S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7051
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing a sea level rise mitigation and adaptation plan
 
   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 section 3-0320 to read as follows:
 § 3-0320. SEA  LEVEL  RISE MITIGATION AND ADAPTATION PLAN; CITIES WITH A
             POPULATION OF ONE MILLION OR MORE.
   1. THE DEPARTMENT, IN CONSULTATION WITH THE NEW  YORK  CITY  EMERGENCY
 MANAGEMENT DEPARTMENT, SHALL:
   (A)  ESTABLISH  A  SEA  LEVEL  RISE MITIGATION AND ADAPTATION PLAN FOR
 CITIES WITH A POPULATION OF ONE MILLION OR MORE, TO  IDENTIFY  LAND  AND
 EXISTING AND PLANNED FACILITIES, INCLUDING CRITICAL INFRASTRUCTURE, THAT
 HAVE  BEEN  AFFECTED  BY  OR  ARE VULNERABLE TO SEA LEVEL RISE, FLOODING
 IMPACTS, AND NATURAL HAZARDS. THE DEPARTMENT SHALL UTILIZE  INFORMATION,
 PROJECTIONS  AND  MAP  DATA FROM THE MOST RECENT UPDATE OF THE SEA LEVEL
 RISE VULNERABILITY AND ADAPTATION REPORT,  THE  NEW  YORK  CITY  MAYOR'S
 OFFICE  OF  RESILIENCY'S  CLIMATE  RESILIENCE  MASTER PLAN AND ANY OTHER
 AGENCY REPORT WITH PERTINENT RELATED DATA, AND ANY OTHER PERTINENT  DATA
 AND SCIENTIFIC REPORTS THE DEPARTMENT DEEMS NECESSARY;
   (B)  ASSESS  A  RANGE OF OPTIONS, INCLUDING ENVIRONMENTAL, SOCIAL, AND
 ECONOMIC FACTORS, FOR MITIGATING IMPACTS OF SEA LEVEL RISE;
   (C) SUBMIT AN ANNUAL  SEA  LEVEL  RISE  VULNERABILITY  AND  ADAPTATION
 REPORT  TO  THE  GOVERNOR,  THE  MAYOR  OF THE CITY OF NEW YORK, AND THE
 DEPARTMENT OF STATE NO LATER THAN NINETY DAYS AFTER  THE  COMPLETION  OF
 SUCH REPORT; AND
   (D)  THIRTY DAYS AFTER THE SUBMISSION OF SUCH REPORT REQUIRED PURSUANT
 TO PARAGRAPH (C) OF THIS SUBDIVISION, CONDUCT PUBLIC HEARINGS FOR PUBLIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05508-02-3
 A. 7051                             2
              

 
 COMMENT IN FIVE DIFFERENT COUNTIES WITHIN CITIES WITH  A  POPULATION  OF
 ONE MILLION OR MORE.
   2.  (A)  ONE  HUNDRED  EIGHTY DAYS FOLLOWING THE SUBMISSION OF THE SEA
 LEVEL RISE VULNERABILITY AND ADAPTATION REPORT, THE DEPARTMENT SHALL  BE
 AUTHORIZED TO IMPLEMENT AND ADMINISTER CLIMATE ADAPTATION AND MITIGATION
 PROJECTS. SUCH PROJECTS SHALL INCLUDE:
   (I)  THE CONSTRUCTION OF NATURAL RESILIENCY MEASURES AND THE CONSERVA-
 TION OR RESTORATION OF RIPARIAN AREAS AND TIDAL MARSH MIGRATION AREAS;
   (II) NATURE-BASED SOLUTIONS SUCH AS  WETLAND  PROTECTIONS  TO  ADDRESS
 PHYSICAL  CLIMATE RISK DUE TO SEA LEVEL RISE, STORM SURGES AND/OR FLOOD-
 ING, BASED ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE EXTREME
 WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE;
   (III) RELOCATION OR RETROFITTING OF  FACILITIES  TO  ADDRESS  PHYSICAL
 CLIMATE  RISK  DUE TO SEA LEVEL RISE, STORM SURGES AND/OR FLOODING BASED
 ON AVAILABLE DATA PREDICTING THE LIKELIHOOD OF  FUTURE  EXTREME  WEATHER
 EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE; AND
   (IV) FLOOD RISK REDUCTION.
   (B)  WITH  RESPECT  TO SUCH CLIMATE ADAPTATION AND MITIGATION PROJECTS
 AUTHORIZED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE DEPARTMENT
 SHALL:
   (I) PROVIDE STATE AND REGIONAL INFORMATION TO THE PUBLIC  AND  PROVIDE
 SUPPORT TO LOCAL, REGIONAL, AND OTHER STATE AGENCIES FOR THE IDENTIFICA-
 TION,  ASSESSMENT,  PLANNING,  AND,  WHERE  FEASIBLE,  THE MITIGATION OF
 ADVERSE ENVIRONMENTAL, SOCIAL, AND ECONOMIC EFFECTS OF SEA LEVEL RISE IN
 CITIES WITH A POPULATION OF ONE MILLION OR MORE;
   (II) TO THE FULLEST EXTENT PRACTICABLE, PRIORITIZE CLIMATE  ADAPTATION
 AND MITIGATION PROJECTS WHICH:
   (1)  ACTIVELY  BENEFIT  DISADVANTAGED  COMMUNITIES  AS  DEFINED BY THE
 CLIMATE JUSTICE WORKING GROUP;
   (2) MINIMIZE HARM TO WILDLIFE, ECOSYSTEMS, PUBLIC HEALTH,  AND  PUBLIC
 SAFETY;
   (3) DO NOT VIOLATE INDIGENOUS RIGHTS OR SOVEREIGNTY; AND
   (4) ARE THE MOST COST-EFFECTIVE TO THE STATE AND CITY ACCORDING TO THE
 BEST AVAILABLE COST MODELING RESEARCH;
   (III)  CONSTRUCT  SEA  LEVEL  RISE MITIGATION PROJECTS IN CONSULTATION
 WITH AFFECTED LABOR UNIONS AND COMMUNITY ORGANIZATIONS THROUGH  THE  NEW
 YORK  STATE  ENERGY  RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN
 ENERGY HUBS;
   (IV) ESTABLISH CRITERIA TO EVALUATE WHETHER STATE OR CITY FUNDS MAY BE
 USED TO MITIGATE HAZARDS ASSOCIATED WITH SEA LEVEL RISE  INUNDATION  AND
 COASTAL FLOODING; AND
   (V)  COORDINATE WITH OTHER STATE PLANNING AND COASTAL MANAGEMENT AGEN-
 CIES, INCLUDING, BUT NOT LIMITED TO, THE DEPARTMENT  OF  STATE  AND  THE
 DEPARTMENT  OF  PUBLIC SERVICE TO ADMINISTER GRANTS AND PROVIDE INFORMA-
 TION AND SUPPORT TO LOCAL, REGIONAL, AND OTHER STATE AGENCIES CONSISTENT
 WITH STATUTORY AUTHORITY.
   § 2. This act shall take effect immediately.