Senate Bill S8503

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8503
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                            September 10, 2025
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   permits granted in coastal erosion hazard areas
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 34-0103 of the environmental  conservation  law  is
 amended by adding two new subdivisions 5-a and 8-a to read as follows:
   5-A.  "GREEN INFRASTRUCTURE" SHALL MEAN THE RANGE OF MEASURES THAT USE
 PLANT OR SOIL SYSTEMS, PERMEABLE PAVEMENT OR OTHER PERMEABLE SURFACES OR
 SUBSTRATES, STORMWATER HARVEST  AND  REUSE,  OR  LANDSCAPING  TO  STORE,
 INFILTRATE,  OR  EVAPOTRANSPIRATE  STORMWATER  AND REDUCE FLOWS TO SEWER
 SYSTEMS OR TO SURFACE WATERS.
   8-A. "PERMEABLE PAVEMENT" SHALL MEAN A POROUS PAVING MATERIAL COMPOSED
 OF OPEN PORE PAVERS ON THE SURFACE LEVEL ACCOMPANIED  BY  AN  UNDERLYING
 DRAINAGE  LAYER  TO  FACILITATE WATER INFILTRATION INTO THE SUBGRADE OR,
 BLOCKS NONPOROUS MATERIALS THAT ARE SPACED TO PERMIT WATER INFILTRATION.
   § 2. Section 34-0109 of the environmental conservation law is  amended
 by adding five new subdivisions 4, 5, 6, 7 and 8 to read as follows:
   4.  GREEN INFRASTRUCTURE. AS A CONDITION OF ANY PERMIT ISSUED PURSUANT
 TO THIS ARTICLE, THE DEPARTMENT SHALL REQUIRE  GREEN  INFRASTRUCTURE  TO
 HELP REDUCE STORMWATER RUNOFF AND MITIGATE COASTAL EROSION.
   5.  MEASURES FOR COASTAL EROSION REDUCTION. MEASURES SHALL BE TAKEN TO
 REACH THE TECHNICAL STANDARDS FOR COASTAL EROSION REDUCTION  AS  SET  BY
 THE  DEPARTMENT. THE DEPARTMENT MAY ADOPT TECHNICAL GUIDANCE ON ACCEPTA-
 BLE PRACTICES FOR EACH SPECIFIC MEASURE. THIS MAY INCLUDE,  BUT  IS  NOT
 LIMITED  TO  PHYSICAL MONITORING, ECOLOGICAL ASSESSMENTS, DATA ANALYSIS,
 COST-BENEFIT ANALYSIS, RISK ASSESSMENT, AND MORE.
   6. COASTAL EROSION PREVENTATIVE MEASURES. SUCH COASTAL EROSION PREVEN-
 TATIVE MEASURES MAY INCLUDE, BUT ARE NOT LIMITED TO:
   (A) GREEN ROOFS OR VEGETATED ROOFING SYSTEMS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13736-01-5
              

 S. 8503                             2
 
   (B) PERMEABLE SURFACES AND PAVEMENTS;
   (C) VEGETATED RETENTION SYSTEMS; AND
   (D) PRESERVATION STRATEGIES SUCH AS TREE PLANTING.
   7.  WAIVERS  OR  MODIFICATIONS.  THE  DEPARTMENT  MAY  WAIVE OR MODIFY
 REQUIREMENTS. IF ONE MEASURE IS INFEASIBLE, THE DEPARTMENT  MAY  REQUIRE
 THE  INCORPORATION  OF  OTHER  PRACTICAL  MEASURES.  THE  DEPARTMENT MAY
 APPROVE A WAIVER OR MODIFICATION OF REQUIREMENTS IF IT DETERMINES THAT:
   (A) COMPLIANCE IS TECHNICALLY INFEASIBLE DUE TO  SITE-SPECIFIC  CONDI-
 TIONS  INCLUDING BUT NOT LIMITED TO HISTORIC STRUCTURES AND SOIL LIMITA-
 TIONS; OR
   (B) THE  COST  OF  COMPLIANCE  WOULD  RESULT  IN  A  FINANCIAL  BURDEN
 DISPROPORTIONATE TO THE VALUE OF THE DEVELOPMENT.
   8.  LOCAL  AND  COUNTY  ENFORCEMENT.  LOCAL AND COUNTY GOVERNMENTS ARE
 ENTITLED TO ENFORCE STRICTER STANDARDS AND GUIDELINES IN LINE  WITH  THE
 INTENTION  OF  THIS  ARTICLE,  TO  REDUCE STORMWATER RUNOFF AND MITIGATE
 COASTAL EROSION, AS PROMULGATED BY SECTIONS 34-0105 AND 34-0106 OF  THIS
 ARTICLE.
   §  3.  Section 34-0110 of the environmental conservation law, as added
 by chapter 841 of the laws of 1981, is amended to read as follows:
 § 34-0110. Provision of technical assistance.
   1. The commissioner shall encourage and assist affected local  govern-
 ments in the preparation and implementation of erosion hazard area ordi-
 nances  and  local laws. When an erosion hazard area has been identified
 pursuant to section 34-0104 of  this  article,  the  commissioner  shall
 provide  to the affected local governments whatever technical assistance
 may be necessary to enable such local governments to prepare  and  adopt
 erosion hazard area ordinances or local laws meeting the requirements of
 section  34-0105  of this article or section 34-0106 of this article, as
 the case may be. Such efforts shall include, as may be necessary,  maps,
 model erosion hazard area regulations, and other information.
   2.  (A)  AS  A  CONDITION  OF DEVELOPMENT IN IDENTIFIED COASTAL HAZARD
 AREAS, THE DEPARTMENT SHALL REQUIRE GREEN INFRASTRUCTURE TO HELP  REDUCE
 STORMWATER RUNOFF AND MITIGATE COASTAL EROSION IN A PHASED MANNER.
   (B)  THIS  REQUIREMENT SHALL DETERMINE WHAT STRUCTURES TO FIRST PRIOR-
 ITIZE BASED ON CHARACTERISTICS ESTABLISHED BY THE DEPARTMENT,  BEGINNING
 BY  DECEMBER FIRST, TWO THOUSAND TWENTY-SIX UNTIL DECEMBER THIRTY-FIRST,
 TWO THOUSAND THIRTY. SUCH CRITERIA SHALL INCLUDE:
   (I) PROXIMITY TO THE RECEDING SHORELINE;
   (II) THE PROPERTY'S CONTRIBUTION TO EROSION RISK; AND
   (III) RENOVATION FEASIBILITY AND COSTLINESS.
   3. THE DEPARTMENT MAY OFFER GRANTS, TECHNICAL ASSISTANCE,  OR  LOW-IN-
 TEREST FUNDING BASED ON THE FOLLOWING:
   (A)  CURRENT  SUBSTANTIAL RENOVATION, DEFINED AS RENOVATIONS EXCEEDING
 FIFTY PERCENT OF THE STRUCTURE'S VALUE;
   (B) IF THE PROPERTY IS UNDERGOING A TRANSFER; OR
   (C) PUBLIC OWNERSHIP  OR  IF  THE  STRUCTURE  ALREADY  RECEIVES  STATE
 CLIMATE RESISTANCE FUNDING.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.