Bill Text: NY S04999 | 2015-2016 | General Assembly | Introduced
Bill Title: Enacts the "coastal risk management zone protection act"; relates to the assessment and protection of coastlines against coastal hazards.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO FINANCE [S04999 Detail]
Download: New_York-2015-S04999-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4999 2015-2016 Regular Sessions I N S E N A T E April 28, 2015 ___________ Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to coastal risk manage- ment zones; to amend the environmental conservation law, in relation to the assessment and protection of coastlines against coastal hazards; and to amend the village law, the town law, the general city law and the public service law, in relation to coastal protection THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Coastal Risk Management Zone Protection Act." 3 S 2. Legislative findings and intent. The legislature hereby finds 4 that sea level rise and coastal flooding from storm surge are already 5 affecting and will increasingly affect New York's entire ocean and 6 estuarine coastline. 7 The legislature also finds that coastal areas in New York are of 8 tremendous economic and social importance to the state, that large 9 numbers of residences and businesses are located along the shoreline, 10 with each shoreline area constituting a unique and essential part of the 11 character of New York, and that shoreline areas are diverse and inter- 12 connected and share New York's rich agriculture, commercial, economic 13 and environmental history and resources. The likelihood that powerful 14 storms will hit New York State's coastline is very high, as is the asso- 15 ciated threat to human life and coastal infrastructure. This vulnerabil- 16 ity will increase in area and magnitude over time. 17 The legislature further finds that natural shoreline features, such as 18 wetlands, aquatic vegetation, dunes and barrier beaches, currently 19 provide large-scale services, such as flood protection, storm buffering, 20 fisheries habitat, recreational facilities and water filtration, at 21 almost no cost. These services would be prohibitively expensive to 22 replicate with human-built systems. New York is losing tidal marshes at EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10593-01-5 S. 4999 2 1 a rapid pace and with them the natural infrastructure that protects the 2 shore from floods, wave attack and erosion. Sea level rise and coastal 3 hazards will cause all shoreline ecosystems to become more frequently 4 inundated. Low-lying locations will become permanently submerged. Habi- 5 tats and the species associated with them may migrate landward; this 6 migration, however, will be impeded by the density of development on 7 much of the state's shoreline and the widespread hardening of that 8 shoreline. 9 The legislature also finds that current investment and land-use plan- 10 ning practices by both New York state and local governments are encour- 11 aging development in areas at high risk of coastal flooding and erosion. 12 The legislature further finds that existing maps of New York state's 13 coast that identify communities, habitats and infrastructure at greatest 14 risk of flooding and erosion, including those of the Federal Emergency 15 Management Agency, are inaccurate, out of date, not detailed enough for 16 planning and regulatory purposes and fail to incorporate historic and 17 projected sea level rise. 18 The legislature finds that there are low-cost, high-benefit actions, 19 including those recommended in the report by the New York state Sea 20 Level Rise Task Force, commissioned by the New York state legislature, 21 that can be taken now to reduce vulnerability along New York state's 22 coastline. 23 Therefore, the legislature finds that the purpose of this act is to 24 provide guidance and to encourage public and private interests to act 25 collectively to: integrate and coordinate existing efforts to address 26 sea level rise and coastal hazards; identify and make recommendations to 27 mitigate harms from sea level rise and coastal hazards; make recommenda- 28 tions on methods to protect the value of existing public and private 29 investment that has already been made in vulnerable coastal regions; and 30 provide direction for state and local governments to protect, preserve 31 and properly manage the unique challenges of sea level rise and coastal 32 hazards along New York state's coastline for the benefit of existing and 33 future generations. 34 S 3. Section 911 of the executive law is amended by adding three new 35 subdivisions 8, 9 and 10 to read as follows: 36 8. "SEA LEVEL RISE" MEANS THE MEAN INCREASE IN SEA LEVEL RELATIVE TO 37 SHORELINE, CALCULATED YEARLY, WITHIN A DEFINED AREA. 38 9. "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF 39 COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF 40 COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS. 41 COASTAL RISK MANAGEMENT ZONES WILL BE IDENTIFIED BY THE SECRETARY OF 42 STATE ACCORDING TO THE PURPOSES AND POLICIES IDENTIFIED IN SECTION NINE 43 HUNDRED FOURTEEN-A OF THIS ARTICLE, AND ARE AS SHOWN ON THE COASTAL RISK 44 MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE AS 45 REQUIRED IN SECTION NINE HUNDRED FOURTEEN-A OF THIS ARTICLE. 46 10. "COASTAL HAZARDS" MEANS THE RANGE OF ENVIRONMENTAL PROCESSES AND 47 EVENTS THAT MAY AFFECT COASTLINES OR HUMAN ACTIVITY NEAR COASTLINES, AND 48 IT INCLUDES BUT IS NOT LIMITED TO SEA LEVEL RISE, RISING GROUNDWATER, 49 COASTAL FLOODING, STORM SURGE, COASTAL STORMS, OR SALTWATER INTRUSION. 50 S 4. Section 912 of the executive law is amended by adding a new 51 subdivision 17 to read as follows: 52 17. TO FACILITATE ADAPTATION TO SEA LEVEL RISE AT THE STATE AND LOCAL 53 LEVEL, PARTICULARLY WITHIN COASTAL AREAS. 54 S 5. The executive law is amended by adding a new section 914-a to 55 read as follows: S. 4999 3 1 S 914-A. COASTAL RISK MANAGEMENT ZONES. 1. THE COASTAL RISK MANAGEMENT 2 ZONE IS HEREBY ADOPTED AS PART OF THIS ARTICLE AS THOUGH FULLY INCORPO- 3 RATED HEREIN. SUCH ZONES DELINEATE THE AREA WITHIN WHICH THE COASTAL 4 RISK MANAGEMENT POLICIES AND PURPOSES SHALL APPLY. 5 2. THE COASTAL RISK MANAGEMENT ZONE SHALL INCLUDE, AT A MINIMUM, THOSE 6 AREAS DESIGNATED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO 7 INCLUDE COASTAL HIGH-HAZARD AREAS AS IDENTIFIED BY FEMA AND DEFINED BY 8 SECTION 9.4, CHAPTER ONE, IN TITLE 44 OF THE CODE OF FEDERAL REGU- 9 LATIONS, AS SUCH DESIGNATIONS ARE AMENDED FROM TIME TO TIME; HOWEVER, 10 NOTHING IN THIS SECTION LIMITS THE COASTAL RISK MANAGEMENT ZONE TO AREAS 11 SO DESIGNATED. 12 3. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL IDENTIFY WITHIN 13 THE COASTAL RISK MANAGEMENT ZONE: 14 (A) COASTAL AREAS AT GREATEST RISK FROM SEA LEVEL RISE, 15 (B) AREAS AT RISK FROM STORM SURGE WITH CURRENT SEA LEVELS, AND 16 (C) AREAS THAT ARE LIKELY TO BE AT RISK FROM STORM SURGE DUE TO SEA 17 LEVEL RISE IN THE FUTURE THROUGH YEAR TWO THOUSAND ONE HUNDRED. 18 A REPRESENTATION OF THESE AREAS OF RISK, ALONG WITH THE METHODOLOGY 19 AND CRITERIA FOR ASSIGNING GIVEN LEVELS OF RISK, SHALL BE MADE AVAILABLE 20 TO LOCAL GOVERNMENTS AND THE PUBLIC. 21 4. A REPRESENTATION OF THE COASTAL RISK MANAGEMENT ZONES SHALL BE ON 22 FILE IN THE OFFICE OF THE SECRETARY OF STATE. THE SECRETARY OF STATE 23 SHALL FILE WITH THE CLERK OF EACH COUNTY AND LOCAL GOVERNMENT WHICH HAS 24 ANY PORTION OF ITS JURISDICTION WITHIN THE ZONE, A COPY OF THE REPRESEN- 25 TATION OF SUCH AFFECTED PORTION OF THE ZONE AND A COPY OF THE REPRESEN- 26 TATION OF THE ZONE OF THE AFFECTED PORTION OF ANY ADJACENT MUNICIPALITY. 27 THE SECRETARY OF STATE SHALL PROVIDE A COPY OF THE REPRESENTATION OF THE 28 COASTAL RISK MANAGEMENT ZONE TO EACH STATE AGENCY HAVING JURISDICTION 29 OVER PROGRAMS IDENTIFIED PURSUANT TO THIS ARTICLE AND THE REPRESENTATION 30 OF THE COASTAL RISK MANAGEMENT ZONES SHALL BE MADE AVAILABLE TO THE 31 PUBLIC ON A GOVERNMENT WEBSITE. THE SECRETARY OF STATE, ON ITS OWN 32 INITIATIVE OR ON PETITION SUBMITTED FROM ANY PERSON, MAY AMEND THE COAS- 33 TAL RISK MANAGEMENT ZONE TO CORRECT ERRORS, REFLECT NEW INFORMATION OR 34 EVENTS, OR MAKE CHANGES THAT ARE IN FURTHERANCE OF THE POLICIES AND 35 PURPOSES OF THIS ARTICLE. ALL SUCH CHANGES SHALL BE FILED WITH THE CLERK 36 OF EACH COUNTY AND LOCAL GOVERNMENT AFFECTED THEREBY. 37 S 6. The executive law is amended by adding a new section 915-a to 38 read as follows: 39 S 915-A. COASTAL RESILIENCE PLANS. 1. IT IS THE INTENTION OF THIS 40 ARTICLE TO OFFER THE FULLEST POSSIBLE SUPPORT BY THE STATE AND ITS AGEN- 41 CIES TO THOSE LOCAL GOVERNMENTS THAT DESIRE TO PROTECT THEIR COASTLINES 42 FROM COASTAL HAZARDS. ACCORDINGLY, ANY LOCAL GOVERNMENT OR TWO OR MORE 43 LOCAL GOVERNMENTS ACTING JOINTLY WHICH HAS ANY PORTION OF ITS JURISDIC- 44 TION WITHIN THE COASTAL RISK MANAGEMENT ZONE AND WHICH DESIRES TO 45 PARTICIPATE MAY SUBMIT A COASTAL RESILIENCE PLAN TO THE SECRETARY OF 46 STATE AS HEREIN PROVIDED. 47 2. THE SECRETARY OF STATE MAY PROVIDE TECHNICAL AND FINANCIAL ASSIST- 48 ANCE AS PROVIDED IN SECTIONS NINE HUNDRED SEVENTEEN AND NINE HUNDRED 49 EIGHTEEN OF THIS ARTICLE TO ANY LOCAL GOVERNMENT FOR THE PREPARATION OF 50 A WATERFRONT REVITALIZATION PROGRAM FOR THE PURPOSES OF THIS ARTICLE. 51 3. A LOCAL GOVERNMENT OR TWO OR MORE LOCAL GOVERNMENTS ACTING JOINTLY 52 WHICH INTENDS TO SUBMIT A COASTAL RESILIENCE PLAN FOR THE PURPOSES OF 53 THIS ARTICLE IS STRONGLY ENCOURAGED TO CONSULT, DURING ITS PREPARATION, 54 WITH OTHER ENTITIES THAT MAY BE AFFECTED BY ITS PROGRAM, INCLUDING LOCAL 55 GOVERNMENTS, COUNTY AND REGIONAL AGENCIES, APPROPRIATE PORT AUTHORITIES, 56 COMMUNITY BASED GROUPS AND STATE AND FEDERAL AGENCIES. ON REQUEST BY THE S. 4999 4 1 LOCAL GOVERNMENT, THE SECRETARY OF STATE SHALL TAKE APPROPRIATE ACTION 2 TO FACILITATE SUCH CONSULTATION. 3 4. THE SECRETARY OF STATE SHALL PREPARE AND DISTRIBUTE GUIDELINES AND 4 REGULATIONS FOR LOCAL GOVERNMENTS DESIRING TO PREPARE, OR CAUSE TO BE 5 PREPARED, A COASTAL RESILIENCE PLAN (HEREINAFTER REFERRED TO AS THE 6 "PLAN"). SUCH GUIDELINES SHALL PROVIDE THAT THE PLAN WILL BE CONSISTENT 7 WITH THE POLICIES AND PURPOSES OF THIS ARTICLE GENERALLY, AND SHALL 8 PROMOTE PLANS THAT IDENTIFY NON-STRUCTURAL ALTERNATIVES TO STRUCTURAL 9 MEASURES TO REDUCE VULNERABILITY IN THE COASTAL RISK MANAGEMENT ZONE 10 WHEREVER USE OF NON-STRUCTURAL MEASURES IS FEASIBLE; IDENTIFY AREAS 11 WHERE STRUCTURAL PROTECTION IS NEEDED TO PROTECT SIGNIFICANT PUBLIC 12 INVESTMENT, WATER DEPENDENT USES AND/OR CRITICAL INFRASTRUCTURE; AND 13 IDENTIFY OPPORTUNITIES TO FURTHER REDUCE VULNERABILITY THROUGH 14 NON-STRUCTURAL MEASURES IN THE RECOVERY AND RESTORATION PROCESS FOLLOW- 15 ING HIGH-INTENSITY COASTAL STORMS. 16 5. THE SECRETARY OF STATE OR HIS OR HER DESIGNEE SHALL APPROVE ANY 17 LOCAL GOVERNMENT COASTAL RESILIENCE PLAN AS ELIGIBLE FOR THE BENEFITS 18 SET FORTH IN SECTION NINE HUNDRED SIXTEEN OF THIS ARTICLE IF HE OR SHE 19 FINDS THAT SUCH PROGRAM WILL BE CONSISTENT WITH COASTAL RISK MANAGEMENT 20 POLICIES AND WILL ACHIEVE THE COASTAL RESILIENCE PURPOSES OF THIS ARTI- 21 CLE. 22 6. BEFORE APPROVING ANY SUCH COASTAL RESILIENCE PLAN, OR ANY AMEND- 23 MENTS THERETO, AS ELIGIBLE FOR THE BENEFITS OF THIS ARTICLE, THE SECRE- 24 TARY OF STATE SHALL CONSULT WITH POTENTIALLY AFFECTED STATE AND FEDERAL 25 AGENCIES; THE SECRETARY OF STATE SHALL NOT APPROVE ANY SUCH PLAN IF HE 26 OR SHE FINDS AFTER SUCH CONSULTATION THAT THERE IS A CONFLICT WITH ANY 27 STATE OR FEDERAL POLICIES. 28 7. WHERE THERE IS A CONFLICT BETWEEN A SUBMITTED COASTAL RESILIENCE 29 PLAN AND ANY STATE OR FEDERAL POLICY, AT THE REQUEST OF THE LOCAL 30 GOVERNMENT OR THE STATE OR FEDERAL AGENCY AFFECTED, THE SECRETARY OF 31 STATE SHALL ATTEMPT TO RECONCILE AND RESOLVE THE DIFFERENCES BETWEEN THE 32 SUBMITTED PLAN AND SUCH POLICIES AND SHALL MEET WITH THE LOCAL GOVERN- 33 MENT AND INVOLVED STATE AND FEDERAL AGENCIES TO THIS END. 34 8. SUBSEQUENT TO APPROVAL OF THE LOCAL PLAN BY THE SECRETARY OF STATE, 35 STATE AGENCY ACTIONS SHALL BE CONSISTENT TO THE MAXIMUM EXTENT PRACTICA- 36 BLE WITH THE LOCAL PROGRAM. PROVIDED, HOWEVER, THAT NOTHING IN THIS 37 ARTICLE SHALL BE CONSTRUED TO AUTHORIZE OR REQUIRE THE ISSUANCE OF ANY 38 PERMIT, LICENSE, CERTIFICATION, OR OTHER APPROVAL OR THE APPROVAL OF ANY 39 GRANT, LOAN OR OTHER FUNDING ASSISTANCE WHICH IS DENIED BY THE STATE 40 AGENCY HAVING JURISDICTION, PURSUANT TO OTHER PROVISIONS OF LAW OR WHICH 41 IS CONDITIONED BY SUCH AGENCY PURSUANT TO OTHER PROVISIONS OF LAW UNTIL 42 SUCH CONDITIONS ARE MET. 43 WHERE IMPLEMENTATION OF AN APPROVED LOCAL PLAN DEPENDS UPON THE AVAIL- 44 ABILITY OF OTHER THAN LOCAL FUNDS AND PROGRAM ACTIONS, THE SECRETARY OF 45 STATE SHALL MEET WITH THE INVOLVED STATE AND FEDERAL AGENCIES TO EXPLORE 46 THE POSSIBILITY OF PROGRAMMING OF SUCH ASSISTANCE IN A MANNER THAT WOULD 47 PROVIDE THE MAXIMUM PRACTICABLE ASSISTANCE TOWARD THE IMPLEMENTATION OF 48 THE LOCAL PLAN. 49 9. BEFORE UNDERTAKING ANY ACTION PURSUANT TO ANY PLANS THE AFFECTED 50 STATE AGENCY SHALL SUBMIT, THROUGH APPROPRIATE EXISTING CLEARING HOUSE 51 PROCEDURES INCLUDING BUT NOT LIMITED TO THE STATE ENVIRONMENTAL QUALITY 52 REVIEW LAW, INFORMATION ON THE PROPOSED ACTION TO LOCAL GOVERNMENT. THE 53 LOCAL GOVERNMENT SHALL IDENTIFY POTENTIAL CONFLICTS AND SO NOTIFY THE 54 SECRETARY OF STATE. UPON NOTIFICATION OF THE CONFLICT, THE SECRETARY OF 55 STATE WILL CONFER WITH THE AFFECTED STATE AGENCY AND THE LOCAL GOVERN- 56 MENT TO MODIFY THE PROPOSED ACTION TO BE CONSISTENT WITH THE LOCAL PLAN. S. 4999 5 1 10. ANY LOCAL GOVERNMENT WHICH HAS HAD A COASTAL RESILIENCE PLAN 2 APPROVED PURSUANT TO THIS SECTION MAY WITHDRAW ITS PROGRAM AT ANY TIME 3 BY FILING WITH THE SECRETARY OF STATE A COPY OF A RESOLUTION OF ITS 4 LEGISLATIVE BODY PROVIDING FOR SUCH WITHDRAWAL. UPON RECEIPT OF SUCH 5 RESOLUTION, THE SECRETARY OF STATE SHALL IMMEDIATELY NOTIFY ALL AFFECTED 6 STATE AGENCIES. 7 S 7. Subdivision 7 of section 964-b of the executive law, as added by 8 chapter 556 of the laws of 1993, is amended to read as follows: 9 7. To adopt a comprehensive management plan for the Long Island South 10 Shore Estuary Reserve which the state and local governments may imple- 11 ment. Estuary segmentation or partitioning of the estuary into spatial 12 units may be necessary at times for summarizing data for geographic 13 areas, for the development of certain scientific models, or for interim 14 management measures. The council shall prioritize problems and opportu- 15 nities within the estuary based upon use impairments, resource manage- 16 ment needs and areas experiencing intense recreational use. THE PLAN 17 SHALL CONSIDER METHODS OF ADAPTATION TO SEA LEVEL RISE AND OTHER COASTAL 18 PROCESSES, BASED ON GUIDANCE DEVELOPED BY THE DEPARTMENT OF STATE AND 19 THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND SHALL DEVELOP REGIONAL 20 POLICIES TO GUIDE ADAPTATION BY COMMUNITIES WITHIN THE RESERVE; 21 S 8. The opening paragraph of subdivision 1 of section 966 of the 22 executive law, as added by chapter 556 of the laws of 1993, is amended 23 to read as follows: 24 The purpose of the plan is to make recommendations to integrate and 25 coordinate existing programs and studies; mitigate pollution; balance 26 preservation, recreation and economic development; protect appropriate 27 existing investment; FACILITATE ADAPTATION TO COASTAL HAZARDS; and 28 protect the natural resources. The plan shall include but not be limited 29 to the following, to the extent possible, considering financial 30 resources and technological limitations: 31 S 9. Section 8-0105 of the environmental conservation law is amended 32 by adding a new subdivision 9 to read as follows: 33 9. "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF 34 COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF 35 COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS, AS 36 DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW. COASTAL 37 RISK MANAGEMENT ZONES WILL BE IDENTIFIED BY THE SECRETARY OF STATE 38 ACCORDING TO THE PURPOSES AND POLICIES IDENTIFIED IN SECTION NINE 39 HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW AND ARE AS SHOWN ON THE COASTAL 40 RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE 41 AS REQUIRED BY THE SAME ARTICLE. 42 S 10. Subdivision 2 of section 8-0109 of the environmental conserva- 43 tion law is amended by adding a new paragraph (k) to read as follows: 44 (K) REASONABLY FORESEEABLE IMPACTS ON OR FROM THE PROPOSED PROJECT OR 45 ACTION BASED ON THE RISK OF COASTAL HAZARDS, AS DEFINED IN SECTION NINE 46 HUNDRED ELEVEN OF THE EXECUTIVE LAW, THROUGHOUT THE LIFETIME OF THE 47 ACTIVITIES OR THE PHYSICAL EXISTENCE OF ANY STRUCTURE OR FACILITY THAT 48 IS CREATED OR MODIFIED IN CONNECTION WITH THE ACTION, IF SUCH PROJECT 49 WILL BE LOCATED WITHIN THE COASTAL RISK MANAGEMENT ZONE. 50 S 11. Subdivision 2 of section 8-0113 of the environmental conserva- 51 tion law, as added by chapter 612 of the laws of 1975, paragraph (b) as 52 amended and paragraphs (j), (k), and (l) as added by chapter 252 of the 53 laws of 1977, paragraph (f) as amended by chapter 641 of the laws of 54 2005, is amended to read as follows: 55 2. The rules and regulations adopted by the commissioner specifically 56 shall include: S. 4999 6 1 (a) Definition of terms used in this article; 2 (b) Criteria for determining whether or not a proposed action may have 3 a significant effect on the environment, taking into account social and 4 economic factors to be considered in determining the significance of an 5 environmental effect. THE CRITERIA FOR DETERMINING SIGNIFICANCE SHALL 6 INCORPORATE THE POTENTIALLY SIGNIFICANT ADVERSE IMPACTS RELATED TO COAS- 7 TAL HAZARDS IN THE DETERMINATION PROCESS AND GIVE SUFFICIENT WEIGHT TO 8 THE IMPORTANCE OF COASTAL RESILIENCE IN THE REVIEW PROCESS; 9 (c) Identification on the basis of such criteria of: 10 (i) Actions or classes of actions that are likely to require prepara- 11 tion of environmental impact statements; 12 (ii) Actions or classes of actions which have been determined not to 13 have a significant effect on the environment and which do not require 14 environmental impact statements under this article. In adopting the 15 rules and regulations, the commissioner shall make a finding that each 16 action or class of actions identified does not have a significant effect 17 on the environment; 18 (III) AREAS IN WHICH THE ENVIRONMENTAL IMPACT REVIEW PROCESS IS LIKELY 19 TO REQUIRE ADDITIONAL CONSIDERATIONS OF THE IMPACT FROM AS WELL AS TO 20 ENVIRONMENTAL CONDITIONS, TO INCLUDE COASTAL RISK MANAGEMENT ZONES; 21 (d) Typical associated environmental effects, and methods for assess- 22 ing such effects, of actions determined to be likely to require prepara- 23 tion of environmental impact statements; 24 (e) Categorization of actions which are or may be primarily of state- 25 wide, regional, or local concern, with provisions for technical assist- 26 ance including the preparation or review of environmental impact state- 27 ments, if requested, in connection with environmental impact review by 28 local agencies. 29 (f) Provision for the filing and circulation of draft environmental 30 impact statements pursuant to subdivision four of section 8-0109 OF THIS 31 ARTICLE, and environmental impact statements pursuant to subdivision six 32 of section 8-0109 OF THIS ARTICLE, including, in addition to any other 33 circulation and public availability requirements, making such statements 34 available free of charge to the public and government agencies on the 35 publicly-available Internet website, unless impracticable. Printed 36 filings and public notices shall clearly indicate the address of the 37 website at which such filing is posted; 38 (g) Scope, content, filing and availability of findings required to be 39 made pursuant to subdivision eight of section 8-0109 OF THIS ARTICLE; 40 (h) Form and content of and level of detail required for an environ- 41 mental impact statement, TO INCLUDE A SECTION REQUIRING AN EVALUATION OF 42 IMPACTS FROM OR TO THE PROPOSED ACTION BASED ON COASTAL HAZARDS OVER THE 43 LIFE OF THE PROJECT, STRUCTURE, OR FACILITY; and 44 (i) Procedures for obtaining comments on draft environmental impact 45 statements, holding hearings, providing public notice of agency deci- 46 sions with respect to preparation of a draft environmental statement; 47 and for such other matters as may be needed to assure effective partic- 48 ipation by the public and efficient and expeditious administration of 49 the article. 50 (j) Procedure for providing applicants with estimates, when requested, 51 of the costs expected to be charged them pursuant to subdivision seven 52 of section 8-0109 of this article. 53 (k) Appeals procedure for the settlement of disputed costs charged by 54 state agencies to applicants pursuant to subdivision seven of section 55 8-0109 of this article. Such appeal procedure shall not interfere or S. 4999 7 1 cause delay in the determination of environmental significance or 2 prohibit an action from being undertaken. 3 (l) A model assessment form to be used during the initial review to 4 assist an agency in its responsibilities under this article. 5 S 12. Section 8-0113 of the environmental conservation law is amended 6 by adding a new subdivision 5 to read as follows: 7 5. AGENCY ACTIONS LOCATED WITHIN COASTAL RISK MANAGEMENT ZONES SHALL 8 RECEIVE PARTICULAR CONSIDERATION TO DETERMINE THE SIGNIFICANCE OF THEIR 9 POTENTIAL IMPACT ON THE ENVIRONMENT. ENVIRONMENTAL IMPACT STATEMENTS FOR 10 ACTIONS PLANNED WITHIN COASTAL RISK MANAGEMENT ZONES SHALL BE REQUIRED 11 TO EVALUATE THE IMPACTS TO AND FROM COASTAL HAZARDS REGARDING THE 12 ACTION. THE VULNERABILITY OF THE PROJECT TO COASTAL HAZARDS AND AVAIL- 13 ABLE RESILIENCE EFFORTS SHALL BE EVALUATED. 14 S 13. Subdivision 1 of section 24-0301 of the environmental conserva- 15 tion law, as amended by section 37 of part D of chapter 60 of the laws 16 of 2012, is amended to read as follows: 17 1. The commissioner shall, as soon as practicable, conduct a study to 18 identify and map those individual freshwater wetlands in the state of 19 New York which shall have an area of at least twelve and four-tenths 20 acres or more, or if less than twelve and four-tenths acres, (a) have, 21 in the discretion of the commissioner unusual local importance for one 22 or more of the specific benefits set forth in subdivision seven of 23 section 24-0105 of this article OR FOR THEIR PRESENCE IN A COASTAL RISK 24 MANAGEMENT ZONE or (b) are located within the Adirondack park and meet 25 the definition of wetlands contained in subdivision sixty-eight of 26 section eight hundred two of the executive law, and shall determine 27 their characteristics. This study shall, in addition to such other data 28 as the commissioner may determine to be included, consist of the fresh- 29 water wetlands inventory of the department of environmental conserva- 30 tion, currently being made, together with other available data on fresh- 31 water wetlands, whether assisted by the state of New York under the 32 tidal wetlands act or otherwise, or assembled by federal or local 33 governmental or private agencies, all of which information shall be 34 assembled and integrated, as applicable, into a map of freshwater 35 wetlands of the state of New York. Such study may, in the discretion of 36 the commissioner, be carried out on a sectional or regional basis, as 37 indicated by need, subject to overall completion in an expeditious fash- 38 ion subject to the terms of this chapter. This map, and any orders 39 issued pursuant to the provisions of this article, shall comprise a part 40 of the statewide environmental plan as provided for in section 3-0303 of 41 this chapter. As soon as practicable the commissioner shall file with 42 the secretary of state a detailed description of the technical methods 43 and requirements to be utilized in compiling the inventory, and he shall 44 afford the public an opportunity to submit comments thereon. 45 S 14. Section 25-0102 of the environmental conservation law, as added 46 by chapter 790 of the laws of 1973, is amended to read as follows: 47 S 25-0102. Declaration of policy. 48 It is declared to be the public policy of this state to preserve and 49 protect tidal wetlands, and to prevent their despoliation and 50 destruction, giving due consideration to the OCCURRENCE OF COASTAL 51 HAZARDS THAT WILL RESULT IN WETLANDS LOSS AND MIGRATION, AND TO THE 52 reasonable economic and social development of the state. 53 S 15. Section 25-0103 of the environmental conservation law is amended 54 by adding a new subdivision 6 to read as follows: 55 6. "COASTAL RISK MANAGEMENT ZONE" SHALL MEAN AREAS AT SIGNIFICANT RISK 56 OF COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK S. 4999 8 1 OF COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS, 2 AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW. COASTAL 3 RISK MANAGEMENT ZONES WILL BE IDENTIFIED BY THE SECRETARY OF STATE 4 ACCORDING TO THE PURPOSES AND POLICIES IDENTIFIED IN SECTION NINE 5 HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW AND ARE AS SHOWN ON THE COASTAL 6 RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE 7 AS REQUIRED BY SUCH ARTICLE. 8 S 16. Section 27-0701 of the environmental conservation law is amended 9 by adding a new subdivision 5 to read as follows: 10 5. "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF 11 COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF 12 COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS, AS 13 DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW. COASTAL 14 RISK MANAGEMENT ZONES WILL BE IDENTIFIED BY THE SECRETARY OF STATE 15 ACCORDING TO THE PURPOSES AND POLICIES IDENTIFIED IN SECTION NINE 16 HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW AND ARE AS SHOWN ON THE COASTAL 17 RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE 18 AS REQUIRED BY THE SAME ARTICLE. 19 S 17. Subparagraph 4 of paragraph c of subdivision 2 of section 20 27-0707 of the environmental conservation law, as amended by chapter 70 21 of the laws of 1988, is amended and a new subparagraph 5 is added to 22 read as follows: 23 (4) the applicant has received or will receive the written opinion of 24 counsel to each [muncipality] MUNICIPALITY or public authority which has 25 entered into a contract, lease or rental agreement with the proposed 26 facility that such contract, lease or rental agreement is in compliance 27 with the applicable requirements of sections one hundred one, one 28 hundred three and one hundred twenty-w of the general municipal law. 29 (5) IN CONNECTION WITH THE SITING AND DESIGN OF SOLID WASTE FACILITIES 30 LOCATED WITHIN, OR RELYING UPON INFRASTRUCTURE LOCATED WITHIN, THE COAS- 31 TAL RISK MANAGEMENT ZONE, APPLICANT HAS FULLY CONSIDERED THE IMPACTS OF 32 COASTAL HAZARDS OVER THE LIFETIME OF THE PROJECT. 33 S 18. Paragraph a of subdivision 3 of section 27-1313 of the environ- 34 mental conservation law, as amended by chapter 857 of the laws of 1982, 35 is amended to read as follows: 36 a. Whenever the commissioner finds that hazardous wastes at an inac- 37 tive hazardous waste disposal site constitute a significant threat to 38 the environment, he may order the owner of such site and/or any person 39 responsible for the disposal of hazardous wastes at such site (i) to 40 develop an inactive hazardous waste disposal site remedial program, 41 subject to the approval of the department, at such site, and (ii) to 42 implement such program within reasonable time limits specified in the 43 order. Provided, however, that in the event the commissioner of health 44 shall issue an order pursuant to subdivision three of section one thou- 45 sand three hundred eighty-nine-b of the public health law, such order of 46 the commissioner of health shall supersede any order issued hereunder. 47 WHEN DETERMINING WHETHER HAZARDOUS WASTES AT AN INACTIVE HAZARDOUS WASTE 48 DISPOSAL SITE CONSTITUTE A SIGNIFICANT THREAT, THE COMMISSIONER SHALL 49 CONSIDER PROJECTED EFFECTS OF COASTAL HAZARDS, AS DEFINED IN SECTION 50 NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW, AND THE EFFECT OF THESE 51 HAZARDS ON THE SAFETY AND INTEGRITY OF THE SITE. 52 S 19. Paragraph (i) of subdivision 3 of section 27-1415 of the envi- 53 ronmental conservation law is amended by adding a new subparagraph 54 (xvii) to read as follows: S. 4999 9 1 (XVII) PROJECTED CHANGES IN COASTAL HAZARDS, AS DEFINED IN SECTION 2 NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW, IN CLOSE PROXIMITY TO THE 3 SITE. 4 S 20. Subdivisions 1 and 4 of section 34-0101 of the environmental 5 conservation law, as added by chapter 841 of the laws of 1981, is 6 amended to read as follows: 7 1. Certain sections of the coastline of the state of New York are 8 prone to erosion from action of the adjacent water bodies. Such erosion 9 may be caused by the action of waves, currents running along the shore, 10 tides, wind-driven water and ice as well as human activities such as 11 construction and shipping. Such areas are also prone to erosion caused 12 by the wind, runoff of rain water along the surface of the land, or 13 groundwater seepage as well as by human activities such as construction, 14 navigation and certain forms of recreation. COASTAL HAZARDS, AS DEFINED 15 IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW, MAY INCREASE THE 16 SPEED OF SUCH EROSION OR EXACERBATE ITS EFFECTS. 17 4. Programs to build erosion protective structures, either with 18 private or public funds, are costly, often only partially effective over 19 time, and may even be harmful to adjacent or nearby properties, and in 20 some sections of the state major erosion protective structures of great 21 length would be required to effectively reduce future damages due to 22 erosion. IN ADDITION, COASTAL HAZARDS, AS DEFINED IN SECTION NINE 23 HUNDRED ELEVEN OF THE EXECUTIVE LAW, OFTEN RENDER SUCH PROTECTIVE STRUC- 24 TURES INEFFECTIVE OR LESS EFFECTIVE THAN INTENDED. 25 S 21. Subdivision 1 of section 34-0102 of the environmental conserva- 26 tion law, as added by chapter 841 of the laws of 1981, is amended to 27 read as follows: 28 1. Those areas of the state's coastline most prone to erosion hazards 29 should be identified. SUCH IDENTIFICATIONS SHALL BE MADE WITH CONSIDER- 30 ATION OF THE EFFECTS OF COASTAL HAZARDS ON COASTLINE VULNERABILITY TO 31 EROSION. 32 S 22. Subdivisions 2, 3 and 8 of section 34-0103 of the environmental 33 conservation law, as added by chapter 841 of the laws of 1981, are 34 amended to read as follows: 35 2. "Coastal erosion" or "erosion" shall mean loss or displacement of 36 land along the coastline due to the action of waves, currents running 37 along the shore, tides, wind-driven water or water-borne ice or other 38 impacts of coastal storms. It shall also mean loss or displacement of 39 land along the coastline due to the action of wind, runoff of surface 40 waters, or groundwater seepage, AND LOSS OR DISPLACEMENT OF SUCH LAND 41 DUE TO COASTAL HAZARDS, AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE 42 EXECUTIVE LAW. 43 3. "Coastal erosion hazard area" or "erosion hazard area" shall mean 44 those areas of the coastline: 45 (a) Which are determined as likely to be subject to erosion within a 46 forty-year period. The inland boundary of such areas shall be determined 47 on the basis of shoreline recession analysis, SEA LEVEL RISE PROJEC- 48 TIONS, and other pertinent studies and surveys by starting at the bluff 49 edge or most landward point of active erosion and measuring along a line 50 which is normal to the line of mean high water a distance which is forty 51 times the long-term average annual rate of shoreline recession, where 52 such average annual recession rate is at least one foot; or 53 (b) Which constitute natural protective features, the alteration of 54 which might reduce or destroy the protection afforded other lands 55 against erosion, or lower the reserves of sand or other natural materi- 56 als available to replenish storm losses through natural processes. S. 4999 10 1 The erosion hazard area is to be identified as provided in section 2 34-0104 of this article and shall be the area within which new activ- 3 ities or development shall be reviewed to effectuate the policies and 4 purposes of this article to minimize damage caused by erosion to struc- 5 tures and to prevent damage to natural protective features caused by 6 activities or development, as provided for in section 34-0108 of this 7 article. 8 8. "Natural protective features" shall mean without limitation, beach- 9 es, dunes, shoals, bars, spits, barrier islands, bluffs and wetlands; 10 AREAS WITHIN COASTAL BARRIER BREACHES AND WASHOVERS AND THEIR ASSOCIATED 11 SANDY SHOALS, AS WELL AS associated natural vegetation shall also be 12 considered as part of such natural protective features. 13 S 23. Subdivision 4 of section 34-0104 of the environmental conserva- 14 tion law, as amended by chapter 556 of the laws of 1985, is amended to 15 read as follows: 16 4. The commissioner shall review the boundaries of each erosion hazard 17 area identified pursuant to this section ten years from the date of its 18 identification and every ten years thereafter. The commissioner may 19 revise erosion hazard area maps not sooner than twelve months after the 20 occurrence of a major man made or natural event or a major coastal storm 21 if he determines that topographical changes or loss of structural 22 protection at the end of such a twelve month period and as a result of 23 such event or such storm justify, pursuant to the regulations of the 24 department, adjustment of the erosion hazard area boundary by twenty- 25 five feet or more. Following such review, the commissioner shall adjust 26 the boundaries of such erosion hazard area to effect any additions, 27 deletions or technical changes, or to reflect any changes due to 28 erosion, accretion, SEA LEVEL RISE, COASTAL HAZARDS, or other natural or 29 man-made changes. The commissioner shall follow the procedures set forth 30 in subdivisions two and three of this section with respect to any lands 31 which are proposed to be added to or deleted from an erosion hazard area 32 because of an adjustment of the boundaries of such erosion hazard area 33 pursuant to this subdivision. 34 S 24. Article 71 of the environmental conservation law is amended by 35 adding a new title 34 to read as follows: 36 TITLE 34 37 ENFORCEMENT OF ARTICLE 34 38 SECTION 71-3401. APPLICABILITY OF THIS TITLE. 39 71-3402. VIOLATION; PENALTIES. 40 71-3403. ENFORCEMENT. 41 S 71-3401. APPLICABILITY OF THIS TITLE. 42 IN ADDITION TO THE PROVISIONS OF SECTIONS 71-0101 AND 71-0301, AND 43 TITLES FIVE AND FORTY OF THIS ARTICLE, THE PROVISIONS OF THIS TITLE 44 SHALL BE APPLICABLE TO THE ENFORCEMENT OF ARTICLE THIRTY-FOUR OF THIS 45 CHAPTER. 46 S 71-3402. VIOLATION; PENALTIES. 47 1. ADMINISTRATIVE SANCTIONS. A. ANY PERSON WHO VIOLATES, DISOBEYS, OR 48 DISREGARDS ANY PROVISION OF ARTICLE THIRTY-FOUR OF THIS CHAPTER SHALL BE 49 LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT LESS THAN TEN 50 THOUSAND AND NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS FOR EVERY 51 VIOLATION, TO BE ASSESSED, AFTER A HEARING OR OPPORTUNITY TO BE HEARD, 52 BY THE COMMISSIONER. EACH VIOLATION SHALL BE A SEPARATE AND DISTINCT 53 VIOLATION AND, IN THE CASE OF A CONTINUING VIOLATION, EACH DAY'S CONTIN- 54 UANCE THEREOF SHALL BE DEEMED A SEPARATE AND DISTINCT VIOLATION. THE 55 PENALTY MAY BE RECOVERED IN AN ACTION BROUGHT BY THE COMMISSIONER IN ANY 56 COURT OF COMPETENT JURISDICTION. SUCH CIVIL PENALTY MAY BE RELEASED OR S. 4999 11 1 COMPROMISED BY THE COMMISSIONER BEFORE THE MATTER HAS BEEN REFERRED TO 2 THE ATTORNEY GENERAL; AND WHERE SUCH MATTER HAS BEEN REFERRED TO THE 3 ATTORNEY GENERAL, ANY SUCH PENALTY MAY BE RELEASED OR COMPROMISED AND 4 ANY ACTION COMMENCED TO RECOVER THE SAME MAY BE SETTLED AND DISCONTINUED 5 BY THE ATTORNEY GENERAL WITH THE CONSENT OF THE COMMISSIONER. 6 B. UPON DETERMINING THAT SIGNIFICANT EROSION IS OCCURRING OR IS IMMI- 7 NENT AS A RESULT OF ANY VIOLATION OF ARTICLE THIRTY-FOUR OF THIS CHAP- 8 TER, THE COMMISSIONER SHALL HAVE POWER TO DIRECT THE VIOLATOR TO CEASE 9 AND DESIST FROM VIOLATING THE ACT. IN SUCH CASES THE VIOLATOR SHALL BE 10 PROVIDED AN OPPORTUNITY TO BE HEARD WITHIN TEN DAYS OF RECEIPT OF THE 11 NOTICE TO CEASE AND DESIST. 12 C. FOLLOWING A HEARING HELD PURSUANT TO SECTION 71-1709 OF THIS ARTI- 13 CLE, THE COMMISSIONER SHALL HAVE POWER TO DIRECT THE VIOLATOR TO CEASE 14 AND DESIST FROM VIOLATING THE ACT AND TO RESTORE THE AFFECTED COASTAL 15 AREA TO ITS CONDITION PRIOR TO THE VIOLATION, INSOFAR AS THAT IS POSSI- 16 BLE WITHIN A REASONABLE TIME AND UNDER THE SUPERVISION OF THE COMMIS- 17 SIONER. ANY ORDER OF THE COMMISSIONER SHALL BE ENFORCEABLE IN AN ACTION 18 BROUGHT BY THE COMMISSIONER IN ANY COURT OF COMPETENT JURISDICTION. ANY 19 CIVIL PENALTY OR ORDER ISSUED BY THE COMMISSIONER UNDER THIS SUBDIVISION 20 SHALL BE REVIEWABLE IN A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE 21 CIVIL PRACTICE LAW AND RULES. 22 2. THE PROCEEDS OF ANY PENALTY OR FINE ASSESSED UNDER THIS SECTION 23 SHALL BE DEPOSITED IN A FUND TO ASSIST LOCAL GOVERNMENTS IN IMPLEMENTING 24 COASTAL RESILIENCE PLANS, AS DESCRIBED IN SECTION NINE HUNDRED FIFTEEN-A 25 OF THE EXECUTIVE LAW. 26 S 71-3403. ENFORCEMENT. 27 1. THE ATTORNEY GENERAL, ON HIS OWN INITIATIVE OR AT THE REQUEST OF 28 THE COMMISSIONER, SHALL PROSECUTE PERSONS WHO VIOLATE ARTICLE 29 THIRTY-FOUR OF THIS CHAPTER. IN ADDITION, THE ATTORNEY GENERAL, ON HIS 30 OWN INITIATIVE OR AT THE REQUEST OF THE COMMISSIONER, SHALL HAVE THE 31 RIGHT TO RECOVER A CIVIL PENALTY OF NOT LESS THAN TEN THOUSAND AND NOT 32 MORE THAN TWENTY-FIVE THOUSAND DOLLARS FOR EVERY VIOLATION OF ANY 33 PROVISION OF SUCH ARTICLE, AND TO SEEK EQUITABLE RELIEF TO RESTRAIN ANY 34 VIOLATION OR THREATENED VIOLATION OF SUCH ARTICLE AND TO REQUIRE THE 35 RESTORATION OF ANY AFFECTED COASTLINE WITHIN THE COASTAL RISK MANAGEMENT 36 ZONE, AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW, TO 37 ITS CONDITION PRIOR TO THE VIOLATION, INSOFAR AS THAT IS POSSIBLE, WITH- 38 IN A REASONABLE TIME AND UNDER THE SUPERVISION OF THE COMMISSIONER. IN 39 THE CASE OF A CONTINUING VIOLATION, EACH DAY'S CONTINUANCE THEREOF SHALL 40 BE DEEMED A SEPARATE AND DISTINCT VIOLATION. 41 2. THE COMMISSIONER HAS THE AUTHORITY TO REVERSE OR VETO ANY LOCAL 42 ACTIONS OR DECISIONS WHICH ARE INCONSISTENT WITH THE PURPOSES AND POLI- 43 CIES OF ARTICLE THIRTY-FOUR OF THIS CHAPTER. 44 S 25. The department of environmental conservation is directed to 45 conform its regulations in title 6 of the New York state Codes, Rules 46 and Regulations to apply the polices, definitions, and amendments to the 47 environmental conservation law contained in this act. 48 S 26. Subdivision 2 of section 7-722 of the village law is amended by 49 adding two new paragraphs (d) and (e) to read as follows: 50 (D) "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF 51 COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF 52 COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS, AS 53 DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW. COASTAL 54 RISK MANAGEMENT ZONES WILL BE IDENTIFIED BY THE SECRETARY OF STATE 55 ACCORDING TO THE PURPOSES AND POLICIES IDENTIFIED IN SECTION NINE 56 HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW, AND ARE AS SHOWN ON THE COASTAL S. 4999 12 1 RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE 2 AS REQUIRED IN SUCH SECTION. 3 (E) "COASTAL HAZARDS" MEANS THE RANGE OF ENVIRONMENTAL PROCESSES AND 4 EVENTS THAT MAY AFFECT COASTLINES OR HUMAN ACTIVITY NEAR COASTLINES, AND 5 IT INCLUDES BUT IS NOT LIMITED TO SEA LEVEL RISE, RISING GROUNDWATER, 6 COASTAL FLOODING, STORM SURGE, COASTAL STORMS, OR SALTWATER INTRUSION, 7 AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW. 8 S 27. Subdivision 3 of section 7-722 of the village law is amended by 9 adding three new paragraphs (p), (q) and (r) to read as follows: 10 (P) CONSIDERATION OF THE EFFECTS OF COASTAL HAZARDS ON ANY ASPECTS OF 11 THE PLAN, IF ANY PART OF THE VILLAGE IS LOCATED WITHIN THE COASTAL RISK 12 MANAGEMENT ZONE. 13 (Q) INCLUSION WHERE PRACTICABLE OF BUFFER AREAS AND OTHER COASTAL 14 PROTECTION STRATEGIES IN THE ZONING OF WATERFRONT AREAS OR THE DEVELOP- 15 MENT OF WATERFRONT REVITALIZATION PLANS, IN ORDER TO REDUCE RISK TO 16 NATURAL RESOURCES AND ENSURE THAT ALL NEW CONSTRUCTION AND/OR INFRAS- 17 TRUCTURE IS CONSISTENT WITH THE REDUCTION OF FLOOD RISK AND OF VULNER- 18 ABILITY TO COASTAL HAZARDS IN THE COASTAL RISK MANAGEMENT ZONE. 19 (R) DEVELOPMENT OF COASTAL RESILIENCE PLANS BY COMMUNITIES WITHIN THE 20 COASTAL RISK MANAGEMENT ZONE. SUCH PLANS SHALL ADVISE COMMUNITIES ON 21 POST-STORM RECOVERY MECHANISMS, REDEVELOPMENT, AND RECOGNITION OF LONG- 22 TERM RISKS CREATED BY HIGH-INTENSITY STORMS. SUCH PLANS SHALL BE BASED 23 ON TRENDS IN HIGH-INTENSITY WEATHER AND THE EFFECT OF COASTAL PROCESSES 24 ON FUTURE WEATHER CONDITIONS. 25 S 28. Subdivision 2 of section 272-a of the town law is amended by 26 adding two new paragraphs (d) and (e) to read as follows: 27 (D) "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF 28 COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF 29 COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS, AS 30 DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW. COASTAL 31 RISK MANAGEMENT ZONES WILL BE IDENTIFIED BY THE SECRETARY OF STATE 32 ACCORDING TO THE PURPOSES AND POLICIES IDENTIFIED IN SECTION NINE 33 HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW, AND ARE AS SHOWN ON THE COASTAL 34 RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE 35 AS REQUIRED IN SUCH SECTION NINE HUNDRED FOURTEEN-A. 36 (E) "COASTAL HAZARDS" MEANS THE RANGE OF ENVIRONMENTAL PROCESSES AND 37 EVENTS THAT MAY AFFECT COASTLINES OR HUMAN ACTIVITY NEAR COASTLINES, AND 38 IT INCLUDES BUT IS NOT LIMITED TO SEA LEVEL RISE, RISING GROUNDWATER, 39 COASTAL FLOODING, STORM SURGE, COASTAL STORMS, OR SALTWATER INTRUSION, 40 AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW. 41 S 29. Subdivision 3 of section 272-a of the town law is amended by 42 adding three new paragraphs (p), (q) and (r) to read as follows: 43 (P) CONSIDERATION OF THE EFFECTS OF COASTAL HAZARDS ON ANY ASPECTS OF 44 THE PLAN, IF ANY PART OF THE TOWN IS LOCATED WITHIN THE COASTAL RISK 45 MANAGEMENT ZONE. 46 (Q) INCLUSION WHERE PRACTICABLE OF BUFFER AREAS AND OTHER COASTAL 47 PROTECTION STRATEGIES IN THE ZONING OF WATERFRONT AREAS OR THE DEVELOP- 48 MENT OF WATERFRONT REVITALIZATION PLANS, IN ORDER TO REDUCE RISK TO 49 NATURAL RESOURCES AND ENSURE THAT ALL NEW CONSTRUCTION AND/OR INFRAS- 50 TRUCTURE IS CONSISTENT WITH THE REDUCTION OF FLOOD RISK AND OF VULNER- 51 ABILITY TO COASTAL HAZARDS IN THE COASTAL RISK MANAGEMENT ZONE. 52 (R) DEVELOPMENT OF COASTAL RESILIENCE PLANS BY COMMUNITIES WITHIN THE 53 COASTAL RISK MANAGEMENT ZONE. SUCH PLANS SHALL ADVISE COMMUNITIES ON 54 POST-STORM RECOVERY MECHANISMS, REDEVELOPMENT, AND RECOGNITION OF LONG- 55 TERM RISKS CREATED BY HIGH-INTENSITY STORMS. SUCH PLANS SHALL BE BASED S. 4999 13 1 ON TRENDS IN HIGH-INTENSITY WEATHER AND THE EFFECT OF COASTAL PROCESSES 2 ON FUTURE WEATHER CONDITIONS. 3 S 30. Subdivision 3 of section 28-a of the general city law is amended 4 by adding two new paragraphs (d) and (e) to read as follows: 5 (D) "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF 6 COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF 7 COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS, AS 8 DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW. COASTAL 9 RISK MANAGEMENT ZONES WILL BE IDENTIFIED BY THE SECRETARY OF STATE 10 ACCORDING TO THE PURPOSES AND POLICIES IDENTIFIED IN SECTION NINE 11 HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW, AND ARE AS SHOWN ON THE COASTAL 12 RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE 13 AS REQUIRED IN SUCH SECTION NINE HUNDRED FOURTEEN-A. 14 (E) "COASTAL HAZARDS" MEANS THE RANGE OF ENVIRONMENTAL PROCESSES AND 15 EVENTS THAT MAY AFFECT COASTLINES OR HUMAN ACTIVITY NEAR COASTLINES, AND 16 IT INCLUDES BUT IS NOT LIMITED TO SEA LEVEL RISE, RISING GROUNDWATER, 17 COASTAL FLOODING, STORM SURGE, COASTAL STORMS, OR SALTWATER INTRUSION, 18 AS DEFINED IN SECTION HUNDRED HUNDRED ELEVEN OF THE EXECUTIVE LAW. 19 S 31. Subdivision 4 of section 28-a of the general city law is amended 20 by adding three new paragraphs (p), (q) and (r) to read as follows: 21 (P) CONSIDERATION OF THE EFFECTS OF COASTAL HAZARDS ON ANY ASPECTS OF 22 THE PLAN, IF ANY PART OF THE CITY IS LOCATED WITHIN THE COASTAL RISK 23 MANAGEMENT ZONE. 24 (Q) INCLUSION WHERE PRACTICABLE OF BUFFER AREAS AND OTHER COASTAL 25 PROTECTION STRATEGIES IN THE ZONING OF WATERFRONT AREAS OR THE DEVELOP- 26 MENT OF WATERFRONT REVITALIZATION PLANS, IN ORDER TO REDUCE RISK TO 27 NATURAL RESOURCES AND ENSURE THAT ALL NEW CONSTRUCTION AND/OR INFRAS- 28 TRUCTURE IS CONSISTENT WITH THE REDUCTION OF FLOOD RISK AND OF VULNER- 29 ABILITY TO COASTAL HAZARDS IN THE COASTAL RISK MANAGEMENT ZONE. 30 (R) DEVELOPMENT OF COASTAL RESILIENCE PLANS BY COMMUNITIES WITHIN THE 31 COASTAL RISK MANAGEMENT ZONE. SUCH PLANS SHALL ADVISE COMMUNITIES ON 32 POST-STORM RECOVERY MECHANISMS, REDEVELOPMENT, AND RECOGNITION OF LONG- 33 TERM RISKS CREATED BY HIGH-INTENSITY STORMS. SUCH PLANS SHALL BE BASED 34 ON TRENDS IN HIGH-INTENSITY WEATHER AND THE EFFECT OF COASTAL PROCESSES 35 ON FUTURE WEATHER CONDITIONS. 36 S 32. Section 66 of the public service law is amended by adding a new 37 subdivision 29 to read as follows: 38 29. REQUIRE EVERY UTILITY CORPORATION WITHIN ITS JURISDICTION TO 39 SUBMIT HAZARD MITIGATION PLANS AND EMERGENCY RESPONSE PLANS TO THE 40 COMMISSION FOR REVIEW AND APPROVAL AT SUCH TIMES AND IN SUCH DETAIL AND 41 FORM AS THE COMMISSION SHALL REQUIRE, PROVIDED, HOWEVER, THAT THE SAME 42 SHALL BE FILED AT LEAST ANNUALLY AND SHALL CONTAIN, AT A MINIMUM: 43 (A) AN ASSESSMENT OF THE VULNERABILITY OF CORPORATION INFRASTRUCTURE, 44 INCLUDING BUT NOT LIMITED TO BUILDINGS, PIPES, WIRES, CONDUITS OR DUCTS, 45 TO COASTAL HAZARDS AND OTHER REASONABLY FORESEEABLE EXTREME WEATHER 46 EVENTS, AND IDENTIFICATION OF THE INFRASTRUCTURE MOST AT RISK, TO 47 INCLUDE AN IDENTIFICATION OF INFRASTRUCTURE LOCATED WITHIN THE COASTAL 48 RISK MANAGEMENT ZONE, AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE 49 EXECUTIVE LAW; 50 (B) AN EVALUATION OF SHORT-TERM AND LONG-TERM RESILIENCE STRATEGIES TO 51 PROTECT THAT INFRASTRUCTURE TO ENSURE THE SAFE AND RELIABLE PROVISION OF 52 UTILITIES, TO INCLUDE LONG-TERM INVESTMENT DECISIONS ON THE PLACEMENT 53 AND DESIGN OF INFRASTRUCTURE; 54 (C) EMERGENCY RESPONSE PLANS FOCUSED ON IMMEDIATE PREPARATION FOR AND 55 RESPONSE TO STORMS AND OTHER EXTREME WEATHER EVENTS. S. 4999 14 1 ONCE REVIEWED AND APPROVED BY THE COMMISSION, SUCH PLANS SHALL BE MADE 2 AVAILABLE TO THE PUBLIC. 3 S 33. Subdivision 2 of section 6-0107 of the environmental conserva- 4 tion law is amended by adding a new paragraph l to read as follows: 5 L. TO PROMOTE RESILIENCE TO COASTAL HAZARDS, EXTREME WEATHER EVENTS, 6 AND OTHER NATURAL DISASTERS BY STRENGTHENING EXISTING AND CREATING NEW 7 COMMUNITIES DESIGNED TO WITHSTAND REASONABLY FORESEEABLE ENVIRONMENTAL 8 THREATS, WITH PARTICULAR ATTENTION FOR THOSE LOCATED ALONG COASTLINES 9 AND IN OR IMMEDIATELY ADJACENT TO COASTAL RISK MANAGEMENT ZONES. 10 S 34. Severability. The provisions of this article shall be severa- 11 ble, and if any clause, sentence, paragraph, subdivision or part of this 12 article shall be adjudged by any court of competent jurisdiction to be 13 invalid, such judgment shall not affect, impair or invalidate the 14 remainder thereof, but shall be confined in its operation to the clause, 15 sentence, paragraph, subdivision or part thereof directly involved in 16 the controversy in which such judgment shall have been rendered. 17 S 35. This act shall take effect immediately; provided, however, that 18 the Long Island South Shore Estuary Reserve council shall take into 19 consideration in its next biannual reviews the amendments made to subdi- 20 vision 7 of section 964-b of the executive law by section seven of this 21 act; provided, further, that the addition, amendment and/or repeal of 22 any rule or regulation necessary for the implementation of this act on 23 its effective date is authorized and directed to be made and completed 24 on or before such effective date.