N.Y. Environmental Conservation Law § 54-1523: Climate adaptation and mitigation projects

§ 54-1523. Climate adaptation and mitigation projects.

1. The commissioner is authorized to provide on a competitive basis,

within amounts appropriated, state assistance payments to a municipality

toward the cost of any climate adaptation or mitigation projects. Such

projects shall include:

a. the construction of natural resiliency measures, conservation or

restoration of riparian areas and tidal marsh migration areas;

b. nature-based solutions such as wetland protections, including

mapping and restoration of freshwater wetlands, to address physical

climate risk due to sea level rise, and/or storm surges and/or flooding,

based on available data predicting the likelihood of future extreme

weather events, including hazard risk analysis data if applicable;

c. relocation or retrofit of facilities to address physical climate

risk due to sea level rise, and/or storm surges and/or flooding based on

available data predicting the likelihood of future extreme weather

events, including hazard risk analysis data if applicable;

d. flood risk reduction;

e. greenhouse gas emission reductions outside the power sector;

f. enabling communities to become certified under the climate smart

communities program, including by developing natural resources

inventories, right sizing of municipal fleets and developing climate

adaptation strategies;

g. climate change adaptation planning and supporting studies,

including but not limited to vulnerability assessment and risk analysis

of municipal drinking water, wastewater, and transportation

infrastructure;

h. to establish and implement easily-replicated renewable energy

projects, including solar arrays, heat pumps and wind turbines in public

low-income housing in suburban, urban and rural areas; and

i. land acquisition, including but not limited to flood mitigation and

coastal riparian resiliency; provided, however, no monies shall be

expended for acquisition by eminent domain.

2. To the fullest extent practicable, it is the policy of the state to

promote an equitable regional distribution of climate adaptation and

mitigation projects, consistent with the purpose of this title, taking

into account regional differences in climate change risks, socioeconomic

conditions and ecological resources.