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S08110 Summary:

S08110 Actions:

S08110 Committee Votes:

S08110 Floor Votes:

S08110 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8110
 
                    IN SENATE
 
                                     January 8, 2024
                                       ___________
 
        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
 
        AN ACT reconvening the New York state sea level  rise  task  force;  and
          providing for the repeal of such 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. 1. New York state sea level rise task force. There is here-
     2  by reconvened, within the department of environmental conservation,  the
     3  sea  level  rise task force ("task force") established by chapter 613 of
     4  the laws of 2007, which  shall  consist  of  16  members  who  shall  be
     5  appointed as follows:
     6    (a) the commissioner of environmental conservation or their designee;
     7    (b) the secretary of state or their designee;
     8    (c) the commissioner of transportation or their designee;
     9    (d) the commissioner of health or their designee;
    10    (e)  the  director  of  the state emergency management office or their
    11  designee;
    12    (f) the superintendent of insurance or their designee;
    13    (g) two members to be appointed by  the  temporary  president  of  the
    14  senate;
    15    (h) two members to be appointed by the speaker of the assembly;
    16    (i) one member to be appointed by the minority leader of the senate;
    17    (j) one member to be appointed by the minority leader of the assembly;
    18    (k) one member to be appointed by the mayor of the city of New York;
    19    (l)  one  member to be appointed by the county executive of the county
    20  of Westchester;
    21    (m) one member to be appointed by the county executive of  the  county
    22  of Nassau; and
    23    (n)  one  member to be appointed by the county executive of the county
    24  of Suffolk.
    25    2. The at large members shall have expertise in one  or  more  of  the
    26  following  areas:   climatology; hydrology; economics; marine fisheries;
    27  law enforcement and emergency management; estuary programs; oceanography
    28  or coastal ocean science; ecology or  environmental  biology;  resilient
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13837-02-3
        S. 8110                             2
 
     1  infrastructure;  geographic mapping and spatial analysis; urban planning
     2  and sustainable development; and environmental justice.
     3    3. Task force members shall receive no compensation for their services
     4  but  shall  be  reimbursed for actual and necessary expenses incurred in
     5  the performance of their duties.
     6    4. The chairperson of the task force shall be the commissioner of  the
     7  department  of  environmental  conservation  or their designee. The task
     8  force shall meet no less than four times and at other times at the  call
     9  of the chairperson.
    10    5.  Any  vacancies  on  the  task  force shall be filled in the manner
    11  provided for in the initial appointment.
    12    6. The task force shall be authorized  to  hold  public  hearings  and
    13  meetings to enable it to accomplish its duties.
    14    7.  The  task  force  may  consult  with any organization, educational
    15  institution, other government entity or agency or person in the develop-
    16  ment of its report required by subdivision 10 of this section.
    17    8. The department of environmental conservation shall provide the task
    18  force with such facilities, assistance and data as will enable the  task
    19  force  to carry out its powers and duties. Additionally, all other agen-
    20  cies of the state or subdivisions thereof may, at  the  request  of  the
    21  chairperson,  provide  the  task force with such facilities, assistance,
    22  and data as will enable the task force  to  carry  out  its  powers  and
    23  duties.
    24    9.  The  purpose of the New York state sea level rise task force shall
    25  be to:
    26    (a) review the report and recommendations  previously  issued  by  the
    27  task  force,  and  to  determine  the progress made in effectuating such
    28  recommendations and what recommendations require additional efforts;
    29    (b) develop an updated evaluation of ways  of  protecting  New  York's
    30  remaining coastal ecosystems and natural habitats and increasing coastal
    31  community  resilience  in  the face of sea level rise, applying the best
    32  available science as to sea level rise and its anticipated impacts; and
    33    (c) updating previous recommendations and, if appropriate, making  new
    34  recommendations on sea level rise resiliency.
    35    10.  No later than December 31, 2025, the task force shall transmit to
    36  the governor, the temporary president of the senate and the  speaker  of
    37  the assembly a report containing the following:
    38    (a)  an  assessment  of present and anticipated impacts related to sea
    39  level rise;
    40    (b) an evaluation of previous recommendations of the task  force,  and
    41  any  new recommendations, related to mechanisms New York could establish
    42  or improve to provide  stronger,  more  protective  standards,  and  the
    43  implementation  and  enforcement  of such standards for coastal develop-
    44  ment, wetlands protection, shoreline erosion and damage mitigation,  and
    45  post-storm  approaches  for  New  York state in the context of sea level
    46  rise, including an evaluation of current  policies of the department  of
    47  environmental  conservation and the department of state and whether they
    48  reflect the recommendations of the task force;
    49    (c) an evaluation of previous recommendations of the task  force,  and
    50  any  new recommendations, regarding adaptive measures which may be taken
    51  to respond to sea level rise, including measures to:
    52    (i) protect and connect terrestrial  and  aquatic  habitats  to  allow
    53  animal  and  plant species to migrate as temperatures change, especially
    54  in already fragmented habitats;
    55    (ii) protect and restore habitat on which already stressed animal  and
    56  plant  species  depend  to maintain the integrity of natural communities
        S. 8110                             3
 
     1  and to protect ecological services they provide including flood control,
     2  drinking water supply protection, clean water and clean air;
     3    (iii)  identify  and  monitor  effects  of  climate change on animals,
     4  plants and natural communities;
     5    (iv) integrate climate change adaptation strategies into  state  envi-
     6  ronmental  plans,  including  but  not  limited  to those related to the
     7  community risk and resiliency act, as established by chapter 355 of  the
     8  laws  of  2014, and the climate leadership and community protection act,
     9  as established by chapter 106 of the laws of 2019; and
    10    (v)   ensure insurance industry  resiliency  and  understanding  among
    11  insureds regarding flooding risk.
    12    (d) an evaluation of previous recommendations, and any new recommenda-
    13  tions,  on  state  and  local regulatory and/or statutory alterations to
    14  respond to the impacts of sea level rise;
    15    (e)  (i) a review of the current flood zone designations of  shoreline
    16  and waterfront communities;
    17    (ii)  a  review  of  critical  infrastructure  such as water and waste
    18  filtration systems, chemical and fuel storage facilities, energy produc-
    19  ing facilities and equipment in FEMA   designated flood zones  prone  to
    20  flooding due to sea level rise; and
    21    (iii)  the   need  for a public awareness campaign to inform residents
    22  in flood zones prone to flooding due to sea level rise on how to prepare
    23  for sea level rise impacts;
    24    (f) consideration in such recommendations for:
    25    (i)  differences  between  areas  of  varying  developmental  density,
    26  including densely populated areas such as the city of New York; and
    27    (ii)  findings  and  recommendations  of  other  relevant governmental
    28  studies and reports, including but not limited to those of the NYS  2100
    29  Commission, the One NYC 2050 Strategic Plan, guidance developed pursuant
    30  to  the community risk and resiliency act, and the Scoping Plan required
    31  by section 75-0103 of the environmental conservation law; and
    32    (g) estimates of costs to residents, businesses,  and  governments  of
    33  sea level rise impacts and adaptation and mitigation measures.
    34    11.  No  later  than  December  31, 2025, the secretary of state shall
    35  transmit to the governor, the temporary president of the senate and  the
    36  speaker  of the assembly a report detailing how the state will implement
    37  the task force recommendations, including timelines for implementation.
    38    § 2. This act shall take effect immediately and shall  expire  and  be
    39  deemed repealed January 1, 2026.