Bill Text: NY S05186 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires the department of environmental conservation to authorize and encourage the use of nature-based solutions as the preferred alternative for stabilizing tidal shorelines in the state; provides such solutions should be considered when promulgating and implementing rules and regulations relating to such.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2023-09-22 - SIGNED CHAP.487 [S05186 Detail]

Download: New_York-2023-S05186-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5186

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 27, 2023
                                       ___________

        Introduced  by  Sens.  MAYER,  GOUNARDES,  MAY,  RAMOS -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Environmental Conservation

        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          requiring the department of environmental  conservation  to  implement
          permit regulations and guidance regarding shoreline management

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Section 1-0303 of the environmental  conservation  law  is
     2  amended by adding a new subdivision 26 to read as follows:
     3    26.  "Nature-based  solution"  shall  mean  a project that utilizes or
     4  mimics nature or natural processes and functions and that may also offer
     5  environmental, economic, and social benefits, while  increasing  resili-
     6  ence.  Nature-based solutions include both green and natural infrastruc-
     7  ture.
     8    § 2. Section 3-0301 of the environmental conservation law  is  amended
     9  by adding a new subdivision 2-a to read as follows:
    10    2-a. (a) To further assist in carrying out the policy of this state as
    11  provided  in  section  1-0101  of  this  chapter, the department, by and
    12  through the commissioner shall:
    13    (i) authorize and encourage the use of nature-based solutions  as  the
    14  preferred alternative for stabilizing tidal shorelines in the state when
    15  promulgating  and  implementing  rules and regulations relating thereto,
    16  specifically including, but not limited to, those promulgated and imple-
    17  mented for articles fifteen, twenty-five and thirty-four of  this  chap-
    18  ter.  The  department shall consult with the United States army corps of
    19  engineers to ensure the minimization of conflicts with federal  law  and
    20  regulation.
    21    (ii)  continue  developing  integrated  guidance for the management of
    22  tidal shoreline systems to provide a technical  basis  for  the  coordi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05011-02-3
        S. 5186                             2

     1  nation  of permit decisions required by any regulatory entity exercising
     2  authority over a shoreline management project. Such guidance shall:
     3    (1)  communicate to stakeholders and regulatory authorities that it is
     4  the policy of the state that some shorelines shall remain natural unless
     5  stabilization is necessary, and when stabilization is deemed  necessary,
     6  it shall support nature-based solutions as the preferred alternative for
     7  stabilizing tidal shorelines;
     8    (2)  identify preferred shoreline management approaches for the shore-
     9  line and community types found in the state;
    10    (3) explain the risks and benefits of protection provided  by  various
    11  shoreline system elements associated with each management option; and
    12    (4)  recommend  procedures  to achieve efficiency and effectiveness by
    13  the various regulatory entities exercising authority  over  a  shoreline
    14  management project.
    15    (iii) approve a permit for shoreline management that is a nature-based
    16  solution,  unless an alternative analysis containing a review of nature-
    17  based solutions that have been evaluated using the best available infor-
    18  mation shows that such approaches are not suitable. If the  best  avail-
    19  able   information  shows  that  a  nature-based  solution  approach  is
    20  unsuitable or inconsistent with  land-use  regulations,  the  department
    21  shall require the applicant to incorporate, to the maximum extent possi-
    22  ble,  elements of a nature-based solution that are suitable into permit-
    23  ted projects.
    24    (b) (i) For the purposes of this subdivision, "nature-based  solution"
    25  shall  have  the  same  meaning  as defined in subdivision twenty-six of
    26  section 1-0303 of this chapter and shall  specifically  mean  techniques
    27  applied  within  the  tidal zone that incorporate natural, native living
    28  features.
    29    (ii) When considering a nature-based solution  the  department  should
    30  prioritize techniques, including but not limited to those that:
    31    (1)  control  or  reduce  shoreline erosion while maintaining benefits
    32  comparable to the natural  shoreline  including,  but  not  limited  to,
    33  allowing for natural sediment movement;
    34    (2)  improve,  restore,  or maintain the connection between the upland
    35  and water habitats; and
    36    (3) incorporate habitat enhancement and  natural  elements,  including
    37  but  not  limited  to native re-vegetation or establishment of new vege-
    38  tation consistent with a natural shoreline typical of the  current  site
    39  location either:
    40    (A) under current conditions, or
    41    (B)  as  adjusted  for science-based state sea-level rise projections,
    42  utilizing the appropriate projection scenario at a time interval  appro-
    43  priate  for  the  anticipated  lifespan of the project but not less than
    44  twenty years after  the  anticipated  project  completion,  pursuant  to
    45  section 3-0319 of this title for such location.
    46    § 3. This act shall take effect immediately.