Senate Bill S8158A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8158--A
 
                             I N  S E N A T E
 
                             January 10, 2024
                                ___________
 
 Introduced  by  Sens.  HARCKHAM, CLEARE, JACKSON, MAYER, PALUMBO -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Finance  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to enacting  the  climate
   resilient New York act of 2024

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new article 43  to
 read as follows:
                                ARTICLE 43
                  CLIMATE RESILIENT NEW YORK ACT OF 2024
 SECTION 930. SHORT TITLE.
         931. DECLARATION OF PURPOSE.
         932. OFFICE OF RESILIENCE.
         933. CHIEF RESILIENCE OFFICER.
         934. STATEWIDE RESILIENCE PLAN.
         935. RESILIENCE TASK FORCE.
         936. STATE AGENCY RESILIENCE COORDINATORS.
         937. INTERAGENCY RESILIENCE COORDINATION TEAM.
         938. PUBLIC ENGAGEMENT AND REPORTING.
   §  930.  SHORT  TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
 "CLIMATE RESILIENT NEW YORK ACT OF 2024".
   § 931. DECLARATION OF PURPOSE. THE  LEGISLATURE  RECOGNIZES  THAT  THE
 STATE IS PARTICULARLY VULNERABLE TO ADVERSE IMPACTS FROM CLIMATE CHANGE.
 IN  LESS THAN 15 YEARS, THE STATE HAS EXPERIENCED SIXTEEN CLIMATE DISAS-
 TER DECLARATIONS. THESE RISING RISKS  POSE  ECONOMIC,  SOCIAL,  ENVIRON-
 MENTAL,  AND PUBLIC HEALTH AND SAFETY CHALLENGES. A COORDINATED APPROACH
 IS NECESSARY TO EFFECTIVELY,  EFFICIENTLY,  AND  EQUITABLY  ADDRESS  AND
 PREPARE  FOR  THE  ADVERSE IMPACTS OF NEAR-, MID-, AND LONG-TERM CLIMATE
 THREATS ON THE STATE. THIS  ACT  THEREFORE  RELATES  TO  ESTABLISHING  A
 STATEWIDE  OFFICE  OF  CLIMATE  RESILIENCE; ADDING THE OFFICE OF CLIMATE
 RESILIENCE TO THE EXECUTIVE BRANCH OF GOVERNMENT; CREATING THE OFFICE OF
 RESILIENCE WITHIN THE OFFICE OF THE GOVERNOR; ESTABLISHING A CHIEF RESI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14027-02-4
 S. 8158--A                          2
 
 LIENCE OFFICER; ESTABLISHING RESILIENCE COORDINATORS IN EACH STATE AGEN-
 CY; PROVIDING FOR A STATEWIDE RESILIENCE PLAN TO BE COORDINATED  BY  THE
 OFFICE  OF  CLIMATE  RESILIENCE;  ESTABLISHING AN INTERAGENCY RESILIENCE
 COORDINATION  TEAM  AND  PROVIDING FOR ITS MEMBERS, MEETINGS, AND PUBLIC
 ENGAGEMENT; AND PROVIDING FOR RELATED MATTERS.
   § 932. OFFICE OF RESILIENCE. 1. THERE IS HEREBY CREATED IN THE  EXECU-
 TIVE  DEPARTMENT  AN  OFFICE  OF RESILIENCE, HEREINAFTER IN THIS ARTICLE
 REFERRED TO AS THE "OFFICE".
   2. THE OFFICE SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
   (A) COORDINATE THE RESILIENCE TASK FORCE AND PROVIDE STRATEGIC  DIREC-
 TION  FOR GOVERNMENTAL RESILIENCE INITIATIVES TO BUILD LONG-TERM CLIMATE
 RESILIENCE FOR A ROBUST, VIBRANT ECONOMY, SUSTAINABLE  NATURAL  ENVIRON-
 MENT,  HEALTHY  COMMUNITIES,  AND  AN  EQUITABLE  AND JUST TRANSITION TO
 FUTURE CLIMATE;
   (B) ESTABLISH AN INTERAGENCY RESILIENCE COORDINATION TEAM;
   (C) ESTABLISH, IN COLLABORATION WITH THE INTERAGENCY RESILIENCE  COOR-
 DINATION  TEAM,  A STATEWIDE RESILIENCE PLAN AND FRAMEWORK TO FACILITATE
 COORDINATION ACROSS RESILIENCE PLANS AT ALL LEVELS OF GOVERNMENT;
   (D) PROVIDE TECHNICAL GUIDANCE AND ASSISTANCE TO  AGENCIES  AND  LOCAL
 AND REGIONAL JURISDICTIONS, TO INTEGRATE STATEWIDE RESILIENCE GOALS INTO
 FUTURE PROJECTS, PLANS, AND PROGRAMS;
   (E)  ESTABLISH  A MEANS OF TRACKING PROGRESS TOWARD STATEWIDE GOALS ON
 CLIMATE RESILIENCE;
   (F) IDENTIFY AND DEVELOP POLICIES NECESSARY TO IMPLEMENT  A  STATEWIDE
 RESILIENCE PLAN AND RISK REDUCTION STRATEGY;
   (G) ESTABLISH AND MAINTAIN A WEBSITE WHICH SHALL FACILITATE THE SATIS-
 FACTION OF THE FUNCTIONS AND DUTIES OF THE OFFICE;
   (H)  ESTABLISH  AND MAINTAIN A PRINCIPAL OFFICE AND SUCH OTHER OFFICES
 WITHIN THE STATE AS IT MAY DEEM NECESSARY;
   (I) APPOINT A SECRETARY, COUNSEL, CLERKS AND SUCH OTHER EMPLOYEES  AND
 AGENTS AS IT MAY DEEM NECESSARY, FIX THEIR COMPENSATION WITHIN THE LIMI-
 TATIONS PROVIDED BY LAW, AND PRESCRIBE THEIR DUTIES; AND
   (J)  REQUIRE  THAT  STATE  AGENCIES  AND  ANY OTHER STATE OR MUNICIPAL
 DEPARTMENT, AGENCY, PUBLIC AUTHORITY, TASK FORCE, COMMISSION,  OR  OTHER
 STATE  OR  MUNICIPAL  GOVERNMENT  BODY,  PROVIDE AND THE SAME ARE HEREBY
 AUTHORIZED TO PROVIDE, SUCH ASSISTANCE,  DOCUMENTS,  AND  DATA  AS  WILL
 ENABLE THE OFFICE TO CARRY OUT ITS FUNCTIONS AND DUTIES.
   §  933.  CHIEF  RESILIENCE OFFICER. 1. THE HEAD OF THE OFFICE SHALL BE
 THE CHIEF RESILIENCE OFFICER WHO SHALL BE APPOINTED BY THE GOVERNOR  AND
 WHO SHALL HOLD OFFICE AT THE PLEASURE OF THE GOVERNOR.
   2.  THE  CHIEF  RESILIENCE OFFICER SHALL HAVE THE FOLLOWING FUNCTIONS,
 POWERS AND DUTIES:
   (A) EMPLOY OR ALLOCATE THE NECESSARY STAFF AND REQUEST THE  ASSISTANCE
 OF  PERSONNEL  OF  ANY STATE DEPARTMENT OR AGENCY TO CARRY OUT THE FUNC-
 TIONS, POWERS AND DUTIES  PROVIDED  IN  THIS  ARTICLE  OR  AS  OTHERWISE
 PROVIDED BY LAW;
   (B)  MANAGE  THE OFFICE, THE BUDGET FOR SUCH OFFICE, AND RELATED FUNC-
 TIONS AS PROVIDED BY LAW;
   (C) REVIEW AND RECONCILE STATE AGENCY COMMENTS ON FEDERALLY  SPONSORED
 RESILIENCE  AND  RISK  MITIGATION  ACTIVITIES  TO DEVELOP AND PRESENT AN
 OFFICIAL STATE POSITION;
   (D) REPRESENT THE POLICY AND CONSENSUS VIEWPOINT OF THE STATE  AT  THE
 FEDERAL,  REGIONAL,  STATE,  AND LOCAL LEVELS WITH RESPECT TO RESILIENCE
 AND RISK MITIGATION;
 S. 8158--A                          3
 
   (E) MONITOR AND SEEK AVAILABLE FUNDS TO SUPPORT THE STATE'S RESILIENCE
 PRIORITIES, INCLUDING COORDINATING CROSS-AGENCY FEDERAL FUNDING APPLICA-
 TIONS FOR COMMUNITY RESILIENCE PROJECTS;
   (F) PROVIDE STRATEGIC DIRECTION FOR INTERAGENCY AND CROSS-DISCIPLINARY
 INITIATIVES  TO  BUILD RESILIENCE, IN COLLABORATION WITH THE OTHER RELE-
 VANT RESILIENCE TASK FORCE AND ENTITIES AS THE CHIEF RESILIENCE  OFFICER
 DEEMS  APPROPRIATE,  FOR THE PURPOSES OF CLIMATE RESILIENCE PLANNING AND
 GOAL DEVELOPMENT, TRACKING AND REPORTING PROGRESS ON CLIMATE  RESILIENCE
 GOALS, AND PUBLIC ENGAGEMENT ON CLIMATE RESILIENCE ISSUES;
   (G)  APPRAISE  THE ADEQUACY OF STATUTORY AND ADMINISTRATIVE MECHANISMS
 FOR COORDINATING THE STATE'S POLICIES AND PROGRAMS AT  BOTH  THE  INTRA-
 STATE  AND  INTERSTATE  LEVELS,  AND  BETWEEN  FEDERAL, STATE, AND LOCAL
 GOVERNMENT, WITH RESPECT TO RESILIENCE AND RISK MITIGATION;
   (H) DEVELOP, WHERE APPROPRIATE, INTRASTATE OR INTERGOVERNMENTAL AGREE-
 MENTS TO FORMALIZE COORDINATION ROLES FOR REGIONAL RESILIENCE  PROJECTS,
 SUCH AS THE NEW YORK-NEW JERSEY HARBOR AND TRIBUTARIES PROJECT;
   (I)  APPRAISE  POLICY  BARRIERS  TO  MEET  THE GOALS OF THE STATE WITH
 RESPECT TO RESILIENCE AND RISK MITIGATION;
   (J) SERVE AS SUBJECT-MATTER EXPERT FOR THE STATE ON ISSUES RELATED  TO
 RESILIENCE AND MITIGATION AND PROVIDE RECOMMENDATIONS TO THE LEGISLATURE
 AND  FEDERAL CONGRESS WITH RESPECT TO POLICIES, PROGRAMS, AND COORDINAT-
 ING MECHANISMS RELATIVE TO RESILIENCE AND RISK MITIGATION;
   (K) ASSIST WITH THE STATE'S PLANNING EFFORTS, INCLUDING BUT NOT LIMIT-
 ED TO A STATEWIDE RESILIENCE PLAN, THE STATE HAZARD MITIGATION PLAN, AND
 OTHER RELEVANT STATE AND REGIONAL PLANS  FOR  WHICH  THERE  IS  A  STATE
 INTEREST, TO ENSURE THE INCORPORATION AND ALIGNMENT OF THE STATE'S RESI-
 LIENCE  GOALS  AND  OBJECTIVES  INTO  A UNIFIED, PROACTIVE, PRE-DISASTER
 APPROACH TO ADAPTATION AND NEAR-, MID-, AND LONG-TERM RESILIENCE;
   (L) TAKE OTHER ACTIONS CONSISTENT WITH LAW AS DEEMED NECESSARY BY  THE
 CHIEF  RESILIENCE OFFICER TO CARRY OUT SUCH OFFICER'S DUTIES, FUNCTIONS,
 AND RESPONSIBILITIES.
   § 934. STATEWIDE RESILIENCE PLAN.  1.  TO  COORDINATE  AND  STRENGTHEN
 EFFORTS  TO  REDUCE  LOSSES  FROM FUTURE DISASTERS ACROSS THE STATE, THE
 OFFICE SHALL CONTRIBUTE TO ALL STATEWIDE  PLANNING  EFFORTS  RELATED  TO
 RESILIENCE  AND  RISK MITIGATION AND SHALL DEVELOP A STRATEGIC STATEWIDE
 RESILIENCE PLAN TO PROTECT THE STATE FROM MULTIPLE CLIMATE THREATS.
   2. SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (A) ARTICULATION OF THE STATE'S RESILIENCE GOALS AND OBJECTIVES;
   (B) UTILIZATION OF THE BEST AVAILABLE SCIENCE, INCLUDING  A  RANGE  OF
 FUTURE   PROJECTIONS,   TO  IDENTIFY,  IMPLEMENT,  OR  REFORM  POLICIES,
 PROJECTS, AND PROGRAMS TO  ACHIEVE  THE  STATE'S  RESILIENCE  GOALS  AND
 OBJECTIVES;
   (C)  RECOMMENDED AGENCY-SPECIFIC STRATEGIC ACTIONS, INCLUDING CRITERIA
 FOR PRIORITIZATION BASED ON A VULNERABILITY ASSESSMENT OF THE RISKS FROM
 MULTIPLE  ENVIRONMENTAL  THREATS  TO  AGENCY  MISSION   AREAS,   ASSETS,
 SERVICES, AND POPULATIONS SERVED;
   (D)   PRIORITIZATION  OF  NATURAL,  NATURE-BASED,  AND  NON-STRUCTURAL
 APPROACHES TO MITIGATING CLIMATE THREATS, WHEREVER  POSSIBLE  INCLUDING,
 WITHOUT  LIMITATION,  USE  OF  LIVING  SHORELINES, RIPARIAN RESTORATION,
 PERMEABLE SURFACES, RAIN GARDENS, GREEN ROOFS,  TREE  CANOPY  EXPANSION,
 WETLAND  RESTORATION,  REMOVING, ALTERING, OR RIGHT-SIZING DAMS, NATURAL
 AREA CONSERVATION, WASTE-WATER AND STORMWATER  INFRASTRUCTURE  UPGRADES,
 ALTERATION  OF  STRUCTURES,  BUYOUTS,  AND  OTHER FLOOD AND EXTREME HEAT
 PREVENTION, MITIGATION AND RESILIENCY STRATEGIES OR PROJECTS;
   (E) SET GOALS AND RESILIENCE INDICATORS  THAT  SHALL  BE  TRACKED  AND
 REPORTED TO THE PUBLIC OVER TIME IN AN ANNUAL PROGRESS REPORT; AND
 S. 8158--A                          4
 
   (F)  A  FRAMEWORK  FOR  RESILIENCE  PROJECT  DEVELOPMENT, FUNDING, AND
 IMPLEMENTATION.  SUCH FRAMEWORK SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,
 THE FOLLOWING:
   (I)  SPATIAL ANALYSIS OF PROJECTED CLIMATE THREAT EXPOSURE AND VULNER-
 ABILITY, INCLUDING BUT NOT LIMITED TO FLOOD, EXTREME HEAT  AND  PRECIPI-
 TATION,  STORM  EVENTS, AND WILDFIRE, AND OTHER RISKS. SUCH ANALYSIS AND
 RESULTING MAPS SHOULD DELINEATE THE GEOGRAPHY AND THE SOCIAL AND ECOLOG-
 ICAL VULNERABILITY OF THE RISK, USING THE STATE'S ENVIRONMENTAL  JUSTICE
 AND  DISADVANTAGED  COMMUNITY  LAYERS  AND  INCLUDING CLIMATE-VULNERABLE
 ECOSYSTEMS, LEVERAGING EXISTING INFORMATION  FROM  THE  NEW  YORK  STATE
 CLIMATE  IMPACTS  ASSESSMENT, THE NEW YORK CITY PANEL ON CLIMATE CHANGE,
 AND OTHER REGIONAL, PEER-REVIEWED,  BEST  AVAILABLE  SCIENTIFIC  SOURCE,
 WHEREVER FEASIBLE;
   (II)  AN ACCESSIBLE, UPDATED DATABASE OR INVENTORY OF CRITICAL INFRAS-
 TRUCTURE VULNERABLE TO CURRENT AND FUTURE FLOODING, DEVELOPED IN COLLAB-
 ORATION WITH MUNICIPALITIES.  THIS INCLUDES THOSE THAT ARE ESSENTIAL FOR
 CRITICAL GOVERNMENT AND BUSINESS FUNCTIONS, NATIONAL SECURITY, TRANSPOR-
 TATION, UTILITIES, PUBLIC HEALTH AND  SAFETY,  THE  ECONOMY,  FLOOD  AND
 STORM PROTECTION, WATER QUALITY MANAGEMENT, AND WILDLIFE HABITAT MANAGE-
 MENT;
   (III) MAPS OR ACCESSIBLE, VISUAL REPRESENTATION OF FEDERAL, STATE, AND
 LOCAL  MUNICIPAL AND COUNTY PROJECTS PLANNED TO REDUCE SUCH RISKS, ALONG
 WITH THE FEDERAL, STATE, OR LOCAL AGENCIES LEADING  THOSE  PROJECTS  AND
 THE FUNDING SOURCE; AND
   (IV)  A STRATEGIC PLAN FOR DEVELOPING, FUNDING, AND FINANCING PROJECTS
 THAT ADDRESS SUCH RISKS  THROUGH  FEDERAL,  STATE,  LOCAL,  AND  PRIVATE
 SOURCES. SUCH STRATEGIC PLAN SHALL:
   (1)  INCLUDE  A STRATEGY FOR HOW TO MAKE EVERY EFFORT PRACTICABLE THAT
 DISADVANTAGED COMMUNITIES, AS IDENTIFIED PURSUANT TO SECTION 75-0111  OF
 THE  ENVIRONMENTAL  CONSERVATION  LAW, RECEIVE AT LEAST FORTY PERCENT OF
 THE BENEFITS OF PROPOSED PLANS AND PROJECTS; PROVIDED,  HOWEVER,  DISAD-
 VANTAGED  COMMUNITIES  SHALL RECEIVE NO LESS THAN THIRTY-FIVE PERCENT OF
 SUCH BENEFITS; AND
   (2) SEEKS TO BUILD ALIGNMENT AND EFFICIENCIES  ACROSS  AGENCY  VULNER-
 ABILITY ASSESSMENTS AND RESILIENCE STRATEGIES.
   §  935.  RESILIENCE  TASK FORCE. 1. THERE IS HEREBY ESTABLISHED WITHIN
 THE OFFICE A RESILIENCE TASK FORCE TO  PROVIDE  STRATEGIC  DIRECTION  TO
 RESILIENCE  EFFORTS  ACROSS  THE  STATE  AND MAKE RECOMMENDATIONS TO THE
 OFFICE.
   2. SUCH TASK FORCE SHALL BE COMPRISED OF THE FOLLOWING MEMBERS:
   (A)  THE  CHIEF RESILIENCE OFFICER, WHO SHALL SERVE AS CHAIR AND SHALL
 REPRESENT THE VIEWS OF THE INTERAGENCY RESILIENCE COORDINATION TEAM;
   (B) THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION,
 OR THEIR DESIGNEE;
   (C) THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
 CY SERVICES, OR THEIR DESIGNEE;
   (D) THE COMMISSIONER OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL,
 OR THEIR DESIGNEE;
   (E) THE SECRETARY OF STATE, OR THEIR DESIGNEE;
   (F) THE COMMISSIONER OF THE DEPARTMENT OF FINANCIAL SERVICES, OR THEIR
 DESIGNEE;
   (G) THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, OR THEIR DESIGNEE;
   (H) THE PRESIDENT OF THE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, OR
 THEIR DESIGNEE;
   (I)  THE  COMMISSIONER  OF  THE DEPARTMENT OF TRANSPORTATION, OR THEIR
 DESIGNEE;
 S. 8158--A                          5
 
   (J) THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS;
   (K)  THE CHAIR OF THE METROPOLITAN TRANSPORTATION AUTHORITY, OR  THEIR
 DESIGNEE;
   (L) THE CHAIR OF THE THRUWAY AUTHORITY, OR  THEIR DESIGNEE;
   (M) THE CHAIR OF THE BRIDGE AUTHORITY, OR THEIR DESIGNEE;
   (N)  THE  EXECUTIVE DIRECTOR OF THE PORT AUTHORITY, OR THEIR DESIGNEE;
 AND
   (O) A MEMBER OF THE GENERAL PUBLIC WITH EXPERTISE IN RESILIENCY  PLAN-
 NING.
   §  936.  STATE  AGENCY  RESILIENCE  COORDINATORS.  EACH  STATE  AGENCY
 INCLUDED IN THE RESILIENCE TASK FORCE  AND  ANY  OTHER  AGENCIES  TO  BE
 INCLUDED  IN  RESILIENCE  PLANNING AS DESIGNATED BY THE CHIEF RESILIENCE
 OFFICER OR RESILIENCE TASK FORCE SHALL APPOINT A RESILIENCE  COORDINATOR
 TO  WORK WITH THE CHIEF RESILIENCE OFFICER TO ENSURE RESILIENCE IS INTE-
 GRATED INTO AGENCY MISSIONS AND PRIORITIES, AND    OTHERWISE  COORDINATE
 WITH THE CHIEF RESILIENCE OFFICER.  SUCH COORDINATORS SHALL SERVE ON THE
 INTERAGENCY RESILIENCE COORDINATION TEAM ESTABLISHED PURSUANT TO SECTION
 NINE  HUNDRED  THIRTY-SEVEN OF THIS ARTICLE. EACH SUCH COORDINATOR SHALL
 BE APPOINTED BY A STATE AGENCY WITH THE EXCLUSIVE ROLE  OF  FOCUSING  ON
 CLIMATE RESILIENCE WITH SUCH AGENCY'S MISSION AND ACTIVITIES.
   §  937.  INTERAGENCY  RESILIENCE COORDINATION TEAM. 1. THERE IS HEREBY
 ESTABLISHED WITHIN THE OFFICE  AN  INTERAGENCY  RESILIENCE  COORDINATION
 TEAM  TO MAINTAIN AWARENESS, COMMUNICATION, AND ALIGNMENT WITH REGARD TO
 THE STATE'S RESILIENCE AND RISK MITIGATION NEEDS, PROGRESS, AND  PRIORI-
 TIES AND TO OVERSEE DEVELOPMENT OF THE STATEWIDE RESILIENCE PLAN.
   2. SUCH TEAM SHALL:
   (A)  BE  COMPRISED  OF  RESILIENCE COORDINATORS FROM EACH STATE AGENCY
 INCLUDED IN THIS ARTICLE OR OTHERWISE DESIGNATED BY THE CHIEF RESILIENCE
 OFFICER OR RESILIENCE TASK FORCE AND THE CHIEF RESILIENCE  OFFICER,  WHO
 SHALL SERVE AS CHAIR;
   (B)  MEET  UPON THE CALL OF THE CHAIR, WITH A MINIMUM OF FOUR MEETINGS
 ANNUALLY;
   (C) DEVELOP STRATEGIC PLANS FOR AGENCIES AND COLLABORATE IN THE DEVEL-
 OPMENT OF A STATEWIDE RESILIENCE PLAN; AND
   (D) DEVELOP AND IMPLEMENT A PLAN FOR PUBLIC ENGAGEMENT, REVIEW OF  KEY
 PRODUCTS  OF  THE  STATEWIDE  RESILIENCE  PLAN,  AND TRACK AND REPORT ON
 PROGRESS OF SUCH PLAN OVER TIME.
   3. THE CHIEF RESILIENCE OFFICER SHALL CONVENE THE FIRST MEETING OF THE
 INTERAGENCY RESILIENCE COORDINATION TEAM ON OR BEFORE THE NINETIETH  DAY
 AFTER THE EFFECTIVE DATE OF THIS SECTION.
   §  938.  PUBLIC  ENGAGEMENT  AND  REPORTING.  (A) PUBLIC ENGAGEMENT. A
 STATEWIDE RESILIENCE PLAN SHALL BE DEVELOPED  AND  THE  RESILIENCE  TASK
 FORCE  SHALL  HOLD  AT LEAST SIX REGIONAL PUBLIC COMMENT HEARINGS ON THE
 DRAFT PLAN, INCLUDING THREE MEETINGS IN THE  UPSTATE  REGION  AND  THREE
 MEETINGS  IN  THE DOWNSTATE REGION, AND SHALL ALLOW AT LEAST ONE HUNDRED
 TWENTY DAYS FOR THE SUBMISSION OF PUBLIC COMMENT. THE TASK  FORCE  SHALL
 PROVIDE MEANINGFUL OPPORTUNITIES FOR PUBLIC COMMENT FROM ALL SEGMENTS OF
 THE  POPULATION  THAT  WILL  BE  IMPACTED BY THE PLAN, INCLUDING PERSONS
 LIVING IN DISADVANTAGED COMMUNITIES AS IDENTIFIED  PURSUANT  TO  SECTION
 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (B) REPORTING. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
 SECTION,  AND EVERY FIVE YEARS THEREAFTER, THE OFFICE SHALL COMPLETE AND
 SUBMIT AN UPDATED STATEWIDE RESILIENCE PLAN TO THE LEGISLATURE AND  MAKE
 SUCH PLAN PUBLICLY AVAILABLE.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.