The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5557
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by  M.  of A. BARNWELL, GOTTFRIED, GRIFFIN, COLTON -- Multi-
   Sponsored by -- M. of A. BRABENEC, COOK, DICKENS,  FERNANDEZ,  HEVESI,
   HYNDMAN,  LAVINE, QUART, SEAWRIGHT, TAYLOR, VANEL, WEPRIN, WILLIAMS --
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07033-01-1

 A. 5557                             2

   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.
   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, 2024, 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, 2025.