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Virginia HB 517 (2022): Flood Resilience and Protection

May 27, 2022

Virginia HB 517, enacted in 2022, revised the duties and organization of the Chief Resilience Officer position, which was originally codified in state law in 2020 through HB 1313. 

Resource Category: Law and Governance

 

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Overview of Selected Parishes’ Freeboard, Fill, and Open Space Rules and Projects within Louisiana’s Region Seven Watershed

May 18, 2022

As coastal erosion and the threat of major hurricanes and other flooding events continue to threaten Louisiana, parishes have begun to adopt jurisdiction-specific approaches to mitigating those risks. The establishment of freeboard requirements, no-net fill practices, and the incorporation of green stormwater infrastructure (GSI), such as open spaces and native vegetation, are three major ways to prepare for and mitigate flooding. This brief entry provides a non-exhaustive overview of some of the ways five Louisiana parishes are using these approaches: Ascension, St. Bernard, St. John the Baptist, St. Tammany, and Tangipahoa.

Resource Category: Law and Governance

 

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Florida House Bill No. 7053 (2022): An Act Relating to Statewide Flooding and Sea Level Rise Resilience

May 3, 2022

In 2022, the Florida state legislature passed House Bill 7053, codifying the Office of Resilience and position of Chief Resilience Officer, which were first created by Executive Order in 2019. The purpose of the Office is to review all flood resilience and mitigation activities in the state and coordinate flood resilience and mitigation efforts with federal, state, and local governmental entities. The bill also provides for the duties of the CRO, who is appointed by the governor and leads the Office of Resilience. 

Resource Category: Law and Governance

 

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North Carolina Executive Order No. 246: North Carolina’s Transformation to a Clean, Equitable Economy

January 7, 2022

On January 7, 2022, North Carolina's Governor Roy Cooper signed Executive Order (EO) No. 246 entitled, "North Carolina’s Transformation to a Clean, Equitable Economy. " EO 246 calls for the state to take several actions related to climate change to improve the health and well-being of North Carolina's residents, prioritize and advance environmental justice and equity, engage with stakeholders and incorporate public input into decisionmaking processes, increase awareness about the health impacts of climate change including the disproportionate effects on underserved communities, and build a diverse workforce that is prepared to address climate change.

Resource Category: Law and Governance

 

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Borough of Avalon, New Jersey: Flood Damage Prevention Ordinance

2022

The Borough of Avalon, New Jersey updated their Floodplain Ordinance in 2022 by passing Ord. No. 849-2022, incorporating expanded areas subject to regulation and heightened standards designed to better ensure flood protection of structures. 

 

Resource Category: Law and Governance

 

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Burlingame Municipal Code Title 25 - Public Access, Flood, and Sea Level Rise Performance Guidelines

December 6, 2021

In December 2021, the City of Burlingame, California, passed Title 25 into its zoning ordinance, creating guidelines and development performance standards for ensuring public access and resilience to flooding and sea-level rise. These standards include minimum buffer zones, shoreline building and infrastructure elevation requirements, drainage standards, and real estate disclosure requirements.

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Federal Sustainability Plan

December 2021

Accompanying the issuance of Executive Order 14057 was the release of the Federal Sustainability Plan. The Federal Sustainability Plan includes goals related to both “Climate Resilient Infrastructure and Operations” and goals intended to “Advance Environmental Justice and Equity. ” As far as building climate resilient infrastructure and operations, the plan intends to “routinely assess climate vulnerabilities and risks;”  “modernize Federal policy, programs, operations, and infrastructure to support climate resilient investment;” and “establish the Climate Adaptation and Resilience Federal Leaders Working Group.

Resource Category: Law and Governance

 

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Executive Order 14057 (Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability)

December 2021

In December 2021, President Biden signed Executive Order 14057 (Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability) to address, among other things, climate change mitigation as well as several key points related to adaptation, resilience, equity, and environmental justice. EO 14057 deals with these issues through establishing several new positions and groups. It then calls on these new groups, as well as existing ones within the federal government, to put a greater emphasis on resilience and environmental justice in the infrastructure and operations spheres.

Resource Category: Law and Governance

 

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The Infrastructure Investment and Jobs Act

November 15, 2021

The bipartisan Infrastructure Investment and Jobs Act (IIJA) (H. R. 3684, also known as the Bipartisan Infrastructure Law) was signed into law on November 15, 2021. It includes historic levels of investment for infrastructure — $550 billion in new spending over five years and $650 billion for existing programs, totaling $1. 2 trillion. IIJA includes numerous standalone acts, including the Surface Transportation Investment Act of 2021, the Surface Transportation Reauthorization Act of 2021, the Drinking Water and Wastewater Infrastructure Act of 2021, the Wildland Fire Mitigation and Management Commission Act of 2021, the Repairing Existing Public Land by Adding Necessary Trees (REPLANT) Act, and the Infrastructure Investments and Jobs Appropriations Act.

Resource Category: Law and Governance

 

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New York City Intro. 1600-2019: A Local Law to Amend the Administrative Code of the City of New York, in Relation to the Creation of a Citywide Climate Adaptation Plan

October 7, 2021

In October 2021, the City of New York passed a new law that requires the city to prepare a citywide adaptation plan by September 30, 2022 that covers all five of the city's boroughs. The plan must evaluate climate hazards, including extreme storms, sea-level rise, tidal flooding, extreme heat, extreme precipitation, extreme wind, wildfires, and "flooding surge events associated with a storm." In addition, the city must include recommendations to help increase local resilience and adapt development and infrastructure to climate hazards. Notably, Intro. 1600-2019 has a specific focus on equity. Specifically, in the plan, the city is required to "identify areas that are highly vulnerable to climate hazards to help determine where resiliency and adaptation measures should first be implemented" and "consider the potential impact on environmental justice areas."

Resource Category: Law and Governance

 

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