NY State Senate Bill 2019-S3435A

Senate Bill S3435A

Vetoed By Governor

2019-2020 Legislative Session

Relates to establishing a commission to be known as the "New York city seawall study commission"

download bill text pdf

Archive: Last Bill Status Via A2257 - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 20, 2019	tabled vetoed memo.242
Dec 17, 2019	delivered to governor
Jun 18, 2019	returned to assembly passed senate 3rd reading cal.1490 substituted for s3435a
Jun 18, 2019	substituted by a2257a ordered to third reading cal.1490 committee discharged and committed to rules
Mar 14, 2019	print number 3435a
Mar 14, 2019	amend and recommit to finance
Feb 07, 2019	referred to finance

Votes

- Jun 18, 2019 - Floor Vote
  A2257
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 18, 2019 - Rules Committee Vote
  S3435A
  
  18
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2019
      
      aye (18)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      aye wr (1)
      
      Krueger

Bill Amendments

Original

A (Active)

2019-S3435 - Details

See Assembly Version of this Bill:: A2257
Law Section:: Environmental Conservation
Versions Introduced in 2017-2018 Legislative Session:: S6927, A8686

2019-S3435 - Summary

Establishes a commission to be known as the "New York seawall study commission" which will study the feasibility, costs, impacts, and best locations for construction of a seawall or sea gate being created to protect the city of New York from sea level rise and storm surge along the entire coastline.

2019-S3435 - Sponsor Memo

                                
 
BILL NUMBER: S3435

SPONSOR: ADDABBO
 
TITLE OF BILL:  An act to establish a commission to be known as the
"New York seawall study commission"; and providing for the repeal of
such provisions upon expiration thereof

 
PURPOSE:

To set up a commission to study the feasibility, costs, impacts, and
locations of a seawall around the city of New York's coastline.

 
SUMMARY OF PROVISIONS:

Sets up a 13 member commission(appointed for the life of the commis-
sion)as follows

-3 members appointed by the  temporary president of the Senate
-1 member appointed by the minority leader of the Senate
-3 members appointed by the speaker of the Assembly
-1 member appointed by the minority leader of the Assembly

-5 members appointed by the Governor

The commission will hold hearings across the state and conduct a compre-
hensive study on sea levels and a potential seawall on the New York City
coastline. The matters studied by the commission shall include, but not
be limited to:

-Coastal areas at greatest risk from sea level rise;the future -Areas at
risk from storm surge with current sea levels;being created surge along
the
-Areas that are likely to be at risk from coastal hazards in through
year 2100; and
-The feasibility, costs, impacts, and locations of a seawall to protect
the city of New York from sea level rise and storm entire coastline

Amended Provisions:

Changes the commission from a 13 to a 14 member commission

-Commissioner of environmental conservation or his/her designee
-Secretary of State or his/her designee
-2 members appointed by the Governor
-2 members appointed by the temporary president of the senate -2 members
appointed by the Speaker of the Assembly -1 member appointed by the
leader of the Senate
-1 member appointed by the minority leaderofthe Assembly
-2 members to be appointed by the Mayor ofNYC
-1 member appointed by the County ExecutiveofNassau
-1 member appointed by the County ExecutiveofSuffolk

Allows recommendations on state and local regulatory and/or statutory,
alterations.

 
JUSTIFICATION:

In just the last few years, we have seen one horrific storm after anoth-
er. These once in a lifetime storms are becoming more and more common.
New York City must be prepared for the next Hurricane Sandy.  A seawall
is one idea that could possibly save lives in the next super-storm, as
well as protect vital infrastructure that could cost billions to repair.
This piece of legislation would create a commission to study the New
York City coastline to determine the feasibility of a seawall. In 1900,
a Category 4 hurricane, the "Great Storm", struck Galveston, Texas kill-
ing 6,000 to 12,000 individuals.  It was the deadliest natural disaster
in U.S history. In 1915, a similar storm in strength struck Galveston,
but the seawall proved invaluable for protection of the city and its
residents. A seawall as seen in Galveston, can help save lives and
protect infrastructure. A study of how such a seawall can be of vital
service to the New York City coast makes perfect sense.

 
LEGISLATIVE HISTORY:

2018: S6927A - PASSED THE SENATE; vetoed by Governor. Veto Memo 338

 
FISCAL IMPACT:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3435 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3435
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2019
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to establish a commission to be known as the  "New  York  seawall
   study  commission";  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.  New  York  seawall study commission. 1.   There is hereby
 established, within the  department  of  environmental  conservation,  a
 seawall  study  commission  ("commission")  which  shall  consist  of 14
 members who shall be appointed as follows:
   (a) the commissioner of  environmental  conservation  or  his  or  her
 designee;
   (b) the secretary of state or his or her designee;
   (c) two members appointed by the governor;
   (d)  two  members  to  be  appointed by the temporary president of the
 senate;
   (e) two members to be appointed by the speaker of the assembly;
   (f) one member to be appointed by the minority leader of the senate;
   (g) one member to be appointed by the minority leader of the assembly;
   (h) two members to be appointed by the mayor of the city of New York;
   (i) one member to be appointed by the county executive of  the  county
 of Nassau; and
   (j)  one  member to be appointed by the county executive of the county
 of Suffolk.
   2. The at large members should include individuals with  expertise  in
 one  or  more  of  the following areas: climatology; hydrology; environ-
 mental; aquaculture; oceanography or coastal ocean  science;  and  engi-
 neering.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02238-02-9

 S. 3435                             2
 
   3. Commission members shall receive no compensation for their services
 but  shall  be  reimbursed for actual and necessary expenses incurred in
 the performance of their duties.
   4.  The  chairperson  of  the  commission shall be the commissioner of
 environmental conservation or his or her designee. The commission  shall
 meet  no  less  than  four  times  and at other times at the call of the
 chairperson.
   5. Any vacancies on the commission  shall  be  filled  in  the  manner
 provided for in the initial appointment.
   6.  The  commission  shall  be  authorized to hold public hearings and
 meetings to enable it to accomplish its duties.
   7. The commission  may  consult  with  any  organization,  educational
 institution,  other government entity or agency or person including, but
 not limited to, the army corps of engineers, in the development  of  its
 report required by subdivision 10 of this section.
   8.  The  department  of  environmental  conservation shall provide the
 commission with such facilities, assistance and data as will enable  the
 commission  to carry out its powers and duties.  Additionally, all other
 agencies of the state or subdivisions thereof may, at the request of the
 chairperson, provide the commission with  such  facilities,  assistance,
 and  data  as  will  enable  the  commission to carry out its powers and
 duties.
   9. The purpose of the New York seawall study commission  shall  be  to
 identify  the  feasibility,  costs,  impacts,  and  best  locations  for
 construction of a seawall or sea gate to protect the city  of  New  York
 from sea level rise and storm surge along the entire coastline.
   10.  No later than December 31, 2021, the commission shall transmit to
 the governor, the temporary president of the senate and the  speaker  of
 the assembly a report containing the following:
   (a)  coastal  areas  at  greatest  risk  from  sea level rise based on
 projections established pursuant to section 3-0319 of the  environmental
 conservation law;
   (b) areas at risk from storm surge based on current sea levels;
   (c)  areas  that  are  more  likely to be at risk from coastal hazards
 including rising groundwater levels, saltwater intrusion, coastal flood-
 ing, and extreme weather events  including  coastal  storms,  with  such
 projections extending through year 2100;
   (d) the locations for construction of a seawall or sea gate;
   (e) the costs of such construction of a seawall or sea gate; and
   (f)  recommendations  on  state  and local regulatory and/or statutory
 alterations.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed January 1, 2022.

2019-S3435A (ACTIVE) - Details

See Assembly Version of this Bill:: A2257
Law Section:: Environmental Conservation
Versions Introduced in 2017-2018 Legislative Session:: S6927, A8686

2019-S3435A (ACTIVE) - Summary

2019-S3435A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3435A

SPONSOR: ADDABBO
 
TITLE OF BILL:  An act to establish a commission to be known as the
"New York seawall study commission"; and providing for the repeal of
such provisions upon expiration thereof

 
PURPOSE:

To set up a commission to study the feasibility, costs, impacts, and
locations of a seawall around the city of New York's coastline.

 
SUMMARY OF PROVISIONS:

Commission:

-Commissioner of environmental conservation or his/her designee
-Secretary of State or his/her designee
-2 members appointed by the Governor
-2 members appointed by the temporary president of the senate
-2 members appointed by the Speaker of the Assembly

-1 member appointed by the leader of the Senate
-1 member appointed by the minority leader of the Assembly
-2 members to be appointed by the Mayor of NYC
-1 member appointed by the County Executive of Nassau
-1 member appointed by the County Executive of Suffolk

Allows recommendations on state and local regulatory and/or statutory
alterations.

The commission will hold hearings comprehensive study on sea levels City
coastline. The matters studied by be limited to: across the state and
conduct a and a potential seawall on the New York the commission shall
include, but not

-Coastal areas at greatest risk from sea level rise; the future
-Areas at risk from storm surge with current sea levels; being created
surge along the
-Areas that are likely to be at risk from coastal hazards in through
year 2100; and
-The feasibility, costs, impacts, and locations of a seawall to protect
the city of New York from sea level rise and storm entire coastline

Amendment: One additional member of the commission will be appointed by
the county executive of Westchester.

 
JUSTIFICATION:

In just the last few years, we have seen one horrific storm after anoth-
er. These once in a lifetime storms are becoming more and more common.
New York City must be prepared for the next Hurricane Sandy.  A seawall
is one idea that could possibly save lives in the next super-storm, as
well as protect vital infrastructure that could cost billions to repair.
This piece of legislation would create a commission to study the New
York City coastline to determine the feasibility of a seawall. In 1900,
a Category 4 hurricane, the "Great Storm", struck Galveston, Texas kill-
ing 6,000 to 12,000 individuals. It was the deadliest natural disaster
in U.S history. In 1915, a similar storm in strength struck Galveston,
but the seawall proved invaluable for protection of the city and its
residents. A seawall as seen in Galveston, can help save lives and
protect infrastructure. A study of how such a seawall can be of vital
service to the New York City coast makes perfect sense.

 
LEGISLATIVE HISTORY:

2017-2018: S. 6927A / A. 8686A - Passed both houses. Veto # 338

 
FISCAL IMPACT: None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3435A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3435--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2019
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to  the  Committee  on  Finance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  establish a commission to be known as the "New York seawall
   study commission"; 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. New York seawall study commission.  1.    There  is  hereby
 established,  within  the  department  of  environmental conservation, a
 seawall study  commission  ("commission")  which  shall  consist  of  15
 members who shall be appointed as follows:
   (a)  the  commissioner  of  environmental  conservation  or his or her
 designee;
   (b) the secretary of state or his or her designee;
   (c) two members appointed by the governor;
   (d) two members to be appointed by  the  temporary  president  of  the
 senate;
   (e) two members to be appointed by the speaker of the assembly;
   (f) one member to be appointed by the minority leader of the senate;
   (g) one member to be appointed by the minority leader of the assembly;
   (h) two members to be appointed by the mayor of the city of New York;
   (i)  one  member to be appointed by the county executive of the county
 of Nassau;
   (j) one member to be appointed by the county executive of  the  county
 of Suffolk; and
   (k)  one  member to be appointed by the county executive of the county
 of Westchester.
   2. The at large members should include individuals with  expertise  in
 one  or  more  of  the following areas: climatology; hydrology; environ-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02238-04-9

 S. 3435--A                          2
 
 mental; aquaculture; oceanography or coastal ocean  science;  and  engi-
 neering.
   3. Commission members shall receive no compensation for their services
 but  shall  be  reimbursed for actual and necessary expenses incurred in
 the performance of their duties.
   4. The chairperson of the commission  shall  be  the  commissioner  of
 environmental  conservation or his or her designee. The commission shall
 meet no less than four times and at other  times  at  the  call  of  the
 chairperson.
   5.  Any  vacancies  on  the  commission  shall be filled in the manner
 provided for in the initial appointment.
   6. The commission shall be authorized  to  hold  public  hearings  and
 meetings to enable it to accomplish its duties.
   7.  The  commission  may  consult  with  any organization, educational
 institution, other government entity or agency or person including,  but
 not  limited  to, the army corps of engineers, in the development of its
 report required by subdivision 10 of this section.
   8. The department of  environmental  conservation  shall  provide  the
 commission  with such facilities, assistance and data as will enable the
 commission to carry out its powers and duties.  Additionally, all  other
 agencies of the state or subdivisions thereof may, at the request of the
 chairperson,  provide  the  commission with such facilities, assistance,
 and data as will enable the commission  to  carry  out  its  powers  and
 duties.
   9.  The  purpose  of the New York seawall study commission shall be to
 identify  the  feasibility,  costs,  impacts,  and  best  locations  for
 construction  of  a  seawall or sea gate to protect the city of New York
 from sea level rise and storm surge along the entire coastline.
   10. No later than December 31, 2022, the commission shall transmit  to
 the  governor,  the temporary president of the senate and the speaker of
 the assembly a report containing the following:
   (a) coastal areas at greatest  risk  from  sea  level  rise  based  on
 projections  established pursuant to section 3-0319 of the environmental
 conservation law;
   (b) areas at risk from storm surge based on current sea levels;
   (c) areas that are more likely to be  at  risk  from  coastal  hazards
 including rising groundwater levels, saltwater intrusion, coastal flood-
 ing,  and  extreme  weather  events  including coastal storms, with such
 projections extending through year 2100;
   (d) the locations for construction of a seawall or sea gate;
   (e) the costs of such construction of a seawall or sea gate; and
   (f) recommendations on state and  local  regulatory  and/or  statutory
 alterations.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed January 1, 2023.

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