S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1823

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. CROUCH, BARCLAY, DUPREY, FINCH, HAWLEY, OAKS,
  REILICH, TEDISCO, MONTESANO, PALMESANO -- Multi-Sponsored by -- M.  of
  A.  TENNEY -- read once and referred to the Committee on Environmental
  Conservation

AN ACT to amend the  environmental  conservation  law  and  the  general
  municipal law, in relation to authorizing and directing the establish-
  ment  of  a  stream  maintenance  and flood control program as a local
  option for counties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  15-0501 of the environmental conservation law is
amended by adding a new subdivision 6-a to read as follows:
  6-A. NO PERMIT UNDER THIS SECTION SHALL BE REQUIRED FOR STREAM MAINTE-
NANCE AND FLOOD CONTROL ACTIVITIES CONDUCTED IN FURTHERANCE OF A  STREAM
MAINTENANCE  AND  FLOOD  CONTROL  PLAN  APPROVED  IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION TWO OF SECTION 16-0111 OF THIS CHAPTER.
  S 2. Section 15-0505 of the environmental conservation law is  amended
by adding a new subdivision 4-a to read as follows:
  4-A. NO PERMIT UNDER THIS SECTION SHALL BE REQUIRED FOR STREAM MAINTE-
NANCE  AND FLOOD CONTROL ACTIVITIES CONDUCTED IN FURTHERANCE OF A STREAM
MAINTENANCE AND FLOOD CONTROL  PLAN  APPROVED  IN  ACCORDANCE  WITH  THE
PROVISIONS OF SUBDIVISION TWO OF SECTION 16-0111 OF THIS CHAPTER.
  S  3.  Section 16-0111 of the environmental conservation law, as added
by chapter 727 of the laws of 1978, is amended to read as follows:
S 16-0111. Powers and duties of commissioner.
  1. The commissioner is hereby  authorized  and  directed  for  and  in
behalf  of the state to carry out the state's participation in a federal
program of flood control, to sign all necessary agreements,  and  to  do
and perform all necessary acts in connection therewith to consummate the
intent  and  purpose running with the approval by the federal government

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD06285-01-3

A. 1823                             2

of flood control projects in New York state and the allotment of  moneys
for  such projects, if, as and when made by the federal government. [He]
THE COMMISSIONER is authorized and empowered, notwithstanding any  other
law  of  this  state,  to  carry  out  the provisions of this act and to
perform and do such other  and  further  acts  not  hereby  specifically
provided  in  this  act  as  may  be necessary to carry out the projects
[herein] authorized UNDER THIS ARTICLE and so as to conform with the act
and rules, regulations and requirements of the federal  government  made
to  govern  the  expenditures. Work may be carried out by contract or by
department forces or by a combination of these two methods. However,  if
the  commissioner deems it to be in the interest of the public, [he] THE
COMMISSIONER may agree with a municipal  corporation  affected  by  such
work,  to  have  its contractor or its forces and equipment perform such
work, upon such terms as the commissioner may deem advantageous  to  the
state.  The commissioner shall exercise [his] ANY powers and duties with
respect to the said flood control projects in a manner that will  comply
with  any  act  of  congress  applicable thereto and any rules and regu-
lations made and promulgated by virtue thereof.
  2. (A) THE COMMISSIONER, IN CONSULTATION  WITH  THE  DIRECTOR  OF  THE
STATE  EMERGENCY MANAGEMENT OFFICE AND LOCAL SOIL AND WATER CONSERVATION
DISTRICTS, IS AUTHORIZED AND DIRECTED TO ESTABLISH A STREAM  MAINTENANCE
AND  FLOOD  CONTROL  PROGRAM.  THE  LOCAL GOVERNING BODY OF A COUNTY MAY
ELECT TO PASS A LOCAL LAW PROVIDING A LOCAL OPTION INTO SUCH PROGRAM. IF
SUCH LOCAL OPTION IS ADOPTED, SUCH COUNTY SHALL CONSULT WITH THE DEPART-
MENT, THE STATE EMERGENCY MANAGEMENT OFFICE, THE APPROPRIATE LOCAL  SOIL
AND  WATER  CONSERVATION  DISTRICTS AND SUCH OTHER PERSONS AND ORGANIZA-
TIONS WITH EXPERTISE IN  THE  FIELD  OF  STREAM  MAINTENANCE  AND  FLOOD
CONTROL  AS MAY BE NECESSARY OR APPROPRIATE TO ASSURE THE DEVELOPMENT OF
THE STREAM MAINTENANCE AND FLOOD CONTROL PLAN.
  (B) SUCH PLAN SHALL TAKE INTO ACCOUNT WEATHER PATTERNS, AN ANALYSIS OF
EXISTING CONDITIONS AND ANY HYDROLOGICAL DATA NECESSARY TO  ESTABLISH  A
SCHEDULE  OF  SPECIFIC  SHORT  AND  LONG  TERM STREAM MAINTENANCE AND/OR
RECLAMATION ACTIVITIES DESIGNED TO PREVENT FLOODING WHILE SIMULTANEOUSLY
IMPROVING AQUATIC HABITAT IN THE SUBJECT COUNTY WATERWAYS.
  (C) UPON THE COMPLETION OF THE PLAN, THE DEPARTMENT SHALL HAVE  THIRTY
DAYS  TO  APPROVE  IT OR PROVIDE AN ALTERNATIVE RECOMMENDATION. ONCE THE
FINAL PLAN IS APPROVED BY THE DEPARTMENT,  THE  STREAM  MAINTENANCE  AND
FLOOD CONTROL ACTIVITIES SCHEDULED IN THE PLAN SHALL COMMENCE IMMEDIATE-
LY.  THE COUNTY SHALL BE RESPONSIBLE FOR PERFORMING THE WORK OUTLINED IN
THE PLAN, HOWEVER, A COUNTY MAY CONTRACT WITH A TOWN, VILLAGE, SOIL  AND
WATER  CONSERVATION DISTRICT OR INDEPENDENT CONTRACTOR, AS NECESSARY, TO
EXECUTE THE  REQUIRED  MAINTENANCE  ACTIVITIES.  WHERE  THE  MAINTENANCE
ACTIVITIES  IN  THE  PLAN ARE INTENDED TO OCCUR ON PRIVATE PROPERTY, THE
COUNTY, TOWN, VILLAGE, SOIL AND WATER CONSERVATION DISTRICT OR INDEPEND-
ENT CONTRACTOR PERFORMING THE WORK SHALL NOTIFY  THE  AFFECTED  PROPERTY
OWNER AND REQUEST PERMISSION TO ENTER THE PROPERTY AND PERFORM THE SCHE-
DULED MAINTENANCE. SUCH WORK MAY BE DONE WITHOUT PERMISSION OF THE PROP-
ERTY  OWNER  UPON  A  FINDING BY THE LOCAL GOVERNING BODY OF THE COUNTY,
TOWN OR VILLAGE, WHERE THE PROPERTY IS SITUATED, THAT  FAILURE  TO  MAKE
SUCH  REPAIRS POSES AN UNWARRANTED RISK TO THE HEALTH, SAFETY OR WELFARE
OF THE RESIDENTS OF SUCH COUNTY, TOWN  OR  VILLAGE.  ANY  COUNTY,  TOWN,
VILLAGE OR SOIL AND WATER CONSERVATION DISTRICT TAKING SUCH ACTION SHALL
CONSIDER THE IMPACTS UPSTREAM AND DOWNSTREAM OF WHERE THE STREAM MAINTE-
NANCE  AND  FLOOD  CONTROL  IS TO BE PERFORMED.   FUNDING FOR ANY STREAM
MAINTENANCE AND FLOOD CONTROL ACTIVITIES SHALL BE  MADE  AVAILABLE  FROM

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THE MONIES APPROPRIATED TO THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED
PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  S  4.  The  general  municipal  law is amended by adding a new section
120-dd to read as follows:
  S 120-DD. STREAM MAINTENANCE AND FLOOD CONTROL BY LOCALITIES. A  COUN-
TY,  TOWN, VILLAGE OR SOIL AND WATER CONSERVATION DISTRICT ACTING PURSU-
ANT TO A STREAM MAINTENANCE AND FLOOD  CONTROL  PLAN  ESTABLISHED  UNDER
SUBDIVISION TWO OF SECTION 16-0111 OF THE ENVIRONMENTAL CONSERVATION LAW
SHALL  BE  AUTHORIZED  TO ENGAGE IN STREAM MAINTENANCE AND FLOOD CONTROL
ACTIVITIES WHICH ARE NECESSARY FOR THE PROTECTION OF THE  PUBLIC  HEALTH
AND SAFETY. WHERE THE MAINTENANCE ACTIVITIES IN THE PLAN ARE INTENDED TO
OCCUR  ON  PRIVATE PROPERTY, THE COUNTY, TOWN, VILLAGE OR SOIL AND WATER
CONSERVATION DISTRICT PERFORMING THE  WORK  SHALL  NOTIFY  THE  AFFECTED
PROPERTY  OWNER AND REQUEST PERMISSION TO ENTER THE PROPERTY AND PERFORM
THE SCHEDULED WORK. SUCH WORK MAY BE  DONE  WITHOUT  PERMISSION  OF  THE
PROPERTY OWNER UPON A FINDING BY THE LOCAL GOVERNING BODY OF THE COUNTY,
TOWN  OR  VILLAGE,  WHERE THE PROPERTY IS SITUATED, THAT FAILURE TO MAKE
SUCH REPAIRS POSES AN UNWARRANTED RISK TO THE HEALTH, SAFETY OR  WELFARE
OF  THE  RESIDENTS  OF  SUCH  COUNTY, TOWN OR VILLAGE. ANY COUNTY, TOWN,
VILLAGE OR SOIL AND WATER CONSERVATION DISTRICT TAKING SUCH ACTION SHALL
CONSIDER THE IMPACTS UPSTREAM AND DOWNSTREAM OF WHERE THE STREAM MAINTE-
NANCE AND FLOOD CONTROL IS TO BE PERFORMED.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such effective date.