S T A T E O F N E W Y O R K
________________________________________________________________________
8413--A
2021-2022 Regular Sessions
I N A S S E M B L Y
November 8, 2021
___________
Introduced by M. of A. CRUZ, FERNANDEZ, BURDICK, SIMON, DARLING, McDO-
NOUGH, GLICK -- read once and referred to the Committee on Govern-
mental Operations -- recommitted to the Committee on Governmental
Operations in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to establish a commission to be known as the "New York State
Temporary Commission on the Threat of Rising Oceans"; and providing
for the repeal of such provisions upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby established a temporary commission to be
known as the "New York State Temporary Commission on the Threat of
Rising Oceans", hereinafter referred to in this act as the "commission".
§ 2. 1. The commission shall be composed of 17 members appointed in
accordance with subdivision two of this section.
2. The members shall be appointed for the life of the commission as
follows:
(a) 3 shall be appointed by the temporary president of the senate;
(b) 1 shall be appointed by the minority leader of the senate;
(c) 3 shall be appointed by the speaker of the assembly;
(d) 1 shall be appointed by the minority leader of the assembly; and
(e) 9 shall be appointed by the governor.
3. The members of the commission shall be individuals who have know-
ledge or expertise, whether by experience or training, in matters to be
studied by the commission under subdivision six of this section.
4. The temporary president of the senate, the minority leader of the
senate, the speaker of the assembly, the minority leader of the assembly
and the governor shall make his or her respective appointments not later
than 60 days after the effective date of this act. Any vacancy that
occurs during the life of the commission shall not affect the powers of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09461-02-2
A. 8413--A 2
the commission and shall be filled in the same manner as the original
appointment not later than 30 days after the vacancy occurs.
5. A majority of the members shall constitute a quorum to conduct
business, but the commission may establish a lesser quorum for conduct-
ing hearings scheduled by the commission. Each member shall have 1 vote
and the vote of each member shall be accorded the same weight. The
commission may establish, by majority vote, any other rules for the
conduct of the commission's business, insofar as such rules are not
inconsistent with this section or other applicable law.
6. The commission shall conduct a comprehensive study on the threat of
rising ocean levels.
(a) The matters studied by the commission under this subdivision shall
include, but not be limited to:
(1) the threat of rising oceans on shoreline communities, their
infrastructure, and residents;
(2) options available to protect New York City and Long Island from
rising oceans and provide a cost estimate for such options;
(3) options available to protect New York Harbor from rising oceans,
including, but not limited to, the building of a sea wall and its asso-
ciated costs;
(4) international infrastructure in place to protect other regions
from rising oceans and provide a comparative description of what other
nations have done to address that threat in those regions and at what
costs;
(5) a review of the current flood zone designations of shoreline and
waterfront communities;
(6) a review of current flood insurance rate maps and impact on
increasing cost of obtaining flood insurance for property owners in
Federal Emergency Management Agency ("FEMA") designated communities that
are and will be prone to flooding;
(7) a review of critical infrastructure such as water and waste
filtration systems, chemical and fuel storage facilities, energy produc-
ing facilities and equipment in FEMA designated flood zones and the
impact of severe flooding of those areas; and
(8) the need for a public awareness campaign to inform residents in
flood zones on how to prepare for possible damage by rising oceans.
(b) Not later than March 1, 2023, the commission shall submit to the
governor, the senate, and the assembly a comprehensive report on the
commission's findings and conclusions. Such report shall address each
matter studied by the commission.
7. The commission shall have the power to hold hearings, at such sites
and to act at such times and places, to take such testimony, and to
receive such evidence as the commission considers advisable to carrying
out its duties under this section.
8. Members of the commission shall receive no compensation but shall
be reimbursed for their actual and necessary expenses in the performance
of their duties pursuant to this act.
§ 3. This act shall take effect immediately and shall expire April 1,
2023 when upon such date the provisions of this act shall be deemed
repealed.