Bill Text: NY S06617 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to future climate risk and/or sea level rise projections and other weather-related data.
Spectrum: Moderate Partisan Bill (Democrat 24-6)
Status: (Passed) 2014-09-22 - SIGNED CHAP.355 [S06617 Detail]
Download: New_York-2013-S06617-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6617--A
I N S E N A T E
February 14, 2014
___________
Introduced by Sens. SAVINO, HOYLMAN, LANZA, LATIMER, TKACZYK -- read
twice and ordered printed, and when printed to be committed to the
Committee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, the agriculture and
markets law and the public health law, in relation to the consider-
ation of future climate risk including sea level rise projections and
other weather-related data; and in relation to requiring the prepara-
tion of model local zoning laws relating to climate risk
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known as and may be cited as the "commu-
2 nity risk and resiliency act".
3 S 2. Subdivision 2 of section 6-0107 of the environmental conservation
4 law is amended by adding a new paragraph k to read as follows:
5 K. TO MITIGATE FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE, STORM
6 SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD
7 OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF
8 APPLICABLE.
9 S 3. Item (e) of subparagraph (ii) of paragraph d of subdivision 1 of
10 section 17-1909 of the environmental conservation law, as added by chap-
11 ter 565 of the laws of 1989, is amended to read as follows:
12 (e) conforms with applicable rules and regulations of the department,
13 INCLUDING A DEMONSTRATION THAT DESIGN AND CONSTRUCTION CONSIDER FUTURE
14 CLIMATE RISK INCLUDING SEA LEVEL RISE, STORM SURGES AND FLOODING, BASED
15 ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER
16 EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE.
17 S 4. Paragraphs g and h of subdivision 2 of section 27-1103 of the
18 environmental conservation law, as amended by chapter 618 of the laws of
19 1987, are amended and a new paragraph i is added to read as follows:
20 g. The impact on the municipality where the facility is to be cited in
21 terms of health, safety, cost and consistency with local planning,
22 zoning or land use laws and ordinances, [and]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10228-12-4
S. 6617--A 2
1 h. The nature of the probable environmental impact, including specifi-
2 cation of the predictable adverse effects on the natural environment and
3 ecology, public health and safety, scenic, historic, cultural and recre-
4 ational value, water and air quality, wildlife and an evaluation of
5 measures to mitigate adverse effects[.], AND
6 I. THE FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE, STORM SURGES AND
7 FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE
8 EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICA-
9 BLE.
10 S 5. Subdivision 1 of section 40-0113 of the environmental conserva-
11 tion law is amended by adding a new paragraph i to read as follows:
12 I. REQUIREMENTS FOR CONSIDERATION OF FUTURE CLIMATE RISK INCLUDING SEA
13 LEVEL RISE, STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICT-
14 ING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD
15 RISK ANALYSIS DATA IF APPLICABLE.
16 S 6. Subdivision 3 of section 49-0203 of the environmental conserva-
17 tion law is renumbered subdivision 4 and a new subdivision 3 is added to
18 read as follows:
19 3. THE DEPARTMENT AND THE OFFICE SHALL CONSIDER FUTURE CLIMATE RISK
20 INCLUDING SEA LEVEL RISE, STORM SURGES AND FLOODING, BASED ON AVAILABLE
21 DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUD-
22 ING HAZARD RISK ANALYSIS DATA IF APPLICABLE.
23 S 7. Paragraph a of subdivision 2 of section 54-0303 of the environ-
24 mental conservation law, as added by chapter 610 of the laws of 1993 and
25 as designated by chapter 170 of the laws of 1994, is amended to read as
26 follows:
27 a. The commissioner of the office of parks, recreation and historic
28 preservation may enter into an agreement for the maintenance and opera-
29 tion of open space land conservation projects in urban areas or metro-
30 politan park projects by a municipality, or a not-for-profit corporation
31 or unincorporated association which demonstrates to the commissioner's
32 satisfaction that [it] THE FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE,
33 STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKE-
34 LIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS
35 DATA IF APPLICABLE, HAS BEEN CONSIDERED AND THE MUNICIPALITY is finan-
36 cially or otherwise capable of operating and maintaining the project for
37 the benefit of the public and of maximizing public access to such
38 project. Any such agreement shall contain such provisions as shall be
39 necessary to ensure that its operation and maintenance are consistent
40 with and in furtherance of this article and shall be subject to the
41 approval of the director of the budget, the comptroller and, as to form,
42 the attorney general.
43 S 8. Subdivision 3 of section 54-0503 of the environmental conserva-
44 tion law, as added by chapter 610 of the laws of 1993, is amended to
45 read as follows:
46 3. A closure investigation report which complies with the requirements
47 of applicable regulations of the department, INCLUDING A DEMONSTRATION
48 THAT FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE, STORM SURGES AND
49 FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE
50 EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICA-
51 BLE, HAS BEEN CONSIDERED, shall have been submitted.
52 S 9. Section 54-0504 of the environmental conservation law, as added
53 by section 4 of part L of chapter 59 of the laws of 2005, is amended to
54 read as follows:
55 S 54-0504. Eligibility to receive state assistance payments for munici-
56 pal landfill gas management projects.
S. 6617--A 3
1 Any municipality which is the owner or operator of a landfill may
2 apply for state assistance payments toward the cost of a municipal land-
3 fill gas management project. Any application for a municipal landfill
4 gas management project must comply with all applicable rules and regu-
5 lations promulgated by the department, INCLUDING A DEMONSTRATION THAT
6 FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE, STORM SURGES AND FLOODING,
7 BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME
8 WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE, HAS
9 BEEN CONSIDERED.
10 S 10. Subdivisions 1 and 5 of section 54-1101 of the environmental
11 conservation law, as amended by chapter 309 of the laws of 1996, are
12 amended to read as follows:
13 1. The secretary is authorized to provide on a competitive basis,
14 within amounts appropriated, state assistance payments to municipalities
15 toward the cost of any local waterfront revitalization program, INCLUD-
16 ING PLANNING PROJECTS TO MITIGATE FUTURE CLIMATE RISKS. Eligible costs
17 include planning, studies, preparation of local laws, and construction
18 projects.
19 5. The secretary shall impose such contractual requirements and condi-
20 tions upon any municipality which receives state assistance payments
21 pursuant to this article as may be necessary and appropriate to ensure
22 that a public benefit shall accrue from the use of such funds by the
23 municipality INCLUDING BUT NOT LIMITED TO, A DEMONSTRATION THAT FUTURE
24 CLIMATE RISK INCLUDING SEA LEVEL RISE, STORM SURGES AND FLOODING, BASED
25 ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER
26 EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE, HAS BEEN
27 CONSIDERED.
28 S 11. Subdivision 1 of section 54-1105 of the environmental conserva-
29 tion law, as added by chapter 610 of the laws of 1993, is amended to
30 read as follows:
31 1. The commissioner is authorized to provide on a competitive basis,
32 within amounts appropriated, state assistance payments to a municipality
33 or a not-for-profit corporation toward the cost of any coastal rehabili-
34 tation project approved by the commissioner PROVIDED THAT THE COMMIS-
35 SIONER DETERMINES THAT FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE,
36 STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKE-
37 LIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS
38 DATA IF APPLICABLE, HAS BEEN CONSIDERED.
39 S 12. Subdivision 2 of section 325 of the agriculture and markets law
40 is amended by adding a new paragraph (f) to read as follows:
41 (F) IN EVALUATING APPLICATIONS FOR FUNDING, THE COMMISSIONER SHALL
42 CONSIDER WHETHER FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE, STORM
43 SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD
44 OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF
45 APPLICABLE, HAS BEEN CONSIDERED.
46 S 13. Section 1161 of the public health law, as added by chapter 413
47 of the laws of 1996, is amended to read as follows:
48 S 1161. Eligible projects; priority ranking. Subject to the
49 provisions of section thirty-two of the chapter of the laws of 1996
50 which added this section, in consultation with the commissioner of envi-
51 ronmental conservation, the commissioner shall establish and maintain a
52 list of potentially eligible projects and shall establish, pursuant to
53 rules and regulations, a process for listing potentially eligible
54 projects identified by potential recipients and a priority ranking
55 system for the purpose of providing financial assistance to recipients
56 for such projects under this title. In establishing such system, the
S. 6617--A 4
1 commissioner shall take into account the public health significance of
2 such potentially eligible projects which shall include, but need not be
3 limited to, an assessment of (i) public health and safety; (ii) popu-
4 lation affected; (iii) attainment of state drinking water quality goals
5 and standards; (iv) taking into consideration the water resources
6 management strategy pursuant to title twenty-nine of article fifteen of
7 the environmental conservation law; (V) TAKING INTO CONSIDERATION FUTURE
8 CLIMATE RISK INCLUDING SEA LEVEL RISE, STORM SURGES AND FLOODING, BASED
9 ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER
10 EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE; and [(v)]
11 (VI) compliance with state and federal law, rules and regulations.
12 S 14. The department of state, in cooperation with the department of
13 environmental conservation, shall prepare model local laws that include
14 consideration of climate risk including sea level rise, storm surges and
15 flooding, based on available data predicting the likelihood of future
16 extreme weather events including hazard risk analysis and shall make
17 such laws available to municipalities.
18 S 15. Major permits for the regulatory programs of paragraphs (f),
19 (h), (i), (j), (k) and (m) of subdivision 3 of section 70-0107 of the
20 environmental conservation law and article 23, article 40 and title 10
21 of article 17 of the environmental conservation law shall require appli-
22 cants to demonstrate that future climate risk including sea level rise,
23 storm surges and flooding, based on available data predicting the like-
24 lihood of future extreme weather events, including hazard risk analysis
25 data if applicable, has been considered.
26 S 16. The department of environmental conservation, in consultation
27 with the department of state, shall prepare guidance on the implementa-
28 tion of this act, including but not limited to available and relevant
29 data sets and risk analysis tools. In addition, the department of envi-
30 ronmental conservation and the department of state shall develop addi-
31 tional guidance on the use of resiliency measures that utilize natural
32 resources and natural processes to reduce risk.
33 S 17. The environmental conservation law is amended by adding a new
34 article 58 to read as follows:
35 ARTICLE 58
36 SEA LEVEL RISE PROJECTIONS
37 SECTION 58-0101. SEA LEVEL RISE PROJECTIONS.
38 S 58-0101. SEA LEVEL RISE PROJECTIONS.
39 THE DEPARTMENT SHALL, NO LATER THAN JANUARY FIRST, TWO THOUSAND
40 SIXTEEN, ADOPT REGULATIONS ESTABLISHING SCIENCE-BASED STATE SEA LEVEL
41 RISE PROJECTIONS. IN ADOPTING SUCH REGULATIONS, THE DEPARTMENT SHALL
42 CONSIDER INFORMATION INCLUDING, BUT NOT LIMITED TO, THE NATIONAL OCEANIC
43 ATMOSPHERIC ADMINISTRATION, AND THE SEA LEVEL RISE TASK FORCE REPORT
44 CREATED PURSUANT TO CHAPTER SIX HUNDRED THIRTEEN OF THE LAWS OF TWO
45 THOUSAND SEVEN. THE DEPARTMENT SHALL UPDATE SUCH REGULATIONS NO LESS
46 THAN BIENNIALLY.
47 S 18. This act shall take effect on the one hundred eightieth day
48 after it shall have become a law and shall apply to all applications
49 and/or permits received after such date.
