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

                                  6503

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2013
                               ___________

Introduced  by  M.  of A. MAYER, SCHIMEL, BUCHWALD, CROUCH, ENGLEBRIGHT,
  GABRYSZAK, JAFFEE, LAVINE, ORTIZ, RAIA, SKARTADOS,  SKOUFIS,  OTIS  --
  Multi-Sponsored by -- M. of A.  BRENNAN, COOK, GUNTHER, PERRY, RIVERA,
  SALADINO,  THIELE, WEISENBERG -- read once and referred to the Commit-
  tee 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 A  POPULATION  OF  LESS  THAN  ONE
MILLION PEOPLE TO IMPLEMENT FLOOD MITIGATION PLANS.
  2.  (A)  THE COMMISSIONER SHALL ESTABLISH THE ELIGIBILITY CRITERIA AND
DEVELOP AN APPLICATION PROCESS TO AWARD  GRANTS  TO  MUNICIPALITIES  FOR
FLOOD  CONTROL  AND  WATERSHED  MANAGEMENT PROJECTS; AND FOR THE CAPITAL
COSTS RELATED TO THE DESIGN, PURCHASE AND INSTALLATION OF FLOOD  WARNING
PROJECTS,  FLOOD  MITIGATION  PROJECTS,  FLOOD  RELIEF PROJECTS OR OTHER
RELATED PROJECTS.
  (B) THE COMMISSIONER MAY APPROVE ANY APPLICATION IN WHICH THE PROJECTS
DESCRIBED IN THE APPLICATION ARE (I)  CONSISTENT  WITH  THE  ELIGIBILITY
CRITERIA  ESTABLISHED  BY  THE COMMISSIONER PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION; (II) UNDERTAKEN  AS  PART  OF  A  COMPREHENSIVE  FLOOD
MANAGEMENT  PLAN  PREPARED AND ADOPTED BY SUCH MUNICIPALITY OR PART OF A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08495-05-3
              

A. 6503                             2

MULTI-MUNICIPAL PROJECT  AS  DESCRIBED  IN  SUBDIVISION  THREE  OF  THIS
SECTION; AND (III) NOT INCONSISTENT WITH ANY STATE-WIDE FLOOD MANAGEMENT
PLAN.
  (C) IF AN APPLICATION IS DISAPPROVED, THE COMMISSIONER SHALL SET FORTH
IN WRITING THE REASON FOR DISAPPROVAL.
  3.  RECOGNIZING  THAT  FLOOD  MITIGATION EFFORTS FREQUENTLY CROSS OVER
MUNICIPAL BOUNDARIES, THE COMMISSIONER SHALL ENCOURAGE MUNICIPALITIES TO
FILE JOINT APPLICATIONS FOR THE  FUNDING  OF  MULTI-MUNICIPAL  PROJECTS.
SUCH  PROJECTS  SHALL  REQUIRE  THAT ONE OR MORE ADJACENT MUNICIPALITIES
JOINTLY AGREE TO APPLY FOR CAPITAL FUNDING FOR PROJECTS THAT IMPACT  TWO
OR MORE MUNICIPALITIES, PROVIDED THAT THE GOVERNING BODY OF EACH MUNICI-
PALITY SHALL APPROVE THE MULTI-MUNICIPAL APPLICATION.
  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 ten million dollars ($10,000,000) 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. 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, 2023.