What's happening
This bill expands New York's flood mitigation and coastal resiliency programs to include land acquisition (excluding eminent domain) and imposes restrictions on selling or repurposing publicly funded conservation lands.
Why it matters
Allows state funds to be used for voluntary land acquisition for flood mitigation and coastal resiliency. , giving local governments more options to reduce flood risk, restore habitats, and adapt to climate change—without using eminent domain, so property owners cannot be forced to sell.
Creates strong protections against privatizing or changing the use of publicly funded conservation lands. , requiring a specific act of the legislature and substitution of equally valuable land if any such land is to be sold, repurposed, or otherwise disposed of. This makes it harder to reverse environmental investments for short-term development.
Expands eligibility for conservation project funding to include county soil and water conservation districts and not-for-profit organizations. , potentially increasing the number and type of local partners who can protect at-risk areas and leverage state resources for environmental resilience.
Emphasizes fair and equitable geographic distribution of climate adaptation projects. , aiming to ensure that communities most at risk or with fewer resources are not left behind in flood mitigation and climate adaptation efforts.
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Who cares
Municipal governments
The bill would make land acquisition eligible for competitive state climate adaptation and mitigation assistance, bar funding for acquisition by eminent domain and restrict disposal or nonpublic use of funded properties.
Owners of land sought for flood mitigation or coastal resiliency
Municipalities could seek state assistance to acquire their land, but could not use that funding for acquisition by eminent domain.
County soil and water conservation districts
The bill would extend legislative approval and replacement-land requirements to the sale, lease, disposal or nonpublic use of properties they acquire or improve with funding under the amended program.
Department of Environmental Conservation
The bill would expand eligible climate project costs to include land acquisition and give the commissioner a role in setting additional requirements for changes to protected municipal properties.
Headline styles
Boost Flood and Coastal Protection
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2524
2019-2020 Regular Sessions
IN ASSEMBLY
January 23, 2019
Introduced by M. of A. ENGLEBRIGHT, JAFFEE, OTIS, COLTON, FAHY, ABINANTI -- 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.
LBD05998-02-9
A. 2524 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. Subdivision 6 of section 15-3303 of the environmental conservation law, as added by section 2 of part T of chapter 57 of the laws of 2017, is amended to read as follows:
6. Real property acquired, developed, improved, restored or rehabilitated by or through a municipality, county soil and water conservation district or not-for-profit corporation with funds made available pursuant to this title shall not be sold, leased, exchanged, donated or otherwise disposed of or used for other than the public purposes of this title without the express authority of an act of the legislature, which shall provide for the substitution of other lands of equal environmental value 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.
§ 4. 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.