Establishes the water resiliency projects fund for flood mitigation, stormwater mitigation and other water related resiliency projects; makes an appropriation therefor.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7104
SPONSOR: Otis TITLE OF BILL:
An act to amend the state finance law, in relation to establishing the
water resiliency projects fund; and making an appropriation therefor
PURPOSE OR GENERAL IDEA OF BILL:
Establishes a fund for state water-related resiliency projects, such as
flood mitigation and stormwater mitigation, under the joint custody of
the state comptroller and the commissioner of taxation and finance.
SUMMARY OF PROVISIONS:
Section 1 amends the state finance law by adding a new section 99-ss
to establish a "water resiliency projects fund" with guidance for sourc-
ing and dispersion of funds.
Section 2 appropriates funds from the Climate Action Fund as necessary
for water resiliency projects given approval from the state comptroller
and.commissioner of environmental conservation.
Section 3 states the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
n/a
JUSTIFICATION:
Since 2000, the U.S. East Coast has experienced a 150 percent increase
in annual high tide flood days. The increased high tide floods-perpetu-
ated by climate change-combined with Tropical Storm Ophelia on September
28th, 2023, and resulted in both New York and New Jersey declaring
states.of emergency.2 Unlike Hurricane Ida two years previously, this
flooding event did not result in a loss of life, but it did shut down
airports, train lines, and resulted in 19 billion dollars of damage to
the city.3
Lower Manhattan could see 85 days of high-tide flooding annually by 2050
(a fivefold increase) and 600,000 city residents could be affected by
regular tidal flooding by the end of the century-leading some to already
conclude that parts of New York are becoming unlivable.4 Our state is in
dire need of flood and stormwater mitigation efforts to withstand the
increased frequency and severity of these flooding events.
This legislation draws on the monies that will arise from New York
State's Cap and Invest program to provide funding for critical miti-
gation projects that will protect homes, businesses, transportation
services, infrastructure, and human lives from increased funding.
PRIOR LEGISLATIVE HISTORY:
2024: A9121/S7764 (Otis/HARCKHAM) referred to environmental
conservation/REFERRED TO FINANCE
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
1 National Oceanic & Atmospheric Administration:
https://tidesandcurrents.noaa.gov/HighTideFlooding AnnualOutlook.html
2 National Environmental Satellite, Data, and Information Service
(NESDIS) https://www.nesdis.noaa.gov/news/heavv-rains-cause-flooding-
new-vork- city
3 NBC News: https://www.nbcnews.com/science/environment/nyc-flooding-
climate-change- infrastructure-limitations-rcna118170
4 New York Times:
https://www.nytimes.com/2023/11/05/nvregion/nyc-flooding-climate-
change.html
STATE OF NEW YORK
________________________________________________________________________
7104
2025-2026 Regular Sessions
IN ASSEMBLY
March 20, 2025
___________
Introduced by M. of A. OTIS, LEVENBERG -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the state finance law, in relation to establishing the
water resiliency projects fund; and making an appropriation therefor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 99-ss to read as follows:
3 § 99-ss. Water resiliency projects fund. 1. There is hereby estab-
4 lished in the joint custody of the state comptroller and commissioner of
5 taxation and finance a special fund to be known as the "water resiliency
6 projects fund".
7 2. Such fund shall consist of all moneys appropriated thereto from any
8 other fund or source pursuant to law. Nothing contained in this section
9 shall prevent the state from receiving grants, gifts or bequests for the
10 purposes of the fund as defined in this section and depositing them into
11 the fund according to law.
12 3. All moneys deposited in the water resiliency projects fund shall be
13 available for projects undertaken for flood mitigation, stormwater miti-
14 gation and other water-related resiliency projects.
15 4. Moneys shall be payable from the fund on the audit and warrant of
16 the comptroller on vouchers approved and certified by the commissioner
17 of environmental conservation.
18 § 2. The sum of five hundred million dollars ($500,000,000), or so
19 much thereof as may be necessary, is hereby appropriated to the water
20 resiliency projects fund established pursuant to section 99-ss of the
21 state finance law from any moneys in the state treasury in the New York
22 climate action fund established pursuant to section 99-qq of the state
23 finance law not otherwise appropriated for the purposes of carrying out
24 the provisions of this act. Such sum shall be payable on the audit and
25 warrant of the state comptroller on vouchers certified or approved by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10452-01-5
A. 7104 2
1 the commissioner of environmental conservation in the manner provided by
2 law.
3 § 3. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law.
