assembly Bill A6558B

Signed By Governor
2013-2014 Legislative Session

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

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Sponsored By

Archive: Last Bill Status Via S6617 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 22, 2014 signed chap.355
Sep 19, 2014 delivered to governor
Jun 19, 2014 returned to senate
passed assembly
ordered to third reading cal.306
substituted for a6558b
Jun 19, 2014 substituted by s6617b
Jun 16, 2014 amended on third reading 6558b
vote reconsidered - restored to third reading
Jun 16, 2014 returned to assembly
recalled from senate
May 05, 2014 referred to environmental conservation
delivered to senate
passed assembly
Apr 29, 2014 amended on third reading 6558a
Jan 08, 2014 ordered to third reading cal.306
returned to assembly
died in senate
Apr 23, 2013 referred to environmental conservation
delivered to senate
passed assembly
Apr 18, 2013 advanced to third reading cal.174
Apr 16, 2013 reported
reported referred to ways and means
Apr 09, 2013 referred to environmental conservation

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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A6558 - Bill Details

See Senate Version of this Bill:
S6617B
Law Section:
Environmental Conservation Law
Laws Affected:
Amd En Con L, generally; amd §325, Ag & Mkts L; amd §1161, Pub Health L

A6558 - Bill Texts

view summary

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6558

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 9, 2013
                               ___________

Introduced  by  M.  of  A.  SWEENEY,  WEISENBERG, GLICK, LIFTON, JAFFEE,
  THIELE, ABINANTI, OTIS, ENGLEBRIGHT -- Multi-Sponsored by -- M. of  A.
  FAHY, ROSENTHAL -- read once and referred to the Committee on Environ-
  mental 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]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10228-01-3

A. 6558                             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 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

A. 6558                             3

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  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 (e) to read as follows:
  (E)  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-

A. 6558                             4

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
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.

Co-Sponsors

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A6558A - Bill Details

See Senate Version of this Bill:
S6617B
Law Section:
Environmental Conservation Law
Laws Affected:
Amd En Con L, generally; amd §325, Ag & Mkts L; amd §1161, Pub Health L

A6558A - Bill Texts

view summary

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6558--A
                                                        Cal. No. 306

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 9, 2013
                               ___________

Introduced  by  M.  of  A.  SWEENEY,  WEISENBERG, GLICK, LIFTON, JAFFEE,
  THIELE,  ABINANTI,  OTIS,  ENGLEBRIGHT,  ROSENTHAL,  ROZIC,   SCHIMEL,
  MOSLEY,  GOTTFRIED,  BARRETT,  LUPARDO,  GOLDFEDER,  COLTON, JACOBS --
  Multi-Sponsored by -- M.   of A. FAHY,  SKARTADOS  --  read  once  and
  referred to the Committee on Environmental Conservation -- advanced to
  a third reading, amended and ordered reprinted, retaining its place on
  the order of third reading

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10228-10-4

A. 6558--A                          2

  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]
  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

A. 6558--A                          3

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.
  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

A. 6558--A                          4

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, 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.

Co-Sponsors

view all co-sponsors

A6558B (ACTIVE) - Bill Details

See Senate Version of this Bill:
S6617B
Law Section:
Environmental Conservation Law
Laws Affected:
Amd En Con L, generally; amd §325, Ag & Mkts L; amd §1161, Pub Health L

A6558B (ACTIVE) - Bill Texts

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

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

                                 6558--B
                                                        Cal. No. 306

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 9, 2013
                               ___________

Introduced  by  M.  of  A.  SWEENEY,  WEISENBERG, GLICK, LIFTON, JAFFEE,
  THIELE,  ABINANTI,  OTIS,  ENGLEBRIGHT,  ROSENTHAL,  ROZIC,   SCHIMEL,
  MOSLEY,   GOTTFRIED,  BARRETT,  LUPARDO,  GOLDFEDER,  COLTON,  JACOBS,
  BUCHWALD, TITONE, ORTIZ, MAYER, SKOUFIS -- Multi-Sponsored by -- M. of
  A. BRONSON, FAHY, GALEF, MALLIOTAKIS, McDONALD, MILLMAN, RIVERA, SKAR-
  TADOS, WEINSTEIN -- read once and referred to the Committee  on  Envi-
  ronmental  Conservation  --  advanced  to a third reading, amended and
  ordered reprinted, retaining its place on the order of  third  reading
  --  passed  by Assembly and delivered to the Senate, recalled from the
  Senate, vote reconsidered, bill amended, ordered reprinted,  retaining
  its place on the order of third reading

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 PHYSICAL CLIMATE RISK DUE  TO  SEA  LEVEL  RISE,
AND/OR  STORM SURGES AND/OR 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10228-20-4

A. 6558--B                          2

PHYSICAL CLIMATE RISK DUE TO SEA LEVEL RISE, AND/OR STORM SURGES  AND/OR
FLOODING,  BASED  ON  AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE
EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF  APPLICA-
BLE.
  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]
  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 PHYSICAL CLIMATE RISK DUE  TO  SEA  LEVEL  RISE,  AND/OR
STORM  SURGES  AND/OR  FLOODING,  BASED ON AVAILABLE DATA PREDICTING THE
LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANAL-
YSIS DATA IF APPLICABLE.
  S 5. Paragraph b of subdivision 1 of section 40-0113 of  the  environ-
mental conservation law, as added by chapter 672 of the laws of 1986, is
amended to read as follows:
  b. Minimum standards and schedules for design, construction, installa-
tion, operation, maintenance, repair, monitoring, testing and inspection
of  facilities.  Schedules  shall  be  based  on factors such as type of
facility, type and quantity of  hazardous  substances  stored,  facility
age,  condition  and  construction  type,  soil  conditions, location of
facility relative to water supplies, surrounding population,  and  other
environmental  factors  INCLUDING  BUT  NOT  LIMITED  TO FUTURE PHYSICAL
CLIMATE RISK DUE TO SEA LEVEL RISE, AND/OR STORM SURGES AND/OR FLOODING,
BASED ON AVAILABLE DATA PREDICTING  THE  LIKELIHOOD  OF  FUTURE  EXTREME
WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF AVAILABLE.
  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  PHYSICAL
CLIMATE RISK DUE TO SEA LEVEL RISE, AND/OR STORM SURGES AND/OR FLOODING,
BASED  ON  AVAILABLE  DATA  PREDICTING  THE LIKELIHOOD OF FUTURE EXTREME
WEATHER EVENTS, INCLUDING 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 PHYSICAL CLIMATE RISK DUE TO SEA LEVEL
RISE, AND/OR STORM SURGES  AND/OR  FLOODING,  BASED  ON  AVAILABLE  DATA
PREDICTING  THE  LIKELIHOOD  OF FUTURE EXTREME WEATHER EVENTS, INCLUDING
HAZARD RISK ANALYSIS DATA IF APPLICABLE, HAS  BEEN  CONSIDERED  AND  THE
MUNICIPALITY,  NOT-FOR-PROFIT  CORPORATION OR UNINCORPORATED ASSOCIATION
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

A. 6558--B                          3

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 PHYSICAL CLIMATE RISK DUE TO SEA LEVEL  RISE,  AND/OR  STORM
SURGES  AND/OR  FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELI-
HOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING  HAZARD  RISK  ANALYSIS
DATA IF APPLICABLE, HAS BEEN CONSIDERED, shall have been submitted.
  S  9.  Subdivision 1 of section 17-1015 of the environmental conserva-
tion law, as amended by chapter 334 of the laws of 2008, is  amended  to
read as follows:
  1.  The department shall, pursuant to section 17-0303 of this article,
promulgate rules and regulations establishing standards for existing and
new petroleum bulk storage facilities which shall include,  but  not  be
limited  to,  design, equipment requirements, construction, installation
and maintenance. In proposing, preparing and compiling  such  rules  and
regulations,  the  department  shall INCLUDE CONSIDERATION OF THE FUTURE
PHYSICAL CLIMATE RISK DUE TO SEA LEVEL RISE, AND/OR STORM SURGES  AND/OR
FLOODING,  BASED  ON  AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE
EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF  APPLICA-
BLE.  THE DEPARTMENT SHALL consult with the state petroleum bulk storage
code advisory council IN PROPOSING, PREPARING AND COMPILING  SUCH  RULES
AND  REGULATIONS.    In  addition, the department shall consult with the
state fire prevention and building code  council  to  assure  that  such
rules  and  regulations  are consistent with the uniform fire prevention
and building code.
  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 PHYSICAL CLIMATE RISKS.  Eligi-
ble 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
PHYSICAL  CLIMATE RISK DUE TO SEA LEVEL RISE, AND/OR STORM SURGES AND/OR
FLOODING, BASED ON AVAILABLE DATA PREDICTING THE  LIKELIHOOD  OF  FUTURE
EXTREME  WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICA-
BLE, 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-

A. 6558--B                          4

SIONER DETERMINES THAT FUTURE PHYSICAL CLIMATE RISK  DUE  TO  SEA  LEVEL
RISE,  AND/OR  STORM  SURGES  AND/OR  FLOODING,  BASED ON AVAILABLE DATA
PREDICTING THE LIKELIHOOD 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  PHYSICAL  CLIMATE RISK DUE TO SEA LEVEL RISE,
AND/OR STORM SURGES AND/OR 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
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
PHYSICAL  CLIMATE RISK DUE TO SEA LEVEL RISE, AND/OR STORM SURGES AND/OR
FLOODING, BASED ON AVAILABLE DATA PREDICTING THE  LIKELIHOOD  OF  FUTURE
EXTREME  WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICA-
BLE; 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  future  physical  climate risk due to sea level rise,
and/or storm surges and/or 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 14-a. Section 23-0305  of  the  environmental  conservation  law  is
amended by adding a new subdivision 8-a to read as follows:
  8-A.  THE  DEPARTMENT  SHALL  INCLUDE CONSIDERATION OF FUTURE PHYSICAL
CLIMATE RISK DUE TO SEA LEVEL RISE, AND/OR STORM SURGES AND/OR FLOODING,
BASED ON AVAILABLE DATA PREDICTING THE  LIKELIHOOD  OF  EXTREME  WEATHER
EVENTS,  INCLUDING  HAZARD  RISK ANALYSIS DATA IF APPLICABLE, TO PERMITS
ISSUED PURSUANT TO TITLE FIVE OF THIS ARTICLE.
  S 15. Section 70-0117 of the environmental conservation law is amended
by adding a new subdivision 9 to read as follows:
  9. APPLICANTS FOR MAJOR PROJECTS. APPLICANTS FOR  MAJOR  PROJECTS  FOR
THE  REGULATORY  PROGRAMS OF PARAGRAPHS (A), (F), (H), (I), (J), (K) AND
(M) OF SUBDIVISION 3  OF  SECTION  70-0107  OF  THIS  ARTICLE  SHALL  BE
REQUIRED  TO  DEMONSTRATE  THAT  FUTURE PHYSICAL CLIMATE RISK DUE TO SEA
LEVEL RISE, AND/OR STORM SURGES AND/OR FLOODING, BASED ON AVAILABLE DATA
PREDICTING THE LIKELIHOOD OF FUTURE EXTREME  WEATHER  EVENTS,  INCLUDING
HAZARD RISK ANALYSIS DATA IF APPLICABLE, HAS BEEN CONSIDERED.

A. 6558--B                          5

  S  16.  The  department of environmental conservation, in consultation
with the department of state,  no  later  than  January  1,  2017  shall
prepare  guidance  on  the implementation of this act, including but not
limited to available and relevant data sets and risk analysis tools  and
available  data  predicting  the  likelihood  of  future extreme weather
events.  In addition, the department of environmental  conservation  and
the  department of state shall develop additional 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
section 3-0319 to read as follows:
S 3-0319. 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,  REPORTS  OF  THE
INTERGOVERNMENTAL  PANEL  ON  CLIMATE CHANGE, THE NATIONAL OCEANIC ATMO-
SPHERIC ADMINISTRATION CLIMATE ASSESSMENT, THE SEA LEVEL RISE TASK FORCE
REPORT CREATED PURSUANT TO CHAPTER SIX HUNDRED THIRTEEN OF THE  LAWS  OF
TWO  THOUSAND  SEVEN, PROJECTIONS PREPARED BY THE NEW YORK CITY PANEL ON
CLIMATE CHANGE AND ANY OTHER RELEVANT REGIONAL, STATE AND LOCAL REPORTS.
THE DEPARTMENT SHALL UPDATE SUCH REGULATIONS NO  LESS  THAN  EVERY  FIVE
YEARS.
  S  18.  Nothing  in this act shall limit the existing authority of the
department of environmental conservation to address climate risk due  to
sea level rise, storm surges, and flooding.
  S  19.  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 the adoption of guidance on the implemen-
tation of this act but no later than January 1, 2017.

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