S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2184
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of A. MAYER, SKOUFIS, BUCHWALD, CROUCH, ENGLEBRIGHT,
   JAFFEE, ORTIZ, RAIA, SKARTADOS,  OTIS,  ABINANTI,  MONTESANO,  KEARNS,
   BRABENEC,  SALADINO  --  Multi-Sponsored by -- M. of A. COOK, GUNTHER,
   LOPEZ, PERRY, RIVERA, SIMON, THIELE -- 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".
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 16-0121 to read as follows:
 § 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.
              

                                                            LBD02490-01-7

 A. 2184                             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.
   §  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.
   § 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, 2027.