NY State Senate Bill 2021-S7581

Archive: Last Bill Status - In Senate Committee Finance 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to finance
Dec 08, 2021	referred to rules

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2021-S7581 (ACTIVE) - Details

See Assembly Version of this Bill:: A9190
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 26-A §§730 - 736, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S3335, A132

2021-S7581 (ACTIVE) - Summary

Establishes the office of flooding prevention and mitigation to manage and coordinate the work of task forces, commissions, and other bodies and programs tasked with examining issues related to flooding, to review and assess best practices and make recommendations regarding flood prevention and mitigation, and to assist municipalities in developing strategies and policies to combat flooding.

2021-S7581 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7581

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing the
office of flooding prevention and mitigation

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a new office within the Executive to coordinate, facilitate,
and enhance flood prevention and mitigation efforts throughout the
state.

 
SUMMARY OF PROVISIONS:

Section 1 creates the Office of Flooding Prevention and Mitigation with-
in the Executive and expresses the legislative intent to take action to
address the significant, on-going, and increasing threats of flooding
through assistance to municipalities, developing new recommendations on
flooding resiliency and by providing for better coordination, review,
and management of various bodies in the state tasked with addressing

flooding.

The Office will be led by a director, who shall be appointed by the
Governor. The functions and duties of the Office include:

1. Appointing staff;

2. Requiring information sharing from other agencies, municipalities,
and other stakeholders;

3. Assisting the Governor in developing flooding policy;

4. To coordinate existing state programs, task forces, commissions, and
other activities;

5. To cooperate with and assist municipalities in flooding prevention
and mitigation matters;

6. To make recommendations to the Governor and the Legislature regarding
improvements to flooding-related laws and to issue reports on flooding
matters;

7. To conduct flooding-related research and analysis;

8. To serve as a clearinghouse for municipalities for flooding-related
information;

9. To provide transparency regarding government efforts on flooding-re-
lated issues; and

10. A variety of other administrative matters.

The bill further sets out the particular types of assistance for munici-
palities, including enhancing communication, information sharing, and
development of processes and forms to streamline efforts.


To enhance coordination and accountability for the wide variety of
existing state efforts regarding flooding, the Office will:

1. Convene biannual meetings of agencies, entities, and programs tasked
with addressing flooding-related issues;

2. Regularly consult and coordinate flooding-related efforts with such
existing state agencies, entities, and programs; and

3. Make publicly available a wide variety of information regarding the
efforts of such state agencies, entities, and programs.

In addition to a variety of on-going duties to report and convey infor-
mation, the Office will communicate its work and a review of its efforts
and make recommendations in a report to the Governor and the Legislature
every three years.

Finally, the Office is tasked with incorporating the likelihood of
increasing threats of flooding due to climate change into its work and
is instructed to ensure its functions and duties are carried out with
consideration of longterm resiliency against flooding.

Section 2 provides for severability.

Section 3 sets the effective date.

 
JUSTIFICATION:

The increasing frequency and severity of flooding throughout the state
has underscored the need for better coordination of efforts and a
comprehensive, state-wide approach to ensuring resiliency. The dramatic
and deadly effects of Hurricane Ida, among many other terrible flooding
events, is an unfortunate recent illustration of the dire threats posed
by flooding in our state, and unfortunately, climate change will only
exacerbate these dangers.

This is not the first state effort to address these challenges.  Howev-
er, our communities still need more. There are currently a variety of
different task forces, commissions, and other state-level bodies tasked
with tackling one or more aspects of flooding. However, the overall
effectiveness of these efforts is unsatisfactory. The Upstate Flood
Mitigation Task Force, for instance, despite being provided for in stat-
ute beginning in 2017, had yet to be formed as of 2021. There is also no
effective coordination among these various bodies to ensure information
sharing and accountability. Perhaps more concerning, resolvable obsta-
cles still prevent municipalities from taking the actions they need to
take to make their communities more resilient to flooding.

This bill creates the Office of Flooding Mitigation and Resiliency to
tackle the challenges of flooding on a comprehensive basis. The director
will be our flooding "czar" who can coordinate flooding prevention and
mitigation efforts throughout the state, ensure accountability for
state-level efforts, and provide a host of supports for municipalities
working to address flooding issues.

In particular, acting as a convener and coordinator of the various
flooding task forces, commissions, councils, and agencies will enhance
communication and facilitate improvement of existing efforts.  This
Office is intentionally structured to be beholden to its mission on an
everyday basis, and less likely to fall behind or by the wayside. Anoth-
er component of this approach is the Office's mandate of transparency
and facilitation of the free flow of information regarding flooding
efforts, which will further incentivize accountability.

Action on the local level is just as critical, if not more so.  Accord-
ingly, the Office is tasked with proactively engaging municipalities on
flooding-related issues, and being a go-to source of help, whether it is
assistance in securing funding for projects, developing resiliency
plans, or coordinating intermunicipal agreements.

Finally, the bill contains a number of other important provisions to
ensure that the Office adheres to an iterative process of improvement,
stays up-to-date on recent developments, and is planning for the reality
of worsening flooding due to climate change.

This comprehensive coordination, dedicated focus, and good government
approach can encourage a ramp up of efforts throughout the state,
provide the support to do so, and will give us roadmaps to keep the
state from falling behind in the race against the escalating threats of
flooding.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The provisions of the bill shall take effect immediately after the bill
becomes law.

2021-S7581 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7581
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             December 8, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   office of flooding prevention and mitigation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new  article  26-A
 to read as follows:
                               ARTICLE 26-A
               OFFICE OF FLOODING PREVENTION AND MITIGATION
 SECTION 730. DECLARATION OF FINDINGS AND LEGISLATIVE INTENT.
         731. OFFICE OF FLOODING PREVENTION AND MITIGATION.
         732. FUNCTIONS AND DUTIES OF THE OFFICE.
         733. SUPPORT FOR COUNTIES AND MUNICIPALITIES.
         734. GOVERNMENT ENTITY COORDINATION; INTRAGOVERNMENTAL MEETINGS.
         735. PUBLIC AVAILABILITY OF INFORMATION; REPORTING.
         736. FLOODING RESILIENCY.
   § 730. DECLARATION OF FINDINGS AND LEGISLATIVE INTENT. 1. THE LEGISLA-
 TURE  FINDS  THAT  FLOODING  EVENTS CONSTITUTE A SIGNIFICANT AND ONGOING
 THREAT TO PEOPLE AND PROPERTY IN THE  STATE  AND  THAT  THE  THREATS  OF
 FLOODING  ARE  EXPECTED  TO  BE EXACERBATED BY THE INCREASING EFFECTS OF
 CLIMATE CHANGE.  THE LEGISLATURE FURTHER FINDS THAT THERE IS A NEED  FOR
 BETTER  COORDINATION AND DIRECTION OF STATE AND LOCAL EFFORTS TO PREVENT
 AND MITIGATE FLOODING.
   2. THE LEGISLATURE DETERMINES THAT THERE IS A NEED FOR A NEW EXECUTIVE
 OFFICE TO MANAGE AND COORDINATE THE WORK OF VARIOUS EXISTING TASK  FORC-
 ES,  COMMISSIONS,  AND  OTHER  BODIES AND PROGRAMS TASKED WITH EXAMINING
 ISSUES RELATED TO FLOODING, TO REVIEW AND ASSESS BEST PRACTICES AND MAKE
 RECOMMENDATIONS REGARDING FLOOD PREVENTION AND MITIGATION, AND TO ASSIST
 MUNICIPALITIES IN DEVELOPING STRATEGIES AND POLICIES TO COMBAT FLOODING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13557-02-1
 S. 7581                             2

 
 ACCORDINGLY, IT IS THE LEGISLATURE'S INTENT THAT A NEW OFFICE OF  FLOOD-
 ING PREVENTION AND MITIGATION BE CREATED TO ACCOMPLISH THESE PURPOSES.
   §  731.  OFFICE OF FLOODING PREVENTION AND MITIGATION. THERE IS HEREBY
 CREATED AN OFFICE OF FLOODING PREVENTION AND MITIGATION IN THE EXECUTIVE
 DEPARTMENT. FOR THE PURPOSES OF THIS ARTICLE, "THE  OFFICE"  SHALL  MEAN
 THE  OFFICE  OF  FLOODING PREVENTION AND MITIGATION. THE OFFICE SHALL BE
 HEADED BY A DIRECTOR, WHO SHALL BE APPOINTED BY THE GOVERNOR BY AND WITH
 THE ADVICE AND CONSENT OF THE SENATE AND SHALL HOLD  OFFICE  DURING  THE
 PLEASURE  OF  THE  GOVERNOR. THE DIRECTOR SHALL HAVE SIGNIFICANT PROFES-
 SIONAL EXPERIENCE IN  FLOODING  PLANNING,  PREVENTION,  MITIGATION,  AND
 RESILIENCY.    THE  DIRECTOR  SHALL  RECEIVE A SALARY TO BE FIXED BY THE
 GOVERNOR WITHIN THE AMOUNT APPROPRIATED  THEREFOR.  THE  DIRECTOR  SHALL
 APPOINT  STAFF  AND PERFORM SUCH OTHER FUNCTIONS TO ENSURE THE EFFICIENT
 OPERATION OF THE OFFICE WITHIN THE AMOUNTS MADE  AVAILABLE  THEREFOR  BY
 APPROPRIATION.
   §  732.  FUNCTIONS AND DUTIES OF THE OFFICE. THE OFFICE SHALL HAVE THE
 FOLLOWING FUNCTIONS AND DUTIES:
   1. TO ESTABLISH AND MAINTAIN A PRINCIPAL OFFICE AND SUCH OTHER OFFICES
 WITHIN THE STATE AS IT MAY DEEM NECESSARY.
   2. TO APPOINT A SECRETARY, COUNSEL, CLERKS AND  SUCH  OTHER  EMPLOYEES
 AND  AGENTS  AS IT MAY DEEM NECESSARY, FIX THEIR COMPENSATION WITHIN THE
 LIMITATIONS PROVIDED BY LAW, AND PRESCRIBE THEIR DUTIES.
   3. TO REQUIRE THAT STATE AGENCIES AND ANY  OTHER  STATE  OR  MUNICIPAL
 DEPARTMENT,  AGENCY,  PUBLIC AUTHORITY, TASK FORCE, COMMISSION, OR OTHER
 STATE OR MUNICIPAL GOVERNMENT BODY, PROVIDE  AND  THE  SAME  ARE  HEREBY
 AUTHORIZED  TO  PROVIDE,  SUCH  ASSISTANCE,  DOCUMENTS, AND DATA AS WILL
 ENABLE THE OFFICE TO CARRY OUT ITS FUNCTIONS AND DUTIES.
   4. TO ESTABLISH AND MAINTAIN A  WEBSITE  WHICH  SHALL  FACILITATE  THE
 SATISFACTION OF THE FUNCTIONS AND DUTIES OF THE OFFICE.
   5.  TO  ADVISE AND ASSIST THE GOVERNOR IN DEVELOPING POLICIES DESIGNED
 TO PREVENT AND MITIGATE FLOODING.
   6. TO COORDINATE STATE PROGRAMS AND ACTIVITIES RELATING  TO  FLOODING,
 INCLUDING,  WITHOUT  LIMITATION, RESILIENT NY, THE DISASTER PREPAREDNESS
 COMMISSION, THE FLOOD MITIGATION TASK  FORCE  WITHIN  THE  CANAL  CORPO-
 RATION, THE ROCKLAND-BERGEN FLOOD MITIGATION COUNCIL, THE NEW YORK STATE
 2100 COMMISSION, THE SEA LEVEL RISE TASK FORCE, THE DELAWARE RIVER BASIN
 COMMISSION,  THE  NEW YORK RISING COMMUNITY CONSTRUCTION PROGRAM AND THE
 UPSTATE FLOOD MITIGATION TASK FORCE, AND TO REQUIRE THAT  SUCH  ENTITIES
 OR PROGRAMS PROVIDE DOCUMENTS TO THE OFFICE.
   7.  TO  COOPERATE  WITH, COORDINATE, ENCOURAGE AND ASSIST COUNTIES AND
 MUNICIPALITIES IN THE DEVELOPMENT OF LOCAL PLANS AND POLICIES FOR FLOOD-
 ING PREPAREDNESS, PREVENTION, AND MITIGATION, TO REFER MUNICIPALITIES TO
 THE APPROPRIATE DEPARTMENTS  AND  AGENCIES  OF  THE  STATE  AND  FEDERAL
 GOVERNMENTS  FOR  ADVICE, ASSISTANCE AND AVAILABLE SERVICES WITH RESPECT
 TO FLOODING, AND TO ADVISE MUNICIPALITIES IN THE SOLUTION  OF  FLOODING-
 RELATED PROBLEMS.
   8.  TO  STUDY  THE OPERATION OF LAWS AND PROCEDURES AFFECTING FLOODING
 AND RECOMMEND TO THE GOVERNOR AND LEGISLATURE PROPOSALS TO  IMPROVE  THE
 ADMINISTRATION AND EFFECTIVENESS OF SUCH LAWS.
   9.  TO  CONSULT  WITH  AND COOPERATE WITH MUNICIPALITIES AND OFFICERS,
 ORGANIZATIONS, GROUPS AND INDIVIDUALS REPRESENTING THEM, TO THE  END  OF
 MORE EFFECTIVELY CARRYING OUT THE FUNCTIONS AND DUTIES OF THE OFFICE.
   10.  TO UNDERTAKE, PROMOTE AND CONDUCT STUDIES, INQUIRIES, SURVEYS AND
 ANALYSES OF ISSUES RELATED TO FLOODING AND AS NECESSARY FOR  PERFORMANCE
 OF  THE  FUNCTIONS AND DUTIES OF THE OFFICE THROUGH THE PERSONNEL OF THE
 OFFICE OR CONSULTANTS, OR IN COOPERATION  WITH  ANY  PUBLIC  OR  PRIVATE
 S. 7581                             3
 
 AGENCIES, NATIONAL ASSOCIATIONS, ACADEMIC INSTITUTIONS, AND NOT-FOR-PRO-
 FIT ORGANIZATIONS.
   11.  TO  SERVE  AS  A  CLEARINGHOUSE FOR THE BENEFIT OF MUNICIPALITIES
 REGARDING INFORMATION RELATING TO FLOODING  PREVENTION  AND  MITIGATION,
 INCLUDING  FLOODING  PREVENTION AND MITIGATION PROJECT FUNDING PROGRAMS,
 AND OTHER INFORMATION RELATING TO THEIR COMMON PROBLEMS WITH RESPECT  TO
 FLOODING  AND  THE  STATE  AND  FEDERAL  SERVICES AVAILABLE TO ASSIST IN
 SOLUTION OF THOSE PROBLEMS.
   12. TO RENDER EVERY THIRD YEAR TO THE GOVERNOR AND TO THE LEGISLATURE,
 ON OR BEFORE DECEMBER FIRST OF EACH SUCH YEAR, A WRITTEN REPORT  ON  THE
 OFFICE'S  ACTIVITIES INCLUDING, BUT NOT LIMITED TO, SPECIFIC INFORMATION
 ON EACH OF THE SUBDIVISIONS OF THIS  SECTION.  SUCH  REPORT  SHALL  ALSO
 INCLUDE BUT NOT BE LIMITED TO INFORMATION REGARDING SIGNIFICANT FLOODING
 EVENTS DURING THE INTERVENING YEARS AND AN ASSESSMENT OF THE ADEQUACY OF
 CURRENT FLOODING-RELATED PROGRAMS, POLICIES, AND STATE AND LOCAL GOVERN-
 MENT BODIES.
   13.  TO MAKE PUBLICLY AVAILABLE INFORMATION REGARDING THE PROGRESS AND
 EFFECTIVENESS OF GOVERNMENT-SUPPORTED FLOOD  PREVENTION  AND  MITIGATION
 EFFORTS IN THE STATE.
   14.  TO  DO  ALL OTHER THINGS NECESSARY OR CONVENIENT TO CARRY OUT THE
 FUNCTIONS AND DUTIES EXPRESSLY SET FORTH IN THIS ARTICLE OR AS MAY  FROM
 TIME  TO  TIME BE CONFIRMED UPON THE SECRETARY BY THE LEGISLATURE OF THE
 STATE.
   § 733. SUPPORT FOR COUNTIES AND MUNICIPALITIES. IN FURTHERANCE OF  THE
 PROVISIONS  OF  SUBDIVISION  NINE OF SECTION SEVEN HUNDRED THIRTY-TWO OF
 THIS ARTICLE, THE OFFICE SHALL ENCOURAGE AND ASSIST LOCAL GOVERNMENTS IN
 THE DEVELOPMENT OF PLANS AND POLICIES FOR  FLOOD  PREVENTION  AND  MITI-
 GATION.  SUCH  ASSISTANCE  SHALL  BE AVAILABLE UPON REQUEST BY THE LOCAL
 GOVERNMENT. IN FURTHERANCE THEREOF, THE DIRECTOR SHALL:
   1. ESTABLISH SUCH PROGRAMS AND PROCESSES AS ARE CONVENIENT  OR  NECES-
 SARY FOR:
   (A)  PROACTIVELY  ENGAGING  COUNTIES  AND MUNICIPALITIES IN DEVELOPING
 FLOOD PREVENTION AND MITIGATION STRATEGIES,
   (B)  PROVIDING  FLOODING-RELATED  RESOURCES,   INCLUDING   INFORMATION
 REGARDING FINANCIAL ASSISTANCE FOR FLOODING PROJECTS,
   (C)  COORDINATING AND FACILITATING CONSULTATION AND COORDINATION AMONG
 LOCAL, COUNTY, REGIONAL,  STATE  AND  FEDERAL  GOVERNMENTAL  BODIES  AND
 COMMUNITY-BASED GROUPS, AND
   (D) SOLICITING INPUT FROM COUNTIES AND MUNICIPALITIES REGARDING FLOOD-
 ING-RELATED CONCERNS.
   2.  DEVELOP  AND MAINTAIN FORMS OF INTERMUNICIPAL AGREEMENTS AND OTHER
 DOCUMENTS AS MAY ASSIST  IN  FACILITATING  COOPERATION  BETWEEN  MUNICI-
 PALITIES  IN ADDRESSING FLOODING ISSUES THAT INVOLVE MORE THAN ONE MUNI-
 CIPALITY.
   3. PROMOTE FLOODING PREVENTION AND MITIGATION  STRATEGIES,  INCLUDING,
 WITHOUT  LIMITATION,  USE  OF  LIVING  SHORELINES AND OTHER NATURE-BASED
 SOLUTIONS, PERMEABLE SURFACES, RAIN GARDENS, WETLAND RESTORATION, WASTE-
 WATER AND STORMWATER INFRASTRUCTURE UPGRADES, ALTERATION OF  FLOOD-PRONE
 STRUCTURES,  AND  OTHER  FLOOD  PREVENTION,  MITIGATION  AND  RESILIENCY
 PROJECTS ENCOMPASSED BY SUBDIVISION ONE OF SECTION 58-0303 AND  SUBDIVI-
 SION ONE OF SECTION 54-1523 OF THE ENVIRONMENTAL CONSERVATION LAW.
   §  734. GOVERNMENT ENTITY COORDINATION; INTRAGOVERNMENTAL MEETINGS. 1.
 THE OFFICE SHALL REGULARLY CONSULT AND COORDINATE ITS EFFORTS WITH  SUCH
 OTHER  STATE  GOVERNMENT  BODIES  AND  OTHER  STATE,  REGIONAL, OR LOCAL
 PROGRAMS AS IS NECESSARY OR CONVENIENT TO SUCCESSFULLY FULFILL ITS FUNC-
 TIONS AND DUTIES.
 S. 7581                             4
 
   2. THE OFFICE SHALL, ON A BIANNUAL BASIS, CONVENE  A  MEETING  OF  THE
 EXECUTIVE  OFFICERS OR SIMILAR OFFICIALS OR THEIR REPRESENTATIVES OF THE
 DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  THE  OFFICE  OF  EMERGENCY
 MANAGEMENT,   THE  DEPARTMENT  OF  STATE,  RESILIENT  NY,  THE  DISASTER
 PREPAREDNESS  COMMISSION,  THE  FLOOD  MITIGATION  TASK FORCE WITHIN THE
 CANAL CORPORATION, THE ROCKLAND-BERGEN FLOOD MITIGATION COUNCIL, THE NEW
 YORK STATE 2100 COMMISSION, THE SEA LEVEL RISE TASK FORCE, THE  DELAWARE
 RIVER  BASIN  COMMISSION,  THE  NEW  YORK  RISING COMMUNITY CONSTRUCTION
 PROGRAM AND THE UPSTATE FLOOD MITIGATION  TASK  FORCE  TO  EVALUATE  THE
 EFFECTIVENESS  OF  FLOODING  PREVENTION  AND  MITIGATION  THROUGHOUT THE
 STATE, TO REVIEW AND ASSESS THE RESPECTIVE CONTRIBUTIONS OF  SUCH  ENTI-
 TIES  AND PROGRAMS TO FLOODING PREVENTION AND MITIGATION, AND TO FACILI-
 TATE COOPERATION AMONGST SUCH ENTITIES AND PROGRAMS.
   § 735. PUBLIC AVAILABILITY OF INFORMATION; REPORTING. 1.  IN  FURTHER-
 ANCE  OF THE PROVISIONS OF SUBDIVISION THIRTEEN OF SECTION SEVEN HUNDRED
 THIRTY-TWO OF THIS ARTICLE, THE OFFICE SHALL COLLECT AND  MAKE  PUBLICLY
 AVAILABLE  ON  ITS WEBSITE REPORTS, RESOURCES, DESCRIPTIONS OF PROCESSES
 AND RESPONSIBILITIES OF THE OFFICE AND OTHER STATE GOVERNMENTAL ENTITIES
 AND PROGRAMS TASKED WITH ADDRESSING  FLOODING-RELATED  ISSUES,  ANALYSES
 REGARDING  THE  EFFECTIVENESS  OF SUCH VARIOUS GOVERNMENTAL ENTITIES AND
 PROGRAMS AND OTHER RELATED AND RELEVANT INFORMATION  FROM  SUCH  GOVERN-
 MENTAL  ENTITIES  AND  PROGRAMS.  SUCH  GOVERNMENT ENTITIES AND PROGRAMS
 SHALL INCLUDE, WITHOUT LIMITATION, RESILIENT NY, THE DISASTER  PREPARED-
 NESS COMMISSION, THE FLOOD MITIGATION TASK FORCE WITHIN THE CANAL CORPO-
 RATION, THE ROCKLAND-BERGEN FLOOD MITIGATION COUNCIL, THE NEW YORK STATE
 2100 COMMISSION, THE SEA LEVEL RISE TASK FORCE, THE DELAWARE RIVER BASIN
 COMMISSION,  THE  NEW YORK RISING COMMUNITY CONSTRUCTION PROGRAM AND THE
 UPSTATE FLOOD MITIGATION TASK FORCE.
   2. NO LATER THAN DECEMBER FIRST, TWO  THOUSAND  TWENTY-THREE,  AND  BY
 NOVEMBER  THIRTIETH  OF  EVERY  THIRD  YEAR THEREAFTER, THE OFFICE SHALL
 TRANSMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND  THE
 SPEAKER OF THE ASSEMBLY A REPORT CONTAINING:
   (A)  AN  ASSESSMENT  OF  THE  EXTENT  AND MAGNITUDE OF FLOODING RISKS,
 INCLUDING IDENTIFYING THOSE REGIONS AND  POPULATIONS  MOST  AFFECTED  BY
 FLOODING;
   (B)  CRITERIA  AND GUIDELINES FOR IDENTIFYING AND PRIORITIZING REGIONS
 AND PROJECTS MOST IN NEED OF MITIGATION;
   (C) IDENTIFICATION OF EXISTING AND EMERGING  TECHNOLOGIES,  STRATEGIES
 AND  POLICIES  WHICH  CAN MITIGATE THE IMPACT OF FLOODING ON POPULATIONS
 AND INFRASTRUCTURE;
   (D) IDENTIFICATION OF POTENTIAL FUNDING SOURCES  TO  SUPPORT  RESIDEN-
 TIAL, COMMERCIAL AND PUBLIC MITIGATION EFFORTS;
   (E)  RESEARCH  PROJECTS  OR  STUDIES TO BETTER UNDERSTAND HOW FLOODING
 AFFECTS THE GEOGRAPHY AND THE POPULATION OF THIS STATE; AND
   (F) RECOMMENDATIONS TO THE GOVERNOR AND THE STATE  LEGISLATURE  AS  TO
 THE BEST USE OF STATE RESOURCES TO ASSIST FLOOD-PRONE COUNTIES AND MUNI-
 CIPALITIES TO PREVENT OR MITIGATE THE EFFECTS OF FLOODING.
   § 736. FLOODING RESILIENCY. IN FULFILLING THE PROVISIONS OF THIS ARTI-
 CLE, THE OFFICE SHALL INCORPORATE INTO ITS POLICIES, PROCESSES AND DECI-
 SIONS  CONSIDERATION  FOR  THE  INCREASED  LIKELIHOOD OF FLOODING DUE TO
 CLIMATE CHANGE AS COMPARED TO HISTORIC INDICATORS AND THE NEED FOR LONG-
 TERM RESILIENCY AGAINST SUCH INCREASE IN FLOODING. THE OFFICE IS AUTHOR-
 IZED TO AND SHALL TAKE ACTIONS AND  MAKE  RECOMMENDATIONS  WHICH  EXCEED
 CURRENT  BEST PRACTICES FOR FLOODING PREVENTION AND MITIGATION WHEN SUCH
 CURRENT BEST PRACTICES DO NOT SUFFICIENTLY ACCOUNT FOR THE LIKELIHOOD OF
 INCREASED FLOODING DUE TO CLIMATE CHANGE.
 S. 7581                             5

   § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   § 3. This act shall take effect immediately.

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Senate Bill S7581

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2021-S7581 (ACTIVE) - Details

2021-S7581 (ACTIVE) - Summary

2021-S7581 (ACTIVE) - Sponsor Memo

2021-S7581 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7581

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2021-S7581 (ACTIVE) - Details

2021-S7581 (ACTIVE) - Summary

2021-S7581 (ACTIVE) - Sponsor Memo

2021-S7581 (ACTIVE) - Bill Text download pdf

Comments