S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8110
 
                             I N  S E N A T E
 
                              January 8, 2024
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT reconvening the New York state sea level  rise  task  force;  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. 1. New York state sea level rise task force. There is here-
 by reconvened, within the department of environmental conservation,  the
 sea  level  rise task force ("task force") established by chapter 613 of
 the laws of 2007, which  shall  consist  of  16  members  who  shall  be
 appointed as follows:
   (a) the commissioner of environmental conservation or their designee;
   (b) the secretary of state or their designee;
   (c) the commissioner of transportation or their designee;
   (d) the commissioner of health or their designee;
   (e)  the  director  of  the state emergency management office or their
 designee;
   (f) the superintendent of insurance or their designee;
   (g) two members to be appointed by  the  temporary  president  of  the
 senate;
   (h) two members to be appointed by the speaker of the assembly;
   (i) one member to be appointed by the minority leader of the senate;
   (j) one member to be appointed by the minority leader of the assembly;
   (k) one member to be appointed by the mayor of the city of New York;
   (l)  one  member to be appointed by the county executive of the county
 of Westchester;
   (m) one member to be appointed by the county executive of  the  county
 of Nassau; and
   (n)  one  member to be appointed by the county executive of the county
 of Suffolk.
   2. The at large members shall have expertise in one  or  more  of  the
 following  areas:   climatology; hydrology; economics; marine fisheries;
 law enforcement and emergency management; estuary programs; oceanography
 or coastal ocean science; ecology or  environmental  biology;  resilient
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13837-02-3
 S. 8110                             2
 
 infrastructure;  geographic mapping and spatial analysis; urban planning
 and sustainable development; and environmental justice.
   3. Task force 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 task force shall be the commissioner of  the
 department  of  environmental  conservation  or their designee. The task
 force shall meet no less than four times and at other times at the  call
 of the chairperson.
   5.  Any  vacancies  on  the  task  force shall be filled in the manner
 provided for in the initial appointment.
   6. The task force shall be authorized  to  hold  public  hearings  and
 meetings to enable it to accomplish its duties.
   7.  The  task  force  may  consult  with any organization, educational
 institution, other government entity or agency or person in the develop-
 ment of its report required by subdivision 10 of this section.
   8. The department of environmental conservation shall provide the task
 force with such facilities, assistance and data as will enable the  task
 force  to carry out its powers and duties. Additionally, all other agen-
 cies of the state or subdivisions thereof may, at  the  request  of  the
 chairperson,  provide  the  task force with such facilities, assistance,
 and data as will enable the task force  to  carry  out  its  powers  and
 duties.
   9.  The  purpose of the New York state sea level rise task force shall
 be to:
   (a) review the report and recommendations  previously  issued  by  the
 task  force,  and  to  determine  the progress made in effectuating such
 recommendations and what recommendations require additional efforts;
   (b) develop an updated evaluation of ways  of  protecting  New  York's
 remaining coastal ecosystems and natural habitats and increasing coastal
 community  resilience  in  the face of sea level rise, applying the best
 available science as to sea level rise and its anticipated impacts; and
   (c) updating previous recommendations and, if appropriate, making  new
 recommendations on sea level rise resiliency.
   10.  No later than December 31, 2025, the task force shall transmit to
 the governor, the temporary president of the senate and the  speaker  of
 the assembly a report containing the following:
   (a)  an  assessment  of present and anticipated impacts related to sea
 level rise;
   (b) an evaluation of previous recommendations of the task  force,  and
 any  new recommendations, related to mechanisms New York could establish
 or improve to provide  stronger,  more  protective  standards,  and  the
 implementation  and  enforcement  of such standards for coastal develop-
 ment, wetlands protection, shoreline erosion and damage mitigation,  and
 post-storm  approaches  for  New  York state in the context of sea level
 rise, including an evaluation of current  policies of the department  of
 environmental  conservation and the department of state and whether they
 reflect the recommendations of the task force;
   (c) an evaluation of previous recommendations of the task  force,  and
 any  new recommendations, regarding adaptive measures which may be taken
 to respond to sea level rise, including measures to:
   (i) protect and connect terrestrial  and  aquatic  habitats  to  allow
 animal  and  plant species to migrate as temperatures change, especially
 in already fragmented habitats;
   (ii) protect and restore habitat on which already stressed animal  and
 plant  species  depend  to maintain the integrity of natural communities
 S. 8110                             3
 
 and to protect ecological services they provide including flood control,
 drinking water supply protection, clean water and clean air;
   (iii)  identify  and  monitor  effects  of  climate change on animals,
 plants and natural communities;
   (iv) integrate climate change adaptation strategies into  state  envi-
 ronmental  plans,  including  but  not  limited  to those related to the
 community risk and resiliency act, as established by chapter 355 of  the
 laws  of  2014, and the climate leadership and community protection act,
 as established by chapter 106 of the laws of 2019; and
   (v)   ensure insurance industry  resiliency  and  understanding  among
 insureds regarding flooding risk.
   (d) an evaluation of previous recommendations, and any new recommenda-
 tions,  on  state  and  local regulatory and/or statutory alterations to
 respond to the impacts of sea level rise;
   (e)  (i) a review of the current flood zone designations of  shoreline
 and waterfront communities;
   (ii)  a  review  of  critical  infrastructure  such as water and waste
 filtration systems, chemical and fuel storage facilities, energy produc-
 ing facilities and equipment in FEMA   designated flood zones  prone  to
 flooding due to sea level rise; and
   (iii)  the   need  for a public awareness campaign to inform residents
 in flood zones prone to flooding due to sea level rise on how to prepare
 for sea level rise impacts;
   (f) consideration in such recommendations for:
   (i)  differences  between  areas  of  varying  developmental  density,
 including densely populated areas such as the city of New York; and
   (ii)  findings  and  recommendations  of  other  relevant governmental
 studies and reports, including but not limited to those of the NYS  2100
 Commission, the One NYC 2050 Strategic Plan, guidance developed pursuant
 to  the community risk and resiliency act, and the Scoping Plan required
 by section 75-0103 of the environmental conservation law; and
   (g) estimates of costs to residents, businesses,  and  governments  of
 sea level rise impacts and adaptation and mitigation measures.
   11.  No  later  than  December  31, 2025, the secretary of state shall
 transmit to the governor, the temporary president of the senate and  the
 speaker  of the assembly a report detailing how the state will implement
 the task force recommendations, including timelines for implementation.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed January 1, 2026.