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A09177 Summary:

BILL NOA09177C
 
SAME ASSAME AS S08204-A
 
SPONSORStirpe
 
COSPNSRLavine, Buttenschon, Bronson, Steck, Magnarelli, McDonald, Simon, Miller B, Lemondes, Smullen
 
MLTSPNSRManktelow
 
Amd §§139-a, 139-b & 139-c, Can L; amd §3, Chap 448 of 2017
 
Designates the director of the upstate flood mitigation task force; relates to assessments of Erie Canal system operation procedures related to flood mitigation and management.
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A09177 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9177--C
 
                   IN ASSEMBLY
 
                                    February 9, 2022
                                       ___________
 
        Introduced  by  M.  of  A.  STIRPE, LAVINE, BUTTENSCHON, BRONSON, STECK,
          MAGNARELLI, McDONALD, SIMON, B. MILLER,  LEMONDES  --  read  once  and
          referred to the Committee on Corporations, Authorities and Commissions
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee -- again reported from said  commit-
          tee  with  amendments, ordered reprinted as amended and recommitted to
          said committee -- again reported from said committee with  amendments,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the canal law, in relation to designating the director
          of the upstate flood mitigation task force  and  assessments  of  Erie
          Canal  system  operation  procedures  related  to flood mitigation and
          management; and to amend chapter 448 of the laws of 2017 amending  the
          canal  law  relating  to  the  upstate flood mitigation task force, in
          relation to the effectiveness thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 5 of section 139-a of the canal law, as added
     2  by chapter 448 of the laws of 2017, is amended to read as follows:
     3    5. "Upstate flood mitigation region" or "region" shall include a coun-
     4  ty[, except a county wholly encompassed by a city and any county with  a
     5  population  of  one million or more] through which the Erie Canal passes
     6  in whole or in part.
     7    § 2. Subdivision 2 of section 139-b of the  canal  law,  as  added  by
     8  chapter 448 of the laws of 2017, is amended to read as follows:
     9    2.  The  task  force  [shall  appoint  a]  chairperson [from among its
    10  members] shall be the director of the canal corporation.
    11    § 3. Subdivision 1 of section 139-c of the  canal  law,  as  added  by
    12  chapter 448 of the laws of 2017, is amended to read as follows:
    13    1. Conducting an in-depth examination, presented as a public report no
    14  later than [six months from the date the task force is established] July
    15  first,  two  thousand  twenty-three,  of flood control study sectors and
    16  issues  related  to  floodplain  management,  debris  management,  flood
    17  control  and  flood  mitigation  in  the upstate flood mitigation region
    18  including:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14440-07-2

        A. 9177--C                          2
 
     1    (a) the cost or impact of flooding over the last five years  to  agri-
     2  culture;  transportation;  land  use; public health; insurance; economic
     3  sectors such as tourism, recreation and power  generation;  as  well  as
     4  impacts  on  infrastructure  including  bridges,  low lying roads, dams,
     5  locks, roads, water and wastewater treatment plants and docks;
     6    (b)  an  assessment  of [canal system] the Erie Canal operation proce-
     7  dures and plans which may have a direct  or  indirect  impact  on  flood
     8  mitigation  and  flood  management  including, but not limited to debris
     9  management, communication, water management and flood response; and
    10    (c) a listing of adaptive measures, with associated costs, that  could
    11  be  executed  to  mitigate  flood  damages, including but not limited to
    12  feasible   floodplain   management   activities,   debris    management,
    13  construction  of flood control structures, construction of communication
    14  systems and flood mitigation education for public and  private  landown-
    15  ers.
    16    §  4. Section 139-c of the canal law is amended by adding a new subdi-
    17  vision 6 to read as follows:
    18    6. The task force shall meet at least four times at the  call  of  the
    19  chairperson  between  the  effective  date  of this subdivision and July
    20  first, two thousand twenty-three, and on  an  annual  basis  thereafter.
    21  Special meetings may be called by its chairperson and shall be called by
    22  the  chairperson at the request of a majority of the members of the task
    23  force then in office.
    24    § 5. Section 3 of chapter 448 of the laws of 2017 amending  the  canal
    25  law  relating  to the upstate flood mitigation task force, as amended by
    26  chapter 164 of the laws of 2021, is amended to read as follows:
    27    § 3. This act shall take effect immediately; provided,  however,  that
    28  section  139-d  of  the  canal law, as added by section one of this act,
    29  shall take effect April 1, 2018; and provided, further,  that  this  act
    30  shall expire and be deemed repealed July 1, [2023] 2024.
    31    §  6.  This  act shall take effect immediately; provided, however that
    32  the amendments to article 13-B of the canal law made  by  sections  one,
    33  two,  three  and  four  of  this act shall not affect the expiration and
    34  repeal of such article and shall be deemed repealed therewith.
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