Relates to future climate risk and/or sea level rise projections and other weather-related data

Summary of specific provisions

This bill would establish the "Community Risk and Resiliency Act" that would:

* require consideration of climate risk including sea level rise, storm surges and flooding, based on available data predicting the likelihood of future extreme weather events in the following:

o State Smart Growth Infrastructure Policy Act;

o Water Pollution and Drinking Water Revolving funds;

o Environmental Protection Fund (including municipal landfill gas management projects, municipal parks, local waterfront revitalization programs, coastal rehabilitation projects, and farmland protection);

o major permits issued pursuant to the Uniform Procedures Act;

* require the Department of State (DOS), in consultation with the Department of Environmental Conservation (DEC) to prepare model local laws concerning climate risk including sea level rise, storm surges and flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable and to make such model laws available to municipalities;

* require DEC and DOS to develop additional guidance on the use of resiliency measures that utilize natural resources and natural processes to reduce risk; and,

* require DEC, no later than January 1, 2016 to adopt regulations establishing science-based state sea level rise projections.

Justification

Extreme weather events and climate changes are becoming more common. According to the National Oceanic and Atmospheric Administration, March marked the 349th consecutive month with above-average temperatures. This means that people 28 years old or younger have never lived through a month that was colder than average. In addition, the National Climate Assessment and Development Advisory Committee report indicates "The Northeast has experienced a greater increase in extreme precipitation over the past few decades than any other region in the United States. Since 1958, the Northeast has seen a 74 percent increase in the amount of precipitation falling in very heavy events."

Future extreme weather events will also be compounded by sea level rise. Sea level rise in the Northeast is expected to exceed the global average. As a result, the chance of what is now a 1-in-10-year coastal flood event in the Northeast could triple by 2100, occurring roughly once every three years, simply in response to higher sea levels. This means that between one-half million and 2.3 million people will be at risk from flooding due only to sea level rise. These statistics have been illustrated most recently by the devastating impacts of Hurricane Sandy. In addition to the tragic loss of life, property and environmental damage, there is also an economic cost of extreme weather events. The financial toll of Hurricane Sandy on New York is estimated to be at least $42 billion dollars.

This legislation is intended to encourage advance planning for extreme weather events and to encourage the consideration of the effects of climate change. For example, the water and sewage treatment plants within the State sustained extensive damage as a result of Hurricane Sandy. As funding and permitting decisions are made regarding such plants in the future, decisions about the potential for damage from other extreme weather events should be considered. The same is true for programs funded by the Environmental Protection Fund such as the Local Waterfront Revitalization Program. It is appropriate and necessary for climate risk to be an eligible component of funding and permitting and also for applicants to demonstrate that they have considered climate change and extreme weather impacts on their proposed projects.

Prior legislative history

2014 - new bill in the Senate. Similar bill in prior sessions.

Fiscal implications for state and local governments

None to the State.

Effective date

This act shall take effect on the 180th day and shall apply to all applications and/or permits received after such date.