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Community Risk and Resiliency Act (CRRA)

Mainstreaming Consideration of Climate Change

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CRRA Provisions

The Community Risk and Resiliency Act (CRRA) includes five major provisions:

  • Official Sea-level Rise Projections - CRRA requires the Department of Environmental Conservation (DEC) to adopt science-based sea-level rise projections into regulation.
  • Consideration of Sea-Level Rise, Storm Surge And Flooding - CRRA requires 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 have been considered, and that DEC consider incorporating these factors into certain facility-siting regulations.
  • Smart Growth Public Infrastructure Policy Act Criteria - CRRA adds 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.
  • Guidance on Natural Resiliency Measures - CRRA requires DEC, in consultation with the Department of State (DOS), to develop guidance on the use of natural resources and natural processes to enhance community resiliency.
  • Model Local Laws Concerning Climate Risk - CRRA requires DOS, in cooperation with DEC, to develop model local laws that include consideration of future risk due to sea-level rise, storm surge and/or flooding. These model local laws must be based on available data predicting the likelihood of extreme-weather events, including hazard-risk analysis.

CRRA requires DEC, in consultation with DOS, to prepare guidance on implementation of the statute.

Implementation Status

DEC has completed a summary of observed and projected climate change in New York:

DEC has adopted a new 6 NYCRR Part 490, Projected Sea-level Rise. The adopted projections establish projected sea-level rise for three geographic regions of the state relative to a year 2000 to year 2004 baseline and are summarized in following table. Consult the express terms of the adopted regulation for definitions.

6 NYCRR Part 490, Projected Sea-level Rise. Inches of rise relative to 2000-2004 baseline.

Region Long Island New York City/Lower Hudson Mid-Hudson
Descriptor Low Low- Medium Medium High- Medium High Low Low- Medium Medium High- Medium High Low Low- Medium Medium High- Medium High
Time Interval 2020s 2 4 6 8 10 2 4 6 8 10 1 3 5 7 9
2050s 8 11 16 21 30 8 11 16 21 30 5 9 14 19 27
2080s 13 18 29 39 58 13 18 29 39 58 10 14 25 36 54
2100 15 21 34 47 72 15 22 36 50 75 11 18 32 46 71

6 NYCRR Part 490 only establishes projected sea-level rise; it has not established new standards or criteria for permit issuance or funding eligibility.

State Flood Risk Management Guidance

To meet its obligation to develop guidance for the implementation of CRRA, DEC has proposed a new document, State Flood Risk Management Guidance (SFRMG). The SFRMG is intended to inform state agencies as they develop program-specific guidance to require that applicants demonstrate consideration of sea-level rise, storm surge and flooding, as permitted by program-authorizing statutes and operating regulations. The SFRMG incorporates possible future conditions, including the greater risks of coastal flooding presented by sea-level rise and enhanced storm surge, and of inland flooding expected to result from increasingly frequent extreme-precipitation events.

DEC is also proposing new Guidance for Smart Growth Public Infrastructure Assessment. This new document is intended to guide state agencies as they assess mitigation of sea-level rise, storm surge and flooding in design of public-infrastructure projects, as required by CRRA.

DEC released both the draft State Flood Risk Management Guidance and Guidance for Smart Growth Public Infrastructure Assessment for public review in June 2018 and is currently reviewing public comments while preparing final versions of these two documents.

Agency work groups are also drafting guidance on use of natural resiliency measures, and model local laws to enhance resiliency. Drafts of these documents will be made available for public review as they are prepared by DEC and other involved state agencies.


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