S T A T E O F N E W Y O R K
________________________________________________________________________
6503
2013-2014 Regular Sessions
I N A S S E M B L Y
April 4, 2013
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Introduced by M. of A. MAYER, SCHIMEL, BUCHWALD, CROUCH, ENGLEBRIGHT,
GABRYSZAK, JAFFEE, LAVINE, ORTIZ, RAIA, SKARTADOS, SKOUFIS, OTIS --
Multi-Sponsored by -- M. of A. BRENNAN, COOK, GUNTHER, PERRY, RIVERA,
SALADINO, THIELE, WEISENBERG -- 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 A POPULATION OF LESS THAN ONE
MILLION PEOPLE TO IMPLEMENT FLOOD MITIGATION PLANS.
2. (A) THE COMMISSIONER SHALL ESTABLISH THE ELIGIBILITY CRITERIA AND
DEVELOP AN APPLICATION PROCESS TO AWARD GRANTS TO MUNICIPALITIES FOR
FLOOD CONTROL AND WATERSHED MANAGEMENT PROJECTS; AND FOR THE CAPITAL
COSTS RELATED TO THE DESIGN, PURCHASE AND INSTALLATION OF FLOOD WARNING
PROJECTS, FLOOD MITIGATION PROJECTS, FLOOD RELIEF PROJECTS OR OTHER
RELATED PROJECTS.
(B) THE COMMISSIONER MAY APPROVE ANY APPLICATION IN WHICH THE PROJECTS
DESCRIBED IN THE APPLICATION ARE (I) CONSISTENT WITH THE ELIGIBILITY
CRITERIA ESTABLISHED BY THE COMMISSIONER PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION; (II) UNDERTAKEN AS PART OF A COMPREHENSIVE FLOOD
MANAGEMENT PLAN PREPARED AND ADOPTED BY SUCH MUNICIPALITY OR PART OF A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08495-05-3
A. 6503 2
MULTI-MUNICIPAL PROJECT AS DESCRIBED IN SUBDIVISION THREE OF THIS
SECTION; AND (III) NOT INCONSISTENT WITH ANY STATE-WIDE FLOOD MANAGEMENT
PLAN.
(C) IF AN APPLICATION IS DISAPPROVED, THE COMMISSIONER SHALL SET FORTH
IN WRITING THE REASON FOR DISAPPROVAL.
3. RECOGNIZING THAT FLOOD MITIGATION EFFORTS FREQUENTLY CROSS OVER
MUNICIPAL BOUNDARIES, THE COMMISSIONER SHALL ENCOURAGE MUNICIPALITIES TO
FILE JOINT APPLICATIONS FOR THE FUNDING OF MULTI-MUNICIPAL PROJECTS.
SUCH PROJECTS SHALL REQUIRE THAT ONE OR MORE ADJACENT MUNICIPALITIES
JOINTLY AGREE TO APPLY FOR CAPITAL FUNDING FOR PROJECTS THAT IMPACT TWO
OR MORE MUNICIPALITIES, PROVIDED THAT THE GOVERNING BODY OF EACH MUNICI-
PALITY SHALL APPROVE THE MULTI-MUNICIPAL APPLICATION.
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 ten million dollars ($10,000,000) 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. 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, 2023.