S T A T E   O F   N E W   Y O R K
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                                  4664

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend chapter 613 of the laws of 2007,  relating  to  creating
  the  New  York  state  sea level rise task force and providing for the
  repeal of such provisions upon  expiration  thereof,  in  relation  to
  extending certain provisions relating thereto

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

  Section 1. Chapter 613 of the laws of 2007, relating to  creating  the
New York state sea level rise task force, is amended to read as follows:
  Section 1. 1. New York state sea level rise task force. There is here-
by  established,  within the department of environmental conservation, a
sea level rise task force ("task  force")  which  shall  consist  of  16
members who shall be appointed as follows:
  (a)  the  commissioner  of  environmental  conservation  or his or her
designee;
  (b) the secretary of state or his or her designee;
  (c) the commissioner of transportation or his or her designee;
  (d) the commissioner of health or his or her designee;
  (e) the director of the state emergency management office  or  his  or
her designee;
  (f) the superintendent of insurance or his or her designee;
  (g)  two  members  to  be  appointed by the temporary president of the
senate;
  (h) two members to be appointed by the speaker of the assembly;
  (i) one member to be appointed by the minority leader of the senate;
  (j) one member to be appointed by the minority leader of the assembly;
  (k) one member to be appointed by the mayor of the city of New York;
  (l) one member to be appointed by the county executive of  the  county
of Westchester;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11243-01-9

              

S. 4664                             2

  (m)  one  member to be appointed by the county executive of the county
of Nassau; and
  (n)  one  member to be appointed by the county executive of the county
of Suffolk.
  2. The at large members should include individuals with  expertise  in
one  or more of the following areas:  climatology; hydrology; economics;
marine fisheries; law  enforcement  and  emergency  management;  estuary
programs; oceanography or coastal ocean science; and ecology or environ-
mental biology.
  3. Task force members shall receive no compensation for their services
but  shall  be  reimbursed for actual and 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 and at other  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 national aeronautics and space administration, in
the development of  its  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 New York state sea level rise task  force  shall
be  to  evaluate ways of protecting New York's remaining coastal ecosys-
tems and natural habitats, and increasing coastal  community  resilience
in the face of sea level rise, applying the best available science as to
sea level rise and its anticipated impacts.
  10. No later than December 31, [2009] 2010, the task force shall tran-
smit  to  the  governor,  the  temporary president of the senate and the
speaker of the assembly a report containing the following:
  (a) an assessment of the anticipated  impacts  related  to  sea  level
rise;
  (b)  recommendations related to mechanisms New York could establish to
provide stronger, more protective standards, and the implementation  and
enforcement   of   such  standards  for  coastal  development,  wetlands
protection, shoreline armoring, and post-storm  recovery  for  New  York
state in the context of sea level rise;
  (c)  recommendations regarding adaptive measures which may be taken to
respond to sea level rise, including measures to:
  (i) protect and connect terrestrial  and  aquatic  habitats  to  allow
animal  and  plant species to migrate as temperatures change, especially
in already fragmented habitats;
  (ii) protect and restore habitat on which already stressed animal  and
plant  species  depend  to maintain the integrity of natural communities
and to protect ecological services they provide including flood control,
drinking water supply protection, clean water and clean air;

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  (iii) identify and monitor early effects of climate change on animals,
plants and natural communities; and
  (iv)  integrate  climate change adaptation strategies into state envi-
ronmental plans; and
  (d) recommendations on state and  local  regulatory  and/or  statutory
alterations to respond to the impacts of sea level rise.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed January 1, [2010] 2011.
  S 2. This act shall take effect immediately.