S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  132--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by M. of A. CRUZ, OTIS, SIMON, JEAN-PIERRE, EACHUS, SHIMSKY,
   PHEFFER AMATO -- read once and referred to the  Committee  on  Govern-
   mental  Operations  --  recommitted  to  the Committee on Governmental
   Operations in accordance with Assembly Rule 3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02102-03-4
 A. 132--A                           2
 
 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.
 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 AGENCIES, PROGRAMS AND ACTIVITIES RESPONSIBLE
 FOR OR RELATING TO FLOODING, INCLUDING, WITHOUT LIMITATION, THE  DEPART-
 MENT   OF   ENVIRONMENTAL  CONSERVATION,  THE  DEPARTMENT  OF  FINANCIAL
 SERVICES, THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES,  THE
 DEPARTMENT OF STATE, RESILIENT NY, THE DISASTER PREPAREDNESS COMMISSION,
 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 THE EXTENT SUCH ENTITY EXISTS OR
 IS PRESENTLY CONVENED, AS APPLICABLE, 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.
 A. 132--A                           3
 
   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
 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 SOLV-
 ING SUCH 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
 A. 132--A                           4
 
 PROJECTS  ENCOMPASSED BY SUBDIVISION ONE OF SECTION 54-1523 AND SUBDIVI-
 SION ONE OF SECTION 58-0303 OF THE ENVIRONMENTAL CONSERVATION LAW.
   4.  COMMUNICATE  AND  COORDINATE  WITH  THE  DEPARTMENT  OF  FINANCIAL
 SERVICES REGARDING FLOOD  INSURANCE-RELATED  MATTERS  AFFECTING  MUNICI-
 PALITIES  TO IMPROVE MUNICIPAL PARTICIPATION AND COMPLIANCE WITH RESPECT
 TO SUCH RELEVANT FLOOD INSURANCE PROGRAMS.
   § 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.
   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 DEPARTMENT OF FINANCIAL
 SERVICES, THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES,  THE
 DEPARTMENT OF STATE, RESILIENT NY, THE DISASTER PREPAREDNESS COMMISSION,
 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 THE EXTENT SUCH ENTITY EXISTS OR
 IS PRESENTLY CONVENED, AS APPLICABLE, TO EVALUATE THE  EFFECTIVENESS  OF
 FLOODING  PREVENTION  AND MITIGATION THROUGHOUT THE STATE, TO REVIEW AND
 ASSESS THE RESPECTIVE CONTRIBUTIONS OF SUCH  ENTITIES  AND  PROGRAMS  TO
 FLOODING  PREVENTION  AND  MITIGATION,  AND  TO  FACILITATE  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  AGEN-
 CIES,  ENTITIES  AND  PROGRAMS  TASKED  WITH ADDRESSING FLOODING-RELATED
 ISSUES, ANALYSES REGARDING THE EFFECTIVENESS  OF  SUCH  VARIOUS  GOVERN-
 MENTAL  ENTITIES AND PROGRAMS AND OTHER RELATED AND RELEVANT INFORMATION
 FROM SUCH GOVERNMENTAL AGENCIES, ENTITIES  AND  PROGRAMS.  SUCH  GOVERN-
 MENTAL  AGENCIES,  ENTITIES  AND PROGRAMS SHALL INCLUDE, WITHOUT LIMITA-
 TION, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,  THE  DEPARTMENT  OF
 FINANCIAL  SERVICES,  THE  DIVISION  OF  HOMELAND SECURITY AND EMERGENCY
 SERVICES, THE DEPARTMENT OF STATE, RESILIENT NY, THE DISASTER  PREPARED-
 NESS  COMMISSION,  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 THE EXTENT  SUCH
 ENTITY EXISTS OR IS PRESENTLY CONVENED, AS APPLICABLE.
   2.  NO  LATER  THAN  DECEMBER  FIRST, TWO THOUSAND TWENTY-FIVE, 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;
 A. 132--A                           5
 
   (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.
   § 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.