S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7329
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2023
                                ___________
 
 Introduced by M. of A. ARDILA -- read once and referred to the Committee
   on Environmental Conservation
 
 AN  ACT  to  establish a commission to be known as the "New York seawall
   study commission"; and providing for the  repeal  of  such  provisions
   upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. New York seawall study commission.  1.    There  is  hereby
 established,  within  the  department  of  environmental conservation, a
 seawall study  commission  ("commission")  which  shall  consist  of  16
 members who shall be appointed as follows:
   (a)  the  commissioner  of  environmental  conservation  or his or her
 designee;
   (b) the secretary of state or his or her designee;
   (c) three members appointed by the governor,  at  least  one  of  whom
 shall have expertise in environmental justice issues;
   (d)  two  members  to  be  appointed by the temporary president of the
 senate;
   (e) two members to be appointed by the speaker of the assembly;
   (f) one member to be appointed by the minority leader of the senate;
   (g) one member to be appointed by the minority leader of the assembly;
   (h) two members to be appointed by the mayor of the city of New York;
   (i) one member to be appointed by the county executive of  the  county
 of Nassau;
   (j)  one  member to be appointed by the county executive of the county
 of Suffolk; and
   (k) one member to be appointed by the county executive of  the  county
 of Westchester.
   2.  The  at large members should include individuals with expertise in
 one or more of the following  areas:  climatology;  hydrology;  environ-
 mental;  aquaculture;  flood  risk  management;  environmental  justice;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04620-01-3
              

 A. 7329                             2
 
 ecological restoration and management;  oceanography  or  coastal  ocean
 science; and engineering.
   3. Commission members shall receive no compensation for their services
 but  shall  be  reimbursed for actual and necessary expenses incurred in
 the performance of their duties.
   4. The chairperson of the commission  shall  be  the  commissioner  of
 environmental  conservation or his or her designee. The commission shall
 meet no less than four times and at other  times  at  the  call  of  the
 chairperson.
   5.  Any  vacancies  on  the  commission  shall be filled in the manner
 provided for in the initial appointment.
   6. The commission shall be authorized  to  hold  public  hearings  and
 meetings to enable it to accomplish its duties.
   7.  The  commission  may  consult  with  any organization, educational
 institution, other government entity or agency or person including,  but
 not  limited  to, the army corps of engineers, in the development of its
 report required by subdivision 10 of this section.
   8. The department of  environmental  conservation  shall  provide  the
 commission  with such facilities, assistance and data as will enable the
 commission to carry out its powers and duties.  Additionally, all  other
 agencies of the state or subdivisions thereof may, at the request of the
 chairperson,  provide  the  commission with such facilities, assistance,
 and data as will enable the commission  to  carry  out  its  powers  and
 duties.
   9.  The  purpose  of the New York seawall study commission shall be to
 identify  the  feasibility,  costs,  impacts,  and  best  locations  for
 construction of a seawall to protect the city of New York from sea level
 rise and storm surge along the entire coastline.
   10.  No later than December 31, 2026, the commission shall transmit to
 the governor, the temporary president of the senate and the  speaker  of
 the assembly a report containing the following:
   (a)  coastal  areas  at  greatest  risk  from  sea level rise based on
 projections established pursuant to section 3-0319 of the  environmental
 conservation law;
   (b) areas at risk from storm surge based on current sea levels;
   (c)  areas  that  are  more  likely to be at risk from coastal hazards
 including rising groundwater levels, saltwater intrusion, coastal flood-
 ing, and extreme weather events  including  coastal  storms,  with  such
 projections extending through year 2100;
   (d)  the  locations  for construction of a seawall and any communities
 likely to be at risk from such construction;
   (e) the feasibility, costs and locations of natural  and  nature-based
 solutions  and  onshore measures to protect New York city from sea level
 rise and storm surge;
   (f) the costs, including fiscal impacts, impacts on  vulnerable  popu-
 lations and natural resources, of such construction of a seawall; and
   (g)  recommendations  on  state  and local regulatory and/or statutory
 alterations.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed January 1, 2027.