BILL NUMBER: S8503
SPONSOR: PARKER
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
permits granted in coastal erosion hazard areas
 
PURPOSE::
Proposing an amendment to article 34 of the Environmental Conservation
Law, in relation to permits granted in coastal erosion hazard areas
 
SUMMARY OF PROVISIONS::
Section 1: Amends Section 3 of Article 34 of the Environmental Conserva-
tion Law. Adds 2 additional definitions to define "green infrastructure"
and "permeable pavement."
Section 2: Amends Section 4 of Article 34 of the Environmental Conserva-
tion Law. Mandates the New York State Department of Environmental
Conservation to disclose who receives new permits in identified coastal
hazard areas and the environmental impact of new green infrastructure
provisions.
Section 3: Amends Section 9 of Article 34 of the Environmental Conserva-
tion Law. Adds green infrastructure requirements for new permits in
identified coastal erosion hazard areas. Waivers and/or modifications
may be granted based on the discernment of the New York State Department
of Environmental Conservation. Local governments may enforce more strin-
gent requirements.
Section 4: Amends Section 10 of Article 34 of the Environmental Conser-
vation Law. Adds green infrastructure requirements for existing property
in identified coastal erosion hazard areas. Waivers and/or modifications
may be granted based on the discernment of the New York State Department
of Environmental Conservation. Local governments may enforce more strin-
gent requirements, but not policies that weaken or bypass precautions
laid out by this proposal.
 
JUSTIFICATION::
S. The current version of Article 34 of the Environmental Conservation
Law can be considered as the grounds for more coastal erosion
prevention, not effective coastal erosion itself. This article requires
the Department of Environmental Conservation to map coastal hazard
areas, disincentivize and limit activities that will contribute to
erosion, and encourage local governments to use regulatory powers such
as zoning and site-plan review. New York in particular is susceptible to
coastal erosion however, due to its extensive coastline, low-lying
areas, and exposure to wave patterns from the Atlantic Ocean. These
amendments would mandate the inclusion of green infrastructure into the
plans for new permits in these areas as well as for existing properties
to help reduce stormwater runoff and mitigate coastal erosion overall.
The department would also now be required to include in their annual
report information on who new permit recipients are and the environ-
mental outcomes provided by the new green infrastructure. Some charac-
teristics for funding and/or grant approval by the state is laid out in
subdivision 3 for 34-0110 to help limit lawsuits. Provisions for waivers
and modifications to these green infrastructure requirements are
included for the same reason and are laid out in subdivision 7 for .
34-0109 and subdivision 5 for § 34-0110.
 
LEGISLATIVE HISTORY::
New bill.
 
FISCAL IMPLICATIONS::
Some properties may receive funding grants based on traits identified in
proposed subdivision 3 for § 34-0110.
 
EFFECTIVE DATE::
This shall take effect immediately.

Statutes affected:
S8503: 34-0103 environmental conservation law, 34-0109 environmental conservation law, 34-0110 environmental conservation law