S. 3335--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.
S. 3335--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
S. 3335--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;
S. 3335--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.
