What's happening
This bill expands state flood mitigation and coastal resiliency efforts, allowing land acquisition (not by eminent domain) and restricting the sale of such acquired lands.
Why it matters
Allows state funds to be used for voluntary land acquisition. (not eminent domain) to support flood mitigation and coastal resiliency, expanding the range of tools available for local governments to address climate risks.
Permanently restricts use and sale of acquired lands. , requiring legislative approval and land-for-land substitution for any future sale or change in use, which helps ensure these properties remain dedicated to public and environmental purposes.
Could protect vulnerable communities and infrastructure. by prioritizing at-risk areas for acquisition and natural resilience projects, potentially reducing future disaster costs and supporting long-term adaptation to climate change.
Aims for equitable distribution of climate adaptation projects. across regions, considering differences in risk, socioeconomic factors, and ecological needs, which may help address environmental justice concerns.
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Who cares
Headline styles
Boost Flood and Coastal Protection
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to rules
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.
Strengthen Flood and Coastal Protections
In Assembly Committee · Ways And Means · Sponsor Steven Englebright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6595
2017-2018 Regular Sessions
IN SENATE
June 6, 2017
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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
S. 6595 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.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to enhancing the state's flood mitigation and coastal resiliency activities
Purpose or general idea of bill
The purpose of this legislation is to provide additional options for climate change programs funded by the Environmental Protection Fund (EPF).
Summary of provisions
This bill would amend title 15 of article 54 of the ECL to allow funding from the EPF to be used for land acquisition, and to establish procedures for the alienation of such lands.
Justification
Climate change will increase extreme weather events and risk of coastal and inland funding. The 2016-17 State budget authorized, for the first time, funding from the EPF to be used for climate change mitigation and adaptation projects, including flood mitigation and coastal resiliency activities. However, the funding authorization did not include land acquisition and alienation provisions.
Land acquisition is an important component of climate change mitigation and adaptation in light of its importance in helping to protect drinking water supplies and enhance flood mitigation and coastal resiliency options. This legislation would allow the EPF climate change monies to be used for land acquisition and, as is required with other EPF land monies, include alienation requirements in cases where such land ceases to be used for climate change purposes.
Prior legislative history
2015-16: A10187 referred to ways and means/S7736 REFERRED TO ENCON 2017-18: A7263 referred to ways and means
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.