Add Art 13-B §§139 - 139-d, Can L; add §99-bb, St Fin L
Creates the upstate flood mitigation task force within the canal corporation; establishes the upstate flood mitigation fund to conduct studies on the impact of floods and on preventative or mitigation measures.
STATE OF NEW YORK
________________________________________________________________________
1324--A
Cal. No. 1599
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
___________
Introduced by Sens. VALESKY, AKSHAR, DeFRANCISCO, SEWARD -- read twice
and ordered printed, and when printed to be committed to the Committee
on Transportation -- committee discharged and said bill committed to
the Committee on Rules -- ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the canal law, in relation to the upstate flood miti-
gation task force; to amend the state finance law, in relation to
creating the upstate flood mitigation fund; and providing for the
repeal of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The canal law is amended by adding a new article 13-B to
2 read as follows:
3 ARTICLE XIII-B
4 UPSTATE FLOOD MITIGATION TASK FORCE
5 Section 139. Upstate flood mitigation task force.
6 139-a. Definitions.
7 139-b. Task force composition.
8 139-c. Task force duties and powers.
9 139-d. Upstate flood mitigation grant program.
10 § 139. Upstate flood mitigation task force. The upstate flood miti-
11 gation task force, referred to in this article as the "task force", is
12 hereby established to identify reasonable measures that can be taken to
13 enhance flood management and mitigation in the upstate flood mitigation
14 region and to make recommendations and provide grant assistance with
15 respect to such measures.
16 § 139-a. Definitions. When used in this article:
17 1. "Adaptive measures" means any adjustment, whether passive, reactive
18 or anticipatory, that may be taken to ameliorate the anticipated adverse
19 consequences associated with flood events.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06862-02-7
S. 1324--A 2
1 2. "Flood control study sector" means a particular aspect of the
2 natural or built environment, economy, or society that could potentially
3 be adversely impacted by flood events. Such term includes, but is not
4 limited to, stream and river banks, locks and dams, wetlands and water-
5 front areas, water resources, transportation infrastructure, water
6 supply and wastewater infrastructure, human health, recreation, tourism,
7 power generation and business, residential, farm and municipal sectors.
8 3. "Flood event" means an overflow or inundation that comes from a
9 river or other body of water, whether caused by rainfall, waterway oper-
10 ation, dam break, water runoff or other means, and causes or threatens
11 damage.
12 4. "Canal system" shall mean the canal waterways, lands and infras-
13 tructure as set out in section two of this chapter.
14 5. "Upstate flood mitigation region" shall include a county, except a
15 county wholly encompassed by a city and any county with a population of
16 one million or more.
17 § 139-b. Task force composition. 1. The task force shall consist of
18 the director of the canal corporation, the commissioner of transporta-
19 tion, the president of the New York power authority, the director of the
20 division of homeland security and emergency services and the commission-
21 er of environmental conservation; and five additional members who shall
22 be from outside the public offices listed in this section and who shall
23 have professional experience in the fields of hydrology, civil engineer-
24 ing, climatology, emergency management and soil and water conservation.
25 The governor shall appoint three of the five additional members and the
26 temporary president of the senate and speaker of the assembly shall each
27 appoint one of each of the five additional members.
28 2. The task force shall appoint a chairperson from among its members.
29 3. The members of the task force shall receive no compensation for
30 their services, but shall be allowed their actual and necessary expenses
31 incurred in the performance of their duties.
32 4. To help ensure the task force's receipt of a comprehensive and
33 diverse array of views, the task force shall hold public hearings as it
34 deems necessary to solicit relevant information and gather current
35 research and data related to flooding and flood mitigation in the region
36 as well as recommendations to fulfill the purposes of this article. The
37 task force shall consult with the county offices of emergency manage-
38 ment, county soil and water conservation districts and all other feder-
39 al, state and local entities it deems necessary to fulfill the purposes
40 of this article. In determining the number of public hearings to be
41 held the task force shall remain cognizant of its duty to meet the time-
42 frame for first cycle awards under the upstate flood mitigation program
43 established within section one hundred thirty-nine-d of this article.
44 § 139-c. Task force duties and powers. The role of the task force
45 includes, but is not limited to:
46 1. Conducting an in-depth examination, presented as a public report no
47 later than six months from the date the task force is established, of
48 flood control study sectors and issues related to floodplain management,
49 debris management, flood control and flood mitigation in the upstate
50 flood mitigation region including:
51 (a) the cost impact of flooding over the last five years on agricul-
52 ture; transportation; land use; health; insurance; economic sectors such
53 as tourism, recreation and power generation; as well as impacts on
54 infrastructure including bridges, low lying roads, dams, locks, cause-
55 ways, water and wastewater treatment plants and docks;
S. 1324--A 3
1 (b) an assessment of canal operation procedures and plans which may
2 have a direct or indirect impact on flood mitigation and flood manage-
3 ment including, but not limited to debris management, communication,
4 water management and flood response; and
5 (c) a listing of adaptive measures, with associated costs, that can be
6 taken to mitigate flood damages, including but not limited to feasible
7 floodplain management activities, debris management, flood control
8 structures, communication systems and flood mitigation education for
9 public and private landowners.
10 2. Establishing an upstate flood mitigation grant program based on the
11 task force's evaluation pursuant to section one hundred thirty-nine-d of
12 this article which utilizes existing available federal and state monies
13 to fund grants within the upstate flood mitigation region to prevent and
14 mitigate flood damage within the region. Such program shall work in
15 conjunction with existing flood assistance grant programs and supplement
16 existing efforts by providing funds for adaptive measures to mitigate or
17 eliminate a flood event.
18 3. The task force shall have the power to: (a) contract for profes-
19 sional and technical assistance and advice; (b) contract for and accept
20 assistance including, but not limited to gifts, grants, easements, and
21 loans of funds, real property and personal property from the federal
22 government or any agency or instrumentality of the state, or from any
23 other public or private source to comply, subject to the provisions of
24 this article, with the terms and conditions thereof, subject to the
25 approval of the division of budget. Notwithstanding the provisions of
26 section eleven of the state finance law, the task force may accept
27 gifts, grants, devises and bequests, whether conditional or uncondi-
28 tional with the approval of the director of the budget; (c) hold public
29 hearings; and (d) establish an upstate flood mitigation grant program to
30 be administered by the canal corporation and based on the task force's
31 evaluation which utilizes existing available federal and state monies to
32 fund grants within the upstate flood mitigation region to prevent and
33 mitigate flood damage within the region.
34 4. All executive departments of the state and the canal corporation
35 shall provide the task force with such facilities, assistance and data
36 as will enable the task force to carry out its powers and duties. Addi-
37 tionally, all other agencies of the state or subdivisions thereof shall,
38 at the request of the chair, provide the task force with such facili-
39 ties, assistance, and data as will enable the task force to carry out
40 its powers and duties.
41 § 139-d. Upstate flood mitigation grant program. 1. The task force
42 shall establish an upstate flood mitigation grant program to be adminis-
43 tered by the canal corporation based on the task force's in-depth exam-
44 ination of flood control study sectors and issues related to floodplain
45 management, debris management, flood control and flood mitigation in the
46 upstate flood mitigation region.
47 2. The task force shall establish the upstate flood mitigation grant
48 program structure that shall be administered by the canal corporation.
49 Such program structure shall include, but not be limited to, the defi-
50 nition of eligible recipients, project application process, program
51 maximum project award amounts, project cost sharing parameters and
52 program funding cycles. It is further provided, however, that the first
53 funding cycle under this program shall be available for award to grant
54 recipients during the two thousand seventeen-eighteen state fiscal year.
55 § 2. The state finance law is amended by adding a new section 99-bb to
56 read as follows:
S. 1324--A 4
1 § 99-bb. Upstate flood mitigation fund. 1. There is hereby created in
2 the joint custody of the commissioner of taxation and finance and the
3 state comptroller a fund to be known as the "upstate flood mitigation
4 fund".
5 2. The upstate flood mitigation fund shall consist of monies trans-
6 ferred annually by the director of the budget from existing available
7 federal and state funds pursuant to a five-year schedule established
8 within the two thousand seventeen-eighteen executive budget.
9 3. Moneys in the fund shall be kept separate from and shall not be
10 commingled with any other moneys in the custody of the commissioner of
11 taxation and finance and the state comptroller. All deposits of such
12 money shall, if required by the comptroller, be secured by obligations
13 of the United States or of the state of market value equal at all times
14 to the amount of the deposit and all banks and trust companies are
15 authorized to give such securities for deposit.
16 4. Moneys of the fund shall be available for the financing of grants
17 made under the upstate flood mitigation program as established in
18 section one hundred thirty-nine-d of the canal law.
19 § 3. 1. The appointment of upstate flood mitigation task force members
20 shall be completed within one month of the effective date of this act.
21 2. The task force shall complete the duties required under sections
22 139-c and 139-d of the canal law, within six months of the appointment
23 of task force members.
24 § 4. This act shall take effect immediately; provided that sections
25 139, 139-b and 139-c of the canal law, as added by section one of this
26 act, shall expire and be deemed repealed on March 31, 2018.
