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A03917 Summary:

BILL NO	A03917
SAME AS	No Same As
SPONSOR	Burke
COSPNSR	Niou
MLTSPNSR
Add §16-0121, En Con L
Relates to shoreline hardening along Lake Erie and its tributaries.

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A03917 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3917
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  BURKE, NIOU -- read once and referred to the
          Committee on Environmental Conservation
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          shoreline hardening
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 16-0121 to read as follows:
     3  § 16-0121. Shoreline hardening.
     4    1.  For  purposes  of this section, the following terms shall have the
     5  following meanings:
     6    (a) "Shoreline" shall mean the line along which a large body of  water
     7  meets the land.
     8    (b)  "Shoreline resident" or "resident" shall mean any resident of the
     9  state who owns property which is situated on a shoreline on Lake Erie or
    10  any of its tributaries which are prone to flooding.
    11    (c) "Shoreline hardening" shall mean the process of  adding  materials
    12  or  structures to property located on a shoreline on Lake Erie or any of
    13  its tributaries in order to minimize damage caused by flooding.
    14    2. (a) The department shall provide  oversight  and  assist  with  the
    15  implementation  of  shoreline hardening construction plans for shoreline
    16  residents along Lake Erie and any of its  tributaries.  Shoreline  resi-
    17  dents  shall work in conjunction with the department to develop a design
    18  plan for each property located on a shoreline along Lake  Erie  and  its
    19  tributaries.  Such design plan shall be subject to final approval by the
    20  department prior to any construction work being commenced on a property.
    21    (b) The department shall be responsible for assisting and providing to
    22  shoreline residents all necessary and required permits for all  approved
    23  shoreline hardening proposals.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07447-01-1
        A. 3917                             2
 
     1    3.  (a)  Each  shoreline  resident  shall be responsible for the costs
     2  related to the implementation  of  their  approved  shoreline  hardening
     3  plan.
     4    (b)  After  a  shoreline  hardening  plan  has  been  implemented  and
     5  completed, the department shall ensure the completed work complies  with
     6  the department's approved plan.
     7    (c) If the department determines that the approved plans for shoreline
     8  hardening  have  been satisfied, the department shall provide reimburse-
     9  ment to each resident for up to fifty percent of such resident's  shore-
    10  line hardening costs.
    11    § 2. This act shall take effect immediately.

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