This bill has been amended

Bill S4503-2013

Enacts the flood mitigation council act

Establishes the flood mitigation and prevention task force to evaluate ways of protecting communities and residents of the state from flooding.

Details

Actions

  • Apr 5, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S4503

TITLE OF BILL: An act to amend the environmental conservation law, in relation to enacting the flood mitigation council act

PURPOSE OR GENERAL IDEA OF BILL: To establish a flood mitigation council to be based within the New York State Department of Environmental Conservation, including representatives of various agencies and local government officials, to identify regions most affected by flooding, prioritize mitigation efforts, identify sources of funding, and support additional research on mitigation efforts.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 sets out the title the "Flood Mitigation Council Act."

Section 2 establishes legislative findings concerning the increased frequency and severity of flooding throughout New York State.

Section 3 (i) amends the environmental conservation law by adding a new section establishing a flood mitigation council in the Department of Environmental Conservation and setting out its definition and mission. The Council shall be composed of between eleven and fifteen members appointed by the commissioner, including representatives of the U.S. Army Corps of Engineers; New York State Departments of Environmental Conservation and Transportation; the New York State Office of Parks, Recreation, and Historic Preservation; the New York office of Emergency Management; the New York State Division of Homeland Security and Emergency Services; and representatives of flood prone counties and municipalities. The council shall develop guidelines for identifying and identify the scope and nature of the flooding throughout the state, prioritize projects, identify sources of funding, and support additional research to better understand the effects of flooding.

Section 3(ii)(a) establishes that the flood mitigation council shall: assess and quantify the extent and magnitude of the state-wide effects caused by flooding, including identifying populations and regions most affected, prioritizing regions and projects, and identifying technologies and strategies which can mitigate the impact of flooding on residents and infrastructure.

Section 3(ii)(b) establishes that the flood council shall identify potential sources of funding to support mitigation efforts.

Section 3(ii)(c) establishes that the flood council shall undertake research projects or studies to better understand how flooding affects residents and infrastructure of the state. Section 3(ii)(d) sets out that the flood council shall make recommendations to the governor and the state legislature on how the state can best use its resources to assist flood-prone counties.

Section 4. establishes the effective date.

JUSTIFICATION: The increasing frequency and severity of flooding throughout the state has underscored the need for greater coordination of efforts among levels of government, agencies, and regions with

responsibilities to address flooding. This bill begins to address this deficiency.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: To Be Determined (Fiscal Note Required)

EFFECTIVE DATE: January 1, 2014


Text

STATE OF NEW YORK ________________________________________________________________________ 4503 2013-2014 Regular Sessions IN SENATE April 5, 2013 ___________
Introduced by Sen. LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to enacting the flood mitigation council act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "flood mitigation council act". S 2. Legislative findings. The legislature finds that: climate change has produced increased frequency and severity of flooding throughout New York state. This is particularly underscored by the effects of Hurricane Sandy and other storms throughout the state. S 3. The environmental conservation law is amended by adding a new section 16-0121 to read as follows: S 16-0121. FLOOD MITIGATION COUNCIL. 1. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT A FLOOD MITIGATION COUNCIL. SUCH COUNCIL SHALL BE COMPOSED OF NOT LESS THAN ELEVEN MEMBERS AND NO MORE THAN SIXTEEN MEMBERS, WHICH SHALL INCLUDE THE COMMISSIONER, WHO SHALL BE THE CHAIR OF THE COUNCIL, THE COMMISSIONER OF GENERAL SERVICES WHO SHALL SERVE AS AN EX-OFFICIO MEMBER OF THE COUNCIL, AND A MINIMUM OF TEN MEMBERS AND A MAXIMUM OF FOURTEEN MEMBERS APPOINTED BY THE COMMISSIONER. THE MEMBERS APPOINTED BY THE COMMISSIONER SHALL INCLUDE PERSONS REPRESENTING THE FOLLOWING INTERESTS: THE U.S. ARMY CORPS OF ENGINEERS; THE NEW YORK STATE DEPARTMENTS OF ENVIRONMENTAL CONSERVATION AND TRANSPORTATION; THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION; THE NEW YORK STATE OFFICE OF EMER- GENCY MANAGEMENT; THE NEW YORK STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES; AND FLOOD-PRONE COUNTIES AND MUNICIPALITIES. THE MEMBERSHIP OF THE COUNCIL SHALL REPRESENT THOSE GEOGRAPHIC AREAS AND REGIONS IN THIS STATE THAT ARE LIKELY TO SUFFER FROM THE EFFECTS OF FLOODING. THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES BUT SHALL BE REIMBURSED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION. 2. THE FLOOD MITIGATION COUNCIL SHALL: A. ASSESS AND QUANTIFY THE EXTENT AND MAGNITUDE OF THE PROBLEM STATE- WIDE CAUSED BY FLOODING, INCLUDING IDENTIFYING THOSE REGIONS AND POPU- LATIONS MOST AFFECTED BY FLOODING; DEVELOPING CRITERIA AND GUIDELINES FOR IDENTIFYING AND PRIORITIZING REGIONS AND PROJECTS MOST IN NEED OF MITIGATION; AND IDENTIFYING EXISTING AND EMERGING TECHNOLOGIES, STRATE- GIES AND CONCEPTS WHICH CAN MITIGATE THE IMPACT OF FLOODING ON POPU- LATIONS AND INFRASTRUCTURE; B. IDENTIFY POTENTIAL FUNDING SOURCES TO SUPPORT RESIDENTIAL, COMMER- CIAL AND PUBLIC MITIGATION EFFORTS; AND C. UNDERTAKE RESEARCH PROJECTS OR STUDIES TO BETTER UNDERSTAND HOW FLOODING AFFECTS THE GEOGRAPHY AND THE POPULATION OF THIS STATE; AND D. MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE STATE LEGISLATURE ON HOW THE STATE CAN BEST USE ITS RESOURCES TO ASSIST FLOOD-PRONE COUNTIES AND MUNICIPALITIES TO PREVENT OR MITIGATE THE EFFECTS OF FLOODING. S 4. This act shall take effect on the first of January next succeed- ing the date on which it shall have become law.

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