S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2524
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2019
                                ___________
 
 Introduced by M. of A. ENGLEBRIGHT, JAFFEE, OTIS, COLTON, FAHY, ABINANTI
   --  read once and referred to the Committee on Environmental Conserva-
   tion
 
 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.
              

                                                            LBD05998-02-9

 A. 2524                             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.  Subdivision 6 of section 15-3303 of the environmental conserva-
 tion law, as added by section 2 of part T of chapter 57 of the  laws  of
 2017, is amended to read as follows:
   6.  Real property acquired, developed, improved, restored or rehabili-
 tated by or through a municipality, COUNTY SOIL AND  WATER  CONSERVATION
 DISTRICT  or not-for-profit corporation with funds made available pursu-
 ant to this title shall not  be  sold,  leased,  exchanged,  donated  or
 otherwise disposed of or used for other than the public purposes of this
 title  without the express authority of an act of the legislature, which
 shall provide for the substitution of other lands of equal environmental
 value 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 commissioner.
   § 4. This act shall take effect immediately.