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A06558 Summary:

BILL NOA06558B
 
SAME ASSAME AS S06617-B
 
SPONSORSweeney (MS)
 
COSPNSRWeisenberg, 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
 
MLTSPNSRBronson, 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.
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A06558 Actions:

BILL NOA06558B
 
04/09/2013referred to environmental conservation
04/16/2013reported referred to ways and means
04/16/2013reported
04/18/2013advanced to third reading cal.174
04/23/2013passed assembly
04/23/2013delivered to senate
04/23/2013REFERRED TO ENVIRONMENTAL CONSERVATION
01/08/2014DIED IN SENATE
01/08/2014RETURNED TO ASSEMBLY
01/08/2014ordered to third reading cal.306
04/29/2014amended on third reading 6558a
05/05/2014passed assembly
05/05/2014delivered to senate
05/05/2014REFERRED TO ENVIRONMENTAL CONSERVATION
06/16/2014recalled from senate
06/16/2014RETURNED TO ASSEMBLY
06/16/2014vote reconsidered - restored to third reading
06/16/2014amended on third reading 6558b
06/19/2014substituted by s6617b
 S06617 AMEND=B SAVINO
 02/14/2014REFERRED TO ENVIRONMENTAL CONSERVATION
 05/07/2014AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
 05/07/2014PRINT NUMBER 6617A
 05/13/20141ST REPORT CAL.623
 05/14/20142ND REPORT CAL.
 05/19/2014ADVANCED TO THIRD READING
 06/16/2014AMENDED ON THIRD READING 6617B
 06/19/2014PASSED SENATE
 06/19/2014DELIVERED TO ASSEMBLY
 06/19/2014referred to ways and means
 06/19/2014substituted for a6558b
 06/19/2014ordered to third reading cal.306
 06/19/2014passed assembly
 06/19/2014returned to senate
 09/19/2014DELIVERED TO GOVERNOR
 09/22/2014SIGNED CHAP.355
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A06558 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6558B
 
SPONSOR: Sweeney (MS)
  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.
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A06558 Text:



 
                STATE 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.
                                                                   LBD10228-20-4

        A. 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 shall

        A. 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.
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