Amd SS15-0501, 15-0505 & 16-0111, En Con L; add S120-dd, Gen Muni L
Authorizes the commissioner of environmental conservation to establish a stream maintenance and flood control program; allows for the local governing body of a county to elect to pass a local law providing for a local option into such program; provides for the county to be responsible for performing the work outlined in an approved stream maintenance and flood control plan.
STATE OF NEW YORK
________________________________________________________________________
2067
2015-2016 Regular Sessions
IN ASSEMBLY
January 15, 2015
___________
Introduced by M. of A. CROUCH, BARCLAY, DUPREY, FINCH, HAWLEY, MONTESA-
NO, OAKS, PALMESANO, TEDISCO -- Multi-Sponsored by -- M. of A. TENNEY
-- read once and referred to the Committee on Environmental Conserva-
tion
AN ACT to amend the environmental conservation law and the general
municipal law, in relation to authorizing and directing the establish-
ment of a stream maintenance and flood control program as a local
option for counties
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 15-0501 of the environmental conservation law is
2 amended by adding a new subdivision 6-a to read as follows:
3 6-a. No permit under this section shall be required for stream mainte-
4 nance and flood control activities conducted in furtherance of a stream
5 maintenance and flood control plan approved in accordance with the
6 provisions of subdivision two of section 16-0111 of this chapter.
7 § 2. Section 15-0505 of the environmental conservation law is amended
8 by adding a new subdivision 4-a to read as follows:
9 4-a. No permit under this section shall be required for stream mainte-
10 nance and flood control activities conducted in furtherance of a stream
11 maintenance and flood control plan approved in accordance with the
12 provisions of subdivision two of section 16-0111 of this chapter.
13 § 3. Section 16-0111 of the environmental conservation law, as added
14 by chapter 727 of the laws of 1978, is amended to read as follows:
15 § 16-0111. Powers and duties of commissioner.
16 1. The commissioner is hereby authorized and directed for and in
17 behalf of the state to carry out the state's participation in a federal
18 program of flood control, to sign all necessary agreements, and to do
19 and perform all necessary acts in connection therewith to consummate the
20 intent and purpose running with the approval by the federal government
21 of flood control projects in New York state and the allotment of moneys
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04821-01-5
A. 2067 2
1 for such projects, if, as and when made by the federal government. [He]
2 The commissioner is authorized and empowered, notwithstanding any other
3 law of this state, to carry out the provisions of this act and to
4 perform and do such other and further acts not hereby specifically
5 provided in this act as may be necessary to carry out the projects
6 [herein] authorized under this article and so as to conform with the act
7 and rules, regulations and requirements of the federal government made
8 to govern the expenditures. Work may be carried out by contract or by
9 department forces or by a combination of these two methods. However, if
10 the commissioner deems it to be in the interest of the public, [he] the
11 commissioner may agree with a municipal corporation affected by such
12 work, to have its contractor or its forces and equipment perform such
13 work, upon such terms as the commissioner may deem advantageous to the
14 state. The commissioner shall exercise [his] any powers and duties with
15 respect to the said flood control projects in a manner that will comply
16 with any act of congress applicable thereto and any rules and regu-
17 lations made and promulgated by virtue thereof.
18 2. (a) The commissioner, in consultation with the director of the
19 state emergency management office and local soil and water conservation
20 districts, is authorized and directed to establish a stream maintenance
21 and flood control program. The local governing body of a county may
22 elect to pass a local law providing a local option into such program. If
23 such local option is adopted, such county shall consult with the depart-
24 ment, the state emergency management office, the appropriate local soil
25 and water conservation districts and such other persons and organiza-
26 tions with expertise in the field of stream maintenance and flood
27 control as may be necessary or appropriate to assure the development of
28 the stream maintenance and flood control plan.
29 (b) Such plan shall take into account weather patterns, an analysis of
30 existing conditions and any hydrological data necessary to establish a
31 schedule of specific short and long term stream maintenance and/or
32 reclamation activities designed to prevent flooding while simultaneously
33 improving aquatic habitat in the subject county waterways.
34 (c) Upon the completion of the plan, the department shall have thirty
35 days to approve it or provide an alternative recommendation. Once the
36 final plan is approved by the department, the stream maintenance and
37 flood control activities scheduled in the plan shall commence immediate-
38 ly. The county shall be responsible for performing the work outlined in
39 the plan, however, a county may contract with a town, village, soil and
40 water conservation district or independent contractor, as necessary, to
41 execute the required maintenance activities. Where the maintenance
42 activities in the plan are intended to occur on private property, the
43 county, town, village, soil and water conservation district or independ-
44 ent contractor performing the work shall notify the affected property
45 owner and request permission to enter the property and perform the sche-
46 duled maintenance. Such work may be done without permission of the prop-
47 erty owner upon a finding by the local governing body of the county,
48 town or village, where the property is situated, that failure to make
49 such repairs poses an unwarranted risk to the health, safety or welfare
50 of the residents of such county, town or village. Any county, town,
51 village or soil and water conservation district taking such action shall
52 consider the impacts upstream and downstream of where the stream mainte-
53 nance and flood control is to be performed. Funding for any stream
54 maintenance and flood control activities shall be made available from
55 the monies appropriated to the environmental protection fund established
56 pursuant to section ninety-two-s of the state finance law.
A. 2067 3
1 § 4. The general municipal law is amended by adding a new section
2 120-dd to read as follows:
3 § 120-dd. Stream maintenance and flood control by localities. A coun-
4 ty, town, village or soil and water conservation district acting pursu-
5 ant to a stream maintenance and flood control plan established under
6 subdivision two of section 16-0111 of the environmental conservation law
7 shall be authorized to engage in stream maintenance and flood control
8 activities which are necessary for the protection of the public health
9 and safety. Where the maintenance activities in the plan are intended to
10 occur on private property, the county, town, village or soil and water
11 conservation district performing the work shall notify the affected
12 property owner and request permission to enter the property and perform
13 the scheduled work. Such work may be done without permission of the
14 property owner upon a finding by the local governing body of the county,
15 town or village, where the property is situated, that failure to make
16 such repairs poses an unwarranted risk to the health, safety or welfare
17 of the residents of such county, town or village. Any county, town,
18 village or soil and water conservation district taking such action shall
19 consider the impacts upstream and downstream of where the stream mainte-
20 nance and flood control is to be performed.
21 § 5. This act shall take effect on the one hundred eightieth day after
22 it shall have become a law. Effective immediately, the addition, amend-
23 ment and/or repeal of any rule or regulation necessary for the implemen-
24 tation of this act on its effective date is authorized to be made on or
25 before such effective date.
