assembly Bill A6558

Amended

Relates to future climate risk including sea level rise projections and other weather-related data

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Sponsor

SWEENEY

Co-Sponsors

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Multi-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Apr / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 16 / Apr / 2013
    • REPORTED REFERRED TO WAYS AND MEANS
  • 16 / Apr / 2013
    • REPORTED
  • 18 / Apr / 2013
    • ADVANCED TO THIRD READING CAL.174
  • 23 / Apr / 2013
    • PASSED ASSEMBLY
  • 23 / Apr / 2013
    • DELIVERED TO SENATE
  • 23 / Apr / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • DIED IN SENATE
  • 08 / Jan / 2014
    • RETURNED TO ASSEMBLY
  • 08 / Jan / 2014
    • ORDERED TO THIRD READING CAL.306
  • 29 / Apr / 2014
    • AMENDED ON THIRD READING 6558A
  • 05 / May / 2014
    • PASSED ASSEMBLY
  • 05 / May / 2014
    • DELIVERED TO SENATE
  • 05 / May / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 16 / Jun / 2014
    • RECALLED FROM SENATE
  • 16 / Jun / 2014
    • RETURNED TO ASSEMBLY
  • 16 / Jun / 2014
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 16 / Jun / 2014
    • AMENDED ON THIRD READING 6558B
  • 19 / Jun / 2014
    • SUBSTITUTED BY S6617B

Summary

Relates to future climate risk and/or sea level rise projections and other weather-related data.

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Bill Details

Versions:
A6558
A6558A
A6558B
Legislative Cycle:
2013-2014
Law Section:
Environmental Conservation Law
Laws Affected:
Amd En Con L, generally; amd §325, Ag & Mkts L; amd §1161, Pub Health L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6558

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 9, 2013
                               ___________

Introduced  by  M.  of  A.  SWEENEY,  WEISENBERG, GLICK, LIFTON, JAFFEE,
  THIELE, ABINANTI, OTIS, ENGLEBRIGHT -- Multi-Sponsored by -- M. of  A.
  FAHY, ROSENTHAL -- read once and referred to the Committee on Environ-
  mental Conservation

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:

  Section 1. Subdivision  2  of  section  6-0107  of  the  environmental
conservation  law  is  amended  by  adding  a new paragraph k to read as
follows:
  K. TO MITIGATE FUTURE CLIMATE CHANGE IMPACTS  BY  INCLUDING  CONSIDER-
ATION  OF  SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA
PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER EVENTS.
  S 2. Item (e) of subparagraph (ii) of paragraph d of subdivision 1  of
section 17-1909 of the environmental conservation law, as added by chap-
ter 565 of the laws of 1989, is amended to read as follows:
  (e)  conforms with applicable rules and regulations of the department,
INCLUDING A DEMONSTRATION THAT FUTURE CLIMATE RISK INCLUDING  SEA  LEVEL
RISE PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE LIKE-
LIHOOD OF FUTURE SEVERE WEATHER EVENTS HAS BEEN CONSIDERED.
  S  3.  Paragraphs  g  and h of subdivision 2 of section 27-1103 of the
environmental conservation law, as amended by chapter 618 of the laws of
1987, are amended  and a new paragraph i is added to read as follows:
  g. The impact on the municipality where the facility is to be sited in
terms of health, safety,  cost  and  consistency  with  local  planning,
zoning or land use laws and ordinances, [and]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10228-01-3

A. 6558                             2

  h. The nature of the probable environmental impact, including specifi-
cation of the predictable adverse effects on the natural environment and
ecology, public health and safety, scenic, historic, cultural and recre-
ational  value,  water  and  air  quality, wildlife and an evaluation of
measures to mitigate adverse effects[.], AND
  I.  THE  FUTURE  CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND
AVAILABLE WEATHER-RELATED  DATA  PREDICTING  THE  LIKELIHOOD  OF  FUTURE
SEVERE WEATHER EVENTS.
  S  4.  Subdivision 1 of section 40-0113 of the environmental conserva-
tion law is amended by adding a new paragraph i to read as follows:
  I. REQUIREMENTS FOR CONSIDERATION OF FUTURE CLIMATE RISK INCLUDING SEA
LEVEL RISE PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE
LIKELIHOOD OF FUTURE SEVERE WEATHER EVENTS.
  S 5. Subdivision 3 of section 49-0203 of the  environmental  conserva-
tion law is renumbered subdivision 4 and a new subdivision 3 is added to
read as follows:
  3.  THE  DEPARTMENT  AND  THE OFFICE SHALL CONSIDER THE FUTURE CLIMATE
RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE  WEATHER-RELATED
DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER EVENTS.
  S  6.  Paragraph a of subdivision 2 of section 54-0303 of the environ-
mental conservation law, as added by chapter 610 of the laws of 1993 and
as designated by chapter 170 of the laws of 1994, is amended to read  as
follows:
  a.  The  commissioner  of the office of parks, recreation and historic
preservation may enter into an agreement for the maintenance and  opera-
tion  of  open space land conservation projects in urban areas or metro-
politan park projects by a municipality, or a not-for-profit corporation
or unincorporated association which demonstrates to  the  commissioner's
satisfaction  that [it] THE FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE
PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD
OF FUTURE SEVERE WEATHER EVENTS HAS BEEN CONSIDERED AND THE MUNICIPALITY
is financially or otherwise capable of  operating  and  maintaining  the
project for the benefit of the public and of maximizing public access to
such  project. Any such agreement shall contain such provisions as shall
be necessary to ensure that its operation and maintenance are consistent
with and in furtherance of this article and  shall  be  subject  to  the
approval of the director of the budget, the comptroller and, as to form,
the attorney general.
  S  7.  Subdivision 3 of section 54-0503 of the environmental conserva-
tion law, as added by chapter 610 of the laws of  1993,  is  amended  to
read as follows:
  3. A closure investigation report which complies with the requirements
of  applicable  regulations of the department, INCLUDING A DEMONSTRATION
THAT FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAIL-
ABLE WEATHER-RELATED DATA PREDICTING THE  LIKELIHOOD  OF  FUTURE  SEVERE
WEATHER EVENTS HAS BEEN CONSIDERED, shall have been submitted.
  S  8.  Section 54-0504 of the environmental conservation law, as added
by section 4 of part L of chapter 59 of the laws of 2005, is amended  to
read as follows:
S 54-0504. Eligibility  to receive state assistance payments for munici-
             pal landfill gas management projects.
  Any municipality which is the owner or  operator  of  a  landfill  may
apply for state assistance payments toward the cost of a municipal land-
fill  gas  management  project. Any application for a municipal landfill
gas management project must comply with all applicable rules  and  regu-
lations  promulgated  by  the department, INCLUDING A DEMONSTRATION THAT

A. 6558                             3

FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS  AND  AVAILABLE
WEATHER-RELATED  DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER
EVENTS HAS BEEN CONSIDERED.
  S  9.  Subdivisions  1  and  5 of section 54-1101 of the environmental
conservation law, as amended by chapter 309 of the  laws  of  1996,  are
amended to read as follows:
  1.  The  secretary  is  authorized  to provide on a competitive basis,
within amounts appropriated, state assistance payments to municipalities
toward the cost of any local waterfront revitalization program,  INCLUD-
ING  PLANNING PROJECTS TO MITIGATE FUTURE CLIMATE RISKS.  Eligible costs
include planning, studies, preparation of local laws,  and  construction
projects.
  5. The secretary shall impose such contractual requirements and condi-
tions  upon  any  municipality  which receives state assistance payments
pursuant to this article as may be necessary and appropriate  to  ensure
that  a  public  benefit  shall accrue from the use of such funds by the
municipality INCLUDING BUT NOT LIMITED TO, A DEMONSTRATION  THAT  FUTURE
CLIMATE  RISK  INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATH-
ER-RELATED DATA PREDICTING  THE  LIKELIHOOD  OF  FUTURE  SEVERE  WEATHER
EVENTS HAS BEEN CONSIDERED.
  S  10. Subdivision 1 of section 54-1105 of the environmental conserva-
tion law, as added by chapter 610 of the laws of  1993,  is  amended  to
read as follows:
  1.  The  commissioner is authorized to provide on a competitive basis,
within amounts appropriated, state assistance payments to a municipality
or a not-for-profit corporation toward the cost of any coastal rehabili-
tation project approved by the commissioner PROVIDED  THAT  THE  COMMIS-
SIONER  DETERMINES  THAT  FUTURE  CLIMATE  RISK INCLUDING SEA LEVEL RISE
PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD
OF FUTURE SEVERE WEATHER EVENTS HAS BEEN CONSIDERED.
  S 11. Subdivision 2 of section 325 of the agriculture and markets  law
is amended by adding a new paragraph (e) to read as follows:
  (E)  IN  EVALUATING  APPLICATIONS  FOR FUNDING, THE COMMISSIONER SHALL
CONSIDER THE FUTURE CLIMATE RISK INCLUDING SEA  LEVEL  RISE  PROJECTIONS
AND  AVAILABLE  WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE
SEVERE WEATHER.
  S 12. Section 1161 of the public health law, as added by  chapter  413
of the laws of 1996, is amended to read as follows:
  S   1161.    Eligible  projects;  priority  ranking.  Subject  to  the
provisions of section thirty-two of the chapter  of  the  laws  of  1996
which added this section, in consultation with the commissioner of envi-
ronmental  conservation, the commissioner shall establish and maintain a
list of potentially eligible projects and shall establish,  pursuant  to
rules  and  regulations,  a  process  for  listing  potentially eligible
projects identified by  potential  recipients  and  a  priority  ranking
system  for  the purpose of providing financial assistance to recipients
for such projects under this title.  In establishing such   system,  the
commissioner  shall  take into account the public health significance of
such potentially eligible projects which shall include, but need not  be
limited  to,  an  assessment of (i) public health and safety; (ii) popu-
lation affected; (iii) attainment of state drinking water quality  goals
and  standards;  (iv)  taking  into  consideration  the  water resources
management strategy pursuant to title twenty-nine of article fifteen  of
the environmental conservation law; (V) TAKING INTO CONSIDERATION FUTURE
CLIMATE  RISK  INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATH-

A. 6558                             4

ER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER;  and
[(v)] (VI) compliance with state and federal law, rules and regulations.
  S  13.  The department of state, in cooperation with the department of
environmental conservation, shall prepare model local laws that  include
consideration  of  climate risk including sea level rise projections and
available weather-related  data  predicting  the  likelihood  of  future
severe  weather  events  and  shall  make such laws available to munici-
palities.
  S  14.  Major  permits  for  the  regulatory  programs  of  paragraphs
(f),(h),(i),(j),(k)  and  (m) of subdivision 3 of section 70-0107 of the
environmental conservation law and article 23, article 40 and  title  10
of article 17 of the environmental conservation law shall require appli-
cants  to  demonstrate that future climate risk including sea level rise
projections and available weather-related data predicting the likelihood
of future severe weather events has been considered.
  S 15. This act shall take effect on  the  one  hundred  eightieth  day
after  it  shall  have  become a law and shall apply to all applications
and/or permits received after such date.

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