senate Bill S7411

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

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Sponsor

Bill Status


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

  • 14 / May / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

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

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Bill Details

Versions:
S7411
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd En Con L, generally; amd §325, Ag & Mkts L; amd §1161, Pub Health L

Sponsor Memo

BILL NUMBER:S7411

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 change and extreme weather events.

SUMMARY OF PROVISIONS:

This bill would:

* amend the "State Smart Growth Infrastructure Policy Act" to include
the goal of mitigating future climate change impacts by considering
sea level rise projections and available weather-related data
predicting the likelihood of future extreme weather events;

* amend the water pollution and drinking water revolving funds to
include consideration of future climate change and other
weather-related data as part of the review process;

* amend the programs within the Environmental Protection Fund,
including municipal landfill gas management projects, municipal parks,
local waterfront revitalization programs, coastal rehabilitation
projects, farmland protection to require consideration of future
climate change as part of the application and review process;

* require certain major permits issued pursuant to the Uniform
Procedures Act to include consideration of climate risk; and,

* require the Department of State, in consultation with the Department
of Environmental Conservation to prepare model local laws concerning
climate change and to make such model laws available to
municipalities.

JUSTIFICATION: Extreme weather events and climate change are becoming
more common. According to the National Oceanic and Atmospheric
Administration, December marked the 334th consecutive month with
above-average temperatures.

This means that people 27 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-in10-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 Hurricanes Sandy, Lee and Irene. 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 for 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. State funding is a limited
resource and it is appropriate that consideration be given to climate
risk and extreme weather events in order to ensure the long term
viability of funded projects. The same is true for Environmental
Protection Fund programs such as the Local Waterfront Revitalization
Program, in which municipalities are provided with funding to help
develop long-term waterfront zoning.

PRIOR LEGISLATIVE HISTORY:

S.5138 05/10/13 REFERRED TO ENVIRONMENTAL CONSERVATION 05/30/13 1ST
REPORT CAL.822 06/03/13 2ND REPORT CAL. 06/04/13 ADVANCED TO THIRD
READING 06/21/13 COMMITTED TO RULES

FISCAL IMPLICATIONS: To Be Determined.

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
________________________________________________________________________

                                  7411

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by  Sen. SANDERS -- 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, 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]
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10228-13-4

S. 7411                             2

  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
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. 7411                             3

  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 (f) to read as follows:
  (F)  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-
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

S. 7411                             4

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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