New York Environmental Conservation Code § 54-1523

Climate adaptation and mitigation projects
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§ 54-1523. Climate adaptation and mitigation projects.\n  1. The commissioner is authorized to provide on a competitive basis,\nwithin amounts appropriated, state assistance payments to a municipality\ntoward the cost of any climate adaptation or mitigation projects. Such\nprojects shall include:\n  a. the construction of natural resiliency measures, conservation or\nrestoration of riparian areas and tidal marsh migration areas;\n  b. nature-based solutions such as wetland protections, including\nmapping and restoration of freshwater wetlands, to address physical\nclimate risk due to sea level rise, and/or storm surges and/or flooding,\nbased on available data predicting the likelihood of future extreme\nweather events, including hazard risk analysis data if applicable;\n  c. relocation or retrofit of facilities to address physical climate\nrisk due to sea level rise, and/or storm surges and/or flooding based on\navailable data predicting the likelihood of future extreme weather\nevents, including hazard risk analysis data if applicable;\n  d. flood risk reduction;\n  e. greenhouse gas emission reductions outside the power sector;\n  f. enabling communities to become certified under the climate smart\ncommunities program, including by developing natural resources\ninventories, right sizing of municipal fleets and developing climate\nadaptation strategies;\n  g. climate change adaptation planning and supporting studies,\nincluding but not limited to vulnerability assessment and risk analysis\nof municipal drinking water, wastewater, and transportation\ninfrastructure;\n  h. to establish and implement easily-replicated renewable energy\nprojects, including solar arrays, heat pumps and wind turbines in public\nlow-income housing in suburban, urban and rural areas; and\n  i. land acquisition, including but not limited to flood mitigation and\ncoastal riparian resiliency; provided, however, no monies shall be\nexpended for acquisition by eminent domain.\n  2. To the fullest extent practicable, it is the policy of the state to\npromote an equitable regional distribution of climate adaptation and\nmitigation projects, consistent with the purpose of this title, taking\ninto account regional differences in climate change risks, socioeconomic\nconditions and ecological resources.\n

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