S T A T E O F N E W Y O R K
________________________________________________________________________
943
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
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Introduced by M. of A. CROUCH, BARCLAY, FINCH, HAWLEY, MONTESANO,
PALMESANO -- read once and referred to the Committee on Environmental
Conservation
AN ACT to amend the environmental conservation law and the general
municipal law, in relation to authorizing and directing the establish-
ment of a stream maintenance and flood control program as a local
option for counties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 15-0501 of the environmental conservation law is
amended by adding a new subdivision 6-a to read as follows:
6-A. NO PERMIT UNDER THIS SECTION SHALL BE REQUIRED FOR STREAM MAINTE-
NANCE AND FLOOD CONTROL ACTIVITIES CONDUCTED IN FURTHERANCE OF A STREAM
MAINTENANCE AND FLOOD CONTROL PLAN APPROVED IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION TWO OF SECTION 16-0111 OF THIS CHAPTER.
§ 2. Section 15-0505 of the environmental conservation law is amended
by adding a new subdivision 4-a to read as follows:
4-A. NO PERMIT UNDER THIS SECTION SHALL BE REQUIRED FOR STREAM MAINTE-
NANCE AND FLOOD CONTROL ACTIVITIES CONDUCTED IN FURTHERANCE OF A STREAM
MAINTENANCE AND FLOOD CONTROL PLAN APPROVED IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION TWO OF SECTION 16-0111 OF THIS CHAPTER.
§ 3. Section 16-0111 of the environmental conservation law, as added
by chapter 727 of the laws of 1978, is amended to read as follows:
§ 16-0111. Powers and duties of commissioner.
1. The commissioner is hereby authorized and directed for and in
behalf of the state to carry out the state's participation in a federal
program of flood control, to sign all necessary agreements, and to do
and perform all necessary acts in connection therewith to consummate the
intent and purpose running with the approval by the federal government
of flood control projects in New York state and the allotment of moneys
for such projects, if, as and when made by the federal government. [He]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02768-01-9
A. 943 2
THE COMMISSIONER is authorized and empowered, notwithstanding any other
law of this state, to carry out the provisions of this act and to
perform and do such other and further acts not hereby specifically
provided in this act as may be necessary to carry out the projects
[herein] authorized UNDER THIS ARTICLE and so as to conform with the act
and rules, regulations and requirements of the federal government made
to govern the expenditures. Work may be carried out by contract or by
department forces or by a combination of these two methods. However, if
the commissioner deems it to be in the interest of the public, [he] THE
COMMISSIONER may agree with a municipal corporation affected by such
work, to have its contractor or its forces and equipment perform such
work, upon such terms as the commissioner may deem advantageous to the
state. The commissioner shall exercise [his] ANY powers and duties with
respect to the said flood control projects in a manner that will comply
with any act of congress applicable thereto and any rules and regu-
lations made and promulgated by virtue thereof.
2. (A) THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR OF THE
STATE EMERGENCY MANAGEMENT OFFICE AND LOCAL SOIL AND WATER CONSERVATION
DISTRICTS, IS AUTHORIZED AND DIRECTED TO ESTABLISH A STREAM MAINTENANCE
AND FLOOD CONTROL PROGRAM. THE LOCAL GOVERNING BODY OF A COUNTY MAY
ELECT TO PASS A LOCAL LAW PROVIDING A LOCAL OPTION INTO SUCH PROGRAM. IF
SUCH LOCAL OPTION IS ADOPTED, SUCH COUNTY SHALL CONSULT WITH THE DEPART-
MENT, THE STATE EMERGENCY MANAGEMENT OFFICE, THE APPROPRIATE LOCAL SOIL
AND WATER CONSERVATION DISTRICTS AND SUCH OTHER PERSONS AND ORGANIZA-
TIONS WITH EXPERTISE IN THE FIELD OF STREAM MAINTENANCE AND FLOOD
CONTROL AS MAY BE NECESSARY OR APPROPRIATE TO ASSURE THE DEVELOPMENT OF
THE STREAM MAINTENANCE AND FLOOD CONTROL PLAN.
(B) SUCH PLAN SHALL TAKE INTO ACCOUNT WEATHER PATTERNS, AN ANALYSIS OF
EXISTING CONDITIONS AND ANY HYDROLOGICAL DATA NECESSARY TO ESTABLISH A
SCHEDULE OF SPECIFIC SHORT AND LONG TERM STREAM MAINTENANCE AND/OR
RECLAMATION ACTIVITIES DESIGNED TO PREVENT FLOODING WHILE SIMULTANEOUSLY
IMPROVING AQUATIC HABITAT IN THE SUBJECT COUNTY WATERWAYS.
(C) UPON THE COMPLETION OF THE PLAN, THE DEPARTMENT SHALL HAVE THIRTY
DAYS TO APPROVE IT OR PROVIDE AN ALTERNATIVE RECOMMENDATION. ONCE THE
FINAL PLAN IS APPROVED BY THE DEPARTMENT, THE STREAM MAINTENANCE AND
FLOOD CONTROL ACTIVITIES SCHEDULED IN THE PLAN SHALL COMMENCE IMMEDIATE-
LY. THE COUNTY SHALL BE RESPONSIBLE FOR PERFORMING THE WORK OUTLINED IN
THE PLAN, HOWEVER, A COUNTY MAY CONTRACT WITH A TOWN, VILLAGE, SOIL AND
WATER CONSERVATION DISTRICT OR INDEPENDENT CONTRACTOR, AS NECESSARY, TO
EXECUTE THE REQUIRED MAINTENANCE ACTIVITIES. WHERE THE MAINTENANCE
ACTIVITIES IN THE PLAN ARE INTENDED TO OCCUR ON PRIVATE PROPERTY, THE
COUNTY, TOWN, VILLAGE, SOIL AND WATER CONSERVATION DISTRICT OR INDEPEND-
ENT CONTRACTOR PERFORMING THE WORK SHALL NOTIFY THE AFFECTED PROPERTY
OWNER AND REQUEST PERMISSION TO ENTER THE PROPERTY AND PERFORM THE SCHE-
DULED MAINTENANCE. SUCH WORK MAY BE DONE WITHOUT PERMISSION OF THE PROP-
ERTY OWNER UPON A FINDING BY THE LOCAL GOVERNING BODY OF THE COUNTY,
TOWN OR VILLAGE, WHERE THE PROPERTY IS SITUATED, THAT FAILURE TO MAKE
SUCH REPAIRS POSES AN UNWARRANTED RISK TO THE HEALTH, SAFETY OR WELFARE
OF THE RESIDENTS OF SUCH COUNTY, TOWN OR VILLAGE. ANY COUNTY, TOWN,
VILLAGE OR SOIL AND WATER CONSERVATION DISTRICT TAKING SUCH ACTION SHALL
CONSIDER THE IMPACTS UPSTREAM AND DOWNSTREAM OF WHERE THE STREAM MAINTE-
NANCE AND FLOOD CONTROL IS TO BE PERFORMED. FUNDING FOR ANY STREAM
MAINTENANCE AND FLOOD CONTROL ACTIVITIES SHALL BE MADE AVAILABLE FROM
THE MONIES APPROPRIATED TO THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED
PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
A. 943 3
§ 4. The general municipal law is amended by adding a new section
120-dd to read as follows:
§ 120-DD. STREAM MAINTENANCE AND FLOOD CONTROL BY LOCALITIES. A COUN-
TY, TOWN, VILLAGE OR SOIL AND WATER CONSERVATION DISTRICT ACTING PURSU-
ANT TO A STREAM MAINTENANCE AND FLOOD CONTROL PLAN ESTABLISHED UNDER
SUBDIVISION TWO OF SECTION 16-0111 OF THE ENVIRONMENTAL CONSERVATION LAW
SHALL BE AUTHORIZED TO ENGAGE IN STREAM MAINTENANCE AND FLOOD CONTROL
ACTIVITIES WHICH ARE NECESSARY FOR THE PROTECTION OF THE PUBLIC HEALTH
AND SAFETY. WHERE THE MAINTENANCE ACTIVITIES IN THE PLAN ARE INTENDED TO
OCCUR ON PRIVATE PROPERTY, THE COUNTY, TOWN, VILLAGE OR SOIL AND WATER
CONSERVATION DISTRICT PERFORMING THE WORK SHALL NOTIFY THE AFFECTED
PROPERTY OWNER AND REQUEST PERMISSION TO ENTER THE PROPERTY AND PERFORM
THE SCHEDULED WORK. SUCH WORK MAY BE DONE WITHOUT PERMISSION OF THE
PROPERTY OWNER UPON A FINDING BY THE LOCAL GOVERNING BODY OF THE COUNTY,
TOWN OR VILLAGE, WHERE THE PROPERTY IS SITUATED, THAT FAILURE TO MAKE
SUCH REPAIRS POSES AN UNWARRANTED RISK TO THE HEALTH, SAFETY OR WELFARE
OF THE RESIDENTS OF SUCH COUNTY, TOWN OR VILLAGE. ANY COUNTY, TOWN,
VILLAGE OR SOIL AND WATER CONSERVATION DISTRICT TAKING SUCH ACTION SHALL
CONSIDER THE IMPACTS UPSTREAM AND DOWNSTREAM OF WHERE THE STREAM MAINTE-
NANCE AND FLOOD CONTROL IS TO BE PERFORMED.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on or
before such effective date.