S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6754
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 16, 2017
                                ___________
 
 Introduced  by  Sen. VALESKY -- 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  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06862-12-7

 S. 6754                             2
 
 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  IS SUBJECT TO APPROPRIATIONS 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.

 S. 6754                             3
 
   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; (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,  TO
 FUND  GRANTS  WITHIN  THE UPSTATE FLOOD MITIGATION REGION TO PREVENT AND
 MITIGATE FLOOD DAMAGE WITHIN THE REGION.
   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 BE SUBJECT TO
 APPROPRIATIONS.
   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.
   § 2. 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.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  139-d  of  the  canal law, as added by section one of this act,
 shall take effect April 1, 2018; and provided, further,  that  this  act
 shall expire and be deemed repealed March 31, 2020.