S T A T E O F N E W Y O R K
________________________________________________________________________
3571
2013-2014 Regular Sessions
I N A S S E M B L Y
January 28, 2013
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Introduced by M. of A. SCHIMEL -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
enacting the New York state comprehensive flood mitigation grant act;
making an appropriation therefor and providing for the repeal of such
provisions upon expiration thereof
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 "New York state comprehensive flood mitigation grant act".
S 2. The environmental conservation law is amended by adding a new
section 16-0121 to read as follows:
S 16-0121. COMPREHENSIVE FLOOD MITIGATION GRANT PROGRAM.
1. THE COMMISSIONER SHALL ESTABLISH A PROGRAM WHICH SHALL BE KNOWN AS
THE "COMPREHENSIVE FLOOD MITIGATION GRANT PROGRAM". THE PURPOSE OF THIS
PROGRAM IS TO AID MUNICIPALITIES WITH POPULATIONS LESS THAN ONE MILLION
PEOPLE TO IMPLEMENT FLOOD MITIGATION PLANS.
2. SUBJECT TO THE APPROVAL OF THE COMMISSIONER, THE DEPARTMENT MAY
PROVIDE GRANTS TO MUNICIPALITIES AS DEFINED IN SUBDIVISION ONE OF THIS
SECTION FOR FLOOD CONTROL AND WATERSHED MANAGEMENT PROJECTS, AND FOR THE
CAPITAL COSTS RELATED TO THE DESIGN, PURCHASE AND INSTALLATION OF AUTO-
MATED FLOOD WARNING PROJECTS, PROVIDED THAT THE PROJECTS ARE CONSISTENT
WITH THE PLANS AND IMPLEMENTATION PREPARED AND ADOPTED IN ACCORDANCE
WITH THIS SECTION AND PROVIDED FURTHER THAT EACH PROJECT: (A) IS UNDER-
TAKEN AS PART OF A COMPREHENSIVE FLOOD MANAGEMENT PLAN PREPARED AND
ADOPTED BY SUCH MUNICIPALITY; AND (B) IS NOT INCONSISTENT WITH ANY STATE
INTERJURISDICTIONAL FLOOD MANAGEMENT PLAN.
3. THE COMMISSIONER SHALL HAVE THE POWER TO SET GUIDELINES AND PARAME-
TERS FOR ANY PROJECTS UNDER CONSIDERATION. THE COMMISSIONER SHALL HAVE
POWER TO SET GRANT APPLICATION PROCEDURES. ANY COMPREHENSIVE FLOOD
MANAGEMENT PLAN WHICH INCLUDES A PROJECT FOR WHICH GRANT FUNDS ARE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06566-01-3
A. 3571 2
REQUESTED UNDER THIS SECTION IS SUBJECT TO REVIEW AND APPROVAL BY THE
DEPARTMENT. IF THE PLAN IS DISAPPROVED, THE COMMISSIONER SHALL SET FORTH
IN WRITING THE REASON FOR DISAPPROVAL. DISAPPROVAL OF A PLAN SHALL BE
BASED ONLY ON FLOOD MANAGEMENT CONSIDERATIONS.
4. THE DEPARTMENT AND ELIGIBLE MUNICIPALITIES SHALL COORDINATE ACTIV-
ITIES UNDER THIS SECTION WITH ALL RELATED STATE AND FEDERAL FLOOD
PROGRAMS.
S 3. The sum of five million dollars ($5,000,000) is hereby appropri-
ated to the department of environmental conservation out of any moneys
in the state treasury in the general fund to the credit of the state
purposes account, not otherwise appropriated, and made immediately
available, for the purpose of carrying out the provisions of this act.
Such moneys shall be payable on the audit and warrant of the comptroller
on vouchers certified or approved by the commissioner of the department
of environmental conservation in the manner prescribed by law.
S 4. A study shall be taken by the department of environmental conser-
vation pursuant to section 8-0109 of the environmental conservation law.
A report of how such department will set up projects and implement rules
shall be delivered to the legislature no later than 90 days after the
effective date of this section.
S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall expire and be deemed repealed
December 31, 2024.