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.
