S. 4999 2
a rapid pace and with them the natural infrastructure that protects the
shore from floods, wave attack and erosion. Sea level rise and coastal
hazards will cause all shoreline ecosystems to become more frequently
inundated. Low-lying locations will become permanently submerged. Habi-
tats and the species associated with them may migrate landward; this
migration, however, will be impeded by the density of development on
much of the state's shoreline and the widespread hardening of that
shoreline.
The legislature also finds that current investment and land-use plan-
ning practices by both New York state and local governments are encour-
aging development in areas at high risk of coastal flooding and erosion.
The legislature further finds that existing maps of New York state's
coast that identify communities, habitats and infrastructure at greatest
risk of flooding and erosion, including those of the Federal Emergency
Management Agency, are inaccurate, out of date, not detailed enough for
planning and regulatory purposes and fail to incorporate historic and
projected sea level rise.
The legislature finds that there are low-cost, high-benefit actions,
including those recommended in the report by the New York state Sea
Level Rise Task Force, commissioned by the New York state legislature,
that can be taken now to reduce vulnerability along New York state's
coastline.
Therefore, the legislature finds that the purpose of this act is to
provide guidance and to encourage public and private interests to act
collectively to: integrate and coordinate existing efforts to address
sea level rise and coastal hazards; identify and make recommendations to
mitigate harms from sea level rise and coastal hazards; make recommenda-
tions on methods to protect the value of existing public and private
investment that has already been made in vulnerable coastal regions; and
provide direction for state and local governments to protect, preserve
and properly manage the unique challenges of sea level rise and coastal
hazards along New York state's coastline for the benefit of existing and
future generations.
S 3. Section 911 of the executive law is amended by adding three new
subdivisions 8, 9 and 10 to read as follows:
8. "SEA LEVEL RISE" MEANS THE MEAN INCREASE IN SEA LEVEL RELATIVE TO
SHORELINE, CALCULATED YEARLY, WITHIN A DEFINED AREA.
9. "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF
COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS.
COASTAL RISK MANAGEMENT ZONES WILL BE IDENTIFIED BY THE SECRETARY OF
STATE ACCORDING TO THE PURPOSES AND POLICIES IDENTIFIED IN SECTION NINE
HUNDRED FOURTEEN-A OF THIS ARTICLE, AND ARE AS SHOWN ON THE COASTAL RISK
MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE AS
REQUIRED IN SECTION NINE HUNDRED FOURTEEN-A OF THIS ARTICLE.
10. "COASTAL HAZARDS" MEANS THE RANGE OF ENVIRONMENTAL PROCESSES AND
EVENTS THAT MAY AFFECT COASTLINES OR HUMAN ACTIVITY NEAR COASTLINES, AND
IT INCLUDES BUT IS NOT LIMITED TO SEA LEVEL RISE, RISING GROUNDWATER,
COASTAL FLOODING, STORM SURGE, COASTAL STORMS, OR SALTWATER INTRUSION.
S 4. Section 912 of the executive law is amended by adding a new
subdivision 17 to read as follows:
17. TO FACILITATE ADAPTATION TO SEA LEVEL RISE AT THE STATE AND LOCAL
LEVEL, PARTICULARLY WITHIN COASTAL AREAS.
S 5. The executive law is amended by adding a new section 914-a to
read as follows:
S. 4999 3
S 914-A. COASTAL RISK MANAGEMENT ZONES. 1. THE COASTAL RISK MANAGEMENT
ZONE IS HEREBY ADOPTED AS PART OF THIS ARTICLE AS THOUGH FULLY INCORPO-
RATED HEREIN. SUCH ZONES DELINEATE THE AREA WITHIN WHICH THE COASTAL
RISK MANAGEMENT POLICIES AND PURPOSES SHALL APPLY.
2. THE COASTAL RISK MANAGEMENT ZONE SHALL INCLUDE, AT A MINIMUM, THOSE
AREAS DESIGNATED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO
INCLUDE COASTAL HIGH-HAZARD AREAS AS IDENTIFIED BY FEMA AND DEFINED BY
SECTION 9.4, CHAPTER ONE, IN TITLE 44 OF THE CODE OF FEDERAL REGU-
LATIONS, AS SUCH DESIGNATIONS ARE AMENDED FROM TIME TO TIME; HOWEVER,
NOTHING IN THIS SECTION LIMITS THE COASTAL RISK MANAGEMENT ZONE TO AREAS
SO DESIGNATED.
3. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL IDENTIFY WITHIN
THE COASTAL RISK MANAGEMENT ZONE:
(A) COASTAL AREAS AT GREATEST RISK FROM SEA LEVEL RISE,
(B) AREAS AT RISK FROM STORM SURGE WITH CURRENT SEA LEVELS, AND
(C) AREAS THAT ARE LIKELY TO BE AT RISK FROM STORM SURGE DUE TO SEA
LEVEL RISE IN THE FUTURE THROUGH YEAR TWO THOUSAND ONE HUNDRED.
A REPRESENTATION OF THESE AREAS OF RISK, ALONG WITH THE METHODOLOGY
AND CRITERIA FOR ASSIGNING GIVEN LEVELS OF RISK, SHALL BE MADE AVAILABLE
TO LOCAL GOVERNMENTS AND THE PUBLIC.
4. A REPRESENTATION OF THE COASTAL RISK MANAGEMENT ZONES SHALL BE ON
FILE IN THE OFFICE OF THE SECRETARY OF STATE. THE SECRETARY OF STATE
SHALL FILE WITH THE CLERK OF EACH COUNTY AND LOCAL GOVERNMENT WHICH HAS
ANY PORTION OF ITS JURISDICTION WITHIN THE ZONE, A COPY OF THE REPRESEN-
TATION OF SUCH AFFECTED PORTION OF THE ZONE AND A COPY OF THE REPRESEN-
TATION OF THE ZONE OF THE AFFECTED PORTION OF ANY ADJACENT MUNICIPALITY.
THE SECRETARY OF STATE SHALL PROVIDE A COPY OF THE REPRESENTATION OF THE
COASTAL RISK MANAGEMENT ZONE TO EACH STATE AGENCY HAVING JURISDICTION
OVER PROGRAMS IDENTIFIED PURSUANT TO THIS ARTICLE AND THE REPRESENTATION
OF THE COASTAL RISK MANAGEMENT ZONES SHALL BE MADE AVAILABLE TO THE
PUBLIC ON A GOVERNMENT WEBSITE. THE SECRETARY OF STATE, ON ITS OWN
INITIATIVE OR ON PETITION SUBMITTED FROM ANY PERSON, MAY AMEND THE COAS-
TAL RISK MANAGEMENT ZONE TO CORRECT ERRORS, REFLECT NEW INFORMATION OR
EVENTS, OR MAKE CHANGES THAT ARE IN FURTHERANCE OF THE POLICIES AND
PURPOSES OF THIS ARTICLE. ALL SUCH CHANGES SHALL BE FILED WITH THE CLERK
OF EACH COUNTY AND LOCAL GOVERNMENT AFFECTED THEREBY.
S 6. The executive law is amended by adding a new section 915-a to
read as follows:
S 915-A. COASTAL RESILIENCE PLANS. 1. IT IS THE INTENTION OF THIS
ARTICLE TO OFFER THE FULLEST POSSIBLE SUPPORT BY THE STATE AND ITS AGEN-
CIES TO THOSE LOCAL GOVERNMENTS THAT DESIRE TO PROTECT THEIR COASTLINES
FROM COASTAL HAZARDS. ACCORDINGLY, ANY LOCAL GOVERNMENT OR TWO OR MORE
LOCAL GOVERNMENTS ACTING JOINTLY WHICH HAS ANY PORTION OF ITS JURISDIC-
TION WITHIN THE COASTAL RISK MANAGEMENT ZONE AND WHICH DESIRES TO
PARTICIPATE MAY SUBMIT A COASTAL RESILIENCE PLAN TO THE SECRETARY OF
STATE AS HEREIN PROVIDED.
2. THE SECRETARY OF STATE MAY PROVIDE TECHNICAL AND FINANCIAL ASSIST-
ANCE AS PROVIDED IN SECTIONS NINE HUNDRED SEVENTEEN AND NINE HUNDRED
EIGHTEEN OF THIS ARTICLE TO ANY LOCAL GOVERNMENT FOR THE PREPARATION OF
A WATERFRONT REVITALIZATION PROGRAM FOR THE PURPOSES OF THIS ARTICLE.
3. A LOCAL GOVERNMENT OR TWO OR MORE LOCAL GOVERNMENTS ACTING JOINTLY
WHICH INTENDS TO SUBMIT A COASTAL RESILIENCE PLAN FOR THE PURPOSES OF
THIS ARTICLE IS STRONGLY ENCOURAGED TO CONSULT, DURING ITS PREPARATION,
WITH OTHER ENTITIES THAT MAY BE AFFECTED BY ITS PROGRAM, INCLUDING LOCAL
GOVERNMENTS, COUNTY AND REGIONAL AGENCIES, APPROPRIATE PORT AUTHORITIES,
COMMUNITY BASED GROUPS AND STATE AND FEDERAL AGENCIES. ON REQUEST BY THE
S. 4999 4
LOCAL GOVERNMENT, THE SECRETARY OF STATE SHALL TAKE APPROPRIATE ACTION
TO FACILITATE SUCH CONSULTATION.
4. THE SECRETARY OF STATE SHALL PREPARE AND DISTRIBUTE GUIDELINES AND
REGULATIONS FOR LOCAL GOVERNMENTS DESIRING TO PREPARE, OR CAUSE TO BE
PREPARED, A COASTAL RESILIENCE PLAN (HEREINAFTER REFERRED TO AS THE
"PLAN"). SUCH GUIDELINES SHALL PROVIDE THAT THE PLAN WILL BE CONSISTENT
WITH THE POLICIES AND PURPOSES OF THIS ARTICLE GENERALLY, AND SHALL
PROMOTE PLANS THAT IDENTIFY NON-STRUCTURAL ALTERNATIVES TO STRUCTURAL
MEASURES TO REDUCE VULNERABILITY IN THE COASTAL RISK MANAGEMENT ZONE
WHEREVER USE OF NON-STRUCTURAL MEASURES IS FEASIBLE; IDENTIFY AREAS
WHERE STRUCTURAL PROTECTION IS NEEDED TO PROTECT SIGNIFICANT PUBLIC
INVESTMENT, WATER DEPENDENT USES AND/OR CRITICAL INFRASTRUCTURE; AND
IDENTIFY OPPORTUNITIES TO FURTHER REDUCE VULNERABILITY THROUGH
NON-STRUCTURAL MEASURES IN THE RECOVERY AND RESTORATION PROCESS FOLLOW-
ING HIGH-INTENSITY COASTAL STORMS.
5. THE SECRETARY OF STATE OR HIS OR HER DESIGNEE SHALL APPROVE ANY
LOCAL GOVERNMENT COASTAL RESILIENCE PLAN AS ELIGIBLE FOR THE BENEFITS
SET FORTH IN SECTION NINE HUNDRED SIXTEEN OF THIS ARTICLE IF HE OR SHE
FINDS THAT SUCH PROGRAM WILL BE CONSISTENT WITH COASTAL RISK MANAGEMENT
POLICIES AND WILL ACHIEVE THE COASTAL RESILIENCE PURPOSES OF THIS ARTI-
CLE.
6. BEFORE APPROVING ANY SUCH COASTAL RESILIENCE PLAN, OR ANY AMEND-
MENTS THERETO, AS ELIGIBLE FOR THE BENEFITS OF THIS ARTICLE, THE SECRE-
TARY OF STATE SHALL CONSULT WITH POTENTIALLY AFFECTED STATE AND FEDERAL
AGENCIES; THE SECRETARY OF STATE SHALL NOT APPROVE ANY SUCH PLAN IF HE
OR SHE FINDS AFTER SUCH CONSULTATION THAT THERE IS A CONFLICT WITH ANY
STATE OR FEDERAL POLICIES.
7. WHERE THERE IS A CONFLICT BETWEEN A SUBMITTED COASTAL RESILIENCE
PLAN AND ANY STATE OR FEDERAL POLICY, AT THE REQUEST OF THE LOCAL
GOVERNMENT OR THE STATE OR FEDERAL AGENCY AFFECTED, THE SECRETARY OF
STATE SHALL ATTEMPT TO RECONCILE AND RESOLVE THE DIFFERENCES BETWEEN THE
SUBMITTED PLAN AND SUCH POLICIES AND SHALL MEET WITH THE LOCAL GOVERN-
MENT AND INVOLVED STATE AND FEDERAL AGENCIES TO THIS END.
8. SUBSEQUENT TO APPROVAL OF THE LOCAL PLAN BY THE SECRETARY OF STATE,
STATE AGENCY ACTIONS SHALL BE CONSISTENT TO THE MAXIMUM EXTENT PRACTICA-
BLE WITH THE LOCAL PROGRAM. PROVIDED, HOWEVER, THAT NOTHING IN THIS
ARTICLE SHALL BE CONSTRUED TO AUTHORIZE OR REQUIRE THE ISSUANCE OF ANY
PERMIT, LICENSE, CERTIFICATION, OR OTHER APPROVAL OR THE APPROVAL OF ANY
GRANT, LOAN OR OTHER FUNDING ASSISTANCE WHICH IS DENIED BY THE STATE
AGENCY HAVING JURISDICTION, PURSUANT TO OTHER PROVISIONS OF LAW OR WHICH
IS CONDITIONED BY SUCH AGENCY PURSUANT TO OTHER PROVISIONS OF LAW UNTIL
SUCH CONDITIONS ARE MET.
WHERE IMPLEMENTATION OF AN APPROVED LOCAL PLAN DEPENDS UPON THE AVAIL-
ABILITY OF OTHER THAN LOCAL FUNDS AND PROGRAM ACTIONS, THE SECRETARY OF
STATE SHALL MEET WITH THE INVOLVED STATE AND FEDERAL AGENCIES TO EXPLORE
THE POSSIBILITY OF PROGRAMMING OF SUCH ASSISTANCE IN A MANNER THAT WOULD
PROVIDE THE MAXIMUM PRACTICABLE ASSISTANCE TOWARD THE IMPLEMENTATION OF
THE LOCAL PLAN.
9. BEFORE UNDERTAKING ANY ACTION PURSUANT TO ANY PLANS THE AFFECTED
STATE AGENCY SHALL SUBMIT, THROUGH APPROPRIATE EXISTING CLEARING HOUSE
PROCEDURES INCLUDING BUT NOT LIMITED TO THE STATE ENVIRONMENTAL QUALITY
REVIEW LAW, INFORMATION ON THE PROPOSED ACTION TO LOCAL GOVERNMENT. THE
LOCAL GOVERNMENT SHALL IDENTIFY POTENTIAL CONFLICTS AND SO NOTIFY THE
SECRETARY OF STATE. UPON NOTIFICATION OF THE CONFLICT, THE SECRETARY OF
STATE WILL CONFER WITH THE AFFECTED STATE AGENCY AND THE LOCAL GOVERN-
MENT TO MODIFY THE PROPOSED ACTION TO BE CONSISTENT WITH THE LOCAL PLAN.
S. 4999 5
10. ANY LOCAL GOVERNMENT WHICH HAS HAD A COASTAL RESILIENCE PLAN
APPROVED PURSUANT TO THIS SECTION MAY WITHDRAW ITS PROGRAM AT ANY TIME
BY FILING WITH THE SECRETARY OF STATE A COPY OF A RESOLUTION OF ITS
LEGISLATIVE BODY PROVIDING FOR SUCH WITHDRAWAL. UPON RECEIPT OF SUCH
RESOLUTION, THE SECRETARY OF STATE SHALL IMMEDIATELY NOTIFY ALL AFFECTED
STATE AGENCIES.
S 7. Subdivision 7 of section 964-b of the executive law, as added by
chapter 556 of the laws of 1993, is amended to read as follows:
7. To adopt a comprehensive management plan for the Long Island South
Shore Estuary Reserve which the state and local governments may imple-
ment. Estuary segmentation or partitioning of the estuary into spatial
units may be necessary at times for summarizing data for geographic
areas, for the development of certain scientific models, or for interim
management measures. The council shall prioritize problems and opportu-
nities within the estuary based upon use impairments, resource manage-
ment needs and areas experiencing intense recreational use. THE PLAN
SHALL CONSIDER METHODS OF ADAPTATION TO SEA LEVEL RISE AND OTHER COASTAL
PROCESSES, BASED ON GUIDANCE DEVELOPED BY THE DEPARTMENT OF STATE AND
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND SHALL DEVELOP REGIONAL
POLICIES TO GUIDE ADAPTATION BY COMMUNITIES WITHIN THE RESERVE;
S 8. The opening paragraph of subdivision 1 of section 966 of the
executive law, as added by chapter 556 of the laws of 1993, is amended
to read as follows:
The purpose of the plan is to make recommendations to integrate and
coordinate existing programs and studies; mitigate pollution; balance
preservation, recreation and economic development; protect appropriate
existing investment; FACILITATE ADAPTATION TO COASTAL HAZARDS; and
protect the natural resources. The plan shall include but not be limited
to the following, to the extent possible, considering financial
resources and technological limitations:
S 9. Section 8-0105 of the environmental conservation law is amended
by adding a new subdivision 9 to read as follows:
9. "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF
COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS, AS
DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW. COASTAL
RISK MANAGEMENT ZONES WILL BE IDENTIFIED BY THE SECRETARY OF STATE
ACCORDING TO THE PURPOSES AND POLICIES IDENTIFIED IN SECTION NINE
HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW AND ARE AS SHOWN ON THE COASTAL
RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
AS REQUIRED BY THE SAME ARTICLE.
S 10. Subdivision 2 of section 8-0109 of the environmental conserva-
tion law is amended by adding a new paragraph (k) to read as follows:
(K) REASONABLY FORESEEABLE IMPACTS ON OR FROM THE PROPOSED PROJECT OR
ACTION BASED ON THE RISK OF COASTAL HAZARDS, AS DEFINED IN SECTION NINE
HUNDRED ELEVEN OF THE EXECUTIVE LAW, THROUGHOUT THE LIFETIME OF THE
ACTIVITIES OR THE PHYSICAL EXISTENCE OF ANY STRUCTURE OR FACILITY THAT
IS CREATED OR MODIFIED IN CONNECTION WITH THE ACTION, IF SUCH PROJECT
WILL BE LOCATED WITHIN THE COASTAL RISK MANAGEMENT ZONE.
S 11. Subdivision 2 of section 8-0113 of the environmental conserva-
tion law, as added by chapter 612 of the laws of 1975, paragraph (b) as
amended and paragraphs (j), (k), and (l) as added by chapter 252 of the
laws of 1977, paragraph (f) as amended by chapter 641 of the laws of
2005, is amended to read as follows:
2. The rules and regulations adopted by the commissioner specifically
shall include:
S. 4999 6
(a) Definition of terms used in this article;
(b) Criteria for determining whether or not a proposed action may have
a significant effect on the environment, taking into account social and
economic factors to be considered in determining the significance of an
environmental effect. THE CRITERIA FOR DETERMINING SIGNIFICANCE SHALL
INCORPORATE THE POTENTIALLY SIGNIFICANT ADVERSE IMPACTS RELATED TO COAS-
TAL HAZARDS IN THE DETERMINATION PROCESS AND GIVE SUFFICIENT WEIGHT TO
THE IMPORTANCE OF COASTAL RESILIENCE IN THE REVIEW PROCESS;
(c) Identification on the basis of such criteria of:
(i) Actions or classes of actions that are likely to require prepara-
tion of environmental impact statements;
(ii) Actions or classes of actions which have been determined not to
have a significant effect on the environment and which do not require
environmental impact statements under this article. In adopting the
rules and regulations, the commissioner shall make a finding that each
action or class of actions identified does not have a significant effect
on the environment;
(III) AREAS IN WHICH THE ENVIRONMENTAL IMPACT REVIEW PROCESS IS LIKELY
TO REQUIRE ADDITIONAL CONSIDERATIONS OF THE IMPACT FROM AS WELL AS TO
ENVIRONMENTAL CONDITIONS, TO INCLUDE COASTAL RISK MANAGEMENT ZONES;
(d) Typical associated environmental effects, and methods for assess-
ing such effects, of actions determined to be likely to require prepara-
tion of environmental impact statements;
(e) Categorization of actions which are or may be primarily of state-
wide, regional, or local concern, with provisions for technical assist-
ance including the preparation or review of environmental impact state-
ments, if requested, in connection with environmental impact review by
local agencies.
(f) Provision for the filing and circulation of draft environmental
impact statements pursuant to subdivision four of section 8-0109 OF THIS
ARTICLE, and environmental impact statements pursuant to subdivision six
of section 8-0109 OF THIS ARTICLE, including, in addition to any other
circulation and public availability requirements, making such statements
available free of charge to the public and government agencies on the
publicly-available Internet website, unless impracticable. Printed
filings and public notices shall clearly indicate the address of the
website at which such filing is posted;
(g) Scope, content, filing and availability of findings required to be
made pursuant to subdivision eight of section 8-0109 OF THIS ARTICLE;
(h) Form and content of and level of detail required for an environ-
mental impact statement, TO INCLUDE A SECTION REQUIRING AN EVALUATION OF
IMPACTS FROM OR TO THE PROPOSED ACTION BASED ON COASTAL HAZARDS OVER THE
LIFE OF THE PROJECT, STRUCTURE, OR FACILITY; and
(i) Procedures for obtaining comments on draft environmental impact
statements, holding hearings, providing public notice of agency deci-
sions with respect to preparation of a draft environmental statement;
and for such other matters as may be needed to assure effective partic-
ipation by the public and efficient and expeditious administration of
the article.
(j) Procedure for providing applicants with estimates, when requested,
of the costs expected to be charged them pursuant to subdivision seven
of section 8-0109 of this article.
(k) Appeals procedure for the settlement of disputed costs charged by
state agencies to applicants pursuant to subdivision seven of section
8-0109 of this article. Such appeal procedure shall not interfere or
S. 4999 7
cause delay in the determination of environmental significance or
prohibit an action from being undertaken.
(l) A model assessment form to be used during the initial review to
assist an agency in its responsibilities under this article.
S 12. Section 8-0113 of the environmental conservation law is amended
by adding a new subdivision 5 to read as follows:
5. AGENCY ACTIONS LOCATED WITHIN COASTAL RISK MANAGEMENT ZONES SHALL
RECEIVE PARTICULAR CONSIDERATION TO DETERMINE THE SIGNIFICANCE OF THEIR
POTENTIAL IMPACT ON THE ENVIRONMENT. ENVIRONMENTAL IMPACT STATEMENTS FOR
ACTIONS PLANNED WITHIN COASTAL RISK MANAGEMENT ZONES SHALL BE REQUIRED
TO EVALUATE THE IMPACTS TO AND FROM COASTAL HAZARDS REGARDING THE
ACTION. THE VULNERABILITY OF THE PROJECT TO COASTAL HAZARDS AND AVAIL-
ABLE RESILIENCE EFFORTS SHALL BE EVALUATED.
S 13. Subdivision 1 of section 24-0301 of the environmental conserva-
tion law, as amended by section 37 of part D of chapter 60 of the laws
of 2012, is amended to read as follows:
1. The commissioner shall, as soon as practicable, conduct a study to
identify and map those individual freshwater wetlands in the state of
New York which shall have an area of at least twelve and four-tenths
acres or more, or if less than twelve and four-tenths acres, (a) have,
in the discretion of the commissioner unusual local importance for one
or more of the specific benefits set forth in subdivision seven of
section 24-0105 of this article OR FOR THEIR PRESENCE IN A COASTAL RISK
MANAGEMENT ZONE or (b) are located within the Adirondack park and meet
the definition of wetlands contained in subdivision sixty-eight of
section eight hundred two of the executive law, and shall determine
their characteristics. This study shall, in addition to such other data
as the commissioner may determine to be included, consist of the fresh-
water wetlands inventory of the department of environmental conserva-
tion, currently being made, together with other available data on fresh-
water wetlands, whether assisted by the state of New York under the
tidal wetlands act or otherwise, or assembled by federal or local
governmental or private agencies, all of which information shall be
assembled and integrated, as applicable, into a map of freshwater
wetlands of the state of New York. Such study may, in the discretion of
the commissioner, be carried out on a sectional or regional basis, as
indicated by need, subject to overall completion in an expeditious fash-
ion subject to the terms of this chapter. This map, and any orders
issued pursuant to the provisions of this article, shall comprise a part
of the statewide environmental plan as provided for in section 3-0303 of
this chapter. As soon as practicable the commissioner shall file with
the secretary of state a detailed description of the technical methods
and requirements to be utilized in compiling the inventory, and he shall
afford the public an opportunity to submit comments thereon.
S 14. Section 25-0102 of the environmental conservation law, as added
by chapter 790 of the laws of 1973, is amended to read as follows:
S 25-0102. Declaration of policy.
It is declared to be the public policy of this state to preserve and
protect tidal wetlands, and to prevent their despoliation and
destruction, giving due consideration to the OCCURRENCE OF COASTAL
HAZARDS THAT WILL RESULT IN WETLANDS LOSS AND MIGRATION, AND TO THE
reasonable economic and social development of the state.
S 15. Section 25-0103 of the environmental conservation law is amended
by adding a new subdivision 6 to read as follows:
6. "COASTAL RISK MANAGEMENT ZONE" SHALL MEAN AREAS AT SIGNIFICANT RISK
OF COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK
S. 4999 8
OF COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS,
AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW. COASTAL
RISK MANAGEMENT ZONES WILL BE IDENTIFIED BY THE SECRETARY OF STATE
ACCORDING TO THE PURPOSES AND POLICIES IDENTIFIED IN SECTION NINE
HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW AND ARE AS SHOWN ON THE COASTAL
RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
AS REQUIRED BY SUCH ARTICLE.
S 16. Section 27-0701 of the environmental conservation law is amended
by adding a new subdivision 5 to read as follows:
5. "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF
COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS, AS
DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW. COASTAL
RISK MANAGEMENT ZONES WILL BE IDENTIFIED BY THE SECRETARY OF STATE
ACCORDING TO THE PURPOSES AND POLICIES IDENTIFIED IN SECTION NINE
HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW AND ARE AS SHOWN ON THE COASTAL
RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
AS REQUIRED BY THE SAME ARTICLE.
S 17. Subparagraph 4 of paragraph c of subdivision 2 of section
27-0707 of the environmental conservation law, as amended by chapter 70
of the laws of 1988, is amended and a new subparagraph 5 is added to
read as follows:
(4) the applicant has received or will receive the written opinion of
counsel to each [muncipality] MUNICIPALITY or public authority which has
entered into a contract, lease or rental agreement with the proposed
facility that such contract, lease or rental agreement is in compliance
with the applicable requirements of sections one hundred one, one
hundred three and one hundred twenty-w of the general municipal law.
(5) IN CONNECTION WITH THE SITING AND DESIGN OF SOLID WASTE FACILITIES
LOCATED WITHIN, OR RELYING UPON INFRASTRUCTURE LOCATED WITHIN, THE COAS-
TAL RISK MANAGEMENT ZONE, APPLICANT HAS FULLY CONSIDERED THE IMPACTS OF
COASTAL HAZARDS OVER THE LIFETIME OF THE PROJECT.
S 18. Paragraph a of subdivision 3 of section 27-1313 of the environ-
mental conservation law, as amended by chapter 857 of the laws of 1982,
is amended to read as follows:
a. Whenever the commissioner finds that hazardous wastes at an inac-
tive hazardous waste disposal site constitute a significant threat to
the environment, he may order the owner of such site and/or any person
responsible for the disposal of hazardous wastes at such site (i) to
develop an inactive hazardous waste disposal site remedial program,
subject to the approval of the department, at such site, and (ii) to
implement such program within reasonable time limits specified in the
order. Provided, however, that in the event the commissioner of health
shall issue an order pursuant to subdivision three of section one thou-
sand three hundred eighty-nine-b of the public health law, such order of
the commissioner of health shall supersede any order issued hereunder.
WHEN DETERMINING WHETHER HAZARDOUS WASTES AT AN INACTIVE HAZARDOUS WASTE
DISPOSAL SITE CONSTITUTE A SIGNIFICANT THREAT, THE COMMISSIONER SHALL
CONSIDER PROJECTED EFFECTS OF COASTAL HAZARDS, AS DEFINED IN SECTION
NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW, AND THE EFFECT OF THESE
HAZARDS ON THE SAFETY AND INTEGRITY OF THE SITE.
S 19. Paragraph (i) of subdivision 3 of section 27-1415 of the envi-
ronmental conservation law is amended by adding a new subparagraph
(xvii) to read as follows:
S. 4999 9
(XVII) PROJECTED CHANGES IN COASTAL HAZARDS, AS DEFINED IN SECTION
NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW, IN CLOSE PROXIMITY TO THE
SITE.
S 20. Subdivisions 1 and 4 of section 34-0101 of the environmental
conservation law, as added by chapter 841 of the laws of 1981, is
amended to read as follows:
1. Certain sections of the coastline of the state of New York are
prone to erosion from action of the adjacent water bodies. Such erosion
may be caused by the action of waves, currents running along the shore,
tides, wind-driven water and ice as well as human activities such as
construction and shipping. Such areas are also prone to erosion caused
by the wind, runoff of rain water along the surface of the land, or
groundwater seepage as well as by human activities such as construction,
navigation and certain forms of recreation. COASTAL HAZARDS, AS DEFINED
IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW, MAY INCREASE THE
SPEED OF SUCH EROSION OR EXACERBATE ITS EFFECTS.
4. Programs to build erosion protective structures, either with
private or public funds, are costly, often only partially effective over
time, and may even be harmful to adjacent or nearby properties, and in
some sections of the state major erosion protective structures of great
length would be required to effectively reduce future damages due to
erosion. IN ADDITION, COASTAL HAZARDS, AS DEFINED IN SECTION NINE
HUNDRED ELEVEN OF THE EXECUTIVE LAW, OFTEN RENDER SUCH PROTECTIVE STRUC-
TURES INEFFECTIVE OR LESS EFFECTIVE THAN INTENDED.
S 21. Subdivision 1 of section 34-0102 of the environmental conserva-
tion law, as added by chapter 841 of the laws of 1981, is amended to
read as follows:
1. Those areas of the state's coastline most prone to erosion hazards
should be identified. SUCH IDENTIFICATIONS SHALL BE MADE WITH CONSIDER-
ATION OF THE EFFECTS OF COASTAL HAZARDS ON COASTLINE VULNERABILITY TO
EROSION.
S 22. Subdivisions 2, 3 and 8 of section 34-0103 of the environmental
conservation law, as added by chapter 841 of the laws of 1981, are
amended to read as follows:
2. "Coastal erosion" or "erosion" shall mean loss or displacement of
land along the coastline due to the action of waves, currents running
along the shore, tides, wind-driven water or water-borne ice or other
impacts of coastal storms. It shall also mean loss or displacement of
land along the coastline due to the action of wind, runoff of surface
waters, or groundwater seepage, AND LOSS OR DISPLACEMENT OF SUCH LAND
DUE TO COASTAL HAZARDS, AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE
EXECUTIVE LAW.
3. "Coastal erosion hazard area" or "erosion hazard area" shall mean
those areas of the coastline:
(a) Which are determined as likely to be subject to erosion within a
forty-year period. The inland boundary of such areas shall be determined
on the basis of shoreline recession analysis, SEA LEVEL RISE PROJEC-
TIONS, and other pertinent studies and surveys by starting at the bluff
edge or most landward point of active erosion and measuring along a line
which is normal to the line of mean high water a distance which is forty
times the long-term average annual rate of shoreline recession, where
such average annual recession rate is at least one foot; or
(b) Which constitute natural protective features, the alteration of
which might reduce or destroy the protection afforded other lands
against erosion, or lower the reserves of sand or other natural materi-
als available to replenish storm losses through natural processes.
S. 4999 10
The erosion hazard area is to be identified as provided in section
34-0104 of this article and shall be the area within which new activ-
ities or development shall be reviewed to effectuate the policies and
purposes of this article to minimize damage caused by erosion to struc-
tures and to prevent damage to natural protective features caused by
activities or development, as provided for in section 34-0108 of this
article.
8. "Natural protective features" shall mean without limitation, beach-
es, dunes, shoals, bars, spits, barrier islands, bluffs and wetlands;
AREAS WITHIN COASTAL BARRIER BREACHES AND WASHOVERS AND THEIR ASSOCIATED
SANDY SHOALS, AS WELL AS associated natural vegetation shall also be
considered as part of such natural protective features.
S 23. Subdivision 4 of section 34-0104 of the environmental conserva-
tion law, as amended by chapter 556 of the laws of 1985, is amended to
read as follows:
4. The commissioner shall review the boundaries of each erosion hazard
area identified pursuant to this section ten years from the date of its
identification and every ten years thereafter. The commissioner may
revise erosion hazard area maps not sooner than twelve months after the
occurrence of a major man made or natural event or a major coastal storm
if he determines that topographical changes or loss of structural
protection at the end of such a twelve month period and as a result of
such event or such storm justify, pursuant to the regulations of the
department, adjustment of the erosion hazard area boundary by twenty-
five feet or more. Following such review, the commissioner shall adjust
the boundaries of such erosion hazard area to effect any additions,
deletions or technical changes, or to reflect any changes due to
erosion, accretion, SEA LEVEL RISE, COASTAL HAZARDS, or other natural or
man-made changes. The commissioner shall follow the procedures set forth
in subdivisions two and three of this section with respect to any lands
which are proposed to be added to or deleted from an erosion hazard area
because of an adjustment of the boundaries of such erosion hazard area
pursuant to this subdivision.
S 24. Article 71 of the environmental conservation law is amended by
adding a new title 34 to read as follows:
TITLE 34
ENFORCEMENT OF ARTICLE 34
SECTION 71-3401. APPLICABILITY OF THIS TITLE.
71-3402. VIOLATION; PENALTIES.
71-3403. ENFORCEMENT.
S 71-3401. APPLICABILITY OF THIS TITLE.
IN ADDITION TO THE PROVISIONS OF SECTIONS 71-0101 AND 71-0301, AND
TITLES FIVE AND FORTY OF THIS ARTICLE, THE PROVISIONS OF THIS TITLE
SHALL BE APPLICABLE TO THE ENFORCEMENT OF ARTICLE THIRTY-FOUR OF THIS
CHAPTER.
S 71-3402. VIOLATION; PENALTIES.
1. ADMINISTRATIVE SANCTIONS. A. ANY PERSON WHO VIOLATES, DISOBEYS, OR
DISREGARDS ANY PROVISION OF ARTICLE THIRTY-FOUR OF THIS CHAPTER SHALL BE
LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT LESS THAN TEN
THOUSAND AND NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS FOR EVERY
VIOLATION, TO BE ASSESSED, AFTER A HEARING OR OPPORTUNITY TO BE HEARD,
BY THE COMMISSIONER. EACH VIOLATION SHALL BE A SEPARATE AND DISTINCT
VIOLATION AND, IN THE CASE OF A CONTINUING VIOLATION, EACH DAY'S CONTIN-
UANCE THEREOF SHALL BE DEEMED A SEPARATE AND DISTINCT VIOLATION. THE
PENALTY MAY BE RECOVERED IN AN ACTION BROUGHT BY THE COMMISSIONER IN ANY
COURT OF COMPETENT JURISDICTION. SUCH CIVIL PENALTY MAY BE RELEASED OR
S. 4999 11
COMPROMISED BY THE COMMISSIONER BEFORE THE MATTER HAS BEEN REFERRED TO
THE ATTORNEY GENERAL; AND WHERE SUCH MATTER HAS BEEN REFERRED TO THE
ATTORNEY GENERAL, ANY SUCH PENALTY MAY BE RELEASED OR COMPROMISED AND
ANY ACTION COMMENCED TO RECOVER THE SAME MAY BE SETTLED AND DISCONTINUED
BY THE ATTORNEY GENERAL WITH THE CONSENT OF THE COMMISSIONER.
B. UPON DETERMINING THAT SIGNIFICANT EROSION IS OCCURRING OR IS IMMI-
NENT AS A RESULT OF ANY VIOLATION OF ARTICLE THIRTY-FOUR OF THIS CHAP-
TER, THE COMMISSIONER SHALL HAVE POWER TO DIRECT THE VIOLATOR TO CEASE
AND DESIST FROM VIOLATING THE ACT. IN SUCH CASES THE VIOLATOR SHALL BE
PROVIDED AN OPPORTUNITY TO BE HEARD WITHIN TEN DAYS OF RECEIPT OF THE
NOTICE TO CEASE AND DESIST.
C. FOLLOWING A HEARING HELD PURSUANT TO SECTION 71-1709 OF THIS ARTI-
CLE, THE COMMISSIONER SHALL HAVE POWER TO DIRECT THE VIOLATOR TO CEASE
AND DESIST FROM VIOLATING THE ACT AND TO RESTORE THE AFFECTED COASTAL
AREA TO ITS CONDITION PRIOR TO THE VIOLATION, INSOFAR AS THAT IS POSSI-
BLE WITHIN A REASONABLE TIME AND UNDER THE SUPERVISION OF THE COMMIS-
SIONER. ANY ORDER OF THE COMMISSIONER SHALL BE ENFORCEABLE IN AN ACTION
BROUGHT BY THE COMMISSIONER IN ANY COURT OF COMPETENT JURISDICTION. ANY
CIVIL PENALTY OR ORDER ISSUED BY THE COMMISSIONER UNDER THIS SUBDIVISION
SHALL BE REVIEWABLE IN A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES.
2. THE PROCEEDS OF ANY PENALTY OR FINE ASSESSED UNDER THIS SECTION
SHALL BE DEPOSITED IN A FUND TO ASSIST LOCAL GOVERNMENTS IN IMPLEMENTING
COASTAL RESILIENCE PLANS, AS DESCRIBED IN SECTION NINE HUNDRED FIFTEEN-A
OF THE EXECUTIVE LAW.
S 71-3403. ENFORCEMENT.
1. THE ATTORNEY GENERAL, ON HIS OWN INITIATIVE OR AT THE REQUEST OF
THE COMMISSIONER, SHALL PROSECUTE PERSONS WHO VIOLATE ARTICLE
THIRTY-FOUR OF THIS CHAPTER. IN ADDITION, THE ATTORNEY GENERAL, ON HIS
OWN INITIATIVE OR AT THE REQUEST OF THE COMMISSIONER, SHALL HAVE THE
RIGHT TO RECOVER A CIVIL PENALTY OF NOT LESS THAN TEN THOUSAND AND NOT
MORE THAN TWENTY-FIVE THOUSAND DOLLARS FOR EVERY VIOLATION OF ANY
PROVISION OF SUCH ARTICLE, AND TO SEEK EQUITABLE RELIEF TO RESTRAIN ANY
VIOLATION OR THREATENED VIOLATION OF SUCH ARTICLE AND TO REQUIRE THE
RESTORATION OF ANY AFFECTED COASTLINE WITHIN THE COASTAL RISK MANAGEMENT
ZONE, AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW, TO
ITS CONDITION PRIOR TO THE VIOLATION, INSOFAR AS THAT IS POSSIBLE, WITH-
IN A REASONABLE TIME AND UNDER THE SUPERVISION OF THE COMMISSIONER. IN
THE CASE OF A CONTINUING VIOLATION, EACH DAY'S CONTINUANCE THEREOF SHALL
BE DEEMED A SEPARATE AND DISTINCT VIOLATION.
2. THE COMMISSIONER HAS THE AUTHORITY TO REVERSE OR VETO ANY LOCAL
ACTIONS OR DECISIONS WHICH ARE INCONSISTENT WITH THE PURPOSES AND POLI-
CIES OF ARTICLE THIRTY-FOUR OF THIS CHAPTER.
S 25. The department of environmental conservation is directed to
conform its regulations in title 6 of the New York state Codes, Rules
and Regulations to apply the polices, definitions, and amendments to the
environmental conservation law contained in this act.
S 26. Subdivision 2 of section 7-722 of the village law is amended by
adding two new paragraphs (d) and (e) to read as follows:
(D) "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF
COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS, AS
DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW. COASTAL
RISK MANAGEMENT ZONES WILL BE IDENTIFIED BY THE SECRETARY OF STATE
ACCORDING TO THE PURPOSES AND POLICIES IDENTIFIED IN SECTION NINE
HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW, AND ARE AS SHOWN ON THE COASTAL
S. 4999 12
RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
AS REQUIRED IN SUCH SECTION.
(E) "COASTAL HAZARDS" MEANS THE RANGE OF ENVIRONMENTAL PROCESSES AND
EVENTS THAT MAY AFFECT COASTLINES OR HUMAN ACTIVITY NEAR COASTLINES, AND
IT INCLUDES BUT IS NOT LIMITED TO SEA LEVEL RISE, RISING GROUNDWATER,
COASTAL FLOODING, STORM SURGE, COASTAL STORMS, OR SALTWATER INTRUSION,
AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW.
S 27. Subdivision 3 of section 7-722 of the village law is amended by
adding three new paragraphs (p), (q) and (r) to read as follows:
(P) CONSIDERATION OF THE EFFECTS OF COASTAL HAZARDS ON ANY ASPECTS OF
THE PLAN, IF ANY PART OF THE VILLAGE IS LOCATED WITHIN THE COASTAL RISK
MANAGEMENT ZONE.
(Q) INCLUSION WHERE PRACTICABLE OF BUFFER AREAS AND OTHER COASTAL
PROTECTION STRATEGIES IN THE ZONING OF WATERFRONT AREAS OR THE DEVELOP-
MENT OF WATERFRONT REVITALIZATION PLANS, IN ORDER TO REDUCE RISK TO
NATURAL RESOURCES AND ENSURE THAT ALL NEW CONSTRUCTION AND/OR INFRAS-
TRUCTURE IS CONSISTENT WITH THE REDUCTION OF FLOOD RISK AND OF VULNER-
ABILITY TO COASTAL HAZARDS IN THE COASTAL RISK MANAGEMENT ZONE.
(R) DEVELOPMENT OF COASTAL RESILIENCE PLANS BY COMMUNITIES WITHIN THE
COASTAL RISK MANAGEMENT ZONE. SUCH PLANS SHALL ADVISE COMMUNITIES ON
POST-STORM RECOVERY MECHANISMS, REDEVELOPMENT, AND RECOGNITION OF LONG-
TERM RISKS CREATED BY HIGH-INTENSITY STORMS. SUCH PLANS SHALL BE BASED
ON TRENDS IN HIGH-INTENSITY WEATHER AND THE EFFECT OF COASTAL PROCESSES
ON FUTURE WEATHER CONDITIONS.
S 28. Subdivision 2 of section 272-a of the town law is amended by
adding two new paragraphs (d) and (e) to read as follows:
(D) "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF
COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS, AS
DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW. COASTAL
RISK MANAGEMENT ZONES WILL BE IDENTIFIED BY THE SECRETARY OF STATE
ACCORDING TO THE PURPOSES AND POLICIES IDENTIFIED IN SECTION NINE
HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW, AND ARE AS SHOWN ON THE COASTAL
RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
AS REQUIRED IN SUCH SECTION NINE HUNDRED FOURTEEN-A.
(E) "COASTAL HAZARDS" MEANS THE RANGE OF ENVIRONMENTAL PROCESSES AND
EVENTS THAT MAY AFFECT COASTLINES OR HUMAN ACTIVITY NEAR COASTLINES, AND
IT INCLUDES BUT IS NOT LIMITED TO SEA LEVEL RISE, RISING GROUNDWATER,
COASTAL FLOODING, STORM SURGE, COASTAL STORMS, OR SALTWATER INTRUSION,
AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW.
S 29. Subdivision 3 of section 272-a of the town law is amended by
adding three new paragraphs (p), (q) and (r) to read as follows:
(P) CONSIDERATION OF THE EFFECTS OF COASTAL HAZARDS ON ANY ASPECTS OF
THE PLAN, IF ANY PART OF THE TOWN IS LOCATED WITHIN THE COASTAL RISK
MANAGEMENT ZONE.
(Q) INCLUSION WHERE PRACTICABLE OF BUFFER AREAS AND OTHER COASTAL
PROTECTION STRATEGIES IN THE ZONING OF WATERFRONT AREAS OR THE DEVELOP-
MENT OF WATERFRONT REVITALIZATION PLANS, IN ORDER TO REDUCE RISK TO
NATURAL RESOURCES AND ENSURE THAT ALL NEW CONSTRUCTION AND/OR INFRAS-
TRUCTURE IS CONSISTENT WITH THE REDUCTION OF FLOOD RISK AND OF VULNER-
ABILITY TO COASTAL HAZARDS IN THE COASTAL RISK MANAGEMENT ZONE.
(R) DEVELOPMENT OF COASTAL RESILIENCE PLANS BY COMMUNITIES WITHIN THE
COASTAL RISK MANAGEMENT ZONE. SUCH PLANS SHALL ADVISE COMMUNITIES ON
POST-STORM RECOVERY MECHANISMS, REDEVELOPMENT, AND RECOGNITION OF LONG-
TERM RISKS CREATED BY HIGH-INTENSITY STORMS. SUCH PLANS SHALL BE BASED
S. 4999 13
ON TRENDS IN HIGH-INTENSITY WEATHER AND THE EFFECT OF COASTAL PROCESSES
ON FUTURE WEATHER CONDITIONS.
S 30. Subdivision 3 of section 28-a of the general city law is amended
by adding two new paragraphs (d) and (e) to read as follows:
(D) "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF
COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS, AS
DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW. COASTAL
RISK MANAGEMENT ZONES WILL BE IDENTIFIED BY THE SECRETARY OF STATE
ACCORDING TO THE PURPOSES AND POLICIES IDENTIFIED IN SECTION NINE
HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW, AND ARE AS SHOWN ON THE COASTAL
RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
AS REQUIRED IN SUCH SECTION NINE HUNDRED FOURTEEN-A.
(E) "COASTAL HAZARDS" MEANS THE RANGE OF ENVIRONMENTAL PROCESSES AND
EVENTS THAT MAY AFFECT COASTLINES OR HUMAN ACTIVITY NEAR COASTLINES, AND
IT INCLUDES BUT IS NOT LIMITED TO SEA LEVEL RISE, RISING GROUNDWATER,
COASTAL FLOODING, STORM SURGE, COASTAL STORMS, OR SALTWATER INTRUSION,
AS DEFINED IN SECTION HUNDRED HUNDRED ELEVEN OF THE EXECUTIVE LAW.
S 31. Subdivision 4 of section 28-a of the general city law is amended
by adding three new paragraphs (p), (q) and (r) to read as follows:
(P) CONSIDERATION OF THE EFFECTS OF COASTAL HAZARDS ON ANY ASPECTS OF
THE PLAN, IF ANY PART OF THE CITY IS LOCATED WITHIN THE COASTAL RISK
MANAGEMENT ZONE.
(Q) INCLUSION WHERE PRACTICABLE OF BUFFER AREAS AND OTHER COASTAL
PROTECTION STRATEGIES IN THE ZONING OF WATERFRONT AREAS OR THE DEVELOP-
MENT OF WATERFRONT REVITALIZATION PLANS, IN ORDER TO REDUCE RISK TO
NATURAL RESOURCES AND ENSURE THAT ALL NEW CONSTRUCTION AND/OR INFRAS-
TRUCTURE IS CONSISTENT WITH THE REDUCTION OF FLOOD RISK AND OF VULNER-
ABILITY TO COASTAL HAZARDS IN THE COASTAL RISK MANAGEMENT ZONE.
(R) DEVELOPMENT OF COASTAL RESILIENCE PLANS BY COMMUNITIES WITHIN THE
COASTAL RISK MANAGEMENT ZONE. SUCH PLANS SHALL ADVISE COMMUNITIES ON
POST-STORM RECOVERY MECHANISMS, REDEVELOPMENT, AND RECOGNITION OF LONG-
TERM RISKS CREATED BY HIGH-INTENSITY STORMS. SUCH PLANS SHALL BE BASED
ON TRENDS IN HIGH-INTENSITY WEATHER AND THE EFFECT OF COASTAL PROCESSES
ON FUTURE WEATHER CONDITIONS.
S 32. Section 66 of the public service law is amended by adding a new
subdivision 29 to read as follows:
29. REQUIRE EVERY UTILITY CORPORATION WITHIN ITS JURISDICTION TO
SUBMIT HAZARD MITIGATION PLANS AND EMERGENCY RESPONSE PLANS TO THE
COMMISSION FOR REVIEW AND APPROVAL AT SUCH TIMES AND IN SUCH DETAIL AND
FORM AS THE COMMISSION SHALL REQUIRE, PROVIDED, HOWEVER, THAT THE SAME
SHALL BE FILED AT LEAST ANNUALLY AND SHALL CONTAIN, AT A MINIMUM:
(A) AN ASSESSMENT OF THE VULNERABILITY OF CORPORATION INFRASTRUCTURE,
INCLUDING BUT NOT LIMITED TO BUILDINGS, PIPES, WIRES, CONDUITS OR DUCTS,
TO COASTAL HAZARDS AND OTHER REASONABLY FORESEEABLE EXTREME WEATHER
EVENTS, AND IDENTIFICATION OF THE INFRASTRUCTURE MOST AT RISK, TO
INCLUDE AN IDENTIFICATION OF INFRASTRUCTURE LOCATED WITHIN THE COASTAL
RISK MANAGEMENT ZONE, AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE
EXECUTIVE LAW;
(B) AN EVALUATION OF SHORT-TERM AND LONG-TERM RESILIENCE STRATEGIES TO
PROTECT THAT INFRASTRUCTURE TO ENSURE THE SAFE AND RELIABLE PROVISION OF
UTILITIES, TO INCLUDE LONG-TERM INVESTMENT DECISIONS ON THE PLACEMENT
AND DESIGN OF INFRASTRUCTURE;
(C) EMERGENCY RESPONSE PLANS FOCUSED ON IMMEDIATE PREPARATION FOR AND
RESPONSE TO STORMS AND OTHER EXTREME WEATHER EVENTS.
S. 4999 14
ONCE REVIEWED AND APPROVED BY THE COMMISSION, SUCH PLANS SHALL BE MADE
AVAILABLE TO THE PUBLIC.
S 33. Subdivision 2 of section 6-0107 of the environmental conserva-
tion law is amended by adding a new paragraph l to read as follows:
L. TO PROMOTE RESILIENCE TO COASTAL HAZARDS, EXTREME WEATHER EVENTS,
AND OTHER NATURAL DISASTERS BY STRENGTHENING EXISTING AND CREATING NEW
COMMUNITIES DESIGNED TO WITHSTAND REASONABLY FORESEEABLE ENVIRONMENTAL
THREATS, WITH PARTICULAR ATTENTION FOR THOSE LOCATED ALONG COASTLINES
AND IN OR IMMEDIATELY ADJACENT TO COASTAL RISK MANAGEMENT ZONES.
S 34. Severability. The provisions of this article shall be severa-
ble, and if any clause, sentence, paragraph, subdivision or part of this
article shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
S 35. This act shall take effect immediately; provided, however, that
the Long Island South Shore Estuary Reserve council shall take into
consideration in its next biannual reviews the amendments made to subdi-
vision 7 of section 964-b of the executive law by section seven of this
act; provided, further, that the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date is authorized and directed to be made and completed
on or before such effective date.