S T A T E O F N E W Y O R K
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6716--A
2017-2018 Regular Sessions
I N A S S E M B L Y
March 16, 2017
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Introduced by M. of A. STIRPE -- read once and referred to the Committee
on Corporations, Authorities and Commissions -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the canal law, in relation to the upstate flood miti-
gation task force; to amend the state finance law, in relation to
creating the upstate flood mitigation fund; 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. The canal law is amended by adding a new article 13-B to
read as follows:
ARTICLE XIII-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.
§ 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.
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06862-08-7
A. 6716--A 2
BE ADVERSELY IMPACTED BY FLOOD EVENTS. SUCH TERM INCLUDES, BUT IS NOT
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" OR "REGION" SHALL INCLUDE A COUN-
TY, EXCEPT A COUNTY WHOLLY ENCOMPASSED BY A CITY AND ANY COUNTY WITH A
POPULATION OF ONE MILLION OR MORE.
§ 139-B. TASK FORCE COMPOSITION. 1. THE TASK FORCE SHALL CONSIST OF
NINE MEMBERS, INCLUDING THE DIRECTOR OF THE CANAL CORPORATION, THE
COMMISSIONER OF TRANSPORTATION, THE DIRECTOR OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES AND THE COMMISSIONER OF ENVIRONMENTAL
CONSERVATION; AND FIVE ADDITIONAL MEMBERS WHO SHALL BE FROM OUTSIDE THE
PUBLIC OFFICES LISTED IN THIS SECTION AND WHO SHALL HAVE PROFESSIONAL
EXPERIENCE IN ONE OF THE FOLLOWING FIELDS: HYDROLOGY, CIVIL ENGINEERING,
CLIMATOLOGY, EMERGENCY MANAGEMENT AND SOIL AND WATER CONSERVATION. THREE
OF THE ADDITIONAL MEMBERS SHALL BE APPOINTED BY THE GOVERNOR AND ONE
EACH OF THE REMAINING ADDITIONAL MEMBERS SHALL BE APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.
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.
§ 139-C. TASK FORCE DUTIES AND POWERS. THE ROLE OF THE TASK FORCE
SHALL INCLUDE BUT NOT BE 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 OR IMPACT OF FLOODING OVER THE LAST FIVE YEARS TO AGRI-
CULTURE; TRANSPORTATION; LAND USE; PUBLIC HEALTH; INSURANCE; ECONOMIC
SECTORS SUCH AS TOURISM, RECREATION AND POWER GENERATION; AS WELL AS
IMPACTS ON INFRASTRUCTURE INCLUDING BRIDGES, LOW LYING ROADS, DAMS,
LOCKS, ROADS, WATER AND WASTEWATER TREATMENT PLANTS AND DOCKS;
(B) AN ASSESSMENT OF CANAL SYSTEM OPERATION PROCEDURES AND PLANS WHICH
MAY HAVE A DIRECT OR INDIRECT IMPACT ON FLOOD MITIGATION AND FLOOD
MANAGEMENT INCLUDING, BUT NOT LIMITED TO DEBRIS MANAGEMENT, COMMUNI-
CATION, WATER MANAGEMENT AND FLOOD RESPONSE; AND
(C) A LISTING OF ADAPTIVE MEASURES, WITH ASSOCIATED COSTS, THAT COULD
BE EXECUTED TO MITIGATE FLOOD DAMAGES, INCLUDING BUT NOT LIMITED TO
FEASIBLE FLOODPLAIN MANAGEMENT ACTIVITIES, DEBRIS MANAGEMENT,
CONSTRUCTION OF FLOOD CONTROL STRUCTURES, CONSTRUCTION OF COMMUNICATION
SYSTEMS AND FLOOD MITIGATION EDUCATION FOR PUBLIC AND PRIVATE LANDOWN-
ERS.
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
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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. HOLDING 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 MANAGEMENT, COUNTY SOIL AND WATER CONSERVATION
DISTRICTS AND ALL OTHER FEDERAL, STATE AND LOCAL ENTITIES IT DEEMS
NECESSARY TO FULFILL THE PURPOSES OF THIS ARTICLE. IN DETERMINING THE
NUMBER OF PUBLIC HEARINGS TO BE HELD, THE TASK FORCE SHALL ACT DILI-
GENTLY IN ORDER TO MEET THE TIMEFRAME FOR FIRST CYCLE AWARDS UNDER THE
UPSTATE FLOOD MITIGATION GRANT PROGRAM ESTABLISHED WITHIN SECTION ONE
HUNDRED THIRTY-NINE-D OF THIS ARTICLE.
4. 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; (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; AND (E) DEPOSIT SUCH GIFTS,
GRANTS, DEVISES AND BEQUESTS FROM ANY SOURCE INTO THE UPSTATE FLOOD
MITIGATION FUND AS ESTABLISHED IN SECTION NINETY-NINE-BB OF THE STATE
FINANCE LAW.
5. UPON THE REQUEST OF THE TASK FORCE, 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. ADDITIONALLY, ALL OTHER AGENCIES OF
THE STATE OR SUBDIVISIONS THEREOF SHALL, AT THE REQUEST OF THE CHAIR,
PROVIDE THE TASK FORCE WITH SUCH FACILITIES, ASSISTANCE, AND DATA AS
WILL ENABLE THE TASK FORCE TO CARRY OUT ITS POWERS AND DUTIES.
§ 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. SUCH GRANT PROGRAM SHALL UTILIZE MONEY
AVAILABLE FROM THE UPSTATE FLOOD MITIGATION FUND AS ESTABLISHED IN
SECTION NINETY-NINE-BB OF THE STATE FINANCE LAW.
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, THE DEFINITION OF ELIGIBLE PROJECTS,
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
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PROGRAM SHALL BE AVAILABLE FOR AWARD TO GRANT RECIPIENTS DURING THE TWO
THOUSAND SEVENTEEN-EIGHTEEN STATE FISCAL YEAR.
§ 2. The state finance law is amended by adding a new section 99-bb to
read as follows:
§ 99-BB. 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 APPROPRI-
ATED, CREDITED OR TRANSFERRED FROM EXISTING AVAILABLE FEDERAL AND STATE
FUNDS.
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 PURPOSES OF THE
UPSTATE FLOOD MITIGATION TASK FORCE AS ESTABLISHED IN ARTICLE THIRTEEN-B
OF THE CANAL LAW, INCLUDING FOR THE FINANCING OF GRANTS MADE UNDER THE
UPSTATE FLOOD MITIGATION GRANT PROGRAM AS ESTABLISHED IN SECTION ONE
HUNDRED THIRTY-NINE-D OF THE CANAL LAW.
§ 3. 1. The appointment of upstate flood mitigation task force members
shall be completed within ninety days 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 one year of the appointment of
task force members.
§ 4. This act shall take effect immediately; provided, however, that
sections one, two and three of this act shall expire and be deemed
repealed March 31, 2023; and provided, further, 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 March 31, 2020.