S T A T E O F N E W Y O R K
________________________________________________________________________
8110
I N S E N A T E
January 8, 2024
___________
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT reconvening the New York state sea level rise task force; and
providing for the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 1. New York state sea level rise task force. There is here-
by reconvened, within the department of environmental conservation, the
sea level rise task force ("task force") established by chapter 613 of
the laws of 2007, which shall consist of 16 members who shall be
appointed as follows:
(a) the commissioner of environmental conservation or their designee;
(b) the secretary of state or their designee;
(c) the commissioner of transportation or their designee;
(d) the commissioner of health or their designee;
(e) the director of the state emergency management office or their
designee;
(f) the superintendent of insurance or their designee;
(g) two members to be appointed by the temporary president of the
senate;
(h) two members to be appointed by the speaker of the assembly;
(i) one member to be appointed by the minority leader of the senate;
(j) one member to be appointed by the minority leader of the assembly;
(k) one member to be appointed by the mayor of the city of New York;
(l) one member to be appointed by the county executive of the county
of Westchester;
(m) one member to be appointed by the county executive of the county
of Nassau; and
(n) one member to be appointed by the county executive of the county
of Suffolk.
2. The at large members shall have expertise in one or more of the
following areas: climatology; hydrology; economics; marine fisheries;
law enforcement and emergency management; estuary programs; oceanography
or coastal ocean science; ecology or environmental biology; resilient
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13837-02-3
S. 8110 2
infrastructure; geographic mapping and spatial analysis; urban planning
and sustainable development; and environmental justice.
3. Task force members shall receive no compensation for their services
but shall be reimbursed for actual and necessary expenses incurred in
the performance of their duties.
4. The chairperson of the task force shall be the commissioner of the
department of environmental conservation or their designee. The task
force shall meet no less than four times and at other times at the call
of the chairperson.
5. Any vacancies on the task force shall be filled in the manner
provided for in the initial appointment.
6. The task force shall be authorized to hold public hearings and
meetings to enable it to accomplish its duties.
7. The task force may consult with any organization, educational
institution, other government entity or agency or person in the develop-
ment of its report required by subdivision 10 of this section.
8. The department of environmental conservation shall provide the task
force with such facilities, assistance and data as will enable the task
force to carry out its powers and duties. Additionally, all other agen-
cies of the state or subdivisions thereof may, at the request of the
chairperson, provide the task force with such facilities, assistance,
and data as will enable the task force to carry out its powers and
duties.
9. The purpose of the New York state sea level rise task force shall
be to:
(a) review the report and recommendations previously issued by the
task force, and to determine the progress made in effectuating such
recommendations and what recommendations require additional efforts;
(b) develop an updated evaluation of ways of protecting New York's
remaining coastal ecosystems and natural habitats and increasing coastal
community resilience in the face of sea level rise, applying the best
available science as to sea level rise and its anticipated impacts; and
(c) updating previous recommendations and, if appropriate, making new
recommendations on sea level rise resiliency.
10. No later than December 31, 2025, the task force shall transmit to
the governor, the temporary president of the senate and the speaker of
the assembly a report containing the following:
(a) an assessment of present and anticipated impacts related to sea
level rise;
(b) an evaluation of previous recommendations of the task force, and
any new recommendations, related to mechanisms New York could establish
or improve to provide stronger, more protective standards, and the
implementation and enforcement of such standards for coastal develop-
ment, wetlands protection, shoreline erosion and damage mitigation, and
post-storm approaches for New York state in the context of sea level
rise, including an evaluation of current policies of the department of
environmental conservation and the department of state and whether they
reflect the recommendations of the task force;
(c) an evaluation of previous recommendations of the task force, and
any new recommendations, regarding adaptive measures which may be taken
to respond to sea level rise, including measures to:
(i) protect and connect terrestrial and aquatic habitats to allow
animal and plant species to migrate as temperatures change, especially
in already fragmented habitats;
(ii) protect and restore habitat on which already stressed animal and
plant species depend to maintain the integrity of natural communities
S. 8110 3
and to protect ecological services they provide including flood control,
drinking water supply protection, clean water and clean air;
(iii) identify and monitor effects of climate change on animals,
plants and natural communities;
(iv) integrate climate change adaptation strategies into state envi-
ronmental plans, including but not limited to those related to the
community risk and resiliency act, as established by chapter 355 of the
laws of 2014, and the climate leadership and community protection act,
as established by chapter 106 of the laws of 2019; and
(v) ensure insurance industry resiliency and understanding among
insureds regarding flooding risk.
(d) an evaluation of previous recommendations, and any new recommenda-
tions, on state and local regulatory and/or statutory alterations to
respond to the impacts of sea level rise;
(e) (i) a review of the current flood zone designations of shoreline
and waterfront communities;
(ii) a review of critical infrastructure such as water and waste
filtration systems, chemical and fuel storage facilities, energy produc-
ing facilities and equipment in FEMA designated flood zones prone to
flooding due to sea level rise; and
(iii) the need for a public awareness campaign to inform residents
in flood zones prone to flooding due to sea level rise on how to prepare
for sea level rise impacts;
(f) consideration in such recommendations for:
(i) differences between areas of varying developmental density,
including densely populated areas such as the city of New York; and
(ii) findings and recommendations of other relevant governmental
studies and reports, including but not limited to those of the NYS 2100
Commission, the One NYC 2050 Strategic Plan, guidance developed pursuant
to the community risk and resiliency act, and the Scoping Plan required
by section 75-0103 of the environmental conservation law; and
(g) estimates of costs to residents, businesses, and governments of
sea level rise impacts and adaptation and mitigation measures.
11. No later than December 31, 2025, the secretary of state shall
transmit to the governor, the temporary president of the senate and the
speaker of the assembly a report detailing how the state will implement
the task force recommendations, including timelines for implementation.
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed January 1, 2026.
