New York S 3848: Relates to the prevention, response and recovery of flooding on Lake Ontario and the St. Lawrence River

Bill Text

STATE OF NEW YORK
________________________________________________________________________
3848
2019-2020 Regular Sessions
IN SENATE
February 19, 2019
___________
Introduced by Sens. HELMING, ORTT, RITCHIE, ROBACH -- read twice and
ordered printed, and when printed to be committed to the Committee on
Veterans, Homeland Security and Military Affairs
AN ACT to amend the military law, in relation to the Lake Ontario-St.
Lawrence River flood prevention, response and recovery program; and to
amend the New York state urban development corporation act and the
state finance law, in relation to financing the Lake Ontario-St.
Lawrence River flood prevention, response and recovery program
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 6 of the military law is amended by adding a new
2 subdivision 3 to read as follows:
3 3. Upon the request of the sheriff of an impacted county, or upon the
4 request of any county legislature or county board of supervisors in any
5 impacted county, or upon the request of a mayor of any city or village
6 in any impacted county, or upon the request of a supervisor of any town
7 in any impacted county, the governor may order into the active service
8 of the state, for such period, to such extent and in such manner as he
9 may deem necessary, all or any part of the organized militia, in accord-
10 ance with the provisions and purposes of the Lake Ontario-St. Lawrence
11 River Flood Prevention, Response and Recovery Program as set forth in
12 article five of this chapter. The compensation of all officers and
13 enlisted men, while on duty or assembled pursuant to this subdivision,
14 and all expenses incurred in connection with such duty or as a result
15 thereof shall be paid in the manner prescribed by section two hundred
16 twelve-a of this chapter. For purposes of this section, the term
17 "impacted county" shall mean Niagara County, Orleans County, Monroe
18 County, Wayne County, Cayuga County, Onondaga County, Oswego County,
19 Jefferson County, St. Lawrence County, and/or Franklin County, if and
20 when such county or counties have sustained an impact due to flooding
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD04985-01-9

S. 3848 2
1 caused at least in part by the rising levels of Lake Ontario or the St.
2 Lawrence River, or their adjoining waterways.
3 § 2. The military law is amended by adding a new article 5 to read as
4 follows:
5 ARTICLE V
6 LAKE ONTARIO-ST. LAWRENCE RIVER FLOOD PREVENTION, RESPONSE
7 AND RECOVERY PROGRAM
8 Section 100. Lake Ontario-St. Lawrence River Flood Prevention, Response
9 and Recovery Program
10 § 100. Lake Ontario-St. Lawrence River Flood Prevention, Response and
11 Recovery Program. There is hereby established within the division, under
12 the command, control and direction of the adjutant general, a Lake
13 Ontario-St. Lawrence River Flood Prevention, Response and Recovery
14 Program. It shall be the purpose of this program to provide flood
15 prevention, response and recovery services to the persons, homeowners,
16 business owners, employees and localities of an impacted county, in the
17 event of flooding caused at least in part by the rising levels or Lake
18 Ontario or the St. Lawrence River, or their adjoining waterways. For
19 purposes of this section, the term "impacted county" shall mean Niagara
20 County, Orleans County, Monroe County, Wayne County, Cayuga County,
21 Onondaga County, Oswego County, Jefferson County, St. Lawrence County,
22 and/or Franklin County, if and when such county or counties have
23 sustained an impact due to flooding caused at least in part by the
24 rising levels of Lake Ontario or the St. Lawrence River, or their
25 adjoining waterways.
26 1. In accordance with a call by the governor pursuant to subdivision
27 three of section six of this chapter, the adjutant general shall respond
28 to a request for, and shall provide, flood prevention, response and
29 recovery services in any impacted county. Such services shall include:
30 a. Prevention services. The adjutant general shall direct the perform-
31 ance of any services that would assist in the prevention or mitigation
32 of the impact of flooding caused at least in part by the rising levels
33 of Lake Ontario or the St. Lawrence River, or their adjoining waterways.
34 Such services shall include, but not be limited to:
35 (i) Providing personnel, material and logistical support in deploying
36 measures to prevent or mitigate any effects of flooding, including but
37 not limited to, the procurement, filing and placement of sand bags;
38 procurement and deployment of flood booms; and the construction and
39 placement of levies, seawalls, flood barriers, water diversion channels,
40 or other emergency or permanent flood arresting, controlling or
41 protection measures;
42 (ii) The development, in consultation with the state department of
43