Bill Text: NY A04245 | 2021-2022 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2022-01-05 - referred to environmental conservation [A04245 Detail]

Download: New_York-2021-A04245-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4245

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced by M. of A. ENGLEBRIGHT, OTIS, COLTON, FAHY, ABINANTI -- read
          once and referred to the Committee on Environmental Conservation

        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, para-
     3  graphs f and g of subdivision 1 as amended and paragraph h  of  subdivi-
     4  sion  1  as added by chapter 106 of the laws of 2019, is amended to read
     5  as follows:
     6  § 54-1523. Climate adaptation and mitigation projects.
     7    1. The commissioner is authorized to provide on a  competitive  basis,
     8  within amounts appropriated, state assistance payments to a municipality
     9  toward  the  cost of any climate adaptation or mitigation projects. Such
    10  projects shall include:
    11    a. the construction of natural resiliency  measures,  conservation  or
    12  restoration of riparian areas and tidal marsh migration areas;
    13    b. nature-based solutions such as wetland protections to address phys-
    14  ical  climate  risk  due  to  sea level rise, and/or storm surges and/or
    15  flooding, based on available data predicting the  likelihood  of  future
    16  extreme  weather events, including hazard risk analysis data if applica-
    17  ble;
    18    c. relocation or retrofit of facilities to  address  physical  climate
    19  risk due to sea level rise, and/or storm surges and/or flooding based on
    20  available  data  predicting  the  likelihood  of  future extreme weather
    21  events, including hazard risk analysis data if applicable;
    22    d. flood risk reduction;
    23    e. greenhouse gas emission reductions outside the power sector;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08695-01-1
        A. 4245                             2

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