S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4999
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 28, 2015
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Finance
       AN ACT to amend the executive law, in relation to coastal  risk  manage-
         ment  zones;  to amend the environmental conservation law, in relation
         to  the  assessment  and  protection  of  coastlines  against  coastal
         hazards;  and to amend the village law, the town law, the general city
         law and the public service law, in relation to coastal protection
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "Coastal Risk Management Zone Protection Act."
    3    S 2. Legislative findings and intent.  The  legislature  hereby  finds
    4  that  sea  level  rise and coastal flooding from storm surge are already
    5  affecting and will increasingly  affect  New  York's  entire  ocean  and
    6  estuarine coastline.
    7    The  legislature  also  finds  that  coastal  areas in New York are of
    8  tremendous economic and social  importance  to  the  state,  that  large
    9  numbers  of  residences  and businesses are located along the shoreline,
   10  with each shoreline area constituting a unique and essential part of the
   11  character of New York, and that shoreline areas are diverse  and  inter-
   12  connected  and  share  New York's rich agriculture, commercial, economic
   13  and environmental history and resources. The  likelihood  that  powerful
   14  storms will hit New York State's coastline is very high, as is the asso-
   15  ciated threat to human life and coastal infrastructure. This vulnerabil-
   16  ity will increase in area and magnitude over time.
   17    The legislature further finds that natural shoreline features, such as
   18  wetlands,  aquatic  vegetation,  dunes  and  barrier  beaches, currently
   19  provide large-scale services, such as flood protection, storm buffering,
   20  fisheries habitat, recreational  facilities  and  water  filtration,  at
   21  almost  no  cost.  These  services  would  be prohibitively expensive to
   22  replicate with human-built systems. New York is losing tidal marshes  at
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10593-01-5
       S. 4999                             2
    1  a  rapid pace and with them the natural infrastructure that protects the
    2  shore from floods, wave attack and erosion. Sea level rise  and  coastal
    3  hazards  will  cause  all shoreline ecosystems to become more frequently
    4  inundated. Low-lying locations will become permanently submerged.  Habi-
    5  tats  and  the  species  associated with them may migrate landward; this
    6  migration, however, will be impeded by the  density  of  development  on
    7  much  of  the  state's  shoreline  and  the widespread hardening of that
    8  shoreline.
    9    The legislature also finds that current investment and land-use  plan-
   10  ning  practices by both New York state and local governments are encour-
   11  aging development in areas at high risk of coastal flooding and erosion.
   12    The legislature further finds that existing maps of New  York  state's
   13  coast that identify communities, habitats and infrastructure at greatest
   14  risk  of  flooding and erosion, including those of the Federal Emergency
   15  Management Agency, are inaccurate, out of date, not detailed enough  for
   16  planning  and  regulatory  purposes and fail to incorporate historic and
   17  projected sea level rise.
   18    The legislature finds that there are low-cost,  high-benefit  actions,
   19  including  those  recommended  in  the  report by the New York state Sea
   20  Level Rise Task Force, commissioned by the New York  state  legislature,
   21  that  can  be  taken  now to reduce vulnerability along New York state's
   22  coastline.
   23    Therefore, the legislature finds that the purpose of this  act  is  to
   24  provide  guidance  and  to encourage public and private interests to act
   25  collectively to: integrate and coordinate existing  efforts  to  address
   26  sea level rise and coastal hazards; identify and make recommendations to
   27  mitigate harms from sea level rise and coastal hazards; make recommenda-
   28  tions  on  methods  to  protect the value of existing public and private
   29  investment that has already been made in vulnerable coastal regions; and
   30  provide direction for state and local governments to  protect,  preserve
   31  and  properly manage the unique challenges of sea level rise and coastal
   32  hazards along New York state's coastline for the benefit of existing and
   33  future generations.
   34    S 3. Section 911 of the executive law is amended by adding  three  new
   35  subdivisions 8, 9 and 10 to read as follows:
   36    8.  "SEA  LEVEL RISE" MEANS THE MEAN INCREASE IN SEA LEVEL RELATIVE TO
   37  SHORELINE, CALCULATED YEARLY, WITHIN A DEFINED AREA.
   38    9. "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT  RISK  OF
   39  COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
   40  COASTAL  FLOODING  DUE  TO  PROJECTED  SEA LEVEL RISE AND FUTURE STORMS.
   41  COASTAL RISK MANAGEMENT ZONES WILL BE IDENTIFIED  BY  THE  SECRETARY  OF
   42  STATE  ACCORDING TO THE PURPOSES AND POLICIES IDENTIFIED IN SECTION NINE
   43  HUNDRED FOURTEEN-A OF THIS ARTICLE, AND ARE AS SHOWN ON THE COASTAL RISK
   44  MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF  STATE  AS
   45  REQUIRED IN SECTION NINE HUNDRED FOURTEEN-A OF THIS ARTICLE.
   46    10.  "COASTAL  HAZARDS" MEANS THE RANGE OF ENVIRONMENTAL PROCESSES AND
   47  EVENTS THAT MAY AFFECT COASTLINES OR HUMAN ACTIVITY NEAR COASTLINES, AND
   48  IT INCLUDES BUT IS NOT LIMITED TO SEA LEVEL  RISE,  RISING  GROUNDWATER,
   49  COASTAL FLOODING, STORM SURGE, COASTAL STORMS, OR SALTWATER INTRUSION.
   50    S  4.  Section  912  of  the  executive law is amended by adding a new
   51  subdivision 17 to read as follows:
   52    17. TO FACILITATE ADAPTATION TO SEA LEVEL RISE AT THE STATE AND  LOCAL
   53  LEVEL, PARTICULARLY WITHIN COASTAL AREAS.
   54    S  5.  The  executive  law is amended by adding a new section 914-a to
   55  read as follows:
       S. 4999                             3
    1    S 914-A. COASTAL RISK MANAGEMENT ZONES. 1. THE COASTAL RISK MANAGEMENT
    2  ZONE IS HEREBY ADOPTED AS PART OF THIS ARTICLE AS THOUGH FULLY  INCORPO-
    3  RATED  HEREIN.  SUCH  ZONES  DELINEATE THE AREA WITHIN WHICH THE COASTAL
    4  RISK MANAGEMENT POLICIES AND PURPOSES SHALL APPLY.
    5    2. THE COASTAL RISK MANAGEMENT ZONE SHALL INCLUDE, AT A MINIMUM, THOSE
    6  AREAS  DESIGNATED  BY  THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO
    7  INCLUDE COASTAL HIGH-HAZARD AREAS AS IDENTIFIED BY FEMA AND  DEFINED  BY
    8  SECTION  9.4,  CHAPTER  ONE,  IN  TITLE  44 OF THE CODE OF FEDERAL REGU-
    9  LATIONS, AS SUCH DESIGNATIONS ARE AMENDED FROM TIME  TO  TIME;  HOWEVER,
   10  NOTHING IN THIS SECTION LIMITS THE COASTAL RISK MANAGEMENT ZONE TO AREAS
   11  SO DESIGNATED.
   12    3.  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL IDENTIFY WITHIN
   13  THE COASTAL RISK MANAGEMENT ZONE:
   14    (A) COASTAL AREAS AT GREATEST RISK FROM SEA LEVEL RISE,
   15    (B) AREAS AT RISK FROM STORM SURGE WITH CURRENT SEA LEVELS, AND
   16    (C) AREAS THAT ARE LIKELY TO BE AT RISK FROM STORM SURGE  DUE  TO  SEA
   17  LEVEL RISE IN THE FUTURE THROUGH YEAR TWO THOUSAND ONE HUNDRED.
   18    A  REPRESENTATION  OF  THESE AREAS OF RISK, ALONG WITH THE METHODOLOGY
   19  AND CRITERIA FOR ASSIGNING GIVEN LEVELS OF RISK, SHALL BE MADE AVAILABLE
   20  TO LOCAL GOVERNMENTS AND THE PUBLIC.
   21    4. A REPRESENTATION OF THE COASTAL RISK MANAGEMENT ZONES SHALL  BE  ON
   22  FILE  IN  THE  OFFICE  OF THE SECRETARY OF STATE. THE SECRETARY OF STATE
   23  SHALL FILE WITH THE CLERK OF EACH COUNTY AND LOCAL GOVERNMENT WHICH  HAS
   24  ANY PORTION OF ITS JURISDICTION WITHIN THE ZONE, A COPY OF THE REPRESEN-
   25  TATION  OF SUCH AFFECTED PORTION OF THE ZONE AND A COPY OF THE REPRESEN-
   26  TATION OF THE ZONE OF THE AFFECTED PORTION OF ANY ADJACENT MUNICIPALITY.
   27  THE SECRETARY OF STATE SHALL PROVIDE A COPY OF THE REPRESENTATION OF THE
   28  COASTAL RISK MANAGEMENT ZONE TO EACH STATE  AGENCY  HAVING  JURISDICTION
   29  OVER PROGRAMS IDENTIFIED PURSUANT TO THIS ARTICLE AND THE REPRESENTATION
   30  OF  THE  COASTAL  RISK  MANAGEMENT  ZONES SHALL BE MADE AVAILABLE TO THE
   31  PUBLIC ON A GOVERNMENT WEBSITE. THE  SECRETARY  OF  STATE,  ON  ITS  OWN
   32  INITIATIVE OR ON PETITION SUBMITTED FROM ANY PERSON, MAY AMEND THE COAS-
   33  TAL  RISK  MANAGEMENT ZONE TO CORRECT ERRORS, REFLECT NEW INFORMATION OR
   34  EVENTS, OR MAKE CHANGES THAT ARE IN  FURTHERANCE  OF  THE  POLICIES  AND
   35  PURPOSES OF THIS ARTICLE. ALL SUCH CHANGES SHALL BE FILED WITH THE CLERK
   36  OF EACH COUNTY AND LOCAL GOVERNMENT AFFECTED THEREBY.
   37    S  6.  The  executive  law is amended by adding a new section 915-a to
   38  read as follows:
   39    S 915-A. COASTAL RESILIENCE PLANS. 1. IT  IS  THE  INTENTION  OF  THIS
   40  ARTICLE TO OFFER THE FULLEST POSSIBLE SUPPORT BY THE STATE AND ITS AGEN-
   41  CIES  TO THOSE LOCAL GOVERNMENTS THAT DESIRE TO PROTECT THEIR COASTLINES
   42  FROM COASTAL HAZARDS. ACCORDINGLY, ANY LOCAL GOVERNMENT OR TWO  OR  MORE
   43  LOCAL  GOVERNMENTS ACTING JOINTLY WHICH HAS ANY PORTION OF ITS JURISDIC-
   44  TION WITHIN THE COASTAL  RISK  MANAGEMENT  ZONE  AND  WHICH  DESIRES  TO
   45  PARTICIPATE  MAY  SUBMIT  A  COASTAL RESILIENCE PLAN TO THE SECRETARY OF
   46  STATE AS HEREIN PROVIDED.
   47    2. THE SECRETARY OF STATE MAY PROVIDE TECHNICAL AND FINANCIAL  ASSIST-
   48  ANCE  AS  PROVIDED  IN  SECTIONS NINE HUNDRED SEVENTEEN AND NINE HUNDRED
   49  EIGHTEEN OF THIS ARTICLE TO ANY LOCAL GOVERNMENT FOR THE PREPARATION  OF
   50  A WATERFRONT REVITALIZATION PROGRAM FOR THE PURPOSES OF THIS ARTICLE.
   51    3.  A LOCAL GOVERNMENT OR TWO OR MORE LOCAL GOVERNMENTS ACTING JOINTLY
   52  WHICH INTENDS TO SUBMIT A COASTAL RESILIENCE PLAN FOR  THE  PURPOSES  OF
   53  THIS  ARTICLE IS STRONGLY ENCOURAGED TO CONSULT, DURING ITS PREPARATION,
   54  WITH OTHER ENTITIES THAT MAY BE AFFECTED BY ITS PROGRAM, INCLUDING LOCAL
   55  GOVERNMENTS, COUNTY AND REGIONAL AGENCIES, APPROPRIATE PORT AUTHORITIES,
   56  COMMUNITY BASED GROUPS AND STATE AND FEDERAL AGENCIES. ON REQUEST BY THE
       S. 4999                             4
    1  LOCAL GOVERNMENT, THE SECRETARY OF STATE SHALL TAKE  APPROPRIATE  ACTION
    2  TO FACILITATE SUCH CONSULTATION.
    3    4.  THE SECRETARY OF STATE SHALL PREPARE AND DISTRIBUTE GUIDELINES AND
    4  REGULATIONS FOR LOCAL GOVERNMENTS DESIRING TO PREPARE, OR  CAUSE  TO  BE
    5  PREPARED,  A  COASTAL  RESILIENCE  PLAN  (HEREINAFTER REFERRED TO AS THE
    6  "PLAN"). SUCH GUIDELINES SHALL PROVIDE THAT THE PLAN WILL BE  CONSISTENT
    7  WITH  THE  POLICIES  AND  PURPOSES  OF THIS ARTICLE GENERALLY, AND SHALL
    8  PROMOTE PLANS THAT IDENTIFY NON-STRUCTURAL  ALTERNATIVES  TO  STRUCTURAL
    9  MEASURES  TO  REDUCE  VULNERABILITY  IN THE COASTAL RISK MANAGEMENT ZONE
   10  WHEREVER USE OF NON-STRUCTURAL  MEASURES  IS  FEASIBLE;  IDENTIFY  AREAS
   11  WHERE  STRUCTURAL  PROTECTION  IS  NEEDED  TO PROTECT SIGNIFICANT PUBLIC
   12  INVESTMENT, WATER DEPENDENT USES  AND/OR  CRITICAL  INFRASTRUCTURE;  AND
   13  IDENTIFY   OPPORTUNITIES   TO   FURTHER   REDUCE  VULNERABILITY  THROUGH
   14  NON-STRUCTURAL MEASURES IN THE RECOVERY AND RESTORATION PROCESS  FOLLOW-
   15  ING HIGH-INTENSITY COASTAL STORMS.
   16    5.  THE  SECRETARY  OF  STATE OR HIS OR HER DESIGNEE SHALL APPROVE ANY
   17  LOCAL GOVERNMENT COASTAL RESILIENCE PLAN AS ELIGIBLE  FOR  THE  BENEFITS
   18  SET  FORTH  IN SECTION NINE HUNDRED SIXTEEN OF THIS ARTICLE IF HE OR SHE
   19  FINDS THAT SUCH PROGRAM WILL BE CONSISTENT WITH COASTAL RISK  MANAGEMENT
   20  POLICIES  AND WILL ACHIEVE THE COASTAL RESILIENCE PURPOSES OF THIS ARTI-
   21  CLE.
   22    6. BEFORE APPROVING ANY SUCH COASTAL RESILIENCE PLAN,  OR  ANY  AMEND-
   23  MENTS  THERETO, AS ELIGIBLE FOR THE BENEFITS OF THIS ARTICLE, THE SECRE-
   24  TARY OF STATE SHALL CONSULT WITH POTENTIALLY AFFECTED STATE AND  FEDERAL
   25  AGENCIES;  THE  SECRETARY OF STATE SHALL NOT APPROVE ANY SUCH PLAN IF HE
   26  OR SHE FINDS AFTER SUCH CONSULTATION THAT THERE IS A CONFLICT  WITH  ANY
   27  STATE OR FEDERAL POLICIES.
   28    7.  WHERE  THERE  IS A CONFLICT BETWEEN A SUBMITTED COASTAL RESILIENCE
   29  PLAN AND ANY STATE OR FEDERAL  POLICY,  AT  THE  REQUEST  OF  THE  LOCAL
   30  GOVERNMENT  OR  THE  STATE  OR FEDERAL AGENCY AFFECTED, THE SECRETARY OF
   31  STATE SHALL ATTEMPT TO RECONCILE AND RESOLVE THE DIFFERENCES BETWEEN THE
   32  SUBMITTED PLAN AND SUCH POLICIES AND SHALL MEET WITH THE  LOCAL  GOVERN-
   33  MENT AND INVOLVED STATE AND FEDERAL AGENCIES TO THIS END.
   34    8. SUBSEQUENT TO APPROVAL OF THE LOCAL PLAN BY THE SECRETARY OF STATE,
   35  STATE AGENCY ACTIONS SHALL BE CONSISTENT TO THE MAXIMUM EXTENT PRACTICA-
   36  BLE  WITH  THE  LOCAL  PROGRAM.  PROVIDED, HOWEVER, THAT NOTHING IN THIS
   37  ARTICLE SHALL BE CONSTRUED TO AUTHORIZE OR REQUIRE THE ISSUANCE  OF  ANY
   38  PERMIT, LICENSE, CERTIFICATION, OR OTHER APPROVAL OR THE APPROVAL OF ANY
   39  GRANT,  LOAN  OR  OTHER  FUNDING ASSISTANCE WHICH IS DENIED BY THE STATE
   40  AGENCY HAVING JURISDICTION, PURSUANT TO OTHER PROVISIONS OF LAW OR WHICH
   41  IS CONDITIONED BY SUCH AGENCY PURSUANT TO OTHER PROVISIONS OF LAW  UNTIL
   42  SUCH CONDITIONS ARE MET.
   43    WHERE IMPLEMENTATION OF AN APPROVED LOCAL PLAN DEPENDS UPON THE AVAIL-
   44  ABILITY  OF OTHER THAN LOCAL FUNDS AND PROGRAM ACTIONS, THE SECRETARY OF
   45  STATE SHALL MEET WITH THE INVOLVED STATE AND FEDERAL AGENCIES TO EXPLORE
   46  THE POSSIBILITY OF PROGRAMMING OF SUCH ASSISTANCE IN A MANNER THAT WOULD
   47  PROVIDE THE MAXIMUM PRACTICABLE ASSISTANCE TOWARD THE IMPLEMENTATION  OF
   48  THE LOCAL PLAN.
   49    9.  BEFORE  UNDERTAKING  ANY ACTION PURSUANT TO ANY PLANS THE AFFECTED
   50  STATE AGENCY SHALL SUBMIT, THROUGH APPROPRIATE EXISTING  CLEARING  HOUSE
   51  PROCEDURES  INCLUDING BUT NOT LIMITED TO THE STATE ENVIRONMENTAL QUALITY
   52  REVIEW LAW, INFORMATION ON THE PROPOSED ACTION TO LOCAL GOVERNMENT.  THE
   53  LOCAL  GOVERNMENT  SHALL  IDENTIFY POTENTIAL CONFLICTS AND SO NOTIFY THE
   54  SECRETARY OF STATE.  UPON NOTIFICATION OF THE CONFLICT, THE SECRETARY OF
   55  STATE WILL CONFER WITH THE AFFECTED STATE AGENCY AND THE  LOCAL  GOVERN-
   56  MENT TO MODIFY THE PROPOSED ACTION TO BE CONSISTENT WITH THE LOCAL PLAN.
       S. 4999                             5
    1    10.  ANY  LOCAL  GOVERNMENT  WHICH  HAS  HAD A COASTAL RESILIENCE PLAN
    2  APPROVED PURSUANT TO THIS SECTION MAY WITHDRAW ITS PROGRAM AT  ANY  TIME
    3  BY  FILING  WITH  THE  SECRETARY  OF STATE A COPY OF A RESOLUTION OF ITS
    4  LEGISLATIVE BODY PROVIDING FOR SUCH WITHDRAWAL.  UPON  RECEIPT  OF  SUCH
    5  RESOLUTION, THE SECRETARY OF STATE SHALL IMMEDIATELY NOTIFY ALL AFFECTED
    6  STATE AGENCIES.
    7    S  7. Subdivision 7 of section 964-b of the executive law, as added by
    8  chapter 556 of the laws of 1993, is amended to read as follows:
    9    7. To adopt a comprehensive management plan for the Long Island  South
   10  Shore  Estuary  Reserve which the state and local governments may imple-
   11  ment. Estuary segmentation or partitioning of the estuary  into  spatial
   12  units  may  be  necessary  at  times for summarizing data for geographic
   13  areas, for the development of certain scientific models, or for  interim
   14  management  measures. The council shall prioritize problems and opportu-
   15  nities within the estuary based upon use impairments,  resource  manage-
   16  ment  needs  and  areas  experiencing intense recreational use. THE PLAN
   17  SHALL CONSIDER METHODS OF ADAPTATION TO SEA LEVEL RISE AND OTHER COASTAL
   18  PROCESSES, BASED ON GUIDANCE DEVELOPED BY THE DEPARTMENT  OF  STATE  AND
   19  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND SHALL DEVELOP REGIONAL
   20  POLICIES TO GUIDE ADAPTATION BY COMMUNITIES WITHIN THE RESERVE;
   21    S  8.  The  opening  paragraph  of subdivision 1 of section 966 of the
   22  executive law, as added by chapter 556 of the laws of 1993,  is  amended
   23  to read as follows:
   24    The  purpose  of  the plan is to make recommendations to integrate and
   25  coordinate existing programs and studies;  mitigate  pollution;  balance
   26  preservation,  recreation  and economic development; protect appropriate
   27  existing investment;  FACILITATE  ADAPTATION  TO  COASTAL  HAZARDS;  and
   28  protect the natural resources. The plan shall include but not be limited
   29  to   the  following,  to  the  extent  possible,  considering  financial
   30  resources and technological limitations:
   31    S 9. Section 8-0105 of the environmental conservation law  is  amended
   32  by adding a new subdivision 9 to read as follows:
   33    9.  "COASTAL  RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF
   34  COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
   35  COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE  STORMS,  AS
   36  DEFINED  IN  SECTION  NINE  HUNDRED ELEVEN OF THE EXECUTIVE LAW. COASTAL
   37  RISK MANAGEMENT ZONES WILL BE  IDENTIFIED  BY  THE  SECRETARY  OF  STATE
   38  ACCORDING  TO  THE  PURPOSES  AND  POLICIES  IDENTIFIED  IN SECTION NINE
   39  HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW AND ARE AS SHOWN ON THE  COASTAL
   40  RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
   41  AS REQUIRED BY THE SAME ARTICLE.
   42    S  10.  Subdivision 2 of section 8-0109 of the environmental conserva-
   43  tion law is amended by adding a new paragraph (k) to read as follows:
   44    (K) REASONABLY FORESEEABLE IMPACTS ON OR FROM THE PROPOSED PROJECT  OR
   45  ACTION  BASED ON THE RISK OF COASTAL HAZARDS, AS DEFINED IN SECTION NINE
   46  HUNDRED ELEVEN OF THE EXECUTIVE LAW,  THROUGHOUT  THE  LIFETIME  OF  THE
   47  ACTIVITIES  OR  THE PHYSICAL EXISTENCE OF ANY STRUCTURE OR FACILITY THAT
   48  IS CREATED OR MODIFIED IN CONNECTION WITH THE ACTION,  IF  SUCH  PROJECT
   49  WILL BE LOCATED WITHIN THE COASTAL RISK MANAGEMENT ZONE.
   50    S  11.  Subdivision 2 of section 8-0113 of the environmental conserva-
   51  tion law, as added by chapter 612 of the laws of 1975, paragraph (b)  as
   52  amended  and paragraphs (j), (k), and (l) as added by chapter 252 of the
   53  laws of 1977, paragraph (f) as amended by chapter 641  of  the  laws  of
   54  2005, is amended to read as follows:
   55    2.  The rules and regulations adopted by the commissioner specifically
   56  shall include:
       S. 4999                             6
    1    (a) Definition of terms used in this article;
    2    (b) Criteria for determining whether or not a proposed action may have
    3  a  significant effect on the environment, taking into account social and
    4  economic factors to be considered in determining the significance of  an
    5  environmental  effect.  THE  CRITERIA FOR DETERMINING SIGNIFICANCE SHALL
    6  INCORPORATE THE POTENTIALLY SIGNIFICANT ADVERSE IMPACTS RELATED TO COAS-
    7  TAL HAZARDS IN THE DETERMINATION PROCESS AND GIVE SUFFICIENT  WEIGHT  TO
    8  THE IMPORTANCE OF COASTAL RESILIENCE IN THE REVIEW PROCESS;
    9    (c) Identification on the basis of such criteria of:
   10    (i)  Actions or classes of actions that are likely to require prepara-
   11  tion of environmental impact statements;
   12    (ii) Actions or classes of actions which have been determined  not  to
   13  have  a  significant  effect on the environment and which do not require
   14  environmental impact statements under  this  article.  In  adopting  the
   15  rules  and  regulations, the commissioner shall make a finding that each
   16  action or class of actions identified does not have a significant effect
   17  on the environment;
   18    (III) AREAS IN WHICH THE ENVIRONMENTAL IMPACT REVIEW PROCESS IS LIKELY
   19  TO REQUIRE ADDITIONAL CONSIDERATIONS OF THE IMPACT FROM AS  WELL  AS  TO
   20  ENVIRONMENTAL CONDITIONS, TO INCLUDE COASTAL RISK MANAGEMENT ZONES;
   21    (d)  Typical associated environmental effects, and methods for assess-
   22  ing such effects, of actions determined to be likely to require prepara-
   23  tion of environmental impact statements;
   24    (e) Categorization of actions which are or may be primarily of  state-
   25  wide,  regional, or local concern, with provisions for technical assist-
   26  ance including the preparation or review of environmental impact  state-
   27  ments,  if  requested, in connection with environmental impact review by
   28  local agencies.
   29    (f) Provision for the filing and circulation  of  draft  environmental
   30  impact statements pursuant to subdivision four of section 8-0109 OF THIS
   31  ARTICLE, and environmental impact statements pursuant to subdivision six
   32  of  section  8-0109 OF THIS ARTICLE, including, in addition to any other
   33  circulation and public availability requirements, making such statements
   34  available free of charge to the public and government  agencies  on  the
   35  publicly-available   Internet  website,  unless  impracticable.  Printed
   36  filings and public notices shall clearly indicate  the  address  of  the
   37  website at which such filing is posted;
   38    (g) Scope, content, filing and availability of findings required to be
   39  made pursuant to subdivision eight of section 8-0109 OF THIS ARTICLE;
   40    (h)  Form  and content of and level of detail required for an environ-
   41  mental impact statement, TO INCLUDE A SECTION REQUIRING AN EVALUATION OF
   42  IMPACTS FROM OR TO THE PROPOSED ACTION BASED ON COASTAL HAZARDS OVER THE
   43  LIFE OF THE PROJECT, STRUCTURE, OR FACILITY; and
   44    (i) Procedures for obtaining comments on  draft  environmental  impact
   45  statements,  holding  hearings,  providing public notice of agency deci-
   46  sions with respect to preparation of a  draft  environmental  statement;
   47  and  for such other matters as may be needed to assure effective partic-
   48  ipation by the public and efficient and  expeditious  administration  of
   49  the article.
   50    (j) Procedure for providing applicants with estimates, when requested,
   51  of  the  costs expected to be charged them pursuant to subdivision seven
   52  of section 8-0109 of this article.
   53    (k) Appeals procedure for the settlement of disputed costs charged  by
   54  state  agencies  to  applicants pursuant to subdivision seven of section
   55  8-0109 of this article. Such appeal procedure  shall  not  interfere  or
       S. 4999                             7
    1  cause  delay  in  the  determination  of  environmental  significance or
    2  prohibit an action from being undertaken.
    3    (l)  A  model  assessment form to be used during the initial review to
    4  assist an agency in its responsibilities under this article.
    5    S 12. Section 8-0113 of the environmental conservation law is  amended
    6  by adding a new subdivision 5 to read as follows:
    7    5.  AGENCY  ACTIONS LOCATED WITHIN COASTAL RISK MANAGEMENT ZONES SHALL
    8  RECEIVE PARTICULAR CONSIDERATION TO DETERMINE THE SIGNIFICANCE OF  THEIR
    9  POTENTIAL IMPACT ON THE ENVIRONMENT. ENVIRONMENTAL IMPACT STATEMENTS FOR
   10  ACTIONS  PLANNED  WITHIN COASTAL RISK MANAGEMENT ZONES SHALL BE REQUIRED
   11  TO EVALUATE THE IMPACTS  TO  AND  FROM  COASTAL  HAZARDS  REGARDING  THE
   12  ACTION.  THE  VULNERABILITY OF THE PROJECT TO COASTAL HAZARDS AND AVAIL-
   13  ABLE RESILIENCE EFFORTS SHALL BE EVALUATED.
   14    S 13. Subdivision 1 of section 24-0301 of the environmental  conserva-
   15  tion  law,  as amended by section 37 of part D of chapter 60 of the laws
   16  of 2012, is amended to read as follows:
   17    1. The commissioner shall, as soon as practicable, conduct a study  to
   18  identify  and  map  those individual freshwater wetlands in the state of
   19  New York which shall have an area of at  least  twelve  and  four-tenths
   20  acres  or  more, or if less than twelve and four-tenths acres, (a) have,
   21  in the discretion of the commissioner unusual local importance  for  one
   22  or  more  of  the  specific  benefits  set forth in subdivision seven of
   23  section 24-0105 of this article OR FOR THEIR PRESENCE IN A COASTAL  RISK
   24  MANAGEMENT  ZONE  or (b) are located within the Adirondack park and meet
   25  the definition of  wetlands  contained  in  subdivision  sixty-eight  of
   26  section  eight  hundred  two  of  the executive law, and shall determine
   27  their characteristics. This study shall, in addition to such other  data
   28  as  the commissioner may determine to be included, consist of the fresh-
   29  water wetlands inventory of the department  of  environmental  conserva-
   30  tion, currently being made, together with other available data on fresh-
   31  water  wetlands,  whether  assisted  by  the state of New York under the
   32  tidal wetlands act or  otherwise,  or  assembled  by  federal  or  local
   33  governmental  or  private  agencies,  all  of which information shall be
   34  assembled and integrated,  as  applicable,  into  a  map  of  freshwater
   35  wetlands  of the state of New York. Such study may, in the discretion of
   36  the commissioner, be carried out on a sectional or  regional  basis,  as
   37  indicated by need, subject to overall completion in an expeditious fash-
   38  ion  subject  to  the  terms  of  this chapter. This map, and any orders
   39  issued pursuant to the provisions of this article, shall comprise a part
   40  of the statewide environmental plan as provided for in section 3-0303 of
   41  this chapter. As soon as practicable the commissioner  shall  file  with
   42  the  secretary  of state a detailed description of the technical methods
   43  and requirements to be utilized in compiling the inventory, and he shall
   44  afford the public an opportunity to submit comments thereon.
   45    S 14. Section 25-0102 of the environmental conservation law, as  added
   46  by chapter 790 of the laws of 1973, is amended to read as follows:
   47  S 25-0102. Declaration of policy.
   48    It  is  declared to be the public policy of this state to preserve and
   49  protect  tidal  wetlands,  and  to  prevent   their   despoliation   and
   50  destruction,  giving  due  consideration  to  the  OCCURRENCE OF COASTAL
   51  HAZARDS THAT WILL RESULT IN WETLANDS LOSS  AND  MIGRATION,  AND  TO  THE
   52  reasonable economic and social development of the state.
   53    S 15. Section 25-0103 of the environmental conservation law is amended
   54  by adding a new subdivision 6 to read as follows:
   55    6. "COASTAL RISK MANAGEMENT ZONE" SHALL MEAN AREAS AT SIGNIFICANT RISK
   56  OF COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK
       S. 4999                             8
    1  OF  COASTAL  FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS,
    2  AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW.  COASTAL
    3  RISK MANAGEMENT ZONES WILL BE  IDENTIFIED  BY  THE  SECRETARY  OF  STATE
    4  ACCORDING  TO  THE  PURPOSES  AND  POLICIES  IDENTIFIED  IN SECTION NINE
    5  HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW AND ARE AS SHOWN ON THE  COASTAL
    6  RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
    7  AS REQUIRED BY SUCH ARTICLE.
    8    S 16. Section 27-0701 of the environmental conservation law is amended
    9  by adding a new subdivision 5 to read as follows:
   10    5.  "COASTAL  RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF
   11  COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
   12  COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE  STORMS,  AS
   13  DEFINED  IN  SECTION  NINE  HUNDRED ELEVEN OF THE EXECUTIVE LAW. COASTAL
   14  RISK MANAGEMENT ZONES WILL BE  IDENTIFIED  BY  THE  SECRETARY  OF  STATE
   15  ACCORDING  TO  THE  PURPOSES  AND  POLICIES  IDENTIFIED  IN SECTION NINE
   16  HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW AND ARE AS SHOWN ON THE  COASTAL
   17  RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
   18  AS REQUIRED BY THE SAME ARTICLE.
   19    S  17.  Subparagraph  4  of  paragraph  c  of subdivision 2 of section
   20  27-0707 of the environmental conservation law, as amended by chapter  70
   21  of  the  laws  of  1988, is amended and a new subparagraph 5 is added to
   22  read as follows:
   23    (4) the applicant has received or will receive the written opinion  of
   24  counsel to each [muncipality] MUNICIPALITY or public authority which has
   25  entered  into  a  contract,  lease or rental agreement with the proposed
   26  facility that such contract, lease or rental agreement is in  compliance
   27  with  the  applicable  requirements  of  sections  one  hundred one, one
   28  hundred three and one hundred twenty-w of the general municipal law.
   29    (5) IN CONNECTION WITH THE SITING AND DESIGN OF SOLID WASTE FACILITIES
   30  LOCATED WITHIN, OR RELYING UPON INFRASTRUCTURE LOCATED WITHIN, THE COAS-
   31  TAL RISK MANAGEMENT ZONE, APPLICANT HAS FULLY CONSIDERED THE IMPACTS  OF
   32  COASTAL HAZARDS OVER THE LIFETIME OF THE PROJECT.
   33    S  18. Paragraph a of subdivision 3 of section 27-1313 of the environ-
   34  mental conservation law, as amended by chapter 857 of the laws of  1982,
   35  is amended to read as follows:
   36    a.  Whenever  the commissioner finds that hazardous wastes at an inac-
   37  tive hazardous waste disposal site constitute a  significant  threat  to
   38  the  environment,  he may order the owner of such site and/or any person
   39  responsible for the disposal of hazardous wastes at  such  site  (i)  to
   40  develop  an  inactive  hazardous  waste  disposal site remedial program,
   41  subject to the approval of the department, at such  site,  and  (ii)  to
   42  implement  such  program  within reasonable time limits specified in the
   43  order. Provided, however, that in the event the commissioner  of  health
   44  shall  issue an order pursuant to subdivision three of section one thou-
   45  sand three hundred eighty-nine-b of the public health law, such order of
   46  the commissioner of health shall supersede any order  issued  hereunder.
   47  WHEN DETERMINING WHETHER HAZARDOUS WASTES AT AN INACTIVE HAZARDOUS WASTE
   48  DISPOSAL  SITE  CONSTITUTE  A SIGNIFICANT THREAT, THE COMMISSIONER SHALL
   49  CONSIDER PROJECTED EFFECTS OF COASTAL HAZARDS,  AS  DEFINED  IN  SECTION
   50  NINE  HUNDRED  ELEVEN  OF  THE  EXECUTIVE  LAW,  AND THE EFFECT OF THESE
   51  HAZARDS ON THE SAFETY AND INTEGRITY OF THE SITE.
   52    S 19. Paragraph (i) of subdivision 3 of section 27-1415 of  the  envi-
   53  ronmental  conservation  law  is  amended  by  adding a new subparagraph
   54  (xvii) to read as follows:
       S. 4999                             9
    1    (XVII) PROJECTED CHANGES IN COASTAL HAZARDS,  AS  DEFINED  IN  SECTION
    2  NINE  HUNDRED  ELEVEN  OF  THE  EXECUTIVE LAW, IN CLOSE PROXIMITY TO THE
    3  SITE.
    4    S  20.  Subdivisions  1  and 4 of section 34-0101 of the environmental
    5  conservation law, as added by chapter  841  of  the  laws  of  1981,  is
    6  amended to read as follows:
    7    1.  Certain  sections  of  the  coastline of the state of New York are
    8  prone to erosion from action of the adjacent water bodies. Such  erosion
    9  may  be caused by the action of waves, currents running along the shore,
   10  tides, wind-driven water and ice as well as  human  activities  such  as
   11  construction  and  shipping. Such areas are also prone to erosion caused
   12  by the wind, runoff of rain water along the  surface  of  the  land,  or
   13  groundwater seepage as well as by human activities such as construction,
   14  navigation and certain forms of recreation.  COASTAL HAZARDS, AS DEFINED
   15  IN  SECTION  NINE  HUNDRED ELEVEN OF THE EXECUTIVE LAW, MAY INCREASE THE
   16  SPEED OF SUCH EROSION OR EXACERBATE ITS EFFECTS.
   17    4. Programs  to  build  erosion  protective  structures,  either  with
   18  private or public funds, are costly, often only partially effective over
   19  time,  and  may even be harmful to adjacent or nearby properties, and in
   20  some sections of the state major erosion protective structures of  great
   21  length  would  be  required  to effectively reduce future damages due to
   22  erosion.   IN ADDITION, COASTAL HAZARDS,  AS  DEFINED  IN  SECTION  NINE
   23  HUNDRED ELEVEN OF THE EXECUTIVE LAW, OFTEN RENDER SUCH PROTECTIVE STRUC-
   24  TURES INEFFECTIVE OR LESS EFFECTIVE THAN INTENDED.
   25    S  21. Subdivision 1 of section 34-0102 of the environmental conserva-
   26  tion law, as added by chapter 841 of the laws of  1981,  is  amended  to
   27  read as follows:
   28    1.  Those areas of the state's coastline most prone to erosion hazards
   29  should be identified.  SUCH IDENTIFICATIONS SHALL BE MADE WITH CONSIDER-
   30  ATION OF THE EFFECTS OF COASTAL HAZARDS ON  COASTLINE  VULNERABILITY  TO
   31  EROSION.
   32    S  22. Subdivisions 2, 3 and 8 of section 34-0103 of the environmental
   33  conservation law, as added by chapter 841  of  the  laws  of  1981,  are
   34  amended to read as follows:
   35    2.  "Coastal  erosion" or "erosion" shall mean loss or displacement of
   36  land along the coastline due to the action of  waves,  currents  running
   37  along  the  shore,  tides, wind-driven water or water-borne ice or other
   38  impacts of coastal storms. It shall also mean loss  or  displacement  of
   39  land  along  the  coastline due to the action of wind, runoff of surface
   40  waters, or groundwater seepage, AND LOSS OR DISPLACEMENT  OF  SUCH  LAND
   41  DUE TO COASTAL HAZARDS, AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE
   42  EXECUTIVE LAW.
   43    3.  "Coastal  erosion hazard area" or "erosion hazard area" shall mean
   44  those areas of the coastline:
   45    (a) Which are determined as likely to be subject to erosion  within  a
   46  forty-year period. The inland boundary of such areas shall be determined
   47  on  the  basis  of  shoreline recession analysis, SEA LEVEL RISE PROJEC-
   48  TIONS, and other pertinent studies and surveys by starting at the  bluff
   49  edge or most landward point of active erosion and measuring along a line
   50  which is normal to the line of mean high water a distance which is forty
   51  times  the  long-term  average annual rate of shoreline recession, where
   52  such average annual recession rate is at least one foot; or
   53    (b) Which constitute natural protective features,  the  alteration  of
   54  which  might  reduce  or  destroy  the  protection  afforded other lands
   55  against erosion, or lower the reserves of sand or other natural  materi-
   56  als available to replenish storm losses through natural processes.
       S. 4999                            10
    1    The  erosion  hazard  area  is to be identified as provided in section
    2  34-0104 of this article and shall be the area within  which  new  activ-
    3  ities  or  development  shall be reviewed to effectuate the policies and
    4  purposes of this article to minimize damage caused by erosion to  struc-
    5  tures  and  to  prevent  damage to natural protective features caused by
    6  activities or development, as provided for in section  34-0108  of  this
    7  article.
    8    8. "Natural protective features" shall mean without limitation, beach-
    9  es,  dunes,  shoals,  bars, spits, barrier islands, bluffs and wetlands;
   10  AREAS WITHIN COASTAL BARRIER BREACHES AND WASHOVERS AND THEIR ASSOCIATED
   11  SANDY SHOALS, AS WELL AS associated natural  vegetation  shall  also  be
   12  considered as part of such natural protective features.
   13    S  23. Subdivision 4 of section 34-0104 of the environmental conserva-
   14  tion law, as amended by chapter 556 of the laws of 1985, is  amended  to
   15  read as follows:
   16    4. The commissioner shall review the boundaries of each erosion hazard
   17  area  identified pursuant to this section ten years from the date of its
   18  identification and every ten  years  thereafter.  The  commissioner  may
   19  revise  erosion hazard area maps not sooner than twelve months after the
   20  occurrence of a major man made or natural event or a major coastal storm
   21  if he determines  that  topographical  changes  or  loss  of  structural
   22  protection  at  the end of such a twelve month period and as a result of
   23  such event or such storm justify, pursuant to  the  regulations  of  the
   24  department,  adjustment  of  the erosion hazard area boundary by twenty-
   25  five feet or more. Following such review, the commissioner shall  adjust
   26  the  boundaries  of  such  erosion  hazard area to effect any additions,
   27  deletions or technical  changes,  or  to  reflect  any  changes  due  to
   28  erosion, accretion, SEA LEVEL RISE, COASTAL HAZARDS, or other natural or
   29  man-made changes. The commissioner shall follow the procedures set forth
   30  in  subdivisions two and three of this section with respect to any lands
   31  which are proposed to be added to or deleted from an erosion hazard area
   32  because of an adjustment of the boundaries of such erosion  hazard  area
   33  pursuant to this subdivision.
   34    S  24.  Article 71 of the environmental conservation law is amended by
   35  adding a new title 34 to read as follows:
   36                                  TITLE 34
   37                          ENFORCEMENT OF ARTICLE 34
   38  SECTION 71-3401. APPLICABILITY OF THIS TITLE.
   39          71-3402. VIOLATION; PENALTIES.
   40          71-3403. ENFORCEMENT.
   41  S 71-3401. APPLICABILITY OF THIS TITLE.
   42    IN ADDITION TO THE PROVISIONS OF SECTIONS  71-0101  AND  71-0301,  AND
   43  TITLES  FIVE  AND  FORTY  OF  THIS ARTICLE, THE PROVISIONS OF THIS TITLE
   44  SHALL BE APPLICABLE TO THE ENFORCEMENT OF ARTICLE  THIRTY-FOUR  OF  THIS
   45  CHAPTER.
   46  S 71-3402. VIOLATION; PENALTIES.
   47    1.  ADMINISTRATIVE SANCTIONS. A. ANY PERSON WHO VIOLATES, DISOBEYS, OR
   48  DISREGARDS ANY PROVISION OF ARTICLE THIRTY-FOUR OF THIS CHAPTER SHALL BE
   49  LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT LESS THAN  TEN
   50  THOUSAND  AND  NOT  MORE  THAN  TWENTY-FIVE  THOUSAND  DOLLARS FOR EVERY
   51  VIOLATION, TO BE ASSESSED, AFTER A HEARING OR OPPORTUNITY TO  BE  HEARD,
   52  BY  THE  COMMISSIONER.  EACH  VIOLATION SHALL BE A SEPARATE AND DISTINCT
   53  VIOLATION AND, IN THE CASE OF A CONTINUING VIOLATION, EACH DAY'S CONTIN-
   54  UANCE THEREOF SHALL BE DEEMED A SEPARATE AND DISTINCT  VIOLATION.    THE
   55  PENALTY MAY BE RECOVERED IN AN ACTION BROUGHT BY THE COMMISSIONER IN ANY
   56  COURT  OF  COMPETENT JURISDICTION. SUCH CIVIL PENALTY MAY BE RELEASED OR
       S. 4999                            11
    1  COMPROMISED BY THE COMMISSIONER BEFORE THE MATTER HAS BEEN  REFERRED  TO
    2  THE  ATTORNEY  GENERAL;  AND  WHERE SUCH MATTER HAS BEEN REFERRED TO THE
    3  ATTORNEY GENERAL, ANY SUCH PENALTY MAY BE RELEASED  OR  COMPROMISED  AND
    4  ANY ACTION COMMENCED TO RECOVER THE SAME MAY BE SETTLED AND DISCONTINUED
    5  BY THE ATTORNEY GENERAL WITH THE CONSENT OF THE COMMISSIONER.
    6    B.  UPON DETERMINING THAT SIGNIFICANT EROSION IS OCCURRING OR IS IMMI-
    7  NENT AS A RESULT OF ANY VIOLATION OF ARTICLE THIRTY-FOUR OF  THIS  CHAP-
    8  TER,  THE  COMMISSIONER SHALL HAVE POWER TO DIRECT THE VIOLATOR TO CEASE
    9  AND DESIST FROM VIOLATING THE ACT. IN SUCH CASES THE VIOLATOR  SHALL  BE
   10  PROVIDED  AN  OPPORTUNITY  TO BE HEARD WITHIN TEN DAYS OF RECEIPT OF THE
   11  NOTICE TO CEASE AND DESIST.
   12    C. FOLLOWING A HEARING HELD PURSUANT TO SECTION 71-1709 OF THIS  ARTI-
   13  CLE,  THE  COMMISSIONER SHALL HAVE POWER TO DIRECT THE VIOLATOR TO CEASE
   14  AND DESIST FROM VIOLATING THE ACT AND TO RESTORE  THE  AFFECTED  COASTAL
   15  AREA  TO ITS CONDITION PRIOR TO THE VIOLATION, INSOFAR AS THAT IS POSSI-
   16  BLE WITHIN A REASONABLE TIME AND UNDER THE SUPERVISION  OF  THE  COMMIS-
   17  SIONER.  ANY ORDER OF THE COMMISSIONER SHALL BE ENFORCEABLE IN AN ACTION
   18  BROUGHT BY THE COMMISSIONER IN ANY COURT OF COMPETENT JURISDICTION.  ANY
   19  CIVIL PENALTY OR ORDER ISSUED BY THE COMMISSIONER UNDER THIS SUBDIVISION
   20  SHALL  BE  REVIEWABLE IN A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE
   21  CIVIL PRACTICE LAW AND RULES.
   22    2. THE PROCEEDS OF ANY PENALTY OR FINE  ASSESSED  UNDER  THIS  SECTION
   23  SHALL BE DEPOSITED IN A FUND TO ASSIST LOCAL GOVERNMENTS IN IMPLEMENTING
   24  COASTAL RESILIENCE PLANS, AS DESCRIBED IN SECTION NINE HUNDRED FIFTEEN-A
   25  OF THE EXECUTIVE LAW.
   26  S 71-3403. ENFORCEMENT.
   27    1.  THE  ATTORNEY  GENERAL, ON HIS OWN INITIATIVE OR AT THE REQUEST OF
   28  THE  COMMISSIONER,  SHALL  PROSECUTE   PERSONS   WHO   VIOLATE   ARTICLE
   29  THIRTY-FOUR  OF  THIS CHAPTER. IN ADDITION, THE ATTORNEY GENERAL, ON HIS
   30  OWN INITIATIVE OR AT THE REQUEST OF THE  COMMISSIONER,  SHALL  HAVE  THE
   31  RIGHT  TO  RECOVER A CIVIL PENALTY OF NOT LESS THAN TEN THOUSAND AND NOT
   32  MORE THAN TWENTY-FIVE  THOUSAND  DOLLARS  FOR  EVERY  VIOLATION  OF  ANY
   33  PROVISION  OF SUCH ARTICLE, AND TO SEEK EQUITABLE RELIEF TO RESTRAIN ANY
   34  VIOLATION OR THREATENED VIOLATION OF SUCH ARTICLE  AND  TO  REQUIRE  THE
   35  RESTORATION OF ANY AFFECTED COASTLINE WITHIN THE COASTAL RISK MANAGEMENT
   36  ZONE, AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW, TO
   37  ITS CONDITION PRIOR TO THE VIOLATION, INSOFAR AS THAT IS POSSIBLE, WITH-
   38  IN  A  REASONABLE TIME AND UNDER THE SUPERVISION OF THE COMMISSIONER. IN
   39  THE CASE OF A CONTINUING VIOLATION, EACH DAY'S CONTINUANCE THEREOF SHALL
   40  BE DEEMED A SEPARATE AND DISTINCT VIOLATION.
   41    2. THE COMMISSIONER HAS THE AUTHORITY TO REVERSE  OR  VETO  ANY  LOCAL
   42  ACTIONS  OR DECISIONS WHICH ARE INCONSISTENT WITH THE PURPOSES AND POLI-
   43  CIES OF ARTICLE THIRTY-FOUR OF THIS CHAPTER.
   44    S 25. The department of  environmental  conservation  is  directed  to
   45  conform  its  regulations  in title 6 of the New York state Codes, Rules
   46  and Regulations to apply the polices, definitions, and amendments to the
   47  environmental conservation law contained in this act.
   48    S 26. Subdivision 2 of section 7-722 of the village law is amended  by
   49  adding two new paragraphs (d) and (e) to read as follows:
   50    (D)  "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF
   51  COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
   52  COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE  STORMS,  AS
   53  DEFINED  IN  SECTION  NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW.  COASTAL
   54  RISK MANAGEMENT ZONES WILL BE  IDENTIFIED  BY  THE  SECRETARY  OF  STATE
   55  ACCORDING  TO  THE  PURPOSES  AND  POLICIES  IDENTIFIED  IN SECTION NINE
   56  HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW, AND ARE AS SHOWN ON THE COASTAL
       S. 4999                            12
    1  RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
    2  AS REQUIRED IN SUCH SECTION.
    3    (E)  "COASTAL  HAZARDS" MEANS THE RANGE OF ENVIRONMENTAL PROCESSES AND
    4  EVENTS THAT MAY AFFECT COASTLINES OR HUMAN ACTIVITY NEAR COASTLINES, AND
    5  IT INCLUDES BUT IS NOT LIMITED TO SEA LEVEL  RISE,  RISING  GROUNDWATER,
    6  COASTAL  FLOODING,  STORM SURGE, COASTAL STORMS, OR SALTWATER INTRUSION,
    7  AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW.
    8    S 27. Subdivision 3 of section 7-722 of the village law is amended  by
    9  adding three new paragraphs (p), (q) and (r) to read as follows:
   10    (P)  CONSIDERATION OF THE EFFECTS OF COASTAL HAZARDS ON ANY ASPECTS OF
   11  THE PLAN, IF ANY PART OF THE VILLAGE IS LOCATED WITHIN THE COASTAL  RISK
   12  MANAGEMENT ZONE.
   13    (Q)  INCLUSION  WHERE  PRACTICABLE  OF  BUFFER AREAS AND OTHER COASTAL
   14  PROTECTION STRATEGIES IN THE ZONING OF WATERFRONT AREAS OR THE  DEVELOP-
   15  MENT  OF  WATERFRONT  REVITALIZATION  PLANS,  IN ORDER TO REDUCE RISK TO
   16  NATURAL RESOURCES AND ENSURE THAT ALL NEW  CONSTRUCTION  AND/OR  INFRAS-
   17  TRUCTURE  IS  CONSISTENT WITH THE REDUCTION OF FLOOD RISK AND OF VULNER-
   18  ABILITY TO COASTAL HAZARDS IN THE COASTAL RISK MANAGEMENT ZONE.
   19    (R) DEVELOPMENT OF COASTAL RESILIENCE PLANS BY COMMUNITIES WITHIN  THE
   20  COASTAL  RISK  MANAGEMENT  ZONE.  SUCH PLANS SHALL ADVISE COMMUNITIES ON
   21  POST-STORM RECOVERY MECHANISMS, REDEVELOPMENT, AND RECOGNITION OF  LONG-
   22  TERM  RISKS  CREATED BY HIGH-INTENSITY STORMS. SUCH PLANS SHALL BE BASED
   23  ON TRENDS IN HIGH-INTENSITY WEATHER AND THE EFFECT OF COASTAL  PROCESSES
   24  ON FUTURE WEATHER CONDITIONS.
   25    S  28.  Subdivision  2  of section 272-a of the town law is amended by
   26  adding two new paragraphs (d) and (e) to read as follows:
   27    (D) "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK  OF
   28  COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
   29  COASTAL  FLOODING  DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS, AS
   30  DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE  LAW.    COASTAL
   31  RISK  MANAGEMENT  ZONES  WILL  BE  IDENTIFIED  BY THE SECRETARY OF STATE
   32  ACCORDING TO THE  PURPOSES  AND  POLICIES  IDENTIFIED  IN  SECTION  NINE
   33  HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW, AND ARE AS SHOWN ON THE COASTAL
   34  RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
   35  AS REQUIRED IN SUCH SECTION NINE HUNDRED FOURTEEN-A.
   36    (E)  "COASTAL  HAZARDS" MEANS THE RANGE OF ENVIRONMENTAL PROCESSES AND
   37  EVENTS THAT MAY AFFECT COASTLINES OR HUMAN ACTIVITY NEAR COASTLINES, AND
   38  IT INCLUDES BUT IS NOT LIMITED TO SEA LEVEL  RISE,  RISING  GROUNDWATER,
   39  COASTAL  FLOODING,  STORM SURGE, COASTAL STORMS, OR SALTWATER INTRUSION,
   40  AS DEFINED IN SECTION NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW.
   41    S 29. Subdivision 3 of section 272-a of the town  law  is  amended  by
   42  adding three new paragraphs (p), (q) and (r) to read as follows:
   43    (P)  CONSIDERATION OF THE EFFECTS OF COASTAL HAZARDS ON ANY ASPECTS OF
   44  THE PLAN, IF ANY PART OF THE TOWN IS LOCATED  WITHIN  THE  COASTAL  RISK
   45  MANAGEMENT ZONE.
   46    (Q)  INCLUSION  WHERE  PRACTICABLE  OF  BUFFER AREAS AND OTHER COASTAL
   47  PROTECTION STRATEGIES IN THE ZONING OF WATERFRONT AREAS OR THE  DEVELOP-
   48  MENT  OF  WATERFRONT  REVITALIZATION  PLANS,  IN ORDER TO REDUCE RISK TO
   49  NATURAL RESOURCES AND ENSURE THAT ALL NEW  CONSTRUCTION  AND/OR  INFRAS-
   50  TRUCTURE  IS  CONSISTENT WITH THE REDUCTION OF FLOOD RISK AND OF VULNER-
   51  ABILITY TO COASTAL HAZARDS IN THE COASTAL RISK MANAGEMENT ZONE.
   52    (R) DEVELOPMENT OF COASTAL RESILIENCE PLANS BY COMMUNITIES WITHIN  THE
   53  COASTAL  RISK  MANAGEMENT  ZONE.  SUCH PLANS SHALL ADVISE COMMUNITIES ON
   54  POST-STORM RECOVERY MECHANISMS, REDEVELOPMENT, AND RECOGNITION OF  LONG-
   55  TERM  RISKS  CREATED BY HIGH-INTENSITY STORMS. SUCH PLANS SHALL BE BASED
       S. 4999                            13
    1  ON TRENDS IN HIGH-INTENSITY WEATHER AND THE EFFECT OF COASTAL  PROCESSES
    2  ON FUTURE WEATHER CONDITIONS.
    3    S 30. Subdivision 3 of section 28-a of the general city law is amended
    4  by adding two new paragraphs (d) and (e) to read as follows:
    5    (D)  "COASTAL RISK MANAGEMENT ZONE" MEANS AREAS AT SIGNIFICANT RISK OF
    6  COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT HIGH RISK OF
    7  COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE  STORMS,  AS
    8  DEFINED  IN  SECTION  NINE HUNDRED ELEVEN OF THE EXECUTIVE LAW.  COASTAL
    9  RISK MANAGEMENT ZONES WILL BE  IDENTIFIED  BY  THE  SECRETARY  OF  STATE
   10  ACCORDING  TO  THE  PURPOSES  AND  POLICIES  IDENTIFIED  IN SECTION NINE
   11  HUNDRED FOURTEEN-A OF THE EXECUTIVE LAW, AND ARE AS SHOWN ON THE COASTAL
   12  RISK MANAGEMENT ZONE MAP ON FILE IN THE OFFICE OF THE SECRETARY OF STATE
   13  AS REQUIRED IN SUCH SECTION NINE HUNDRED FOURTEEN-A.
   14     (E) "COASTAL HAZARDS" MEANS THE RANGE OF ENVIRONMENTAL PROCESSES  AND
   15  EVENTS THAT MAY AFFECT COASTLINES OR HUMAN ACTIVITY NEAR COASTLINES, AND
   16  IT  INCLUDES  BUT  IS NOT LIMITED TO SEA LEVEL RISE, RISING GROUNDWATER,
   17  COASTAL FLOODING, STORM SURGE, COASTAL STORMS, OR  SALTWATER  INTRUSION,
   18  AS DEFINED IN SECTION HUNDRED HUNDRED ELEVEN OF THE EXECUTIVE LAW.
   19    S 31. Subdivision 4 of section 28-a of the general city law is amended
   20  by adding three new paragraphs (p), (q) and (r) to read as follows:
   21    (P)  CONSIDERATION OF THE EFFECTS OF COASTAL HAZARDS ON ANY ASPECTS OF
   22  THE PLAN, IF ANY PART OF THE CITY IS LOCATED  WITHIN  THE  COASTAL  RISK
   23  MANAGEMENT ZONE.
   24    (Q)  INCLUSION  WHERE  PRACTICABLE  OF  BUFFER AREAS AND OTHER COASTAL
   25  PROTECTION STRATEGIES IN THE ZONING OF WATERFRONT AREAS OR THE  DEVELOP-
   26  MENT  OF  WATERFRONT  REVITALIZATION  PLANS,  IN ORDER TO REDUCE RISK TO
   27  NATURAL RESOURCES AND ENSURE THAT ALL NEW  CONSTRUCTION  AND/OR  INFRAS-
   28  TRUCTURE  IS  CONSISTENT WITH THE REDUCTION OF FLOOD RISK AND OF VULNER-
   29  ABILITY TO COASTAL HAZARDS IN THE COASTAL RISK MANAGEMENT ZONE.
   30    (R) DEVELOPMENT OF COASTAL RESILIENCE PLANS BY COMMUNITIES WITHIN  THE
   31  COASTAL  RISK  MANAGEMENT  ZONE.  SUCH PLANS SHALL ADVISE COMMUNITIES ON
   32  POST-STORM RECOVERY MECHANISMS, REDEVELOPMENT, AND RECOGNITION OF  LONG-
   33  TERM  RISKS  CREATED BY HIGH-INTENSITY STORMS. SUCH PLANS SHALL BE BASED
   34  ON TRENDS IN HIGH-INTENSITY WEATHER AND THE EFFECT OF COASTAL  PROCESSES
   35  ON FUTURE WEATHER CONDITIONS.
   36    S  32. Section 66 of the public service law is amended by adding a new
   37  subdivision 29 to read as follows:
   38    29. REQUIRE EVERY  UTILITY  CORPORATION  WITHIN  ITS  JURISDICTION  TO
   39  SUBMIT  HAZARD  MITIGATION  PLANS  AND  EMERGENCY  RESPONSE PLANS TO THE
   40  COMMISSION FOR REVIEW AND APPROVAL AT SUCH TIMES AND IN SUCH DETAIL  AND
   41  FORM  AS  THE COMMISSION SHALL REQUIRE, PROVIDED, HOWEVER, THAT THE SAME
   42  SHALL BE FILED AT LEAST ANNUALLY AND SHALL CONTAIN, AT A MINIMUM:
   43    (A) AN ASSESSMENT OF THE VULNERABILITY OF CORPORATION  INFRASTRUCTURE,
   44  INCLUDING BUT NOT LIMITED TO BUILDINGS, PIPES, WIRES, CONDUITS OR DUCTS,
   45  TO  COASTAL  HAZARDS  AND  OTHER  REASONABLY FORESEEABLE EXTREME WEATHER
   46  EVENTS, AND IDENTIFICATION  OF  THE  INFRASTRUCTURE  MOST  AT  RISK,  TO
   47  INCLUDE  AN  IDENTIFICATION OF INFRASTRUCTURE LOCATED WITHIN THE COASTAL
   48  RISK MANAGEMENT ZONE, AS DEFINED IN SECTION NINE HUNDRED ELEVEN  OF  THE
   49  EXECUTIVE LAW;
   50    (B) AN EVALUATION OF SHORT-TERM AND LONG-TERM RESILIENCE STRATEGIES TO
   51  PROTECT THAT INFRASTRUCTURE TO ENSURE THE SAFE AND RELIABLE PROVISION OF
   52  UTILITIES,  TO  INCLUDE  LONG-TERM INVESTMENT DECISIONS ON THE PLACEMENT
   53  AND DESIGN OF INFRASTRUCTURE;
   54    (C) EMERGENCY RESPONSE PLANS FOCUSED ON IMMEDIATE PREPARATION FOR  AND
   55  RESPONSE TO STORMS AND OTHER EXTREME WEATHER EVENTS.
       S. 4999                            14
    1    ONCE REVIEWED AND APPROVED BY THE COMMISSION, SUCH PLANS SHALL BE MADE
    2  AVAILABLE TO THE PUBLIC.
    3    S  33.  Subdivision 2 of section 6-0107 of the environmental conserva-
    4  tion law is amended by adding a new paragraph l to read as follows:
    5    L. TO PROMOTE RESILIENCE TO COASTAL HAZARDS, EXTREME  WEATHER  EVENTS,
    6  AND  OTHER  NATURAL DISASTERS BY STRENGTHENING EXISTING AND CREATING NEW
    7  COMMUNITIES DESIGNED TO WITHSTAND REASONABLY  FORESEEABLE  ENVIRONMENTAL
    8  THREATS,  WITH  PARTICULAR  ATTENTION FOR THOSE LOCATED ALONG COASTLINES
    9  AND IN OR IMMEDIATELY ADJACENT TO COASTAL RISK MANAGEMENT ZONES.
   10    S 34.  Severability.  The provisions of this article shall be  severa-
   11  ble, and if any clause, sentence, paragraph, subdivision or part of this
   12  article  shall  be adjudged by any court of competent jurisdiction to be
   13  invalid, such judgment  shall  not  affect,  impair  or  invalidate  the
   14  remainder thereof, but shall be confined in its operation to the clause,
   15  sentence,  paragraph,  subdivision  or part thereof directly involved in
   16  the controversy in which such judgment shall have been rendered.
   17    S 35. This act shall take effect immediately; provided, however,  that
   18  the  Long  Island  South  Shore  Estuary Reserve council shall take into
   19  consideration in its next biannual reviews the amendments made to subdi-
   20  vision 7 of section 964-b of the executive law by section seven of  this
   21  act;  provided,  further,  that the addition, amendment and/or repeal of
   22  any rule or regulation necessary for the implementation of this  act  on
   23  its  effective  date is authorized and directed to be made and completed
   24  on or before such effective date.