S T A T E   O F   N E W   Y O R K
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                                   44

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  LATIMER,  GUNTHER, MARKEY, SCHIMEL, LANCMAN,
  LUPARDO, PAULIN -- Multi-Sponsored by -- M. of  A.  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.
                                                           LBD00289-01-1
              

A. 44                               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, 2022.