S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9190
 
                           I N  A S S E M B L Y
 
                             February 9, 2022
                                ___________
 
 Introduced  by  M.  of  A.  CRUZ,  OTIS -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   office of flooding prevention and mitigation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The executive law is amended by adding a new  article  26-A
 to read as follows:
                               ARTICLE 26-A
               OFFICE OF FLOODING PREVENTION AND MITIGATION
 SECTION 730. DECLARATION OF FINDINGS AND LEGISLATIVE INTENT.
         731. OFFICE OF FLOODING PREVENTION AND MITIGATION.
         732. FUNCTIONS AND DUTIES OF THE OFFICE.
         733. SUPPORT FOR COUNTIES AND MUNICIPALITIES.
         734. GOVERNMENT ENTITY COORDINATION; INTRAGOVERNMENTAL MEETINGS.
         735. PUBLIC AVAILABILITY OF INFORMATION; REPORTING.
         736. FLOODING RESILIENCY.
   § 730. DECLARATION OF FINDINGS AND LEGISLATIVE INTENT. 1. THE LEGISLA-
 TURE  FINDS  THAT  FLOODING  EVENTS CONSTITUTE A SIGNIFICANT AND ONGOING
 THREAT TO PEOPLE AND PROPERTY IN THE  STATE  AND  THAT  THE  THREATS  OF
 FLOODING  ARE  EXPECTED  TO  BE EXACERBATED BY THE INCREASING EFFECTS OF
 CLIMATE CHANGE.  THE LEGISLATURE FURTHER FINDS THAT THERE IS A NEED  FOR
 BETTER  COORDINATION AND DIRECTION OF STATE AND LOCAL EFFORTS TO PREVENT
 AND MITIGATE FLOODING.
   2. THE LEGISLATURE DETERMINES THAT THERE IS A NEED FOR A NEW EXECUTIVE
 OFFICE TO MANAGE AND COORDINATE THE WORK OF VARIOUS EXISTING TASK  FORC-
 ES,  COMMISSIONS,  AND  OTHER  BODIES AND PROGRAMS TASKED WITH EXAMINING
 ISSUES RELATED TO FLOODING, TO REVIEW AND ASSESS BEST PRACTICES AND MAKE
 RECOMMENDATIONS REGARDING FLOOD PREVENTION AND MITIGATION, AND TO ASSIST
 MUNICIPALITIES IN DEVELOPING STRATEGIES AND POLICIES TO COMBAT FLOODING.
 ACCORDINGLY, IT IS THE LEGISLATURE'S INTENT THAT A NEW OFFICE OF  FLOOD-
 ING PREVENTION AND MITIGATION BE CREATED TO ACCOMPLISH THESE PURPOSES.
   §  731.  OFFICE OF FLOODING PREVENTION AND MITIGATION. THERE IS HEREBY
 CREATED AN OFFICE OF FLOODING PREVENTION AND MITIGATION IN THE EXECUTIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13557-02-1
 A. 9190                             2
 
 DEPARTMENT. FOR THE PURPOSES OF THIS ARTICLE, "THE  OFFICE"  SHALL  MEAN
 THE  OFFICE  OF  FLOODING PREVENTION AND MITIGATION. THE OFFICE SHALL BE
 HEADED BY A DIRECTOR, WHO SHALL BE APPOINTED BY THE GOVERNOR BY AND WITH
 THE  ADVICE  AND  CONSENT OF THE SENATE AND SHALL HOLD OFFICE DURING THE
 PLEASURE OF THE GOVERNOR. THE DIRECTOR SHALL  HAVE  SIGNIFICANT  PROFES-
 SIONAL  EXPERIENCE  IN  FLOODING  PLANNING,  PREVENTION, MITIGATION, AND
 RESILIENCY.  THE DIRECTOR SHALL RECEIVE A SALARY  TO  BE  FIXED  BY  THE
 GOVERNOR  WITHIN  THE  AMOUNT  APPROPRIATED THEREFOR. THE DIRECTOR SHALL
 APPOINT STAFF AND PERFORM SUCH OTHER FUNCTIONS TO ENSURE  THE  EFFICIENT
 OPERATION  OF  THE  OFFICE WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR BY
 APPROPRIATION.
   § 732. FUNCTIONS AND DUTIES OF THE OFFICE. THE OFFICE SHALL  HAVE  THE
 FOLLOWING FUNCTIONS AND DUTIES:
   1. TO ESTABLISH AND MAINTAIN A PRINCIPAL OFFICE AND SUCH OTHER OFFICES
 WITHIN THE STATE AS IT MAY DEEM NECESSARY.
   2.  TO  APPOINT  A SECRETARY, COUNSEL, CLERKS AND SUCH OTHER EMPLOYEES
 AND AGENTS AS IT MAY DEEM NECESSARY, FIX THEIR COMPENSATION  WITHIN  THE
 LIMITATIONS PROVIDED BY LAW, AND PRESCRIBE THEIR DUTIES.
   3.  TO  REQUIRE  THAT  STATE AGENCIES AND ANY OTHER STATE OR MUNICIPAL
 DEPARTMENT, AGENCY, PUBLIC AUTHORITY, TASK FORCE, COMMISSION,  OR  OTHER
 STATE  OR  MUNICIPAL  GOVERNMENT  BODY,  PROVIDE AND THE SAME ARE HEREBY
 AUTHORIZED TO PROVIDE, SUCH ASSISTANCE,  DOCUMENTS,  AND  DATA  AS  WILL
 ENABLE THE OFFICE TO CARRY OUT ITS FUNCTIONS AND DUTIES.
   4.  TO  ESTABLISH  AND  MAINTAIN  A WEBSITE WHICH SHALL FACILITATE THE
 SATISFACTION OF THE FUNCTIONS AND DUTIES OF THE OFFICE.
   5. TO ADVISE AND ASSIST THE GOVERNOR IN DEVELOPING  POLICIES  DESIGNED
 TO PREVENT AND MITIGATE FLOODING.
   6.  TO  COORDINATE STATE PROGRAMS AND ACTIVITIES RELATING TO FLOODING,
 INCLUDING, WITHOUT LIMITATION, RESILIENT NY, THE  DISASTER  PREPAREDNESS
 COMMISSION,  THE  FLOOD  MITIGATION  TASK  FORCE WITHIN THE CANAL CORPO-
 RATION, THE ROCKLAND-BERGEN FLOOD MITIGATION COUNCIL, THE NEW YORK STATE
 2100 COMMISSION, THE SEA LEVEL RISE TASK FORCE, THE DELAWARE RIVER BASIN
 COMMISSION, THE NEW YORK RISING COMMUNITY CONSTRUCTION PROGRAM  AND  THE
 UPSTATE  FLOOD  MITIGATION TASK FORCE, AND TO REQUIRE THAT SUCH ENTITIES
 OR PROGRAMS PROVIDE DOCUMENTS TO THE OFFICE.
   7. TO COOPERATE WITH, COORDINATE, ENCOURAGE AND  ASSIST  COUNTIES  AND
 MUNICIPALITIES IN THE DEVELOPMENT OF LOCAL PLANS AND POLICIES FOR FLOOD-
 ING PREPAREDNESS, PREVENTION, AND MITIGATION, TO REFER MUNICIPALITIES TO
 THE  APPROPRIATE  DEPARTMENTS  AND  AGENCIES  OF  THE  STATE AND FEDERAL
 GOVERNMENTS FOR ADVICE, ASSISTANCE AND AVAILABLE SERVICES  WITH  RESPECT
 TO  FLOODING,  AND TO ADVISE MUNICIPALITIES IN THE SOLUTION OF FLOODING-
 RELATED PROBLEMS.
   8. TO STUDY THE OPERATION OF LAWS AND  PROCEDURES  AFFECTING  FLOODING
 AND  RECOMMEND  TO THE GOVERNOR AND LEGISLATURE PROPOSALS TO IMPROVE THE
 ADMINISTRATION AND EFFECTIVENESS OF SUCH LAWS.
   9. TO CONSULT WITH AND COOPERATE  WITH  MUNICIPALITIES  AND  OFFICERS,
 ORGANIZATIONS,  GROUPS  AND INDIVIDUALS REPRESENTING THEM, TO THE END OF
 MORE EFFECTIVELY CARRYING OUT THE FUNCTIONS AND DUTIES OF THE OFFICE.
   10. TO UNDERTAKE, PROMOTE AND CONDUCT STUDIES, INQUIRIES, SURVEYS  AND
 ANALYSES  OF ISSUES RELATED TO FLOODING AND AS NECESSARY FOR PERFORMANCE
 OF THE FUNCTIONS AND DUTIES OF THE OFFICE THROUGH THE PERSONNEL  OF  THE
 OFFICE  OR  CONSULTANTS,  OR  IN  COOPERATION WITH ANY PUBLIC OR PRIVATE
 AGENCIES, NATIONAL ASSOCIATIONS, ACADEMIC INSTITUTIONS, AND NOT-FOR-PRO-
 FIT ORGANIZATIONS.
   11. TO SERVE AS A CLEARINGHOUSE  FOR  THE  BENEFIT  OF  MUNICIPALITIES
 REGARDING  INFORMATION  RELATING  TO FLOODING PREVENTION AND MITIGATION,
 A. 9190                             3

 INCLUDING FLOODING PREVENTION AND MITIGATION PROJECT  FUNDING  PROGRAMS,
 AND  OTHER INFORMATION RELATING TO THEIR COMMON PROBLEMS WITH RESPECT TO
 FLOODING AND THE STATE AND  FEDERAL  SERVICES  AVAILABLE  TO  ASSIST  IN
 SOLUTION OF THOSE PROBLEMS.
   12. TO RENDER EVERY THIRD YEAR TO THE GOVERNOR AND TO THE LEGISLATURE,
 ON  OR  BEFORE DECEMBER FIRST OF EACH SUCH YEAR, A WRITTEN REPORT ON THE
 OFFICE'S ACTIVITIES INCLUDING, BUT NOT LIMITED TO, SPECIFIC  INFORMATION
 ON  EACH  OF  THE  SUBDIVISIONS  OF THIS SECTION. SUCH REPORT SHALL ALSO
 INCLUDE BUT NOT BE LIMITED TO INFORMATION REGARDING SIGNIFICANT FLOODING
 EVENTS DURING THE INTERVENING YEARS AND AN ASSESSMENT OF THE ADEQUACY OF
 CURRENT FLOODING-RELATED PROGRAMS, POLICIES, AND STATE AND LOCAL GOVERN-
 MENT BODIES.
   13. TO MAKE PUBLICLY AVAILABLE INFORMATION REGARDING THE PROGRESS  AND
 EFFECTIVENESS  OF  GOVERNMENT-SUPPORTED  FLOOD PREVENTION AND MITIGATION
 EFFORTS IN THE STATE.
   14. TO DO ALL OTHER THINGS NECESSARY OR CONVENIENT TO  CARRY  OUT  THE
 FUNCTIONS  AND DUTIES EXPRESSLY SET FORTH IN THIS ARTICLE OR AS MAY FROM
 TIME TO TIME BE CONFIRMED UPON THE SECRETARY BY THE LEGISLATURE  OF  THE
 STATE.
   §  733. SUPPORT FOR COUNTIES AND MUNICIPALITIES. IN FURTHERANCE OF THE
 PROVISIONS OF SUBDIVISION NINE OF SECTION SEVEN  HUNDRED  THIRTY-TWO  OF
 THIS ARTICLE, THE OFFICE SHALL ENCOURAGE AND ASSIST LOCAL GOVERNMENTS IN
 THE  DEVELOPMENT  OF  PLANS  AND POLICIES FOR FLOOD PREVENTION AND MITI-
 GATION. SUCH ASSISTANCE SHALL BE AVAILABLE UPON  REQUEST  BY  THE  LOCAL
 GOVERNMENT. IN FURTHERANCE THEREOF, THE DIRECTOR SHALL:
   1.  ESTABLISH  SUCH PROGRAMS AND PROCESSES AS ARE CONVENIENT OR NECES-
 SARY FOR:
   (A) PROACTIVELY ENGAGING COUNTIES  AND  MUNICIPALITIES  IN  DEVELOPING
 FLOOD PREVENTION AND MITIGATION STRATEGIES,
   (B)   PROVIDING   FLOODING-RELATED  RESOURCES,  INCLUDING  INFORMATION
 REGARDING FINANCIAL ASSISTANCE FOR FLOODING PROJECTS,
   (C) COORDINATING AND FACILITATING CONSULTATION AND COORDINATION  AMONG
 LOCAL,  COUNTY,  REGIONAL,  STATE  AND  FEDERAL  GOVERNMENTAL BODIES AND
 COMMUNITY-BASED GROUPS, AND
   (D) SOLICITING INPUT FROM COUNTIES AND MUNICIPALITIES REGARDING FLOOD-
 ING-RELATED CONCERNS.
   2. DEVELOP AND MAINTAIN FORMS OF INTERMUNICIPAL AGREEMENTS  AND  OTHER
 DOCUMENTS  AS  MAY  ASSIST  IN  FACILITATING COOPERATION BETWEEN MUNICI-
 PALITIES IN ADDRESSING FLOODING ISSUES THAT INVOLVE MORE THAN ONE  MUNI-
 CIPALITY.
   3.  PROMOTE  FLOODING PREVENTION AND MITIGATION STRATEGIES, INCLUDING,
 WITHOUT LIMITATION, USE OF  LIVING  SHORELINES  AND  OTHER  NATURE-BASED
 SOLUTIONS, PERMEABLE SURFACES, RAIN GARDENS, WETLAND RESTORATION, WASTE-
 WATER  AND STORMWATER INFRASTRUCTURE UPGRADES, ALTERATION OF FLOOD-PRONE
 STRUCTURES,  AND  OTHER  FLOOD  PREVENTION,  MITIGATION  AND  RESILIENCY
 PROJECTS  ENCOMPASSED BY SUBDIVISION ONE OF SECTION 58-0303 AND SUBDIVI-
 SION ONE OF SECTION 54-1523 OF THE ENVIRONMENTAL CONSERVATION LAW.
   § 734. GOVERNMENT ENTITY COORDINATION; INTRAGOVERNMENTAL MEETINGS.  1.
 THE  OFFICE SHALL REGULARLY CONSULT AND COORDINATE ITS EFFORTS WITH SUCH
 OTHER STATE GOVERNMENT  BODIES  AND  OTHER  STATE,  REGIONAL,  OR  LOCAL
 PROGRAMS AS IS NECESSARY OR CONVENIENT TO SUCCESSFULLY FULFILL ITS FUNC-
 TIONS AND DUTIES.
   2.  THE  OFFICE  SHALL,  ON A BIANNUAL BASIS, CONVENE A MEETING OF THE
 EXECUTIVE OFFICERS OR SIMILAR OFFICIALS OR THEIR REPRESENTATIVES OF  THE
 DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  THE  OFFICE  OF  EMERGENCY
 MANAGEMENT,  THE  DEPARTMENT  OF  STATE,  RESILIENT  NY,  THE   DISASTER
 A. 9190                             4

 PREPAREDNESS  COMMISSION,  THE  FLOOD  MITIGATION  TASK FORCE WITHIN THE
 CANAL CORPORATION, THE ROCKLAND-BERGEN FLOOD MITIGATION COUNCIL, THE NEW
 YORK STATE 2100 COMMISSION, THE SEA LEVEL RISE TASK FORCE, THE  DELAWARE
 RIVER  BASIN  COMMISSION,  THE  NEW  YORK  RISING COMMUNITY CONSTRUCTION
 PROGRAM AND THE UPSTATE FLOOD MITIGATION  TASK  FORCE  TO  EVALUATE  THE
 EFFECTIVENESS  OF  FLOODING  PREVENTION  AND  MITIGATION  THROUGHOUT THE
 STATE, TO REVIEW AND ASSESS THE RESPECTIVE CONTRIBUTIONS OF  SUCH  ENTI-
 TIES  AND PROGRAMS TO FLOODING PREVENTION AND MITIGATION, AND TO FACILI-
 TATE COOPERATION AMONGST SUCH ENTITIES AND PROGRAMS.
   § 735. PUBLIC AVAILABILITY OF INFORMATION; REPORTING. 1.  IN  FURTHER-
 ANCE  OF THE PROVISIONS OF SUBDIVISION THIRTEEN OF SECTION SEVEN HUNDRED
 THIRTY-TWO OF THIS ARTICLE, THE OFFICE SHALL COLLECT AND  MAKE  PUBLICLY
 AVAILABLE  ON  ITS WEBSITE REPORTS, RESOURCES, DESCRIPTIONS OF PROCESSES
 AND RESPONSIBILITIES OF THE OFFICE AND OTHER STATE GOVERNMENTAL ENTITIES
 AND PROGRAMS TASKED WITH ADDRESSING  FLOODING-RELATED  ISSUES,  ANALYSES
 REGARDING  THE  EFFECTIVENESS  OF SUCH VARIOUS GOVERNMENTAL ENTITIES AND
 PROGRAMS AND OTHER RELATED AND RELEVANT INFORMATION  FROM  SUCH  GOVERN-
 MENTAL  ENTITIES  AND  PROGRAMS.  SUCH  GOVERNMENT ENTITIES AND PROGRAMS
 SHALL INCLUDE, WITHOUT LIMITATION, RESILIENT NY, THE DISASTER  PREPARED-
 NESS COMMISSION, THE FLOOD MITIGATION TASK FORCE WITHIN THE CANAL CORPO-
 RATION, THE ROCKLAND-BERGEN FLOOD MITIGATION COUNCIL, THE NEW YORK STATE
 2100 COMMISSION, THE SEA LEVEL RISE TASK FORCE, THE DELAWARE RIVER BASIN
 COMMISSION,  THE  NEW YORK RISING COMMUNITY CONSTRUCTION PROGRAM AND THE
 UPSTATE FLOOD MITIGATION TASK FORCE.
   2. NO LATER THAN DECEMBER FIRST, TWO  THOUSAND  TWENTY-THREE,  AND  BY
 NOVEMBER  THIRTIETH  OF  EVERY  THIRD  YEAR THEREAFTER, THE OFFICE SHALL
 TRANSMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND  THE
 SPEAKER OF THE ASSEMBLY A REPORT CONTAINING:
   (A)  AN  ASSESSMENT  OF  THE  EXTENT  AND MAGNITUDE OF FLOODING RISKS,
 INCLUDING IDENTIFYING THOSE REGIONS AND  POPULATIONS  MOST  AFFECTED  BY
 FLOODING;
   (B)  CRITERIA  AND GUIDELINES FOR IDENTIFYING AND PRIORITIZING REGIONS
 AND PROJECTS MOST IN NEED OF MITIGATION;
   (C) IDENTIFICATION OF EXISTING AND EMERGING  TECHNOLOGIES,  STRATEGIES
 AND  POLICIES  WHICH  CAN MITIGATE THE IMPACT OF FLOODING ON POPULATIONS
 AND INFRASTRUCTURE;
   (D) IDENTIFICATION OF POTENTIAL FUNDING SOURCES  TO  SUPPORT  RESIDEN-
 TIAL, COMMERCIAL AND PUBLIC MITIGATION EFFORTS;
   (E)  RESEARCH  PROJECTS  OR  STUDIES TO BETTER UNDERSTAND HOW FLOODING
 AFFECTS THE GEOGRAPHY AND THE POPULATION OF THIS STATE; AND
   (F) RECOMMENDATIONS TO THE GOVERNOR AND THE STATE  LEGISLATURE  AS  TO
 THE BEST USE OF STATE RESOURCES TO ASSIST FLOOD-PRONE COUNTIES AND MUNI-
 CIPALITIES TO PREVENT OR MITIGATE THE EFFECTS OF FLOODING.
   § 736. FLOODING RESILIENCY. IN FULFILLING THE PROVISIONS OF THIS ARTI-
 CLE, THE OFFICE SHALL INCORPORATE INTO ITS POLICIES, PROCESSES AND DECI-
 SIONS  CONSIDERATION  FOR  THE  INCREASED  LIKELIHOOD OF FLOODING DUE TO
 CLIMATE CHANGE AS COMPARED TO HISTORIC INDICATORS AND THE NEED FOR LONG-
 TERM RESILIENCY AGAINST SUCH INCREASE IN FLOODING. THE OFFICE IS AUTHOR-
 IZED TO AND SHALL TAKE ACTIONS AND  MAKE  RECOMMENDATIONS  WHICH  EXCEED
 CURRENT  BEST PRACTICES FOR FLOODING PREVENTION AND MITIGATION WHEN SUCH
 CURRENT BEST PRACTICES DO NOT SUFFICIENTLY ACCOUNT FOR THE LIKELIHOOD OF
 INCREASED FLOODING DUE TO CLIMATE CHANGE.
   § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 A. 9190                             5
 
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 3. This act shall take effect immediately.