NY State Senate Bill 2021-S2274

Senate Bill S2274

2021-2022 Legislative Session

Relates to the prevention, response and recovery of flooding on Lake Ontario and the St. Lawrence River

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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

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Jan 05, 2022	referred to environmental conservation
Jan 20, 2021	referred to environmental conservation

2021-S2274 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 74 Title 2 §§74-0101 - 74-0107, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8182
2019-2020: S3130
2023-2024: S3204

2021-S2274 (ACTIVE) - Summary

Relates to the Lake Ontario-St. Lawrence River flood prevention, response, recovery and mitigation task force; establishes reporting and public hearing requirements for the Lake Ontario-St. Lawrence River flood prevention, response, recovery and mitigation task force.

2021-S2274 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2274

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
New York state Lake Ontario-St. Lawrence River flood prevention,
response, recovery and mitigation task force; to establish reporting and
public hearing requirements for the New York state Lake Ontario-St.
Lawrence River flood prevention, response, recovery and mitigation task
force; and providing for the repeal of such provisions upon expiration
thereof

 
PURPOSE:

This bill would establish, a New York state Lake Ontario-St.  Lawrence
River flood prevention, response, recovery and mitigation task force,
and require such to examine and evaluate the causes and impacts of
flooding along the Lake Ontario and St. Lawrence River waterfronts, and
to produce a report with recommendations as to how effective measures
can be taken to prevent, respond to, and recover from such flooding
events.

 
SUMMARY OF PROVISIONS:

Specifically, this bill would add a new article 74 to the environmental
conservation law, to establish a new 13-member interagency flood
prevention, response, recovery and mitigation task force. Such task
force would:

1. Consist of the adjutant general of the state division of military and
naval affairs, the commissioner of the division of homeland security and
emergency services, the commissioner of the department of environmental
conservation, the secretary of state, the commissioner of transporta-
tion, the commissioner of the department of parks, recreation and
historic preservation, the commissioner of the department of agriculture
and markets and the chairman of the state economic development office or
designee; and five additional members each of whom shall be a hydrolo-
gist, civil engineer, climatologist, county emergency manager and soil
and water conservation professional;

2. Conduct an in-depth examination of flood prevention, response and
recovery issues, and flood control study sectors and issues, related to
flood prevention, response and recovery, water management, flood control
and flood mitigation in and along the shoreline and adjoining waterways
of Lake Ontario and the St. Lawrence River;

3. Evaluate and assess any flood prevention, response and recovery meas-
ures, flood control or flood mitigation measures, or water management
procedures, agreements or treaties, identified in terms of feasibility,
economic and public health impacts, and effectiveness, as well as iden-
tifying impediments to implementing effective flood prevention, response
and recovery, flood control and flood mitigation measures, and where
possible, actions that could be taken to resolve flooding issues;

4. Arrange through the department of environmental conservation and the
division of military and naval affairs, for the provision of such facil-
ities, assistance and data as will enable the task force to carry out
its powers and duties; and
5. Produce a report of its findings and recommendations to the governor
and the legislature.

 
JUSTIFICATION:

Recent, historic flooding along the Lake Ontario and St. Lawrence River
Waterfronts have caused devastating effects to property owners, busi-
nesses and municipalities. In 2017, New York enacted a Lake Ontario and
St. Lawrence River Flood grant program to address the destruction from
the 2017 flooding. As increased water levels indicate that such flooding
could well be a more frequent occurrence, rather than simply a one-time
event, the need has arisen to develop a prudent state government strate-
gy to provide effective and ongoing prevention, response and recovery
measures for the Lake Ontario and St. Lawrence River waterfronts.

This bill seeks to require that a complete examination and report be
performed by a qualified task force to examine, assess and make recom-
mendations as to what effective measures can be taken to prevent,
respond to, and recover from such flooding.

The interagency Task Force established under this bill, together with
its mission and purposes, is highly similar to a previous act that
directed the conduct of the same type of examination, and the issuance
of the same kind of report, concerning flooding along the state's canal
system. (See chapter 456 of the laws of 2007).

It is hoped that the study performed by this qualified interagency task-
force will shed light on the causes and remedies of the recent flooding
along the Lake Ontario and St. Lawrence River waterfronts, and establish
an effective pathway to allow residents, businesses and municipalities
to prevent, respond to, and recover from such flooding.

 
LEGISLATIVE HISTORY:

2019-2020: S.3130 referred to Environmental Conservation

2018: S.8182 passed Senate/A.10591 referred to Environmental Conserva-
tion

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S2274 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2274
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   New  York  state  Lake  Ontario-St.  Lawrence  River flood prevention,
   response, recovery and mitigation task force; to  establish  reporting
   and  public  hearing requirements for the New York state Lake Ontario-
   St. Lawrence River flood prevention, response, recovery and mitigation
   task force; and providing for the repeal of such provisions upon expi-
   ration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new article 74 to read as follows:
                                ARTICLE 74
                                  TITLE 2
          NEW YORK STATE LAKE ONTARIO - ST. LAWRENCE RIVER FLOOD
         PREVENTION, RESPONSE, RECOVERY AND MITIGATION TASK FORCE
 SECTION 74-0101. FLOOD PREVENTION,  RESPONSE,  RECOVERY  AND  MITIGATION
                    TASK FORCE.
         74-0103. DEFINITIONS.
         74-0105. TASK FORCE COMPOSITION.
         74-0107. TASK FORCE DUTIES.
 § 74-0101. FLOOD  PREVENTION,  RESPONSE,  RECOVERY  AND  MITIGATION TASK
              FORCE.
   THE NEW YORK STATE LAKE ONTARIO-ST. LAWRENCE RIVER  FLOOD  PREVENTION,
 RESPONSE,  RECOVERY AND MITIGATION TASK FORCE, REFERRED TO IN THIS ARTI-
 CLE AS THE TASK FORCE, IS HEREBY ESTABLISHED TO DETERMINE WHAT  MEASURES
 SHOULD BE TAKEN TO ENHANCE FLOOD PREVENTION, RECOVERY, RESPONSE, MANAGE-
 MENT  AND  MITIGATION IN AND ALONG THE SHORELINE AND ADJOINING WATERWAYS
 OF LAKE ONTARIO AND THE ST.  LAWRENCE RIVER, AND TO DEVELOP  RECOMMENDA-
 TIONS TO ACCOMPLISH SUCH GOAL.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04616-01-1

 S. 2274                             2
 
 § 74-0103. 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,  LAKE, STREAM AND RIVER BANKS, LOCKS AND DAMS, WETLANDS AND
 WATERFRONT AREAS, WATER RESOURCES, TRANSPORTATION INFRASTRUCTURE,  WATER
 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
 LAKE, RIVER OR OTHER BODY OF WATER, WHETHER CAUSED BY RAINFALL, WATERWAY
 OPERATION, DAM OPERATION, WATERFLOW MANAGEMENT, DAM BREAK, WATER  RUNOFF
 OR OTHER MEANS, AND CAUSES OR THREATENS DAMAGE.
   4.  "LAKE ONTARIO" AND "ST. LAWRENCE RIVER" SHALL MEAN THE LAKE, RIVER
 SHORELINE, LANDS AND INFRASTRUCTURE OF LAKE ONTARIO AND THE ST. LAWRENCE
 RIVER, OR ITS ADJOINING OR AFFECTED  COMMUNITIES  OF  NIAGARA,  ORLEANS,
 MONROE,  WAYNE,  CAYUGA,  ONONDAGA, OSWEGO, JEFFERSON, ST. LAWRENCE, AND
 FRANKLIN COUNTIES.
 § 74-0105. TASK FORCE COMPOSITION.
   1. THE TASK FORCE SHALL CONSIST OF THIRTEEN  MEMBERS;  EIGHT  OF  WHOM
 SHALL  BE  THE  ADJUTANT  GENERAL  OF THE STATE DIVISION OF MILITARY AND
 NAVAL AFFAIRS, THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND
 EMERGENCY SERVICES, THE COMMISSIONER OF THE DEPARTMENT OF  ENVIRONMENTAL
 CONSERVATION,  THE  SECRETARY  OF STATE, THE COMMISSIONER OF TRANSPORTA-
 TION, THE COMMISSIONER  OF  THE  DEPARTMENT  OF  PARKS,  RECREATION  AND
 HISTORIC PRESERVATION, THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE
 AND MARKETS AND THE CHAIRMAN OF THE STATE ECONOMIC DEVELOPMENT OFFICE OR
 DESIGNEE;  AND  FIVE  ADDITIONAL  MEMBERS  WHO SHALL BE FROM OUTSIDE THE
 PUBLIC OFFICES LISTED IN THIS SECTION AND ONE OF EACH OF WHOM SHALL BE A
 HYDROLOGIST, CIVIL ENGINEER, CLIMATOLOGIST, COUNTY EMERGENCY MANAGER AND
 SOIL AND WATER CONSERVATION PROFESSIONAL.  THE  GOVERNOR  SHALL  APPOINT
 THREE  OF THE FIVE ADDITIONAL MEMBERS AND THE TEMPORARY PRESIDENT OF THE
 SENATE AND SPEAKER OF THE ASSEMBLY SHALL EACH APPOINT ONE OF EACH OF THE
 FIVE ADDITIONAL MEMBERS.
   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.
   4.  THE TASK FORCE SHALL CONSULT WITH EACH OF THE EMERGENCY MANAGEMENT
 OFFICERS, OR APPROPRIATE COUNTY OFFICER, FROM NIAGARA, ORLEANS,  MONROE,
 WAYNE,  CAYUGA, ONONDAGA, OSWEGO, JEFFERSON, ST.  LAWRENCE, AND FRANKLIN
 COUNTIES, AND EACH SAID OFFICER SHALL PROVIDE TO THE TASK FORCE A  DOCU-
 MENT  LISTING  THEIR  CONCERNS  AND  RECOMMENDATIONS RELATED TO FLOODING
 ALONG LAKE ONTARIO AND/OR THE ST. LAWRENCE RIVER. THE TASK  FORCE  SHALL
 CONSIDER  SUCH  CONCERNS AND RECOMMENDATIONS IN ITS DELIBERATIONS AND IN
 THE FORMULATION OF ITS DETERMINATIONS AND RECOMMENDATIONS.
   5. THE TASK FORCE SHALL MEET AT LEAST SIX TIMES OVER AN EIGHTEEN MONTH
 PERIOD AT THE CALL OF THE CHAIRPERSON.
 § 74-0107. TASK FORCE DUTIES.
   THE ROLE OF THE TASK FORCE INCLUDES, BUT IS NOT LIMITED TO:
   1. CONDUCTING AN IN-DEPTH EXAMINATION OF  FLOOD  PREVENTION,  RESPONSE
 AND RECOVERY ISSUES, AND FLOOD CONTROL STUDY SECTORS AND ISSUES, RELATED
 TO  FLOOD  PREVENTION,  RESPONSE  AND  RECOVERY, WATER MANAGEMENT, FLOOD

 S. 2274                             3
 
 CONTROL AND FLOOD MITIGATION IN AND ALONG THE  SHORELINE  AND  ADJOINING
 WATERWAYS OF LAKE ONTARIO AND THE ST.  LAWRENCE RIVER, INCLUDING:
   (A)   ADAPTIVE   MEASURES  THAT  CAN  BE  TAKEN  TO  EFFECTUATE  FLOOD
 PREVENTION, RESPONSE AND RECOVERY PROGRAMS, AND MITIGATE FLOOD  DAMAGES,
 INCLUDING  BUT  NOT  LIMITED  TO FEASIBLE FLOOD PREVENTION, RESPONSE AND
 RECOVERY MEASURES, FLOOD  MANAGEMENT  ACTIVITIES,  WETLAND  RESTORATION,
 FLOOD  CONTROL  INFRASTRUCTURE, COMMUNICATION SYSTEMS AND RELATED PUBLIC
 SAFETY AND FLOOD CONTROL STRUCTURES AND ASSOCIATED COSTS;
   (B) EVALUATION WHICH SHOULD INCLUDE IMPACTS ON AGRICULTURE,  TRANSPOR-
 TATION,  LAND  USE, HEALTH, INSURANCE AND ECONOMIC SECTORS SUCH AS SHIP-
 PING, FISHERIES, POWER GENERATION, TOURISM, AND RECREATION.  IMPACTS  ON
 INFRASTRUCTURE,  INCLUDING BRIDGES, LOW-LYING ROADS, DAMS, LOCKS, CAUSE-
 WAYS, WATER AND WASTEWATER TREATMENT PLANTS AND DOCKS SHALL BE  INCLUDED
 IN THE EVALUATION; AND
   (C)  EVALUATION  OF  LAKE ONTARIO AND ST. LAWRENCE RIVER OPERATION AND
 MANAGEMENT, AND PLANS OR AGREEMENTS OR TREATIES WHICH MAY HAVE A  DIRECT
 OR  INDIRECT  IMPACT ON FLOOD CONTROL, PREVENTION, RESPONSE, RECOVERY OR
 MITIGATION AND FLOOD MANAGEMENT INCLUDING, BUT NOT  LIMITED  TO,  DEBRIS
 MANAGEMENT,  COMMUNICATION, AND WATER MANAGEMENT AND WATER LEVEL MANIPU-
 LATION.
   2. EVALUATING AND ASSESSING OF  ANY  FLOOD  PREVENTION,  RESPONSE  AND
 RECOVERY  MEASURES, FLOOD CONTROL OR FLOOD MITIGATION MEASURES, OR WATER
 MANAGEMENT PROCEDURES, AGREEMENTS OR TREATIES, IDENTIFIED  IN  TERMS  OF
 FEASIBILITY,  ECONOMIC  AND PUBLIC HEALTH IMPACTS, AND EFFECTIVENESS, AS
 WELL  AS  IDENTIFYING  IMPEDIMENTS  TO  IMPLEMENTING   EFFECTIVE   FLOOD
 PREVENTION,  RESPONSE  AND  RECOVERY, FLOOD CONTROL AND FLOOD MITIGATION
 MEASURES, AND WHERE POSSIBLE, ACTIONS THAT COULD  BE  TAKEN  TO  RESOLVE
 FLOODING ISSUES.
   3.  ARRANGING  THROUGH THE DEPARTMENT AND THE DIVISION OF MILITARY AND
 NAVAL AFFAIRS, FOR THE PROVISION OF SUCH FACILITIES, ASSISTANCE AND DATA
 AS WILL ENABLE THE TASK FORCE TO CARRY OUT ITS POWERS AND DUTIES.  ADDI-
 TIONALLY, 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.
   §  2.  Report  to the governor and legislature. 1. Within 18 months of
 the effective date of this act, the New  York  state  flood  prevention,
 response, recovery and mitigation task force shall issue a draft report,
 which shall be submitted to the governor, the temporary president of the
 senate,  and  the speaker of the assembly assessing flood mitigation and
 control in New York state with particular focus on Lake Ontario and  the
 St.  Lawrence  River;  including, but not limited to, recommendations on
 how such impacts should be addressed. At  least  three  public  hearings
 shall  be held by the task force to provide the public with the opportu-
 nity to comment on the report. Notice of such hearings shall be provided
 on the department of environmental  conservation  website,  and  in  the
 environmental notice bulletin.
   2. Within 90 days of the date of the last public hearing, the New York
 state  flood  prevention,  response,  recovery and mitigation task force
 shall submit a final report to the governor, the temporary president  of
 the senate, and the speaker of the assembly. Copies of such report shall
 also  be  made available to the public and posted on the websites of the
 department of environmental conservation and the division of  naval  and
 military affairs.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed one hundred twenty days after the New York  state  flood

 S. 2274                             4
 
 prevention,  response,  recovery and mitigation task force has submitted
 its final, completed report; provided that the  department  of  environ-
 mental  conservation  shall notify the legislative bill drafting commis-
 sion  upon  the  occurrence of the enactment of the legislation provided
 for in section one of this act in order that the commission may maintain
 an accurate and timely effective data base of the official text  of  the
 laws  of  the  state  of  New  York  in  furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.

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