What's happening
This bill expands flood mitigation and coastal resiliency efforts by allowing land acquisition (excluding eminent domain) and restricting future sale or repurposing of such lands.
Why it matters
Expanding eligible projects to include land acquisition. gives local governments more tools for flood mitigation and coastal resiliency, allowing them to buy vulnerable properties or critical habitats rather than relying only on construction or restoration projects.
Prohibiting the use of eminent domain for these acquisitions. addresses concerns over property rights, ensuring land can only be bought from willing sellers and protecting communities from forced sales.
New restrictions on future sale or repurposing of acquired lands. mean that once land is bought for climate adaptation, it cannot be used for other purposes or sold off without state legislative approval and environmental safeguards, helping to ensure long-term conservation and public benefit.
Requiring legislative and regulatory approval for any change in use. increases oversight and accountability, potentially making it more difficult for future governments to reverse these climate resiliency measures for short-term or unrelated gains.
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Who cares
Headline styles
Strengthen Flood and Coastal Protections
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to ways and means
- Reported referred to ways and means
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Boost Flood and Coastal Protection
In Senate Committee · Environmental Conservation · Sponsor Diane J. Savino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7263
2017-2018 Regular Sessions
IN ASSEMBLY
April 12, 2017
Introduced by M. of A. ENGLEBRIGHT, JAFFEE, OTIS -- Multi-Sponsored by -- M. of A. LOPEZ -- 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 activities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 54-1523 of the environmental conservation law, as added by section 5 of part U of chapter 58 of the laws of 2016, is amended to read as follows: § 54-1523. Climate adaptation and mitigation projects.
1. The commissioner is authorized to provide on a competitive basis, within amounts appropriated, state assistance payments to a municipality toward the cost of any climate adaptation or mitigation projects. Such projects shall include:
a. the construction of natural resiliency measures, conservation or restoration of riparian areas and tidal marsh migration areas;
b. nature-based solutions such as wetland protections to address physical climate risk due to sea level rise, and/or storm surges and/or flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable;
c. relocation or retrofit of facilities to address physical climate risk due to sea level rise, and/or storm surges and/or flooding based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable;
d. flood risk reduction;
e. greenhouse gas emission reductions outside the power sector;
f. enabling communities to become certified under the climate smart communities program, including by developing natural resources invento-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05579-01-7
A. 7263 2
ries, right sizing of municipal fleets and developing climate adaptation strategies; [and]
g. climate change adaptation planning and supporting studies, including but not limited to vulnerability assessment and risk analysis of municipal drinking water, wastewater, and transportation infrastructure; and
h. land acquisition, including but not limited to flood mitigation and coastal riparian resiliency; provided, however, no monies shall be expended for acquisition by eminent domain.
2. To the fullest extent practicable, it is the policy of the state to promote an equitable regional distribution of climate adaptation and mitigation projects, consistent with the purpose of this title, taking into account regional differences in climate change risks, socioeconomic conditions and ecological resources.
[3. No monies shall be expended for land acquisition.]
§ 2. The environmental conservation law is amended by adding a new section 54-1525 to read as follows: § 54-1525. Restriction on alienation.
Real property acquired, developed, improved, restored or rehabilitated by a municipality pursuant to this title with funds made available pursuant to this title shall not be sold or disposed of or used for other than public purposes without the express authority of an act of the legislature, which shall provide for the substitution of other lands of equal environmental and fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by the commissioner.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.