such
    42  projections extending through year 2100;
    43    (d)  the  locations  for construction of a seawall and any communities
    44  likely to be at risk from such construction;
    45    (e) the feasibility, costs and locations of natural  and  nature-based
    46  solutions  and  onshore measures to protect New York city from sea level
    47  rise and storm surge;
    48    (f) the costs, including fiscal impacts, impacts on  vulnerable  popu-
    49  lations and natural resources, of such construction of a seawall; and
    50    (g)  recommendations  on  state  and local regulatory and/or statutory
    51  alterations.
    52    § 2. This act shall take effect immediately and shall  expire  and  be
    53  deemed repealed January 1, 2025.
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