Bill S5138-2013

Relates to future climate risk including sea level rise projections and other weather-related data

Relates to future climate risk including sea level rise projections and other weather-related data.

Details

Actions

  • Jun 21, 2013: COMMITTED TO RULES
  • Jun 4, 2013: ADVANCED TO THIRD READING
  • Jun 3, 2013: 2ND REPORT CAL.
  • May 30, 2013: 1ST REPORT CAL.822
  • May 10, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - May 30, 2013
Ayes (10): Grisanti, LaValle, Little, Marcellino, Young, Avella, Espaillat, Serrano, Latimer, Tkaczyk
Ayes W/R (2): Maziarz, O'Mara

Memo

BILL NUMBER:S5138

TITLE OF BILL: An act to amend the environmental conservation law, the agriculture and markets law and the public health law, in relation to the consideration of future climate risk including sea level rise projections and other weather-related data; and in relation to requiring the preparation of model local zoning laws relating to climate risk

PURPOSE:

The purpose of this bill is to ensure that state monies and permits include consideration of the effects of climate change and extreme weather events.

SUMMARY OF PROVISIONS:

This bill would:

*amend the "State Smart Growth Infrastructure Policy Act" to include the goal of mitigating future climate change impacts by considering sea level rise projections and available weather-related data predicting the likelihood of future extreme weather events;

*amend the water pollution and drinking water revolving funds to include consideration of future climate change and other weather-related data as part of the review process;

*amend the programs within the Environmental Protection Fund, including municipal landfill gas management projects, municipal parks, local waterfront revitalization programs, coastal rehabilitation projects, farmland protection to require consideration of future climate change as part of the application and review process;

*require certain major permits issued pursuant to the Uniform Procedures Act to include consideration of climate risk; and,

*require the Department of State, in consultation with the Department of Environmental Conservation to prepare model local laws concerning climate change and to make such model laws available to municipalities.

JUSTIFICATION:

Extreme weather events and climate change are becoming more common. According to the National Oceanic and Atmospheric Administration, December marked the 334th consecutive month with above-average temperatures. This means that people 27 years old or younger have never lived through a month that was colder than average. In addition, the National Climate Assessment and Development Advisory Committee report indicates "The Northeast has experienced a greater increase in extreme precipitation over the past few decades than any other region in the United States. Since 1958, the Northeast has seen a 74 percent increase in the amount of precipitation falling in very heavy events."

Future extreme weather events will also be compounded by sea level rise. Sea level rise in the Northeast is expected to exceed the global

average. As a result, the chance of what is now a 1-in-10-year coastal flood event in the Northeast could triple by 2100, occurring roughly once every three years, simply in response to higher sea levels. This means that between one-half million and 2.3 million people will be at risk from flooding due only to sea level rise.

These statistics have been illustrated most recently by the devastating impacts of Hurricane Sandy, Lee and Irene. In addition to the tragic loss of life, property and environmental damage, there is also an economic cost of extreme weather events. The financial toll of Hurricane Sandy on New York is estimated to be at least $42 billion dollars.

This legislation is intended to encourage advance planning for extreme weather events and for the consideration of the effects of climate change. For example, the water and sewage treatment plants within the State sustained extensive damage as a result of Hurricane Sandy. As funding and permitting decisions are made regarding such plants in the future, decisions about the potential for damage from other extreme weather events should be considered. State funding is a limited resource and it is appropriate that consideration be given to climate risk and extreme weather events in order to ensure the long term viability of funded projects. The same is true for Environmental Protection Fund programs such as the Local Waterfront Revitalization Program, in which municipalities are provided with funding to help develop long-term waterfront zoning.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect on the 180th day and shall apply to all applications and/or permits received after such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 5138 2013-2014 Regular Sessions IN SENATE May 10, 2013 ___________
Introduced by Sens. FUSCHILLO, GRISANTI -- read twice and ordered print- ed, and when printed to be committed to the Committee on Environmental Conservation 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: Section 1. Subdivision 2 of section 6-0107 of the environmental conservation law is amended by adding a new paragraph k to read as follows: K. TO MITIGATE FUTURE CLIMATE CHANGE IMPACTS BY INCLUDING CONSIDER- ATION OF SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER EVENTS. S 2. Item (e) of subparagraph (ii) of paragraph d of subdivision 1 of section 17-1909 of the environmental conservation law, as added by chap- ter 565 of the laws of 1989, is amended to read as follows: (e) conforms with applicable rules and regulations of the department, INCLUDING A DEMONSTRATION THAT FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE LIKE- LIHOOD OF FUTURE SEVERE WEATHER EVENTS HAS BEEN CONSIDERED. S 3. Paragraphs g and h of subdivision 2 of section 27-1103 of the environmental conservation law, as amended by chapter 618 of the laws of 1987, are amended and a new paragraph i is added to read as follows: g. The impact on the municipality where the facility is to be sited in terms of health, safety, cost and consistency with local planning, zoning or land use laws and ordinances, [and] h. The nature of the probable environmental impact, including specifi- cation of the predictable adverse effects on the natural environment and
ecology, public health and safety, scenic, historic, cultural and recre- ational value, water and air quality, wildlife and an evaluation of measures to mitigate adverse effects[.], AND I. THE FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER EVENTS. S 4. Subdivision 1 of section 40-0113 of the environmental conserva- tion law is amended by adding a new paragraph i to read as follows: I. REQUIREMENTS FOR CONSIDERATION OF FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER EVENTS. S 5. Subdivision 3 of section 49-0203 of the environmental conserva- tion law is renumbered subdivision 4 and a new subdivision 3 is added to read as follows: 3. THE DEPARTMENT AND THE OFFICE SHALL CONSIDER THE FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER EVENTS. S 6. Paragraph a of subdivision 2 of section 54-0303 of the environ- mental conservation law, as added by chapter 610 of the laws of 1993 and as designated by chapter 170 of the laws of 1994, is amended to read as follows: a. The commissioner of the office of parks, recreation and historic preservation may enter into an agreement for the maintenance and opera- tion of open space land conservation projects in urban areas or metro- politan park projects by a municipality, or a not-for-profit corporation or unincorporated association which demonstrates to the commissioner's satisfaction that [it] THE FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER EVENTS HAS BEEN CONSIDERED AND THE MUNICIPALITY is financially or otherwise capable of operating and maintaining the project for the benefit of the public and of maximizing public access to such project. Any such agreement shall contain such provisions as shall be necessary to ensure that its operation and maintenance are consistent with and in furtherance of this article and shall be subject to the approval of the director of the budget, the comptroller and, as to form, the attorney general. S 7. Subdivision 3 of section 54-0503 of the environmental conserva- tion law, as added by chapter 610 of the laws of 1993, is amended to read as follows: 3. A closure investigation report which complies with the requirements of applicable regulations of the department, INCLUDING A DEMONSTRATION THAT FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAIL- ABLE WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER EVENTS HAS BEEN CONSIDERED, shall have been submitted. S 8. Section 54-0504 of the environmental conservation law, as added by section 4 of part L of chapter 59 of the laws of 2005, is amended to read as follows: S 54-0504. Eligibility to receive state assistance payments for munici- pal landfill gas management projects. Any municipality which is the owner or operator of a landfill may apply for state assistance payments toward the cost of a municipal land- fill gas management project. Any application for a municipal landfill gas management project must comply with all applicable rules and regu- lations promulgated by the department, INCLUDING A DEMONSTRATION THAT FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE
WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER EVENTS HAS BEEN CONSIDERED. S 9. Subdivisions 1 and 5 of section 54-1101 of the environmental conservation law, as amended by chapter 309 of the laws of 1996, are amended to read as follows: 1. The secretary is authorized to provide on a competitive basis, within amounts appropriated, state assistance payments to municipalities toward the cost of any local waterfront revitalization program, INCLUD- ING PLANNING PROJECTS TO MITIGATE FUTURE CLIMATE RISKS. Eligible costs include planning, studies, preparation of local laws, and construction projects. 5. The secretary shall impose such contractual requirements and condi- tions upon any municipality which receives state assistance payments pursuant to this article as may be necessary and appropriate to ensure that a public benefit shall accrue from the use of such funds by the municipality INCLUDING BUT NOT LIMITED TO, A DEMONSTRATION THAT FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATH- ER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER EVENTS HAS BEEN CONSIDERED. S 10. Subdivision 1 of section 54-1105 of the environmental conserva- tion law, as added by chapter 610 of the laws of 1993, is amended to read as follows: 1. The commissioner is authorized to provide on a competitive basis, within amounts appropriated, state assistance payments to a municipality or a not-for-profit corporation toward the cost of any coastal rehabili- tation project approved by the commissioner PROVIDED THAT THE COMMIS- SIONER DETERMINES THAT FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER EVENTS HAS BEEN CONSIDERED. S 11. Subdivision 2 of section 325 of the agriculture and markets law is amended by adding a new paragraph (e) to read as follows: (E) IN EVALUATING APPLICATIONS FOR FUNDING, THE COMMISSIONER SHALL CONSIDER THE FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATHER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER. S 12. Section 1161 of the public health law, as added by chapter 413 of the laws of 1996, is amended to read as follows: S 1161. Eligible projects; priority ranking. Subject to the provisions of section thirty-two of the chapter of the laws of 1996 which added this section, in consultation with the commissioner of envi- ronmental conservation, the commissioner shall establish and maintain a list of potentially eligible projects and shall establish, pursuant to rules and regulations, a process for listing potentially eligible projects identified by potential recipients and a priority ranking system for the purpose of providing financial assistance to recipients for such projects under this title. In establishing such system, the commissioner shall take into account the public health significance of such potentially eligible projects which shall include, but need not be limited to, an assessment of (i) public health and safety; (ii) popu- lation affected; (iii) attainment of state drinking water quality goals and standards; (iv) taking into consideration the water resources management strategy pursuant to title twenty-nine of article fifteen of the environmental conservation law; (V) TAKING INTO CONSIDERATION FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE PROJECTIONS AND AVAILABLE WEATH- ER-RELATED DATA PREDICTING THE LIKELIHOOD OF FUTURE SEVERE WEATHER; and [(v)] (VI) compliance with state and federal law, rules and regulations.
S 13. The department of state, in cooperation with the department of environmental conservation, shall prepare model local laws that include consideration of climate risk including sea level rise projections and available weather-related data predicting the likelihood of future severe weather events and shall make such laws available to munici- palities. S 14. Major permits for the regulatory programs of paragraphs (f),(h),(i),(j),(k) and (m) of subdivision 3 of section 70-0107 of the environmental conservation law and article 23, article 40 and title 10 of article 17 of the environmental conservation law shall require appli- cants to demonstrate that future climate risk including sea level rise projections and available weather-related data predicting the likelihood of future severe weather events has been considered. S 15. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall apply to all applications and/or permits received after such date.

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