S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1609
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2025
                                ___________
 
 Introduced  by  Sens.  HARCKHAM, HINCHEY, MAY, ROLISON -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   requiring the department of environmental conservation, after  consul-
   tation with the environmental facilities corporation and department of
   state, to submit an annual agency stormwater expenditure report
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Sections 16-0101 through 16-0119 of  article  16  of  the
 environmental  conservation  law are designated title 1, and a new title
 heading is added to read as follows:
            STATE PARTICIPATION IN FEDERAL FLOOD CONTROL PROGRAM
   § 2. Article 16 of the environmental conservation law  is  amended  by
 adding a new title 3 to read as follows:
                                   TITLE 3
                       STATE STORMWATER FLOOD CONTROL
 SECTION 16-0301. AGENCY STORMWATER EXPENDITURE REPORTING.
 § 16-0301. AGENCY STORMWATER EXPENDITURE REPORTING.
   1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "AGENCY" MEANS ANY DEPARTMENT, BOARD,  BUREAU,  COMMISSION,  DIVI-
 SION, OFFICE, OR COMMITTEE OF THE STATE, OR STATE AUTHORITY.
   (B)  "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC BENEFIT
 CORPORATION CREATED BY OR EXISTING UNDER THE PUBLIC AUTHORITIES LAW,  OR
 ANY  OTHER LAW OF THE STATE OF NEW YORK, WITH ONE OR MORE OF ITS MEMBERS
 APPOINTED BY THE GOVERNOR OR WHO SERVE AS MEMBERS BY VIRTUE OF HOLDING A
 CIVIL OFFICE OF THE STATE, OTHER THAN  AN  INTERSTATE  OR  INTERNATIONAL
 AUTHORITY  OR PUBLIC BENEFIT CORPORATION, INCLUDING SUBSIDIARIES OF SUCH
 PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05209-01-5
 S. 1609                             2
              

 
   (C) "STORMWATER FUNDING" MEANS ALL SPENDING  BY  THE  STATE  ON  WATER
 INFRASTRUCTURE  PROJECTS  INTENDED TO REDUCE OR MITIGATE FLOODING IN THE
 STATE.
   2. ANNUAL AGENCY STORMWATER EXPENDITURE REPORT.  THE DEPARTMENT, AFTER
 CONSULTATION  WITH THE ENVIRONMENTAL FACILITIES CORPORATION, THE DEPART-
 MENT OF STATE, AND ANY OTHER APPLICABLE AGENCY OR STATE AUTHORITY, SHALL
 SUBMIT TO THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
 ASSEMBLY,  THE MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER OF
 THE ASSEMBLY, AS EARLY AS PRACTICABLE, BUT NO LATER THAN  THE  FIRST  OF
 JULY OF THE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, AN ANNUAL
 AGENCY  STORMWATER  EXPENDITURE  REPORT.  SUCH  REPORT  SHALL  CONTAIN A
 COMPREHENSIVE ESTIMATE AND  SUMMARY  OF  STORMWATER  FUNDING  UNDER  THE
 DEPARTMENT,  THE ENVIRONMENTAL FACILITIES CORPORATION, THE DEPARTMENT OF
 STATE AND OTHER APPLICABLE AGENCIES OR STATE AUTHORITIES, INCLUDING,  AT
 MINIMUM:
   (A) AMOUNTS SPENT IN THE PRIOR FISCAL YEAR; AND
   (B)  RECOMMENDATIONS  REGARDING FUTURE STORMWATER FUNDING. RECOMMENDA-
 TIONS SHALL:
   (I) BE BASED ON AN ANALYSIS WHICH TAKES INTO CONSIDERATION  A  VARIETY
 OF FACTORS INCLUDING, BUT NOT LIMITED TO, PROJECT TYPE, SOURCE OF FUNDS,
 WATERSHEDS OF PARTICULAR CONCERN, BENEFIT-COST RATIOS, PRIORITIZATION OF
 NATURE-BASED SOLUTIONS WHERE SUITABLE, PROJECT PIPELINE, AND RECOMMENDA-
 TIONS  OF  THE  UPSTATE  FLOOD  MITIGATION TASK FORCE AND OTHER RELEVANT
 INITIATIVES; AND
   (II) IDENTIFY ANY PROGRAMMATIC OR ADMINISTRATIVE CHALLENGES, ESTABLISH
 STATE-WIDE OBJECTIVES FOR STORMWATER  INFRASTRUCTURE  IMPROVEMENTS,  AND
 ESTIMATE  WHAT  FUTURE  FUNDING  INCREASES MAY BE NECESSARY TO MEET SUCH
 OBJECTIVES, WITH RELEVANT DETAIL.
   § 3. This act shall take effect on the first of February next succeed-
 ing the year in which it shall have become a law.