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.
