Bill Text: NY A10053 | 2021-2022 | General Assembly | Amended

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Bill Title: Requires the department of environmental conservation to authorize and encourage the use of nature-based solutions as the preferred alternative for stabilizing tidal shorelines in the state; provides such solutions should be considered when promulgating and implementing rules and regulations relating to such.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-05-24 - print number 10053a [A10053 Detail]

Download: New_York-2021-A10053-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10053--A

                   IN ASSEMBLY

                                     April 29, 2022
                                       ___________

        Introduced  by M. of A. OTIS, BENEDETTO -- read once and referred 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,  in  relation  to
          requiring  the  department  of environmental conservation to implement
          permit regulations and guidance regarding shoreline management

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

     1    Section  1.    Section 1-0303 of the environmental conservation law is
     2  amended by adding a new subdivision 26 to read as follows:
     3    26. "Nature-based solution" shall mean  a  project  that  utilizes  or
     4  mimics nature or natural processes and functions and that may also offer
     5  environmental,  economic,  and social benefits, while increasing resili-
     6  ence. Nature-based solutions include both green and natural  infrastruc-
     7  ture.
     8    §  2.  Section 3-0301 of the environmental conservation law is amended
     9  by adding a new subdivision 2-a to read as follows:
    10    2-a. (a) To further assist in carrying out the policy of this state as
    11  provided in section 1-0101 of  this  chapter,  the  department,  by  and
    12  through the commissioner shall:
    13    (i)  authorize  and encourage the use of nature-based solutions as the
    14  preferred alternative for stabilizing tidal shorelines in the state when
    15  promulgating and implementing rules and  regulations  relating  thereto,
    16  specifically including, but not limited to, those promulgated and imple-
    17  mented  for  articles fifteen, twenty-five and thirty-four of this chap-
    18  ter. The department shall consult with the United States army  corps  of
    19  engineers  to  ensure the minimization of conflicts with federal law and
    20  regulation.
    21    (ii) continue developing integrated guidance  for  the  management  of
    22  tidal  shoreline  systems  to  provide a technical basis for the coordi-
    23  nation of permit decisions required by any regulatory entity  exercising
    24  authority over a shoreline management project. Such guidance shall:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13631-06-2
        A. 10053--A                         2

     1    (1)  communicate to stakeholders and regulatory authorities that it is
     2  the policy of the state that some shorelines shall remain natural unless
     3  stabilization is necessary, and when stabilization is deemed  necessary,
     4  it shall support nature-based solutions as the preferred alternative for
     5  stabilizing tidal shorelines;
     6    (2)  identify preferred shoreline management approaches for the shore-
     7  line and community types found in the state;
     8    (3) explain the risks and benefits of protection provided  by  various
     9  shoreline system elements associated with each management option; and
    10    (4)  recommend  procedures  to achieve efficiency and effectiveness by
    11  the various regulatory entities exercising authority  over  a  shoreline
    12  management project.
    13    (iii) approve a permit for shoreline management that is a nature-based
    14  solution,  unless an alternative analysis containing a review of nature-
    15  based solutions that have been evaluated using the best available infor-
    16  mation shows that such approaches are not suitable. If the  best  avail-
    17  able   information  shows  that  a  nature-based  solution  approach  is
    18  unsuitable or inconsistent with  land-use  regulations,  the  department
    19  shall require the applicant to incorporate, to the maximum extent possi-
    20  ble,  elements of a nature-based solution that are suitable into permit-
    21  ted projects.
    22    (b) (i) For the purposes of this subdivision, "nature-based  solution"
    23  shall  have  the  same  meaning  as defined in subdivision twenty-six of
    24  section 1-0303 of this chapter and shall  specifically  mean  techniques
    25  applied  within  the  tidal zone that incorporate natural, native living
    26  features.
    27    (ii) When considering a nature-based solution  the  department  should
    28  prioritize techniques that:
    29    (1)  control  or  reduce  shoreline erosion while maintaining benefits
    30  comparable to the natural  shoreline  including,  but  not  limited  to,
    31  allowing for natural sediment movement;
    32    (2)  improve,  restore,  or maintain the connection between the upland
    33  and water habitats; and
    34    (3) incorporate habitat enhancement and  natural  elements,  including
    35  but  not  limited  to native re-vegetation or establishment of new vege-
    36  tation consistent with a natural shoreline typical of the  current  site
    37  location either:
    38    (A) under current conditions, or
    39    (B)  as  adjusted  for science-based state sea-level rise projections,
    40  utilizing the appropriate projection scenario at a time interval  appro-
    41  priate  for  the  anticipated  lifespan of the project but not less than
    42  twenty years after  the  anticipated  project  completion,  pursuant  to
    43  section 3-0319 of this title for such location.
    44    § 3. This act shall take effect immediately.