S03130 Summary:

BILL NOS03130
 
SAME ASNo Same As
 
SPONSORHELMING
 
COSPNSRORTT, RITCHIE, ROBACH
 
MLTSPNSR
 
Add Art 74 Title 2 §§74-0101 - 74-0107, En Con L
 
Relates to the Lake Ontario-St. Lawrence River flood prevention, response, recovery and mitigation task force; establishes reporting and public hearing requirements for the Lake Ontario-St. Lawrence River flood prevention, response, recovery and mitigation task force.
Go to top    

S03130 Actions:

BILL NOS03130
 
02/04/2019REFERRED TO ENVIRONMENTAL CONSERVATION
01/08/2020REFERRED TO ENVIRONMENTAL CONSERVATION
Go to top

S03130 Committee Votes:

Go to top

S03130 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S03130 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3130
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 4, 2019
                                       ___________
 
        Introduced  by  Sens.  HELMING,  ORTT, RITCHIE, ROBACH -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Environmental Conservation
 
        AN  ACT  to amend the environmental conservation law, in relation to the
          New York state  Lake  Ontario-St.  Lawrence  River  flood  prevention,
          response,  recovery  and mitigation task force; to establish reporting
          and public hearing requirements for the New York state  Lake  Ontario-
          St. Lawrence River flood prevention, response, recovery and mitigation
          task force; and providing for the repeal of such provisions upon expi-
          ration thereof
 
          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 article 74 to read as follows:
     3                                 ARTICLE 74
     4                                   TITLE 2
     5           NEW YORK STATE LAKE ONTARIO - ST. LAWRENCE RIVER FLOOD
     6          PREVENTION, RESPONSE, RECOVERY AND MITIGATION TASK FORCE
     7  Section 74-0101. Flood  prevention,  response,  recovery  and mitigation
     8                     task force.
     9          74-0103. Definitions.
    10          74-0105. Task force composition.
    11          74-0107. Task force duties.
    12  § 74-0101. Flood prevention,  response,  recovery  and  mitigation  task
    13               force.
    14    The  New  York state Lake Ontario-St. Lawrence River flood prevention,
    15  response, recovery and mitigation task force, referred to in this  arti-
    16  cle  as the task force, is hereby established to determine what measures
    17  should be taken to enhance flood prevention, recovery, response, manage-
    18  ment and mitigation in and along the shoreline and  adjoining  waterways

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04986-01-9

        S. 3130                             2
 
     1  of  Lake Ontario and the St.  Lawrence River, and to develop recommenda-
     2  tions to accomplish such goal.
     3  § 74-0103. Definitions.
     4    When used in this article:
     5    1. "Adaptive measures" means any adjustment, whether passive, reactive
     6  or anticipatory, that may be taken to ameliorate the anticipated adverse
     7  consequences associated with flood events.
     8    2.  "Flood  control  study  sector"  means  a particular aspect of the
     9  natural or built environment, economy, or society that could potentially
    10  be adversely impacted by flood events. Such term includes,  but  is  not
    11  limited  to,  lake, stream and river banks, locks and dams, wetlands and
    12  waterfront areas, water resources, transportation infrastructure,  water
    13  supply and wastewater infrastructure, human health, recreation, tourism,
    14  power generation and business, residential, farm and municipal sectors.
    15    3.  "Flood  event"  means  an overflow or inundation that comes from a
    16  lake, river or other body of water, whether caused by rainfall, waterway
    17  operation, dam operation, waterflow management, dam break, water  runoff
    18  or other means, and causes or threatens damage.
    19    4.  "Lake Ontario" and "St. Lawrence River" shall mean the lake, river
    20  shoreline, lands and infrastructure of Lake Ontario and the St. Lawrence
    21  River, or its adjoining or affected  communities  of  Niagara,  Orleans,
    22  Monroe,  Wayne,  Cayuga,  Onondaga, Oswego, Jefferson, St. Lawrence, and
    23  Franklin Counties.
    24  § 74-0105. Task force composition.
    25    1. The task force shall consist of thirteen  members;  eight  of  whom
    26  shall  be  the  adjutant  general  of the state division of military and
    27  naval affairs, the commissioner of the division of homeland security and
    28  emergency services, the commissioner of the department of  environmental
    29  conservation,  the  secretary  of state, the commissioner of transporta-
    30  tion, the commissioner  of  the  department  of  parks,  recreation  and
    31  historic preservation, the commissioner of the department of agriculture
    32  and markets and the chairman of the state economic development office or
    33  designee;  and  five  additional  members  who shall be from outside the
    34  public offices listed in this section and one of each of whom shall be a
    35  hydrologist, civil engineer, climatologist, county emergency manager and
    36  soil and water conservation professional.  The  governor  shall  appoint
    37  three  of the five additional members and the temporary president of the
    38  senate and speaker of the assembly shall each appoint one of each of the
    39  five additional members.
    40    2. The task force shall appoint a chairperson from among its members.
    41    3. The members of the task force shall  receive  no  compensation  for
    42  their services, but shall be allowed their actual and necessary expenses
    43  incurred in the performance of their duties.
    44    4.  The task force shall consult with each of the emergency management
    45  officers, or appropriate county officer, from Niagara, Orleans,  Monroe,
    46  Wayne,  Cayuga, Onondaga, Oswego, Jefferson, St.  Lawrence, and Franklin
    47  counties, and each said officer shall provide to the task force a  docu-
    48  ment  listing  their  concerns  and  recommendations related to flooding
    49  along Lake Ontario and/or the St. Lawrence River. The task  force  shall
    50  consider  such  concerns and recommendations in its deliberations and in
    51  the formulation of its determinations and recommendations.
    52    5. The task force shall meet at least six times over an eighteen month
    53  period at the call of the chairperson.
    54  § 74-0107. Task force duties.
    55    The role of the task force includes, but is not limited to:

        S. 3130                             3
 
     1    1. Conducting an in-depth examination of  flood  prevention,  response
     2  and recovery issues, and flood control study sectors and issues, related
     3  to  flood  prevention,  response  and  recovery, water management, flood
     4  control and flood mitigation in and along the  shoreline  and  adjoining
     5  waterways of Lake Ontario and the St.  Lawrence River, including:
     6    (a)   Adaptive   measures  that  can  be  taken  to  effectuate  flood
     7  prevention, response and recovery programs, and mitigate flood  damages,
     8  including  but  not  limited  to feasible flood prevention, response and
     9  recovery measures, flood  management  activities,  wetland  restoration,
    10  flood  control  infrastructure, communication systems and related public
    11  safety and flood control structures and associated costs;
    12    (b) Evaluation which should include impacts on agriculture,  transpor-
    13  tation,  land  use, health, insurance and economic sectors such as ship-
    14  ping, fisheries, power generation, tourism, and recreation.  Impacts  on
    15  infrastructure,  including bridges, low-lying roads, dams, locks, cause-
    16  ways, water and wastewater treatment plants and docks shall be  included
    17  in the evaluation; and
    18    (c)  Evaluation  of  Lake Ontario and St. Lawrence River operation and
    19  management, and plans or agreements or treaties which may have a  direct
    20  or  indirect  impact on flood control, prevention, response, recovery or
    21  mitigation and flood management including, but not  limited  to,  debris
    22  management,  communication, and water management and water level manipu-
    23  lation.
    24    2. Evaluating and assessing of  any  flood  prevention,  response  and
    25  recovery  measures, flood control or flood mitigation measures, or water
    26  management procedures, agreements or treaties, identified  in  terms  of
    27  feasibility,  economic  and public health impacts, and effectiveness, as
    28  well  as  identifying  impediments  to  implementing   effective   flood
    29  prevention,  response  and  recovery, flood control and flood mitigation
    30  measures, and where possible, actions that could  be  taken  to  resolve
    31  flooding issues.
    32    3.  Arranging  through the department and the division of military and
    33  naval affairs, for the provision of such facilities, assistance and data
    34  as will enable the task force to carry out its powers and duties.  Addi-
    35  tionally, all other agencies of the state or subdivisions thereof shall,
    36  at the request of the chair provide the task force with such facilities,
    37  assistance, and data as will enable the task  force  to  carry  out  its
    38  powers and duties.
    39    §  2.  Report  to the governor and legislature. 1. Within 18 months of
    40  the effective date of this act, the New  York  state  flood  prevention,
    41  response, recovery and mitigation task force shall issue a draft report,
    42  which shall be submitted to the governor, the temporary president of the
    43  senate,  and  the speaker of the assembly assessing flood mitigation and
    44  control in New York state with particular focus on Lake Ontario and  the
    45  St.  Lawrence  River;  including, but not limited to, recommendations on
    46  how such impacts should be addressed. At  least  three  public  hearings
    47  shall  be held by the task force to provide the public with the opportu-
    48  nity to comment on the report. Notice of such hearings shall be provided
    49  on the department of environmental  conservation  website,  and  in  the
    50  environmental notice bulletin.
    51    2. Within 90 days of the date of the last public hearing, the New York
    52  state  flood  prevention,  response,  recovery and mitigation task force
    53  shall submit a final report to the governor, the temporary president  of
    54  the senate, and the speaker of the assembly. Copies of such report shall
    55  also  be  made available to the public and posted on the websites of the

        S. 3130                             4
 
     1  department of environmental conservation and the division of  naval  and
     2  military affairs.
     3    §  3.  This  act shall take effect immediately and shall expire and be
     4  deemed repealed one hundred twenty days after the New York  state  flood
     5  prevention,  response,  recovery and mitigation task force has submitted
     6  its final, completed report; provided that the  department  of  environ-
     7  mental  conservation  shall notify the legislative bill drafting commis-
     8  sion upon the occurrence of the enactment of  the  legislation  provided
     9  for in section one of this act in order that the commission may maintain
    10  an  accurate  and timely effective data base of the official text of the
    11  laws of the state  of  New  York  in  furtherance  of  effectuating  the
    12  provisions  of section 44 of the legislative law and section 70-b of the
    13  public officers law.
Go to top