Bill Text: NY S07581 | 2021-2022 | General Assembly | Introduced
Bill Title: Establishes the office of flooding prevention and mitigation to manage and coordinate the work of task forces, commissions, and other bodies and programs tasked with examining issues related to flooding, to review and assess best practices and make recommendations regarding flood prevention and mitigation, and to assist municipalities in developing strategies and policies to combat flooding.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO FINANCE [S07581 Detail]
Download: New_York-2021-S07581-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7581 2021-2022 Regular Sessions IN SENATE December 8, 2021 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to establishing the office of flooding prevention and mitigation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new article 26-A 2 to read as follows: 3 ARTICLE 26-A 4 OFFICE OF FLOODING PREVENTION AND MITIGATION 5 Section 730. Declaration of findings and legislative intent. 6 731. Office of flooding prevention and mitigation. 7 732. Functions and duties of the office. 8 733. Support for counties and municipalities. 9 734. Government entity coordination; intragovernmental meetings. 10 735. Public availability of information; reporting. 11 736. Flooding resiliency. 12 § 730. Declaration of findings and legislative intent. 1. The legisla- 13 ture finds that flooding events constitute a significant and ongoing 14 threat to people and property in the state and that the threats of 15 flooding are expected to be exacerbated by the increasing effects of 16 climate change. The legislature further finds that there is a need for 17 better coordination and direction of state and local efforts to prevent 18 and mitigate flooding. 19 2. The legislature determines that there is a need for a new executive 20 office to manage and coordinate the work of various existing task forc- 21 es, commissions, and other bodies and programs tasked with examining 22 issues related to flooding, to review and assess best practices and make 23 recommendations regarding flood prevention and mitigation, and to assist 24 municipalities in developing strategies and policies to combat flooding. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13557-02-1S. 7581 2 1 Accordingly, it is the legislature's intent that a new office of flood- 2 ing prevention and mitigation be created to accomplish these purposes. 3 § 731. Office of flooding prevention and mitigation. There is hereby 4 created an office of flooding prevention and mitigation in the executive 5 department. For the purposes of this article, "the office" shall mean 6 the office of flooding prevention and mitigation. The office shall be 7 headed by a director, who shall be appointed by the governor by and with 8 the advice and consent of the senate and shall hold office during the 9 pleasure of the governor. The director shall have significant profes- 10 sional experience in flooding planning, prevention, mitigation, and 11 resiliency. The director shall receive a salary to be fixed by the 12 governor within the amount appropriated therefor. The director shall 13 appoint staff and perform such other functions to ensure the efficient 14 operation of the office within the amounts made available therefor by 15 appropriation. 16 § 732. Functions and duties of the office. The office shall have the 17 following functions and duties: 18 1. To establish and maintain a principal office and such other offices 19 within the state as it may deem necessary. 20 2. To appoint a secretary, counsel, clerks and such other employees 21 and agents as it may deem necessary, fix their compensation within the 22 limitations provided by law, and prescribe their duties. 23 3. To require that state agencies and any other state or municipal 24 department, agency, public authority, task force, commission, or other 25 state or municipal government body, provide and the same are hereby 26 authorized to provide, such assistance, documents, and data as will 27 enable the office to carry out its functions and duties. 28 4. To establish and maintain a website which shall facilitate the 29 satisfaction of the functions and duties of the office. 30 5. To advise and assist the governor in developing policies designed 31 to prevent and mitigate flooding. 32 6. To coordinate state programs and activities relating to flooding, 33 including, without limitation, resilient NY, the disaster preparedness 34 commission, the flood mitigation task force within the canal corpo- 35 ration, the Rockland-Bergen flood mitigation council, the New York state 36 2100 commission, the sea level rise task force, the Delaware river basin 37 commission, the New York rising community construction program and the 38 upstate flood mitigation task force, and to require that such entities 39 or programs provide documents to the office. 40 7. To cooperate with, coordinate, encourage and assist counties and 41 municipalities in the development of local plans and policies for flood- 42 ing preparedness, prevention, and mitigation, to refer municipalities to 43 the appropriate departments and agencies of the state and federal 44 governments for advice, assistance and available services with respect 45 to flooding, and to advise municipalities in the solution of flooding- 46 related problems. 47 8. To study the operation of laws and procedures affecting flooding 48 and recommend to the governor and legislature proposals to improve the 49 administration and effectiveness of such laws. 50 9. To consult with and cooperate with municipalities and officers, 51 organizations, groups and individuals representing them, to the end of 52 more effectively carrying out the functions and duties of the office. 53 10. To undertake, promote and conduct studies, inquiries, surveys and 54 analyses of issues related to flooding and as necessary for performance 55 of the functions and duties of the office through the personnel of the 56 office or consultants, or in cooperation with any public or privateS. 7581 3 1 agencies, national associations, academic institutions, and not-for-pro- 2 fit organizations. 3 11. To serve as a clearinghouse for the benefit of municipalities 4 regarding information relating to flooding prevention and mitigation, 5 including flooding prevention and mitigation project funding programs, 6 and other information relating to their common problems with respect to 7 flooding and the state and federal services available to assist in 8 solution of those problems. 9 12. To render every third year to the governor and to the legislature, 10 on or before December first of each such year, a written report on the 11 office's activities including, but not limited to, specific information 12 on each of the subdivisions of this section. Such report shall also 13 include but not be limited to information regarding significant flooding 14 events during the intervening years and an assessment of the adequacy of 15 current flooding-related programs, policies, and state and local govern- 16 ment bodies. 17 13. To make publicly available information regarding the progress and 18 effectiveness of government-supported flood prevention and mitigation 19 efforts in the state. 20 14. To do all other things necessary or convenient to carry out the 21 functions and duties expressly set forth in this article or as may from 22 time to time be confirmed upon the secretary by the legislature of the 23 state. 24 § 733. Support for counties and municipalities. In furtherance of the 25 provisions of subdivision nine of section seven hundred thirty-two of 26 this article, the office shall encourage and assist local governments in 27 the development of plans and policies for flood prevention and miti- 28 gation. Such assistance shall be available upon request by the local 29 government. In furtherance thereof, the director shall: 30 1. Establish such programs and processes as are convenient or neces- 31 sary for: 32 (a) proactively engaging counties and municipalities in developing 33 flood prevention and mitigation strategies, 34 (b) providing flooding-related resources, including information 35 regarding financial assistance for flooding projects, 36 (c) coordinating and facilitating consultation and coordination among 37 local, county, regional, state and federal governmental bodies and 38 community-based groups, and 39 (d) soliciting input from counties and municipalities regarding flood- 40 ing-related concerns. 41 2. Develop and maintain forms of intermunicipal agreements and other 42 documents as may assist in facilitating cooperation between munici- 43 palities in addressing flooding issues that involve more than one muni- 44 cipality. 45 3. Promote flooding prevention and mitigation strategies, including, 46 without limitation, use of living shorelines and other nature-based 47 solutions, permeable surfaces, rain gardens, wetland restoration, waste- 48 water and stormwater infrastructure upgrades, alteration of flood-prone 49 structures, and other flood prevention, mitigation and resiliency 50 projects encompassed by subdivision one of section 58-0303 and subdivi- 51 sion one of section 54-1523 of the environmental conservation law. 52 § 734. Government entity coordination; intragovernmental meetings. 1. 53 The office shall regularly consult and coordinate its efforts with such 54 other state government bodies and other state, regional, or local 55 programs as is necessary or convenient to successfully fulfill its func- 56 tions and duties.S. 7581 4 1 2. The office shall, on a biannual basis, convene a meeting of the 2 executive officers or similar officials or their representatives of the 3 department of environmental conservation, the office of emergency 4 management, the department of state, resilient NY, the disaster 5 preparedness commission, the flood mitigation task force within the 6 canal corporation, the Rockland-Bergen flood mitigation council, the New 7 York state 2100 commission, the sea level rise task force, the Delaware 8 river basin commission, the New York rising community construction 9 program and the upstate flood mitigation task force to evaluate the 10 effectiveness of flooding prevention and mitigation throughout the 11 state, to review and assess the respective contributions of such enti- 12 ties and programs to flooding prevention and mitigation, and to facili- 13 tate cooperation amongst such entities and programs. 14 § 735. Public availability of information; reporting. 1. In further- 15 ance of the provisions of subdivision thirteen of section seven hundred 16 thirty-two of this article, the office shall collect and make publicly 17 available on its website reports, resources, descriptions of processes 18 and responsibilities of the office and other state governmental entities 19 and programs tasked with addressing flooding-related issues, analyses 20 regarding the effectiveness of such various governmental entities and 21 programs and other related and relevant information from such govern- 22 mental entities and programs. Such government entities and programs 23 shall include, without limitation, resilient NY, the disaster prepared- 24 ness commission, the flood mitigation task force within the canal corpo- 25 ration, the Rockland-Bergen flood mitigation council, the New York state 26 2100 commission, the sea level rise task force, the Delaware river basin 27 commission, the New York rising community construction program and the 28 upstate flood mitigation task force. 29 2. No later than December first, two thousand twenty-three, and by 30 November thirtieth of every third year thereafter, the office shall 31 transmit to the governor, the temporary president of the senate and the 32 speaker of the assembly a report containing: 33 (a) an assessment of the extent and magnitude of flooding risks, 34 including identifying those regions and populations most affected by 35 flooding; 36 (b) criteria and guidelines for identifying and prioritizing regions 37 and projects most in need of mitigation; 38 (c) identification of existing and emerging technologies, strategies 39 and policies which can mitigate the impact of flooding on populations 40 and infrastructure; 41 (d) identification of potential funding sources to support residen- 42 tial, commercial and public mitigation efforts; 43 (e) research projects or studies to better understand how flooding 44 affects the geography and the population of this state; and 45 (f) recommendations to the governor and the state legislature as to 46 the best use of state resources to assist flood-prone counties and muni- 47 cipalities to prevent or mitigate the effects of flooding. 48 § 736. Flooding resiliency. In fulfilling the provisions of this arti- 49 cle, the office shall incorporate into its policies, processes and deci- 50 sions consideration for the increased likelihood of flooding due to 51 climate change as compared to historic indicators and the need for long- 52 term resiliency against such increase in flooding. The office is author- 53 ized to and shall take actions and make recommendations which exceed 54 current best practices for flooding prevention and mitigation when such 55 current best practices do not sufficiently account for the likelihood of 56 increased flooding due to climate change.S. 7581 5 1 § 2. Severability. If any clause, sentence, paragraph, subdivision, 2 section or part of this act shall be adjudged by any court of competent 3 jurisdiction to be invalid, such judgment shall not affect, impair, or 4 invalidate the remainder thereof, but shall be confined in its operation 5 to the clause, sentence, paragraph, subdivision, section or part thereof 6 directly involved in the controversy in which such judgment shall have 7 been rendered. It is hereby declared to be the intent of the legislature 8 that this act would have been enacted even if such invalid provisions 9 had not been included herein. 10 § 3. This act shall take effect immediately.
