Bill Text: NY A07051 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes a sea level rise mitigation and adaptation plan for cities with a population of one million or more to be implemented by the department of environmental conservation; requires a sea level rise vulnerability and adaptation report to be submitted.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to environmental conservation [A07051 Detail]

Download: New_York-2023-A07051-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7051

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 10, 2023
                                       ___________

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

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          establishing a sea level rise mitigation and adaptation plan

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 3-0320 to read as follows:
     3  § 3-0320. Sea  level  rise mitigation and adaptation plan; cities with a
     4              population of one million or more.
     5    1. The department, in consultation with the New  York  city  emergency
     6  management department, shall:
     7    (a)  establish  a  sea  level  rise mitigation and adaptation plan for
     8  cities with a population of one million or more, to  identify  land  and
     9  existing and planned facilities, including critical infrastructure, that
    10  have  been  affected  by  or  are vulnerable to sea level rise, flooding
    11  impacts, and natural hazards. The department shall utilize  information,
    12  projections  and  map  data from the most recent update of the sea level
    13  rise vulnerability and adaptation report,  the  New  York  city  mayor's
    14  office  of  resiliency's  climate  resilience  master plan and any other
    15  agency report with pertinent related data, and any other pertinent  data
    16  and scientific reports the department deems necessary;
    17    (b)  assess  a  range of options, including environmental, social, and
    18  economic factors, for mitigating impacts of sea level rise;
    19    (c) submit an annual  sea  level  rise  vulnerability  and  adaptation
    20  report  to  the  governor,  the  mayor  of the city of New York, and the
    21  department of state no later than ninety days after  the  completion  of
    22  such report; and
    23    (d)  thirty days after the submission of such report required pursuant
    24  to paragraph (c) of this subdivision, conduct public hearings for public

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05508-02-3
        A. 7051                             2

     1  comment in five different counties within cities with  a  population  of
     2  one million or more.
     3    2.  (a)  One  hundred  eighty days following the submission of the sea
     4  level rise vulnerability and adaptation report, the department shall  be
     5  authorized to implement and administer climate adaptation and mitigation
     6  projects. Such projects shall include:
     7    (i)  the construction of natural resiliency measures and the conserva-
     8  tion or restoration of riparian areas and tidal marsh migration areas;
     9    (ii) nature-based solutions such as  wetland  protections  to  address
    10  physical  climate risk due to sea level rise, storm surges and/or flood-
    11  ing, based on available data predicting the likelihood of future extreme
    12  weather events, including hazard risk analysis data if applicable;
    13    (iii) relocation or retrofitting of  facilities  to  address  physical
    14  climate  risk  due to sea level rise, storm surges and/or flooding based
    15  on available data predicting the likelihood of  future  extreme  weather
    16  events, including hazard risk analysis data if applicable; and
    17    (iv) flood risk reduction.
    18    (b)  With  respect  to such climate adaptation and mitigation projects
    19  authorized pursuant to paragraph (a) of this subdivision, the department
    20  shall:
    21    (i) provide state and regional information to the public  and  provide
    22  support to local, regional, and other state agencies for the identifica-
    23  tion,  assessment,  planning,  and,  where  feasible,  the mitigation of
    24  adverse environmental, social, and economic effects of sea level rise in
    25  cities with a population of one million or more;
    26    (ii) to the fullest extent practicable, prioritize climate  adaptation
    27  and mitigation projects which:
    28    (1)  actively  benefit  disadvantaged  communities  as  defined by the
    29  climate justice working group;
    30    (2) minimize harm to wildlife, ecosystems, public health,  and  public
    31  safety;
    32    (3) do not violate indigenous rights or sovereignty; and
    33    (4) are the most cost-effective to the state and city according to the
    34  best available cost modeling research;
    35    (iii)  construct  sea  level  rise mitigation projects in consultation
    36  with affected labor unions and community organizations through  the  New
    37  York  state  energy  research and development authority's regional clean
    38  energy hubs;
    39    (iv) establish criteria to evaluate whether state or city funds may be
    40  used to mitigate hazards associated with sea level rise  inundation  and
    41  coastal flooding; and
    42    (v)  coordinate with other state planning and coastal management agen-
    43  cies, including, but not limited to, the department  of  state  and  the
    44  department  of  public service to administer grants and provide informa-
    45  tion and support to local, regional, and other state agencies consistent
    46  with statutory authority.
    47    § 2. This act shall take effect immediately.