Assembly Bill A10053A

2021-2022 Legislative Session

Requires the department of environmental conservation to implement permit regulations and guidance regarding shoreline management

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2021-A10053 - Details

See Senate Version of this Bill:
S8828
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§1-0303 & 3-0301, En Con L
Versions Introduced in 2023-2024 Legislative Session:
A5221, S5186

2021-A10053 - Summary

Requires the department of environmental conservation to authorize and encourage the use of nature-based solutions as the preferred alternative for stabilizing tidal shorelines in the state; provides such solutions should be considered when promulgating and implementing rules and regulations relating to such.

2021-A10053 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10053
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced  by  M. of A. OTIS -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   requiring  the  department  of environmental conservation to implement
   permit regulations and guidance regarding shoreline management
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Section 1-0303 of the environmental conservation law is
 amended by adding a new subdivision 26 to read as follows:
   26. "NATURE-BASED SOLUTION" SHALL MEAN A PROJECT THAT IS SUPPORTED  OR
 INSPIRED  BY NATURE OR NATURAL PROCESSES AND FUNCTIONS AND THAT MAY ALSO
 OFFER ENVIRONMENTAL, ECONOMIC, AND  SOCIAL  BENEFITS,  WHILE  INCREASING
 RESILIENCE.  NATURE-BASED  SOLUTIONS  INCLUDE  BOTH  GREEN  AND  NATURAL
 INFRASTRUCTURE.
   § 2. Section 3-0301 of the environmental conservation law  is  amended
 by adding a new subdivision 2-a to read as follows:
   2-A. (A) TO FURTHER ASSIST IN CARRYING OUT THE POLICY OF THIS STATE AS
 PROVIDED  IN  SECTION  1-0101  OF  THIS  CHAPTER, THE DEPARTMENT, BY AND
 THROUGH THE COMMISSIONER SHALL:
   (I) AUTHORIZE AND ENCOURAGE THE USE OF NATURE-BASED SOLUTIONS  AS  THE
 PREFERRED ALTERNATIVE FOR STABILIZING TIDAL SHORELINES IN THE STATE WHEN
 PROMULGATING  AND  IMPLEMENTING  RULES AND REGULATIONS RELATING THERETO,
 SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, THOSE PROMULGATED AND IMPLE-
 MENTED FOR ARTICLES FIFTEEN, TWENTY-FIVE AND THIRTY-FOUR OF  THIS  CHAP-
 TER.  THE  DEPARTMENT SHALL CONSULT WITH THE UNITED STATES ARMY CORPS OF
 ENGINEERS TO ENSURE THE MINIMIZATION OF CONFLICTS WITH FEDERAL  LAW  AND
 REGULATION.
   (II) DEVELOP INTEGRATED GUIDANCE FOR THE MANAGEMENT OF TIDAL SHORELINE
 SYSTEMS  TO  PROVIDE  A  TECHNICAL  BASIS FOR THE COORDINATION OF PERMIT
 DECISIONS REQUIRED BY ANY REGULATORY ENTITY EXERCISING AUTHORITY OVER  A
 SHORELINE MANAGEMENT PROJECT. SUCH GUIDANCE SHALL:
   (1)  COMMUNICATE TO STAKEHOLDERS AND REGULATORY AUTHORITIES THAT IT IS
 THE POLICY OF  THE  STATE  TO  SUPPORT  NATURE-BASED  SOLUTIONS  AS  THE
 PREFERRED ALTERNATIVE FOR STABILIZING TIDAL SHORELINES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-A10053A (ACTIVE) - Details

See Senate Version of this Bill:
S8828
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§1-0303 & 3-0301, En Con L
Versions Introduced in 2023-2024 Legislative Session:
A5221, S5186

2021-A10053A (ACTIVE) - Summary

Requires the department of environmental conservation to authorize and encourage the use of nature-based solutions as the preferred alternative for stabilizing tidal shorelines in the state; provides such solutions should be considered when promulgating and implementing rules and regulations relating to such.

2021-A10053A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10053--A
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced  by M. of A. OTIS, BENEDETTO -- read once and referred to the
   Committee on Environmental Conservation -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   requiring  the  department  of environmental conservation to implement
   permit regulations and guidance regarding shoreline management
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Section 1-0303 of the environmental conservation law is
 amended by adding a new subdivision 26 to read as follows:
   26. "NATURE-BASED SOLUTION" SHALL MEAN  A  PROJECT  THAT  UTILIZES  OR
 MIMICS NATURE OR NATURAL PROCESSES AND FUNCTIONS AND THAT MAY ALSO OFFER
 ENVIRONMENTAL,  ECONOMIC,  AND SOCIAL BENEFITS, WHILE INCREASING RESILI-
 ENCE. NATURE-BASED SOLUTIONS INCLUDE BOTH GREEN AND NATURAL  INFRASTRUC-
 TURE.
   §  2.  Section 3-0301 of the environmental conservation law is amended
 by adding a new subdivision 2-a to read as follows:
   2-A. (A) TO FURTHER ASSIST IN CARRYING OUT THE POLICY OF THIS STATE AS
 PROVIDED IN SECTION 1-0101 OF  THIS  CHAPTER,  THE  DEPARTMENT,  BY  AND
 THROUGH THE COMMISSIONER SHALL:
   (I)  AUTHORIZE  AND ENCOURAGE THE USE OF NATURE-BASED SOLUTIONS AS THE
 PREFERRED ALTERNATIVE FOR STABILIZING TIDAL SHORELINES IN THE STATE WHEN
 PROMULGATING AND IMPLEMENTING RULES AND  REGULATIONS  RELATING  THERETO,
 SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, THOSE PROMULGATED AND IMPLE-
 MENTED  FOR  ARTICLES FIFTEEN, TWENTY-FIVE AND THIRTY-FOUR OF THIS CHAP-
 TER. THE DEPARTMENT SHALL CONSULT WITH THE UNITED STATES ARMY  CORPS  OF
 ENGINEERS  TO  ENSURE THE MINIMIZATION OF CONFLICTS WITH FEDERAL LAW AND
 REGULATION.
   (II) CONTINUE DEVELOPING INTEGRATED GUIDANCE  FOR  THE  MANAGEMENT  OF
 TIDAL  SHORELINE  SYSTEMS  TO  PROVIDE A TECHNICAL BASIS FOR THE COORDI-
 NATION OF PERMIT DECISIONS REQUIRED BY ANY REGULATORY ENTITY  EXERCISING
 AUTHORITY OVER A SHORELINE MANAGEMENT PROJECT. SUCH GUIDANCE SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13631-06-2
              

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