senate Bill S5138

2013-2014 Legislative Session

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

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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 21, 2013 committed to rules
Jun 04, 2013 advanced to third reading
Jun 03, 2013 2nd report cal.
May 30, 2013 1st report cal.822
May 10, 2013 referred to environmental conservation

Votes

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May 30, 2013 - Environmental Conservation committee Vote

S5138
10
0
committee
10
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Environmental Conservation Committee Vote: May 30, 2013

aye wr (2)

Co-Sponsors

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S5138 - Bill Details

See Assembly Version of this Bill:
A6558
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Amd En Con L, generally; amd §325, Ag & Mkts L; amd §1161, Pub Health L

S5138 - Bill Texts

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

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BILL NUMBER:S5138

TITLE OF BILL: An act to amend the environmental conservation law,
the agriculture and markets law and the public health law, in relation
to the consideration of future climate risk including sea level rise
projections and other weather-related data; and in relation to
requiring the preparation of model local zoning laws relating to
climate risk

PURPOSE:

The purpose of this bill is to ensure that state monies and permits
include consideration of the effects of climate change and extreme
weather events.

SUMMARY OF PROVISIONS:

This bill would:

*amend the "State Smart Growth Infrastructure Policy Act" to include
the goal of mitigating future climate change impacts by considering
sea level rise projections and available weather-related data
predicting the likelihood of future extreme weather events;

*amend the water pollution and drinking water revolving funds to
include consideration of future climate change and other
weather-related data as part of the review process;

*amend the programs within the Environmental Protection Fund,
including municipal landfill gas management projects, municipal parks,
local waterfront revitalization programs, coastal rehabilitation
projects, farmland protection to require consideration of future
climate change as part of the application and review process;

*require certain major permits issued pursuant to the Uniform
Procedures Act to include consideration of climate risk; and,

*require the Department of State, in consultation with the Department
of Environmental Conservation to prepare model local laws concerning
climate change and to make such model laws available to
municipalities.

JUSTIFICATION:

Extreme weather events and climate change are becoming more common.
According to the National Oceanic and Atmospheric Administration,
December marked the 334th consecutive month with above-average
temperatures. This means that people 27 years old or younger have
never lived through a month that was colder than average. In addition,
the National Climate Assessment and Development Advisory Committee
report indicates "The Northeast has experienced a greater increase in
extreme precipitation over the past few decades than any other region
in the United States. Since 1958, the Northeast has seen a 74 percent
increase in the amount of precipitation falling in very heavy events."

Future extreme weather events will also be compounded by sea level
rise. Sea level rise in the Northeast is expected to exceed the global


average. As a result, the chance of what is now a 1-in-10-year coastal
flood event in the Northeast could triple by 2100, occurring roughly
once every three years, simply in response to higher sea levels. This
means that between one-half million and 2.3 million people will be at
risk from flooding due only to sea level rise.

These statistics have been illustrated most recently by the
devastating impacts of Hurricane Sandy, Lee and Irene. In addition to
the tragic loss of life, property and environmental damage, there is
also an economic cost of extreme weather events. The financial toll of
Hurricane Sandy on New York is estimated to be at least $42 billion
dollars.

This legislation is intended to encourage advance planning for extreme
weather events and for the consideration of the effects of climate
change. For example, the water and sewage treatment plants within the
State sustained extensive damage as a result of Hurricane Sandy. As
funding and permitting decisions are made regarding such plants in the
future, decisions about the potential for damage from other extreme
weather events should be considered. State funding is a limited
resource and it is appropriate that consideration be given to climate
risk and extreme weather events in order to ensure the long term
viability of funded projects. The same is true for Environmental
Protection Fund programs such as the Local Waterfront Revitalization
Program, in which municipalities are provided with funding to help
develop long-term waterfront zoning.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect on the 180th day and shall apply to all
applications and/or permits received after such date.

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

                                  5138

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

Introduced by Sens. FUSCHILLO, GRISANTI -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  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]
  h. The nature of the probable environmental impact, including specifi-
cation of the predictable adverse effects on the natural environment and

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

S. 5138                             2

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
FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS  AND  AVAILABLE

S. 5138                             3

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-
ER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER;  and
[(v)] (VI) compliance with state and federal law, rules and regulations.

S. 5138                             4

  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.

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