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

Summary of provisions

This bill would:

* amend the "State Smart Growth Infrastructure Policy Act" to include the goal of mitigating future climate change impacts by considering sea level rise projections and available weather-related data predicting the likelihood of future extreme weather events;

* amend the water pollution and drinking water revolving funds to include consideration of future climate change and other weather-related data as part of the review process;

* amend the programs within the Environmental Protection Fund, including municipal landfill gas management projects, municipal parks, local waterfront revitalization programs, coastal rehabilitation projects, farmland protection to require consideration of future climate change as part of the application and review process;

* require certain major permits issued pursuant to the Uniform Procedures Act to include consideration of climate risk; and,

* require the Department of State, in consultation with the Department of Environmental Conservation to prepare model local laws concerning climate change and to make such model laws available to municipalities.

Justification

Extreme weather events and climate change are becoming more common. According to the National Oceanic and Atmospheric Administration, December marked the 334th consecutive month with above-average temperatures.

This means that people 27 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-in10-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 Hurricanes Sandy, Lee and Irene. 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 for 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. State funding is a limited resource and it is appropriate that consideration be given to climate risk and extreme weather events in order to ensure the long term viability of funded projects. The same is true for Environmental Protection Fund programs such as the Local Waterfront Revitalization Program, in which municipalities are provided with funding to help develop long-term waterfront zoning.

Prior legislative history

S.5138 05/10/13 REFERRED TO ENVIRONMENTAL CONSERVATION 05/30/13 1ST REPORT CAL.822 06/03/13 2ND REPORT CAL. 06/04/13 ADVANCED TO THIRD READING 06/21/13 COMMITTED TO RULES

Fiscal implications

To Be Determined.

Effective date

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