NY State Senate Bill 2021-S8204

Senate Bill S8204

Signed By Governor

2021-2022 Legislative Session

Designates the director of the upstate flood mitigation task force and relates to assessments of Erie Canal system operation procedures related to flood mitigation and management

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Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2022	signed chap.370
Jun 22, 2022	delivered to governor
May 10, 2022	returned to senate passed assembly ordered to third reading cal.625 substituted for a9177c
May 05, 2022	referred to corporations, authorities and commissions delivered to assembly passed senate
May 02, 2022	advanced to third reading amended (t) 8204a
Apr 27, 2022	2nd report cal.
Apr 26, 2022	1st report cal.919
Feb 02, 2022	referred to energy and telecommunications

Votes

- May 5, 2022 - Floor Vote
  S8204
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 5, 2022
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (1)
      
      Brouk
  Apr 26, 2022 - Energy And Telecommunications Committee Vote
  S8204
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Apr 26, 2022
      
      aye (9)
      
      Boyle
      
      Gaughran
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Kennedy
      
      O'Mara
      
      Parker
      
      Ritchie

Bill Amendments

Original

A (Active)

2021-S8204 - Details

Law Section:: Canal Law
Laws Affected:: Amd §§139-a, 139-b & 139-c, Can L

2021-S8204 - Summary

Designates the director of the upstate flood mitigation task force; relates to assessments of Erie Canal system operation procedures related to flood mitigation and management.

2021-S8204 - Sponsor Memo

                                 
BILL NUMBER: S8204

SPONSOR: MANNION
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will make technical changes to the Upstate Flood Miti-
gation Task Force, including naming the Canal Corporation Director as
Chair of the Task Force

 
SUMMARY OF PROVISIONS:

Section 1. Amends section 139-a of the canal law to ensures the juris-
diction of the task force includes counties which the Erie Canal passes
through

Section 2. Amends section 139-b of the canal law to designate the direc-

tor of the canal corporation as the Chairperson of the task force

Section 3. Amends section 139-c of the canal law to clarify that assess-
ments of the "canal" refer to the "Erie Canal" and the report date is
presented one year from the establishment of the task force

Section 4. Effective Date

 
JUSTIFICATION:

The Upstate Flood Mitigation Task Force has yet to meet since its
creation. This legislation will make changes to ensure that the Upstate
Flood Mitigation Task Force can begin its work in evaluating potential
solutions along the Erie Canal - within the Mohawk Valley, and the Owes-
go River Basin. It also names the Chairperson of the Task Force as the
Director of the Canal Corporation as this task force was placed under
Canal law and would allow the entity with the most familiarity with the
canal to spearhead the task force. The legislation also pushes the
report date back from 6 months to 1 year to allow for new studies to be
conducted. The last study by the Army Corp of Engineers was in 1999.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

 
EFFECTIVE DATE:
Immediately.

2021-S8204 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8204
 
                             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
 
 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

   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] ONE YEAR from the date the task force is estab-
 lished, 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
 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] ERIE CANAL system operation procedures
 and plans which may have a direct or indirect impact on flood mitigation
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14440-02-2

 S. 8204                             2
 
 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. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  subdivision  5  of  section 139-a, subdivision 2 of
 section 139-b and subdivision 1 of section 139-c of the canal  law  made
 by  sections  one, two and three of this act shall not affect the repeal
 of such subdivisions and shall be deemed repealed therewith.

co-Sponsors

2021-S8204A (ACTIVE) - Details

Law Section:: Canal Law
Laws Affected:: Amd §§139-a, 139-b & 139-c, Can L

2021-S8204A (ACTIVE) - Summary

Designates the director of the upstate flood mitigation task force; relates to assessments of Erie Canal system operation procedures related to flood mitigation and management.

2021-S8204A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8204a

SPONSOR: MANNION
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will make technical changes to the Upstate Flood Miti-
gation Task Force, including naming the Canal Corporation Director as
Chair of the Task Force

 
SUMMARY OF PROVISIONS:

Section 1. Amends section 139-a of the canal law to ensures the juris-
diction of the task force includes counties which the Erie Canal passes

through

Section 2. Amends section 139-b of the canal law to designate the direc-
tor of the canal corporation as the Chairperson of the task force

Section 3. Amends section 139-c of the canal law to clarify that assess-
ments of the "canal" refer to the "Erie Canal" and the report date is
presented on July 1st 2023.

Section 4. Amends section 139-c of the canal law by adding requirements
for the number of times the task force must meet.

Section 5. Amends section 3 of chapter 448 of the laws of 2017 to entend
the task force's length of service.

Section 6. Effective Date

 
JUSTIFICATION:

The Upstate Flood Mitigation Task Force has yet to meet since its
creation. This legislation will make changes to ensure that the Upstate
Flood Mitigation Task Force can begin its work in evaluating potential
solutions along the Erie Canal - within the Mohawk Valley, and the Owes-
go River Basin. It also names the Chairperson of the Task Force as the
Director of the Canal Corporation as this task force was placed under
Canal law and would allow the entity with the most familiarity with the
canal to spearhead the task force. The legislation also pushes the
report date back from 6 months to 1 year to allow for new studies to be
conducted. The last study by the Army Corp of Engineers was in 1999.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

 
EFFECTIVE DATE:
Immediately.

2021-S8204A (ACTIVE) - Bill Text download pdf

                             
                     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.

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