senate Bill S4503

Amended

Enacts the flood mitigation council act

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 05 / Apr / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 23 / May / 2013
    • AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 23 / May / 2013
    • PRINT NUMBER 4503A
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 24 / Jan / 2014
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 24 / Jan / 2014
    • PRINT NUMBER 4503B
  • 03 / Jun / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Establishes the flood mitigation and prevention task force to evaluate ways of protecting communities and residents of the state from flooding.

do you support this bill?

Bill Details

Versions:
S4503
S4503A
S4503B
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง16-0121, En Con L
Versions Introduced in 2013-2014 Legislative Cycle:
A6537

Sponsor Memo

BILL NUMBER:S4503

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to enacting the flood mitigation council act

PURPOSE OR GENERAL IDEA OF BILL: To establish a flood mitigation
council to be based within the New York State Department of
Environmental Conservation, including representatives of various
agencies and local government officials, to identify regions most
affected by flooding, prioritize mitigation efforts, identify sources
of funding, and support additional research on mitigation efforts.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 sets out the title the
"Flood Mitigation Council Act."

Section 2 establishes legislative findings concerning the increased
frequency and severity of flooding throughout New York State.

Section 3 (i) amends the environmental conservation law by adding a
new section establishing a flood mitigation council in the Department
of Environmental Conservation and setting out its definition and
mission. The Council shall be composed of between eleven and fifteen
members appointed by the commissioner, including representatives of
the U.S. Army Corps of Engineers; New York State Departments of
Environmental Conservation and Transportation; the New York State
Office of Parks, Recreation, and Historic Preservation; the New York
office of Emergency Management; the New York State Division of
Homeland Security and Emergency Services; and representatives of flood
prone counties and municipalities. The council shall develop
guidelines for identifying and identify the scope and nature of the
flooding throughout the state, prioritize projects, identify sources
of funding, and support additional research to better understand the
effects of flooding.

Section 3(ii)(a) establishes that the flood mitigation council shall:
assess and quantify the extent and magnitude of the state-wide effects
caused by flooding, including identifying populations and regions most
affected, prioritizing regions and projects, and identifying
technologies and strategies which can mitigate the impact of flooding
on residents and infrastructure.

Section 3(ii)(b) establishes that the flood council shall identify
potential sources of funding to support mitigation efforts.

Section 3(ii)(c) establishes that the flood council shall undertake
research projects or studies to better understand how flooding affects
residents and infrastructure of the state. Section 3(ii)(d) sets out
that the flood council shall make recommendations to the governor and
the state legislature on how the state can best use its resources to
assist flood-prone counties.

Section 4. establishes the effective date.

JUSTIFICATION: The increasing frequency and severity of flooding
throughout the state has underscored the need for greater coordination
of efforts among levels of government, agencies, and regions with


responsibilities to address flooding. This bill begins to address this
deficiency.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: To Be Determined (Fiscal Note Required)

EFFECTIVE DATE: January 1, 2014

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4503

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 5, 2013
                               ___________

Introduced  by  Sen. LATIMER -- 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
  enacting the flood mitigation council act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "flood mitigation council act".
  S  2. Legislative findings. The legislature finds that: climate change
has produced increased frequency and severity of flooding throughout New
York state. This is particularly underscored by the effects of Hurricane
Sandy and other storms throughout the state.
  S 3. The environmental conservation law is amended  by  adding  a  new
section 16-0121 to read as follows:
S 16-0121. FLOOD MITIGATION COUNCIL.
  1.  THERE  IS  HEREBY ESTABLISHED IN THE DEPARTMENT A FLOOD MITIGATION
COUNCIL. SUCH COUNCIL SHALL BE COMPOSED OF NOT LESS THAN ELEVEN  MEMBERS
AND  NO MORE THAN SIXTEEN MEMBERS, WHICH SHALL INCLUDE THE COMMISSIONER,
WHO SHALL BE THE CHAIR OF  THE  COUNCIL,  THE  COMMISSIONER  OF  GENERAL
SERVICES  WHO  SHALL SERVE AS AN EX-OFFICIO MEMBER OF THE COUNCIL, AND A
MINIMUM OF TEN MEMBERS AND A MAXIMUM OF FOURTEEN  MEMBERS  APPOINTED  BY
THE  COMMISSIONER.  THE  MEMBERS  APPOINTED  BY  THE  COMMISSIONER SHALL
INCLUDE PERSONS REPRESENTING THE FOLLOWING INTERESTS:    THE  U.S.  ARMY
CORPS  OF  ENGINEERS;  THE  NEW  YORK STATE DEPARTMENTS OF ENVIRONMENTAL
CONSERVATION AND TRANSPORTATION; THE NEW YORK  STATE  OFFICE  OF  PARKS,
RECREATION AND HISTORIC PRESERVATION; THE NEW YORK STATE OFFICE OF EMER-
GENCY  MANAGEMENT;  THE NEW YORK STATE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES; AND FLOOD-PRONE  COUNTIES  AND  MUNICIPALITIES.  THE
MEMBERSHIP  OF  THE  COUNCIL  SHALL REPRESENT THOSE GEOGRAPHIC AREAS AND
REGIONS IN THIS STATE THAT ARE LIKELY TO  SUFFER  FROM  THE  EFFECTS  OF
FLOODING.  THE  MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09320-02-3

S. 4503                             2

THEIR SERVICES BUT  SHALL  BE  REIMBURSED  THEIR  ACTUAL  AND  NECESSARY
EXPENSES  INCURRED  IN  THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS
SECTION.
  2. THE FLOOD MITIGATION COUNCIL SHALL:
  A.  ASSESS AND QUANTIFY THE EXTENT AND MAGNITUDE OF THE PROBLEM STATE-
WIDE CAUSED BY FLOODING, INCLUDING IDENTIFYING THOSE REGIONS  AND  POPU-
LATIONS  MOST  AFFECTED  BY FLOODING; DEVELOPING CRITERIA AND GUIDELINES
FOR IDENTIFYING AND PRIORITIZING REGIONS AND PROJECTS MOST  IN  NEED  OF
MITIGATION;  AND IDENTIFYING EXISTING AND EMERGING TECHNOLOGIES, STRATE-
GIES AND CONCEPTS WHICH CAN MITIGATE THE IMPACT  OF  FLOODING  ON  POPU-
LATIONS AND INFRASTRUCTURE;
  B.  IDENTIFY POTENTIAL FUNDING SOURCES TO SUPPORT RESIDENTIAL, COMMER-
CIAL AND PUBLIC MITIGATION EFFORTS; AND
  C. UNDERTAKE RESEARCH PROJECTS OR STUDIES  TO  BETTER  UNDERSTAND  HOW
FLOODING AFFECTS THE GEOGRAPHY AND THE POPULATION OF THIS STATE; AND
  D.  MAKE  RECOMMENDATIONS TO THE GOVERNOR AND THE STATE LEGISLATURE ON
HOW THE STATE CAN BEST USE ITS RESOURCES TO ASSIST FLOOD-PRONE  COUNTIES
AND MUNICIPALITIES TO PREVENT OR MITIGATE THE EFFECTS OF FLOODING.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.