STATE OF NEW YORK ________________________________________________________________________ 7263 2017-2018 Regular Sessions IN ASSEMBLY April 12, 2017 ___________ Introduced by M. of A. ENGLEBRIGHT, JAFFEE, OTIS -- Multi-Sponsored by -- M. of A. LOPEZ -- read once and referred to the Committee on Envi- ronmental Conservation AN ACT to amend the environmental conservation law, in relation to enhancing the state's flood mitigation and coastal resiliency activ- ities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 54-1523 of the environmental conservation law, as 2 added by section 5 of part U of chapter 58 of the laws of 2016, is 3 amended to read as follows: 4 § 54-1523. Climate adaptation and mitigation projects. 5 1. The commissioner is authorized to provide on a competitive basis, 6 within amounts appropriated, state assistance payments to a municipality 7 toward the cost of any climate adaptation or mitigation projects. Such 8 projects shall include: 9 a. the construction of natural resiliency measures, conservation or 10 restoration of riparian areas and tidal marsh migration areas; 11 b. nature-based solutions such as wetland protections to address phys- 12 ical climate risk due to sea level rise, and/or storm surges and/or 13 flooding, based on available data predicting the likelihood of future 14 extreme weather events, including hazard risk analysis data if applica- 15 ble; 16 c. relocation or retrofit of facilities to address physical climate 17 risk due to sea level rise, and/or storm surges and/or flooding based on 18 available data predicting the likelihood of future extreme weather 19 events, including hazard risk analysis data if applicable; 20 d. flood risk reduction; 21 e. greenhouse gas emission reductions outside the power sector; 22 f. enabling communities to become certified under the climate smart 23 communities program, including by developing natural resources invento- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05579-01-7

A. 7263 2 1 ries, right sizing of municipal fleets and developing climate adaptation 2 strategies; [and] 3 g. climate change adaptation planning and supporting studies, includ- 4 ing but not limited to vulnerability assessment and risk analysis of 5 municipal drinking water, wastewater, and transportation infrastructure; 6 and 7 h. land acquisition, including but not limited to flood mitigation and 8 coastal riparian resiliency; provided, however, no monies shall be 9 expended for acquisition by eminent domain. 10 2. To the fullest extent practicable, it is the policy of the state to 11 promote an equitable regional distribution of climate adaptation and 12 mitigation projects, consistent with the purpose of this title, taking 13 into account regional differences in climate change risks, socioeconomic 14 conditions and ecological resources. 15 [3. No monies shall be expended for land acquisition.] 16 § 2. The environmental conservation law is amended by adding a new 17 section 54-1525 to read as follows: 18 § 54-1525. Restriction on alienation. 19 Real property acquired, developed, improved, restored or rehabilitated 20 by a municipality pursuant to this title with funds made available 21 pursuant to this title shall not be sold or disposed of or used for 22 other than public purposes without the express authority of an act of 23 the legislature, which shall provide for the substitution of other lands 24 of equal environmental and fair market value and reasonably equivalent 25 usefulness and location to those to be discontinued, sold or disposed 26 of, and such other requirements as shall be approved by the commission- 27 er. 28 § 3. This act shall take effect immediately.