Bill Text: NY A10591 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the Lake Ontario-St. Lawrence River flood prevention, response, recovery and mitigation task force; establishes reporting and public hearing requirements for the Lake Ontario-St. Lawrence River flood prevention, response, recovery and mitigation task force.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-05-08 - referred to environmental conservation [A10591 Detail]
Download: New_York-2017-A10591-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10591 IN ASSEMBLY May 8, 2018 ___________ Introduced by M. of A. MORELLE -- read once and referred to the Commit- tee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to the New York state Lake Ontario-St. Lawrence River flood prevention, response, recovery and mitigation task force; to establish reporting and public hearing requirements for the New York state Lake Ontario- St. Lawrence River flood prevention, response, recovery and mitigation task force; and providing for the repeal of certain 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 environmental conservation law is amended by adding a 2 new article 74 to read as follows: 3 ARTICLE 74 4 TITLE 2 5 NEW YORK STATE LAKE ONTARIO - ST. LAWRENCE RIVER FLOOD 6 PREVENTION, RESPONSE, RECOVERY AND MITIGATION TASK FORCE 7 Section 74-0101. Flood prevention, response, recovery and mitigation 8 task force. 9 74-0103. Definitions. 10 74-0105. Task force composition. 11 74-0107. Task force duties. 12 § 74-0101. Flood prevention, response, recovery and mitigation task 13 force. 14 The New York state Lake Ontario-St. Lawrence River flood prevention, 15 response, recovery and mitigation task force, referred to in this arti- 16 cle as the task force, is hereby established to determine what measures 17 should be taken to enhance flood prevention, recovery, response, manage- 18 ment and mitigation in and along the shoreline and adjoining waterways 19 of Lake Ontario and the St. Lawrence River, and to develop recommenda- 20 tions to accomplish such goal. 21 § 74-0103. Definitions. 22 When used in this article: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15411-01-8A. 10591 2 1 1. "Adaptive measures" means any adjustment, whether passive, reactive 2 or anticipatory, that may be taken to ameliorate the anticipated adverse 3 consequences associated with flood events. 4 2. "Flood control study sector" means a particular aspect of the 5 natural or built environment, economy, or society that could potentially 6 be adversely impacted by flood events. Such term includes, but is not 7 limited to, lake, stream and river banks, locks and dams, wetlands and 8 waterfront areas, water resources, transportation infrastructure, water 9 supply and wastewater infrastructure, human health, recreation, tourism, 10 power generation and business, residential, farm and municipal sectors. 11 3. "Flood event" means an overflow or inundation that comes from a 12 lake, river or other body of water, whether caused by rainfall, waterway 13 operation, dam operation, waterflow management, dam break, water runoff 14 or other means, and causes or threatens damage. 15 4. "Lake Ontario" and "St. Lawrence River" shall mean the lake, river 16 shoreline, lands and infrastructure of Lake Ontario and the St. Lawrence 17 River, or its adjoining or affected communities of Niagara, Orleans, 18 Monroe, Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and 19 Franklin Counties. 20 § 74-0105. Task force composition. 21 1. The task force shall consist of thirteen members; eight of whom 22 shall be the adjutant general of the state division of military and 23 naval affairs, the commissioner of the division of homeland security and 24 emergency services, the commissioner of the department of environmental 25 conservation, the secretary of state, the commissioner of transporta- 26 tion, the commissioner of the department of parks, recreation and 27 historic preservation, the commissioner of the department of agriculture 28 and markets and the chairman of the state economic development office or 29 designee; and five additional members who shall be from outside the 30 public offices listed in this section and one of each of whom shall be a 31 hydrologist, civil engineer, climatologist, county emergency manager and 32 soil and water conservation professional. The governor shall appoint 33 three of the five additional members and the temporary president of the 34 senate and speaker of the assembly shall each appoint one of each of the 35 five additional members. 36 2. The task force shall appoint a chairperson from among its members. 37 3. The members of the task force shall receive no compensation for 38 their services, but shall be allowed their actual and necessary expenses 39 incurred in the performance of their duties. 40 4. The task force shall consult with each of the emergency management 41 officers, or appropriate county officer, from Niagara, Orleans, Monroe, 42 Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and Franklin 43 counties, and each said officer shall provide to the task force a docu- 44 ment listing their concerns and recommendations related to flooding 45 along Lake Ontario and/or the St. Lawrence River. The task force shall 46 consider such concerns and recommendations in its deliberations and in 47 the formulation of its determinations and recommendations. 48 5. The task force shall meet at least six times over an eighteen month 49 period at the call of the chairperson. 50 § 74-0107. Task force duties. 51 The role of the task force includes, but is not limited to: 52 1. Conducting an in-depth examination of flood prevention, response 53 and recovery issues, and flood control study sectors and issues, related 54 to flood prevention, response and recovery, water management, flood 55 control and flood mitigation in and along the shoreline and adjoining 56 waterways of Lake Ontario and the St. Lawrence River, including:A. 10591 3 1 (a) Adaptive measures that can be taken to effectuate flood 2 prevention, response and recovery programs, and mitigate flood damages, 3 including but not limited to feasible flood prevention, response and 4 recovery measures, flood management activities, wetland restoration, 5 flood control infrastructure, communication systems and related public 6 safety and flood control structures and associated costs; 7 (b) Evaluation which should include impacts on agriculture, transpor- 8 tation, land use, health, insurance and economic sectors such as ship- 9 ping, fisheries, power generation, tourism, and recreation. Impacts on 10 infrastructure, including bridges, low-lying roads, dams, locks, cause- 11 ways, water and wastewater treatment plants and docks shall be included 12 in the evaluation; and 13 (c) Evaluation of Lake Ontario and St. Lawrence River operation and 14 management, and plans or agreements or treaties which may have a direct 15 or indirect impact on flood control, prevention, response, recovery or 16 mitigation and flood management including, but not limited to, debris 17 management, communication, and water management and water level manipu- 18 lation. 19 2. Evaluating and assessing of any flood prevention, response and 20 recovery measures, flood control or flood mitigation measures, or water 21 management procedures, agreements or treaties, identified in terms of 22 feasibility, economic and public health impacts, and effectiveness, as 23 well as identifying impediments to implementing effective flood 24 prevention, response and recovery, flood control and flood mitigation 25 measures, and where possible, actions that could be taken to resolve 26 flooding issues. 27 3. Arranging through the department and the division of military and 28 naval affairs, for the provision of such facilities, assistance and data 29 as will enable the task force to carry out its powers and duties. Addi- 30 tionally, all other agencies of the state or subdivisions thereof shall, 31 at the request of the chair provide the task force with such facilities, 32 assistance, and data as will enable the task force to carry out its 33 powers and duties. 34 § 2. Report to the governor and legislature. 1. Within 18 months of 35 the effective date of this act, the New York state flood prevention, 36 response, recovery and mitigation task force shall issue a draft report, 37 which shall be submitted to the governor, the temporary president of the 38 senate, and the speaker of the assembly assessing flood mitigation and 39 control in New York state with particular focus on Lake Ontario and the 40 St. Lawrence River; including, but not limited to, recommendations on 41 how such impacts should be addressed. At least three public hearings 42 shall be held by the task force to provide the public with the opportu- 43 nity to comment on the report. Notice of such hearings shall be provided 44 on the department of environmental conservation website, and in the 45 environmental notice bulletin. 46 2. Within 90 days of the date of the last public hearing, the New York 47 state flood prevention, response, recovery and mitigation task force 48 shall submit a final report to the governor, the temporary president of 49 the senate, and the speaker of the assembly. Copies of such report shall 50 also be made available to the public and posted on the websites of the 51 department of environmental conservation and the division of naval and 52 military affairs. 53 § 3. This act shall take effect immediately and shall expire and be 54 deemed repealed one hundred twenty days after the New York state flood 55 prevention, response, recovery and mitigation task force has submitted 56 its final, completed report; provided that the department of environ-A. 10591 4 1 mental conservation shall notify the legislative bill drafting commis- 2 sion upon the occurrence of the enactment of the legislation provided 3 for in section one of this act in order that the commission may maintain 4 an accurate and timely effective data base of the official text of the 5 laws of the state of New York in furtherance of effectuating the 6 provisions of section 44 of the legislative law and section 70-b of the 7 public officers law.
