Ensure that climate risk has been considered before entering into an agreement for the maintenance and operation of open space land conservation projects.

Statutory Language: 

CRRA § 7: “Paragraph a of subdivision 2 of section 54-0303 of the environmental conservation law, as added by chapter 610 of the laws of 1993 and as designated by chapter 170 of the laws of 1994, is amended to read as follows:

a. The commissioner of the office of parks, recreation  and  historic preservation  may enter into an agreement for the maintenance and operation of open space land conservation projects in urban areas  or  metropolitan park projects by a municipality, or a not-for-profit corporation or  unincorporated  association which demonstrates to the commissioner's satisfaction that [it] the future 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, has been considered  and  the municipality, not-for-profit  corporation or unincorporated association is financially or otherwise capable of operating  and  maintaining the project for the benefit of the public and of maximizing public access to such project. Any such agreement shall contain such provisions as shall be necessary to ensure that its operation and maintenance are consistent with and in furtherance of this article and shall be subject to  the approval of the director of the budget, the comptroller and, as to form, the attorney general."