This bill has been amended

Bill S6617A-2013

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

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

Details

Actions

  • May 19, 2014: ADVANCED TO THIRD READING
  • May 14, 2014: 2ND REPORT CAL.
  • May 13, 2014: 1ST REPORT CAL.623
  • May 7, 2014: PRINT NUMBER 617A
  • May 7, 2014: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • Feb 14, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - May 13, 2014
Ayes (11): Grisanti, Avella, LaValle, Marcellino, Maziarz, Young, O'Brien, Espaillat, Serrano, Latimer, Tkaczyk
Ayes W/R (2): Little, O'Mara

Memo

BILL NUMBER:S6617A

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 OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure that state monies and permits include consideration of the effects of climate risk and extreme weather events.

SUMMARY OF SPECIFIC PROVISIONS: This bill would establish the "Community Risk and Resiliency Act" that would:

* require consideration of climate risk including sea level rise, storm surges and flooding, based on available data predicting the likelihood of future extreme weather events in the following:

o State Smart Growth Infrastructure Policy Act;

o Water Pollution and Drinking Water Revolving funds

o Environmental Protection Fund (including municipal landfill gas management projects, municipal parks, local waterfront revitalization programs, coastal rehabilitation projects, and farmland protection);

o major permits issued pursuant to the Uniform Procedures Act;

* require the Department of State (DOS), in consultation with the Department of Environmental Conservation (DEC) to prepare model local laws concerning climate risk including sea level rise, storm surges and flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable and to make such model laws available to municipalities;

* require DEC and DOS to develop additional guidance on the use of resiliency measures that utilize natural resources and natural processes to reduce risk; and,

* require DEC, no later than January 1, 2016 to adopt regulations establishing science-based state sea level rise projections.

JUSTIFICATION: Extreme weather events and climate changes are becoming more common. According to the National Oceanic and Atmospheric Administration, March marked the 349th consecutive month with above-av- erage temperatures. This means that people 28 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. 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 to encourage 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. The same is true for programs funded by the Environmental Protection Fund such as the Local Waterfront Revitalization Program. It is appropriate and necessary for climate risk to be an eligible component of funding and permitting and also for applicants to demonstrate that they have considered climate change and extreme weather impacts on their proposed projects.

PRIOR LEGISLATIVE HISTORY: 2014 - new bill in the Senate. Similar bill in prior sessions.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: 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 ________________________________________________________________________ 6617--A IN SENATE February 14, 2014 ___________
Introduced by Sens. SAVINO, HOYLMAN, LANZA, LATIMER, TKACZYK -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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. This act shall be known as and may be cited as the "commu- nity risk and resiliency act". S 2. 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 RISK INCLUDING SEA LEVEL RISE, STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE. S 3. 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 DESIGN AND CONSTRUCTION CONSIDER FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE, STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE. S 4. 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 cited 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, STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICA- BLE. S 5. 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, STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICT- ING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE. S 6. 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 FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE, STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUD- ING HAZARD RISK ANALYSIS DATA IF APPLICABLE. S 7. 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, STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKE- LIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE, HAS BEEN CONSIDERED AND THE MUNICIPALITY is finan- cially 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 8. 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, STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICA- BLE, HAS BEEN CONSIDERED, shall have been submitted. S 9. 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, STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE, HAS BEEN CONSIDERED. S 10. 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, STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE, HAS BEEN CONSIDERED. S 11. 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, STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKE- LIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE, HAS BEEN CONSIDERED. S 12. Subdivision 2 of section 325 of the agriculture and markets law is amended by adding a new paragraph (f) to read as follows: (F) IN EVALUATING APPLICATIONS FOR FUNDING, THE COMMISSIONER SHALL CONSIDER WHETHER FUTURE CLIMATE RISK INCLUDING SEA LEVEL RISE, STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE, HAS BEEN CONSIDERED. S 13. 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, STORM SURGES AND FLOODING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE; and [(v)] (VI) compliance with state and federal law, rules and regulations. S 14. 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, storm surges and flooding, based on available data predicting the likelihood of future extreme weather events including hazard risk analysis and shall make such laws available to municipalities. S 15. 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, storm surges and flooding, based on available data predicting the like- lihood of future extreme weather events, including hazard risk analysis data if applicable, has been considered. S 16. The department of environmental conservation, in consultation with the department of state, shall prepare guidance on the implementa- tion of this act, including but not limited to available and relevant data sets and risk analysis tools. In addition, the department of envi- ronmental conservation and the department of state shall develop addi- tional guidance on the use of resiliency measures that utilize natural resources and natural processes to reduce risk. S 17. The environmental conservation law is amended by adding a new article 58 to read as follows: ARTICLE 58 SEA LEVEL RISE PROJECTIONS SECTION 58-0101. SEA LEVEL RISE PROJECTIONS. S 58-0101. SEA LEVEL RISE PROJECTIONS. THE DEPARTMENT SHALL, NO LATER THAN JANUARY FIRST, TWO THOUSAND SIXTEEN, ADOPT REGULATIONS ESTABLISHING SCIENCE-BASED STATE SEA LEVEL RISE PROJECTIONS. IN ADOPTING SUCH REGULATIONS, THE DEPARTMENT SHALL CONSIDER INFORMATION INCLUDING, BUT NOT LIMITED TO, THE NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION, AND THE SEA LEVEL RISE TASK FORCE REPORT CREATED PURSUANT TO CHAPTER SIX HUNDRED THIRTEEN OF THE LAWS OF TWO THOUSAND SEVEN. THE DEPARTMENT SHALL UPDATE SUCH REGULATIONS NO LESS THAN BIENNIALLY. S 18. 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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