S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5221--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by M. of A. OTIS, BENEDETTO, SIMON -- read once and referred
   to  the  Committee  on   Environmental   Conservation   --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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:
   (1)  AUTHORIZE  AND ENCOURAGE THE USE OF NATURE-BASED SOLUTIONS AS THE
 PREFERRED ALTERNATIVE, WHERE APPROPRIATE, FOR STABILIZING  TIDAL  SHORE-
 LINES  IN  THE  STATE WHEN PROMULGATING AND IMPLEMENTING RULES AND REGU-
 LATIONS RELATING THERETO, SPECIFICALLY INCLUDING, BUT  NOT  LIMITED  TO,
 THOSE  PROMULGATED AND IMPLEMENTED FOR ARTICLES FIFTEEN, TWENTY-FIVE AND
 THIRTY-FOUR OF THIS CHAPTER.  THE  DEPARTMENT  SHALL  CONSULT  WITH  THE
 UNITED  STATES  ARMY  CORPS  OF  ENGINEERS TO ENSURE THE MINIMIZATION OF
 CONFLICTS WITH FEDERAL LAW AND REGULATION.
   (2) CONTINUE DEVELOPING INTEGRATED  GUIDANCE  FOR  THE  MANAGEMENT  OF
 TIDAL  SHORELINE  SYSTEMS  TO  PROVIDE A TECHNICAL BASIS FOR THE COORDI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05011-03-3
              

 A. 5221--A                          2
 
 NATION OF PERMIT DECISIONS REQUIRED BY ANY REGULATORY ENTITY  EXERCISING
 AUTHORITY OVER A SHORELINE MANAGEMENT PROJECT. SUCH GUIDANCE SHALL:
   (I)  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;
   (II) IDENTIFY PREFERRED SHORELINE MANAGEMENT APPROACHES FOR THE SHORE-
 LINE AND COMMUNITY TYPES FOUND IN THE STATE;
   (III) EXPLAIN THE RISKS AND BENEFITS OF PROTECTION PROVIDED BY VARIOUS
 SHORELINE SYSTEM ELEMENTS ASSOCIATED WITH EACH MANAGEMENT OPTION; AND
   (IV)  RECOMMEND  PROCEDURES TO ACHIEVE EFFICIENCY AND EFFECTIVENESS BY
 THE VARIOUS REGULATORY ENTITIES EXERCISING AUTHORITY  OVER  A  SHORELINE
 MANAGEMENT PROJECT.
   (3) GIVE PREFERENCE TO A PERMIT APPLICATION FOR A SHORELINE MANAGEMENT
 PROJECT  BASED  ON  NATURE-BASED  SOLUTION  DESIGN UNLESS AN ALTERNATIVE
 ANALYSIS CONTAINING A REVIEW OF NATURE-BASED SOLUTIONS  THAT  HAVE  BEEN
 EVALUATED   USING   THE  BEST  AVAILABLE  INFORMATION  SHOWS  THAT  SUCH
 APPROACHES ARE NOT SUITABLE. IF THIS ANALYSIS SHOWS THAT A  NATURE-BASED
 SOLUTION  APPROACH  IS  UNSUITABLE  OR  INCONSISTENT WITH LAND-USE REGU-
 LATIONS, THE DEPARTMENT SHALL REQUIRE THE APPLICANT TO  INCORPORATE,  TO
 THE  MAXIMUM  EXTENT  POSSIBLE, ELEMENTS OF A NATURE-BASED SOLUTION THAT
 ARE SUITABLE FOR THE PROJECT WHERE APPROPRIATE.
   B. (1) 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.
   (2) WHEN CONSIDERING A NATURE-BASED  SOLUTION  THE  DEPARTMENT  SHOULD
 PRIORITIZE TECHNIQUES, INCLUDING BUT NOT LIMITED TO THOSE THAT:
   (I)  CONTROL  OR  REDUCE  SHORELINE EROSION WHILE MAINTAINING BENEFITS
 COMPARABLE TO THE NATURAL  SHORELINE  INCLUDING,  BUT  NOT  LIMITED  TO,
 ALLOWING FOR NATURAL SEDIMENT MOVEMENT;
   (II)  IMPROVE,  RESTORE, OR MAINTAIN THE CONNECTION BETWEEN THE UPLAND
 AND WATER HABITATS; AND
   (III) 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.