S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5186--A
     Cal. No. 511
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced  by  Sens.  MAYER,  GOUNARDES,  MAY,  RAMOS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Environmental  Conservation -- reported favorably from said committee,
   ordered to first and second report, ordered to a third reading, passed
   by Senate and delivered to the Assembly, recalled, vote  reconsidered,
   restored  to  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:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05011-04-3
              

 S. 5186--A                          2
 
 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-
 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.