STATE OF NEW YORK ________________________________________________________________________ 8686 2017-2018 Regular Sessions IN ASSEMBLY September 25, 2017 ___________ Introduced by M. of A. BARNWELL -- read once and referred to the Commit- tee on Environmental Conservation AN ACT to establish a commission to be known as the "New York city seawall study commission" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. For the purposes of this act, the following terms shall 2 have the following meanings: 3 1. "Coastline" and "coastal areas" means the coastline and coastal 4 areas of New York city; 5 2. "Coastal hazards" means the range of environmental processes and 6 events that may affect coastlines or human activity near coastlines, and 7 it includes but is not limited to sea level rise, rising groundwater, 8 coastal flooding, storm surge, coastal storms, or saltwater intrusion; 9 and 10 3. "Sea level rise" means the mean increase in sea level relative to 11 shoreline, calculated yearly, on the coastline. 12 § 2. There is hereby established a commission to be known as the "New 13 York city seawall study commission", hereinafter referred to in this act 14 as the "commission". 15 § 3. 1. The commission shall: 16 (a) be composed of 13 members appointed in accordance with subdivision 17 two of this section; and 18 (b) conduct its business in accordance with the provisions of this 19 section. 20 2. The members shall be appointed for the life of the commission as 21 follows: 22 (a) 3 shall be appointed by the temporary president of the senate; 23 (b) 1 shall be appointed by the minority leader of the senate; 24 (c) 3 shall be appointed by the speaker of the assembly; 25 (d) 1 shall be appointed by the minority leader of the assembly; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13492-01-7

A. 8686 2 1 (e) 5 shall be appointed by the governor. 2 3. The members of the commission shall be individuals who have know- 3 ledge or expertise, whether by experience or training, in matters to be 4 studied by the commission under subdivision seven of this section. The 5 members may be from the public sector, who may include federal, state, 6 or local officers or employees, members of academia, nonprofit organiza- 7 tions, or other interested individuals or the private sector. The 8 members shall include at least 5 members of the scientific community 9 whose expertise is in the matters to be studied by the commission under 10 subdivision seven of this section including engineers and pertinent 11 scientists. 12 4. The temporary president of the senate, the minority leader of the 13 senate, the speaker of the assembly, the minority leader of the assembly 14 and the governor shall consult among themselves prior to the appointment 15 of the members of the commission in order to achieve, to the maximum 16 extent possible, fair and equitable representation of various points of 17 view with respect to the matters to be studied by the commission under 18 subdivision seven of this section. After such consultation each shall 19 make his or her respective appointment not later than 45 days after the 20 effective date of this act. Any vacancy that occurs during the life of 21 the commission shall not affect the powers of the commission and shall 22 be filled in the same manner as the original appointment not later than 23 45 days after the vacancy occurs. 24 5. The initial meeting of the commission shall be conducted not later 25 than 30 days after the appointment of the last member of the commission. 26 The first act of the commission shall be to select by consensus a chair- 27 person. 28 6. A majority of the members shall constitute a quorum to conduct 29 business, but the commission may establish a lesser quorum for conduct- 30 ing hearings scheduled by the commission. Each member shall have 1 vote 31 and the vote of each member shall be accorded the same weight. The 32 commission may establish, by majority vote, any other rules for the 33 conduct of the commission's business, insofar as such rules are not 34 inconsistent with this section or other applicable law. 35 7. It is the duty of the commission to hold hearings across the state 36 and conduct a comprehensive study on sea levels and a potential seawall 37 on the coastline. 38 (a) The matters studied by the commission under this subdivision shall 39 include, but not be limited to: 40 (1) coastal areas at greatest risk from sea level rise; 41 (2) areas at risk from storm surge with current sea levels; 42 (3) areas that are likely to be at risk from coastal hazards in the 43 future through year 2100; and 44 (4) the feasibility, costs, impacts, and locations of a seawall being 45 created to protect the city of New York from sea level rise and storm 46 surge along the entire coastline. 47 (b) Not later than 2 years after the date on which the commission 48 first meets, the commission shall submit to the governor, the senate, 49 and the assembly a comprehensive report on the commission's findings and 50 conclusions. This report shall include a representation of areas of 51 risk, along with the methodology and criteria for assigning given levels 52 of risk, shall be made available to local governments and the public. 53 (c) Not later than 3 months after the submission of the report under 54 paragraph (b) of this subdivision, the commission shall issue proposed 55 changes to pertinent state laws and regulations.

A. 8686 3 1 8. The commission shall have the power to hold hearings, at such sites 2 and to act at such times and places, to take such testimony, and to 3 receive such evidence as the commission considers advisable to carrying 4 out its duties under this subdivision. 5 9. The members of the commission shall not be given any form of 6 compensation and shall be allowed no travel expenses while away from 7 their homes or regular places of business in the performance of service 8 for the commission. 9 § 4. This act shall take effect immediately.