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A07999 Summary:

BILL NOA07999
 
SAME ASSAME AS S07641
 
SPONSORStirpe
 
COSPNSRSantabarbara, Kelles, Davila
 
MLTSPNSR
 
Add §135, Can L
 
Directs the canal corporation to create a chart to identify, map and model normal and flood water flows in the Oswego river basin and the Mohawk river basin and report on the completed chart by July 1, 2025; requires the updating of such chart every five years to account for any changes in the normal and flood water flows.
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A07999 Actions:

BILL NOA07999
 
09/01/2023referred to corporations, authorities and commissions
01/03/2024referred to corporations, authorities and commissions
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A07999 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7999
 
SPONSOR: Stirpe
  TITLE OF BILL: An act to amend the canal law, in relation to directing the canal corpo- ration to create a chart to identify, map and model normal and flood water flows in the Oswego river basin and the Mohawk river basin   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to require the canal corporation, in consul- tation with the department of environmental conservation, to create a chart of the Oswego river basin and the Mohawk river basin.   SUMMARY OF PROVISIONS: Section 1 of this bill would require the canal corporation, in consulta- tion with the department of environmental conservation, to create a chart of normal and flood flows of the Oswego river basin and the Mohawk river basin, which shall mean a watershed in the state of New York comprised of all rivers, streams, creeks, lakes and the surrounding land areas or other drainage, including but not limited to canals, that drains or flows via the Oswego river into Lake Ontario and a watershed in the state of New York comprised of all rivers, streams, creeks, lakes and the surrounding land areas or other drainage, including but not limited to canals, that drains or flows via the Mohawk river into the Hudson river, respectively, using Hydrologic Engineering Center River Analysis System (HEC-RAS), bathymetric and/or Light detection and Rang- ing measurements, which would be updated every five years, made avail- able to the public and delivered to the Executive and Legislative lead- ers. Section 2 of this bill provides that the effective date shall take effect immediately.   JUSTIFICATION: It is evident from decades of flooding and mountains of documented lived experiences that updates are needed to control, prevent and mitigate flooding in the Oswego River and Mohawk River Basins. Due to their work on the Upstate Flood Mitigation Task Force Report, the Canal Corporation is uniquely suited to place boots on the ground to survey the Oswego and Mohawk River Basins and create a first-of-its-kind chart using modern HEC-RAS modeling technology. The basins are often battered by horrific weather events that inundate homes and businesses with torrential flash flooding. For example, in July 2023, heavy rainfall entered the lakes, streams and rivers of the Oswego River Basin which created floods that devastated local communities in the basin. HEC-RAS modeling is used by the Army Corp of Engineers to inform deci- sion making in flood prone areas. This type of modeling is only used by the federal government for flood damage in limited circumstances under narrow requirements; however, this bill would require the use of the HEC-RAS model for the Oswego and Mohawk rivers - which due to the narrow federal requirements have rarely or never mapped. The State will be able to model hypothetical floods, educate dam owners and localities on the rippling effects of each lock and dam, identify where additional wetlands are needed, and lay the foundation for a potential alert system for property owners and businesses in flood-prone areas with a modern chart using the HEC-RAS model. As stated by the Upstate Flood Mitigation Task Force Report, the Mohawk River Basin drainage area covers approximately 3,460 square miles from Central New York to the Capital Region. The total length of the Mohawk River from its headwaters in the Adirondack Foothills to its confluence with the Hudson River is 155 miles long. Additionally, the Oswego River Basin drainage area covers approximately 5,122 square miles in Central New York and the Finger Lakes Region, which is an area larger than the state of Rhode Island and encompasses, wholly or partially, sixteen counties in the state. Furthermore, both basins comprise large portions of the Erie Canal, which often runs parallel to or collocated with portions of both river basins. The Erie Canal is collocated with or runs parallel to the Mohawk River for 130 miles. There are also 285 miles of Canal within the Oswego River Basin, including in Oneida, Cayuga and Seneca Lakes. The Upstate River Basins Chart will protect property owners and busi- nesses in the Oswego and Mohawk river basins, and is the first step in mitigating the effects of flood events. This bill would require the canal corporation, in consultation with the department of environmental conservation, to create a chart of the Oswego river basin and the Mohawk river basin.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A07999 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7999
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    September 1, 2023
                                       ___________
 
        Introduced by M. of A. STIRPE -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
 
        AN ACT to amend the canal law, in relation to directing the canal corpo-
          ration  to  create a chart to identify, map and model normal and flood
          water flows in the Oswego river basin and the Mohawk river basin

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  canal  law is amended by adding a new section 135 to
     2  read as follows:
     3    § 135. Upstate river basins chart. The canal corporation, in consulta-
     4  tion with the department of environmental conservation, shall,  by  June
     5  thirtieth, two thousand twenty-five, create a chart to identify, map and
     6  model  normal  and  flood  water flows in the Oswego river basin and the
     7  Mohawk river basin, which shall mean a watershed in  the  state  of  New
     8  York comprised of all rivers, streams, creeks, lakes, reservoirs and the
     9  surrounding  land  areas or other drainage, including but not limited to
    10  canals, that drains or flows via the Oswego river into Lake Ontario  and
    11  a  watershed  in the state of New York comprised of all rivers, streams,
    12  creeks, lakes, reservoirs and the surrounding land areas or other drain-
    13  age, including but not limited to canals, that drains or flows  via  the
    14  Mohawk  river  into  the  Hudson river, respectively. The chart shall be
    15  created with the Hydrologic Engineering  Center  River  Analysis  System
    16  (HEC-RAS),  and  bathymetric  and/or light detection and ranging (LiDAR)
    17  measurements, as applicable. The chart shall, in addition to such  other
    18  data  as  the canal corporation may determine to be included, consist of
    19  the chart as created and required by this section, together  with  other
    20  available  data  on  basins,  whether  assisted by the state of New York
    21  under a provision of the laws of the state of New York, or assembled  by
    22  federal  or  local  governmental  or private agencies, all of which such
    23  information shall be assembled and integrated, as applicable, into a map
    24  and model of the Oswego river basin and the Mohawk river basin.    Addi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11979-04-3

        A. 7999                             2
 
     1  tionally,  the canal corporation shall update the chart every five years
     2  and shall periodically review such chart to ensure that  it  effectuates
     3  the  purposes  of this section. As soon as practicable, the canal corpo-
     4  ration  shall  make the chart available to the public for inspection and
     5  examination at every division office of the canal corporation located in
     6  a county in which the Oswego river basin or the Mohawk  river  basin  is
     7  wholly or partially located in and on the corporation's website. Digital
     8  files  of  the  chart,  including  the map and model, shall also be made
     9  available, upon request, to the clerk of  each  county,  city,  town  or
    10  village  in  which the Oswego river basin or the Mohawk river basin or a
    11  portion thereof is located. The canal corporation shall, by July  first,
    12  two  thousand twenty-five, submit a report of the findings of the chart,
    13  including normal and flood flows, to the governor, the temporary  presi-
    14  dent  of the senate, the speaker of the assembly, the minority leader of
    15  the senate and the minority leader of the assembly.
    16    § 2. This act shall take effect immediately.
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