Bill Text: NY S06927 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes a commission to be known as the "New York seawall study commission" which will study the feasibility, costs, impacts, and best locations for construction of a seawall or sea gate being created to protect the city of New York from sea level rise and storm surge along the entire coastline.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-19 - SUBSTITUTED BY A8686A [S06927 Detail]

Download: New_York-2017-S06927-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6927
                               2017-2018 Regular Sessions
                    IN SENATE
                                    October 23, 2017
                                       ___________
        Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to establish a commission to be  known  as  the  "New  York  city
          seawall study commission"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. For the purposes of this act,  the  following  terms  shall
     2  have the following meanings:
     3    1.  "Coastline"  and  "coastal  areas" means the coastline and coastal
     4  areas of New York city;
     5    2. "Coastal hazards" means the range of  environmental  processes  and
     6  events that may affect coastlines or human activity near coastlines, and
     7  it  includes  but  is not limited to sea level rise, rising groundwater,
     8  coastal flooding, storm surge, coastal storms, or  saltwater  intrusion;
     9  and
    10    3.  "Sea  level rise" means the mean increase in sea level relative to
    11  shoreline, calculated yearly, on the coastline.
    12    § 2. There is hereby established a commission to be known as the  "New
    13  York city seawall study commission", hereinafter referred to in this act
    14  as the "commission".
    15    § 3. 1. The commission shall:
    16    (a) be composed of 13 members appointed in accordance with subdivision
    17  two of this section; and
    18    (b)  conduct  its  business  in accordance with the provisions of this
    19  section.
    20    2. The members shall be appointed for the life of  the  commission  as
    21  follows:
    22    (a) 3 shall be appointed by the temporary president of the senate;
    23    (b) 1 shall be appointed by the minority leader of the senate;
    24    (c) 3 shall be appointed by the speaker of the assembly;
    25    (d) 1 shall be appointed by the minority leader of the assembly; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13492-01-7

        S. 6927                             2
     1    (e) 5 shall be appointed by the governor.
     2    3.  The  members of the commission shall be individuals who have know-
     3  ledge or expertise, whether by experience or training, in matters to  be
     4  studied  by  the commission under subdivision seven of this section. The
     5  members may be from the public sector, who may include  federal,  state,
     6  or local officers or employees, members of academia, nonprofit organiza-
     7  tions,  or  other  interested  individuals  or  the  private sector. The
     8  members shall include at least 5 members  of  the  scientific  community
     9  whose  expertise is in the matters to be studied by the commission under
    10  subdivision seven of this  section  including  engineers  and  pertinent
    11  scientists.
    12    4.  The  temporary president of the senate, the minority leader of the
    13  senate, the speaker of the assembly, the minority leader of the assembly
    14  and the governor shall consult among themselves prior to the appointment
    15  of the members of the commission in order to  achieve,  to  the  maximum
    16  extent  possible, fair and equitable representation of various points of
    17  view with respect to the matters to be studied by the  commission  under
    18  subdivision  seven  of  this section. After such consultation each shall
    19  make his or her respective appointment not later than 45 days after  the
    20  effective  date  of this act. Any vacancy that occurs during the life of
    21  the commission shall not affect the powers of the commission  and  shall
    22  be  filled in the same manner as the original appointment not later than
    23  45 days after the vacancy occurs.
    24    5. The initial meeting of the commission shall be conducted not  later
    25  than 30 days after the appointment of the last member of the commission.
    26  The first act of the commission shall be to select by consensus a chair-
    27  person.
    28    6.  A  majority  of  the  members shall constitute a quorum to conduct
    29  business, but the commission may establish a lesser quorum for  conduct-
    30  ing  hearings scheduled by the commission. Each member shall have 1 vote
    31  and the vote of each member shall  be  accorded  the  same  weight.  The
    32  commission  may  establish,  by  majority  vote, any other rules for the
    33  conduct of the commission's business, insofar  as  such  rules  are  not
    34  inconsistent with this section or other applicable law.
    35    7.  It is the duty of the commission to hold hearings across the state
    36  and conduct a comprehensive study on sea levels and a potential  seawall
    37  on the coastline.
    38    (a) The matters studied by the commission under this subdivision shall
    39  include, but not be limited to:
    40    (1) coastal areas at greatest risk from sea level rise;
    41    (2) areas at risk from storm surge with current sea levels;
    42    (3)  areas  that  are likely to be at risk from coastal hazards in the
    43  future through year 2100; and
    44    (4) the feasibility, costs, impacts, and locations of a seawall  being
    45  created  to  protect  the city of New York from sea level rise and storm
    46  surge along the entire coastline.
    47    (b) Not later than 2 years after the  date  on  which  the  commission
    48  first  meets,  the  commission shall submit to the governor, the senate,
    49  and the assembly a comprehensive report on the commission's findings and
    50  conclusions. This report shall include  a  representation  of  areas  of
    51  risk, along with the methodology and criteria for assigning given levels
    52  of risk, shall be made available to local governments and the public.
    53    (c)  Not  later than 3 months after the submission of the report under
    54  paragraph (b) of this subdivision, the commission shall  issue  proposed
    55  changes to pertinent state laws and regulations.

        S. 6927                             3
     1    8. The commission shall have the power to hold hearings, at such sites
     2  and  to  act  at  such  times and places, to take such testimony, and to
     3  receive such evidence as the commission considers advisable to  carrying
     4  out its duties under this subdivision.
     5    9.  The  members  of  the  commission  shall  not be given any form of
     6  compensation and shall be allowed no travel  expenses  while  away  from
     7  their  homes or regular places of business in the performance of service
     8  for the commission.
     9    § 4. This act shall take effect immediately.
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