Creates the upstate flood mitigation task force within the canal corporation; establishes the upstate flood mitigation fund to conduct studies on the impact of floods and on preventative or mitigation measures.
Ayes (61): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the canal law, in relation to the upstate flood mitigation task force and to amend the state finance law, in relation to creating the upstate flood mitigation fund; and providing for the repeal of certain provisions upon expiration thereof
PURPOSE: The purpose of this act is to create a new article entitled the Upstate Flood Mitigation Assistance Act within the canal law to establish and fund the upstate flood mitigation grant program.
SUMMARY OF PROVISIONS:
Section 1. Amends the canal law to add a new article 13-B creating the upstate flood mitigation task force to identify reasonable measures that can be taken to enhance flood management and mitigation, including the development of the upstate flood mitigation grant program.
Amends the canal law to define terms essential to the implementation of this new act including the definition of adaptive measures, flood control study sector, flood event, canal system and upstate flood mitigation region.
Amends the canal law to establish the composition of the task force and the selection of members; limits member compensation to actual and necessary expenses incurred in the performance of duties; and delineates the process for public consultation and hearings.
Amends the canal law in relation to task force powers and duties including: the requirement of an in-depth study within six months from the task force establishment to examine flood control study sectors and issues related to floodplain management, debris management, flood control, and flood mitigation; and the establishment of an upstate flood mitigation grant program.
Amends the canal law to require the task force to establish an upstate flood mitigation grant program to be administered by the canal corporation. The task force shall establish the structure of the grant program which shall include but not be limited to the definition of eligible recipients, project application process, program maximum project award amounts, project cost sharing parameters and program funding cycles. This section further provides that the first funding cycle shall be available for award to grant recipients during SFY 2014-15.
Section 2. Amends the state finance law to add a new section establish- ing the upstate flood mitigation fund. Establishes this fund within the joint custody of the commissioner of taxation and finance and the state comptroller and provides that such fund shall consist of monies transferred annually by the director of budget from existing available federal and state funds pursuant to a five year schedule established within the SFY 2014-15 Executive Budget. Further provides that monies of the fund shall be available to fund grants made under the upstate flood mitigation grant program established under section five of article xxx of the canal law.
Section 3. Amends the canal law to provide for the task force duration and repeal.
JUSTIFICATION: In the last several Years, Upstate New York has experienced some of the worst flooding in the state's history. The establishment of the Upstate Flood Mitigation Task Force will provide an in-depth yet rapid assessment of flood control study sectors and issues related to floodplain management, debris management, flood control and flood mitigation in the upstate flood mitigation region. The Upstate Flood Mitigation grant program will provide comprehensive action to reduce flooding risks and protect communities from storms and floods by utilizing existing available federal and state monies to fund grants within the upstate flood mitigation region. This program will work alongside existing flood assistance grant programs, supplementing existing efforts by providing funds for adaptive measures to mitigate or eliminate a flood event.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None Noted.
EFFECTIVE DATE: This act takes effect immediately with sections one, three and four repealed on March 31, 2015.
STATE OF NEW YORK ________________________________________________________________________ 6345 IN SENATE January 17, 2014 ___________Introduced by Sens. VALESKY, FARLEY, GRIFFO, LARKIN, O'MARA, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the canal law, in relation to the upstate flood miti- gation task force and to amend the state finance law, in relation to creating the upstate flood mitigation fund; and providing for the repeal of certain provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The canal law is amended by adding a new article 13-b to read as follows: ARTICLE 13-B UPSTATE FLOOD MITIGATION TASK FORCE SECTION 139. UPSTATE FLOOD MITIGATION TASK FORCE. 139-A. DEFINITIONS. 139-B. TASK FORCE COMPOSITION. 139-C. TASK FORCE DUTIES AND POWERS. 139-D. UPSTATE FLOOD MITIGATION GRANT PROGRAM. S 139. UPSTATE FLOOD MITIGATION TASK FORCE. THE UPSTATE FLOOD MITI- GATION TASK FORCE, REFERRED TO IN THIS ARTICLE AS THE "TASK FORCE", IS HEREBY ESTABLISHED TO IDENTIFY REASONABLE MEASURES THAT CAN BE TAKEN TO ENHANCE FLOOD MANAGEMENT AND MITIGATION IN THE UPSTATE FLOOD MITIGATION REGION AND TO MAKE RECOMMENDATIONS AND PROVIDE GRANT ASSISTANCE WITH RESPECT TO SUCH MEASURES. S 139-A. DEFINITIONS. WHEN USED IN THIS ARTICLE: 1. "ADAPTIVE MEASURES" MEANS ANY ADJUSTMENT, WHETHER PASSIVE, REACTIVE OR ANTICIPATORY, THAT MAY BE TAKEN TO AMELIORATE THE ANTICIPATED ADVERSE CONSEQUENCES ASSOCIATED WITH FLOOD EVENTS. 2. "FLOOD CONTROL STUDY SECTOR" MEANS A PARTICULAR ASPECT OF THE NATURAL OR BUILT ENVIRONMENT, ECONOMY, OR SOCIETY THAT COULD POTENTIALLY BE ADVERSELY IMPACTED BY FLOOD EVENTS. SUCH TERM INCLUDES, BUT IS NOT LIMITED TO, STREAM AND RIVER BANKS, LOCKS AND DAMS, WETLANDS AND WATER- FRONT AREAS, WATER RESOURCES, TRANSPORTATION INFRASTRUCTURE, WATEREXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13587-01-4 S. 6345 2
SUPPLY AND WASTEWATER INFRASTRUCTURE, HUMAN HEALTH, RECREATION, TOURISM, POWER GENERATION AND BUSINESS, RESIDENTIAL, FARM AND MUNICIPAL SECTORS. 3. "FLOOD EVENT" MEANS AN OVERFLOW OR INUNDATION THAT COMES FROM A RIVER OR OTHER BODY OF WATER, WHETHER CAUSED BY RAINFALL, WATERWAY OPER- ATION, DAM BREAK, WATER RUNOFF OR OTHER MEANS, AND CAUSES OR THREATENS DAMAGE. 4. "CANAL SYSTEM" SHALL MEAN THE CANAL WATERWAYS, LANDS AND INFRAS- TRUCTURE AS SET OUT IN SECTION TWO OF THIS CHAPTER. 5. "UPSTATE FLOOD MITIGATION REGION" SHALL INCLUDE A COUNTY, EXCEPT A COUNTY WHOLLY ENCOMPASSED BY A CITY AND ANY COUNTY WITH A POPULATION OF ONE MILLION OR MORE. S 139-B. TASK FORCE COMPOSITION. 1. THE TASK FORCE SHALL CONSIST OF THE DIRECTOR OF THE CANAL CORPORATION, THE COMMISSIONER OF TRANSPORTA- TION, THE DIRECTOR OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION; AND FIVE ADDITIONAL MEMBERS WHO SHALL BE FROM OUTSIDE THE PUBLIC OFFICES LISTED IN THIS SECTION AND WHO SHALL HAVE PROFESSIONAL EXPERIENCE IN THE FIELDS OF HYDROLOGY, CIVIL ENGINEERING, CLIMATOLOGY, EMERGENCY MANAGEMENT AND SOIL AND WATER CONSERVATION. THE GOVERNOR SHALL APPOINT THREE OF THE FIVE ADDITIONAL MEMBERS AND THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY SHALL EACH APPOINT ONE OF EACH OF THE FIVE ADDI- TIONAL MEMBERS. 2. THE TASK FORCE SHALL APPOINT A CHAIRPERSON FROM AMONG ITS MEMBERS. 3. THE MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. 4. TO HELP ENSURE THE TASK FORCE'S RECEIPT OF A COMPREHENSIVE AND DIVERSE ARRAY OF VIEWS, THE TASK FORCE SHALL HOLD PUBLIC HEARINGS AS IT DEEMS NECESSARY TO SOLICIT RELEVANT INFORMATION AND GATHER CURRENT RESEARCH AND DATA RELATED TO FLOODING AND FLOOD MITIGATION IN THE REGION AS WELL AS RECOMMENDATIONS TO FULFILL THE PURPOSES OF THIS ARTICLE. THE TASK FORCE SHALL CONSULT WITH THE COUNTY OFFICES OF EMERGENCY MANAGE- MENT, COUNTY SOIL AND WATER CONSERVATION DISTRICTS AND ALL OTHER FEDER- AL, STATE AND LOCAL ENTITIES IT DEEMS NECESSARY TO FULFILL THE PURPOSES OF THIS ARTICLE. IN DETERMINING THE NUMBER OF PUBLIC HEARINGS TO BE HELD THE TASK FORCE SHALL REMAIN COGNIZANT OF ITS DUTY TO MEET THE TIME- FRAME FOR FIRST CYCLE AWARDS UNDER THE UPSTATE FLOOD MITIGATION PROGRAM ESTABLISHED WITHIN SECTION ONE HUNDRED THIRTY-NINE-D OF THIS ARTICLE. S 139-C. TASK FORCE DUTIES AND POWERS. THE ROLE OF THE TASK FORCE INCLUDES, BUT IS NOT LIMITED TO: 1. CONDUCTING AN IN-DEPTH EXAMINATION, PRESENTED AS A PUBLIC REPORT NO LATER THAN SIX MONTHS FROM THE DATE THE TASK FORCE IS ESTABLISHED, OF FLOOD CONTROL STUDY SECTORS AND ISSUES RELATED TO FLOODPLAIN MANAGEMENT, DEBRIS MANAGEMENT, FLOOD CONTROL AND FLOOD MITIGATION IN THE UPSTATE FLOOD MITIGATION REGION INCLUDING: (A) THE COST IMPACT OF FLOODING OVER THE LAST FIVE YEARS ON AGRICUL- TURE; TRANSPORTATION; LAND USE; HEALTH; INSURANCE; ECONOMIC SECTORS SUCH AS TOURISM, RECREATION AND POWER GENERATION; AS WELL AS IMPACTS ON INFRASTRUCTURE INCLUDING BRIDGES, LOW LYING ROADS, DAMS, LOCKS, CAUSE- WAYS, WATER AND WASTEWATER TREATMENT PLANTS AND DOCKS; (B) AN ASSESSMENT OF CANAL OPERATION PROCEDURES AND PLANS WHICH MAY HAVE A DIRECT OR INDIRECT IMPACT ON FLOOD MITIGATION AND FLOOD MANAGE- MENT INCLUDING, BUT NOT LIMITED TO DEBRIS MANAGEMENT, COMMUNICATION, WATER MANAGEMENT AND FLOOD RESPONSE; AND (C) A LISTING OF ADAPTIVE MEASURES, WITH ASSOCIATED COSTS, THAT CAN BE TAKEN TO MITIGATE FLOOD DAMAGES, INCLUDING BUT NOT LIMITED TO FEASIBLES. 6345 3
FLOODPLAIN MANAGEMENT ACTIVITIES, DEBRIS MANAGEMENT, FLOOD CONTROL STRUCTURES, COMMUNICATION SYSTEMS AND FLOOD MITIGATION EDUCATION FOR PUBLIC AND PRIVATE LANDOWNERS. 2. ESTABLISHING AN UPSTATE FLOOD MITIGATION GRANT PROGRAM BASED ON THE TASK FORCE'S EVALUATION PURSUANT TO SECTION ONE HUNDRED THIRTY-NINE-D OF THIS ARTICLE WHICH UTILIZES EXISTING AVAILABLE FEDERAL AND STATE MONIES TO FUND GRANTS WITHIN THE UPSTATE FLOOD MITIGATION REGION TO PREVENT AND MITIGATE FLOOD DAMAGE WITHIN THE REGION. SUCH PROGRAM SHALL WORK IN CONJUNCTION WITH EXISTING FLOOD ASSISTANCE GRANT PROGRAMS AND SUPPLEMENT EXISTING EFFORTS BY PROVIDING FUNDS FOR ADAPTIVE MEASURES TO MITIGATE OR ELIMINATE A FLOOD EVENT. 3. THE TASK FORCE SHALL HAVE THE POWER TO: (A) CONTRACT FOR PROFES- SIONAL AND TECHNICAL ASSISTANCE AND ADVICE; (B) CONTRACT FOR AND ACCEPT ASSISTANCE INCLUDING, BUT NOT LIMITED TO GIFTS, GRANTS, EASEMENTS, AND LOANS OF FUNDS, REAL PROPERTY AND PERSONAL PROPERTY FROM THE FEDERAL GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY OF THE STATE, OR FROM ANY OTHER PUBLIC OR PRIVATE SOURCE TO COMPLY, SUBJECT TO THE PROVISIONS OF THIS ARTICLE, WITH THE TERMS AND CONDITIONS THEREOF, SUBJECT TO THE APPROVAL OF THE DIVISION OF BUDGET. NOTWITHSTANDING THE PROVISIONS OF SECTION ELEVEN OF THE STATE FINANCE LAW, THE TASK FORCE MAY ACCEPT GIFTS, GRANTS, DEVISES AND BEQUESTS, WHETHER CONDITIONAL OR UNCONDI- TIONAL WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET; (C) HOLD PUBLIC HEARINGS; AND (D) ESTABLISH AN UPSTATE FLOOD MITIGATION GRANT PROGRAM TO BE ADMINISTERED BY THE CANAL CORPORATION AND BASED ON THE TASK FORCE'S EVALUATION WHICH UTILIZES EXISTING AVAILABLE FEDERAL AND STATE MONIES TO FUND GRANTS WITHIN THE UPSTATE FLOOD MITIGATION REGION TO PREVENT AND MITIGATE FLOOD DAMAGE WITHIN THE REGION. 4. ALL EXECUTIVE DEPARTMENTS OF THE STATE AND THE CANAL CORPORATION SHALL PROVIDE THE TASK FORCE WITH SUCH FACILITIES, ASSISTANCE AND DATA AS WILL ENABLE THE TASK FORCE TO CARRY OUT ITS POWERS AND DUTIES. ADDI- TIONALLY, ALL OTHER AGENCIES OF THE STATE OR SUBDIVISIONS THEREOF SHALL, AT THE REQUEST OF THE CHAIR, PROVIDE THE TASK FORCE WITH SUCH FACILI- TIES, ASSISTANCE, AND DATA AS WILL ENABLE THE TASK FORCE TO CARRY OUT ITS POWERS AND DUTIES. S 139-D. UPSTATE FLOOD MITIGATION GRANT PROGRAM. 1. THE TASK FORCE SHALL ESTABLISH AN UPSTATE FLOOD MITIGATION GRANT PROGRAM TO BE ADMINIS- TERED BY THE CANAL CORPORATION BASED ON THE TASK FORCE'S IN-DEPTH EXAM- INATION OF FLOOD CONTROL STUDY SECTORS AND ISSUES RELATED TO FLOODPLAIN MANAGEMENT, DEBRIS MANAGEMENT, FLOOD CONTROL AND FLOOD MITIGATION IN THE UPSTATE FLOOD MITIGATION REGION. 2. THE TASK FORCE SHALL ESTABLISH THE UPSTATE FLOOD MITIGATION GRANT PROGRAM STRUCTURE THAT SHALL BE ADMINISTERED BY THE CANAL CORPORATION. SUCH PROGRAM STRUCTURE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE DEFI- NITION OF ELIGIBLE RECIPIENTS, PROJECT APPLICATION PROCESS, PROGRAM MAXIMUM PROJECT AWARD AMOUNTS, PROJECT COST SHARING PARAMETERS AND PROGRAM FUNDING CYCLES. IT IS FURTHER PROVIDED, HOWEVER, THAT THE FIRST FUNDING CYCLE UNDER THIS PROGRAM SHALL BE AVAILABLE FOR AWARD TO GRANT RECIPIENTS DURING THE TWO THOUSAND FOURTEEN-FIFTEEN STATE FISCAL YEAR. S 2. The state finance law is amended by adding a new section 99-v to read as follows: S 99-V. UPSTATE FLOOD MITIGATION FUND. 1. THERE IS HEREBY CREATED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER A FUND TO BE KNOWN AS THE "UPSTATE FLOOD MITIGATION FUND". 2. THE UPSTATE FLOOD MITIGATION FUND SHALL CONSIST OF MONIES TRANS- FERRED ANNUALLY BY THE DIRECTOR OF THE BUDGET FROM EXISTING AVAILABLES. 6345 4
FEDERAL AND STATE FUNDS PURSUANT TO A FIVE-YEAR SCHEDULE ESTABLISHED WITHIN THE TWO THOUSAND FOURTEEN-FIFTEEN EXECUTIVE BUDGET. 3. MONEYS IN THE FUND SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER. ALL DEPOSITS OF SUCH MONEY SHALL, IF REQUIRED BY THE COMPTROLLER, BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE STATE OF MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF THE DEPOSIT AND ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITIES FOR DEPOSIT. 4. MONEYS OF THE FUND SHALL BE AVAILABLE FOR THE FINANCING OF GRANTS MADE UNDER THE UPSTATE FLOOD MITIGATION PROGRAM AS ESTABLISHED IN SECTION ONE HUNDRED THIRTY-NINE-D OF THE CANAL LAW. S 3. 1. The appointment of upstate flood mitigation task force members shall be completed within one month of the effective date of this act. 2. The task force shall complete the duties required under sections 139-c and 139-d of the canal law, within six months of the appointment of task force members. S 4. This act shall take effect immediately; provided that sections 139, 139-b and 139-c of the canal law, as added by section one of this act, shall expire and be deemed repealed on March 31, 2015.