S. 3590 2
RESILIENCE TO THE EXECUTIVE BRANCH OF GOVERNMENT; CREATING THE OFFICE OF
RESILIENCE WITHIN THE OFFICE OF THE GOVERNOR; ESTABLISHING A CHIEF RESI-
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 OR SUPPORT TO AGENCIES
AND LOCAL AND REGIONAL JURISDICTIONS, TO INTEGRATE STATEWIDE RESILIENCE
GOALS INTO FUTURE PROJECTS, PLANS, AND PROGRAMS, AND TO FOSTER INTER-
MUNICIPAL COOPERATION;
(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;
S. 3590 3
(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;
(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) TO SERVE AS A CLEARINGHOUSE FOR THE BENEFIT OF MUNICIPALITIES
REGARDING INFORMATION RELATING TO FLOODING, EXTREME HEAT, AND OTHER RISK
PREVENTION AND MITIGATION, INCLUDING IMPACT PREVENTION AND MITIGATION
PROJECT FUNDING PROGRAMS, AND OTHER INFORMATION RELATING TO THEIR COMMON
PROBLEMS WITH RESPECT TO THESE HAZARDS AND THE STATE AND FEDERAL
SERVICES AVAILABLE TO ASSIST IN SOLVING SUCH PROBLEMS;
(M) 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;
S. 3590 4
(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
(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;
S. 3590 5
(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;
(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. 1. PUBLIC ENGAGEMENT. A STATE-
WIDE 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
S. 3590 6
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.
2. 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.
