senate Bill S6617B

Signed By Governor
2013-2014 Legislative Session

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

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Archive: Last Bill Status - 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
referred to ways and means
delivered to assembly
passed senate
Jun 16, 2014 amended on third reading 6617b
May 07, 2014 print number 6617a
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.623
May 07, 2014 amend and recommit to environmental conservation
Feb 14, 2014 referred to environmental conservation

Votes

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Bill Amendments

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

Co-Sponsors

S6617 - Bill Details

See Assembly Version of this Bill:
A6558B
Law Section:
Environmental Conservation Law
Laws Affected:
Amd En Con L, generally; amd §325, Ag & Mkts L; amd §1161, Pub Health L

S6617 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6617

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 OR GENERAL IDEA OF BILL: 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 SPECIFIC 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.

This bill is the same as Assemblyman Sweeney's bill A.6558.

PRIOR LEGISLATIVE HISTORY: 2013-died in Senate Environmental
Conservation Committee; P-Assembly 124-16.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: 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
________________________________________________________________________

                                  6617

                            I N  S E N A T E

                            February 14, 2014
                               ___________

Introduced  by  Sen.  SAVINO -- 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, 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10228-06-4

S. 6617                             2

  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
WEATHER-RELATED  DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER
EVENTS HAS BEEN CONSIDERED.

S. 6617                             3

  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 (f) to read as follows:
  (F)  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  13.  The department of state, in cooperation with the department of
environmental conservation, shall prepare model local laws that  include

S. 6617                             4

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

view additional co-sponsors

S6617A - Bill Details

See Assembly Version of this Bill:
A6558B
Law Section:
Environmental Conservation Law
Laws Affected:
Amd En Con L, generally; amd §325, Ag & Mkts L; amd §1161, Pub Health L

S6617A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6617A

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 OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure
that state monies and permits include consideration of the effects of
climate risk and extreme weather events.

SUMMARY OF SPECIFIC PROVISIONS: This bill would establish the
"Community Risk and Resiliency Act" that would:

* require consideration of climate risk including sea level rise,
storm surges and flooding, based on available data predicting the
likelihood of future extreme weather events in the following:

o State Smart Growth Infrastructure Policy Act;

o Water Pollution and Drinking Water Revolving funds

o Environmental Protection Fund (including municipal landfill gas
management projects, municipal parks, local waterfront revitalization
programs, coastal rehabilitation projects, and farmland protection);

o major permits issued pursuant to the Uniform Procedures Act;

* require the Department of State (DOS), in consultation with the
Department of Environmental Conservation (DEC) to prepare model local
laws concerning 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 to make such model laws available to municipalities;

* require DEC and DOS to develop additional guidance on the use of
resiliency measures that utilize natural resources and natural
processes to reduce risk; and,

* require DEC, no later than January 1, 2016 to adopt regulations
establishing science-based state sea level rise projections.

JUSTIFICATION: Extreme weather events and climate changes are becoming
more common. According to the National Oceanic and Atmospheric
Administration, March marked the 349th consecutive month with
above-av- erage temperatures. This means that people 28 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. 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 to encourage 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. The same is true
for programs funded by the Environmental Protection Fund such as the
Local Waterfront Revitalization Program. It is appropriate and
necessary for climate risk to be an eligible component of funding and
permitting and also for applicants to demonstrate that they have
considered climate change and extreme weather impacts on their
proposed projects.

PRIOR LEGISLATIVE HISTORY: 2014 - new bill in the Senate. Similar bill
in prior sessions.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: 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.

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

                                 6617--A

                            I N  S E N A T E

                            February 14, 2014
                               ___________

Introduced  by  Sens.  SAVINO,  HOYLMAN, LANZA, 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  commit-
  tee

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.
  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]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10228-12-4

S. 6617--A                          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, 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
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.

S. 6617--A                          3

  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
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

S. 6617--A                          4

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

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S6617B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6558B
Law Section:
Environmental Conservation Law
Laws Affected:
Amd En Con L, generally; amd §325, Ag & Mkts L; amd §1161, Pub Health L

S6617B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6617B

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 OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure
that state monies and permits include consideration of the effects of
climate risk and extreme weather events.

SUMMARY OF SPECIFIC PROVISIONS: This bill would establish the
"Community Risk and Resiliency Act" that would:

* require consideration of climate risk including sea level rise,
storm surges and flooding, based on available data predicting the
likelihood of future extreme weather events in the following:

o State Smart Growth Infrastructure Policy Act;

o Water Pollution and Drinking Water Revolving funds;

o Environmental Protection Fund (including municipal landfill gas
management projects, municipal parks, local waterfront revitalization
programs, coastal rehabilitation projects, and farmland protection);

o major permits issued pursuant to the Uniform Procedures Act;

* require the Department of State (DOS), in consultation with the
Department of Environmental Conservation (DEC) to prepare model local
laws concerning 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 to make such model laws available to municipalities;

* require DEC and DOS to develop additional guidance on the use of
resiliency measures that utilize natural resources and natural
processes to reduce risk; and,

* require DEC, no later than January 1, 2016 to adopt regulations
establishing science-based state sea level rise projections.

JUSTIFICATION: Extreme weather events and climate changes are becoming
more common. According to the National Oceanic and Atmospheric
Administration, March marked the 349th consecutive month with
above-average temperatures. This means that people 28 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. 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 to encourage 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. The same is true
for programs funded by the Environmental Protection Fund such as the
Local Waterfront Revitalization Program. It is appropriate and
necessary for climate risk to be an eligible component of funding and
permitting and also for applicants to demonstrate that they have
considered climate change and extreme weather impacts on their
proposed projects.

PRIOR LEGISLATIVE HISTORY: 2014 - new bill in the Senate. Similar bill
in prior sessions.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: 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
________________________________________________________________________

                                 6617--B
    Cal. No. 623

                            I N  S E N A T E

                            February 14, 2014
                               ___________

Introduced  by  Sens.  SAVINO,  ADDABBO, AVELLA, BOYLE, CARLUCCI, DILAN,
  ESPAILLAT,  GIANARIS,  GIPSON,  GRISANTI,  HASSELL-THOMPSON,  HOYLMAN,
  KLEIN,  KRUEGER, LANZA, LATIMER, LAVALLE, MARCELLINO, MARTINS, PARKER,
  PERALTA, PERKINS, SAMPSON, SERRANO, SMITH, SQUADRON, TKACZYK,  VALESKY
  -- 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  -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10228-19-4

S. 6617--B                          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  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
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. 6617--B                          3

  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-
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. 6617--B                          4

  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.
  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

S. 6617--B                          5

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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