NY State Senate Bill 2017-S6595

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation
Jun 06, 2017	referred to rules

2017-S6595 (ACTIVE) - Details

See Assembly Version of this Bill:: A7263
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §54-1523, add §54-1525, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7736, A10187
2019-2020: A2524
2021-2022: A4245

2017-S6595 (ACTIVE) - Summary

Relates to enhancing the state's flood mitigation and coastal resiliency activities; establishes a restriction on alienation.

2017-S6595 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6595

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
enhancing the state's flood mitigation and coastal resiliency
activities

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to provide additional options for
climate change programs funded by the Environmental Protection Fund
(EPF).

 SUMMARY OF PROVISIONS :

This bill would amend title 15 of article 54 of the ECL to allow
funding from the EPF to be used for land acquisition, and to establish
procedures for the alienation of such lands.

 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE) :

 JUSTIFICATION :

Climate change will increase extreme weather events and risk of
coastal and inland funding. The 2016-17 State budget authorized, for

the first time, funding from the EPF to be used for climate change
mitigation and adaptation projects, including flood mitigation and
coastal resiliency activities. However, the funding authorization did
not include land acquisition and alienation provisions.

Land acquisition is an important component of climate change
mitigation and adaptation in light of its importance in helping to
protect drinking water supplies and enhance flood mitigation and
coastal resiliency options. This legislation would allow the EPF
climate change monies to be used for land acquisition and, as is
required with other EPF land monies, include alienation requirements
in cases where such land ceases to be used for climate change
purposes.

 PRIOR LEGISLATIVE HISTORY :

2015-16: A10187 referred to ways and means/S7736 REFERRED TO ENCON
2017-18: A7263 referred to ways and means

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6595 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6595
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 6, 2017
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   enhancing  the  state's flood mitigation and coastal resiliency activ-
   ities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 54-1523 of the environmental conservation law, as
 added by section 5 of part U of chapter 58  of  the  laws  of  2016,  is
 amended to read as follows:
 § 54-1523. Climate adaptation and mitigation projects.
   1.  The  commissioner is authorized to provide on a competitive basis,
 within amounts appropriated, state assistance payments to a municipality
 toward the cost of any climate adaptation or mitigation  projects.  Such
 projects shall include:
   a.  the  construction  of natural resiliency measures, conservation or
 restoration of riparian areas and tidal marsh migration areas;
   b. nature-based solutions such as wetland protections to address phys-
 ical climate risk due to sea level  rise,  and/or  storm  surges  and/or
 flooding,  based  on  available data predicting the likelihood of future
 extreme weather events, including hazard risk analysis data if  applica-
 ble;
   c.  relocation  or  retrofit of facilities to address physical climate
 risk due to sea level rise, and/or storm surges and/or flooding based on
 available data predicting  the  likelihood  of  future  extreme  weather
 events, including hazard risk analysis data if applicable;
   d. flood risk reduction;
   e. greenhouse gas emission reductions outside the power sector;
   f.  enabling  communities  to become certified under the climate smart
 communities program, including by developing natural resources  invento-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05579-01-7

 S. 6595                             2
 
 ries, right sizing of municipal fleets and developing climate adaptation
 strategies; [and]
   g.  climate change adaptation planning and supporting studies, includ-
 ing but not limited to vulnerability assessment  and  risk  analysis  of
 municipal drinking water, wastewater, and transportation infrastructure;
 AND
   H. LAND ACQUISITION, INCLUDING BUT NOT LIMITED TO FLOOD MITIGATION AND
 COASTAL  RIPARIAN  RESILIENCY;  PROVIDED,  HOWEVER,  NO  MONIES SHALL BE
 EXPENDED FOR ACQUISITION BY EMINENT DOMAIN.
   2. To the fullest extent practicable, it is the policy of the state to
 promote an equitable regional distribution  of  climate  adaptation  and
 mitigation  projects,  consistent with the purpose of this title, taking
 into account regional differences in climate change risks, socioeconomic
 conditions and ecological resources.
   [3. No monies shall be expended for land acquisition.]
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 54-1525 to read as follows:
 § 54-1525. RESTRICTION ON ALIENATION.
   REAL PROPERTY ACQUIRED, DEVELOPED, IMPROVED, RESTORED OR REHABILITATED
 BY  A  MUNICIPALITY  PURSUANT  TO  THIS  TITLE WITH FUNDS MADE AVAILABLE
 PURSUANT TO THIS TITLE SHALL NOT BE SOLD OR  DISPOSED  OF  OR  USED  FOR
 OTHER  THAN  PUBLIC  PURPOSES WITHOUT THE EXPRESS AUTHORITY OF AN ACT OF
 THE LEGISLATURE, WHICH SHALL PROVIDE FOR THE SUBSTITUTION OF OTHER LANDS
 OF EQUAL ENVIRONMENTAL AND FAIR MARKET VALUE AND  REASONABLY  EQUIVALENT
 USEFULNESS  AND  LOCATION  TO THOSE TO BE DISCONTINUED, SOLD OR DISPOSED
 OF, AND SUCH OTHER REQUIREMENTS AS SHALL BE APPROVED BY THE  COMMISSION-
 ER.
   § 3. This act shall take effect immediately.

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Senate Bill S6595

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2017-S6595 (ACTIVE) - Details

2017-S6595 (ACTIVE) - Summary

2017-S6595 (ACTIVE) - Sponsor Memo

2017-S6595 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6595

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2017-S6595 (ACTIVE) - Details

2017-S6595 (ACTIVE) - Summary

2017-S6595 (ACTIVE) - Sponsor Memo

2017-S6595 (ACTIVE) - Bill Text download pdf

Comments