Bill Text: NY A02524 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to enhancing the state's flood mitigation and coastal resiliency activities; establishes a restriction on alienation.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2020-01-08 - referred to environmental conservation [A02524 Detail]

Download: New_York-2019-A02524-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2524
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2019
                                       ___________
        Introduced by M. of A. ENGLEBRIGHT, JAFFEE, OTIS, COLTON, FAHY, ABINANTI
          --  read once and referred to the Committee on Environmental Conserva-
          tion
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          enhancing  the  state's flood mitigation and coastal resiliency activ-
          ities
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 54-1523 of the environmental conservation law, as
     2  added by section 5 of part U of chapter 58  of  the  laws  of  2016,  is
     3  amended to read as follows:
     4  § 54-1523. Climate adaptation and mitigation projects.
     5    1.  The  commissioner is authorized to provide on a competitive basis,
     6  within amounts appropriated, state assistance payments to a municipality
     7  toward the cost of any climate adaptation or mitigation  projects.  Such
     8  projects shall include:
     9    a.  the  construction  of natural resiliency measures, conservation or
    10  restoration of riparian areas and tidal marsh migration areas;
    11    b. nature-based solutions such as wetland protections to address phys-
    12  ical climate risk due to sea level  rise,  and/or  storm  surges  and/or
    13  flooding,  based  on  available data predicting the likelihood of future
    14  extreme weather events, including hazard risk analysis data if  applica-
    15  ble;
    16    c.  relocation  or  retrofit of facilities to address physical climate
    17  risk due to sea level rise, and/or storm surges and/or flooding based on
    18  available data predicting  the  likelihood  of  future  extreme  weather
    19  events, including hazard risk analysis data if applicable;
    20    d. flood risk reduction;
    21    e. greenhouse gas emission reductions outside the power sector;
    22    f.  enabling  communities  to become certified under the climate smart
    23  communities program, including by developing natural resources  invento-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05998-02-9

        A. 2524                             2
     1  ries, right sizing of municipal fleets and developing climate adaptation
     2  strategies; [and]
     3    g.  climate change adaptation planning and supporting studies, includ-
     4  ing but not limited to vulnerability assessment  and  risk  analysis  of
     5  municipal drinking water, wastewater, and transportation infrastructure;
     6  and
     7    h. land acquisition, including but not limited to flood mitigation and
     8  coastal  riparian  resiliency;  provided,  however,  no  monies shall be
     9  expended for acquisition by eminent domain.
    10    2. To the fullest extent practicable, it is the policy of the state to
    11  promote an equitable regional distribution  of  climate  adaptation  and
    12  mitigation  projects,  consistent with the purpose of this title, taking
    13  into account regional differences in climate change risks, socioeconomic
    14  conditions and ecological resources.
    15    [3. No monies shall be expended for land acquisition.]
    16    § 2. The environmental conservation law is amended  by  adding  a  new
    17  section 54-1525 to read as follows:
    18  § 54-1525. Restriction on alienation.
    19    Real property acquired, developed, improved, restored or rehabilitated
    20  by  a  municipality  pursuant  to  this  title with funds made available
    21  pursuant to this title shall not be sold or  disposed  of  or  used  for
    22  other  than  public  purposes without the express authority of an act of
    23  the legislature, which shall provide for the substitution of other lands
    24  of equal environmental and fair market value and  reasonably  equivalent
    25  usefulness  and  location  to those to be discontinued, sold or disposed
    26  of, and such other requirements as shall be approved by the  commission-
    27  er.
    28    §  3.  Subdivision 6 of section 15-3303 of the environmental conserva-
    29  tion law, as added by section 2 of part T of chapter 57 of the  laws  of
    30  2017, is amended to read as follows:
    31    6.  Real property acquired, developed, improved, restored or rehabili-
    32  tated by or through a municipality, county soil and  water  conservation
    33  district  or not-for-profit corporation with funds made available pursu-
    34  ant to this title shall not  be  sold,  leased,  exchanged,  donated  or
    35  otherwise disposed of or used for other than the public purposes of this
    36  title  without the express authority of an act of the legislature, which
    37  shall provide for the substitution of other lands of equal environmental
    38  value and fair market value and  reasonably  equivalent  usefulness  and
    39  location  to  those  to  be  discontinued, sold or disposed of, and such
    40  other requirements as shall be approved by the commissioner.
    41    § 4. This act shall take effect immediately.
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