Senate Bill S8204A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8204--A
     Cal. No. 919
 
                             I N  S E N A T E
 
                             February 2, 2022
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  reported  favorably from said committee, ordered to first
   and second report, amended on second report, ordered to a third  read-
   ing,  and to be reprinted as amended, retaining its place in the order
   of third reading

 AN ACT to amend the canal law, in relation to designating  the  director
   of  the  upstate  flood  mitigation task force and assessments of Erie
   Canal system operation procedures  related  to  flood  mitigation  and
   management;  and to amend chapter 448 of the laws of 2017 amending the
   canal law relating to the upstate  flood  mitigation  task  force,  in
   relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 5 of section 139-a of the canal law, as  added
 by chapter 448 of the laws of 2017, is amended to read as follows:
   5. "Upstate flood mitigation region" or "region" shall include a coun-
 ty[,  except a county wholly encompassed by a city and any county with a
 population of one million or more] THROUGH WHICH THE ERIE  CANAL  PASSES
 IN WHOLE OR IN PART.
   §  2.  Subdivision  2  of  section 139-b of the canal law, as added by
 chapter 448 of the laws of 2017, is amended to read as follows:
   2. The task force  [shall  appoint  a]  chairperson  [from  among  its
 members] SHALL BE THE DIRECTOR OF THE CANAL CORPORATION.
   §  3.  Subdivision  1  of  section 139-c of the canal law, as added by
 chapter 448 of the laws of 2017, is amended to read as follows:
   1. Conducting an in-depth examination, presented as a public report no
 later than [six months from the date the task force is established] JULY
 FIRST, TWO THOUSAND TWENTY-THREE, of flood  control  study  sectors  and
 issues  related  to  floodplain  management,  debris  management,  flood
 control and flood mitigation in  the  upstate  flood  mitigation  region
 including:
   (a)  the  cost or impact of flooding over the last five years to agri-
 culture; transportation; land use; public  health;  insurance;  economic
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14440-08-2
 S. 8204--A                          2
 
 sectors  such  as  tourism,  recreation and power generation; as well as
 impacts on infrastructure including  bridges,  low  lying  roads,  dams,
 locks, roads, water and wastewater treatment plants and docks;
   (b)  an  assessment  of [canal system] THE ERIE CANAL operation proce-
 dures and plans which may have a direct  or  indirect  impact  on  flood
 mitigation  and  flood  management  including, but not limited to debris
 management, communication, water management and flood response; and
   (c) a listing of adaptive measures, with associated costs, that  could
 be  executed  to  mitigate  flood  damages, including but not limited to
 feasible   floodplain   management   activities,   debris    management,
 construction  of flood control structures, construction of communication
 systems and flood mitigation education for public and  private  landown-
 ers.
   §  4. Section 139-c of the canal law is amended by adding a new subdi-
 vision 6 to read as follows:
   6. THE TASK FORCE SHALL MEET AT LEAST FOUR TIMES AT THE  CALL  OF  THE
 CHAIRPERSON  BETWEEN  THE  EFFECTIVE  DATE  OF THIS SUBDIVISION AND JULY
 FIRST, TWO THOUSAND TWENTY-THREE, AND ON  AN  ANNUAL  BASIS  THEREAFTER.
 SPECIAL MEETINGS MAY BE CALLED BY ITS CHAIRPERSON AND SHALL BE CALLED BY
 THE  CHAIRPERSON AT THE REQUEST OF A MAJORITY OF THE MEMBERS OF THE TASK
 FORCE THEN IN OFFICE.
   § 5. Section 3 of chapter 448 of the laws of 2017 amending  the  canal
 law  relating  to the upstate flood mitigation task force, as amended by
 chapter 164 of the laws of 2021, is amended to read as follows:
   § 3. This act shall take effect immediately; provided,  however,  that
 section  139-d  of  the  canal law, as added by section one of this act,
 shall take effect April 1, 2018; and provided, further,  that  this  act
 shall expire and be deemed repealed July 1, [2023] 2024.
   §  6.  This  act shall take effect immediately; provided, however that
 the amendments to article 13-B of the canal law made  by  sections  one,
 two,  three  and  four  of  this act shall not affect the expiration and
 repeal of such article and shall be deemed repealed therewith.