senate Bill S4503B

Enacts the flood mitigation council act

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Bill Status


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

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Bill Details

See Assembly Version of this Bill:
A6537B
Versions:
S4503
S4503A
S4503B
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Environmental Conservation
Versions Introduced in 2013-2014 Legislative Cycle:
A6537

Votes

9
0
9
Aye
0
Nay
4
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S4503B

TITLE OF BILL: An act relating to establishing the flood mitigation and
prevention task force; and providing for the repeal of such provisions
upon the expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

To establish a flood mitigation and flood prevention task force based
within the New York State Department of Environmental Conservation,
including representatives of various agencies and local government offi-
cials, to identify regions most affected by flooding, prioritize miti-
gation efforts, identify sources of funding, and support additional
research on mitigation efforts.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes the flood mitigation task force with eleven
members consisting of the commissioner of the department environmental
conservation or his/her designee, the commissioner of general services
or his/her designee, the commissioner of the department of transporta-
tion or his/ her designee, the director of the state emergency manage-
ment office or his/her designee, the commissioner of the New York state
division of homeland security or his/her designee, two members appointed
by the speaker of the assembly, one member appointed by the minority
leader of the senate, one member appointed by the minority leader of the
assembly and two members appointed by the temporary president of the
senate.

Section 2 sets forth that the task force should include members repres-
enting flood-prone municipalities and counties.

Section 3 states that members will not receive any compensation but will
be reimbursed for actual and necessary expenses sustained in the course
of their duties.

Section 4 requires the task force meet no less than four times at the
call of the chairperson. Section 5 provides that any vacancies should be
filled by ways of the initial appointment. Section 6 authorizes the task
force to hold public hearings and meetings.

Section 7 allows the task force to consult with organizations like the
army corps of engineers to help develop the report required by subdivi-
sion 10 of this section.

Section 8 requires the department of environmental conservation to
provide the necessary facilities, data and assistance to allow the task
force to carry out its responsibilities.

Section 9 establishes the purpose of the flood mitigation/task force to
evaluate ways of protecting New York's communities and residents from
flooding including inland flooding.

Section 10 states that no later than December 31, 2015 the task force
shall submit a report to the temporary president of the senate, the
speaker of the assembly and the governor. The report must contain an
evaluation of the severity of the flooding, criteria and guidelines for
identifying regions and projects most in need of mitigation, identifica-
tion of possible funding sources, research studies to better understand
how flooding effects the geography and population of the state and
recommendations to the governor and state legislature on how the state
should use resources to prevent or mitigate flooding.

Section 11 sets an immediate 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:

01/09/13 - 01/12/13 Environmental Conservation Committee

FISCAL IMPLICATIONS:

To Be Determined.

EFFECTIVE DATE:

January 1, 2017.

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

                                 4503--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 5, 2013
                               ___________

Introduced  by Sens. 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 committee  --  recommitted  to  the
  Committee on Environmental Conservation in accordance with Senate Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT relating to establishing the flood mitigation and prevention task
  force; and providing for the repeal of such provisions upon the  expi-
  ration thereof

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

  Section 1. 1. There is hereby established in the department  of  envi-
ronmental  conservation  a  flood  mitigation  and prevention task force
("task force") to consist of eleven members who shall  be  appointed  as
follows:
  (a)  the  commissioner  of  environmental  conservation  or his or her
designee;
  (b) the commissioner of general services or his or her designee;
  (c) the commissioner of the department of transportation or his or her
designee;
  (d) the director of the state emergency management office  or  his  or
her designee;
  (e)  the commissioner of the New York state division of homeland secu-
rity and emergency services or his or her designee;
  (f) two members to be appointed by the speaker of the assembly;
  (g) one member to be appointed by the minority leader of the senate;
  (h) one member to be appointed by the minority leader of the assembly;
  (i) two members to be appointed by  the  temporary  president  of  the
senate;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09320-09-4

S. 4503--B                          2

  2.  The  at-large  members  should  include  individuals who represent
flood-prone municipalities and counties.
  3. Task force members shall receive no compensation for their services
but  shall  be reimbursed for actual, necessary expenses incurred in the
performance of their duties.
  4. The chairperson of the task force  shall  be  the  commissioner  of
environmental  conservation or his or her designee. The task force shall
meet no less than four times at the call of the chairperson.
  5. Any vacancies on the task force  shall  be  filled  in  the  manner
provided for in the initial appointment.
  6.  The  task  force  shall  be authorized to hold public hearings and
meetings to enable it to accomplish its duties.
  7. The task force  may  consult  with  any  organization,  educational
institution,  other government entity or agency or person including, but
not limited to, the army corps of engineers, in the development  of  the
report required by subdivision 10 of this section.
  8. The department of environmental conservation shall provide the task
force  with such facilities, assistance and data as will enable the task
force to carry out its powers and duties. Additionally, all other  agen-
cies  of  the  state  or subdivisions thereof may, at the request of the
chairperson, provide the task force with such facilities, assistance and
data as will enable the task force to carry out its powers and duties.
  9. The purpose of the flood mitigation/prevention task force shall  be
to evaluate ways of protecting New York's communities and residents from
flooding,  including  inland  flooding,  and applying the best available
science and research to examine flooding-related issues and impacts.
  10. No later than December 31, 2016, the task force shall transmit  to
the  governor,  the temporary president of the senate and the speaker of
the assembly a report containing:
  (a) an assessment of the extent and magnitude of the problem statewide
caused by flooding, including identifying those regions and  populations
most affected by flooding;
  (b)  criteria  and guidelines for identifying and prioritizing regions
and projects most in need of mitigation;
  (c) identification of existing and emerging  technologies,  strategies
and  concepts  which  can mitigate the impact of flooding on populations
and infrastructure;
  (d) identification of potential funding sources  to  support  residen-
tial, commercial and public mitigation efforts;
  (e)  research  projects  or  studies to better understand how flooding
affects the geography and the population of this state; and
  (f) 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 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed January 1, 2017.

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