S T A T E   O F   N E W   Y O R K
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                                   198

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  LATIMER,  BRODSKY,  GORDON, GUNTHER, FIELDS,
  MARKEY, SCHIMEL, LANCMAN, LUPARDO, PAULIN -- Multi-Sponsored by --  M.
  of A. GREENE, V. LOPEZ, MAISEL, McENENY, PHEFFER, REILLY, WEINSTEIN --
  read once and referred to the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  enacting the New York state comprehensive flood mitigation grant  act;
  making  an appropriation therefor 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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York state comprehensive flood mitigation grant act."
  S 2. The environmental conservation law is amended  by  adding  a  new
section 16-0121 to read as follows:
S 16-0121. COMPREHENSIVE FLOOD MITIGATION GRANT PROGRAM.
  1.  THE COMMISSIONER SHALL ESTABLISH A PROGRAM WHICH SHALL BE KNOWN AS
THE "COMPREHENSIVE FLOOD MITIGATION GRANT PROGRAM." THE PURPOSE OF  THIS
PROGRAM  IS TO AID MUNICIPALITIES WITH POPULATIONS LESS THAN ONE MILLION
PEOPLE TO IMPLEMENT FLOOD MITIGATION PLANS.
  2. SUBJECT TO THE APPROVAL OF THE  COMMISSIONER,  THE  DEPARTMENT  MAY
PROVIDE  GRANTS  TO MUNICIPALITIES AS DEFINED IN SUBDIVISION ONE OF THIS
SECTION FOR FLOOD CONTROL AND WATERSHED MANAGEMENT PROJECTS, AND FOR THE
CAPITAL COSTS RELATED TO THE DESIGN, PURCHASE AND INSTALLATION OF  AUTO-
MATED  FLOOD WARNING PROJECTS, PROVIDED THAT THE PROJECTS ARE CONSISTENT
WITH THE PLANS AND IMPLEMENTATION PREPARED  AND  ADOPTED  IN  ACCORDANCE
WITH  THIS SECTION AND PROVIDED FURTHER THAT EACH PROJECT: (A) IS UNDER-
TAKEN AS PART OF A COMPREHENSIVE  FLOOD  MANAGEMENT  PLAN  PREPARED  AND
ADOPTED BY SUCH MUNICIPALITY; AND (B) IS NOT INCONSISTENT WITH ANY STATE
INTERJURISDICTIONAL FLOOD MANAGEMENT PLAN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01142-01-9
              

A. 198                              2

  3. THE COMMISSIONER SHALL HAVE THE POWER TO SET GUIDELINES AND PARAME-
TERS  FOR  ANY PROJECTS UNDER CONSIDERATION. THE COMMISSIONER SHALL HAVE
POWER TO SET  GRANT  APPLICATION  PROCEDURES.  ANY  COMPREHENSIVE  FLOOD
MANAGEMENT  PLAN  WHICH  INCLUDES  A  PROJECT  FOR WHICH GRANT FUNDS ARE
REQUESTED  UNDER  THIS  SECTION IS SUBJECT TO REVIEW AND APPROVAL BY THE
DEPARTMENT. IF THE PLAN IS DISAPPROVED, THE COMMISSIONER SHALL SET FORTH
IN WRITING THE REASON FOR DISAPPROVAL. DISAPPROVAL OF A  PLAN  SHALL  BE
BASED ONLY ON FLOOD MANAGEMENT CONSIDERATIONS.
  4.  THE DEPARTMENT AND ELIGIBLE MUNICIPALITIES SHALL COORDINATE ACTIV-
ITIES UNDER THIS SECTION  WITH  ALL  RELATED  STATE  AND  FEDERAL  FLOOD
PROGRAMS.
  S  3. The sum of five million dollars ($5,000,000) is hereby appropri-
ated to the department of environmental conservation out of  any  moneys
in  the  state  treasury  in the general fund to the credit of the state
purposes account,  not  otherwise  appropriated,  and  made  immediately
available,  for  the purpose of carrying out the provisions of this act.
Such moneys shall be payable on the audit and warrant of the comptroller
on vouchers certified or approved by the commissioner of the  department
of environmental conservation in the manner prescribed by law.
  S 4. A study shall be taken by the department of environmental conser-
vation pursuant to section 8-0109 of the environmental conservation law.
A report of how such department will set up projects and implement rules
shall  be  delivered  to the legislature no later than 90 days after the
effective date of this section.
  S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law and  shall  expire  and  be  deemed  repealed
December 31, 2020.