STATE OF NEW YORK ________________________________________________________________________ 8686--A 2017-2018 Regular Sessions IN ASSEMBLY September 25, 2017 ___________ Introduced by M. of A. BARNWELL, DICKENS, VANEL, WEPRIN, WILLIAMS, CRES- PO -- Multi-Sponsored by -- M. of A. ORTIZ -- read once and referred to the Committee on Environmental Conservation -- recommitted to the Committee on Environmental Conservation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to establish a commission to be known as the "New York seawall study commission"; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. New York seawall study commission. 1. There is hereby 2 established, within the department of environmental conservation, a 3 seawall study commission ("commission") which shall consist of 14 4 members who shall be appointed as follows: 5 (a) the commissioner of environmental conservation or his or her 6 designee; 7 (b) the secretary of state or his or her designee; 8 (c) two members appointed by the governor; 9 (d) two members to be appointed by the temporary president of the 10 senate; 11 (e) two members to be appointed by the speaker of the assembly; 12 (f) one member to be appointed by the minority leader of the senate; 13 (g) one member to be appointed by the minority leader of the assembly; 14 (h) two members to be appointed by the mayor of the city of New York; 15 (i) one member to be appointed by the county executive of the county 16 of Nassau; and 17 (j) one member to be appointed by the county executive of the county 18 of Suffolk. 19 2. The at large members should include individuals with expertise in 20 one or more of the following areas: climatology; hydrology; environ- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13492-02-8

A. 8686--A 2 1 mental; aquaculture; oceanography or coastal ocean science; and engi- 2 neering. 3 3. Commission members shall receive no compensation for their services 4 but shall be reimbursed for actual and necessary expenses incurred in 5 the performance of their duties. 6 4. The chairperson of the commission shall be the commissioner of 7 environmental conservation or his or her designee. The commission shall 8 meet no less than four times and at other times at the call of the 9 chairperson. 10 5. Any vacancies on the commission shall be filled in the manner 11 provided for in the initial appointment. 12 6. The commission shall be authorized to hold public hearings and 13 meetings to enable it to accomplish its duties. 14 7. The commission may consult with any organization, educational 15 institution, other government entity or agency or person including, but 16 not limited to, the army corps of engineers, in the development of its 17 report required by subdivision 10 of this section. 18 8. The department of environmental conservation shall provide the 19 commission with such facilities, assistance and data as will enable the 20 commission to carry out its powers and duties. Additionally, all other 21 agencies of the state or subdivisions thereof may, at the request of the 22 chairperson, provide the commission with such facilities, assistance, 23 and data as will enable the commission to carry out its powers and 24 duties. 25 9. The purpose of the New York seawall study commission shall be to 26 identify the feasibility, costs, impacts, and best locations for 27 construction of a seawall or sea gate to protect the city of New York 28 from sea level rise and storm surge along the entire coastline. 29 10. No later than December 31, 2020, the commission shall transmit to 30 the governor, the temporary president of the senate and the speaker of 31 the assembly a report containing the following: 32 (a) coastal areas at greatest risk from sea level rise based on 33 projections established pursuant to section 3-0319 of the environmental 34 conservation law; 35 (b) areas at risk from storm surge based on current sea levels; 36 (c) areas that are more likely to be at risk from coastal hazards 37 including rising groundwater levels, saltwater intrusion, coastal flood- 38 ing, and extreme weather events including coastal storms, with such 39 projections extending through year 2100; 40 (d) the locations for construction of a seawall or sea gate; 41 (e) the costs of such construction of a seawall or sea gate; and 42 (f) recommendations on state and local regulatory and/or statutory 43 alterations. 44 § 2. This act shall take effect immediately and shall expire and be 45 deemed repealed January 1, 2021.