Bill Text: NY S06754 | 2017-2018 | General Assembly | Introduced

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Bill Title: Creates the upstate flood mitigation task force and grant program within the canal corporation to conduct studies on the impact of floods and on preventative or mitigation measures.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-11-29 - SIGNED CHAP.448 [S06754 Detail]

Download: New_York-2017-S06754-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6754
                               2017-2018 Regular Sessions
                    IN SENATE
                                      June 16, 2017
                                       ___________
        Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the canal law, in relation to the  upstate  flood  miti-
          gation  task  force;  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.  The  canal law is amended by adding a new article 13-B to
     2  read as follows:
     3                               ARTICLE XIII-B
     4                     UPSTATE FLOOD MITIGATION TASK FORCE
     5  Section 139. Upstate flood mitigation task force.
     6          139-a. Definitions.
     7          139-b. Task force composition.
     8          139-c. Task force duties and powers.
     9          139-d. Upstate flood mitigation grant program.
    10    § 139. Upstate flood mitigation task force. The  upstate  flood  miti-
    11  gation  task  force, referred to in this article as the "task force", is
    12  hereby established to identify reasonable measures that can be taken  to
    13  enhance  flood management and mitigation in the upstate flood mitigation
    14  region and to make recommendations and  provide  grant  assistance  with
    15  respect to such measures.
    16    § 139-a. Definitions. When used in this article:
    17    1. "Adaptive measures" means any adjustment, whether passive, reactive
    18  or anticipatory, that may be taken to ameliorate the anticipated adverse
    19  consequences associated with flood events.
    20    2.  "Flood  control  study  sector"  means  a particular aspect of the
    21  natural or built environment, economy, or society that could potentially
    22  be adversely impacted by flood events. Such term includes,  but  is  not
    23  limited  to, stream and river banks, locks and dams, wetlands and water-
    24  front  areas,  water  resources,  transportation  infrastructure,  water
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06862-12-7
        S. 6754                             2
     1  supply and wastewater infrastructure, human health, recreation, tourism,
     2  power generation and business, residential, farm and municipal sectors.
     3    3.  "Flood  event"  means  an overflow or inundation that comes from a
     4  river or other body of water, whether caused by rainfall, waterway oper-
     5  ation, dam break, water runoff or other means, and causes  or  threatens
     6  damage.
     7    4.  "Canal  system"  shall mean the canal waterways, lands and infras-
     8  tructure as set out in section two of this chapter.
     9    5. "Upstate flood mitigation region" or "region" shall include a coun-
    10  ty, except a county wholly encompassed by a city and any county  with  a
    11  population of one million or more.
    12    §  139-b.  Task  force composition. 1. The task force shall consist of
    13  nine members, including the  director  of  the  canal  corporation,  the
    14  commissioner of transportation, the director of the division of homeland
    15  security  and  emergency  services and the commissioner of environmental
    16  conservation; and five additional members who shall be from outside  the
    17  public  offices  listed  in this section and who shall have professional
    18  experience in one of the following fields: hydrology, civil engineering,
    19  climatology, emergency management and soil and water conservation. Three
    20  of the additional members shall be appointed by  the  governor  and  one
    21  each  of  the  remaining  additional  members  shall be appointed by the
    22  temporary president of the senate and the speaker of the assembly.
    23    2. The task force shall appoint a chairperson from among its members.
    24    3. The members of the task force shall  receive  no  compensation  for
    25  their services, but shall be allowed their actual and necessary expenses
    26  incurred in the performance of their duties.
    27    §  139-c.  Task  force  duties  and powers. The role of the task force
    28  shall include but not be limited to:
    29    1. Conducting an in-depth examination, presented as a public report no
    30  later than six months from the date the task force  is  established,  of
    31  flood control study sectors and issues related to floodplain management,
    32  debris  management,  flood  control  and flood mitigation in the upstate
    33  flood mitigation region including:
    34    (a) the cost or impact of flooding over the last five years  to  agri-
    35  culture;  transportation;  land  use; public health; insurance; economic
    36  sectors such as tourism, recreation and power  generation;  as  well  as
    37  impacts  on  infrastructure  including  bridges,  low lying roads, dams,
    38  locks, roads, water and wastewater treatment plants and docks;
    39    (b) an assessment of canal system operation procedures and plans which
    40  may have a direct or indirect  impact  on  flood  mitigation  and  flood
    41  management  including,  but  not  limited to debris management, communi-
    42  cation, water management and flood response; and
    43    (c) a listing of adaptive measures, with associated costs, that  could
    44  be  executed  to  mitigate  flood  damages, including but not limited to
    45  feasible   floodplain   management   activities,   debris    management,
    46  construction  of flood control structures, construction of communication
    47  systems and flood mitigation education for public and  private  landown-
    48  ers.
    49    2. Establishing an upstate flood mitigation grant program based on the
    50  task force's evaluation pursuant to section one hundred thirty-nine-d of
    51  this  article  which  is subject to appropriations to fund grants within
    52  the upstate flood mitigation region to prevent and mitigate flood damage
    53  within the region. Such program shall work in conjunction with  existing
    54  flood  assistance  grant  programs  and  supplement  existing efforts by
    55  providing funds for adaptive measures to mitigate or eliminate  a  flood
    56  event.
        S. 6754                             3
     1    3.  Holding  public hearings as it deems necessary to solicit relevant
     2  information and gather current research and data related to flooding and
     3  flood mitigation in the region as well as recommendations to fulfill the
     4  purposes of this article. The task force shall consult with  the  county
     5  offices  of  emergency  management,  county  soil and water conservation
     6  districts and all other federal,  state  and  local  entities  it  deems
     7  necessary  to  fulfill  the purposes of this article. In determining the
     8  number of public hearings to be held, the task  force  shall  act  dili-
     9  gently  in  order to meet the timeframe for first cycle awards under the
    10  upstate flood mitigation grant program established  within  section  one
    11  hundred thirty-nine-d of this article.
    12    4.  The  task  force shall have the power to: (a) contract for profes-
    13  sional and technical assistance and advice; (b) contract for and  accept
    14  assistance  including,  but not limited to gifts, grants, easements, and
    15  loans of funds, real property and personal  property  from  the  federal
    16  government  or  any  agency or instrumentality of the state, or from any
    17  other public or private source to comply, subject to the  provisions  of
    18  this  article,  with  the  terms  and conditions thereof, subject to the
    19  approval of the division of budget; (c) hold public  hearings;  and  (d)
    20  establish  an  upstate flood mitigation grant program to be administered
    21  by the canal corporation and based on the task  force's  evaluation,  to
    22  fund  grants  within  the upstate flood mitigation region to prevent and
    23  mitigate flood damage within the region.
    24    5. Upon the request of the task force, all  executive  departments  of
    25  the  state  and  the canal corporation shall provide the task force with
    26  such facilities, assistance and data as will enable the  task  force  to
    27  carry  out  its  powers and duties.  Additionally, all other agencies of
    28  the state or subdivisions thereof shall, at the request  of  the  chair,
    29  provide  the  task  force  with such facilities, assistance, and data as
    30  will enable the task force to carry out its powers and duties.
    31    § 139-d. Upstate flood mitigation grant program.  1.  The  task  force
    32  shall establish an upstate flood mitigation grant program to be adminis-
    33  tered  by the canal corporation based on the task force's in-depth exam-
    34  ination of flood control study sectors and issues related to  floodplain
    35  management, debris management, flood control and flood mitigation in the
    36  upstate flood mitigation region.  Such grant program shall be subject to
    37  appropriations.
    38    2.  The  task force shall establish the upstate flood mitigation grant
    39  program structure that shall be administered by the  canal  corporation.
    40  Such  program  structure shall include, but not be limited to, the defi-
    41  nition of eligible recipients,  the  definition  of  eligible  projects,
    42  project  application  process,  program  maximum  project award amounts,
    43  project cost sharing parameters and program funding cycles.
    44    § 2. 1. The appointment of upstate flood mitigation task force members
    45  shall be completed within ninety days of the effective date of this act.
    46    2. The task force shall complete the duties  required  under  sections
    47  139-c  and 139-d of the canal law, within one year of the appointment of
    48  task force members.
    49    § 3. This act shall take effect immediately; provided,  however,  that
    50  section  139-d  of  the  canal law, as added by section one of this act,
    51  shall take effect April 1, 2018; and provided, further,  that  this  act
    52  shall expire and be deemed repealed March 31, 2020.