S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10053--A
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced  by M. of A. OTIS, BENEDETTO -- read once and referred to the
   Committee on Environmental Conservation -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   requiring  the  department  of environmental conservation to implement
   permit regulations and guidance regarding shoreline management
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Section 1-0303 of the environmental conservation law is
 amended by adding a new subdivision 26 to read as follows:
   26. "NATURE-BASED SOLUTION" SHALL MEAN  A  PROJECT  THAT  UTILIZES  OR
 MIMICS NATURE OR NATURAL PROCESSES AND FUNCTIONS AND THAT MAY ALSO OFFER
 ENVIRONMENTAL,  ECONOMIC,  AND SOCIAL BENEFITS, WHILE INCREASING RESILI-
 ENCE. NATURE-BASED SOLUTIONS INCLUDE BOTH GREEN AND NATURAL  INFRASTRUC-
 TURE.
   §  2.  Section 3-0301 of the environmental conservation law is amended
 by adding a new subdivision 2-a to read as follows:
   2-A. (A) TO FURTHER ASSIST IN CARRYING OUT THE POLICY OF THIS STATE AS
 PROVIDED IN SECTION 1-0101 OF  THIS  CHAPTER,  THE  DEPARTMENT,  BY  AND
 THROUGH THE COMMISSIONER SHALL:
   (I)  AUTHORIZE  AND ENCOURAGE THE USE OF NATURE-BASED SOLUTIONS AS THE
 PREFERRED ALTERNATIVE FOR STABILIZING TIDAL SHORELINES IN THE STATE WHEN
 PROMULGATING AND IMPLEMENTING RULES AND  REGULATIONS  RELATING  THERETO,
 SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, THOSE PROMULGATED AND IMPLE-
 MENTED  FOR  ARTICLES FIFTEEN, TWENTY-FIVE AND THIRTY-FOUR OF THIS CHAP-
 TER. THE DEPARTMENT SHALL CONSULT WITH THE UNITED STATES ARMY  CORPS  OF
 ENGINEERS  TO  ENSURE THE MINIMIZATION OF CONFLICTS WITH FEDERAL LAW AND
 REGULATION.
   (II) CONTINUE DEVELOPING INTEGRATED GUIDANCE  FOR  THE  MANAGEMENT  OF
 TIDAL  SHORELINE  SYSTEMS  TO  PROVIDE A TECHNICAL BASIS FOR THE COORDI-
 NATION OF PERMIT DECISIONS REQUIRED BY ANY REGULATORY ENTITY  EXERCISING
 AUTHORITY OVER A SHORELINE MANAGEMENT PROJECT. SUCH GUIDANCE SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13631-06-2
              

 A. 10053--A                         2
 
   (1)  COMMUNICATE TO STAKEHOLDERS AND REGULATORY AUTHORITIES THAT IT IS
 THE POLICY OF THE STATE THAT SOME SHORELINES SHALL REMAIN NATURAL UNLESS
 STABILIZATION IS NECESSARY, AND WHEN STABILIZATION IS DEEMED  NECESSARY,
 IT SHALL SUPPORT NATURE-BASED SOLUTIONS AS THE PREFERRED ALTERNATIVE FOR
 STABILIZING TIDAL SHORELINES;
   (2)  IDENTIFY PREFERRED SHORELINE MANAGEMENT APPROACHES FOR THE SHORE-
 LINE AND COMMUNITY TYPES FOUND IN THE STATE;
   (3) EXPLAIN THE RISKS AND BENEFITS OF PROTECTION PROVIDED  BY  VARIOUS
 SHORELINE SYSTEM ELEMENTS ASSOCIATED WITH EACH MANAGEMENT OPTION; AND
   (4)  RECOMMEND  PROCEDURES  TO ACHIEVE EFFICIENCY AND EFFECTIVENESS BY
 THE VARIOUS REGULATORY ENTITIES EXERCISING AUTHORITY  OVER  A  SHORELINE
 MANAGEMENT PROJECT.
   (III) APPROVE A PERMIT FOR SHORELINE MANAGEMENT THAT IS A NATURE-BASED
 SOLUTION,  UNLESS AN ALTERNATIVE ANALYSIS CONTAINING A REVIEW OF NATURE-
 BASED SOLUTIONS THAT HAVE BEEN EVALUATED USING THE BEST AVAILABLE INFOR-
 MATION SHOWS THAT SUCH APPROACHES ARE NOT SUITABLE. IF THE  BEST  AVAIL-
 ABLE   INFORMATION  SHOWS  THAT  A  NATURE-BASED  SOLUTION  APPROACH  IS
 UNSUITABLE OR INCONSISTENT WITH  LAND-USE  REGULATIONS,  THE  DEPARTMENT
 SHALL REQUIRE THE APPLICANT TO INCORPORATE, TO THE MAXIMUM EXTENT POSSI-
 BLE,  ELEMENTS OF A NATURE-BASED SOLUTION THAT ARE SUITABLE INTO PERMIT-
 TED PROJECTS.
   (B) (I) FOR THE PURPOSES OF THIS SUBDIVISION, "NATURE-BASED  SOLUTION"
 SHALL  HAVE  THE  SAME  MEANING  AS DEFINED IN SUBDIVISION TWENTY-SIX OF
 SECTION 1-0303 OF THIS CHAPTER AND SHALL  SPECIFICALLY  MEAN  TECHNIQUES
 APPLIED  WITHIN  THE  TIDAL ZONE THAT INCORPORATE NATURAL, NATIVE LIVING
 FEATURES.
   (II) WHEN CONSIDERING A NATURE-BASED SOLUTION  THE  DEPARTMENT  SHOULD
 PRIORITIZE TECHNIQUES THAT:
   (1)  CONTROL  OR  REDUCE  SHORELINE EROSION WHILE MAINTAINING BENEFITS
 COMPARABLE TO THE NATURAL  SHORELINE  INCLUDING,  BUT  NOT  LIMITED  TO,
 ALLOWING FOR NATURAL SEDIMENT MOVEMENT;
   (2)  IMPROVE,  RESTORE,  OR MAINTAIN THE CONNECTION BETWEEN THE UPLAND
 AND WATER HABITATS; AND
   (3) INCORPORATE HABITAT ENHANCEMENT AND  NATURAL  ELEMENTS,  INCLUDING
 BUT  NOT  LIMITED  TO NATIVE RE-VEGETATION OR ESTABLISHMENT OF NEW VEGE-
 TATION CONSISTENT WITH A NATURAL SHORELINE TYPICAL OF THE  CURRENT  SITE
 LOCATION EITHER:
   (A) UNDER CURRENT CONDITIONS, OR
   (B)  AS  ADJUSTED  FOR SCIENCE-BASED STATE SEA-LEVEL RISE PROJECTIONS,
 UTILIZING THE APPROPRIATE PROJECTION SCENARIO AT A TIME INTERVAL  APPRO-
 PRIATE  FOR  THE  ANTICIPATED  LIFESPAN OF THE PROJECT BUT NOT LESS THAN
 TWENTY YEARS AFTER  THE  ANTICIPATED  PROJECT  COMPLETION,  PURSUANT  TO
 SECTION 3-0319 OF THIS TITLE FOR SUCH LOCATION.
   § 3. This act shall take effect immediately.