Require consideration of climate risk and mitigation of significant risks in mined land reclamation permit applications.
- Date Due:
- 01/01/2020
- Responsible Entity:
- DEC
- Action:
- Require consideration of climate risk and mitigation of significant risks in mined land reclamation permit applications.
- Summary:
- Applicants seeking permits for major projects under the mined land reclamation regulatory program must demonstrate that future physical climate risk has been considered.
- Status:
- ONGOING
- Statute:
- CLCPA § 9 adds new CRRA § 17-b
§ 9. Chapter 355 of the laws of 2014, constituting the community risk 17 and resiliency act, is amended by adding two new sections 17-a and 17-b to read as follows:
§ 17-a. The department of environmental conservation shall take actions to promote adaptation and resilience, including:
(a) actions to help state agencies and other entities assess the reasonably foreseeable risks of climate change on any proposed projects, taking into account issues such as: sea level rise, tropical and extra tropical cyclones, storm surges, flooding, wind, changes in average and peak temperatures, changes in average and peak precipitation, public health impacts, and impacts on species and other natural resources.
(b) identifying the most significant climate-related risks, taking into account the probability of occurrence, the magnitude of the potential harm, and the uncertainty of the risk.
(c) measures that could mitigate significant climate-related risks, as well as a cost-benefit analysis and implementation of such measures.
§ 17-b. Major permits for the regulatory programs of subdivision three of section 70-0107 of the environmental conservation law shall require applicants to demonstrate that future physical climate risk has been considered. In reviewing such information the department may require the applicant to mitigate significant risks to public infrastructure and/or services, private property not owned by the applicant, adverse impacts on disadvantaged communities, and/or natural resources in the vicinity of the project.