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

                                  7140

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2015
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Environmental Conservation

AN  ACT  to amend the executive law, in relation to coastal risk manage-
  ment zones; to amend the environmental conservation law,  in  relation
  to  the  assessment  and  protection  of  coastlines  against  coastal
  hazards; and to amend the village law, the town law, the general  city
  law and the public service law, in relation to coastal protection

  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 "Coastal Risk Management Zone Protection Act."
  S  2.  Legislative  findings  and intent. The legislature hereby finds
that sea level rise and coastal flooding from storm  surge  are  already
affecting  and  will  increasingly  affect  New  York's entire ocean and
estuarine coastline.
  The legislature also finds that coastal  areas  in  New  York  are  of
tremendous  economic  and  social  importance  to  the state, that large
numbers of residences and businesses are located  along  the  shoreline,
with each shoreline area constituting a unique and essential part of the
character  of  New York, and that shoreline areas are diverse and inter-
connected and share New York's rich  agriculture,  commercial,  economic
and  environmental  history  and resources. The likelihood that powerful
storms will hit New York State's coastline is very high, as is the asso-
ciated threat to human life and coastal infrastructure. This vulnerabil-
ity will increase in area and magnitude over time.
  The legislature further finds that natural shoreline features, such as
wetlands, aquatic  vegetation,  dunes  and  barrier  beaches,  currently
provide large-scale services, such as flood protection, storm buffering,
fisheries  habitat,  recreational  facilities  and  water filtration, at
almost no cost. These  services  would  be  prohibitively  expensive  to
replicate  with human-built systems. New York is losing tidal marshes at

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10593-01-5
              

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a rapid pace and with them the natural infrastructure that protects  the
shore  from  floods, wave attack and erosion. Sea level rise and coastal
hazards will cause all shoreline ecosystems to  become  more  frequently
inundated. Low-lying locations will become permanently submerged.  Habi-
tats  and  the  species  associated with them may migrate landward; this
migration, however, will be impeded by the  density  of  development  on
much  of  the  state's  shoreline  and  the widespread hardening of that
shoreline.
  The legislature also finds that current investment and land-use  plan-
ning  practices by both New York state and local governments are encour-
aging development in areas at high risk of coastal flooding and erosion.
  The legislature further finds that existing maps of New  York  state's
coast that identify communities, habitats and infrastructure at greatest
risk  of  flooding and erosion, including those of the Federal Emergency
Management Agency, are inaccurate, out of date, not detailed enough  for
planning  and  regulatory  purposes and fail to incorporate historic and
projected sea level rise.
  The legislature finds that there are low-cost,  high-benefit  actions,
including  those  recommended  in  the  report by the New York state Sea
Level Rise Task Force, commissioned by the New York  state  legislature,
that  can  be  taken  now to reduce vulnerability along New York state's
coastline.
  Therefore, the legislature finds that the purpose of this  act  is  to
provide  guidance  and  to encourage public and private interests to act
collectively to: integrate and coordinate existing  efforts  to  address
sea level rise and coastal hazards; identify and make recommendations to
mitigate harms from sea level rise and coastal hazards; make recommenda-
tions  on  methods  to  protect the value of existing public and private
investment that has already been made in vulnerable coastal regions; and
provide direction for state and local governments to  protect,  preserve
and  properly manage the unique challenges of sea level rise and coastal
hazards along New York state's coastline for the benefit of existing and
future generations.
  S 3. Section 911 of the executive law is amended by adding  three  new
subdivisions 8, 9 and 10 to read as follows:
  8.  "SEA  LEVEL RISE" MEANS THE MEAN INCREASE IN SEA LEVEL RELATIVE TO
SHORELINE, CALCULATED YEARLY, WITHIN A DEFINED AREA.
  9. "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT  RISK  OF
COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
COASTAL  FLOODING  DUE  TO  PROJECTED  SEA LEVEL RISE AND FUTURE STORMS.
COASTAL RISK MANAGEMENT ZONES WILL BE IDENTIFIED  BY  THE  SECRETARY  OF
STATE  ACCORDING TO THE PURPOSES AND POLICIES IDENTIFIED IN SECTION NINE
HUNDRED FOURTEEN-A OF THIS ARTICLE, AND ARE AS SHOWN ON THE COASTAL RISK
MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF  STATE  AS
REQUIRED IN SECTION NINE HUNDRED FOURTEEN-A OF THIS ARTICLE.
  10.  "COASTAL  HAZARDS" MEANS THE RANGE OF ENVIRONMENTAL PROCESSES AND
EVENTS THAT MAY AFFECT COASTLINES OR HUMAN ACTIVITY NEAR COASTLINES, AND
IT INCLUDES BUT IS NOT LIMITED TO SEA LEVEL  RISE,  RISING  GROUNDWATER,
COASTAL FLOODING, STORM SURGE, COASTAL STORMS, OR SALTWATER INTRUSION.
  S  4.  Section  912  of  the  executive law is amended by adding a new
subdivision 17 to read as follows:
  17. TO FACILITATE ADAPTATION TO SEA LEVEL RISE AT THE STATE AND  LOCAL
LEVEL, PARTICULARLY WITHIN COASTAL AREAS.
  S  5.  The  executive  law is amended by adding a new section 914-a to
read as follows:

A. 7140                             3

  S 914-A. COASTAL RISK MANAGEMENT ZONES. 1. THE COASTAL RISK MANAGEMENT
ZONE IS HEREBY ADOPTED AS PART OF THIS ARTICLE AS THOUGH FULLY  INCORPO-
RATED  HEREIN.  SUCH  ZONES  DELINEATE THE AREA WITHIN WHICH THE COASTAL
RISK MANAGEMENT POLICIES AND PURPOSES SHALL APPLY.
  2. THE COASTAL RISK MANAGEMENT ZONE SHALL INCLUDE, AT A MINIMUM, THOSE
AREAS  DESIGNATED  BY  THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO
INCLUDE COASTAL HIGH-HAZARD AREAS AS IDENTIFIED BY FEMA AND  DEFINED  BY
SECTION  9.4,  CHAPTER  ONE,  IN  TITLE  44 OF THE CODE OF FEDERAL REGU-
LATIONS, AS SUCH DESIGNATIONS ARE AMENDED FROM TIME  TO  TIME;  HOWEVER,
NOTHING IN THIS SECTION LIMITS THE COASTAL RISK MANAGEMENT ZONE TO AREAS
SO DESIGNATED.
  3.  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL IDENTIFY WITHIN
THE COASTAL RISK MANAGEMENT ZONE:
  (A) COASTAL AREAS AT GREATEST RISK FROM SEA LEVEL RISE,
  (B) AREAS AT RISK FROM STORM SURGE WITH CURRENT SEA LEVELS, AND
  (C) AREAS THAT ARE LIKELY TO BE AT RISK FROM STORM SURGE  DUE  TO  SEA
LEVEL RISE IN THE FUTURE THROUGH YEAR TWO THOUSAND ONE HUNDRED.
  A  REPRESENTATION  OF  THESE AREAS OF RISK, ALONG WITH THE METHODOLOGY
AND CRITERIA FOR ASSIGNING GIVEN LEVELS OF RISK, SHALL BE MADE AVAILABLE
TO LOCAL GOVERNMENTS AND THE PUBLIC.
  4. A REPRESENTATION OF THE COASTAL RISK MANAGEMENT ZONES SHALL  BE  ON
FILE  IN  THE  OFFICE  OF THE SECRETARY OF STATE. THE SECRETARY OF STATE
SHALL FILE WITH THE CLERK OF EACH COUNTY AND LOCAL GOVERNMENT WHICH  HAS
ANY PORTION OF ITS JURISDICTION WITHIN THE ZONE, A COPY OF THE REPRESEN-
TATION  OF SUCH AFFECTED PORTION OF THE ZONE AND A COPY OF THE REPRESEN-
TATION OF THE ZONE OF THE AFFECTED PORTION OF ANY ADJACENT MUNICIPALITY.
THE SECRETARY OF STATE SHALL PROVIDE A COPY OF THE REPRESENTATION OF THE
COASTAL RISK MANAGEMENT ZONE TO EACH STATE  AGENCY  HAVING  JURISDICTION
OVER PROGRAMS IDENTIFIED PURSUANT TO THIS ARTICLE AND THE REPRESENTATION
OF  THE  COASTAL  RISK  MANAGEMENT  ZONES SHALL BE MADE AVAILABLE TO THE
PUBLIC ON A GOVERNMENT WEBSITE. THE  SECRETARY  OF  STATE,  ON  ITS  OWN
INITIATIVE OR ON PETITION SUBMITTED FROM ANY PERSON, MAY AMEND THE COAS-
TAL  RISK  MANAGEMENT ZONE TO CORRECT ERRORS, REFLECT NEW INFORMATION OR
EVENTS, OR MAKE CHANGES THAT ARE IN  FURTHERANCE  OF  THE  POLICIES  AND
PURPOSES OF THIS ARTICLE. ALL SUCH CHANGES SHALL BE FILED WITH THE CLERK
OF EACH COUNTY AND LOCAL GOVERNMENT AFFECTED THEREBY.
  S  6.  The  executive  law is amended by adding a new section 915-a to
read as follows:
  S 915-A. COASTAL RESILIENCE PLANS. 1. IT  IS  THE  INTENTION  OF  THIS
ARTICLE TO OFFER THE FULLEST POSSIBLE SUPPORT BY THE STATE AND ITS AGEN-
CIES  TO THOSE LOCAL GOVERNMENTS THAT DESIRE TO PROTECT THEIR COASTLINES
FROM COASTAL HAZARDS. ACCORDINGLY, ANY LOCAL GOVERNMENT OR TWO  OR  MORE
LOCAL  GOVERNMENTS ACTING JOINTLY WHICH HAS ANY PORTION OF ITS JURISDIC-
TION WITHIN THE COASTAL  RISK  MANAGEMENT  ZONE  AND  WHICH  DESIRES  TO
PARTICIPATE  MAY  SUBMIT  A  COASTAL RESILIENCE PLAN TO THE SECRETARY OF
STATE AS HEREIN PROVIDED.
  2. THE SECRETARY OF STATE MAY PROVIDE TECHNICAL AND FINANCIAL  ASSIST-
ANCE  AS  PROVIDED  IN  SECTIONS NINE HUNDRED SEVENTEEN AND NINE HUNDRED
EIGHTEEN OF THIS ARTICLE TO ANY LOCAL GOVERNMENT FOR THE PREPARATION  OF
A WATERFRONT REVITALIZATION PROGRAM FOR THE PURPOSES OF THIS ARTICLE.
  3.  A LOCAL GOVERNMENT OR TWO OR MORE LOCAL GOVERNMENTS ACTING JOINTLY
WHICH INTENDS TO SUBMIT A COASTAL RESILIENCE PLAN FOR  THE  PURPOSES  OF
THIS  ARTICLE IS STRONGLY ENCOURAGED TO CONSULT, DURING ITS PREPARATION,
WITH OTHER ENTITIES THAT MAY BE AFFECTED BY ITS PROGRAM, INCLUDING LOCAL
GOVERNMENTS, COUNTY AND REGIONAL AGENCIES, APPROPRIATE PORT AUTHORITIES,
COMMUNITY BASED GROUPS AND STATE AND FEDERAL AGENCIES. ON REQUEST BY THE

A. 7140                             4

LOCAL GOVERNMENT, THE SECRETARY OF STATE SHALL TAKE  APPROPRIATE  ACTION
TO FACILITATE SUCH CONSULTATION.
  4.  THE SECRETARY OF STATE SHALL PREPARE AND DISTRIBUTE GUIDELINES AND
REGULATIONS FOR LOCAL GOVERNMENTS DESIRING TO PREPARE, OR  CAUSE  TO  BE
PREPARED,  A  COASTAL  RESILIENCE  PLAN  (HEREINAFTER REFERRED TO AS THE
"PLAN"). SUCH GUIDELINES SHALL PROVIDE THAT THE PLAN WILL BE  CONSISTENT
WITH  THE  POLICIES  AND  PURPOSES  OF THIS ARTICLE GENERALLY, AND SHALL
PROMOTE PLANS THAT IDENTIFY NON-STRUCTURAL  ALTERNATIVES  TO  STRUCTURAL
MEASURES  TO  REDUCE  VULNERABILITY  IN THE COASTAL RISK MANAGEMENT ZONE
WHEREVER USE OF NON-STRUCTURAL  MEASURES  IS  FEASIBLE;  IDENTIFY  AREAS
WHERE  STRUCTURAL  PROTECTION  IS  NEEDED  TO PROTECT SIGNIFICANT PUBLIC
INVESTMENT, WATER DEPENDENT USES  AND/OR  CRITICAL  INFRASTRUCTURE;  AND
IDENTIFY   OPPORTUNITIES   TO   FURTHER   REDUCE  VULNERABILITY  THROUGH
NON-STRUCTURAL MEASURES IN THE RECOVERY AND RESTORATION PROCESS  FOLLOW-
ING HIGH-INTENSITY COASTAL STORMS.
  5.  THE  SECRETARY  OF  STATE OR HIS OR HER DESIGNEE SHALL APPROVE ANY
LOCAL GOVERNMENT COASTAL RESILIENCE PLAN AS ELIGIBLE  FOR  THE  BENEFITS
SET  FORTH  IN SECTION NINE HUNDRED SIXTEEN OF THIS ARTICLE IF HE OR SHE
FINDS THAT SUCH PROGRAM WILL BE CONSISTENT WITH COASTAL RISK  MANAGEMENT
POLICIES  AND WILL ACHIEVE THE COASTAL RESILIENCE PURPOSES OF THIS ARTI-
CLE.
  6. BEFORE APPROVING ANY SUCH COASTAL RESILIENCE PLAN,  OR  ANY  AMEND-
MENTS  THERETO, AS ELIGIBLE FOR THE BENEFITS OF THIS ARTICLE, THE SECRE-
TARY OF STATE SHALL CONSULT WITH POTENTIALLY AFFECTED STATE AND  FEDERAL
AGENCIES;  THE  SECRETARY OF STATE SHALL NOT APPROVE ANY SUCH PLAN IF HE
OR SHE FINDS AFTER SUCH CONSULTATION THAT THERE IS A CONFLICT  WITH  ANY
STATE OR FEDERAL POLICIES.
  7.  WHERE  THERE  IS A CONFLICT BETWEEN A SUBMITTED COASTAL RESILIENCE
PLAN AND ANY STATE OR FEDERAL  POLICY,  AT  THE  REQUEST  OF  THE  LOCAL
GOVERNMENT  OR  THE  STATE  OR FEDERAL AGENCY AFFECTED, THE SECRETARY OF
STATE SHALL ATTEMPT TO RECONCILE AND RESOLVE THE DIFFERENCES BETWEEN THE
SUBMITTED PLAN AND SUCH POLICIES AND SHALL MEET WITH THE  LOCAL  GOVERN-
MENT AND INVOLVED STATE AND FEDERAL AGENCIES TO THIS END.
  8. SUBSEQUENT TO APPROVAL OF THE LOCAL PLAN BY THE SECRETARY OF STATE,
STATE AGENCY ACTIONS SHALL BE CONSISTENT TO THE MAXIMUM EXTENT PRACTICA-
BLE  WITH  THE  LOCAL  PROGRAM.  PROVIDED, HOWEVER, THAT NOTHING IN THIS
ARTICLE SHALL BE CONSTRUED TO AUTHORIZE OR REQUIRE THE ISSUANCE  OF  ANY
PERMIT, LICENSE, CERTIFICATION, OR OTHER APPROVAL OR THE APPROVAL OF ANY
GRANT,  LOAN  OR  OTHER  FUNDING ASSISTANCE WHICH IS DENIED BY THE STATE
AGENCY HAVING JURISDICTION, PURSUANT TO OTHER PROVISIONS OF LAW OR WHICH
IS CONDITIONED BY SUCH AGENCY PURSUANT TO OTHER PROVISIONS OF LAW  UNTIL
SUCH CONDITIONS ARE MET.
  WHERE IMPLEMENTATION OF AN APPROVED LOCAL PLAN DEPENDS UPON THE AVAIL-
ABILITY  OF OTHER THAN LOCAL FUNDS AND PROGRAM ACTIONS, THE SECRETARY OF
STATE SHALL MEET WITH THE INVOLVED STATE AND FEDERAL AGENCIES TO EXPLORE
THE POSSIBILITY OF PROGRAMMING OF SUCH ASSISTANCE IN A MANNER THAT WOULD
PROVIDE THE MAXIMUM PRACTICABLE ASSISTANCE TOWARD THE IMPLEMENTATION  OF
THE LOCAL PLAN.
  9.  BEFORE  UNDERTAKING  ANY ACTION PURSUANT TO ANY PLANS THE AFFECTED
STATE AGENCY SHALL SUBMIT, THROUGH APPROPRIATE EXISTING  CLEARING  HOUSE
PROCEDURES  INCLUDING BUT NOT LIMITED TO THE STATE ENVIRONMENTAL QUALITY
REVIEW LAW, INFORMATION ON THE PROPOSED ACTION TO LOCAL GOVERNMENT.  THE
LOCAL  GOVERNMENT  SHALL  IDENTIFY POTENTIAL CONFLICTS AND SO NOTIFY THE
SECRETARY OF STATE.  UPON NOTIFICATION OF THE CONFLICT, THE SECRETARY OF
STATE WILL CONFER WITH THE AFFECTED STATE AGENCY AND THE  LOCAL  GOVERN-
MENT TO MODIFY THE PROPOSED ACTION TO BE CONSISTENT WITH THE LOCAL PLAN.

A. 7140                             5

  10.  ANY  LOCAL  GOVERNMENT  WHICH  HAS  HAD A COASTAL RESILIENCE PLAN
APPROVED PURSUANT TO THIS SECTION MAY WITHDRAW ITS PROGRAM AT  ANY  TIME
BY  FILING  WITH  THE  SECRETARY  OF STATE A COPY OF A RESOLUTION OF ITS
LEGISLATIVE BODY PROVIDING FOR SUCH WITHDRAWAL.  UPON  RECEIPT  OF  SUCH
RESOLUTION, THE SECRETARY OF STATE SHALL IMMEDIATELY NOTIFY ALL AFFECTED
STATE AGENCIES.
  S  7. Subdivision 7 of section 964-b of the executive law, as added by
chapter 556 of the laws of 1993, is amended to read as follows:
  7. To adopt a comprehensive management plan for the Long Island  South
Shore  Estuary  Reserve which the state and local governments may imple-
ment. Estuary segmentation or partitioning of the estuary  into  spatial
units  may  be  necessary  at  times for summarizing data for geographic
areas, for the development of certain scientific models, or for  interim
management  measures. The council shall prioritize problems and opportu-
nities within the estuary based upon use impairments,  resource  manage-
ment  needs  and  areas  experiencing intense recreational use. THE PLAN
SHALL CONSIDER METHODS OF ADAPTATION TO SEA LEVEL RISE AND OTHER COASTAL
PROCESSES, BASED ON GUIDANCE DEVELOPED BY THE DEPARTMENT  OF  STATE  AND
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND SHALL DEVELOP REGIONAL
POLICIES TO GUIDE ADAPTATION BY COMMUNITIES WITHIN THE RESERVE;
  S  8.  The  opening  paragraph  of subdivision 1 of section 966 of the
executive law, as added by chapter 556 of the laws of 1993,  is  amended
to read as follows:
  The  purpose  of  the plan is to make recommendations to integrate and
coordinate existing programs and studies;  mitigate  pollution;  balance
preservation,  recreation  and economic development; protect appropriate
existing investment;  FACILITATE  ADAPTATION  TO  COASTAL  HAZARDS;  and
protect the natural resources. The plan shall include but not be limited
to   the  following,  to  the  extent  possible,  considering  financial
resources and technological limitations:
  S 9. Section 8-0105 of the environmental conservation law  is  amended
by adding a new subdivision 9 to read as follows:
  9.  "COASTAL  RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF
COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE  STORMS,  AS
DEFINED  IN  SECTION  NINE  HUNDRED ELEVEN OF THE EXECUTIVE LAW. COASTAL
RISK MANAGEMENT ZONES WILL BE  IDENTIFIED  BY  THE  SECRETARY  OF  STATE
ACCORDING  TO  THE  PURPOSES  AND  POLICIES  IDENTIFIED  IN SECTION NINE
HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW AND ARE AS SHOWN ON THE  COASTAL
RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
AS REQUIRED BY THE SAME ARTICLE.
  S  10.  Subdivision 2 of section 8-0109 of the environmental conserva-
tion law is amended by adding a new paragraph (k) to read as follows:
  (K) REASONABLY FORESEEABLE IMPACTS ON OR FROM THE PROPOSED PROJECT  OR
ACTION  BASED ON THE RISK OF COASTAL HAZARDS, AS DEFINED IN SECTION NINE
HUNDRED ELEVEN OF THE EXECUTIVE LAW,  THROUGHOUT  THE  LIFETIME  OF  THE
ACTIVITIES  OR  THE PHYSICAL EXISTENCE OF ANY STRUCTURE OR FACILITY THAT
IS CREATED OR MODIFIED IN CONNECTION WITH THE ACTION,  IF  SUCH  PROJECT
WILL BE LOCATED WITHIN THE COASTAL RISK MANAGEMENT ZONE.
  S  11.  Subdivision 2 of section 8-0113 of the environmental conserva-
tion law, as added by chapter 612 of the laws of 1975, paragraph (b)  as
amended  and paragraphs (j), (k), and (l) as added by chapter 252 of the
laws of 1977, paragraph (f) as amended by chapter 641  of  the  laws  of
2005, is amended to read as follows:
  2.  The rules and regulations adopted by the commissioner specifically
shall include:

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  (a) Definition of terms used in this article;
  (b) Criteria for determining whether or not a proposed action may have
a  significant effect on the environment, taking into account social and
economic factors to be considered in determining the significance of  an
environmental  effect.  THE  CRITERIA FOR DETERMINING SIGNIFICANCE SHALL
INCORPORATE THE POTENTIALLY SIGNIFICANT ADVERSE IMPACTS RELATED TO COAS-
TAL HAZARDS IN THE DETERMINATION PROCESS AND GIVE SUFFICIENT  WEIGHT  TO
THE IMPORTANCE OF COASTAL RESILIENCE IN THE REVIEW PROCESS;
  (c) Identification on the basis of such criteria of:
  (i)  Actions or classes of actions that are likely to require prepara-
tion of environmental impact statements;
  (ii) Actions or classes of actions which have been determined  not  to
have  a  significant  effect on the environment and which do not require
environmental impact statements under  this  article.  In  adopting  the
rules  and  regulations, the commissioner shall make a finding that each
action or class of actions identified does not have a significant effect
on the environment;
  (III) AREAS IN WHICH THE ENVIRONMENTAL IMPACT REVIEW PROCESS IS LIKELY
TO REQUIRE ADDITIONAL CONSIDERATIONS OF THE IMPACT FROM AS  WELL  AS  TO
ENVIRONMENTAL CONDITIONS, TO INCLUDE COASTAL RISK MANAGEMENT ZONES;
  (d)  Typical associated environmental effects, and methods for assess-
ing such effects, of actions determined to be likely to require prepara-
tion of environmental impact statements;
  (e) Categorization of actions which are or may be primarily of  state-
wide,  regional, or local concern, with provisions for technical assist-
ance including the preparation or review of environmental impact  state-
ments,  if  requested, in connection with environmental impact review by
local agencies.
  (f) Provision for the filing and circulation  of  draft  environmental
impact statements pursuant to subdivision four of section 8-0109 OF THIS
ARTICLE, and environmental impact statements pursuant to subdivision six
of  section  8-0109 OF THIS ARTICLE, including, in addition to any other
circulation and public availability requirements, making such statements
available free of charge to the public and government  agencies  on  the
publicly-available   Internet  website,  unless  impracticable.  Printed
filings and public notices shall clearly indicate  the  address  of  the
website at which such filing is posted;
  (g) Scope, content, filing and availability of findings required to be
made pursuant to subdivision eight of section 8-0109 OF THIS ARTICLE;
  (h)  Form  and content of and level of detail required for an environ-
mental impact statement, TO INCLUDE A SECTION REQUIRING AN EVALUATION OF
IMPACTS FROM OR TO THE PROPOSED ACTION BASED ON COASTAL HAZARDS OVER THE
LIFE OF THE PROJECT, STRUCTURE, OR FACILITY; and
  (i) Procedures for obtaining comments on  draft  environmental  impact
statements,  holding  hearings,  providing public notice of agency deci-
sions with respect to preparation of a  draft  environmental  statement;
and  for such other matters as may be needed to assure effective partic-
ipation by the public and efficient and  expeditious  administration  of
the article.
  (j) Procedure for providing applicants with estimates, when requested,
of  the  costs expected to be charged them pursuant to subdivision seven
of section 8-0109 of this article.
  (k) Appeals procedure for the settlement of disputed costs charged  by
state  agencies  to  applicants pursuant to subdivision seven of section
8-0109 of this article. Such appeal procedure  shall  not  interfere  or

A. 7140                             7

cause  delay  in  the  determination  of  environmental  significance or
prohibit an action from being undertaken.
  (l)  A  model  assessment form to be used during the initial review to
assist an agency in its responsibilities under this article.
  S 12. Section 8-0113 of the environmental conservation law is  amended
by adding a new subdivision 5 to read as follows:
  5.  AGENCY  ACTIONS LOCATED WITHIN COASTAL RISK MANAGEMENT ZONES SHALL
RECEIVE PARTICULAR CONSIDERATION TO DETERMINE THE SIGNIFICANCE OF  THEIR
POTENTIAL IMPACT ON THE ENVIRONMENT. ENVIRONMENTAL IMPACT STATEMENTS FOR
ACTIONS  PLANNED  WITHIN COASTAL RISK MANAGEMENT ZONES SHALL BE REQUIRED
TO EVALUATE THE IMPACTS  TO  AND  FROM  COASTAL  HAZARDS  REGARDING  THE
ACTION.  THE  VULNERABILITY OF THE PROJECT TO COASTAL HAZARDS AND AVAIL-
ABLE RESILIENCE EFFORTS SHALL BE EVALUATED.
  S 13. Subdivision 1 of section 24-0301 of the environmental  conserva-
tion  law,  as amended by section 37 of part D of chapter 60 of the laws
of 2012, is amended to read as follows:
  1. The commissioner shall, as soon as practicable, conduct a study  to
identify  and  map  those individual freshwater wetlands in the state of
New York which shall have an area of at  least  twelve  and  four-tenths
acres  or  more, or if less than twelve and four-tenths acres, (a) have,
in the discretion of the commissioner unusual local importance  for  one
or  more  of  the  specific  benefits  set forth in subdivision seven of
section 24-0105 of this article OR FOR THEIR PRESENCE IN A COASTAL  RISK
MANAGEMENT  ZONE  or (b) are located within the Adirondack park and meet
the definition of  wetlands  contained  in  subdivision  sixty-eight  of
section  eight  hundred  two  of  the executive law, and shall determine
their characteristics. This study shall, in addition to such other  data
as  the commissioner may determine to be included, consist of the fresh-
water wetlands inventory of the department  of  environmental  conserva-
tion, currently being made, together with other available data on fresh-
water  wetlands,  whether  assisted  by  the state of New York under the
tidal wetlands act or  otherwise,  or  assembled  by  federal  or  local
governmental  or  private  agencies,  all  of which information shall be
assembled and integrated,  as  applicable,  into  a  map  of  freshwater
wetlands  of the state of New York. Such study may, in the discretion of
the commissioner, be carried out on a sectional or  regional  basis,  as
indicated by need, subject to overall completion in an expeditious fash-
ion  subject  to  the  terms  of  this chapter. This map, and any orders
issued pursuant to the provisions of this article, shall comprise a part
of the statewide environmental plan as provided for in section 3-0303 of
this chapter. As soon as practicable the commissioner  shall  file  with
the  secretary  of state a detailed description of the technical methods
and requirements to be utilized in compiling the inventory, and he shall
afford the public an opportunity to submit comments thereon.
  S 14. Section 25-0102 of the environmental conservation law, as  added
by chapter 790 of the laws of 1973, is amended to read as follows:
S 25-0102. Declaration of policy.
  It  is  declared to be the public policy of this state to preserve and
protect  tidal  wetlands,  and  to  prevent   their   despoliation   and
destruction,  giving  due  consideration  to  the  OCCURRENCE OF COASTAL
HAZARDS THAT WILL RESULT IN WETLANDS LOSS  AND  MIGRATION,  AND  TO  THE
reasonable economic and social development of the state.
  S 15. Section 25-0103 of the environmental conservation law is amended
by adding a new subdivision 6 to read as follows:
  6. "COASTAL RISK MANAGEMENT ZONE" SHALL MEAN AREAS AT SIGNIFICANT RISK
OF COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK

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OF  COASTAL  FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS,
AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW.  COASTAL
RISK MANAGEMENT ZONES WILL BE  IDENTIFIED  BY  THE  SECRETARY  OF  STATE
ACCORDING  TO  THE  PURPOSES  AND  POLICIES  IDENTIFIED  IN SECTION NINE
HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW AND ARE AS SHOWN ON THE  COASTAL
RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
AS REQUIRED BY SUCH ARTICLE.
  S 16. Section 27-0701 of the environmental conservation law is amended
by adding a new subdivision 5 to read as follows:
  5.  "COASTAL  RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF
COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE  STORMS,  AS
DEFINED  IN  SECTION  NINE  HUNDRED ELEVEN OF THE EXECUTIVE LAW. COASTAL
RISK MANAGEMENT ZONES WILL BE  IDENTIFIED  BY  THE  SECRETARY  OF  STATE
ACCORDING  TO  THE  PURPOSES  AND  POLICIES  IDENTIFIED  IN SECTION NINE
HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW AND ARE AS SHOWN ON THE  COASTAL
RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
AS REQUIRED BY THE SAME ARTICLE.
  S  17.  Subparagraph  4  of  paragraph  c  of subdivision 2 of section
27-0707 of the environmental conservation law, as amended by chapter  70
of  the  laws  of  1988, is amended and a new subparagraph 5 is added to
read as follows:
  (4) the applicant has received or will receive the written opinion  of
counsel to each [muncipality] MUNICIPALITY or public authority which has
entered  into  a  contract,  lease or rental agreement with the proposed
facility that such contract, lease or rental agreement is in  compliance
with  the  applicable  requirements  of  sections  one  hundred one, one
hundred three and one hundred twenty-w of the general municipal law.
  (5) IN CONNECTION WITH THE SITING AND DESIGN OF SOLID WASTE FACILITIES
LOCATED WITHIN, OR RELYING UPON INFRASTRUCTURE LOCATED WITHIN, THE COAS-
TAL RISK MANAGEMENT ZONE, APPLICANT HAS FULLY CONSIDERED THE IMPACTS  OF
COASTAL HAZARDS OVER THE LIFETIME OF THE PROJECT.
  S  18. Paragraph a of subdivision 3 of section 27-1313 of the environ-
mental conservation law, as amended by chapter 857 of the laws of  1982,
is amended to read as follows:
  a.  Whenever  the commissioner finds that hazardous wastes at an inac-
tive hazardous waste disposal site constitute a  significant  threat  to
the  environment,  he may order the owner of such site and/or any person
responsible for the disposal of hazardous wastes at  such  site  (i)  to
develop  an  inactive  hazardous  waste  disposal site remedial program,
subject to the approval of the department, at such  site,  and  (ii)  to
implement  such  program  within reasonable time limits specified in the
order. Provided, however, that in the event the commissioner  of  health
shall  issue an order pursuant to subdivision three of section one thou-
sand three hundred eighty-nine-b of the public health law, such order of
the commissioner of health shall supersede any order  issued  hereunder.
WHEN DETERMINING WHETHER HAZARDOUS WASTES AT AN INACTIVE HAZARDOUS WASTE
DISPOSAL  SITE  CONSTITUTE  A SIGNIFICANT THREAT, THE COMMISSIONER SHALL
CONSIDER PROJECTED EFFECTS OF COASTAL HAZARDS,  AS  DEFINED  IN  SECTION
NINE  HUNDRED  ELEVEN  OF  THE  EXECUTIVE  LAW,  AND THE EFFECT OF THESE
HAZARDS ON THE SAFETY AND INTEGRITY OF THE SITE.
  S 19. Paragraph (i) of subdivision 3 of section 27-1415 of  the  envi-
ronmental  conservation  law  is  amended  by  adding a new subparagraph
(xvii) to read as follows:

A. 7140                             9

  (XVII) PROJECTED CHANGES IN COASTAL HAZARDS,  AS  DEFINED  IN  SECTION
NINE  HUNDRED  ELEVEN  OF  THE  EXECUTIVE LAW, IN CLOSE PROXIMITY TO THE
SITE.
  S  20.  Subdivisions  1  and 4 of section 34-0101 of the environmental
conservation law, as added by chapter  841  of  the  laws  of  1981,  is
amended to read as follows:
  1.  Certain  sections  of  the  coastline of the state of New York are
prone to erosion from action of the adjacent water bodies. Such  erosion
may  be caused by the action of waves, currents running along the shore,
tides, wind-driven water and ice as well as  human  activities  such  as
construction  and  shipping. Such areas are also prone to erosion caused
by the wind, runoff of rain water along the  surface  of  the  land,  or
groundwater seepage as well as by human activities such as construction,
navigation and certain forms of recreation.  COASTAL HAZARDS, AS DEFINED
IN  SECTION  NINE  HUNDRED ELEVEN OF THE EXECUTIVE LAW, MAY INCREASE THE
SPEED OF SUCH EROSION OR EXACERBATE ITS EFFECTS.
  4. Programs  to  build  erosion  protective  structures,  either  with
private or public funds, are costly, often only partially effective over
time,  and  may even be harmful to adjacent or nearby properties, and in
some sections of the state major erosion protective structures of  great
length  would  be  required  to effectively reduce future damages due to
erosion.   IN ADDITION, COASTAL HAZARDS,  AS  DEFINED  IN  SECTION  NINE
HUNDRED ELEVEN OF THE EXECUTIVE LAW, OFTEN RENDER SUCH PROTECTIVE STRUC-
TURES INEFFECTIVE OR LESS EFFECTIVE THAN INTENDED.
  S  21. Subdivision 1 of section 34-0102 of the environmental conserva-
tion law, as added by chapter 841 of the laws of  1981,  is  amended  to
read as follows:
  1.  Those areas of the state's coastline most prone to erosion hazards
should be identified.  SUCH IDENTIFICATIONS SHALL BE MADE WITH CONSIDER-
ATION OF THE EFFECTS OF COASTAL HAZARDS ON  COASTLINE  VULNERABILITY  TO
EROSION.
  S  22. Subdivisions 2, 3 and 8 of section 34-0103 of the environmental
conservation law, as added by chapter 841  of  the  laws  of  1981,  are
amended to read as follows:
  2.  "Coastal  erosion" or "erosion" shall mean loss or displacement of
land along the coastline due to the action of  waves,  currents  running
along  the  shore,  tides, wind-driven water or water-borne ice or other
impacts of coastal storms. It shall also mean loss  or  displacement  of
land  along  the  coastline due to the action of wind, runoff of surface
waters, or groundwater seepage, AND LOSS OR DISPLACEMENT  OF  SUCH  LAND
DUE TO COASTAL HAZARDS, AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE
EXECUTIVE LAW.
  3.  "Coastal  erosion hazard area" or "erosion hazard area" shall mean
those areas of the coastline:
  (a) Which are determined as likely to be subject to erosion  within  a
forty-year period. The inland boundary of such areas shall be determined
on  the  basis  of  shoreline recession analysis, SEA LEVEL RISE PROJEC-
TIONS, and other pertinent studies and surveys by starting at the  bluff
edge or most landward point of active erosion and measuring along a line
which is normal to the line of mean high water a distance which is forty
times  the  long-term  average annual rate of shoreline recession, where
such average annual recession rate is at least one foot; or
  (b) Which constitute natural protective features,  the  alteration  of
which  might  reduce  or  destroy  the  protection  afforded other lands
against erosion, or lower the reserves of sand or other natural  materi-
als available to replenish storm losses through natural processes.

A. 7140                            10

  The  erosion  hazard  area  is to be identified as provided in section
34-0104 of this article and shall be the area within  which  new  activ-
ities  or  development  shall be reviewed to effectuate the policies and
purposes of this article to minimize damage caused by erosion to  struc-
tures  and  to  prevent  damage to natural protective features caused by
activities or development, as provided for in section  34-0108  of  this
article.
  8. "Natural protective features" shall mean without limitation, beach-
es,  dunes,  shoals,  bars, spits, barrier islands, bluffs and wetlands;
AREAS WITHIN COASTAL BARRIER BREACHES AND WASHOVERS AND THEIR ASSOCIATED
SANDY SHOALS, AS WELL AS associated natural  vegetation  shall  also  be
considered as part of such natural protective features.
  S  23. Subdivision 4 of section 34-0104 of the environmental conserva-
tion law, as amended by chapter 556 of the laws of 1985, is  amended  to
read as follows:
  4. The commissioner shall review the boundaries of each erosion hazard
area  identified pursuant to this section ten years from the date of its
identification and every ten  years  thereafter.  The  commissioner  may
revise  erosion hazard area maps not sooner than twelve months after the
occurrence of a major man made or natural event or a major coastal storm
if he determines  that  topographical  changes  or  loss  of  structural
protection  at  the end of such a twelve month period and as a result of
such event or such storm justify, pursuant to  the  regulations  of  the
department,  adjustment  of  the erosion hazard area boundary by twenty-
five feet or more. Following such review, the commissioner shall  adjust
the  boundaries  of  such  erosion  hazard area to effect any additions,
deletions or technical  changes,  or  to  reflect  any  changes  due  to
erosion, accretion, SEA LEVEL RISE, COASTAL HAZARDS, or other natural or
man-made changes. The commissioner shall follow the procedures set forth
in  subdivisions two and three of this section with respect to any lands
which are proposed to be added to or deleted from an erosion hazard area
because of an adjustment of the boundaries of such erosion  hazard  area
pursuant to this subdivision.
  S  24.  Article 71 of the environmental conservation law is amended by
adding a new title 34 to read as follows:
                                TITLE 34
                        ENFORCEMENT OF ARTICLE 34
SECTION 71-3401. APPLICABILITY OF THIS TITLE.
        71-3402. VIOLATION; PENALTIES.
        71-3403. ENFORCEMENT.
S 71-3401. APPLICABILITY OF THIS TITLE.
  IN ADDITION TO THE PROVISIONS OF SECTIONS  71-0101  AND  71-0301,  AND
TITLES  FIVE  AND  FORTY  OF  THIS ARTICLE, THE PROVISIONS OF THIS TITLE
SHALL BE APPLICABLE TO THE ENFORCEMENT OF ARTICLE  THIRTY-FOUR  OF  THIS
CHAPTER.
S 71-3402. VIOLATION; PENALTIES.
  1.  ADMINISTRATIVE SANCTIONS. A. ANY PERSON WHO VIOLATES, DISOBEYS, OR
DISREGARDS ANY PROVISION OF ARTICLE THIRTY-FOUR OF THIS CHAPTER SHALL BE
LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT LESS THAN  TEN
THOUSAND  AND  NOT  MORE  THAN  TWENTY-FIVE  THOUSAND  DOLLARS FOR EVERY
VIOLATION, TO BE ASSESSED, AFTER A HEARING OR OPPORTUNITY TO  BE  HEARD,
BY  THE  COMMISSIONER.  EACH  VIOLATION SHALL BE A SEPARATE AND DISTINCT
VIOLATION AND, IN THE CASE OF A CONTINUING VIOLATION, EACH DAY'S CONTIN-
UANCE THEREOF SHALL BE DEEMED A SEPARATE AND DISTINCT  VIOLATION.    THE
PENALTY MAY BE RECOVERED IN AN ACTION BROUGHT BY THE COMMISSIONER IN ANY
COURT  OF  COMPETENT JURISDICTION. SUCH CIVIL PENALTY MAY BE RELEASED OR

A. 7140                            11

COMPROMISED BY THE COMMISSIONER BEFORE THE MATTER HAS BEEN  REFERRED  TO
THE  ATTORNEY  GENERAL;  AND  WHERE SUCH MATTER HAS BEEN REFERRED TO THE
ATTORNEY GENERAL, ANY SUCH PENALTY MAY BE RELEASED  OR  COMPROMISED  AND
ANY ACTION COMMENCED TO RECOVER THE SAME MAY BE SETTLED AND DISCONTINUED
BY THE ATTORNEY GENERAL WITH THE CONSENT OF THE COMMISSIONER.
  B.  UPON DETERMINING THAT SIGNIFICANT EROSION IS OCCURRING OR IS IMMI-
NENT AS A RESULT OF ANY VIOLATION OF ARTICLE THIRTY-FOUR OF  THIS  CHAP-
TER,  THE  COMMISSIONER SHALL HAVE POWER TO DIRECT THE VIOLATOR TO CEASE
AND DESIST FROM VIOLATING THE ACT. IN SUCH CASES THE VIOLATOR  SHALL  BE
PROVIDED  AN  OPPORTUNITY  TO BE HEARD WITHIN TEN DAYS OF RECEIPT OF THE
NOTICE TO CEASE AND DESIST.
  C. FOLLOWING A HEARING HELD PURSUANT TO SECTION 71-1709 OF THIS  ARTI-
CLE,  THE  COMMISSIONER SHALL HAVE POWER TO DIRECT THE VIOLATOR TO CEASE
AND DESIST FROM VIOLATING THE ACT AND TO RESTORE  THE  AFFECTED  COASTAL
AREA  TO ITS CONDITION PRIOR TO THE VIOLATION, INSOFAR AS THAT IS POSSI-
BLE WITHIN A REASONABLE TIME AND UNDER THE SUPERVISION  OF  THE  COMMIS-
SIONER.  ANY ORDER OF THE COMMISSIONER SHALL BE ENFORCEABLE IN AN ACTION
BROUGHT BY THE COMMISSIONER IN ANY COURT OF COMPETENT JURISDICTION.  ANY
CIVIL PENALTY OR ORDER ISSUED BY THE COMMISSIONER UNDER THIS SUBDIVISION
SHALL  BE  REVIEWABLE IN A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES.
  2. THE PROCEEDS OF ANY PENALTY OR FINE  ASSESSED  UNDER  THIS  SECTION
SHALL BE DEPOSITED IN A FUND TO ASSIST LOCAL GOVERNMENTS IN IMPLEMENTING
COASTAL RESILIENCE PLANS, AS DESCRIBED IN SECTION NINE HUNDRED FIFTEEN-A
OF THE EXECUTIVE LAW.
S 71-3403. ENFORCEMENT.
  1.  THE  ATTORNEY  GENERAL, ON HIS OWN INITIATIVE OR AT THE REQUEST OF
THE  COMMISSIONER,  SHALL  PROSECUTE   PERSONS   WHO   VIOLATE   ARTICLE
THIRTY-FOUR  OF  THIS CHAPTER. IN ADDITION, THE ATTORNEY GENERAL, ON HIS
OWN INITIATIVE OR AT THE REQUEST OF THE  COMMISSIONER,  SHALL  HAVE  THE
RIGHT  TO  RECOVER A CIVIL PENALTY OF NOT LESS THAN TEN THOUSAND AND NOT
MORE THAN TWENTY-FIVE  THOUSAND  DOLLARS  FOR  EVERY  VIOLATION  OF  ANY
PROVISION  OF SUCH ARTICLE, AND TO SEEK EQUITABLE RELIEF TO RESTRAIN ANY
VIOLATION OR THREATENED VIOLATION OF SUCH ARTICLE  AND  TO  REQUIRE  THE
RESTORATION OF ANY AFFECTED COASTLINE WITHIN THE COASTAL RISK MANAGEMENT
ZONE, AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW, TO
ITS CONDITION PRIOR TO THE VIOLATION, INSOFAR AS THAT IS POSSIBLE, WITH-
IN  A  REASONABLE TIME AND UNDER THE SUPERVISION OF THE COMMISSIONER. IN
THE CASE OF A CONTINUING VIOLATION, EACH DAY'S CONTINUANCE THEREOF SHALL
BE DEEMED A SEPARATE AND DISTINCT VIOLATION.
  2. THE COMMISSIONER HAS THE AUTHORITY TO REVERSE  OR  VETO  ANY  LOCAL
ACTIONS  OR DECISIONS WHICH ARE INCONSISTENT WITH THE PURPOSES AND POLI-
CIES OF ARTICLE THIRTY-FOUR OF THIS CHAPTER.
  S 25. The department of  environmental  conservation  is  directed  to
conform  its  regulations  in title 6 of the New York state Codes, Rules
and Regulations to apply the polices, definitions, and amendments to the
environmental conservation law contained in this act.
  S 26. Subdivision 2 of section 7-722 of the village law is amended  by
adding two new paragraphs (d) and (e) to read as follows:
  (D)  "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF
COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE  STORMS,  AS
DEFINED  IN  SECTION  NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW.  COASTAL
RISK MANAGEMENT ZONES WILL BE  IDENTIFIED  BY  THE  SECRETARY  OF  STATE
ACCORDING  TO  THE  PURPOSES  AND  POLICIES  IDENTIFIED  IN SECTION NINE
HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW, AND ARE AS SHOWN ON THE COASTAL

A. 7140                            12

RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
AS REQUIRED IN SUCH SECTION.
  (E)  "COASTAL  HAZARDS" MEANS THE RANGE OF ENVIRONMENTAL PROCESSES AND
EVENTS THAT MAY AFFECT COASTLINES OR HUMAN ACTIVITY NEAR COASTLINES, AND
IT INCLUDES BUT IS NOT LIMITED TO SEA LEVEL  RISE,  RISING  GROUNDWATER,
COASTAL  FLOODING,  STORM SURGE, COASTAL STORMS, OR SALTWATER INTRUSION,
AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW.
  S 27. Subdivision 3 of section 7-722 of the village law is amended  by
adding three new paragraphs (p), (q) and (r) to read as follows:
  (P)  CONSIDERATION OF THE EFFECTS OF COASTAL HAZARDS ON ANY ASPECTS OF
THE PLAN, IF ANY PART OF THE VILLAGE IS LOCATED WITHIN THE COASTAL  RISK
MANAGEMENT ZONE.
  (Q)  INCLUSION  WHERE  PRACTICABLE  OF  BUFFER AREAS AND OTHER COASTAL
PROTECTION STRATEGIES IN THE ZONING OF WATERFRONT AREAS OR THE  DEVELOP-
MENT  OF  WATERFRONT  REVITALIZATION  PLANS,  IN ORDER TO REDUCE RISK TO
NATURAL RESOURCES AND ENSURE THAT ALL NEW  CONSTRUCTION  AND/OR  INFRAS-
TRUCTURE  IS  CONSISTENT WITH THE REDUCTION OF FLOOD RISK AND OF VULNER-
ABILITY TO COASTAL HAZARDS IN THE COASTAL RISK MANAGEMENT ZONE.
  (R) DEVELOPMENT OF COASTAL RESILIENCE PLANS BY COMMUNITIES WITHIN  THE
COASTAL  RISK  MANAGEMENT  ZONE.  SUCH PLANS SHALL ADVISE COMMUNITIES ON
POST-STORM RECOVERY MECHANISMS, REDEVELOPMENT, AND RECOGNITION OF  LONG-
TERM  RISKS  CREATED BY HIGH-INTENSITY STORMS. SUCH PLANS SHALL BE BASED
ON TRENDS IN HIGH-INTENSITY WEATHER AND THE EFFECT OF COASTAL  PROCESSES
ON FUTURE WEATHER CONDITIONS.
  S  28.  Subdivision  2  of section 272-a of the town law is amended by
adding two new paragraphs (d) and (e) to read as follows:
  (D) "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK  OF
COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
COASTAL  FLOODING  DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS, AS
DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE  LAW.    COASTAL
RISK  MANAGEMENT  ZONES  WILL  BE  IDENTIFIED  BY THE SECRETARY OF STATE
ACCORDING TO THE  PURPOSES  AND  POLICIES  IDENTIFIED  IN  SECTION  NINE
HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW, AND ARE AS SHOWN ON THE COASTAL
RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
AS REQUIRED IN SUCH SECTION NINE HUNDRED FOURTEEN-A.
  (E)  "COASTAL  HAZARDS" MEANS THE RANGE OF ENVIRONMENTAL PROCESSES AND
EVENTS THAT MAY AFFECT COASTLINES OR HUMAN ACTIVITY NEAR COASTLINES, AND
IT INCLUDES BUT IS NOT LIMITED TO SEA LEVEL  RISE,  RISING  GROUNDWATER,
COASTAL  FLOODING,  STORM SURGE, COASTAL STORMS, OR SALTWATER INTRUSION,
AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW.
  S 29. Subdivision 3 of section 272-a of the town  law  is  amended  by
adding three new paragraphs (p), (q) and (r) to read as follows:
  (P)  CONSIDERATION OF THE EFFECTS OF COASTAL HAZARDS ON ANY ASPECTS OF
THE PLAN, IF ANY PART OF THE TOWN IS LOCATED  WITHIN  THE  COASTAL  RISK
MANAGEMENT ZONE.
  (Q)  INCLUSION  WHERE  PRACTICABLE  OF  BUFFER AREAS AND OTHER COASTAL
PROTECTION STRATEGIES IN THE ZONING OF WATERFRONT AREAS OR THE  DEVELOP-
MENT  OF  WATERFRONT  REVITALIZATION  PLANS,  IN ORDER TO REDUCE RISK TO
NATURAL RESOURCES AND ENSURE THAT ALL NEW  CONSTRUCTION  AND/OR  INFRAS-
TRUCTURE  IS  CONSISTENT WITH THE REDUCTION OF FLOOD RISK AND OF VULNER-
ABILITY TO COASTAL HAZARDS IN THE COASTAL RISK MANAGEMENT ZONE.
  (R) DEVELOPMENT OF COASTAL RESILIENCE PLANS BY COMMUNITIES WITHIN  THE
COASTAL  RISK  MANAGEMENT  ZONE.  SUCH PLANS SHALL ADVISE COMMUNITIES ON
POST-STORM RECOVERY MECHANISMS, REDEVELOPMENT, AND RECOGNITION OF  LONG-
TERM  RISKS  CREATED BY HIGH-INTENSITY STORMS. SUCH PLANS SHALL BE BASED

A. 7140                            13

ON TRENDS IN HIGH-INTENSITY WEATHER AND THE EFFECT OF COASTAL  PROCESSES
ON FUTURE WEATHER CONDITIONS.
  S 30. Subdivision 3 of section 28-a of the general city law is amended
by adding two new paragraphs (d) and (e) to read as follows:
  (D)  "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF
COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE  STORMS,  AS
DEFINED  IN  SECTION  NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW.  COASTAL
RISK MANAGEMENT ZONES WILL BE  IDENTIFIED  BY  THE  SECRETARY  OF  STATE
ACCORDING  TO  THE  PURPOSES  AND  POLICIES  IDENTIFIED  IN SECTION NINE
HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW, AND ARE AS SHOWN ON THE COASTAL
RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
AS REQUIRED IN SUCH SECTION NINE HUNDRED FOURTEEN-A.
   (E) "COASTAL HAZARDS" MEANS THE RANGE OF ENVIRONMENTAL PROCESSES  AND
EVENTS THAT MAY AFFECT COASTLINES OR HUMAN ACTIVITY NEAR COASTLINES, AND
IT  INCLUDES  BUT  IS NOT LIMITED TO SEA LEVEL RISE, RISING GROUNDWATER,
COASTAL FLOODING, STORM SURGE, COASTAL STORMS, OR  SALTWATER  INTRUSION,
AS DEFINED IN SECTION HUNDRED HUNDRED ELEVEN OF THE EXECUTIVE LAW.
  S 31. Subdivision 4 of section 28-a of the general city law is amended
by adding three new paragraphs (p), (q) and (r) to read as follows:
  (P)  CONSIDERATION OF THE EFFECTS OF COASTAL HAZARDS ON ANY ASPECTS OF
THE PLAN, IF ANY PART OF THE CITY IS LOCATED  WITHIN  THE  COASTAL  RISK
MANAGEMENT ZONE.
  (Q)  INCLUSION  WHERE  PRACTICABLE  OF  BUFFER AREAS AND OTHER COASTAL
PROTECTION STRATEGIES IN THE ZONING OF WATERFRONT AREAS OR THE  DEVELOP-
MENT  OF  WATERFRONT  REVITALIZATION  PLANS,  IN ORDER TO REDUCE RISK TO
NATURAL RESOURCES AND ENSURE THAT ALL NEW  CONSTRUCTION  AND/OR  INFRAS-
TRUCTURE  IS  CONSISTENT WITH THE REDUCTION OF FLOOD RISK AND OF VULNER-
ABILITY TO COASTAL HAZARDS IN THE COASTAL RISK MANAGEMENT ZONE.
  (R) DEVELOPMENT OF COASTAL RESILIENCE PLANS BY COMMUNITIES WITHIN  THE
COASTAL  RISK  MANAGEMENT  ZONE.  SUCH PLANS SHALL ADVISE COMMUNITIES ON
POST-STORM RECOVERY MECHANISMS, REDEVELOPMENT, AND RECOGNITION OF  LONG-
TERM  RISKS  CREATED BY HIGH-INTENSITY STORMS. SUCH PLANS SHALL BE BASED
ON TRENDS IN HIGH-INTENSITY WEATHER AND THE EFFECT OF COASTAL  PROCESSES
ON FUTURE WEATHER CONDITIONS.
  S  32. Section 66 of the public service law is amended by adding a new
subdivision 29 to read as follows:
  29. REQUIRE EVERY  UTILITY  CORPORATION  WITHIN  ITS  JURISDICTION  TO
SUBMIT  HAZARD  MITIGATION  PLANS  AND  EMERGENCY  RESPONSE PLANS TO THE
COMMISSION FOR REVIEW AND APPROVAL AT SUCH TIMES AND IN SUCH DETAIL  AND
FORM  AS  THE COMMISSION SHALL REQUIRE, PROVIDED, HOWEVER, THAT THE SAME
SHALL BE FILED AT LEAST ANNUALLY AND SHALL CONTAIN, AT A MINIMUM:
  (A) AN ASSESSMENT OF THE VULNERABILITY OF CORPORATION  INFRASTRUCTURE,
INCLUDING BUT NOT LIMITED TO BUILDINGS, PIPES, WIRES, CONDUITS OR DUCTS,
TO  COASTAL  HAZARDS  AND  OTHER  REASONABLY FORESEEABLE EXTREME WEATHER
EVENTS, AND IDENTIFICATION  OF  THE  INFRASTRUCTURE  MOST  AT  RISK,  TO
INCLUDE  AN  IDENTIFICATION OF INFRASTRUCTURE LOCATED WITHIN THE COASTAL
RISK MANAGEMENT ZONE, AS DEFINED IN SECTION NINE HUNDRED ELEVEN  OF  THE
EXECUTIVE LAW;
  (B) AN EVALUATION OF SHORT-TERM AND LONG-TERM RESILIENCE STRATEGIES TO
PROTECT THAT INFRASTRUCTURE TO ENSURE THE SAFE AND RELIABLE PROVISION OF
UTILITIES,  TO  INCLUDE  LONG-TERM INVESTMENT DECISIONS ON THE PLACEMENT
AND DESIGN OF INFRASTRUCTURE;
  (C) EMERGENCY RESPONSE PLANS FOCUSED ON IMMEDIATE PREPARATION FOR  AND
RESPONSE TO STORMS AND OTHER EXTREME WEATHER EVENTS.

A. 7140                            14

  ONCE REVIEWED AND APPROVED BY THE COMMISSION, SUCH PLANS SHALL BE MADE
AVAILABLE TO THE PUBLIC.
  S  33.  Subdivision 2 of section 6-0107 of the environmental conserva-
tion law is amended by adding a new paragraph l to read as follows:
  L. TO PROMOTE RESILIENCE TO COASTAL HAZARDS, EXTREME  WEATHER  EVENTS,
AND  OTHER  NATURAL DISASTERS BY STRENGTHENING EXISTING AND CREATING NEW
COMMUNITIES DESIGNED TO WITHSTAND REASONABLY  FORESEEABLE  ENVIRONMENTAL
THREATS,  WITH  PARTICULAR  ATTENTION FOR THOSE LOCATED ALONG COASTLINES
AND IN OR IMMEDIATELY ADJACENT TO COASTAL RISK MANAGEMENT ZONES.
  S 34.  Severability.  The provisions of this article shall be  severa-
ble, and if any clause, sentence, paragraph, subdivision or part of this
article  shall  be adjudged by any court of competent jurisdiction to be
invalid, such judgment  shall  not  affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  subdivision  or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
  S 35. This act shall take effect immediately; provided, however,  that
the  Long  Island  South  Shore  Estuary Reserve council shall take into
consideration in its next biannual reviews the amendments made to subdi-
vision 7 of section 964-b of the executive law by section seven of  this
act;  provided,  further,  that the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this  act  on
its  effective  date is authorized and directed to be made and completed
on or before such effective date.