New York S 2274: Relates to the prevention, response and recovery of flooding on Lake Ontario and the St. Lawrence River

Bill Text

STATE OF NEW YORK
________________________________________________________________________
2274
2021-2022 Regular Sessions
IN SENATE
January 20, 2021
___________
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 such provisions upon expi-
ration thereof
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new article 74 to read as follows:
3 ARTICLE 74
4 TITLE 2
5 NEW YORK STATE LAKE ONTARIO - ST. LAWRENCE RIVER FLOOD
6 PREVENTION, RESPONSE, RECOVERY AND MITIGATION TASK FORCE
7 Section 74-0101. Flood prevention, response, recovery and mitigation
8 task force.
9 74-0103. Definitions.
10 74-0105. Task force composition.
11 74-0107. Task force duties.
12 § 74-0101. Flood prevention, response, recovery and mitigation task
13 force.
14 The New York state Lake Ontario-St. Lawrence River flood prevention,
15 response, recovery and mitigation task force, referred to in this arti-
16 cle as the task force, is hereby established to determine what measures
17 should be taken to enhance flood prevention, recovery, response, manage-
18 ment and mitigation in and along the shoreline and adjoining waterways
19 of Lake Ontario and the St. Lawrence River, and to develop recommenda-
20 tions to accomplish such goal.
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD04616-01-1

S. 2274 2
1 § 74-0103. Definitions.
2 When used in this article:
3 1. "Adaptive measures" means any adjustment, whether passive, reactive
4 or anticipatory, that may be taken to ameliorate the anticipated adverse
5 consequences associated with flood events.
6 2. "Flood control study sector" means a particular aspect of the
7 natural or built environment, economy, or society that could potentially
8 be adversely impacted by flood events. Such term includes, but is not
9 limited to, lake, stream and river banks, locks and dams, wetlands and
10 waterfront areas, water resources, transportation infrastructure, water
11 supply and wastewater infrastructure, human health, recreation, tourism,
12 power generation and business, residential, farm and municipal sectors.
13 3. "Flood event" means an overflow or inundation that comes from a
14 lake, river or other body of water, whether caused by rainfall, waterway
15 operation, dam operation, waterflow management, dam break, water runoff
16 or other means, and causes or threatens damage.
17 4. "Lake Ontario" and "St. Lawrence River" shall mean the lake, river
18 shoreline, lands and infrastructure of Lake Ontario and the St. Lawrence
19 River, or its adjoining or affected communities of Niagara, Orleans,
20 Monroe, Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and
21 Franklin Counties.
22 § 74-0105. Task force composition.
23 1. The task force shall consist of thirteen members; eight of whom
24 shall be the adjutant general of the state division of military and
25 naval affairs, the commissioner of the division of homeland security and
26 emergency services, the commissioner of the department of environmental
27 conservation, the secretary of state, the commissioner of transporta-
28 tion, the commissioner of the department of parks, recreation and
29 historic preservation, the commissioner of the department of agriculture
30 and markets and the chairman of the state economic development office or
31 designee; and five additional members who shall be from outside the
32 public offices listed in this section and one of each of whom shall be a
33 hydrologist, civil engineer, climatologist, county emergency manager and
34 soil and water conservation professional. The governor shall appoint
35 three of the five additional members and the temporary president of the
36 senate and speaker of the assembly shall each appoint one of each of the
37 five additional members.
38 2. The task force shall appoint a chairperson from among its members.
39 3. The members of the task force shall receive no compensation for
40 their services, but shall be allowed their actual and necessary expenses
41 incurred in the performance of their duties.
42 4. The task force shall consult with each of the emergency management
43 officers, or appropriate county officer, from Niagara, Orleans, Monroe,
44 Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and Franklin
45 counties, and each said officer shall provide to the task force a docu-
46 ment listing their concerns and recommendatio