S T A T E   O F   N E W   Y O R K
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                                  6004

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            December 6, 2013
                               ___________

Introduced  by  Sens.  VALESKY,  FARLEY,  GRIFFO, O'MARA, SEWARD -- 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 to amend the state finance law, in  relation  to
  creating  the  upstate  flood  mitigation  fund; and providing for the
  repeal of certain provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  canal law is amended by adding a new article 13-b to
read as follows:
                              ARTICLE 13-B
                   UPSTATE FLOOD MITIGATION TASK FORCE
SECTION 139. UPSTATE FLOOD MITIGATION TASK FORCE.
        139-A. DEFINITIONS.
        139-B. TASK FORCE COMPOSITION.
        139-C. TASK FORCE DUTIES AND POWERS.
        139-D. UPSTATE FLOOD MITIGATION GRANT PROGRAM.
  S 139. UPSTATE FLOOD MITIGATION TASK FORCE. THE  UPSTATE  FLOOD  MITI-
GATION  TASK  FORCE, REFERRED TO IN THIS ARTICLE AS THE "TASK FORCE", IS
HEREBY ESTABLISHED TO IDENTIFY REASONABLE MEASURES THAT CAN BE TAKEN  TO
ENHANCE  FLOOD MANAGEMENT AND MITIGATION IN THE UPSTATE FLOOD MITIGATION
REGION AND TO MAKE RECOMMENDATIONS AND  PROVIDE  GRANT  ASSISTANCE  WITH
RESPECT TO SUCH MEASURES.
  S 139-A. DEFINITIONS. WHEN USED IN THIS ARTICLE:
  1. "ADAPTIVE MEASURES" MEANS ANY ADJUSTMENT, WHETHER PASSIVE, REACTIVE
OR ANTICIPATORY, THAT MAY BE TAKEN TO AMELIORATE THE ANTICIPATED ADVERSE
CONSEQUENCES ASSOCIATED WITH FLOOD EVENTS.
  2.  "FLOOD  CONTROL  STUDY  SECTOR"  MEANS  A PARTICULAR ASPECT OF THE
NATURAL OR BUILT ENVIRONMENT, ECONOMY, OR SOCIETY THAT COULD POTENTIALLY
BE ADVERSELY IMPACTED BY FLOOD EVENTS. SUCH TERM INCLUDES,  BUT  IS  NOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13195-01-3
              

S. 6004                             2

LIMITED  TO, STREAM AND RIVER BANKS, LOCKS AND DAMS, WETLANDS AND WATER-
FRONT  AREAS,  WATER  RESOURCES,  TRANSPORTATION  INFRASTRUCTURE,  WATER
SUPPLY AND WASTEWATER INFRASTRUCTURE, HUMAN HEALTH, RECREATION, TOURISM,
POWER GENERATION AND BUSINESS, RESIDENTIAL, FARM AND MUNICIPAL SECTORS.
  3.  "FLOOD  EVENT"  MEANS  AN OVERFLOW OR INUNDATION THAT COMES FROM A
RIVER OR OTHER BODY OF WATER, WHETHER CAUSED BY RAINFALL, WATERWAY OPER-
ATION, DAM BREAK, WATER RUNOFF OR OTHER MEANS, AND CAUSES  OR  THREATENS
DAMAGE.
  4.  "CANAL  SYSTEM"  SHALL MEAN THE CANAL WATERWAYS, LANDS AND INFRAS-
TRUCTURE AS SET OUT IN SECTION TWO OF THIS CHAPTER.
  5. "UPSTATE FLOOD MITIGATION REGION" SHALL INCLUDE A COUNTY, EXCEPT  A
COUNTY  WHOLLY ENCOMPASSED BY A CITY AND ANY COUNTY WITH A POPULATION OF
ONE MILLION OR MORE.
  S 139-B. TASK FORCE COMPOSITION. 1. THE TASK FORCE  SHALL  CONSIST  OF
THE  DIRECTOR  OF THE CANAL CORPORATION, THE COMMISSIONER OF TRANSPORTA-
TION, THE DIRECTOR OF THE DIVISION OF HOMELAND  SECURITY  AND  EMERGENCY
SERVICES;  AND  FIVE  ADDITIONAL  MEMBERS  WHO SHALL BE FROM OUTSIDE THE
PUBLIC OFFICES LISTED IN THIS SECTION AND WHO  SHALL  HAVE  PROFESSIONAL
EXPERIENCE  IN  THE FIELDS OF HYDROLOGY, CIVIL ENGINEERING, CLIMATOLOGY,
EMERGENCY MANAGEMENT AND SOIL AND WATER CONSERVATION. THE GOVERNOR SHALL
APPOINT THREE OF THE FIVE ADDITIONAL MEMBERS AND THE TEMPORARY PRESIDENT
OF THE SENATE AND SPEAKER OF THE ASSEMBLY SHALL EACH APPOINT ONE OF EACH
OF THE FIVE ADDITIONAL MEMBERS.
  2. THE TASK FORCE SHALL APPOINT A CHAIRPERSON FROM AMONG ITS MEMBERS.
  3. THE MEMBERS OF THE TASK FORCE SHALL  RECEIVE  NO  COMPENSATION  FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  4.  TO  HELP  ENSURE  THE  TASK FORCE'S RECEIPT OF A COMPREHENSIVE AND
DIVERSE ARRAY OF VIEWS, THE TASK FORCE SHALL HOLD PUBLIC HEARINGS AS  IT
DEEMS  NECESSARY  TO  SOLICIT  RELEVANT  INFORMATION  AND GATHER CURRENT
RESEARCH AND DATA RELATED TO FLOODING AND FLOOD MITIGATION IN THE REGION
AS WELL AS RECOMMENDATIONS TO FULFILL THE PURPOSES OF THIS ARTICLE.  THE
TASK  FORCE  SHALL  CONSULT WITH THE COUNTY OFFICES OF EMERGENCY MANAGE-
MENT. IN DETERMINING THE NUMBER OF PUBLIC HEARINGS TO BE HELD  THE  TASK
FORCE SHALL REMAIN COGNIZANT OF ITS DUTY TO MEET THE TIMEFRAME FOR FIRST
CYCLE  AWARDS  UNDER  THE  UPSTATE  FLOOD MITIGATION PROGRAM ESTABLISHED
WITHIN SECTION ONE HUNDRED THIRTY-NINE-D OF THIS ARTICLE.
  S 139-C. TASK FORCE DUTIES AND POWERS. THE  ROLE  OF  THE  TASK  FORCE
INCLUDES, BUT IS NOT LIMITED TO:
  1. CONDUCTING AN IN-DEPTH EXAMINATION, PRESENTED AS A PUBLIC REPORT NO
LATER  THAN  SIX  MONTHS FROM THE DATE THE TASK FORCE IS ESTABLISHED, OF
FLOOD CONTROL STUDY SECTORS AND ISSUES RELATED TO FLOODPLAIN MANAGEMENT,
DEBRIS MANAGEMENT, FLOOD CONTROL AND FLOOD  MITIGATION  IN  THE  UPSTATE
FLOOD MITIGATION REGION INCLUDING:
  (A)  THE  COST IMPACT OF FLOODING OVER THE LAST FIVE YEARS ON AGRICUL-
TURE; TRANSPORTATION; LAND USE; HEALTH; INSURANCE; ECONOMIC SECTORS SUCH
AS TOURISM, RECREATION AND POWER  GENERATION;  AS  WELL  AS  IMPACTS  ON
INFRASTRUCTURE  INCLUDING  BRIDGES, LOW LYING ROADS, DAMS, LOCKS, CAUSE-
WAYS, WATER AND WASTEWATER TREATMENT PLANTS AND DOCKS;
  (B) AN ASSESSMENT OF CANAL OPERATION PROCEDURES AND  PLANS  WHICH  MAY
HAVE  A  DIRECT OR INDIRECT IMPACT ON FLOOD MITIGATION AND FLOOD MANAGE-
MENT INCLUDING, BUT NOT LIMITED  TO  DEBRIS  MANAGEMENT,  COMMUNICATION,
WATER MANAGEMENT AND FLOOD RESPONSE; AND
  (C) A LISTING OF ADAPTIVE MEASURES, WITH ASSOCIATED COSTS, THAT CAN BE
TAKEN  TO  MITIGATE FLOOD DAMAGES, INCLUDING BUT NOT LIMITED TO FEASIBLE
FLOODPLAIN  MANAGEMENT  ACTIVITIES,  DEBRIS  MANAGEMENT,  FLOOD  CONTROL

S. 6004                             3

STRUCTURES,  COMMUNICATION  SYSTEMS  AND  FLOOD MITIGATION EDUCATION FOR
PUBLIC AND PRIVATE LANDOWNERS.
  2. ESTABLISHING AN UPSTATE FLOOD MITIGATION GRANT PROGRAM BASED ON THE
TASK FORCE'S EVALUATION PURSUANT TO SECTION ONE HUNDRED THIRTY-NINE-D OF
THIS  ARTICLE WHICH UTILIZES EXISTING AVAILABLE FEDERAL AND STATE MONIES
TO FUND GRANTS WITHIN THE UPSTATE FLOOD MITIGATION REGION TO PREVENT AND
MITIGATE FLOOD DAMAGE WITHIN THE REGION.  SUCH  PROGRAM  SHALL  WORK  IN
CONJUNCTION WITH EXISTING FLOOD ASSISTANCE GRANT PROGRAMS AND SUPPLEMENT
EXISTING EFFORTS BY PROVIDING FUNDS FOR ADAPTIVE MEASURES TO MITIGATE OR
ELIMINATE A FLOOD EVENT.
  3.  THE  TASK  FORCE SHALL HAVE THE POWER TO: (A) CONTRACT FOR PROFES-
SIONAL AND TECHNICAL ASSISTANCE AND ADVICE; (B) CONTRACT FOR AND  ACCEPT
ASSISTANCE  INCLUDING,  BUT NOT LIMITED TO GIFTS, GRANTS, EASEMENTS, AND
LOANS OF FUNDS, REAL PROPERTY AND PERSONAL  PROPERTY  FROM  THE  FEDERAL
GOVERNMENT  OR  ANY  AGENCY OR INSTRUMENTALITY OF THE STATE, OR FROM ANY
OTHER PUBLIC OR PRIVATE SOURCE TO COMPLY, SUBJECT TO THE  PROVISIONS  OF
THIS  ARTICLE,  WITH  THE  TERMS  AND CONDITIONS THEREOF, SUBJECT TO THE
APPROVAL OF THE DIVISION OF BUDGET. NOTWITHSTANDING  THE  PROVISIONS  OF
SECTION  ELEVEN  OF  THE  STATE  FINANCE  LAW, THE TASK FORCE MAY ACCEPT
GIFTS, GRANTS, DEVISES AND BEQUESTS,  WHETHER  CONDITIONAL  OR  UNCONDI-
TIONAL  WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET; (C) HOLD PUBLIC
HEARINGS; AND (D) ESTABLISH AN UPSTATE FLOOD MITIGATION GRANT PROGRAM TO
BE ADMINISTERED BY THE CANAL CORPORATION AND BASED ON THE  TASK  FORCE'S
EVALUATION WHICH UTILIZES EXISTING AVAILABLE FEDERAL AND STATE MONIES TO
FUND  GRANTS  WITHIN  THE UPSTATE FLOOD MITIGATION REGION TO PREVENT AND
MITIGATE FLOOD DAMAGE WITHIN THE REGION.
  4. ALL EXECUTIVE DEPARTMENTS OF THE STATE AND  THE  CANAL  CORPORATION
SHALL  PROVIDE  THE TASK FORCE WITH SUCH FACILITIES, ASSISTANCE AND DATA
AS WILL ENABLE THE TASK FORCE TO CARRY OUT ITS POWERS AND DUTIES.  ADDI-
TIONALLY, ALL OTHER AGENCIES OF THE STATE OR SUBDIVISIONS THEREOF SHALL,
AT THE REQUEST OF THE CHAIR, PROVIDE THE TASK FORCE  WITH  SUCH  FACILI-
TIES,  ASSISTANCE,  AND  DATA AS WILL ENABLE THE TASK FORCE TO CARRY OUT
ITS POWERS AND DUTIES.
  S 139-D. UPSTATE FLOOD MITIGATION GRANT PROGRAM.  1.  THE  TASK  FORCE
SHALL ESTABLISH AN UPSTATE FLOOD MITIGATION GRANT PROGRAM TO BE ADMINIS-
TERED  BY THE CANAL CORPORATION BASED ON THE TASK FORCE'S IN-DEPTH EXAM-
INATION OF FLOOD CONTROL STUDY SECTORS AND ISSUES RELATED TO  FLOODPLAIN
MANAGEMENT, DEBRIS MANAGEMENT, FLOOD CONTROL AND FLOOD MITIGATION IN THE
UPSTATE FLOOD MITIGATION REGION.
  2.  THE  TASK FORCE SHALL ESTABLISH THE UPSTATE FLOOD MITIGATION GRANT
PROGRAM STRUCTURE THAT SHALL BE ADMINISTERED BY THE  CANAL  CORPORATION.
SUCH  PROGRAM  STRUCTURE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE DEFI-
NITION OF ELIGIBLE  RECIPIENTS,  PROJECT  APPLICATION  PROCESS,  PROGRAM
MAXIMUM  PROJECT  AWARD  AMOUNTS,  PROJECT  COST  SHARING PARAMETERS AND
PROGRAM FUNDING CYCLES. IT IS FURTHER PROVIDED, HOWEVER, THAT THE  FIRST
FUNDING  CYCLE  UNDER THIS PROGRAM SHALL BE AVAILABLE FOR AWARD TO GRANT
RECIPIENTS DURING THE TWO THOUSAND FOURTEEN-FIFTEEN STATE FISCAL YEAR.
  S 2. The state finance law is amended by adding a new section 99-v  to
read as follows:
  S  99-V. UPSTATE FLOOD MITIGATION FUND.  1. THERE IS HEREBY CREATED IN
THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE  AND  THE
STATE  COMPTROLLER  A  FUND TO BE KNOWN AS THE "UPSTATE FLOOD MITIGATION
FUND".
  2. THE UPSTATE FLOOD MITIGATION FUND SHALL CONSIST  OF  MONIES  TRANS-
FERRED  ANNUALLY  BY  THE DIRECTOR OF THE BUDGET FROM EXISTING AVAILABLE

S. 6004                             4

FEDERAL AND STATE FUNDS PURSUANT TO  A  FIVE-YEAR  SCHEDULE  ESTABLISHED
WITHIN THE TWO THOUSAND FOURTEEN-FIFTEEN EXECUTIVE BUDGET.
  3.  MONEYS  IN  THE  FUND SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE
COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE  COMMISSIONER  OF
TAXATION  AND  FINANCE  AND  THE STATE COMPTROLLER. ALL DEPOSITS OF SUCH
MONEY SHALL, IF REQUIRED BY THE COMPTROLLER, BE SECURED  BY  OBLIGATIONS
OF  THE UNITED STATES OR OF THE STATE OF MARKET VALUE EQUAL AT ALL TIMES
TO THE AMOUNT OF THE DEPOSIT AND  ALL  BANKS  AND  TRUST  COMPANIES  ARE
AUTHORIZED TO GIVE SUCH SECURITIES FOR DEPOSIT.
  4.  MONEYS  OF THE FUND SHALL BE AVAILABLE FOR THE FINANCING OF GRANTS
MADE UNDER THE  UPSTATE  FLOOD  MITIGATION  PROGRAM  AS  ESTABLISHED  IN
SECTION ONE HUNDRED THIRTY-NINE-D OF THE CANAL LAW.
  S 3. 1. The appointment of upstate flood mitigation task force members
shall be completed within one month of the effective date of this act.
  2.  The  task  force shall complete the duties required under sections
139-c and 139-d of the canal law, within six months of  the  appointment
of task force members.
  S  4.  This  act shall take effect immediately; provided that sections
139, 139-b and 139-c of the canal law, as added by section one  of  this
act, shall expire and be deemed repealed on March 31, 2015.