senate Bill S8828A

2021-2022 Legislative Session

Requires the department of environmental conservation to implement permit regulations and guidance regarding shoreline management

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2022 referred to environmental conservation
delivered to assembly
passed senate
May 23, 2022 amended on third reading 8828a
May 11, 2022 advanced to third reading
May 10, 2022 2nd report cal.
May 09, 2022 1st report cal.1105
Apr 21, 2022 referred to environmental conservation

Co-Sponsors

S8828 - Details

See Assembly Version of this Bill:
A10053
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§1-0303 & 3-0301, En Con L

S8828 - Summary

Requires the department of environmental conservation to authorize and encourage the use of nature-based solutions as the preferred alternative for stabilizing tidal shorelines in the state; provides such solutions should be considered when promulgating and implementing rules and regulations relating to such.

S8828 - Sponsor Memo

S8828 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8828
 
                             I N  S E N A T E
 
                              April 21, 2022
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   requiring  the  department  of environmental conservation to implement
   permit regulations and guidance regarding shoreline management

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Section 1-0303 of the environmental conservation law is
 amended by adding a new subdivision 26 to read as follows:
   26. "NATURE-BASED SOLUTION" SHALL MEAN A PROJECT THAT IS SUPPORTED  OR
 INSPIRED  BY NATURE OR NATURAL PROCESSES AND FUNCTIONS AND THAT MAY ALSO
 OFFER ENVIRONMENTAL, ECONOMIC, AND  SOCIAL  BENEFITS,  WHILE  INCREASING
 RESILIENCE.  NATURE-BASED  SOLUTIONS  INCLUDE  BOTH  GREEN  AND  NATURAL
 INFRASTRUCTURE.
   § 2. Section 3-0301 of the environmental conservation law  is  amended
 by adding a new subdivision 2-a to read as follows:
   2-A. (A) TO FURTHER ASSIST IN CARRYING OUT THE POLICY OF THIS STATE AS
 PROVIDED  IN  SECTION  1-0101  OF  THIS  CHAPTER, THE DEPARTMENT, BY AND
 THROUGH THE COMMISSIONER SHALL:
   (I) AUTHORIZE AND ENCOURAGE THE USE OF NATURE-BASED SOLUTIONS  AS  THE
 PREFERRED ALTERNATIVE FOR STABILIZING TIDAL SHORELINES IN THE STATE WHEN
 PROMULGATING  AND  IMPLEMENTING  RULES AND REGULATIONS RELATING THERETO,
 SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, THOSE PROMULGATED AND IMPLE-
 MENTED FOR ARTICLES FIFTEEN, TWENTY-FIVE AND THIRTY-FOUR OF  THIS  CHAP-
 TER.  THE  DEPARTMENT SHALL CONSULT WITH THE UNITED STATES ARMY CORPS OF
 ENGINEERS TO ENSURE THE MINIMIZATION OF CONFLICTS WITH FEDERAL  LAW  AND
 REGULATION.
   (II) DEVELOP INTEGRATED GUIDANCE FOR THE MANAGEMENT OF TIDAL SHORELINE
 SYSTEMS  TO  PROVIDE  A  TECHNICAL  BASIS FOR THE COORDINATION OF PERMIT
 DECISIONS REQUIRED BY ANY REGULATORY ENTITY EXERCISING AUTHORITY OVER  A
 SHORELINE MANAGEMENT PROJECT. SUCH GUIDANCE SHALL:
   (1)  COMMUNICATE TO STAKEHOLDERS AND REGULATORY AUTHORITIES THAT IT IS
 THE POLICY OF  THE  STATE  TO  SUPPORT  NATURE-BASED  SOLUTIONS  AS  THE
 PREFERRED ALTERNATIVE FOR STABILIZING TIDAL SHORELINES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S8828A (ACTIVE) - Details

See Assembly Version of this Bill:
A10053
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§1-0303 & 3-0301, En Con L

S8828A (ACTIVE) - Summary

Requires the department of environmental conservation to authorize and encourage the use of nature-based solutions as the preferred alternative for stabilizing tidal shorelines in the state; provides such solutions should be considered when promulgating and implementing rules and regulations relating to such.

S8828A (ACTIVE) - Sponsor Memo

S8828A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8828--A
     Cal. No. 1105
 
                             I N  S E N A T E
 
                              April 21, 2022
                                ___________
 
 Introduced  by  Sens.  MAYER,  GOUNARDES,  MAY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- reported favorably from said committee, ordered
   to first and second report, ordered to a third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading

 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   requiring the department of environmental  conservation  to  implement
   permit regulations and guidance regarding shoreline management
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 1-0303 of the environmental  conservation  law  is
 amended by adding a new subdivision 26 to read as follows:
   26.  "NATURE-BASED  SOLUTION"  SHALL  MEAN  A PROJECT THAT UTILIZES OR
 MIMICS NATURE OR NATURAL PROCESSES AND FUNCTIONS AND THAT MAY ALSO OFFER
 ENVIRONMENTAL, ECONOMIC, AND SOCIAL BENEFITS, WHILE  INCREASING  RESILI-
 ENCE.  NATURE-BASED SOLUTIONS INCLUDE BOTH GREEN AND NATURAL INFRASTRUC-
 TURE.
   § 2. Section 3-0301 of the environmental conservation law  is  amended
 by adding a new subdivision 2-a to read as follows:
   2-A. (A) TO FURTHER ASSIST IN CARRYING OUT THE POLICY OF THIS STATE AS
 PROVIDED  IN  SECTION  1-0101  OF  THIS  CHAPTER, THE DEPARTMENT, BY AND
 THROUGH THE COMMISSIONER SHALL:
   (I) AUTHORIZE AND ENCOURAGE THE USE OF NATURE-BASED SOLUTIONS  AS  THE
 PREFERRED ALTERNATIVE FOR STABILIZING TIDAL SHORELINES IN THE STATE WHEN
 PROMULGATING  AND  IMPLEMENTING  RULES AND REGULATIONS RELATING THERETO,
 SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, THOSE PROMULGATED AND IMPLE-
 MENTED FOR ARTICLES FIFTEEN, TWENTY-FIVE AND THIRTY-FOUR OF  THIS  CHAP-
 TER.  THE  DEPARTMENT SHALL CONSULT WITH THE UNITED STATES ARMY CORPS OF
 ENGINEERS TO ENSURE THE MINIMIZATION OF CONFLICTS WITH FEDERAL  LAW  AND
 REGULATION.
   (II)  CONTINUE  DEVELOPING  INTEGRATED  GUIDANCE FOR THE MANAGEMENT OF
 TIDAL SHORELINE SYSTEMS TO PROVIDE A TECHNICAL  BASIS  FOR  THE  COORDI-
 NATION  OF PERMIT DECISIONS REQUIRED BY ANY REGULATORY ENTITY EXERCISING
 AUTHORITY OVER A SHORELINE MANAGEMENT PROJECT. SUCH GUIDANCE SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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