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S05186 Summary:

S05186 Actions:

S05186 Committee Votes:

S05186 Floor Votes:

S05186 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5186--A
            Cal. No. 511
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 27, 2023
                                       ___________
 
        Introduced  by  Sens.  MAYER,  GOUNARDES,  MAY,  RAMOS -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Environmental  Conservation -- reported favorably from said committee,
          ordered to first and second report, ordered to a third reading, passed
          by Senate and delivered to the Assembly, recalled, vote  reconsidered,
          restored  to  third  reading, amended and ordered reprinted, retaining
          its place in the order of third reading
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          requiring  the  department  of environmental conservation to implement
          permit regulations and guidance regarding shoreline management
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.    Section 1-0303 of the environmental conservation law is
     2  amended by adding a new subdivision 26 to read as follows:
     3    26. "Nature-based solution" shall mean  a  project  that  utilizes  or
     4  mimics nature or natural processes and functions and that may also offer
     5  environmental,  economic,  and social benefits, while increasing resili-
     6  ence. Nature-based solutions include both green and natural  infrastruc-
     7  ture.
     8    §  2.  Section 3-0301 of the environmental conservation law is amended
     9  by adding a new subdivision 2-a to read as follows:
    10    2-a. a. To further assist in carrying out the policy of this state  as
    11  provided  in  section  1-0101  of  this  chapter, the department, by and
    12  through the commissioner shall:
    13    (1) authorize and encourage the use of nature-based solutions  as  the
    14  preferred  alternative,  where appropriate, for stabilizing tidal shore-
    15  lines in the state when promulgating and implementing  rules  and  regu-
    16  lations  relating  thereto,  specifically including, but not limited to,
    17  those promulgated and implemented for articles fifteen, twenty-five  and
    18  thirty-four  of  this  chapter.  The  department  shall consult with the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05011-04-3
        S. 5186--A                          2
 
     1  United States army corps of engineers  to  ensure  the  minimization  of
     2  conflicts with federal law and regulation.
     3    (2)  continue  developing  integrated  guidance  for the management of
     4  tidal shoreline systems to provide a technical  basis  for  the  coordi-
     5  nation  of permit decisions required by any regulatory entity exercising
     6  authority over a shoreline management project. Such guidance shall:
     7    (i) communicate to stakeholders and regulatory authorities that it  is
     8  the policy of the state that some shorelines shall remain natural unless
     9  stabilization  is necessary, and when stabilization is deemed necessary,
    10  it shall support nature-based solutions as the preferred alternative for
    11  stabilizing tidal shorelines;
    12    (ii) identify preferred shoreline management approaches for the shore-
    13  line and community types found in the state;
    14    (iii) explain the risks and benefits of protection provided by various
    15  shoreline system elements associated with each management option; and
    16    (iv) recommend procedures to achieve efficiency and  effectiveness  by
    17  the  various  regulatory  entities exercising authority over a shoreline
    18  management project.
    19    (3) give preference to a permit application for a shoreline management
    20  project based on nature-based  solution  design  unless  an  alternative
    21  analysis  containing  a  review of nature-based solutions that have been
    22  evaluated  using  the  best  available  information  shows   that   such
    23  approaches  are not suitable. If this analysis shows that a nature-based
    24  solution approach is unsuitable  or  inconsistent  with  land-use  regu-
    25  lations,  the  department shall require the applicant to incorporate, to
    26  the maximum extent possible, elements of a  nature-based  solution  that
    27  are suitable for the project where appropriate.
    28    b.  (1)  For the purposes of this subdivision, "nature-based solution"
    29  shall have the same meaning as  defined  in  subdivision  twenty-six  of
    30  section  1-0303  of  this chapter and shall specifically mean techniques
    31  applied within the tidal zone that incorporate  natural,  native  living
    32  features.
    33    (2)  When  considering  a  nature-based solution the department should
    34  prioritize techniques, including but not limited to those that:
    35    (i) control or reduce shoreline  erosion  while  maintaining  benefits
    36  comparable  to  the  natural  shoreline  including,  but not limited to,
    37  allowing for natural sediment movement;
    38    (ii) improve, restore, or maintain the connection between  the  upland
    39  and water habitats; and
    40    (iii)  incorporate habitat enhancement and natural elements, including
    41  but not limited to native re-vegetation or establishment  of  new  vege-
    42  tation  consistent  with a natural shoreline typical of the current site
    43  location either:
    44    (A) under current conditions, or
    45    (B) as adjusted for science-based state  sea-level  rise  projections,
    46  utilizing  the appropriate projection scenario at a time interval appro-
    47  priate for the anticipated lifespan of the project  but  not  less  than
    48  twenty  years  after  the  anticipated  project  completion, pursuant to
    49  section 3-0319 of this title for such location.
    50    § 3. This act shall take effect immediately.