S06617 Summary:
BILL NO | S06617B |
  | |
SAME AS | SAME AS A06558-B |
  | |
SPONSOR | SAVINO |
  | |
COSPNSR | ADDABBO, AVELLA, BOYLE, CARLUCCI, DILAN, ESPAILLAT, GIANARIS, GIPSON, GRISANTI, HASSELL-THOMPSON, HOYLMAN, KLEIN, KRUEGER, LANZA, LATIMER, LAVALLE, MARCELLINO, MARTINS, O'BRIEN, PARKER, PERALTA, PERKINS, SAMPSON, SERRANO, SMITH, SQUADRON, STAVISKY, TKACZYK, VALESKY |
  | |
MLTSPNSR | |
  | |
Amd En Con L, generally; amd S325, Ag & Mkts L; amd S1161, Pub Health L | |
  | |
Relates to future climate risk and/or sea level rise projections and other weather-related data. |
S06617 Actions:
BILL NO | S06617B | |||||||||||||||||||||||||||||||||||||||||||||||||
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02/14/2014 | REFERRED TO ENVIRONMENTAL CONSERVATION | |||||||||||||||||||||||||||||||||||||||||||||||||
05/07/2014 | AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION | |||||||||||||||||||||||||||||||||||||||||||||||||
05/07/2014 | PRINT NUMBER 6617A | |||||||||||||||||||||||||||||||||||||||||||||||||
05/13/2014 | 1ST REPORT CAL.623 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/14/2014 | 2ND REPORT CAL. | |||||||||||||||||||||||||||||||||||||||||||||||||
05/19/2014 | ADVANCED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2014 | AMENDED ON THIRD READING 6617B | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2014 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2014 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2014 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2014 | substituted for a6558b | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2014 | ordered to third reading cal.306 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2014 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2014 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
09/19/2014 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
09/22/2014 | SIGNED CHAP.355 |
S06617 Floor Votes:
Yes
Abbate
Yes
Curran
No
Hawley
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Abinanti
Yes
Cusick
Yes
Heastie
Yes
Mayer
Yes
Ra
Yes
Stirpe
Yes
Arroyo
Yes
Cymbrowitz
Yes
Hennessey
Yes
McDonald
Yes
Raia
Yes
Sweeney
Yes
Aubry
Yes
Davila
Yes
Hevesi
Yes
McDonough
Yes
Ramos
Yes
Tedisco
No
Barclay
Yes
DenDekker
Yes
Hikind
Yes
McKevitt
Yes
Rivera
ER
Tenney
Yes
Barrett
Yes
Dinowitz
Yes
Hooper
Yes
McLaughlin
Yes
Roberts
Yes
Thiele
Yes
Benedetto
No
DiPietro
Yes
Jacobs
Yes
Miller
Yes
Robinson
Yes
Titone
No
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
Millman
Yes
Rodriguez
Yes
Titus
No
Borelli
Yes
Englebright
Yes
Johns
Yes
Montesano
Yes
Rosa
Yes
Walter
Yes
Braunstein
Yes
Fahy
No
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Weinstein
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
ER
Weisenberg
Yes
Brindisi
Yes
Finch
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Bronson
No
Fitzpatrick
AB
Kellner
No
Nojay
Yes
Ryan
Yes
Wright
Yes
Brook-Krasny
No
Friend
Yes
Kim
Yes
Nolan
Yes
Saladino
Yes
Zebrowski
Yes
Buchwald
Yes
Galef
No
Kolb
No
Oaks
Yes
Santabarbara
Yes
Mr. Speaker
Yes
Butler
Yes
Gantt
No
Lalor
Yes
O'Donnell
Yes
Scarborough
Yes
Cahill
Yes
Garbarino
Yes
Lavine
Yes
Ortiz
Yes
Schimel
ER
Camara
Yes
Giglio
Yes
Lentol
Yes
Otis
No
Schimminger
Yes
Ceretto
Yes
Gjonaj
Yes
Lifton
No
Palmesano
Yes
Sepulveda
Yes
Clark
Yes
Glick
Yes
Lopez
Yes
Palumbo
Yes
Simanowitz
Yes
Colton
Yes
Goldfeder
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Cook
Yes
Goodell
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
No
Corwin
AB
Gottfried
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Crespo
Yes
Graf
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
No
Crouch
Yes
Gunther
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
‡ Indicates voting via videoconference
S06617 Text:
Go to top 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. LBD10228-19-4S. 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 andS. 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.