S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1817
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by M. of A. CROUCH, BARCLAY, FINCH, HAWLEY, MONTESANO, OAKS,
   PALMESANO -- read once and referred to the Committee on  Environmental
   Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law and the general
   municipal law, in relation to authorizing and directing the establish-
   ment of a stream maintenance and flood  control  program  as  a  local
   option for counties
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 15-0501 of the environmental  conservation  law  is
 amended by adding a new subdivision 6-a to read as follows:
   6-A. NO PERMIT UNDER THIS SECTION SHALL BE REQUIRED FOR STREAM MAINTE-
 NANCE  AND FLOOD CONTROL ACTIVITIES CONDUCTED IN FURTHERANCE OF A STREAM
 MAINTENANCE AND FLOOD CONTROL  PLAN  APPROVED  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SUBDIVISION TWO OF SECTION 16-0111 OF THIS CHAPTER.
   §  2. Section 15-0505 of the environmental conservation law is amended
 by adding a new subdivision 4-a to read as follows:
   4-A. NO PERMIT UNDER THIS SECTION SHALL BE REQUIRED FOR STREAM MAINTE-
 NANCE AND FLOOD CONTROL ACTIVITIES CONDUCTED IN FURTHERANCE OF A  STREAM
 MAINTENANCE  AND  FLOOD  CONTROL  PLAN  APPROVED  IN ACCORDANCE WITH THE
 PROVISIONS OF SUBDIVISION TWO OF SECTION 16-0111 OF THIS CHAPTER.
   § 3. Section 16-0111 of the environmental conservation law,  as  added
 by chapter 727 of the laws of 1978, is amended to read as follows:
 § 16-0111. Powers and duties of commissioner.
   1.  The  commissioner  is  hereby  authorized  and directed for and in
 behalf of the state to carry out the state's participation in a  federal
 program  of  flood  control, to sign all necessary agreements, and to do
 and perform all necessary acts in connection therewith to consummate the
 intent and purpose running with the approval by the  federal  government
 of  flood control projects in New York state and the allotment of moneys
 for such projects, if, as and when made by the federal government.  [He]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04422-01-7

 A. 1817                             2
 
 THE  COMMISSIONER is authorized and empowered, notwithstanding any other
 law of this state, to carry out  the  provisions  of  this  act  and  to
 perform  and  do  such  other  and  further acts not hereby specifically
 provided  in  this  act  as  may  be necessary to carry out the projects
 [herein] authorized UNDER THIS ARTICLE and so as to conform with the act
 and rules, regulations and requirements of the federal  government  made
 to  govern  the  expenditures. Work may be carried out by contract or by
 department forces or by a combination of these two methods. However,  if
 the  commissioner deems it to be in the interest of the public, [he] THE
 COMMISSIONER may agree with a municipal  corporation  affected  by  such
 work,  to  have  its contractor or its forces and equipment perform such
 work, upon such terms as the commissioner may deem advantageous  to  the
 state.  The commissioner shall exercise [his] ANY powers and duties with
 respect to the said flood control projects in a manner that will  comply
 with  any  act  of  congress  applicable thereto and any rules and regu-
 lations made and promulgated by virtue thereof.
   2. (A) THE COMMISSIONER, IN CONSULTATION  WITH  THE  DIRECTOR  OF  THE
 STATE  EMERGENCY MANAGEMENT OFFICE AND LOCAL SOIL AND WATER CONSERVATION
 DISTRICTS, IS AUTHORIZED AND DIRECTED TO ESTABLISH A STREAM  MAINTENANCE
 AND  FLOOD  CONTROL  PROGRAM.  THE  LOCAL GOVERNING BODY OF A COUNTY MAY
 ELECT TO PASS A LOCAL LAW PROVIDING A LOCAL OPTION INTO SUCH PROGRAM. IF
 SUCH LOCAL OPTION IS ADOPTED, SUCH COUNTY SHALL CONSULT WITH THE DEPART-
 MENT, THE STATE EMERGENCY MANAGEMENT OFFICE, THE APPROPRIATE LOCAL  SOIL
 AND  WATER  CONSERVATION  DISTRICTS AND SUCH OTHER PERSONS AND ORGANIZA-
 TIONS WITH EXPERTISE IN  THE  FIELD  OF  STREAM  MAINTENANCE  AND  FLOOD
 CONTROL  AS MAY BE NECESSARY OR APPROPRIATE TO ASSURE THE DEVELOPMENT OF
 THE STREAM MAINTENANCE AND FLOOD CONTROL PLAN.
   (B) SUCH PLAN SHALL TAKE INTO ACCOUNT WEATHER PATTERNS, AN ANALYSIS OF
 EXISTING CONDITIONS AND ANY HYDROLOGICAL DATA NECESSARY TO  ESTABLISH  A
 SCHEDULE  OF  SPECIFIC  SHORT  AND  LONG  TERM STREAM MAINTENANCE AND/OR
 RECLAMATION ACTIVITIES DESIGNED TO PREVENT FLOODING WHILE SIMULTANEOUSLY
 IMPROVING AQUATIC HABITAT IN THE SUBJECT COUNTY WATERWAYS.
   (C) UPON THE COMPLETION OF THE PLAN, THE DEPARTMENT SHALL HAVE  THIRTY
 DAYS  TO  APPROVE  IT OR PROVIDE AN ALTERNATIVE RECOMMENDATION. ONCE THE
 FINAL PLAN IS APPROVED BY THE DEPARTMENT,  THE  STREAM  MAINTENANCE  AND
 FLOOD CONTROL ACTIVITIES SCHEDULED IN THE PLAN SHALL COMMENCE IMMEDIATE-
 LY.  THE COUNTY SHALL BE RESPONSIBLE FOR PERFORMING THE WORK OUTLINED IN
 THE PLAN, HOWEVER, A COUNTY MAY CONTRACT WITH A TOWN, VILLAGE, SOIL  AND
 WATER  CONSERVATION DISTRICT OR INDEPENDENT CONTRACTOR, AS NECESSARY, TO
 EXECUTE THE  REQUIRED  MAINTENANCE  ACTIVITIES.  WHERE  THE  MAINTENANCE
 ACTIVITIES  IN  THE  PLAN ARE INTENDED TO OCCUR ON PRIVATE PROPERTY, THE
 COUNTY, TOWN, VILLAGE, SOIL AND WATER CONSERVATION DISTRICT OR INDEPEND-
 ENT CONTRACTOR PERFORMING THE WORK SHALL NOTIFY  THE  AFFECTED  PROPERTY
 OWNER AND REQUEST PERMISSION TO ENTER THE PROPERTY AND PERFORM THE SCHE-
 DULED MAINTENANCE. SUCH WORK MAY BE DONE WITHOUT PERMISSION OF THE PROP-
 ERTY  OWNER  UPON  A  FINDING BY THE LOCAL GOVERNING BODY OF THE COUNTY,
 TOWN OR VILLAGE, WHERE THE PROPERTY IS SITUATED, THAT  FAILURE  TO  MAKE
 SUCH  REPAIRS POSES AN UNWARRANTED RISK TO THE HEALTH, SAFETY OR WELFARE
 OF THE RESIDENTS OF SUCH COUNTY, TOWN  OR  VILLAGE.  ANY  COUNTY,  TOWN,
 VILLAGE OR SOIL AND WATER CONSERVATION DISTRICT TAKING SUCH ACTION SHALL
 CONSIDER THE IMPACTS UPSTREAM AND DOWNSTREAM OF WHERE THE STREAM MAINTE-
 NANCE  AND  FLOOD  CONTROL  IS TO BE PERFORMED.   FUNDING FOR ANY STREAM
 MAINTENANCE AND FLOOD CONTROL ACTIVITIES SHALL BE  MADE  AVAILABLE  FROM
 THE MONIES APPROPRIATED TO THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.

 A. 1817                             3
 
   §  4.  The  general  municipal  law is amended by adding a new section
 120-dd to read as follows:
   §  120-DD. STREAM MAINTENANCE AND FLOOD CONTROL BY LOCALITIES. A COUN-
 TY, TOWN, VILLAGE OR SOIL AND WATER CONSERVATION DISTRICT ACTING  PURSU-
 ANT  TO  A  STREAM  MAINTENANCE AND FLOOD CONTROL PLAN ESTABLISHED UNDER
 SUBDIVISION TWO OF SECTION 16-0111 OF THE ENVIRONMENTAL CONSERVATION LAW
 SHALL BE AUTHORIZED TO ENGAGE IN STREAM MAINTENANCE  AND  FLOOD  CONTROL
 ACTIVITIES  WHICH  ARE NECESSARY FOR THE PROTECTION OF THE PUBLIC HEALTH
 AND SAFETY. WHERE THE MAINTENANCE ACTIVITIES IN THE PLAN ARE INTENDED TO
 OCCUR ON PRIVATE PROPERTY, THE COUNTY, TOWN, VILLAGE OR SOIL  AND  WATER
 CONSERVATION  DISTRICT  PERFORMING  THE  WORK  SHALL NOTIFY THE AFFECTED
 PROPERTY OWNER AND REQUEST PERMISSION TO ENTER THE PROPERTY AND  PERFORM
 THE  SCHEDULED  WORK.  SUCH  WORK  MAY BE DONE WITHOUT PERMISSION OF THE
 PROPERTY OWNER UPON A FINDING BY THE LOCAL GOVERNING BODY OF THE COUNTY,
 TOWN OR VILLAGE, WHERE THE PROPERTY IS SITUATED, THAT  FAILURE  TO  MAKE
 SUCH  REPAIRS POSES AN UNWARRANTED RISK TO THE HEALTH, SAFETY OR WELFARE
 OF THE RESIDENTS OF SUCH COUNTY, TOWN  OR  VILLAGE.  ANY  COUNTY,  TOWN,
 VILLAGE OR SOIL AND WATER CONSERVATION DISTRICT TAKING SUCH ACTION SHALL
 CONSIDER THE IMPACTS UPSTREAM AND DOWNSTREAM OF WHERE THE STREAM MAINTE-
 NANCE AND FLOOD CONTROL IS TO BE PERFORMED.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date is authorized to be made on  or
 before such effective date.