Bill Text: NY S03435 | 2019-2020 | General Assembly | Amended

---

Bill Title: Establishes a commission to be known as the "New York seawall study commission" which will study the feasibility, costs, impacts, and best locations for construction of a seawall or sea gate being created to protect the city of New York from sea level rise and storm surge along the entire coastline.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2019-12-20 - tabled [S03435 Detail]

Download: New_York-2019-S03435-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         3435--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 7, 2019
                                       ___________
        Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
          printed to be committed to  the  Committee  on  Finance  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT  to  establish a commission to be known as the "New York seawall
          study commission"; 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:
     1    Section 1. New York seawall study commission.  1.    There  is  hereby
     2  established,  within  the  department  of  environmental conservation, a
     3  seawall study  commission  ("commission")  which  shall  consist  of  15
     4  members who shall be appointed as follows:
     5    (a)  the  commissioner  of  environmental  conservation  or his or her
     6  designee;
     7    (b) the secretary of state or his or her designee;
     8    (c) two members appointed by the governor;
     9    (d) two members to be appointed by  the  temporary  president  of  the
    10  senate;
    11    (e) two members to be appointed by the speaker of the assembly;
    12    (f) one member to be appointed by the minority leader of the senate;
    13    (g) one member to be appointed by the minority leader of the assembly;
    14    (h) two members to be appointed by the mayor of the city of New York;
    15    (i)  one  member to be appointed by the county executive of the county
    16  of Nassau;
    17    (j) one member to be appointed by the county executive of  the  county
    18  of Suffolk; and
    19    (k)  one  member to be appointed by the county executive of the county
    20  of Westchester.
    21    2. The at large members should include individuals with  expertise  in
    22  one  or  more  of  the following areas: climatology; hydrology; environ-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02238-04-9
        S. 3435--A                          2
     1  mental; aquaculture; oceanography or coastal ocean  science;  and  engi-
     2  neering.
     3    3. Commission members shall receive no compensation for their services
     4  but  shall  be  reimbursed for actual and necessary expenses incurred in
     5  the performance of their duties.
     6    4. The chairperson of the commission  shall  be  the  commissioner  of
     7  environmental  conservation or his or her designee. The commission shall
     8  meet no less than four times and at other  times  at  the  call  of  the
     9  chairperson.
    10    5.  Any  vacancies  on  the  commission  shall be filled in the manner
    11  provided for in the initial appointment.
    12    6. The commission shall be authorized  to  hold  public  hearings  and
    13  meetings to enable it to accomplish its duties.
    14    7.  The  commission  may  consult  with  any organization, educational
    15  institution, other government entity or agency or person including,  but
    16  not  limited  to, the army corps of engineers, in the development of its
    17  report required by subdivision 10 of this section.
    18    8. The department of  environmental  conservation  shall  provide  the
    19  commission  with such facilities, assistance and data as will enable the
    20  commission to carry out its powers and duties.  Additionally, all  other
    21  agencies of the state or subdivisions thereof may, at the request of the
    22  chairperson,  provide  the  commission with such facilities, assistance,
    23  and data as will enable the commission  to  carry  out  its  powers  and
    24  duties.
    25    9.  The  purpose  of the New York seawall study commission shall be to
    26  identify  the  feasibility,  costs,  impacts,  and  best  locations  for
    27  construction  of  a  seawall or sea gate to protect the city of New York
    28  from sea level rise and storm surge along the entire coastline.
    29    10. No later than December 31, 2022, the commission shall transmit  to
    30  the  governor,  the temporary president of the senate and the speaker of
    31  the assembly a report containing the following:
    32    (a) coastal areas at greatest  risk  from  sea  level  rise  based  on
    33  projections  established pursuant to section 3-0319 of the environmental
    34  conservation law;
    35    (b) areas at risk from storm surge based on current sea levels;
    36    (c) areas that are more likely to be  at  risk  from  coastal  hazards
    37  including rising groundwater levels, saltwater intrusion, coastal flood-
    38  ing,  and  extreme  weather  events  including coastal storms, with such
    39  projections extending through year 2100;
    40    (d) the locations for construction of a seawall or sea gate;
    41    (e) the costs of such construction of a seawall or sea gate; and
    42    (f) recommendations on state and  local  regulatory  and/or  statutory
    43  alterations.
    44    §  2.  This  act shall take effect immediately and shall expire and be
    45  deemed repealed January 1, 2023.