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S T A T E O F N E W Y O R K
________________________________________________________________________
7881
2025-2026 Regular Sessions
I N A S S E M B L Y
April 11, 2025
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Introduced by M. of A. OTIS -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
requiring the department of environmental conservation, after consul-
tation with the environmental facilities corporation and department of
state, to submit an annual agency stormwater expenditure report
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Sections 16-0101 through 16-0119 of article 16 of the
2 environmental conservation law are designated title 1, and a new title
3 heading is added to read as follows:
4 STATE PARTICIPATION IN FEDERAL FLOOD CONTROL PROGRAM
5 § 2. Article 16 of the environmental conservation law is amended by
6 adding a new title 3 to read as follows:
7 TITLE 3
8 STATE STORMWATER FLOOD CONTROL
9 SECTION 16-0301. AGENCY STORMWATER EXPENDITURE REPORTING.
10 § 16-0301. AGENCY STORMWATER EXPENDITURE REPORTING.
11 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
12 SHALL HAVE THE FOLLOWING MEANINGS:
13 (A) "AGENCY" MEANS ANY DEPARTMENT, BOARD, BUREAU, COMMISSION, DIVI-
14 SION, OFFICE, OR COMMITTEE OF THE STATE, OR STATE AUTHORITY.
15 (B) "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC BENEFIT
16 CORPORATION CREATED BY OR EXISTING UNDER THE PUBLIC AUTHORITIES LAW, OR
17 ANY OTHER LAW OF THE STATE OF NEW YORK, WITH ONE OR MORE OF ITS MEMBERS
18 APPOINTED BY THE GOVERNOR OR WHO SERVE AS MEMBERS BY VIRTUE OF HOLDING A
19 CIVIL OFFICE OF THE STATE, OTHER THAN AN INTERSTATE OR INTERNATIONAL
20 AUTHORITY OR PUBLIC BENEFIT CORPORATION, INCLUDING SUBSIDIARIES OF SUCH
21 PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05209-01-5
A. 7881 2
1 (C) "STORMWATER FUNDING" MEANS ALL SPENDING BY THE STATE ON WATER
2 INFRASTRUCTURE PROJECTS INTENDED TO REDUCE OR MITIGATE FLOODING IN THE
3 STATE.
4 2. ANNUAL AGENCY STORMWATER EXPENDITURE REPORT. THE DEPARTMENT, AFTER
5 CONSULTATION WITH THE ENVIRONMENTAL FACILITIES CORPORATION, THE DEPART-
6 MENT OF STATE, AND ANY OTHER APPLICABLE AGENCY OR STATE AUTHORITY, SHALL
7 SUBMIT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
8 ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER OF
9 THE ASSEMBLY, AS EARLY AS PRACTICABLE, BUT NO LATER THAN THE FIRST OF
10 JULY OF THE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, AN ANNUAL
11 AGENCY STORMWATER EXPENDITURE REPORT. SUCH REPORT SHALL CONTAIN A
12 COMPREHENSIVE ESTIMATE AND SUMMARY OF STORMWATER FUNDING UNDER THE
13 DEPARTMENT, THE ENVIRONMENTAL FACILITIES CORPORATION, THE DEPARTMENT OF
14 STATE AND OTHER APPLICABLE AGENCIES OR STATE AUTHORITIES, INCLUDING, AT
15 MINIMUM:
16 (A) AMOUNTS SPENT IN THE PRIOR FISCAL YEAR; AND
17 (B) RECOMMENDATIONS REGARDING FUTURE STORMWATER FUNDING. RECOMMENDA-
18 TIONS SHALL:
19 (I) BE BASED ON AN ANALYSIS WHICH TAKES INTO CONSIDERATION A VARIETY
20 OF FACTORS INCLUDING, BUT NOT LIMITED TO, PROJECT TYPE, SOURCE OF FUNDS,
21 WATERSHEDS OF PARTICULAR CONCERN, BENEFIT-COST RATIOS, PRIORITIZATION OF
22 NATURE-BASED SOLUTIONS WHERE SUITABLE, PROJECT PIPELINE, AND RECOMMENDA-
23 TIONS OF THE UPSTATE FLOOD MITIGATION TASK FORCE AND OTHER RELEVANT
24 INITIATIVES; AND
25 (II) IDENTIFY ANY PROGRAMMATIC OR ADMINISTRATIVE CHALLENGES, ESTABLISH
26 STATE-WIDE OBJECTIVES FOR STORMWATER INFRASTRUCTURE IMPROVEMENTS, AND
27 ESTIMATE WHAT FUTURE FUNDING INCREASES MAY BE NECESSARY TO MEET SUCH
28 OBJECTIVES, WITH RELEVANT DETAIL.
29 § 3. This act shall take effect on the first of February next succeed-
30 ing the year in which it shall have become a law.