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.
STATE OF NEW YORK
________________________________________________________________________
6558--B
Cal. No. 306
2013-2014 Regular Sessions
IN ASSEMBLY
April 9, 2013
___________
Introduced by M. of A. SWEENEY, WEISENBERG, GLICK, LIFTON, JAFFEE,
THIELE, ABINANTI, OTIS, ENGLEBRIGHT, ROSENTHAL, ROZIC, SCHIMEL,
MOSLEY, GOTTFRIED, BARRETT, LUPARDO, GOLDFEDER, COLTON, JACOBS,
BUCHWALD, TITONE, ORTIZ, MAYER, SKOUFIS -- Multi-Sponsored by -- M. of
A. BRONSON, FAHY, GALEF, MALLIOTAKIS, McDONALD, MILLMAN, RIVERA, SKAR-
TADOS, WEINSTEIN -- read once and referred to the Committee on Envi-
ronmental Conservation -- advanced to a third reading, amended and
ordered reprinted, retaining its place on the order of third reading
-- passed by Assembly and delivered to the Senate, recalled from the
Senate, vote reconsidered, bill amended, ordered reprinted, retaining
its place on 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10228-20-4
A. 6558--B 2
1 physical climate risk due to sea level rise, and/or storm surges and/or
2 flooding, based on available data predicting the likelihood of future
3 extreme weather events, including hazard risk analysis data if applica-
4 ble.
5 § 4. Paragraphs g and h of subdivision 2 of section 27-1103 of the
6 environmental conservation law, as amended by chapter 618 of the laws of
7 1987, are amended and a new paragraph i is added to read as follows:
8 g. The impact on the municipality where the facility is to be cited in
9 terms of health, safety, cost and consistency with local planning,
10 zoning or land use laws and ordinances, [and]
11 h. The nature of the probable environmental impact, including specifi-
12 cation of the predictable adverse effects on the natural environment and
13 ecology, public health and safety, scenic, historic, cultural and recre-
14 ational value, water and air quality, wildlife and an evaluation of
15 measures to mitigate adverse effects[.], and
16 i. The future physical climate risk due to sea level rise, and/or
17 storm surges and/or flooding, based on available data predicting the
18 likelihood of future extreme weather events, including hazard risk anal-
19 ysis data if applicable.
20 § 5. Paragraph b of subdivision 1 of section 40-0113 of the environ-
21 mental conservation law, as added by chapter 672 of the laws of 1986, is
22 amended to read as follows:
23 b. Minimum standards and schedules for design, construction, installa-
24 tion, operation, maintenance, repair, monitoring, testing and inspection
25 of facilities. Schedules shall be based on factors such as type of
26 facility, type and quantity of hazardous substances stored, facility
27 age, condition and construction type, soil conditions, location of
28 facility relative to water supplies, surrounding population, and other
29 environmental factors including but not limited to future physical
30 climate risk due to sea level rise, and/or storm surges and/or flooding,
31 based on available data predicting the likelihood of future extreme
32 weather events, including hazard risk analysis data if available.
33 § 6. Subdivision 3 of section 49-0203 of the environmental conserva-
34 tion law is renumbered subdivision 4 and a new subdivision 3 is added to
35 read as follows:
36 3. The department and the office shall consider future physical
37 climate risk due to sea level rise, and/or storm surges and/or flooding,
38 based on available data predicting the likelihood of future extreme
39 weather events, including hazard risk analysis data if applicable.
40 § 7. Paragraph a of subdivision 2 of section 54-0303 of the environ-
41 mental conservation law, as added by chapter 610 of the laws of 1993 and
42 as designated by chapter 170 of the laws of 1994, is amended to read as
43 follows:
44 a. The commissioner of the office of parks, recreation and historic
45 preservation may enter into an agreement for the maintenance and opera-
46 tion of open space land conservation projects in urban areas or metro-
47 politan park projects by a municipality, or a not-for-profit corporation
48 or unincorporated association which demonstrates to the commissioner's
49 satisfaction that [it] the future physical climate risk due to sea level
50 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 and the
53 municipality, not-for-profit corporation or unincorporated association
54 is financially or otherwise capable of operating and maintaining the
55 project for the benefit of the public and of maximizing public access to
56 such project. Any such agreement shall contain such provisions as shall
A. 6558--B 3
1 be necessary to ensure that its operation and maintenance are consistent
2 with and in furtherance of this article and shall be subject to the
3 approval of the director of the budget, the comptroller and, as to form,
4 the attorney general.
5 § 8. Subdivision 3 of section 54-0503 of the environmental conserva-
6 tion law, as added by chapter 610 of the laws of 1993, is amended to
7 read as follows:
8 3. A closure investigation report which complies with the requirements
9 of applicable regulations of the department, including a demonstration
10 that future physical climate risk due to sea level rise, and/or storm
11 surges and/or flooding, based on available data predicting the likeli-
12 hood of future extreme weather events, including hazard risk analysis
13 data if applicable, has been considered, shall have been submitted.
14 § 9. Subdivision 1 of section 17-1015 of the environmental conserva-
15 tion law, as amended by chapter 334 of the laws of 2008, is amended to
16 read as follows:
17 1. The department shall, pursuant to section 17-0303 of this article,
18 promulgate rules and regulations establishing standards for existing and
19 new petroleum bulk storage facilities which shall include, but not be
20 limited to, design, equipment requirements, construction, installation
21 and maintenance. In proposing, preparing and compiling such rules and
22 regulations, the department shall include consideration of the future
23 physical climate risk due to sea level rise, and/or storm surges and/or
24 flooding, based on available data predicting the likelihood of future
25 extreme weather events, including hazard risk analysis data if applica-
26 ble. The department shall consult with the state petroleum bulk storage
27 code advisory council in proposing, preparing and compiling such rules
28 and regulations. In addition, the department shall consult with the
29 state fire prevention and building code council to assure that such
30 rules and regulations are consistent with the uniform fire prevention
31 and building code.
32 § 10. Subdivisions 1 and 5 of section 54-1101 of the environmental
33 conservation law, as amended by chapter 309 of the laws of 1996, are
34 amended to read as follows:
35 1. The secretary is authorized to provide on a competitive basis,
36 within amounts appropriated, state assistance payments to municipalities
37 toward the cost of any local waterfront revitalization program, includ-
38 ing planning projects to mitigate future physical climate risks. Eligi-
39 ble costs include planning, studies, preparation of local laws, and
40 construction projects.
41 5. The secretary shall impose such contractual requirements and condi-
42 tions upon any municipality which receives state assistance payments
43 pursuant to this article as may be necessary and appropriate to ensure
44 that a public benefit shall accrue from the use of such funds by the
45 municipality including but not limited to, a demonstration that future
46 physical climate risk due to sea level rise, and/or storm surges and/or
47 flooding, based on available data predicting the likelihood of future
48 extreme weather events, including hazard risk analysis data if applica-
49 ble, has been considered.
50 § 11. Subdivision 1 of section 54-1105 of the environmental conserva-
51 tion law, as added by chapter 610 of the laws of 1993, is amended to
52 read as follows:
53 1. The commissioner is authorized to provide on a competitive basis,
54 within amounts appropriated, state assistance payments to a municipality
55 or a not-for-profit corporation toward the cost of any coastal rehabili-
56 tation project approved by the commissioner provided that the commis-
A. 6558--B 4
1 sioner determines that future physical climate risk due to sea level
2 rise, and/or storm surges and/or flooding, based on available data
3 predicting the likelihood of future extreme weather events, including
4 hazard risk analysis data if applicable, has been considered.
5 § 12. Subdivision 2 of section 325 of the agriculture and markets law
6 is amended by adding a new paragraph (f) to read as follows:
7 (f) In evaluating applications for funding, the commissioner shall
8 consider whether future physical climate risk due to sea level rise,
9 and/or storm surges and/or flooding, based on available data predicting
10 the likelihood of future extreme weather events, including hazard risk
11 analysis data if applicable, has been considered.
12 § 13. Section 1161 of the public health law, as added by chapter 413
13 of the laws of 1996, is amended to read as follows:
14 § 1161. Eligible projects; priority ranking. Subject to the
15 provisions of section thirty-two of the chapter of the laws of 1996
16 which added this section, in consultation with the commissioner of envi-
17 ronmental conservation, the commissioner shall establish and maintain a
18 list of potentially eligible projects and shall establish, pursuant to
19 rules and regulations, a process for listing potentially eligible
20 projects identified by potential recipients and a priority ranking
21 system for the purpose of providing financial assistance to recipients
22 for such projects under this title. In establishing such system, the
23 commissioner shall take into account the public health significance of
24 such potentially eligible projects which shall include, but need not be
25 limited to, an assessment of (i) public health and safety; (ii) popu-
26 lation affected; (iii) attainment of state drinking water quality goals
27 and standards; (iv) taking into consideration the water resources
28 management strategy pursuant to title twenty-nine of article fifteen of
29 the environmental conservation law; (v) taking into consideration future
30 physical climate risk due to sea level rise, and/or storm surges and/or
31 flooding, based on available data predicting the likelihood of future
32 extreme weather events, including hazard risk analysis data if applica-
33 ble; and [(v)] (vi) compliance with state and federal law, rules and
34 regulations.
35 § 14. The department of state, in cooperation with the department of
36 environmental conservation, shall prepare model local laws that include
37 consideration of future physical climate risk due to sea level rise,
38 and/or storm surges and/or flooding, based on available data predicting
39 the likelihood of future extreme weather events including hazard risk
40 analysis and shall make such laws available to municipalities.
41 § 14-a. Section 23-0305 of the environmental conservation law is
42 amended by adding a new subdivision 8-a to read as follows:
43 8-a. The department shall include consideration of future physical
44 climate risk due to sea level rise, and/or storm surges and/or flooding,
45 based on available data predicting the likelihood of extreme weather
46 events, including hazard risk analysis data if applicable, to permits
47 issued pursuant to title five of this article.
48 § 15. Section 70-0117 of the environmental conservation law is amended
49 by adding a new subdivision 9 to read as follows:
50 9. Applicants for major projects. Applicants for major projects for
51 the regulatory programs of paragraphs (a), (f), (h), (i), (j), (k) and
52 (m) of subdivision 3 of section 70-0107 of this article shall be
53 required to demonstrate that future physical climate risk due to sea
54 level 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.
A. 6558--B 5
1 § 16. The department of environmental conservation, in consultation
2 with the department of state, no later than January 1, 2017 shall
3 prepare guidance on the implementation of this act, including but not
4 limited to available and relevant data sets and risk analysis tools and
5 available data predicting the likelihood of future extreme weather
6 events. In addition, the department of environmental conservation and
7 the department of state shall develop additional guidance on the use of
8 resiliency measures that utilize natural resources and natural processes
9 to reduce risk.
10 § 17. The environmental conservation law is amended by adding a new
11 section 3-0319 to read as follows:
12 § 3-0319. Sea level rise projections.
13 The department shall, no later than January first, two thousand
14 sixteen, adopt regulations establishing science-based state sea level
15 rise projections. In adopting such regulations, the department shall
16 consider information including, but not limited to, reports of the
17 Intergovernmental Panel on Climate Change, the National Oceanic Atmo-
18 spheric Administration Climate Assessment, the Sea Level Rise Task Force
19 report created pursuant to chapter six hundred thirteen of the laws of
20 two thousand seven, projections prepared by the New York City Panel on
21 Climate Change and any other relevant regional, state and local reports.
22 The department shall update such regulations no less than every five
23 years.
24 § 18. Nothing in this act shall limit the existing authority of the
25 department of environmental conservation to address climate risk due to
26 sea level rise, storm surges, and flooding.
27 § 19. This act shall take effect on the one hundred eightieth day
28 after it shall have become a law and shall apply to all applications
29 and/or permits received after the adoption of guidance on the implemen-
30 tation of this act but no later than January 1, 2017.
