The New York State Senate

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

                                  10779

                          I N  A S S E M B L Y

                              July 10, 2020
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Barnwell) --
  read once and referred to the Committee on Environmental Conservation

AN  ACT  to  establish a commission to be known as the "New York seawall
  study commission"; and providing for the  repeal  of  such  provisions
  upon expiration thereof

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

  Section 1. New York seawall study commission.  1.    There  is  hereby
established,  within  the  department  of  environmental conservation, a
seawall study  commission  ("commission")  which  shall  consist  of  16
members who shall be appointed as follows:
  (a)  the  commissioner  of  environmental  conservation  or his or her
designee;
  (b) the secretary of state or his or her designee;
  (c) three members appointed by the governor,  at  least  one  of  whom
shall have expertise in environmental justice issues;
  (d)  two  members  to  be  appointed by the temporary president of the
senate;
  (e) two members to be appointed by the speaker of the assembly;
  (f) one member to be appointed by the minority leader of the senate;
  (g) one member to be appointed by the minority leader of the assembly;
  (h) two members to be appointed by the mayor of the city of New York;
  (i) one member to be appointed by the county executive of  the  county
of Nassau;
  (j)  one  member to be appointed by the county executive of the county
of Suffolk; and
  (k) one member to be appointed by the county executive of  the  county
of Westchester.
  2.  The  at large members should include individuals with expertise in
one or more of the following  areas:  climatology;  hydrology;  environ-
mental;  aquaculture;  flood  risk  management;  environmental  justice;
ecological restoration and management;  oceanography  or  coastal  ocean
science; and engineering.

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

                                                           LBD16829-02-0

A. 10779                            2

  3. Commission members shall receive no compensation for their services
but  shall  be  reimbursed for actual and necessary expenses incurred in
the performance of their duties.
  4.  The  chairperson  of  the  commission shall be the commissioner of
environmental conservation or his or her designee. The commission  shall
meet  no  less  than  four  times  and at other times at the call of the
chairperson.
  5. Any vacancies on the commission  shall  be  filled  in  the  manner
provided for in the initial appointment.
  6.  The  commission  shall  be  authorized to hold public hearings and
meetings to enable it to accomplish its duties.
  7. The commission  may  consult  with  any  organization,  educational
institution,  other government entity or agency or person including, but
not limited to, the army corps of engineers, in the development  of  its
report required by subdivision 10 of this section.
  8.  The  department  of  environmental  conservation shall provide the
commission with such facilities, assistance and data as will enable  the
commission  to carry out its powers and duties.  Additionally, all other
agencies of the state or subdivisions thereof may, at the request of the
chairperson, provide the commission with  such  facilities,  assistance,
and  data  as  will  enable  the  commission to carry out its powers and
duties.
  9. The purpose of the New York seawall study commission  shall  be  to
identify  the  feasibility,  costs,  impacts,  and  best  locations  for
construction of a seawall to protect the city of New York from sea level
rise and storm surge along the entire coastline.
  10. No later than December 31, 2023, the commission shall transmit  to
the  governor,  the temporary president of the senate and the speaker of
the assembly a report containing the following:
  (a) coastal areas at greatest  risk  from  sea  level  rise  based  on
projections  established pursuant to section 3-0319 of the environmental
conservation law;
  (b) areas at risk from storm surge based on current sea levels;
  (c) areas that are more likely to be  at  risk  from  coastal  hazards
including rising groundwater levels, saltwater intrusion, coastal flood-
ing,  and  extreme  weather  events  including coastal storms, with such
projections extending through year 2100;
  (d) the locations for construction of a seawall  and  any  communities
likely to be at risk from such construction;
  (e)  the  feasibility, costs and locations of natural and nature-based
solutions and onshore measures to protect New York city from  sea  level
rise and storm surge;
  (f)  the  costs, including fiscal impacts, impacts on vulnerable popu-
lations and natural resources, of such construction of a seawall; and
  (g) recommendations on state and  local  regulatory  and/or  statutory
alterations.
  §  2.  This  act shall take effect immediately and shall expire and be
deemed repealed January 1, 2024.