STATE OF NEW YORK
________________________________________________________________________
6617--B
Cal. No. 623
IN SENATE
February 14, 2014
___________
Introduced by Sens. SAVINO, ADDABBO, AVELLA, BOYLE, CARLUCCI, DILAN,
ESPAILLAT, GIANARIS, GIPSON, GRISANTI, HASSELL-THOMPSON, HOYLMAN,
KLEIN, KRUEGER, LANZA, LATIMER, LAVALLE, MARCELLINO, MARTINS, PARKER,
PERALTA, PERKINS, SAMPSON, SERRANO, SMITH, SQUADRON, TKACZYK, VALESKY
-- read twice and ordered printed, and when printed to be committed to
the Committee on Environmental Conservation -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- reported favorably from said committee, ordered to first
and second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in 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
14 physical climate risk due to sea level rise, and/or storm surges and/or
15 flooding, based on available data predicting the likelihood of future
16 extreme weather events, including hazard risk analysis data if applica-
17 ble.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10228-19-4
S. 6617--B 2
1 § 4. Paragraphs g and h of subdivision 2 of section 27-1103 of the
2 environmental conservation law, as amended by chapter 618 of the laws of
3 1987, are amended and a new paragraph i is added to read as follows:
4 g. The impact on the municipality where the facility is to be cited in
5 terms of health, safety, cost and consistency with local planning,
6 zoning or land use laws and ordinances, [and]
7 h. The nature of the probable environmental impact, including specifi-
8 cation of the predictable adverse effects on the natural environment and
9 ecology, public health and safety, scenic, historic, cultural and recre-
10 ational value, water and air quality, wildlife and an evaluation of
11 measures to mitigate adverse effects[.], and
12 i. The future physical climate risk due to sea level rise, and/or
13 storm surges and/or flooding, based on available data predicting the
14 likelihood of future extreme weather events, including hazard risk anal-
15 ysis data if applicable.
16 § 5. Paragraph b of subdivision 1 of section 40-0113 of the environ-
17 mental conservation law, as added by chapter 672 of the laws of 1986, is
18 amended to read as follows:
19 b. Minimum standards and schedules for design, construction, installa-
20 tion, operation, maintenance, repair, monitoring, testing and inspection
21 of facilities. Schedules shall be based on factors such as type of
22 facility, type and quantity of hazardous substances stored, facility
23 age, condition and construction type, soil conditions, location of
24 facility relative to water supplies, surrounding population, and other
25 environmental factors including but not limited to future physical
26 climate risk due to sea level rise, and/or storm surges and/or flooding,
27 based on available data predicting the likelihood of future extreme
28 weather events, including hazard risk analysis data if available.
29 § 6. Subdivision 3 of section 49-0203 of the environmental conserva-
30 tion law is renumbered subdivision 4 and a new subdivision 3 is added to
31 read as follows:
32 3. The department and the office shall consider future physical
33 climate risk due to sea level rise, and/or storm surges and/or flooding,
34 based on available data predicting the likelihood of future extreme
35 weather events, including hazard risk analysis data if applicable.
36 § 7. Paragraph a of subdivision 2 of section 54-0303 of the environ-
37 mental conservation law, as added by chapter 610 of the laws of 1993 and
38 as designated by chapter 170 of the laws of 1994, is amended to read as
39 follows:
40 a. The commissioner of the office of parks, recreation and historic
41 preservation may enter into an agreement for the maintenance and opera-
42 tion of open space land conservation projects in urban areas or metro-
43 politan park projects by a municipality, or a not-for-profit corporation
44 or unincorporated association which demonstrates to the commissioner's
45 satisfaction that [it] the future physical climate risk due to sea level
46 rise, and/or storm surges and/or flooding, based on available data
47 predicting the likelihood of future extreme weather events, including
48 hazard risk analysis data if applicable, has been considered and the
49 municipality, not-for-profit corporation or unincorporated association
50 is financially or otherwise capable of operating and maintaining the
51 project for the benefit of the public and of maximizing public access to
52 such project. Any such agreement shall contain such provisions as shall
53 be necessary to ensure that its operation and maintenance are consistent
54 with and in furtherance of this article and shall be subject to the
55 approval of the director of the budget, the comptroller and, as to form,
56 the attorney general.
S. 6617--B 3
1 § 8. Subdivision 3 of section 54-0503 of the environmental conserva-
2 tion law, as added by chapter 610 of the laws of 1993, is amended to
3 read as follows:
4 3. A closure investigation report which complies with the requirements
5 of applicable regulations of the department, including a demonstration
6 that future physical climate risk due to sea level rise, and/or storm
7 surges and/or flooding, based on available data predicting the likeli-
8 hood of future extreme weather events, including hazard risk analysis
9 data if applicable, has been considered, shall have been submitted.
10 § 9. Subdivision 1 of section 17-1015 of the environmental conserva-
11 tion law, as amended by chapter 334 of the laws of 2008, is amended to
12 read as follows:
13 1. The department shall, pursuant to section 17-0303 of this article,
14 promulgate rules and regulations establishing standards for existing and
15 new petroleum bulk storage facilities which shall include, but not be
16 limited to, design, equipment requirements, construction, installation
17 and maintenance. In proposing, preparing and compiling such rules and
18 regulations, the department shall include consideration of the future
19 physical climate risk due to sea level rise, and/or storm surges and/or
20 flooding, based on available data predicting the likelihood of future
21 extreme weather events, including hazard risk analysis data if applica-
22 ble. The department shall consult with the state petroleum bulk storage
23 code advisory council in proposing, preparing and compiling such rules
24 and regulations. In addition, the department shall consult with the
25 state fire prevention and building code council to assure that such
26 rules and regulations are consistent with the uniform fire prevention
27 and building code.
28 § 10. Subdivisions 1 and 5 of section 54-1101 of the environmental
29 conservation law, as amended by chapter 309 of the laws of 1996, are
30 amended to read as follows:
31 1. The secretary is authorized to provide on a competitive basis,
32 within amounts appropriated, state assistance payments to municipalities
33 toward the cost of any local waterfront revitalization program, includ-
34 ing planning projects to mitigate future physical climate risks. Eligi-
35 ble costs include planning, studies, preparation of local laws, and
36 construction projects.
37 5. The secretary shall impose such contractual requirements and condi-
38 tions upon any municipality which receives state assistance payments
39 pursuant to this article as may be necessary and appropriate to ensure
40 that a public benefit shall accrue from the use of such funds by the
41 municipality including but not limited to, a demonstration that future
42 physical climate risk due to sea level rise, and/or storm surges and/or
43 flooding, based on available data predicting the likelihood of future
44 extreme weather events, including hazard risk analysis data if applica-
45 ble, has been considered.
46 § 11. Subdivision 1 of section 54-1105 of the environmental conserva-
47 tion law, as added by chapter 610 of the laws of 1993, is amended to
48 read as follows:
49 1. The commissioner is authorized to provide on a competitive basis,
50 within amounts appropriated, state assistance payments to a municipality
51 or a not-for-profit corporation toward the cost of any coastal rehabili-
52 tation project approved by the commissioner provided that the commis-
53 sioner determines that future physical climate risk due to sea level
54 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.
S. 6617--B 4
1 § 12. Subdivision 2 of section 325 of the agriculture and markets law
2 is amended by adding a new paragraph (f) to read as follows:
3 (f) In evaluating applications for funding, the commissioner shall
4 consider whether future physical climate risk due to sea level rise,
5 and/or storm surges and/or flooding, based on available data predicting
6 the likelihood of future extreme weather events, including hazard risk
7 analysis data if applicable, has been considered.
8 § 13. Section 1161 of the public health law, as added by chapter 413
9 of the laws of 1996, is amended to read as follows:
10 § 1161. Eligible projects; priority ranking. Subject to the
11 provisions of section thirty-two of the chapter of the laws of 1996
12 which added this section, in consultation with the commissioner of envi-
13 ronmental conservation, the commissioner shall establish and maintain a
14 list of potentially eligible projects and shall establish, pursuant to
15 rules and regulations, a process for listing potentially eligible
16 projects identified by potential recipients and a priority ranking
17 system for the purpose of providing financial assistance to recipients
18 for such projects under this title. In establishing such system, the
19 commissioner shall take into account the public health significance of
20 such potentially eligible projects which shall include, but need not be
21 limited to, an assessment of (i) public health and safety; (ii) popu-
22 lation affected; (iii) attainment of state drinking water quality goals
23 and standards; (iv) taking into consideration the water resources
24 management strategy pursuant to title twenty-nine of article fifteen of
25 the environmental conservation law; (v) taking into consideration future
26 physical climate risk due to sea level rise, and/or storm surges and/or
27 flooding, based on available data predicting the likelihood of future
28 extreme weather events, including hazard risk analysis data if applica-
29 ble; and [(v)] (vi) compliance with state and federal law, rules and
30 regulations.
31 § 14. The department of state, in cooperation with the department of
32 environmental conservation, shall prepare model local laws that include
33 consideration of future physical climate risk due to sea level rise,
34 and/or storm surges and/or flooding, based on available data predicting
35 the likelihood of future extreme weather events including hazard risk
36 analysis and shall make such laws available to municipalities.
37 § 14-a. Section 23-0305 of the environmental conservation law is
38 amended by adding a new subdivision 8-a to read as follows:
39 8-a. The department shall include consideration of future physical
40 climate risk due to sea level rise, and/or storm surges and/or flooding,
41 based on available data predicting the likelihood of extreme weather
42 events, including hazard risk analysis data if applicable, to permits
43 issued pursuant to title five of this article.
44 § 15. Section 70-0117 of the environmental conservation law is amended
45 by adding a new subdivision 9 to read as follows:
46 9. Applicants for major projects. Applicants for major projects for
47 the regulatory programs of paragraphs (a), (f), (h), (i), (j), (k) and
48 (m) of subdivision 3 of section 70-0107 of this article shall be
49 required to demonstrate that future physical climate risk due to sea
50 level 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.
53 § 16. The department of environmental conservation, in consultation
54 with the department of state, no later than January 1, 2017 shall
55 prepare guidance on the implementation of this act, including but not
56 limited to available and relevant data sets and risk analysis tools and
S. 6617--B 5
1 available data predicting the likelihood of future extreme weather
2 events. In addition, the department of environmental conservation and
3 the department of state shall develop additional guidance on the use of
4 resiliency measures that utilize natural resources and natural processes
5 to reduce risk.
6 § 17. The environmental conservation law is amended by adding a new
7 section 3-0319 to read as follows:
8 § 3-0319. Sea level rise projections.
9 The department shall, no later than January first, two thousand
10 sixteen, adopt regulations establishing science-based state sea level
11 rise projections. In adopting such regulations, the department shall
12 consider information including, but not limited to, reports of the
13 Intergovernmental Panel on Climate Change, the National Oceanic Atmo-
14 spheric Administration Climate Assessment, the Sea Level Rise Task Force
15 report created pursuant to chapter six hundred thirteen of the laws of
16 two thousand seven, projections prepared by the New York City Panel on
17 Climate Change and any other relevant regional, state and local reports.
18 The department shall update such regulations no less than every five
19 years.
20 § 18. Nothing in this act shall limit the existing authority of the
21 department of environmental conservation to address climate risk due to
22 sea level rise, storm surges, and flooding.
23 § 19. This act shall take effect on the one hundred eightieth day
24 after it shall have become a law and shall apply to all applications
25 and/or permits received after the adoption of guidance on the implemen-
26 tation of this act but no later than January 1, 2017.
