Senate Bill S7736

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

                                  7736

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  enhancing  the  state's flood mitigation and coastal resiliency activ-
  ities

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

  Section  1.  Section 54-1523 of the environmental conservation law, as
added by section 5 of part U of chapter 58  of  the  laws  of  2016,  is
amended to read as follows:
S 54-1523. Climate adaptation and mitigation projects.
  1.  The  commissioner is authorized to provide on a competitive basis,
within amounts appropriated, state assistance payments to a municipality
toward the cost of any climate adaptation or mitigation  projects.  Such
projects shall include:
  a.  the  construction  of natural resiliency measures, conservation or
restoration of riparian areas and tidal marsh migration areas;
  b. nature-based solutions such as wetland protections to address phys-
ical 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;
  c.  relocation  or  retrofit of facilities to address 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;
  d. flood risk reduction;
  e. greenhouse gas emission reductions outside the power sector;
  f.  enabling  communities  to become certified under the climate smart
communities program, including by developing natural resources  invento-
ries, right sizing of municipal fleets and developing climate adaptation
strategies; [and]
  g.  climate change adaptation planning and supporting studies, includ-
ing but not limited to vulnerability assessment  and  risk  analysis  of

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

                                                           LBD15190-01-6

S. 7736                             2

municipal drinking water, wastewater, and transportation infrastructure;
AND
  H. LAND ACQUISITION, INCLUDING BUT NOT LIMITED TO FLOOD MITIGATION AND
COASTAL  RIPARIAN  RESILIENCY;  PROVIDED,  HOWEVER,  NO  MONIES SHALL BE
EXPENDED FOR ACQUISITION BY EMINENT DOMAIN.
  2. To the fullest extent practicable, it is the policy of the state to
promote an equitable regional distribution  of  climate  adaptation  and
mitigation  projects,  consistent with the purpose of this title, taking
into account regional differences in climate change risks, socioeconomic
conditions and ecological resources.
  [3. No monies shall be expended for land acquisition.]
  S 2. The environmental conservation law is amended  by  adding  a  new
section 54-1525 to read as follows:
S 54-1525. RESTRICTION ON ALIENATION.
  REAL PROPERTY ACQUIRED, DEVELOPED, IMPROVED, RESTORED OR REHABILITATED
BY  A  MUNICIPALITY  PURSUANT  TO  THIS  TITLE WITH FUNDS MADE AVAILABLE
PURSUANT TO THIS TITLE SHALL NOT BE SOLD OR  DISPOSED  OF  OR  USED  FOR
OTHER  THAN  PUBLIC  PURPOSES WITHOUT THE EXPRESS AUTHORITY OF AN ACT OF
THE LEGISLATURE, WHICH SHALL PROVIDE FOR THE SUBSTITUTION OF OTHER LANDS
OF EQUAL ENVIRONMENTAL AND FAIR MARKET VALUE AND  REASONABLY  EQUIVALENT
USEFULNESS  AND  LOCATION  TO THOSE TO BE DISCONTINUED, SOLD OR DISPOSED
OF, AND SUCH OTHER REQUIREMENTS AS SHALL BE APPROVED BY THE  COMMISSION-
ER.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.