Bill Text: NY A07329 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires the department of environmental conservation to conduct a study on the feasibility of constructing a seawall along the coastline of the city of New York and report on such study to the legislature by December 31, 2027.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-22 - print number 7329a [A07329 Detail]

Download: New_York-2023-A07329-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7329

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 17, 2023
                                       ___________

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

        AN  ACT  to  establish a commission to be known as the "New York seawall
          study commission"; and providing for the  repeal  of  such  provisions
          upon expiration thereof

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

     1    Section 1. New York seawall study commission.  1.    There  is  hereby
     2  established,  within  the  department  of  environmental conservation, a
     3  seawall study  commission  ("commission")  which  shall  consist  of  16
     4  members who shall be appointed as follows:
     5    (a)  the  commissioner  of  environmental  conservation  or his or her
     6  designee;
     7    (b) the secretary of state or his or her designee;
     8    (c) three members appointed by the governor,  at  least  one  of  whom
     9  shall have expertise in environmental justice issues;
    10    (d)  two  members  to  be  appointed by the temporary president of the
    11  senate;
    12    (e) two members to be appointed by the speaker of the assembly;
    13    (f) one member to be appointed by the minority leader of the senate;
    14    (g) one member to be appointed by the minority leader of the assembly;
    15    (h) two members to be appointed by the mayor of the city of New York;
    16    (i) one member to be appointed by the county executive of  the  county
    17  of Nassau;
    18    (j)  one  member to be appointed by the county executive of the county
    19  of Suffolk; and
    20    (k) one member to be appointed by the county executive of  the  county
    21  of Westchester.
    22    2.  The  at large members should include individuals with expertise in
    23  one or more of the following  areas:  climatology;  hydrology;  environ-
    24  mental;  aquaculture;  flood  risk  management;  environmental  justice;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04620-01-3
        A. 7329                             2

     1  ecological restoration and management;  oceanography  or  coastal  ocean
     2  science; and engineering.
     3    3. Commission members shall receive no compensation for their services
     4  but  shall  be  reimbursed for actual and necessary expenses incurred in
     5  the performance of their duties.
     6    4. The chairperson of the commission  shall  be  the  commissioner  of
     7  environmental  conservation or his or her designee. The commission shall
     8  meet no less than four times and at other  times  at  the  call  of  the
     9  chairperson.
    10    5.  Any  vacancies  on  the  commission  shall be filled in the manner
    11  provided for in the initial appointment.
    12    6. The commission shall be authorized  to  hold  public  hearings  and
    13  meetings to enable it to accomplish its duties.
    14    7.  The  commission  may  consult  with  any organization, educational
    15  institution, other government entity or agency or person including,  but
    16  not  limited  to, the army corps of engineers, in the development of its
    17  report required by subdivision 10 of this section.
    18    8. The department of  environmental  conservation  shall  provide  the
    19  commission  with such facilities, assistance and data as will enable the
    20  commission to carry out its powers and duties.  Additionally, all  other
    21  agencies of the state or subdivisions thereof may, at the request of the
    22  chairperson,  provide  the  commission with such facilities, assistance,
    23  and data as will enable the commission  to  carry  out  its  powers  and
    24  duties.
    25    9.  The  purpose  of the New York seawall study commission shall be to
    26  identify  the  feasibility,  costs,  impacts,  and  best  locations  for
    27  construction of a seawall to protect the city of New York from sea level
    28  rise and storm surge along the entire coastline.
    29    10.  No later than December 31, 2026, the commission shall transmit to
    30  the governor, the temporary president of the senate and the  speaker  of
    31  the assembly a report containing the following:
    32    (a)  coastal  areas  at  greatest  risk  from  sea level rise based on
    33  projections established pursuant to section 3-0319 of the  environmental
    34  conservation law;
    35    (b) areas at risk from storm surge based on current sea levels;
    36    (c)  areas  that  are  more  likely to be at risk from coastal hazards
    37  including rising groundwater levels, saltwater intrusion, coastal flood-
    38  ing, and extreme weather events  including  coastal  storms,  with  such
    39  projections extending through year 2100;
    40    (d)  the  locations  for construction of a seawall and any communities
    41  likely to be at risk from such construction;
    42    (e) the feasibility, costs and locations of natural  and  nature-based
    43  solutions  and  onshore measures to protect New York city from sea level
    44  rise and storm surge;
    45    (f) the costs, including fiscal impacts, impacts on  vulnerable  popu-
    46  lations and natural resources, of such construction of a seawall; and
    47    (g)  recommendations  on  state  and local regulatory and/or statutory
    48  alterations.
    49    § 2. This act shall take effect immediately and shall  expire  and  be
    50  deemed repealed January 1, 2027.