A06558 Summary:
BILL NO A06558B
SAME AS SAME AS S06617-B
SPONSOR Sweeney (MS)
COSPNSR Weisenberg, Glick, Lifton, Jaffee, Thiele, Abinanti, Otis, Englebright, Rosenthal, Rozic, Schimel,
Mosley, Gottfried, Barrett, Lupardo, Goldfeder, Colton, Jacobs, Buchwald, Titone, Ortiz, Mayer,
Skoufis, O'Donnell, Kavanagh
MLTSPNSR Bronson, Cusick, Fahy, Galef, Kearns, Malliotakis, McDonald, Millman, Rivera, Skartados, Weinstein
Amd En Con L, generally; amd S325, Ag & Mkts L; amd S1161, Pub Health L
Relates to future climate risk and/or sea level rise projections and other weather-related data.Go to topA06558 Actions:
BILL NO A06558B
04/09/2013 referred to environmental conservation
04/16/2013 reported referred to ways and means
04/16/2013 reported
04/18/2013 advanced to third reading cal.174
04/23/2013 passed assembly
04/23/2013 delivered to senate
04/23/2013 REFERRED TO ENVIRONMENTAL CONSERVATION
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 ordered to third reading cal.306
04/29/2014 amended on third reading 6558a
05/05/2014 passed assembly
05/05/2014 delivered to senate
05/05/2014 REFERRED TO ENVIRONMENTAL CONSERVATION
06/16/2014 recalled from senate
06/16/2014 RETURNED TO ASSEMBLY
06/16/2014 vote reconsidered - restored to third reading
06/16/2014 amended on third reading 6558b
06/19/2014 substituted by s6617b
S06617 AMEND=B SAVINO
02/14/2014 REFERRED TO ENVIRONMENTAL CONSERVATION
05/07/2014 AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
05/07/2014 PRINT NUMBER 6617A
05/13/2014 1ST REPORT CAL.623
05/14/2014 2ND REPORT CAL.
05/19/2014 ADVANCED TO THIRD READING
06/16/2014 AMENDED ON THIRD READING 6617B
06/19/2014 PASSED SENATE
06/19/2014 DELIVERED TO ASSEMBLY
06/19/2014 referred to ways and means
06/19/2014 substituted for a6558b
06/19/2014 ordered to third reading cal.306
06/19/2014 passed assembly
06/19/2014 returned to senate
09/19/2014 DELIVERED TO GOVERNOR
09/22/2014 SIGNED CHAP.355
Go to topA06558 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the environmental conservation law, the agriculture and markets law and the public health law, in relation to the consideration of future climate risk including sea level rise projections and other weather-related data; and in relation to requiring the preparation of model local zoning laws relating to climate risk PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure that state monies and permits include consideration of the effects of climate risk and extreme weather events. SUMMARY OF SPECIFIC PROVISIONS: This bill would establish the "Commu- nity Risk and Resiliency Act" that would: *require consideration of climate risk including sea level rise, storm surges and flooding, based on available data predicting the likelihood of future extreme weather events in the following: o State Smart Growth Infrastructure Policy Act; o Water Pollution and Drinking Water Revolving funds o Environmental Protection Fund (including municipal landfill gas management projects, municipal parks, local waterfront revitalization programs, coastal rehabilitation projects, and farmland protection); o major permits issued pursuant to the Uniform Procedures Act; *require the Department of State (DOS), in consultation with the Depart- ment of Environmental Conservation (DEC) to prepare model local laws concerning climate risk including sea level rise, storm surges and flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applica- ble and to make such model laws available to municipalities; *require DEC and DOS to develop additional-guidance 'on the use of resi- liency measures that utilize natural resources and natural processes to reduce risk; and, *require DEC, no later than January 1, 2016 to adopt regulations estab- lishing science-based state sea level rise projections. JUSTIFICATION: Extreme weather events and climate changes are becoming more common. According to the National Oceanic and Atmospheric Adminis- tration, March marked the 349th consecutive month with above-average temperatures. This means that people 28 years old or younger have never lived through a month that was colder than average. In addition, the National Climate Assessment and Development Advisory Committee report indicates "The Northeast has experienced a greater increase in extreme precipitation over the past few decades than any other region in the United States. Since 1958, the Northeast has seen a 74 percent increase in the amount of precipitation falling in very heavy events." Future extreme weather events will also be compounded by sea level rise. Sea level rise in the Northeast is expected to exceed the global aver- age. As a result, the chance of what is now a 1-in-10-year coastal flood event in the Northeast could triple by 2100, occurring roughly once every three years, simply in response to higher sea levels. This means that between one-half million and 2.3 million people will be at risk from flooding due only to sea level rise. These statistics have been illustrated most recently by the devastating impacts of Hurricane Sandy. In addition to the tragic loss of life, property and environmental damage, there is also an economic cost of extreme weather events. The financial toll of Hurricane Sandy on New. York is estimated to be at least $42 billion dollars. This legislation is intended to encourage advance planning for extreme weather events and to encourage the consideration of the effects of climate change. For example, the water and sewage treatment plants with- in the State sustained extensive damage as a result of Hurricane Sandy. As funding and permitting decisions are made regarding such plants in the future, decisions about the potential for damage from other extreme weather events should be .considered. The same is true for programs funded by the Environmental Protection Fund such as the Local Waterfront Revitalization Program. It is appropriate and necessary for climate risk to be an eligible component of funding and permitting and also for applicants to demonstrate that they have considered climate change and extreme weather impacts on their proposed projects. PRIOR LEGISLATIVE HISTORY: 2014- A. 6558 - Passed Assembly. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State. EFFECTIVE DATE: This act shall take effect on the 180th day and shall apply to all applications and/or permits received after such date.
A06558 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 6558--B Cal. No. 306 2013-2014 Regular Sessions IN ASSEMBLY April 9, 2013 ___________ Introduced by M. of A. SWEENEY, WEISENBERG, GLICK, LIFTON, JAFFEE, THIELE, ABINANTI, OTIS, ENGLEBRIGHT, ROSENTHAL, ROZIC, SCHIMEL, MOSLEY, GOTTFRIED, BARRETT, LUPARDO, GOLDFEDER, COLTON, JACOBS, BUCHWALD, TITONE, ORTIZ, MAYER, SKOUFIS -- Multi-Sponsored by -- M. of A. BRONSON, FAHY, GALEF, MALLIOTAKIS, McDONALD, MILLMAN, RIVERA, SKAR- TADOS, WEINSTEIN -- read once and referred to the Committee on Envi- ronmental Conservation -- advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading -- passed by Assembly and delivered to the Senate, recalled from the Senate, vote reconsidered, bill amended, ordered reprinted, retaining its place on the order of third reading AN ACT to amend the environmental conservation law, the agriculture and markets law and the public health law, in relation to the consider- ation of future climate risk including sea level rise projections and other weather-related data; and in relation to requiring the prepara- tion of model local zoning laws relating to climate risk The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known as and may be cited as the "commu- 2 nity risk and resiliency act". 3 § 2. Subdivision 2 of section 6-0107 of the environmental conservation 4 law is amended by adding a new paragraph k to read as follows: 5 k. to mitigate future physical climate risk due to sea level rise, 6 and/or storm surges and/or flooding, based on available data predicting 7 the likelihood of future extreme weather events, including hazard risk 8 analysis data if applicable. 9 § 3. Item (e) of subparagraph (ii) of paragraph d of subdivision 1 of 10 section 17-1909 of the environmental conservation law, as added by chap- 11 ter 565 of the laws of 1989, is amended to read as follows: 12 (e) conforms with applicable rules and regulations of the department, 13 including a demonstration that design and construction consider future EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10228-20-4A. 6558--B 2 1 physical climate risk due to sea level rise, and/or storm surges and/or 2 flooding, based on available data predicting the likelihood of future 3 extreme weather events, including hazard risk analysis data if applica- 4 ble. 5 § 4. Paragraphs g and h of subdivision 2 of section 27-1103 of the 6 environmental conservation law, as amended by chapter 618 of the laws of 7 1987, are amended and a new paragraph i is added to read as follows: 8 g. The impact on the municipality where the facility is to be cited in 9 terms of health, safety, cost and consistency with local planning, 10 zoning or land use laws and ordinances, [and] 11 h. The nature of the probable environmental impact, including specifi- 12 cation of the predictable adverse effects on the natural environment and 13 ecology, public health and safety, scenic, historic, cultural and recre- 14 ational value, water and air quality, wildlife and an evaluation of 15 measures to mitigate adverse effects[.], and 16 i. The future physical climate risk due to sea level rise, and/or 17 storm surges and/or flooding, based on available data predicting the 18 likelihood of future extreme weather events, including hazard risk anal- 19 ysis data if applicable. 20 § 5. Paragraph b of subdivision 1 of section 40-0113 of the environ- 21 mental conservation law, as added by chapter 672 of the laws of 1986, is 22 amended to read as follows: 23 b. Minimum standards and schedules for design, construction, installa- 24 tion, operation, maintenance, repair, monitoring, testing and inspection 25 of facilities. Schedules shall be based on factors such as type of 26 facility, type and quantity of hazardous substances stored, facility 27 age, condition and construction type, soil conditions, location of 28 facility relative to water supplies, surrounding population, and other 29 environmental factors including but not limited to future physical 30 climate risk due to sea level rise, and/or storm surges and/or flooding, 31 based on available data predicting the likelihood of future extreme 32 weather events, including hazard risk analysis data if available. 33 § 6. Subdivision 3 of section 49-0203 of the environmental conserva- 34 tion law is renumbered subdivision 4 and a new subdivision 3 is added to 35 read as follows: 36 3. The department and the office shall consider future physical 37 climate risk due to sea level rise, and/or storm surges and/or flooding, 38 based on available data predicting the likelihood of future extreme 39 weather events, including hazard risk analysis data if applicable. 40 § 7. Paragraph a of subdivision 2 of section 54-0303 of the environ- 41 mental conservation law, as added by chapter 610 of the laws of 1993 and 42 as designated by chapter 170 of the laws of 1994, is amended to read as 43 follows: 44 a. The commissioner of the office of parks, recreation and historic 45 preservation may enter into an agreement for the maintenance and opera- 46 tion of open space land conservation projects in urban areas or metro- 47 politan park projects by a municipality, or a not-for-profit corporation 48 or unincorporated association which demonstrates to the commissioner's 49 satisfaction that [it] the future physical climate risk due to sea level 50 rise, and/or storm surges and/or flooding, based on available data 51 predicting the likelihood of future extreme weather events, including 52 hazard risk analysis data if applicable, has been considered and the 53 municipality, not-for-profit corporation or unincorporated association 54 is financially or otherwise capable of operating and maintaining the 55 project for the benefit of the public and of maximizing public access to 56 such project. Any such agreement shall contain such provisions as shallA. 6558--B 3 1 be necessary to ensure that its operation and maintenance are consistent 2 with and in furtherance of this article and shall be subject to the 3 approval of the director of the budget, the comptroller and, as to form, 4 the attorney general. 5 § 8. Subdivision 3 of section 54-0503 of the environmental conserva- 6 tion law, as added by chapter 610 of the laws of 1993, is amended to 7 read as follows: 8 3. A closure investigation report which complies with the requirements 9 of applicable regulations of the department, including a demonstration 10 that future physical climate risk due to sea level rise, and/or storm 11 surges and/or flooding, based on available data predicting the likeli- 12 hood of future extreme weather events, including hazard risk analysis 13 data if applicable, has been considered, shall have been submitted. 14 § 9. Subdivision 1 of section 17-1015 of the environmental conserva- 15 tion law, as amended by chapter 334 of the laws of 2008, is amended to 16 read as follows: 17 1. The department shall, pursuant to section 17-0303 of this article, 18 promulgate rules and regulations establishing standards for existing and 19 new petroleum bulk storage facilities which shall include, but not be 20 limited to, design, equipment requirements, construction, installation 21 and maintenance. In proposing, preparing and compiling such rules and 22 regulations, the department shall include consideration of the future 23 physical climate risk due to sea level rise, and/or storm surges and/or 24 flooding, based on available data predicting the likelihood of future 25 extreme weather events, including hazard risk analysis data if applica- 26 ble. The department shall consult with the state petroleum bulk storage 27 code advisory council in proposing, preparing and compiling such rules 28 and regulations. In addition, the department shall consult with the 29 state fire prevention and building code council to assure that such 30 rules and regulations are consistent with the uniform fire prevention 31 and building code. 32 § 10. Subdivisions 1 and 5 of section 54-1101 of the environmental 33 conservation law, as amended by chapter 309 of the laws of 1996, are 34 amended to read as follows: 35 1. The secretary is authorized to provide on a competitive basis, 36 within amounts appropriated, state assistance payments to municipalities 37 toward the cost of any local waterfront revitalization program, includ- 38 ing planning projects to mitigate future physical climate risks. Eligi- 39 ble costs include planning, studies, preparation of local laws, and 40 construction projects. 41 5. The secretary shall impose such contractual requirements and condi- 42 tions upon any municipality which receives state assistance payments 43 pursuant to this article as may be necessary and appropriate to ensure 44 that a public benefit shall accrue from the use of such funds by the 45 municipality including but not limited to, a demonstration that future 46 physical climate risk due to sea level rise, and/or storm surges and/or 47 flooding, based on available data predicting the likelihood of future 48 extreme weather events, including hazard risk analysis data if applica- 49 ble, has been considered. 50 § 11. Subdivision 1 of section 54-1105 of the environmental conserva- 51 tion law, as added by chapter 610 of the laws of 1993, is amended to 52 read as follows: 53 1. The commissioner is authorized to provide on a competitive basis, 54 within amounts appropriated, state assistance payments to a municipality 55 or a not-for-profit corporation toward the cost of any coastal rehabili- 56 tation project approved by the commissioner provided that the commis-A. 6558--B 4 1 sioner determines that future physical climate risk due to sea level 2 rise, and/or storm surges and/or flooding, based on available data 3 predicting the likelihood of future extreme weather events, including 4 hazard risk analysis data if applicable, has been considered. 5 § 12. Subdivision 2 of section 325 of the agriculture and markets law 6 is amended by adding a new paragraph (f) to read as follows: 7 (f) In evaluating applications for funding, the commissioner shall 8 consider whether future physical climate risk due to sea level rise, 9 and/or storm surges and/or flooding, based on available data predicting 10 the likelihood of future extreme weather events, including hazard risk 11 analysis data if applicable, has been considered. 12 § 13. Section 1161 of the public health law, as added by chapter 413 13 of the laws of 1996, is amended to read as follows: 14 § 1161. Eligible projects; priority ranking. Subject to the 15 provisions of section thirty-two of the chapter of the laws of 1996 16 which added this section, in consultation with the commissioner of envi- 17 ronmental conservation, the commissioner shall establish and maintain a 18 list of potentially eligible projects and shall establish, pursuant to 19 rules and regulations, a process for listing potentially eligible 20 projects identified by potential recipients and a priority ranking 21 system for the purpose of providing financial assistance to recipients 22 for such projects under this title. In establishing such system, the 23 commissioner shall take into account the public health significance of 24 such potentially eligible projects which shall include, but need not be 25 limited to, an assessment of (i) public health and safety; (ii) popu- 26 lation affected; (iii) attainment of state drinking water quality goals 27 and standards; (iv) taking into consideration the water resources 28 management strategy pursuant to title twenty-nine of article fifteen of 29 the environmental conservation law; (v) taking into consideration future 30 physical climate risk due to sea level rise, and/or storm surges and/or 31 flooding, based on available data predicting the likelihood of future 32 extreme weather events, including hazard risk analysis data if applica- 33 ble; and [(v)] (vi) compliance with state and federal law, rules and 34 regulations. 35 § 14. The department of state, in cooperation with the department of 36 environmental conservation, shall prepare model local laws that include 37 consideration of future physical climate risk due to sea level rise, 38 and/or storm surges and/or flooding, based on available data predicting 39 the likelihood of future extreme weather events including hazard risk 40 analysis and shall make such laws available to municipalities. 41 § 14-a. Section 23-0305 of the environmental conservation law is 42 amended by adding a new subdivision 8-a to read as follows: 43 8-a. The department shall include consideration of future physical 44 climate risk due to sea level rise, and/or storm surges and/or flooding, 45 based on available data predicting the likelihood of extreme weather 46 events, including hazard risk analysis data if applicable, to permits 47 issued pursuant to title five of this article. 48 § 15. Section 70-0117 of the environmental conservation law is amended 49 by adding a new subdivision 9 to read as follows: 50 9. Applicants for major projects. Applicants for major projects for 51 the regulatory programs of paragraphs (a), (f), (h), (i), (j), (k) and 52 (m) of subdivision 3 of section 70-0107 of this article shall be 53 required to demonstrate that future physical climate risk due to sea 54 level rise, and/or storm surges and/or flooding, based on available data 55 predicting the likelihood of future extreme weather events, including 56 hazard risk analysis data if applicable, has been considered.A. 6558--B 5 1 § 16. The department of environmental conservation, in consultation 2 with the department of state, no later than January 1, 2017 shall 3 prepare guidance on the implementation of this act, including but not 4 limited to available and relevant data sets and risk analysis tools and 5 available data predicting the likelihood of future extreme weather 6 events. In addition, the department of environmental conservation and 7 the department of state shall develop additional guidance on the use of 8 resiliency measures that utilize natural resources and natural processes 9 to reduce risk. 10 § 17. The environmental conservation law is amended by adding a new 11 section 3-0319 to read as follows: 12 § 3-0319. Sea level rise projections. 13 The department shall, no later than January first, two thousand 14 sixteen, adopt regulations establishing science-based state sea level 15 rise projections. In adopting such regulations, the department shall 16 consider information including, but not limited to, reports of the 17 Intergovernmental Panel on Climate Change, the National Oceanic Atmo- 18 spheric Administration Climate Assessment, the Sea Level Rise Task Force 19 report created pursuant to chapter six hundred thirteen of the laws of 20 two thousand seven, projections prepared by the New York City Panel on 21 Climate Change and any other relevant regional, state and local reports. 22 The department shall update such regulations no less than every five 23 years. 24 § 18. Nothing in this act shall limit the existing authority of the 25 department of environmental conservation to address climate risk due to 26 sea level rise, storm surges, and flooding. 27 § 19. This act shall take effect on the one hundred eightieth day 28 after it shall have become a law and shall apply to all applications 29 and/or permits received after the adoption of guidance on the implemen- 30 tation of this act but no later than January 1, 2017.