Bill Text: NY A06716 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the upstate flood mitigation task force and grant program within the canal corporation to conduct studies on the impact of floods and on preventative or mitigation measures.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-06-20 - substituted by s6754 [A06716 Detail]
Download: New_York-2017-A06716-Amended.html
Bill Title: Creates the upstate flood mitigation task force and grant program within the canal corporation to conduct studies on the impact of floods and on preventative or mitigation measures.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-06-20 - substituted by s6754 [A06716 Detail]
Download: New_York-2017-A06716-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6716--A 2017-2018 Regular Sessions IN ASSEMBLY March 16, 2017 ___________ Introduced by M. of A. STIRPE -- read once and referred to the Committee on Corporations, Authorities and Commissions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the canal law, in relation to the upstate flood miti- gation task force; to amend the state finance law, in relation to creating the upstate flood mitigation fund; 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. The canal law is amended by adding a new article 13-B to 2 read as follows: 3 ARTICLE XIII-B 4 UPSTATE FLOOD MITIGATION TASK FORCE 5 Section 139. Upstate flood mitigation task force. 6 139-a. Definitions. 7 139-b. Task force composition. 8 139-c. Task force duties and powers. 9 139-d. Upstate flood mitigation grant program. 10 § 139. Upstate flood mitigation task force. The upstate flood miti- 11 gation task force, referred to in this article as the "task force", is 12 hereby established to identify reasonable measures that can be taken to 13 enhance flood management and mitigation in the upstate flood mitigation 14 region and to make recommendations and provide grant assistance with 15 respect to such measures. 16 § 139-a. Definitions. When used in this article: 17 1. "Adaptive measures" means any adjustment, whether passive, reactive 18 or anticipatory, that may be taken to ameliorate the anticipated adverse 19 consequences associated with flood events. 20 2. "Flood control study sector" means a particular aspect of the 21 natural or built environment, economy, or society that could potentially EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06862-08-7A. 6716--A 2 1 be adversely impacted by flood events. Such term includes, but is not 2 limited to, stream and river banks, locks and dams, wetlands and water- 3 front areas, water resources, transportation infrastructure, water 4 supply and wastewater infrastructure, human health, recreation, tourism, 5 power generation and business, residential, farm and municipal sectors. 6 3. "Flood event" means an overflow or inundation that comes from a 7 river or other body of water, whether caused by rainfall, waterway oper- 8 ation, dam break, water runoff or other means, and causes or threatens 9 damage. 10 4. "Canal system" shall mean the canal waterways, lands and infras- 11 tructure as set out in section two of this chapter. 12 5. "Upstate flood mitigation region" or "region" shall include a coun- 13 ty, except a county wholly encompassed by a city and any county with a 14 population of one million or more. 15 § 139-b. Task force composition. 1. The task force shall consist of 16 nine members, including the director of the canal corporation, the 17 commissioner of transportation, the director of the division of homeland 18 security and emergency services and the commissioner of environmental 19 conservation; and five additional members who shall be from outside the 20 public offices listed in this section and who shall have professional 21 experience in one of the following fields: hydrology, civil engineering, 22 climatology, emergency management and soil and water conservation. Three 23 of the additional members shall be appointed by the governor and one 24 each of the remaining additional members shall be appointed by the 25 temporary president of the senate and the speaker of the assembly. 26 2. The task force shall appoint a chairperson from among its members. 27 3. The members of the task force shall receive no compensation for 28 their services, but shall be allowed their actual and necessary expenses 29 incurred in the performance of their duties. 30 § 139-c. Task force duties and powers. The role of the task force 31 shall include but not be limited to: 32 1. Conducting an in-depth examination, presented as a public report no 33 later than six months from the date the task force is established, of 34 flood control study sectors and issues related to floodplain management, 35 debris management, flood control and flood mitigation in the upstate 36 flood mitigation region including: 37 (a) the cost or impact of flooding over the last five years to agri- 38 culture; transportation; land use; public health; insurance; economic 39 sectors such as tourism, recreation and power generation; as well as 40 impacts on infrastructure including bridges, low lying roads, dams, 41 locks, roads, water and wastewater treatment plants and docks; 42 (b) an assessment of canal system operation procedures and plans which 43 may have a direct or indirect impact on flood mitigation and flood 44 management including, but not limited to debris management, communi- 45 cation, water management and flood response; and 46 (c) a listing of adaptive measures, with associated costs, that could 47 be executed to mitigate flood damages, including but not limited to 48 feasible floodplain management activities, debris management, 49 construction of flood control structures, construction of communication 50 systems and flood mitigation education for public and private landown- 51 ers. 52 2. Establishing an upstate flood mitigation grant program based on the 53 task force's evaluation pursuant to section one hundred thirty-nine-d of 54 this article which utilizes existing available federal and state monies 55 to fund grants within the upstate flood mitigation region to prevent and 56 mitigate flood damage within the region. Such program shall work inA. 6716--A 3 1 conjunction with existing flood assistance grant programs and supplement 2 existing efforts by providing funds for adaptive measures to mitigate or 3 eliminate a flood event. 4 3. Holding public hearings as it deems necessary to solicit relevant 5 information and gather current research and data related to flooding and 6 flood mitigation in the region as well as recommendations to fulfill the 7 purposes of this article. The task force shall consult with the county 8 offices of emergency management, county soil and water conservation 9 districts and all other federal, state and local entities it deems 10 necessary to fulfill the purposes of this article. In determining the 11 number of public hearings to be held, the task force shall act dili- 12 gently in order to meet the timeframe for first cycle awards under the 13 upstate flood mitigation grant program established within section one 14 hundred thirty-nine-d of this article. 15 4. The task force shall have the power to: (a) contract for profes- 16 sional and technical assistance and advice; (b) contract for and accept 17 assistance including, but not limited to gifts, grants, easements, and 18 loans of funds, real property and personal property from the federal 19 government or any agency or instrumentality of the state, or from any 20 other public or private source to comply, subject to the provisions of 21 this article, with the terms and conditions thereof, subject to the 22 approval of the division of budget. Notwithstanding the provisions of 23 section eleven of the state finance law, the task force may accept 24 gifts, grants, devises and bequests, whether conditional or uncondi- 25 tional with the approval of the director of the budget; (c) hold public 26 hearings; (d) establish an upstate flood mitigation grant program to be 27 administered by the canal corporation and based on the task force's 28 evaluation which utilizes existing available federal and state monies to 29 fund grants within the upstate flood mitigation region to prevent and 30 mitigate flood damage within the region; and (e) deposit such gifts, 31 grants, devises and bequests from any source into the upstate flood 32 mitigation fund as established in section ninety-nine-bb of the state 33 finance law. 34 5. Upon the request of the task force, all executive departments of 35 the state and the canal corporation shall provide the task force with 36 such facilities, assistance and data as will enable the task force to 37 carry out its powers and duties. Additionally, all other agencies of 38 the state or subdivisions thereof shall, at the request of the chair, 39 provide the task force with such facilities, assistance, and data as 40 will enable the task force to carry out its powers and duties. 41 § 139-d. Upstate flood mitigation grant program. 1. The task force 42 shall establish an upstate flood mitigation grant program to be adminis- 43 tered by the canal corporation based on the task force's in-depth exam- 44 ination of flood control study sectors and issues related to floodplain 45 management, debris management, flood control and flood mitigation in the 46 upstate flood mitigation region. Such grant program shall utilize money 47 available from the upstate flood mitigation fund as established in 48 section ninety-nine-bb of the state finance law. 49 2. The task force shall establish the upstate flood mitigation grant 50 program structure that shall be administered by the canal corporation. 51 Such program structure shall include, but not be limited to, the defi- 52 nition of eligible recipients, the definition of eligible projects, 53 project application process, program maximum project award amounts, 54 project cost sharing parameters and program funding cycles. It is 55 further provided, however, that the first funding cycle under thisA. 6716--A 4 1 program shall be available for award to grant recipients during the two 2 thousand seventeen-eighteen state fiscal year. 3 § 2. The state finance law is amended by adding a new section 99-bb to 4 read as follows: 5 § 99-bb. Upstate flood mitigation fund. 1. There is hereby created in 6 the joint custody of the commissioner of taxation and finance and the 7 state comptroller a fund to be known as the "upstate flood mitigation 8 fund". 9 2. The upstate flood mitigation fund shall consist of monies appropri- 10 ated, credited or transferred from existing available federal and state 11 funds. 12 3. Moneys in the fund shall be kept separate from and shall not be 13 commingled with any other moneys in the custody of the commissioner of 14 taxation and finance and the state comptroller. All deposits of such 15 money shall, if required by the comptroller, be secured by obligations 16 of the United States or of the state of market value equal at all times 17 to the amount of the deposit and all banks and trust companies are 18 authorized to give such securities for deposit. 19 4. Moneys of the fund shall be available for the purposes of the 20 upstate flood mitigation task force as established in article thirteen-B 21 of the canal law, including for the financing of grants made under the 22 upstate flood mitigation grant program as established in section one 23 hundred thirty-nine-d of the canal law. 24 § 3. 1. The appointment of upstate flood mitigation task force members 25 shall be completed within ninety days of the effective date of this act. 26 2. The task force shall complete the duties required under sections 27 139-c and 139-d of the canal law, within one year of the appointment of 28 task force members. 29 § 4. This act shall take effect immediately; provided, however, that 30 sections one, two and three of this act shall expire and be deemed 31 repealed March 31, 2023; and provided, further, that sections 139, 139-b 32 and 139-c of the canal law, as added by section one of this act, shall 33 expire and be deemed repealed March 31, 2020.
