S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5295
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law and the general
   municipal law, in relation to authorizing and directing the establish-
   ment of a stream maintenance and flood  control  program  as  a  local
   option for counties

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 15-0501 of the environmental  conservation  law  is
 amended by adding a new subdivision 6-a to read as follows:
   6-A. NO PERMIT UNDER THIS SECTION SHALL BE REQUIRED FOR STREAM MAINTE-
 NANCE  AND FLOOD CONTROL ACTIVITIES CONDUCTED IN FURTHERANCE OF A STREAM
 MAINTENANCE AND FLOOD CONTROL  PLAN  APPROVED  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SUBDIVISION TWO OF SECTION 16-0111 OF THIS CHAPTER.
   §  2. Section 15-0505 of the environmental conservation law is amended
 by adding a new subdivision 4-a to read as follows:
   4-A. NO PERMIT UNDER THIS SECTION SHALL BE REQUIRED FOR STREAM MAINTE-
 NANCE AND FLOOD CONTROL ACTIVITIES CONDUCTED IN FURTHERANCE OF A  STREAM
 MAINTENANCE  AND  FLOOD  CONTROL  PLAN  APPROVED  IN ACCORDANCE WITH THE
 PROVISIONS OF SUBDIVISION TWO OF SECTION 16-0111 OF THIS CHAPTER.
   § 3. Section 16-0111 of the environmental conservation law,  as  added
 by chapter 727 of the laws of 1978, is amended to read as follows:
 § 16-0111. Powers and duties of commissioner.
   1.  The  commissioner  is  hereby  authorized  and directed for and in
 behalf of the state to carry out the state's participation in a  federal
 program  of  flood  control, to sign all necessary agreements, and to do
 and perform all necessary acts in connection therewith to consummate the
 intent and purpose running with the approval by the  federal  government
 of  flood control projects in New York state and the allotment of moneys
 for such projects, if, as and when made by the federal government.  [He]
 THE  COMMISSIONER is authorized and empowered, notwithstanding any other
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09129-01-1

 A. 5295                             2
 
 law of this state, to carry out  the  provisions  of  this  act  and  to
 perform  and  do  such  other  and  further acts not hereby specifically
 provided in this act as may be  necessary  to  carry  out  the  projects
 [herein] authorized UNDER THIS ARTICLE and so as to conform with the act
 and  rules,  regulations and requirements of the federal government made
 to govern the expenditures. Work may be carried out by  contract  or  by
 department  forces or by a combination of these two methods. However, if
 the commissioner deems it to be in the interest of the public, [he]  THE
 COMMISSIONER  may  agree  with  a municipal corporation affected by such
 work, to have its contractor or its forces and  equipment  perform  such
 work,  upon  such terms as the commissioner may deem advantageous to the
 state. The commissioner shall exercise [his] ANY powers and duties  with
 respect  to the said flood control projects in a manner that will comply
 with any act of congress applicable thereto  and  any  rules  and  regu-
 lations made and promulgated by virtue thereof.
   2.  (A)  THE  COMMISSIONER,  IN  CONSULTATION WITH THE DIRECTOR OF THE
 STATE EMERGENCY MANAGEMENT OFFICE AND LOCAL SOIL AND WATER  CONSERVATION
 DISTRICTS,  IS AUTHORIZED AND DIRECTED TO ESTABLISH A STREAM MAINTENANCE
 AND FLOOD CONTROL PROGRAM. THE LOCAL GOVERNING  BODY  OF  A  COUNTY  MAY
 ELECT TO PASS A LOCAL LAW PROVIDING A LOCAL OPTION INTO SUCH PROGRAM. IF
 SUCH LOCAL OPTION IS ADOPTED, SUCH COUNTY SHALL CONSULT WITH THE DEPART-
 MENT,  THE STATE EMERGENCY MANAGEMENT OFFICE, THE APPROPRIATE LOCAL SOIL
 AND WATER CONSERVATION DISTRICTS AND SUCH OTHER  PERSONS  AND  ORGANIZA-
 TIONS  WITH  EXPERTISE  IN  THE  FIELD  OF  STREAM MAINTENANCE AND FLOOD
 CONTROL AS MAY BE NECESSARY OR APPROPRIATE TO ASSURE THE DEVELOPMENT  OF
 THE STREAM MAINTENANCE AND FLOOD CONTROL PLAN.
   (B) SUCH PLAN SHALL TAKE INTO ACCOUNT WEATHER PATTERNS, AN ANALYSIS OF
 EXISTING  CONDITIONS  AND ANY HYDROLOGICAL DATA NECESSARY TO ESTABLISH A
 SCHEDULE OF SPECIFIC SHORT  AND  LONG  TERM  STREAM  MAINTENANCE  AND/OR
 RECLAMATION ACTIVITIES DESIGNED TO PREVENT FLOODING WHILE SIMULTANEOUSLY
 IMPROVING AQUATIC HABITAT IN THE SUBJECT COUNTY WATERWAYS.
   (C)  UPON THE COMPLETION OF THE PLAN, THE DEPARTMENT SHALL HAVE THIRTY
 DAYS TO APPROVE IT OR PROVIDE AN ALTERNATIVE  RECOMMENDATION.  ONCE  THE
 FINAL  PLAN  IS  APPROVED  BY THE DEPARTMENT, THE STREAM MAINTENANCE AND
 FLOOD CONTROL ACTIVITIES SCHEDULED IN THE PLAN SHALL COMMENCE IMMEDIATE-
 LY. THE COUNTY SHALL BE RESPONSIBLE FOR PERFORMING THE WORK OUTLINED  IN
 THE  PLAN, HOWEVER, A COUNTY MAY CONTRACT WITH A TOWN, VILLAGE, SOIL AND
 WATER CONSERVATION DISTRICT OR INDEPENDENT CONTRACTOR, AS NECESSARY,  TO
 EXECUTE  THE  REQUIRED  MAINTENANCE  ACTIVITIES.  WHERE  THE MAINTENANCE
 ACTIVITIES IN THE PLAN ARE INTENDED TO OCCUR ON  PRIVATE  PROPERTY,  THE
 COUNTY, TOWN, VILLAGE, SOIL AND WATER CONSERVATION DISTRICT OR INDEPEND-
 ENT  CONTRACTOR  PERFORMING  THE WORK SHALL NOTIFY THE AFFECTED PROPERTY
 OWNER AND REQUEST PERMISSION TO ENTER THE PROPERTY AND PERFORM THE SCHE-
 DULED MAINTENANCE. SUCH WORK MAY BE DONE WITHOUT PERMISSION OF THE PROP-
 ERTY OWNER UPON A FINDING BY THE LOCAL GOVERNING  BODY  OF  THE  COUNTY,
 TOWN  OR  VILLAGE,  WHERE THE PROPERTY IS SITUATED, THAT FAILURE TO MAKE
 SUCH REPAIRS POSES AN UNWARRANTED RISK TO THE HEALTH, SAFETY OR  WELFARE
 OF  THE  RESIDENTS  OF  SUCH  COUNTY, TOWN OR VILLAGE. ANY COUNTY, TOWN,
 VILLAGE OR SOIL AND WATER CONSERVATION DISTRICT TAKING SUCH ACTION SHALL
 CONSIDER THE IMPACTS UPSTREAM AND DOWNSTREAM OF WHERE THE STREAM MAINTE-
 NANCE AND FLOOD CONTROL IS TO BE PERFORMED.    FUNDING  FOR  ANY  STREAM
 MAINTENANCE  AND  FLOOD  CONTROL ACTIVITIES SHALL BE MADE AVAILABLE FROM
 THE MONIES APPROPRIATED TO THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
   § 4. The general municipal law is amended  by  adding  a  new  section
 120-dd to read as follows:

 A. 5295                             3

   §  120-DD. STREAM MAINTENANCE AND FLOOD CONTROL BY LOCALITIES. A COUN-
 TY, TOWN, VILLAGE OR SOIL AND WATER CONSERVATION DISTRICT ACTING  PURSU-
 ANT  TO  A  STREAM  MAINTENANCE AND FLOOD CONTROL PLAN ESTABLISHED UNDER
 SUBDIVISION TWO OF SECTION 16-0111 OF THE ENVIRONMENTAL CONSERVATION LAW
 SHALL  BE  AUTHORIZED  TO ENGAGE IN STREAM MAINTENANCE AND FLOOD CONTROL
 ACTIVITIES WHICH ARE NECESSARY FOR THE PROTECTION OF THE  PUBLIC  HEALTH
 AND SAFETY. WHERE THE MAINTENANCE ACTIVITIES IN THE PLAN ARE INTENDED TO
 OCCUR  ON  PRIVATE PROPERTY, THE COUNTY, TOWN, VILLAGE OR SOIL AND WATER
 CONSERVATION DISTRICT PERFORMING THE  WORK  SHALL  NOTIFY  THE  AFFECTED
 PROPERTY  OWNER AND REQUEST PERMISSION TO ENTER THE PROPERTY AND PERFORM
 THE SCHEDULED WORK. SUCH WORK MAY BE  DONE  WITHOUT  PERMISSION  OF  THE
 PROPERTY OWNER UPON A FINDING BY THE LOCAL GOVERNING BODY OF THE COUNTY,
 TOWN  OR  VILLAGE,  WHERE THE PROPERTY IS SITUATED, THAT FAILURE TO MAKE
 SUCH REPAIRS POSES AN UNWARRANTED RISK TO THE HEALTH, SAFETY OR  WELFARE
 OF  THE  RESIDENTS  OF  SUCH  COUNTY, TOWN OR VILLAGE. ANY COUNTY, TOWN,
 VILLAGE OR SOIL AND WATER CONSERVATION DISTRICT TAKING SUCH ACTION SHALL
 CONSIDER THE IMPACTS UPSTREAM AND DOWNSTREAM OF WHERE THE STREAM MAINTE-
 NANCE AND FLOOD CONTROL IS TO BE PERFORMED.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of this act on its effective date is authorized to be made on or
 before such effective date.