S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4245
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. ENGLEBRIGHT, OTIS, COLTON, FAHY, ABINANTI -- read
   once and referred 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, para-
 graphs f and g of subdivision 1 as amended and paragraph h  of  subdivi-
 sion  1  as added by chapter 106 of the laws of 2019, is amended to read
 as follows:
 § 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08695-01-1
              

 A. 4245                             2
 
   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;
   g.  climate change adaptation planning and supporting studies, includ-
 ing but not limited to vulnerability assessment  and  risk  analysis  of
 municipal drinking water, wastewater, and transportation infrastructure;
 [and]
   h.  to  establish  and  implement  easily-replicated  renewable energy
 projects, including solar arrays, heat pumps and wind turbines in public
 low-income housing in suburban, urban and rural areas; AND
   I. 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.]
   §  2.  The  environmental  conservation law is amended by adding a new
 section 54-1525 to read as follows:
 § 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.
   § 3. Subdivision 6 of section 15-3303 of the  environmental  conserva-
 tion  law,  as added by section 2 of part T of chapter 57 of the laws of
 2017, is amended to read as follows:
   6. Real property acquired, developed, improved, restored or  rehabili-
 tated  by  or through a municipality, COUNTY SOIL AND WATER CONSERVATION
 DISTRICT or not-for-profit corporation with funds made available  pursu-
 ant  to  this  title  shall  not  be sold, leased, exchanged, donated or
 otherwise disposed of or used for other than the public purposes of this
 title without the express authority of an act of the legislature,  which
 shall provide for the substitution of other lands of equal environmental
 value  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 commissioner.
   § 4. This act shall take effect immediately.