Community Risk And Resiliency Act (CRRA) Provisions
CRRA Summary
The Community Risk and Resiliency Act (CRRA), signed Sept. 22, 2014, ensures that certain state monies, facility-siting regulations and permits include consideration of the effects of climate risk and extreme-weather events.
The 2019 Climate Leadership and Community Protection Act (Climate Act) amended certain CRRA provisions as noted below.
CRRA includes five major provisions:
1. OFFICIAL SEA-LEVEL RISE PROJECTIONS
CRRA adds a new section to Environmental Conservation Law (ECL) that requires the Department of Environmental Conservation (DEC) to adopt science-based sea-level rise projections into regulation by January 1, 2016. In 2017, DEC adopted 6 NYCRR Part 490, Projected Sea-level Rise.
2. CONSIDERATION OF CLIMATE-RELATED HAZARDS AND IMPACTS SEA-LEVEL RISE, STORM SURGE AND FLOODING IN FACILITY SITING, PERMITTING AND FUNDING
As originally enacted, CRRA amends the ECL, Agriculture and Markets Law, and Public Health Law to require applicants for permits or funding in a number of specified programs to demonstrate that future physical climate risk due to sea-level rise, storm surge and flooding had been considered in project design, and that DEC consider incorporating these factors into certain facility-siting regulations. The Climate Act amended CRRA to include climate change risk assessments on any proposed projects and to require applicants for all major permits subject to the Uniform Procedures Act to demonstrate that future physical climate risk has been considered. The Climate Act also expanded the scope of CRRA to require consideration of all climate hazards, not only sea-level rise, storm surge and flooding, in these permit programs. In addition, DEC may require mitigation of significant climate risks to natural resources, public health, public infrastructure or services, disadvantaged communities, or private property not owned by the applicant.
Permitting programs covered in CRRA: CRRA applies to major permits issued by all permit programs regulated under the Uniform Procedures Act.
All of these permitting programs are managed by the DEC.
Facility-siting programs covered in CRRA:
- CRRA Section 4: Hazardous waste transportation, storage and distribution facility siting
- CRRA Section 9: Petroleum bulk storage (including conformity with the uniform fire prevention and building code)
- CRRA Section 5: Hazardous substance bulk storage
DEC manages all of the above facility-siting programs by regulation.
Funding programs and agencies covered in CRRA:
- CRRA Section 3: Water Pollution Control Revolving Fund (DEC, EFC)
- CRRA Section 13: Drinking Water Revolving Fund (DOH, EFC)
- CRRA Sections 6,7: Open space acquisition (DEC, Office of Parks, Recreation and Historic Preservation [OPRHP])
- CRRA Section 7: Open space project operation and maintenance agreements (OPRHP)
- CRRA Section 8: Landfill closure assistance (DEC)
- CRRA Section 11: Coastal rehabilitation project assistance (DEC)
- CRRA Section 10: Local waterfront revitalization (Department of State [DOS])
- CRRA Section 12: Agricultural and farmland protection (DAM)
CRRA required DEC, in consultation with DOS, to prepare guidance on implementation of CRRA by January 1, 2017.
While DEC is only required to adopt projections for sea-level rise, the specified facility-siting, permitting, and funding programs must also consider storm surge and flooding. Therefore, the inclusion of this language clarifies the scope of the statute to extend beyond coastal areas. The linkage to extreme weather events is particularly significant given the number of non-tidal communities in New York State that have recently experienced flooding or storm surge, or are at risk.
3. SMART GROWTH PUBLIC INFRASTRUCTURE POLICY ACT CRITERIA
CRRA amended ECL Article 6 (Smart Growth Public Infrastructure Policy Act [SGPIPA]) to add mitigation of risk due to sea-level rise, storm surge and flooding to the list of smart-growth criteria to be considered by state public-infrastructure agencies. Implementation of SGPIPA is the responsibility of each affected infrastructure agency, but as required by CRRA, DEC - in consultation with DOS, developed guidance for implementation (PDF) of CRRA.
4. MODEL LOCAL LAWS CONCERNING CLIMATE RISK
As required by CRRA, DOS, in cooperation with DEC, developed model local laws (leaves DEC's website) to increase community resilience to sea-level rise, storm surge, and flooding. These model local laws must be based on available data predicting the likelihood of extreme-weather events, including hazard-risk analysis.
5. GUIDANCE ON NATURAL RESILIENCY MEASURES
As required by CRRA, DEC, in cooperation with DOS, developed guidance on the use of natural resources and natural processes to enhance community resilience.
Natural resilience measures are actions that conserve, restore or mimic natural landforms and processes to reduce climatic risks. DEC and DOS have prepared Using Natural Measures to Reduce the Risk of Flooding (PDF) to serve as a guide to selection and planning of natural resilience measures.