senate Bill S6617A

Signed by Governor Amended

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

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


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

actions

  • 14 / Feb / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 07 / May / 2014
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 07 / May / 2014
    • PRINT NUMBER 6617A
  • 13 / May / 2014
    • 1ST REPORT CAL.623
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 16 / Jun / 2014
    • AMENDED ON THIRD READING 6617B
  • 19 / Jun / 2014
    • PASSED SENATE
  • 19 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A6558B
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.306
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 19 / Sep / 2014
    • DELIVERED TO GOVERNOR
  • 22 / Sep / 2014
    • SIGNED CHAP.355

Summary

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

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A6558A
Versions:
S6617
S6617A
S6617B
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

Votes

11
0
11
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S6617A

TITLE OF BILL: An act to amend the environmental conservation law,
the agriculture and markets law and the public health law, in relation
to the consideration of future climate risk including sea level rise
projections and other weather-related data; and in relation to
requiring the preparation of model local zoning laws relating to
climate risk

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure
that state monies and permits include consideration of the effects of
climate risk and extreme weather events.

SUMMARY OF SPECIFIC PROVISIONS: This bill would establish the
"Community Risk and Resiliency Act" that would:

* require consideration of climate risk including sea level rise,
storm surges and flooding, based on available data predicting the
likelihood of future extreme weather events in the following:

o State Smart Growth Infrastructure Policy Act;

o Water Pollution and Drinking Water Revolving funds

o Environmental Protection Fund (including municipal landfill gas
management projects, municipal parks, local waterfront revitalization
programs, coastal rehabilitation projects, and farmland protection);

o major permits issued pursuant to the Uniform Procedures Act;

* require the Department of State (DOS), in consultation with the
Department of Environmental Conservation (DEC) to prepare model local
laws concerning climate risk including sea level rise, storm surges
and flooding, based on available data predicting the likelihood of
future extreme weather events, including hazard risk analysis data if
applicable and to make such model laws available to municipalities;

* require DEC and DOS to develop additional guidance on the use of
resiliency measures that utilize natural resources and natural
processes to reduce risk; and,

* require DEC, no later than January 1, 2016 to adopt regulations
establishing science-based state sea level rise projections.

JUSTIFICATION: Extreme weather events and climate changes are becoming
more common. According to the National Oceanic and Atmospheric
Administration, March marked the 349th consecutive month with
above-av- erage temperatures. This means that people 28 years old or
younger have never lived through a month that was colder than average.
In addition, the National Climate Assessment and Development Advisory
Committee report indicates "The Northeast has experienced a greater
increase in extreme precipitation over the past few decades than any
other region in the United States. Since 1958, the Northeast has seen
a 74 percent increase in the amount of precipitation falling in very
heavy events."


Future extreme weather events will also be compounded by sea level
rise. Sea level rise in the Northeast is expected to exceed the global
average. As a result, the chance of what is now a 1-in-10-year coastal
flood event in the Northeast could triple by 2100, occurring roughly
once every three years, simply in response to higher sea levels. This
means that between one-half million and 2.3 million people will be at
risk from flooding due only to sea level rise. These statistics have
been illustrated most recently by the devastating impacts of Hurricane
Sandy. In addition to the tragic loss of life, property and
environmental damage, there is also an economic cost of extreme
weather events. The financial toll of Hurricane Sandy on New York is
estimated to be at least $42 billion dollars.

This legislation is intended to encourage advance planning for extreme
weather events and to encourage the consideration of the effects of
climate change. For example, the water and sewage treatment plants
within the State sustained extensive damage as a result of Hurricane
Sandy. As funding and permitting decisions are made regarding such
plants in the future, decisions about the potential for damage from
other extreme weather events should be considered. The same is true
for programs funded by the Environmental Protection Fund such as the
Local Waterfront Revitalization Program. It is appropriate and
necessary for climate risk to be an eligible component of funding and
permitting and also for applicants to demonstrate that they have
considered climate change and extreme weather impacts on their
proposed projects.

PRIOR LEGISLATIVE HISTORY: 2014 - new bill in the Senate. Similar bill
in prior sessions.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the
State.

EFFECTIVE DATE: This act shall take effect on the 180th day and shall
apply to all applications and/or permits received after such date.

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

                                 6617--A

                            I N  S E N A T E

                            February 14, 2014
                               ___________

Introduced  by  Sens.  SAVINO,  HOYLMAN, LANZA, 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  commit-
  tee

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.  This act shall be known as and may be cited as the "commu-
nity risk and resiliency act".
  S 2. 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 RISK INCLUDING  SEA  LEVEL  RISE,  STORM
SURGES  AND  FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD
OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF
APPLICABLE.
  S 3. 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 DESIGN AND CONSTRUCTION  CONSIDER  FUTURE
CLIMATE  RISK INCLUDING SEA LEVEL RISE, STORM SURGES AND FLOODING, BASED
ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF  FUTURE  EXTREME  WEATHER
EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE.
  S  4.  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 cited 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.
                                                           LBD10228-12-4

S. 6617--A                          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, STORM SURGES AND
FLOODING, BASED ON AVAILABLE DATA PREDICTING THE  LIKELIHOOD  OF  FUTURE
EXTREME  WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICA-
BLE.
  S 5. 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, STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICT-
ING THE LIKELIHOOD OF FUTURE EXTREME WEATHER  EVENTS,  INCLUDING  HAZARD
RISK ANALYSIS DATA IF APPLICABLE.
  S  6.  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  FUTURE  CLIMATE  RISK
INCLUDING  SEA LEVEL RISE, STORM SURGES AND FLOODING, BASED ON AVAILABLE
DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUD-
ING HAZARD RISK ANALYSIS DATA IF APPLICABLE.
  S 7. 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,
STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE  LIKE-
LIHOOD  OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS
DATA IF APPLICABLE, HAS BEEN CONSIDERED AND THE MUNICIPALITY  is  finan-
cially 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  8.  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,  STORM  SURGES  AND
FLOODING,  BASED  ON  AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE
EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF  APPLICA-
BLE, HAS BEEN CONSIDERED, shall have been submitted.
  S  9.  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.

S. 6617--A                          3

  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
FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE, STORM SURGES AND FLOODING,
BASED ON AVAILABLE DATA PREDICTING  THE  LIKELIHOOD  OF  FUTURE  EXTREME
WEATHER  EVENTS,  INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE, HAS
BEEN CONSIDERED.
  S 10. 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, STORM SURGES AND FLOODING,  BASED
ON  AVAILABLE  DATA  PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER
EVENTS, INCLUDING HAZARD RISK ANALYSIS  DATA  IF  APPLICABLE,  HAS  BEEN
CONSIDERED.
  S  11. 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,
STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE  LIKE-
LIHOOD  OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS
DATA IF APPLICABLE, HAS BEEN CONSIDERED.
  S 12. Subdivision 2 of section 325 of the agriculture and markets  law
is amended by adding a new paragraph (f) to read as follows:
  (F)  IN  EVALUATING  APPLICATIONS  FOR FUNDING, THE COMMISSIONER SHALL
CONSIDER WHETHER FUTURE CLIMATE RISK INCLUDING  SEA  LEVEL  RISE,  STORM
SURGES  AND  FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD
OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF
APPLICABLE, HAS BEEN CONSIDERED.
  S 13. 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

S. 6617--A                          4

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, STORM SURGES AND FLOODING,  BASED
ON  AVAILABLE  DATA  PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER
EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA  IF  APPLICABLE;  and  [(v)]
(VI) compliance with state and federal law, rules and regulations.
  S  14.  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, storm surges and
flooding,  based  on  available data predicting the likelihood of future
extreme weather events including hazard risk  analysis  and  shall  make
such laws available to municipalities.
  S  15.  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,
storm  surges and flooding, based on available data predicting the like-
lihood of future extreme weather events, including hazard risk  analysis
data if applicable, has been considered.
  S  16.  The  department of environmental conservation, in consultation
with the department of state, shall prepare guidance on the  implementa-
tion  of  this  act, including but not limited to available and relevant
data sets and risk analysis tools. In addition, the department of  envi-
ronmental  conservation  and the department of state shall develop addi-
tional guidance on the use of resiliency measures that  utilize  natural
resources and natural processes to reduce risk.
  S  17.  The  environmental conservation law is amended by adding a new
article 58 to read as follows:
                               ARTICLE 58
                       SEA LEVEL RISE PROJECTIONS
SECTION 58-0101. SEA LEVEL RISE PROJECTIONS.
S 58-0101. SEA LEVEL RISE PROJECTIONS.
  THE DEPARTMENT SHALL,  NO  LATER  THAN  JANUARY  FIRST,  TWO  THOUSAND
SIXTEEN,  ADOPT  REGULATIONS  ESTABLISHING SCIENCE-BASED STATE SEA LEVEL
RISE PROJECTIONS. IN ADOPTING SUCH  REGULATIONS,  THE  DEPARTMENT  SHALL
CONSIDER INFORMATION INCLUDING, BUT NOT LIMITED TO, THE NATIONAL OCEANIC
ATMOSPHERIC  ADMINISTRATION,  AND  THE  SEA LEVEL RISE TASK FORCE REPORT
CREATED PURSUANT TO CHAPTER SIX HUNDRED THIRTEEN  OF  THE  LAWS  OF  TWO
THOUSAND  SEVEN.  THE  DEPARTMENT  SHALL UPDATE SUCH REGULATIONS NO LESS
THAN BIENNIALLY.
  S 18. 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.

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.