What's happening
This bill creates a task force to study and recommend measures for flood prevention, response, recovery, and mitigation along Lake Ontario and the St. Lawrence River.
Why it matters
Brings together a diverse group of experts and officials. including hydrologists, engineers, climatologists, emergency managers, and representatives from multiple state agencies—to create a comprehensive and multidisciplinary approach to flood issues, ensuring that recommendations are informed by a wide range of expertise and local concerns.
Requires public engagement and transparency. mandates at least three public hearings and makes draft and final reports publicly available, allowing affected residents and stakeholders to provide input and ensuring the process is open and accountable.
Targets both immediate and long-term solutions. the task force must examine everything from emergency response and recovery to infrastructure improvements and adaptive measures, aiming not just to address current flood risks but also to enhance future resilience along Lake Ontario and the St. Lawrence River.
Could influence future policy and funding priorities. by assessing the effectiveness, feasibility, and barriers to flood prevention and management, the task force’s recommendations could shape state (and potentially federal) investments, regulations, and strategies for protecting vulnerable communities and infrastructure.
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Who cares
Headline styles
Create Flood Task Force
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to environmental conservation
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1038
- Committee discharged and committed to rules
- 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.
Prevent Lake Ontario Flooding
In Assembly Committee · Environmental Conservation · Sponsor Joseph Morelle
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8182
IN SENATE
April 16, 2018
Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the New York state Lake Ontario-St. Lawrence River flood prevention, response, recovery and mitigation task force; to establish reporting and public hearing requirements for the New York state Lake Ontario- St. Lawrence River flood prevention, response, recovery and mitigation task force; and providing for the repeal of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new article 74 to read as follows:
ARTICLE 74
TITLE 2
NEW YORK STATE LAKE ONTARIO - ST. LAWRENCE RIVER FLOOD
PREVENTION, RESPONSE, RECOVERY AND MITIGATION TASK FORCE Section 74-0101. Flood prevention, response, recovery and mitigation
task force.
74-0103. Definitions.
74-0105. Task force composition.
74-0107. Task force duties. § 74-0101. Flood prevention, response, recovery and mitigation task
force.
The New York state Lake Ontario-St. Lawrence River flood prevention, response, recovery and mitigation task force, referred to in this article as the task force, is hereby established to determine what measures should be taken to enhance flood prevention, recovery, response, management and mitigation in and along the shoreline and adjoining waterways of Lake Ontario and the St. Lawrence River, and to develop recommendations to accomplish such goal. § 74-0103. Definitions.
When used in this article:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15411-01-8
S. 8182 2
1. "Adaptive measures" means any adjustment, whether passive, reactive or anticipatory, that may be taken to ameliorate the anticipated adverse consequences associated with flood events.
2. "Flood control study sector" means a particular aspect of the natural or built environment, economy, or society that could potentially be adversely impacted by flood events. Such term includes, but is not limited to, lake, stream and river banks, locks and dams, wetlands and waterfront areas, water resources, transportation infrastructure, water supply and wastewater infrastructure, human health, recreation, tourism, power generation and business, residential, farm and municipal sectors.
3. "Flood event" means an overflow or inundation that comes from a lake, river or other body of water, whether caused by rainfall, waterway operation, dam operation, waterflow management, dam break, water runoff or other means, and causes or threatens damage.
4. "Lake Ontario" and "St. Lawrence River" shall mean the lake, river shoreline, lands and infrastructure of Lake Ontario and the St. Lawrence River, or its adjoining or affected communities of Niagara, Orleans, Monroe, Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and Franklin Counties. § 74-0105. Task force composition.
1. The task force shall consist of thirteen members; eight of whom shall be the adjutant general of the state division of military and naval affairs, the commissioner of the division of homeland security and emergency services, the commissioner of the department of environmental conservation, the secretary of state, the commissioner of transportation, the commissioner of the department of parks, recreation and historic preservation, the commissioner of the department of agriculture and markets and the chairman of the state economic development office or designee; and five additional members who shall be from outside the public offices listed in this section and one of each of whom shall be a hydrologist, civil engineer, climatologist, county emergency manager and soil and water conservation professional. The governor shall appoint three of the five additional members and the temporary president of the senate and speaker of the assembly shall each appoint one of each of the five additional members.
2. The task force shall appoint a chairperson from among its members.
3. The members of the task force shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in the performance of their duties.
4. The task force shall consult with each of the emergency management officers, or appropriate county officer, from Niagara, Orleans, Monroe, Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and Franklin counties, and each said officer shall provide to the task force a document listing their concerns and recommendations related to flooding along Lake Ontario and/or the St. Lawrence River. The task force shall consider such concerns and recommendations in its deliberations and in the formulation of its determinations and recommendations.
5. The task force shall meet at least six times over an eighteen month period at the call of the chairperson. § 74-0107. Task force duties.
The role of the task force includes, but is not limited to:
1. Conducting an in-depth examination of flood prevention, response and recovery issues, and flood control study sectors and issues, related to flood prevention, response and recovery, water management, flood control and flood mitigation in and along the shoreline and adjoining waterways of Lake Ontario and the St. Lawrence River, including:
S. 8182 3
(a) Adaptive measures that can be taken to effectuate flood prevention, response and recovery programs, and mitigate flood damages, including but not limited to feasible flood prevention, response and recovery measures, flood management activities, wetland restoration, flood control infrastructure, communication systems and related public safety and flood control structures and associated costs;
(b) Evaluation which should include impacts on agriculture, transportation, land use, health, insurance and economic sectors such as shipping, fisheries, power generation, tourism, and recreation. Impacts on infrastructure, including bridges, low-lying roads, dams, locks, causeways, water and wastewater treatment plants and docks shall be included in the evaluation; and
(c) Evaluation of Lake Ontario and St. Lawrence River operation and management, and plans or agreements or treaties which may have a direct or indirect impact on flood control, prevention, response, recovery or mitigation and flood management including, but not limited to, debris management, communication, and water management and water level manipulation.
2. Evaluating and assessing of any flood prevention, response and recovery measures, flood control or flood mitigation measures, or water management procedures, agreements or treaties, identified in terms of feasibility, economic and public health impacts, and effectiveness, as well as identifying impediments to implementing effective flood prevention, response and recovery, flood control and flood mitigation measures, and where possible, actions that could be taken to resolve flooding issues.
3. Arranging through the department and the division of military and naval affairs, for the provision of such facilities, assistance and data as will enable the task force to carry out its powers and duties. Additionally, all other agencies of the state or subdivisions thereof shall, at the request of the chair provide the task force with such facilities, assistance, and data as will enable the task force to carry out its powers and duties.
§ 2. Report to the governor and legislature. 1. Within 18 months of the effective date of this act, the New York state flood prevention, response, recovery and mitigation task force shall issue a draft report, which shall be submitted to the governor, the temporary president of the senate, and the speaker of the assembly assessing flood mitigation and control in New York state with particular focus on Lake Ontario and the St. Lawrence River; including, but not limited to, recommendations on how such impacts should be addressed. At least three public hearings shall be held by the task force to provide the public with the opportunity to comment on the report. Notice of such hearings shall be provided on the department of environmental conservation website, and in the environmental notice bulletin.
2. Within 90 days of the date of the last public hearing, the New York state flood prevention, response, recovery and mitigation task force shall submit a final report to the governor, the temporary president of the senate, and the speaker of the assembly. Copies of such report shall also be made available to the public and posted on the websites of the department of environmental conservation and the division of naval and military affairs.
§ 3. This act shall take effect immediately and shall expire and be deemed repealed one hundred twenty days after the New York state flood prevention, response, recovery and mitigation task force has submitted its final, completed report; provided that the department of environ-
S. 8182 4
mental conservation shall notify the legislative bill drafting commission upon the occurrence of the enactment of the legislation provided for in section one of this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law.
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 the New York state Lake Ontario-St. Lawrence River flood prevention, response, recovery and mitigation task force; to establish reporting and public hearing requirements for the New York state Lake Ontario-St. Lawrence River flood prevention, response, recovery and mitigation task force; and providing for the repeal of certain provisions upon expira- tion thereof
Purpose
This bill would establish, a New York state Lake Ontario-St. Lawrence River flood prevention, response, recovery and mitigation task force, and require such to examine and evaluate the causes and impacts of flooding along the Lake Ontario and St. Lawrence River waterfronts, and to produce a report with recommendations as to how effective measures can be taken to prevent, respond to, and recover from such flooding events.
Summary of provisions
Specifically, this bill would add a new article 74 to the environmental conservation law, to establish a new 13 member interagency flood prevention, response, recovery and mitigation task force. Such task force would:
Read the full memo (713 words)
1. Consist of the adjutant general of the state division of military and naval affairs, the commissioner of the division of homeland security and emergency services, the commissioner of the department of environmental conservation, the secretary of state, the commissioner of transporta- tion, the commissioner of the department of parks, recreation and historic preservation, the commissioner of the department of agriculture and markets and the chairman of the state economic development office or designee; and five additional members each of whom shall be a hydrolo- gist, civil engineer, climatologist, county emergency manager and soil and water conservation professional;
2. Conduct an in-depth examination of flood prevention, response and recovery issues, and flood control study sectors and issues, related to flood prevention, response and recovery, water management, flood control and flood mitigation in and along the shoreline and adjoining waterways of Lake Ontario and the St. Lawrence River;
3. Evaluate and assess any flood prevention, response and recovery meas- ures, flood control or flood mitigation measures, or water management procedures, agreements or treaties, identified in terms of feasibility, economic and public health impacts, and effectiveness, as well as iden- tifying impediments to implementing effective flood prevention, response and recovery, flood control and flood mitigation measures, and where possible, actions that could be taken to resolve flooding issues;
4. Arrange through the department of environmental conservation and the division of military and naval affairs, for the provision of such facil- ities, assistance and data as will enable the task force to carry out its powers and duties; and 5. Produce a report of its findings and recommendations to the governor and the legislature.
Justification
Recent, historic flooding along the Lake Ontario and St. Lawrence River Waterfronts have cause devastating effects to property owners, busi- nesses and municipalities. In 2017, New York enacted Lake Ontario and St. Lawrence River Flood grant program to address the destruction from the 2017 flooding. As increased water levels indicate that such flooding could well be a more frequent occurrence, rather than simply a one-time event, the need has arisen to develop a prudent state government strate- gy to provide effective and ongoing prevention, response and recovery measures for the Lake Ontario and St. Lawrence River waterfronts.
This bill seeks to require that a complete examination and report be performed by a qualified task force to examine, assess and make recom- mendations as to what effective measures can be taken to prevent, respond to, and recover from such flooding.
The interagency Task Force established under this bill, together with its mission and purposes, is highly similar to a previous act that directed the conduct of the same type of examination, and the issuance of the same kind of report, concerning flooding along the state's canal system. (See chapter 456 of the laws of 2007).
It is hoped that the study performed by this qualified interagency task force will shed light on the causes and remedies of the recent flooding along the Lake Ontario and St. Lawrence River waterfronts, and establish an effective pathway to allow residents, businesses and municipalities to prevent, respond to, and recover from such flooding.
Legislative history
This is a new bill
Fiscal implications
None Noted
Effective date
This act takes effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.