S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8170
 
                             I N  S E N A T E
 
                             January 10, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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, after consul-
   tation with the environmental facilities corporation and department of
   state, to submit an annual agency stormwater expenditure report
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Sections  16-0101  through 16-0119 of article 16 of the
 environmental conservation law are designated title 1, and a  new  title
 heading is added to read as follows:
            STATE PARTICIPATION IN FEDERAL FLOOD CONTROL PROGRAM
   §  2.  Article  16 of the environmental conservation law is amended by
 adding a new title 3 to read as follows:
                                   TITLE 3
                       STATE STORMWATER FLOOD CONTROL
 SECTION 16-0301. AGENCY STORMWATER EXPENDITURE REPORTING.
 § 16-0301. AGENCY STORMWATER EXPENDITURE REPORTING.
   1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "AGENCY"  MEANS  ANY DEPARTMENT, BOARD, BUREAU, COMMISSION, DIVI-
 SION, OFFICE, OR COMMITTEE OF THE STATE, OR STATE AUTHORITY.
   (B) "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC  BENEFIT
 CORPORATION  CREATED BY OR EXISTING UNDER THE PUBLIC AUTHORITIES LAW, OR
 ANY OTHER LAW OF THE STATE OF NEW YORK, WITH ONE OR MORE OF ITS  MEMBERS
 APPOINTED BY THE GOVERNOR OR WHO SERVE AS MEMBERS BY VIRTUE OF HOLDING A
 CIVIL  OFFICE  OF  THE  STATE, OTHER THAN AN INTERSTATE OR INTERNATIONAL
 AUTHORITY OR PUBLIC BENEFIT CORPORATION, INCLUDING SUBSIDIARIES OF  SUCH
 PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION.
   (C)  "STORMWATER  FUNDING"  MEANS  ALL  SPENDING BY THE STATE ON WATER
 INFRASTRUCTURE PROJECTS INTENDED TO REDUCE OR MITIGATE FLOODING  IN  THE
 STATE.
   2. ANNUAL AGENCY STORMWATER EXPENDITURE REPORT.  THE DEPARTMENT, AFTER
 CONSULTATION  WITH THE ENVIRONMENTAL FACILITIES CORPORATION, THE DEPART-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00524-11-4
 S. 8170                             2
 
 MENT OF STATE, AND ANY OTHER APPLICABLE AGENCY OR STATE AUTHORITY, SHALL
 SUBMIT TO THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
 ASSEMBLY,  THE MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER OF
 THE  ASSEMBLY,  AS  EARLY AS PRACTICABLE, BUT NO LATER THAN THE FIRST OF
 JULY OF THE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, AN ANNUAL
 AGENCY STORMWATER  EXPENDITURE  REPORT.  SUCH  REPORT  SHALL  CONTAIN  A
 COMPREHENSIVE  ESTIMATE  AND  SUMMARY  OF  STORMWATER  FUNDING UNDER THE
 DEPARTMENT, THE ENVIRONMENTAL FACILITIES CORPORATION, THE DEPARTMENT  OF
 STATE  AND OTHER APPLICABLE AGENCIES OR STATE AUTHORITIES, INCLUDING, AT
 MINIMUM:
   (A) AMOUNTS SPENT IN THE PRIOR FISCAL YEAR; AND
   (B) RECOMMENDATIONS REGARDING FUTURE STORMWATER  FUNDING.  RECOMMENDA-
 TIONS SHALL:
   (I)  BE  BASED ON AN ANALYSIS WHICH TAKES INTO CONSIDERATION A VARIETY
 OF FACTORS INCLUDING, BUT NOT LIMITED TO, PROJECT TYPE, SOURCE OF FUNDS,
 WATERSHEDS OF PARTICULAR CONCERN, BENEFIT-COST RATIOS, PRIORITIZATION OF
 NATURE-BASED SOLUTIONS WHERE SUITABLE, PROJECT PIPELINE, AND RECOMMENDA-
 TIONS OF THE UPSTATE FLOOD MITIGATION  TASK  FORCE  AND  OTHER  RELEVANT
 INITIATIVES; AND
   (II) IDENTIFY ANY PROGRAMMATIC OR ADMINISTRATIVE CHALLENGES, ESTABLISH
 STATE-WIDE  OBJECTIVES  FOR  STORMWATER INFRASTRUCTURE IMPROVEMENTS, AND
 ESTIMATE WHAT FUTURE FUNDING INCREASES MAY BE  NECESSARY  TO  MEET  SUCH
 OBJECTIVES, WITH RELEVANT DETAIL.
   § 3. This act shall take effect on the first of February next succeed-
 ing the year in which it shall have become a law.