senate Bill S4503A

2013-2014 Legislative Session

Enacts the flood mitigation council act

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Sponsored By

Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2014 reported and committed to finance
Jan 24, 2014 print number 4503b
amend and recommit to environmental conservation
Jan 08, 2014 referred to environmental conservation
May 23, 2013 print number 4503a
amend (t) and recommit to environmental conservation
Apr 05, 2013 referred to environmental conservation

Bill Amendments

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

Co-Sponsors

S4503 - Bill Details

See Assembly Version of this Bill:
A6537A
Current Committee:
Law Section:
Environmental Conservation Law
Versions Introduced in 2013-2014 Legislative Session:
A6537

S4503 - Bill Texts

view summary

Establishes the flood mitigation and prevention task force to evaluate ways of protecting communities and residents of the state from flooding.

view sponsor memo
BILL NUMBER:S4503

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to enacting the flood mitigation council act

PURPOSE OR GENERAL IDEA OF BILL: To establish a flood mitigation
council to be based within the New York State Department of
Environmental Conservation, including representatives of various
agencies and local government officials, to identify regions most
affected by flooding, prioritize mitigation efforts, identify sources
of funding, and support additional research on mitigation efforts.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 sets out the title the
"Flood Mitigation Council Act."

Section 2 establishes legislative findings concerning the increased
frequency and severity of flooding throughout New York State.

Section 3 (i) amends the environmental conservation law by adding a
new section establishing a flood mitigation council in the Department
of Environmental Conservation and setting out its definition and
mission. The Council shall be composed of between eleven and fifteen
members appointed by the commissioner, including representatives of
the U.S. Army Corps of Engineers; New York State Departments of
Environmental Conservation and Transportation; the New York State
Office of Parks, Recreation, and Historic Preservation; the New York
office of Emergency Management; the New York State Division of
Homeland Security and Emergency Services; and representatives of flood
prone counties and municipalities. The council shall develop
guidelines for identifying and identify the scope and nature of the
flooding throughout the state, prioritize projects, identify sources
of funding, and support additional research to better understand the
effects of flooding.

Section 3(ii)(a) establishes that the flood mitigation council shall:
assess and quantify the extent and magnitude of the state-wide effects
caused by flooding, including identifying populations and regions most
affected, prioritizing regions and projects, and identifying
technologies and strategies which can mitigate the impact of flooding
on residents and infrastructure.

Section 3(ii)(b) establishes that the flood council shall identify
potential sources of funding to support mitigation efforts.

Section 3(ii)(c) establishes that the flood council shall undertake
research projects or studies to better understand how flooding affects
residents and infrastructure of the state. Section 3(ii)(d) sets out
that the flood council shall make recommendations to the governor and
the state legislature on how the state can best use its resources to
assist flood-prone counties.

Section 4. establishes the effective date.

JUSTIFICATION: The increasing frequency and severity of flooding
throughout the state has underscored the need for greater coordination
of efforts among levels of government, agencies, and regions with


responsibilities to address flooding. This bill begins to address this
deficiency.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: To Be Determined (Fiscal Note Required)

EFFECTIVE DATE: January 1, 2014

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

                                  4503

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 5, 2013
                               ___________

Introduced  by  Sen. LATIMER -- 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,  in  relation  to
  enacting the flood mitigation council act

  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 "flood mitigation council act".
  S  2. Legislative findings. The legislature finds that: climate change
has produced increased frequency and severity of flooding throughout New
York state. This is particularly underscored by the effects of Hurricane
Sandy and other storms throughout the state.
  S 3. The environmental conservation law is amended  by  adding  a  new
section 16-0121 to read as follows:
S 16-0121. FLOOD MITIGATION COUNCIL.
  1.  THERE  IS  HEREBY ESTABLISHED IN THE DEPARTMENT A FLOOD MITIGATION
COUNCIL. SUCH COUNCIL SHALL BE COMPOSED OF NOT LESS THAN ELEVEN  MEMBERS
AND  NO MORE THAN SIXTEEN MEMBERS, WHICH SHALL INCLUDE THE COMMISSIONER,
WHO SHALL BE THE CHAIR OF  THE  COUNCIL,  THE  COMMISSIONER  OF  GENERAL
SERVICES  WHO  SHALL SERVE AS AN EX-OFFICIO MEMBER OF THE COUNCIL, AND A
MINIMUM OF TEN MEMBERS AND A MAXIMUM OF FOURTEEN  MEMBERS  APPOINTED  BY
THE  COMMISSIONER.  THE  MEMBERS  APPOINTED  BY  THE  COMMISSIONER SHALL
INCLUDE PERSONS REPRESENTING THE FOLLOWING INTERESTS:    THE  U.S.  ARMY
CORPS  OF  ENGINEERS;  THE  NEW  YORK STATE DEPARTMENTS OF ENVIRONMENTAL
CONSERVATION AND TRANSPORTATION; THE NEW YORK  STATE  OFFICE  OF  PARKS,
RECREATION AND HISTORIC PRESERVATION; THE NEW YORK STATE OFFICE OF EMER-
GENCY  MANAGEMENT;  THE NEW YORK STATE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES; AND FLOOD-PRONE  COUNTIES  AND  MUNICIPALITIES.  THE
MEMBERSHIP  OF  THE  COUNCIL  SHALL REPRESENT THOSE GEOGRAPHIC AREAS AND
REGIONS IN THIS STATE THAT ARE LIKELY TO  SUFFER  FROM  THE  EFFECTS  OF
FLOODING.  THE  MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09320-02-3

S. 4503                             2

THEIR SERVICES BUT  SHALL  BE  REIMBURSED  THEIR  ACTUAL  AND  NECESSARY
EXPENSES  INCURRED  IN  THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS
SECTION.
  2. THE FLOOD MITIGATION COUNCIL SHALL:
  A.  ASSESS AND QUANTIFY THE EXTENT AND MAGNITUDE OF THE PROBLEM STATE-
WIDE CAUSED BY FLOODING, INCLUDING IDENTIFYING THOSE REGIONS  AND  POPU-
LATIONS  MOST  AFFECTED  BY FLOODING; DEVELOPING CRITERIA AND GUIDELINES
FOR IDENTIFYING AND PRIORITIZING REGIONS AND PROJECTS MOST  IN  NEED  OF
MITIGATION;  AND IDENTIFYING EXISTING AND EMERGING TECHNOLOGIES, STRATE-
GIES AND CONCEPTS WHICH CAN MITIGATE THE IMPACT  OF  FLOODING  ON  POPU-
LATIONS AND INFRASTRUCTURE;
  B.  IDENTIFY POTENTIAL FUNDING SOURCES TO SUPPORT RESIDENTIAL, COMMER-
CIAL AND PUBLIC MITIGATION EFFORTS; AND
  C. UNDERTAKE RESEARCH PROJECTS OR STUDIES  TO  BETTER  UNDERSTAND  HOW
FLOODING AFFECTS THE GEOGRAPHY AND THE POPULATION OF THIS STATE; AND
  D.  MAKE  RECOMMENDATIONS TO THE GOVERNOR AND THE STATE LEGISLATURE ON
HOW THE STATE CAN BEST USE ITS RESOURCES TO ASSIST FLOOD-PRONE  COUNTIES
AND MUNICIPALITIES TO PREVENT OR MITIGATE THE EFFECTS OF FLOODING.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become law.

Co-Sponsors

S4503A - Bill Details

See Assembly Version of this Bill:
A6537A
Current Committee:
Law Section:
Environmental Conservation Law
Versions Introduced in 2013-2014 Legislative Session:
A6537

S4503A - Bill Texts

view summary

Establishes the flood mitigation and prevention task force to evaluate ways of protecting communities and residents of the state from flooding.

view sponsor memo
BILL NUMBER:S4503A

TITLE OF BILL: An act relating to establishing the flood mitigation
and prevention task force; and providing for the repeal of such
provisions upon the expiration thereof

PURPOSE OR GENERAL IDEA OF BILL: To establish a flood mitigation and
flood prevention task force based within the New York State Department
of Environmental Conservation, including representatives of various
agencies and local government officials, to identify regions most
affected by flooding, prioritize mitigation efforts, identify sources
of funding, and support additional research on mitigation efforts.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes the flood mitigation task force with eleven
members consisting of the commissioner of the department environmental
conservation or his/her designee, the commissioner of general services
or his/her designee, the commissioner of the department of
transportation or his/ her designee, the director of the state
emergency management office or his/her designee, the commissioner of
the New York state division of homeland security or his/her designee,
two members appointed by the speaker of the assembly, one member
appointed by the minority leader of the senate, one member appointed
by the minority leader of the assembly and two members appointed by
the temporary president of the senate.

Subsection 2 sets forth that the task force should include members
representing flood-prone municipalities and counties.

Subsection 3 states that members will not receive any compensation but
will be reimbursed for actual and necessary expenses sustained in the
course of their duties.

Subsection 4 requires the task force meet no less than four times at
the call of the chairperson.

Subsection 5 provides that any vacancies should be filled by ways of
the initial appointment.

Subsection 6 authorizes the task force to hold public hearings and
meetings.

Subsection 7 allows the task force to consult with organizations like
the army corps of engineers to help develop the report required by
subdivision 10 of this section.

Subsection 8 requires the department of environmental conservation to
provide the necessary facilities, data and assistance to allow the
task force to carry out its responsibilities.

Subsection 9 establishes the purpose of the flood mitigation/task
force to evaluate ways of protecting New York's communities and
residents from flooding including inland flooding.

Subsection 10 states that no later than December 31, 2015 the task
force shall submit a report to the temporary president of the senate,


the speaker of the assembly and the governor. The report must contain
an evaluation of the severity of the flooding, criteria and guidelines
for identifying regions and projects, most in need of mitigation,
identification of possible funding sources, research studies to better
understand how flooding effects the geography and population of the
state and recommendations to the governor and state legislature on how
the state should use resources to prevent or mitigate flooding.

Section 2 sets an immediate effective date

JUSTIFICATION: The increasing frequency and severity of flooding
throughout the state has underscored the need for greater coordination
of efforts among levels of government, agencies, and regions with
responsibilities to address flooding. This bill begins to address this
deficiency

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: To Be Determined (Fiscal Note Required)

EFFECTIVE DATE: January 1, 2016

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

                                 4503--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 5, 2013
                               ___________

Introduced  by Sens. LATIMER, TKACZYK -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation  -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN ACT relating to establishing the flood mitigation and prevention task
  force; and providing for the repeal of such provisions upon the  expi-
  ration thereof

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

  Section 1. 1. There is hereby established in the department  of  envi-
ronmental  conservation  a  flood  mitigation  and prevention task force
("task force") to consist of eleven members who shall  be  appointed  as
follows:
  (a)  the  commissioner  of  environmental  conservation  or his or her
designee;
  (b) the commissioner of general services or his or her designee;
  (c) the commissioner of the department of transportation or his or her
designee;
  (d) the director of the state emergency management office  or  his  or
her designee;
  (e)  the commissioner of the New York state division of homeland secu-
rity and emergency services or his or her designee;
  (f) two members to be appointed by the speaker of the assembly;
  (g) one member to be appointed by the minority leader of the senate;
  (h) one member to be appointed by the minority leader of the assembly;
  (i) two members to be appointed by  the  temporary  president  of  the
senate;
  2.  The  at-large  members  should  include  individuals who represent
flood-prone municipalities and counties.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09320-08-3

S. 4503--A                          2

  3. Task force members shall receive no compensation for their services
but shall be reimbursed for actual, 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 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 army corps of engineers, in the development of the
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 flood mitigation/prevention task force shall be
to evaluate ways of protecting New York's communities and residents from
flooding, including inland flooding, and  applying  the  best  available
science and research to examine flooding-related issues and impacts.
  10.  No later than December 31, 2015, the task force shall transmit to
the governor, the temporary president of the senate and the  speaker  of
the assembly a report containing:
  (a) an assessment of the extent and magnitude of the problem statewide
caused  by flooding, including identifying those regions and populations
most affected by flooding;
  (b) criteria and guidelines for identifying and  prioritizing  regions
and projects most in need of mitigation;
  (c)  identification  of existing and emerging technologies, strategies
and concepts which can mitigate the impact of  flooding  on  populations
and infrastructure;
  (d)  identification  of  potential funding sources to support residen-
tial, commercial and public mitigation efforts;
  (e) research projects or studies to  better  understand  how  flooding
affects the geography and the population of this state; and
  (f)  recommendations  to the governor and the state legislature on how
the state can best use its resources to assist flood-prone counties  and
municipalities to prevent or mitigate the effects of flooding.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed January 1, 2016.

Co-Sponsors

S4503B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6537A
Current Committee:
Law Section:
Environmental Conservation Law
Versions Introduced in 2013-2014 Legislative Session:
A6537

S4503B (ACTIVE) - Bill Texts

view summary

Establishes the flood mitigation and prevention task force to evaluate ways of protecting communities and residents of the state from flooding.

view sponsor memo
BILL NUMBER:S4503B

TITLE OF BILL: An act relating to establishing the flood mitigation and
prevention task force; and providing for the repeal of such provisions
upon the expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

To establish a flood mitigation and flood prevention task force based
within the New York State Department of Environmental Conservation,
including representatives of various agencies and local government offi-
cials, to identify regions most affected by flooding, prioritize miti-
gation efforts, identify sources of funding, and support additional
research on mitigation efforts.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes the flood mitigation task force with eleven
members consisting of the commissioner of the department environmental
conservation or his/her designee, the commissioner of general services
or his/her designee, the commissioner of the department of transporta-
tion or his/ her designee, the director of the state emergency manage-
ment office or his/her designee, the commissioner of the New York state
division of homeland security or his/her designee, two members appointed
by the speaker of the assembly, one member appointed by the minority
leader of the senate, one member appointed by the minority leader of the
assembly and two members appointed by the temporary president of the
senate.

Section 2 sets forth that the task force should include members repres-
enting flood-prone municipalities and counties.

Section 3 states that members will not receive any compensation but will
be reimbursed for actual and necessary expenses sustained in the course
of their duties.

Section 4 requires the task force meet no less than four times at the
call of the chairperson. Section 5 provides that any vacancies should be
filled by ways of the initial appointment. Section 6 authorizes the task
force to hold public hearings and meetings.

Section 7 allows the task force to consult with organizations like the
army corps of engineers to help develop the report required by subdivi-
sion 10 of this section.

Section 8 requires the department of environmental conservation to
provide the necessary facilities, data and assistance to allow the task
force to carry out its responsibilities.

Section 9 establishes the purpose of the flood mitigation/task force to
evaluate ways of protecting New York's communities and residents from
flooding including inland flooding.

Section 10 states that no later than December 31, 2015 the task force
shall submit a report to the temporary president of the senate, the
speaker of the assembly and the governor. The report must contain an
evaluation of the severity of the flooding, criteria and guidelines for
identifying regions and projects most in need of mitigation, identifica-
tion of possible funding sources, research studies to better understand
how flooding effects the geography and population of the state and
recommendations to the governor and state legislature on how the state
should use resources to prevent or mitigate flooding.

Section 11 sets an immediate effective date.

JUSTIFICATION:

The increasing frequency and severity of flooding throughout the state
has underscored the need for greater coordination of efforts among
levels of government, agencies, and regions with responsibilities to
address flooding. This bill begins to address this deficiency.

PRIOR LEGISLATIVE HISTORY:

01/09/13 - 01/12/13 Environmental Conservation Committee

FISCAL IMPLICATIONS:

To Be Determined.

EFFECTIVE DATE:

January 1, 2017.

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

                                 4503--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 5, 2013
                               ___________

Introduced  by Sens. LATIMER, TKACZYK -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation  -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee  --  recommitted  to  the
  Committee on Environmental Conservation in accordance with Senate Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT relating to establishing the flood mitigation and prevention task
  force; and providing for the repeal of such provisions upon the  expi-
  ration thereof

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

  Section 1. 1. There is hereby established in the department  of  envi-
ronmental  conservation  a  flood  mitigation  and prevention task force
("task force") to consist of eleven members who shall  be  appointed  as
follows:
  (a)  the  commissioner  of  environmental  conservation  or his or her
designee;
  (b) the commissioner of general services or his or her designee;
  (c) the commissioner of the department of transportation or his or her
designee;
  (d) the director of the state emergency management office  or  his  or
her designee;
  (e)  the commissioner of the New York state division of homeland secu-
rity and emergency services or his or her designee;
  (f) two members to be appointed by the speaker of the assembly;
  (g) one member to be appointed by the minority leader of the senate;
  (h) one member to be appointed by the minority leader of the assembly;
  (i) two members to be appointed by  the  temporary  president  of  the
senate;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09320-09-4

S. 4503--B                          2

  2.  The  at-large  members  should  include  individuals who represent
flood-prone municipalities and counties.
  3. Task force members shall receive no compensation for their services
but  shall  be reimbursed for actual, 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 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 army corps of engineers, in the development  of  the
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 flood mitigation/prevention task force shall  be
to evaluate ways of protecting New York's communities and residents from
flooding,  including  inland  flooding,  and applying the best available
science and research to examine flooding-related issues and impacts.
  10. No later than December 31, 2016, the task force shall transmit  to
the  governor,  the temporary president of the senate and the speaker of
the assembly a report containing:
  (a) an assessment of the extent and magnitude of the problem statewide
caused by flooding, including identifying those regions and  populations
most affected by flooding;
  (b)  criteria  and guidelines for identifying and prioritizing regions
and projects most in need of mitigation;
  (c) identification of existing and emerging  technologies,  strategies
and  concepts  which  can mitigate the impact of flooding on populations
and infrastructure;
  (d) identification of potential funding sources  to  support  residen-
tial, commercial and public mitigation efforts;
  (e)  research  projects  or  studies to better understand how flooding
affects the geography and the population of this state; and
  (f) recommendations to the governor and the state legislature  on  how
the  state can best use its resources to assist flood-prone counties and
municipalities to prevent or mitigate the effects of flooding.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed January 1, 2017.

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