S T A T E   O F   N E W   Y O R K
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                                  1324--A
     Cal. No. 1599
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sens. VALESKY, AKSHAR, DeFRANCISCO, SEWARD -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Transportation -- committee discharged and said bill  committed  to
   the  Committee  on  Rules  --  ordered to a third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the canal law, in relation to the  upstate  flood  miti-
   gation  task  force;  to  amend  the state finance law, in relation to
   creating the upstate flood mitigation  fund;  and  providing  for  the
   repeal of certain provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The canal law is amended by adding a new  article  13-B  to
 read as follows:
                              ARTICLE XIII-B
                    UPSTATE FLOOD MITIGATION TASK FORCE
 SECTION 139. UPSTATE FLOOD MITIGATION TASK FORCE.
         139-A. DEFINITIONS.
         139-B. TASK FORCE COMPOSITION.
         139-C. TASK FORCE DUTIES AND POWERS.
         139-D. UPSTATE FLOOD MITIGATION GRANT PROGRAM.
   §  139.  UPSTATE  FLOOD MITIGATION TASK FORCE. THE UPSTATE FLOOD MITI-
 GATION TASK FORCE, REFERRED TO IN THIS ARTICLE AS THE "TASK  FORCE",  IS
 HEREBY  ESTABLISHED TO IDENTIFY REASONABLE MEASURES THAT CAN BE TAKEN TO
 ENHANCE FLOOD MANAGEMENT AND MITIGATION IN THE UPSTATE FLOOD  MITIGATION
 REGION  AND  TO  MAKE  RECOMMENDATIONS AND PROVIDE GRANT ASSISTANCE WITH
 RESPECT TO SUCH MEASURES.
   § 139-A. DEFINITIONS. WHEN USED IN THIS ARTICLE:
   1. "ADAPTIVE MEASURES" MEANS ANY ADJUSTMENT, WHETHER PASSIVE, REACTIVE
 OR ANTICIPATORY, THAT MAY BE TAKEN TO AMELIORATE THE ANTICIPATED ADVERSE
 CONSEQUENCES ASSOCIATED WITH FLOOD EVENTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06862-02-7

 S. 1324--A                          2
 
   2. "FLOOD CONTROL STUDY SECTOR"  MEANS  A  PARTICULAR  ASPECT  OF  THE
 NATURAL OR BUILT ENVIRONMENT, ECONOMY, OR SOCIETY THAT COULD POTENTIALLY
 BE  ADVERSELY  IMPACTED  BY FLOOD EVENTS. SUCH TERM INCLUDES, BUT IS NOT
 LIMITED TO, STREAM AND RIVER BANKS, LOCKS AND DAMS, WETLANDS AND  WATER-
 FRONT  AREAS,  WATER  RESOURCES,  TRANSPORTATION  INFRASTRUCTURE,  WATER
 SUPPLY AND WASTEWATER INFRASTRUCTURE, HUMAN HEALTH, RECREATION, TOURISM,
 POWER GENERATION AND BUSINESS, RESIDENTIAL, FARM AND MUNICIPAL SECTORS.
   3. "FLOOD EVENT" MEANS AN OVERFLOW OR INUNDATION  THAT  COMES  FROM  A
 RIVER OR OTHER BODY OF WATER, WHETHER CAUSED BY RAINFALL, WATERWAY OPER-
 ATION,  DAM  BREAK, WATER RUNOFF OR OTHER MEANS, AND CAUSES OR THREATENS
 DAMAGE.
   4. "CANAL SYSTEM" SHALL MEAN THE CANAL WATERWAYS,  LANDS  AND  INFRAS-
 TRUCTURE AS SET OUT IN SECTION TWO OF THIS CHAPTER.
   5.  "UPSTATE FLOOD MITIGATION REGION" SHALL INCLUDE A COUNTY, EXCEPT A
 COUNTY WHOLLY ENCOMPASSED BY A CITY AND ANY COUNTY WITH A POPULATION  OF
 ONE MILLION OR MORE.
   §  139-B.  TASK  FORCE COMPOSITION. 1. THE TASK FORCE SHALL CONSIST OF
 THE DIRECTOR OF THE CANAL CORPORATION, THE COMMISSIONER  OF  TRANSPORTA-
 TION, THE PRESIDENT OF THE NEW YORK POWER AUTHORITY, THE DIRECTOR OF THE
 DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AND THE COMMISSION-
 ER  OF ENVIRONMENTAL CONSERVATION; AND FIVE ADDITIONAL MEMBERS WHO SHALL
 BE FROM OUTSIDE THE PUBLIC OFFICES LISTED IN THIS SECTION AND WHO  SHALL
 HAVE PROFESSIONAL EXPERIENCE IN THE FIELDS OF HYDROLOGY, CIVIL ENGINEER-
 ING,  CLIMATOLOGY, EMERGENCY MANAGEMENT AND SOIL AND WATER CONSERVATION.
 THE GOVERNOR SHALL APPOINT THREE OF THE FIVE ADDITIONAL MEMBERS AND  THE
 TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY SHALL EACH
 APPOINT ONE OF EACH OF THE FIVE ADDITIONAL MEMBERS.
   2. THE TASK FORCE SHALL APPOINT A CHAIRPERSON FROM AMONG ITS MEMBERS.
   3.  THE  MEMBERS  OF  THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
 THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   4. TO HELP ENSURE THE TASK FORCE'S  RECEIPT  OF  A  COMPREHENSIVE  AND
 DIVERSE  ARRAY OF VIEWS, THE TASK FORCE SHALL HOLD PUBLIC HEARINGS AS IT
 DEEMS NECESSARY TO  SOLICIT  RELEVANT  INFORMATION  AND  GATHER  CURRENT
 RESEARCH AND DATA RELATED TO FLOODING AND FLOOD MITIGATION IN THE REGION
 AS  WELL AS RECOMMENDATIONS TO FULFILL THE PURPOSES OF THIS ARTICLE. THE
 TASK FORCE SHALL CONSULT WITH THE COUNTY OFFICES  OF  EMERGENCY  MANAGE-
 MENT,  COUNTY SOIL AND WATER CONSERVATION DISTRICTS AND ALL OTHER FEDER-
 AL, STATE AND LOCAL ENTITIES IT DEEMS NECESSARY TO FULFILL THE  PURPOSES
 OF  THIS  ARTICLE.    IN DETERMINING THE NUMBER OF PUBLIC HEARINGS TO BE
 HELD THE TASK FORCE SHALL REMAIN COGNIZANT OF ITS DUTY TO MEET THE TIME-
 FRAME FOR FIRST CYCLE AWARDS UNDER THE UPSTATE FLOOD MITIGATION  PROGRAM
 ESTABLISHED WITHIN SECTION ONE HUNDRED THIRTY-NINE-D OF THIS ARTICLE.
   §  139-C.  TASK  FORCE  DUTIES  AND POWERS. THE ROLE OF THE TASK FORCE
 INCLUDES, BUT IS NOT LIMITED TO:
   1. CONDUCTING AN IN-DEPTH EXAMINATION, PRESENTED AS A PUBLIC REPORT NO
 LATER THAN SIX MONTHS FROM THE DATE THE TASK FORCE  IS  ESTABLISHED,  OF
 FLOOD CONTROL STUDY SECTORS AND ISSUES RELATED TO FLOODPLAIN MANAGEMENT,
 DEBRIS  MANAGEMENT,  FLOOD  CONTROL  AND FLOOD MITIGATION IN THE UPSTATE
 FLOOD MITIGATION REGION INCLUDING:
   (A) THE COST IMPACT OF FLOODING OVER THE LAST FIVE YEARS  ON  AGRICUL-
 TURE; TRANSPORTATION; LAND USE; HEALTH; INSURANCE; ECONOMIC SECTORS SUCH
 AS  TOURISM,  RECREATION  AND  POWER  GENERATION;  AS WELL AS IMPACTS ON
 INFRASTRUCTURE INCLUDING BRIDGES, LOW LYING ROADS, DAMS,  LOCKS,  CAUSE-
 WAYS, WATER AND WASTEWATER TREATMENT PLANTS AND DOCKS;

 S. 1324--A                          3
 
   (B)  AN  ASSESSMENT  OF CANAL OPERATION PROCEDURES AND PLANS WHICH MAY
 HAVE A DIRECT OR INDIRECT IMPACT ON FLOOD MITIGATION AND  FLOOD  MANAGE-
 MENT  INCLUDING,  BUT  NOT  LIMITED TO DEBRIS MANAGEMENT, COMMUNICATION,
 WATER MANAGEMENT AND FLOOD RESPONSE; AND
   (C) A LISTING OF ADAPTIVE MEASURES, WITH ASSOCIATED COSTS, THAT CAN BE
 TAKEN  TO  MITIGATE FLOOD DAMAGES, INCLUDING BUT NOT LIMITED TO FEASIBLE
 FLOODPLAIN  MANAGEMENT  ACTIVITIES,  DEBRIS  MANAGEMENT,  FLOOD  CONTROL
 STRUCTURES,  COMMUNICATION  SYSTEMS  AND  FLOOD MITIGATION EDUCATION FOR
 PUBLIC AND PRIVATE LANDOWNERS.
   2. ESTABLISHING AN UPSTATE FLOOD MITIGATION GRANT PROGRAM BASED ON THE
 TASK FORCE'S EVALUATION PURSUANT TO SECTION ONE HUNDRED THIRTY-NINE-D OF
 THIS ARTICLE WHICH UTILIZES EXISTING AVAILABLE FEDERAL AND STATE  MONIES
 TO FUND GRANTS WITHIN THE UPSTATE FLOOD MITIGATION REGION TO PREVENT AND
 MITIGATE  FLOOD  DAMAGE  WITHIN  THE  REGION. SUCH PROGRAM SHALL WORK IN
 CONJUNCTION WITH EXISTING FLOOD ASSISTANCE GRANT PROGRAMS AND SUPPLEMENT
 EXISTING EFFORTS BY PROVIDING FUNDS FOR ADAPTIVE MEASURES TO MITIGATE OR
 ELIMINATE A FLOOD EVENT.
   3. THE TASK FORCE SHALL HAVE THE POWER TO: (A)  CONTRACT  FOR  PROFES-
 SIONAL  AND TECHNICAL ASSISTANCE AND ADVICE; (B) CONTRACT FOR AND ACCEPT
 ASSISTANCE INCLUDING, BUT NOT LIMITED TO GIFTS, GRANTS,  EASEMENTS,  AND
 LOANS  OF  FUNDS,  REAL  PROPERTY AND PERSONAL PROPERTY FROM THE FEDERAL
 GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY OF THE STATE,  OR  FROM  ANY
 OTHER  PUBLIC  OR PRIVATE SOURCE TO COMPLY, SUBJECT TO THE PROVISIONS OF
 THIS ARTICLE, WITH THE TERMS AND  CONDITIONS  THEREOF,  SUBJECT  TO  THE
 APPROVAL  OF  THE  DIVISION OF BUDGET. NOTWITHSTANDING THE PROVISIONS OF
 SECTION ELEVEN OF THE STATE FINANCE  LAW,  THE  TASK  FORCE  MAY  ACCEPT
 GIFTS,  GRANTS,  DEVISES  AND  BEQUESTS, WHETHER CONDITIONAL OR UNCONDI-
 TIONAL WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET; (C) HOLD  PUBLIC
 HEARINGS; AND (D) ESTABLISH AN UPSTATE FLOOD MITIGATION GRANT PROGRAM TO
 BE  ADMINISTERED  BY THE CANAL CORPORATION AND BASED ON THE TASK FORCE'S
 EVALUATION WHICH UTILIZES EXISTING AVAILABLE FEDERAL AND STATE MONIES TO
 FUND GRANTS WITHIN THE UPSTATE FLOOD MITIGATION REGION  TO  PREVENT  AND
 MITIGATE FLOOD DAMAGE WITHIN THE REGION.
   4.  ALL  EXECUTIVE  DEPARTMENTS OF THE STATE AND THE CANAL CORPORATION
 SHALL PROVIDE THE TASK FORCE WITH SUCH FACILITIES, ASSISTANCE  AND  DATA
 AS WILL ENABLE THE TASK FORCE TO CARRY OUT ITS POWERS AND DUTIES.  ADDI-
 TIONALLY, ALL OTHER AGENCIES OF THE STATE OR SUBDIVISIONS THEREOF SHALL,
 AT  THE  REQUEST  OF THE CHAIR, PROVIDE THE TASK FORCE WITH SUCH FACILI-
 TIES, ASSISTANCE, AND DATA AS WILL ENABLE THE TASK FORCE  TO  CARRY  OUT
 ITS POWERS AND DUTIES.
   §  139-D.  UPSTATE  FLOOD  MITIGATION GRANT PROGRAM. 1. THE TASK FORCE
 SHALL ESTABLISH AN UPSTATE FLOOD MITIGATION GRANT PROGRAM TO BE ADMINIS-
 TERED BY THE CANAL CORPORATION BASED ON THE TASK FORCE'S IN-DEPTH  EXAM-
 INATION  OF FLOOD CONTROL STUDY SECTORS AND ISSUES RELATED TO FLOODPLAIN
 MANAGEMENT, DEBRIS MANAGEMENT, FLOOD CONTROL AND FLOOD MITIGATION IN THE
 UPSTATE FLOOD MITIGATION REGION.
   2. THE TASK FORCE SHALL ESTABLISH THE UPSTATE FLOOD  MITIGATION  GRANT
 PROGRAM  STRUCTURE  THAT SHALL BE ADMINISTERED BY THE CANAL CORPORATION.
 SUCH PROGRAM STRUCTURE SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE  DEFI-
 NITION  OF  ELIGIBLE  RECIPIENTS,  PROJECT  APPLICATION PROCESS, PROGRAM
 MAXIMUM PROJECT AWARD  AMOUNTS,  PROJECT  COST  SHARING  PARAMETERS  AND
 PROGRAM  FUNDING CYCLES. IT IS FURTHER PROVIDED, HOWEVER, THAT THE FIRST
 FUNDING CYCLE UNDER THIS PROGRAM SHALL BE AVAILABLE FOR AWARD  TO  GRANT
 RECIPIENTS DURING THE TWO THOUSAND SEVENTEEN-EIGHTEEN STATE FISCAL YEAR.
   § 2. The state finance law is amended by adding a new section 99-bb to
 read as follows:

 S. 1324--A                          4
 
   § 99-BB. UPSTATE FLOOD MITIGATION FUND.  1. THERE IS HEREBY CREATED IN
 THE  JOINT  CUSTODY  OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE
 STATE COMPTROLLER A FUND TO BE KNOWN AS THE  "UPSTATE  FLOOD  MITIGATION
 FUND".
   2.  THE  UPSTATE  FLOOD MITIGATION FUND SHALL CONSIST OF MONIES TRANS-
 FERRED ANNUALLY BY THE DIRECTOR OF THE BUDGET  FROM  EXISTING  AVAILABLE
 FEDERAL  AND  STATE  FUNDS  PURSUANT TO A FIVE-YEAR SCHEDULE ESTABLISHED
 WITHIN THE TWO THOUSAND SEVENTEEN-EIGHTEEN EXECUTIVE BUDGET.
   3. MONEYS IN THE FUND SHALL BE KEPT SEPARATE FROM  AND  SHALL  NOT  BE
 COMMINGLED  WITH  ANY OTHER MONEYS IN THE CUSTODY OF THE COMMISSIONER OF
 TAXATION AND FINANCE AND THE STATE COMPTROLLER.  ALL  DEPOSITS  OF  SUCH
 MONEY  SHALL,  IF REQUIRED BY THE COMPTROLLER, BE SECURED BY OBLIGATIONS
 OF THE UNITED STATES OR OF THE STATE OF MARKET VALUE EQUAL AT ALL  TIMES
 TO  THE  AMOUNT  OF  THE  DEPOSIT  AND ALL BANKS AND TRUST COMPANIES ARE
 AUTHORIZED TO GIVE SUCH SECURITIES FOR DEPOSIT.
   4. MONEYS OF THE FUND SHALL BE AVAILABLE FOR THE FINANCING  OF  GRANTS
 MADE  UNDER  THE  UPSTATE  FLOOD  MITIGATION  PROGRAM  AS ESTABLISHED IN
 SECTION ONE HUNDRED THIRTY-NINE-D OF THE CANAL LAW.
   § 3. 1. The appointment of upstate flood mitigation task force members
 shall be completed within one month of the effective date of this act.
   2. The task force shall complete the duties  required  under  sections
 139-c  and  139-d of the canal law, within six months of the appointment
 of task force members.
   § 4. This act shall take effect immediately;  provided  that  sections
 139,  139-b  and 139-c of the canal law, as added by section one of this
 act, shall expire and be deemed repealed on March 31, 2018.