S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8828--A
     Cal. No. 1105
 
                             I N  S E N A T E
 
                              April 21, 2022
                                ___________
 
 Introduced  by  Sens.  MAYER,  GOUNARDES,  MAY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- reported favorably from said committee, ordered
   to first and second report, ordered to a third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading

 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.
                                                            LBD13631-05-2
 S. 8828--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.