S06617 Summary:

BILL NO    S06617B

SAME AS    SAME AS A06558-B

SPONSOR    SAVINO

COSPNSR    ADDABBO, AVELLA, BOYLE, CARLUCCI, DILAN, ESPAILLAT, GIANARIS, GIPSON,
           GRISANTI, HASSELL-THOMPSON, HOYLMAN, KLEIN, KRUEGER, LANZA, LATIMER,
           LAVALLE, MARCELLINO, MARTINS, O'BRIEN, PARKER, PERALTA, PERKINS,
           SAMPSON, SERRANO, SMITH, SQUADRON, STAVISKY, TKACZYK, VALESKY

MLTSPNSR   

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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S06617 Actions:

BILL NO    S06617B

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
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S06617 Memo:

Memo not available
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S06617 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6617--B
            Cal. No. 623
 
                    IN SENATE
 
                                    February 14, 2014
                                       ___________
 
        Introduced  by  Sens.  SAVINO,  ADDABBO, AVELLA, BOYLE, CARLUCCI, DILAN,
          ESPAILLAT,  GIANARIS,  GIPSON,  GRISANTI,  HASSELL-THOMPSON,  HOYLMAN,
          KLEIN,  KRUEGER, LANZA, LATIMER, LAVALLE, MARCELLINO, MARTINS, PARKER,
          PERALTA, PERKINS, SAMPSON, SERRANO, SMITH, SQUADRON, TKACZYK,  VALESKY
          -- read twice and ordered printed, and when printed to be committed to

          the  Committee  on Environmental Conservation -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  -- reported favorably from said committee, ordered to first
          and second report, ordered to a third  reading,  amended  and  ordered
          reprinted, retaining its place in 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
    14  physical climate risk due to sea level rise, and/or storm surges  and/or
    15  flooding,  based  on  available data predicting the likelihood of future
    16  extreme weather events, including hazard risk analysis data if  applica-
    17  ble.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10228-19-4

        S. 6617--B                          2
 
     1    §  4.  Paragraphs  g  and h of subdivision 2 of section 27-1103 of the
     2  environmental conservation law, as amended by chapter 618 of the laws of
     3  1987, are amended  and a new paragraph i is added to read as follows:

     4    g. The impact on the municipality where the facility is to be cited in
     5  terms  of  health,  safety,  cost  and  consistency with local planning,
     6  zoning or land use laws and ordinances, [and]
     7    h. The nature of the probable environmental impact, including specifi-
     8  cation of the predictable adverse effects on the natural environment and
     9  ecology, public health and safety, scenic, historic, cultural and recre-
    10  ational value, water and air quality,  wildlife  and  an  evaluation  of
    11  measures to mitigate adverse effects[.], and
    12    i.  The  future  physical  climate  risk due to sea level rise, and/or
    13  storm surges and/or flooding, based on  available  data  predicting  the
    14  likelihood of future extreme weather events, including hazard risk anal-
    15  ysis data if applicable.

    16    §  5.  Paragraph b of subdivision 1 of section 40-0113 of the environ-
    17  mental conservation law, as added by chapter 672 of the laws of 1986, is
    18  amended to read as follows:
    19    b. Minimum standards and schedules for design, construction, installa-
    20  tion, operation, maintenance, repair, monitoring, testing and inspection
    21  of facilities. Schedules shall be based  on  factors  such  as  type  of
    22  facility,  type  and  quantity  of hazardous substances stored, facility
    23  age, condition and  construction  type,  soil  conditions,  location  of
    24  facility  relative  to water supplies, surrounding population, and other
    25  environmental factors including  but  not  limited  to  future  physical
    26  climate risk due to sea level rise, and/or storm surges and/or flooding,
    27  based  on  available  data  predicting  the likelihood of future extreme

    28  weather events, including hazard risk analysis data if available.
    29    § 6. Subdivision 3 of section 49-0203 of the  environmental  conserva-
    30  tion law is renumbered subdivision 4 and a new subdivision 3 is added to
    31  read as follows:
    32    3.  The  department  and  the  office  shall  consider future physical
    33  climate risk due to sea level rise, and/or storm surges and/or flooding,
    34  based on available data predicting  the  likelihood  of  future  extreme
    35  weather events, including hazard risk analysis data if applicable.
    36    §  7.  Paragraph a of subdivision 2 of section 54-0303 of the environ-
    37  mental conservation law, as added by chapter 610 of the laws of 1993 and
    38  as designated by chapter 170 of the laws of 1994, is amended to read  as
    39  follows:
    40    a.  The  commissioner  of the office of parks, recreation and historic

    41  preservation may enter into an agreement for the maintenance and  opera-
    42  tion  of  open space land conservation projects in urban areas or metro-
    43  politan park projects by a municipality, or a not-for-profit corporation
    44  or unincorporated association which demonstrates to  the  commissioner's
    45  satisfaction that [it] the future physical climate risk due to sea level
    46  rise,  and/or  storm  surges  and/or  flooding,  based on available data
    47  predicting the likelihood of future extreme  weather  events,  including
    48  hazard  risk  analysis  data  if applicable, has been considered and the
    49  municipality, not-for-profit corporation or  unincorporated  association
    50  is  financially  or  otherwise  capable of operating and maintaining the
    51  project for the benefit of the public and of maximizing public access to

    52  such project. Any such agreement shall contain such provisions as  shall
    53  be necessary to ensure that its operation and maintenance are consistent
    54  with  and  in  furtherance  of  this article and shall be subject to the
    55  approval of the director of the budget, the comptroller and, as to form,
    56  the attorney general.

        S. 6617--B                          3
 
     1    § 8.  Subdivision 3 of section 54-0503 of the environmental  conserva-
     2  tion  law,  as  added  by chapter 610 of the laws of 1993, is amended to
     3  read as follows:
     4    3. A closure investigation report which complies with the requirements
     5  of  applicable  regulations of the department, including a demonstration
     6  that future physical climate risk due to sea level  rise,  and/or  storm
     7  surges  and/or  flooding, based on available data predicting the likeli-

     8  hood of future extreme weather events, including  hazard  risk  analysis
     9  data if applicable, has been considered, shall have been submitted.
    10    §  9.  Subdivision 1 of section 17-1015 of the environmental conserva-
    11  tion law, as amended by chapter 334 of the laws of 2008, is  amended  to
    12  read as follows:
    13    1.  The department shall, pursuant to section 17-0303 of this article,
    14  promulgate rules and regulations establishing standards for existing and
    15  new petroleum bulk storage facilities which shall include,  but  not  be
    16  limited  to,  design, equipment requirements, construction, installation
    17  and maintenance. In proposing, preparing and compiling  such  rules  and
    18  regulations,  the  department  shall include consideration of the future
    19  physical climate risk due to sea level rise, and/or storm surges  and/or

    20  flooding,  based  on  available data predicting the likelihood of future
    21  extreme weather events, including hazard risk analysis data if  applica-
    22  ble.  The department shall consult with the state petroleum bulk storage
    23  code advisory council in proposing, preparing and compiling  such  rules
    24  and  regulations.    In  addition, the department shall consult with the
    25  state fire prevention and building code  council  to  assure  that  such
    26  rules  and  regulations  are consistent with the uniform fire prevention
    27  and building code.
    28    § 10. Subdivisions 1 and 5 of section  54-1101  of  the  environmental
    29  conservation  law,  as  amended  by chapter 309 of the laws of 1996, are
    30  amended to read as follows:
    31    1. The secretary is authorized to  provide  on  a  competitive  basis,

    32  within amounts appropriated, state assistance payments to municipalities
    33  toward  the cost of any local waterfront revitalization program, includ-
    34  ing planning projects to mitigate future physical climate risks.  Eligi-
    35  ble costs include planning, studies,  preparation  of  local  laws,  and
    36  construction projects.
    37    5. The secretary shall impose such contractual requirements and condi-
    38  tions  upon  any  municipality  which receives state assistance payments
    39  pursuant to this article as may be necessary and appropriate  to  ensure
    40  that  a  public  benefit  shall accrue from the use of such funds by the
    41  municipality including but not limited to, a demonstration  that  future
    42  physical  climate risk due to sea level rise, and/or storm surges and/or
    43  flooding, based on available data predicting the  likelihood  of  future

    44  extreme  weather events, including hazard risk analysis data if applica-
    45  ble, has been considered.
    46    § 11. Subdivision 1 of section 54-1105 of the environmental  conserva-
    47  tion  law,  as  added  by chapter 610 of the laws of 1993, is amended to
    48  read as follows:
    49    1. The commissioner is authorized to provide on a  competitive  basis,
    50  within amounts appropriated, state assistance payments to a municipality
    51  or a not-for-profit corporation toward the cost of any coastal rehabili-
    52  tation  project  approved  by the commissioner provided that the commis-
    53  sioner determines that future physical climate risk  due  to  sea  level
    54  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.

        S. 6617--B                          4
 
     1    §  12. Subdivision 2 of section 325 of the agriculture and markets law
     2  is amended by adding a new paragraph (f) to read as follows:
     3    (f)  In  evaluating  applications  for funding, the commissioner shall
     4  consider whether future physical climate risk due  to  sea  level  rise,
     5  and/or  storm surges and/or flooding, based on available data predicting
     6  the likelihood of future extreme weather events, including  hazard  risk
     7  analysis data if applicable, has been considered.
     8    §  13.  Section 1161 of the public health law, as added by chapter 413
     9  of the laws of 1996, is amended to read as follows:

    10    §  1161.    Eligible  projects;  priority  ranking.  Subject  to   the
    11  provisions  of  section  thirty-two  of  the chapter of the laws of 1996
    12  which added this section, in consultation with the commissioner of envi-
    13  ronmental conservation, the commissioner shall establish and maintain  a
    14  list  of  potentially eligible projects and shall establish, pursuant to
    15  rules and  regulations,  a  process  for  listing  potentially  eligible
    16  projects  identified  by  potential  recipients  and  a priority ranking
    17  system for the purpose of providing financial assistance  to  recipients
    18  for  such  projects under this title.  In establishing such  system, the
    19  commissioner shall take into account the public health  significance  of
    20  such  potentially eligible projects which shall include, but need not be
    21  limited to, an assessment of (i) public health and  safety;  (ii)  popu-

    22  lation  affected; (iii) attainment of state drinking water quality goals
    23  and standards;  (iv)  taking  into  consideration  the  water  resources
    24  management  strategy pursuant to title twenty-nine of article fifteen of
    25  the environmental conservation law; (v) taking into consideration future
    26  physical climate risk due to sea level rise, and/or storm surges  and/or
    27  flooding,  based  on  available data predicting the likelihood of future
    28  extreme weather events, including hazard risk analysis data if  applica-
    29  ble;  and  [(v)]  (vi)  compliance with state and federal law, rules and
    30  regulations.
    31    § 14.  The department of state, in cooperation with the department  of
    32  environmental  conservation, shall prepare model local laws that include

    33  consideration of future physical climate risk due  to  sea  level  rise,
    34  and/or  storm surges and/or flooding, based on available data predicting
    35  the likelihood of future extreme weather events  including  hazard  risk
    36  analysis and shall make such laws available to municipalities.
    37    §  14-a.  Section  23-0305  of  the  environmental conservation law is
    38  amended by adding a new subdivision 8-a to read as follows:
    39    8-a. The department shall include  consideration  of  future  physical
    40  climate risk due to sea level rise, and/or storm surges and/or flooding,
    41  based  on  available  data  predicting the likelihood of extreme weather
    42  events, including hazard risk analysis data if  applicable,  to  permits
    43  issued pursuant to title five of this article.

    44    § 15. Section 70-0117 of the environmental conservation law is amended
    45  by adding a new subdivision 9 to read as follows:
    46    9.  Applicants  for  major projects. Applicants for major projects for
    47  the regulatory programs of paragraphs (a), (f), (h), (i), (j),  (k)  and
    48  (m)  of  subdivision  3  of  section  70-0107  of  this article shall be
    49  required to demonstrate that future physical climate  risk  due  to  sea
    50  level 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.
    53    § 16. The department of environmental  conservation,  in  consultation
    54  with  the  department  of  state,  no  later  than January 1, 2017 shall

    55  prepare guidance on the implementation of this act,  including  but  not
    56  limited  to available and relevant data sets and risk analysis tools and

        S. 6617--B                          5
 
     1  available data predicting  the  likelihood  of  future  extreme  weather
     2  events.    In addition, the department of environmental conservation and
     3  the department of state shall develop additional guidance on the use  of
     4  resiliency measures that utilize natural resources and natural processes
     5  to reduce risk.
     6    §  17.  The  environmental conservation law is amended by adding a new
     7  section 3-0319 to read as follows:
     8  § 3-0319. Sea level rise projections.
     9    The department shall,  no  later  than  January  first,  two  thousand
    10  sixteen,  adopt  regulations  establishing science-based state sea level

    11  rise projections. In adopting such  regulations,  the  department  shall
    12  consider  information  including,  but  not  limited  to, reports of the
    13  Intergovernmental Panel on Climate Change, the  National  Oceanic  Atmo-
    14  spheric Administration Climate Assessment, the Sea Level Rise Task Force
    15  report  created  pursuant to chapter six hundred thirteen of the laws of
    16  two thousand seven, projections prepared by the New York City  Panel  on
    17  Climate Change and any other relevant regional, state and local reports.
    18  The  department  shall  update  such regulations no less than every five
    19  years.
    20    § 18. Nothing in this act shall limit the existing  authority  of  the
    21  department  of environmental conservation to address climate risk due to

    22  sea level rise, storm surges, and flooding.
    23    § 19. This act shall take effect on  the  one  hundred  eightieth  day
    24  after  it  shall  have  become a law and shall apply to all applications
    25  and/or permits received after the adoption of guidance on the  implemen-
    26  tation of this act but no later than January 1, 2017.
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