New York Community Risk and Resiliency Act (S06617B)
New York Governor Andrew M. Cuomo signed into law the Community Risk and Resiliency Act (CRRA) on September 22, 2014 to strengthen New York State’s preparedness for the effects of climate change, and help protect communities against severe weather and sea level rise. The legislation requires that for certain state permitting and funding programs, applicants must consider impacts of extreme weather such as storm surge, sea level rise and flooding. The Act advances a number of important recommendations of the NYS 2100 Commission, which the Governor convened after Superstorm Sandy to develop more resilient infrastructure systems across the state.
New York's Community Risk and Resiliency Act is the only legislation in the nation to require that climate impacts be a part of the planning, permitting and funding process - and not just in the state's coastal areas, but in all 62 counties.
The Act amends various sections of the Environmental Conservation Law, Agricultural and Markets Law, and Public Health Law to require the consideration of future climate risk. The legislation also directs the Department of State to work with the Department of Environmental Conservation to develop model climate change adaptation zoning laws for use by municipalities, and to adopt regulations establishing science-based state sea level rise projections.
As one of the first steps in implementing the CRRA, the New York State Department of Environmental Conservation (DEC) finalized regulations in early 2017 that establish statewide sea-level rise projections for use in the consideration of permits and other decisionmaking processes specified under CRRA. The regulations were developed using data from the state's ClimAID study and include five projections ranging from low to high levels of sea-level rise for each of three distinct coastal regions (Mid-Hudson, New York City/Lower Hudson, and Long Island). Projections are developed for four timescales: 2020s, 2050s, 2080s, and 2100. DEC will be responsible for updating these projections every five years.
The CRRA also requires the development of implementation guidance detailing how to incorporate these projections into agency review procedures and application requirements for programs that are covered by the CRRA. As of February 2017, DEC is nearing completion of State Flood Risk Management Guidance, which will inform other state agencies as they develop program-specific guidance on how to utilize these projections in permitting and other decisionmaking processes.
Specifically, the law requires consideration of future climate change risk in the following statutory provisions or subject areas:
- State funding for agricultural land protection (Agric. & Markets § 325);
- Smart growth public infrastructure criteria (ECL Art. 6);
- Petroleum bulk storage requirements (ECL Art. 17, title 10);
- Water pollution revolving loan fund (ECL Art. 17, title 19);
- Oil and gas well permits (ECL Art. 23, title 3);
- Siting of hazardous waste facilities (ECL Art. 27, title 11);
- Bulk storage of hazardous substances (ECL Art. 40);
- Land acquisition for preservation of open space; recreation; and natural, cultural and historic resources (ECL Art. 49, title 2andArt. 54, title 3);
- State assistance for closure of non-hazardous municipal landfills (ECL Art. 54, title 5);
- State assistance for local waterfront revitalization programs and coastal rehabilitation projects (ECL Art. 54 title 11);
- Uniform procedures for major permits (ECL Art. 70); and
- Drinking water revolving fund (Public Health Law Art. 11, Title 4);
Publication Date: September 22, 2014
- State of New York
- New York State Department of Environmental Conservation (DEC)