BILL NO A05488
SAME AS No same as
SPONSOR Englebright (MS)
COSPNSR Thiele
MLTSPNSR
Amd S57-0107, En Con L
Relates to the definition of the term "development" for purposes of the Long
Island Pine Barrens maritime reserve act.
BILL NUMBER:A5488
TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the definition of the term "development" for purposes of
the Long Island Pine Barrens maritime reserve act
PURPOSE OR GENERAL IDEA OF THE BILL: To clarify "public improvement"
as it constitutes the non development exemption granted by section
57-0107(13) of the Long Island Pine Barrens maritime reserve act
SUMMARY OF PROVISIONS: Amends S57-0107(13)(i) to read: (i) in the
compatible growth area, public infrastructure improvements which are
undertaken, owned and operated by the state, a municipality, or a
public corporation and are located on property belonging to the state,
a municipality, or a public corporation for the health or safety or
welfare of the public. Such public improvements shall be consistent
with the goals and objectives of this article, and shall include, but
not be limited to, maintenance of an existing road or railroad track;
Adds S57-0107(13)(xvi) to read: (xvi) maintenance of an existing road
or railroad track or other existing publicly owned infrastructure,
excluding expansions and additions, provided that such action shall be
consistent with the goals and objectives of this article.
EXISTING LAW: The Act presently states that public improvements for
health, safety and welfare of the public are deemed non development
and thus exempt Recent case law has intimated that the term as written
may be interpreted so that projects that would produce economic
development could be covered by the "public improvement" exemption.
JUSTIFICATION: The Pine Barrens Maritime Preserve Act was enacted in
1990 and represented the culmination of negotiations by the public and
private sectors who agreed that the area on eastern Long Island known
as the Pine Barrens was of critical importance to the region not only
for its unique ecological significance but also as a critical recharge
area of Long Island's sole source aquafier. The Act recognized the
need for government to continue to carry on its public works functions
to insure health and safety and, therefore, extended an exemption for
that limited purpose. This amendment clarifies that intent
LEGISLATIVE HISTORY: 2007-08 A11465 referred to environmental
conservation 2009-10 A5515 referred to environmental conservation
2011-12 A4617 environmental conservation
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
S T A T E O F N E W Y O R K
________________________________________________________________________
5488
2013-2014 Regular Sessions
I N A S S E M B L Y
February 28, 2013
___________
Introduced by M. of A. ENGLEBRIGHT, THIELE -- read once and referred to
the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
definition of the term "development" for purposes of the Long Island
Pine Barrens maritime reserve act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subparagraphs (i), (xiv) and (xv) of the second undesig-
2 nated paragraph of subdivision 13 of section 57-0107 of the environ-
3 mental conservation law, subparagraph (i) as amended by chapter 289 of
4 the laws of 2006 and subparagraph (xiv) as amended and subparagraph (xv)
5 as added by chapter 448 of the laws of 2005, are amended and a new
6 subparagraph (xvi) is added to read as follows:
7 (i) IN THE COMPATIBLE GROWTH AREA, public INFRASTRUCTURE improvements
8 WHICH ARE undertaken, OWNED AND OPERATED BY THE STATE, A MUNICIPALITY,
9 OR A PUBLIC CORPORATION AND ARE LOCATED ON PROPERTY BELONGING TO THE
10 STATE, A MUNICIPALITY, OR A PUBLIC CORPORATION for the health[,] OR
11 safety [or welfare] of the public. Such public improvements shall be
12 consistent with the goals and objectives of this title[, and shall
13 include, but not be limited to, maintenance of an existing road or rail-
14 road track];
15 (xiv) in the compatible growth area, renovations, reconstructions,
16 additions or extensions to existing commercial or industrial uses
17 providing the addition or extension conforms to the uses permitted in
18 the zoning district in which said parcel is located and which does not
19 increase existing square footage by more than twenty-five percent; [or]
20 (xv) in the core preservation area, the state or public corporation
21 projects on parcels identified in the comprehensive land use plan
22 adopted by the commission in June of nineteen hundred ninety-five, as
23 amended on February twenty-first, two thousand one and October twenti-
24 eth, two thousand four[.]; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09237-01-3
A. 5488 2
1 (XVI) MAINTENANCE OF AN EXISTING ROAD OR RAILROAD TRACK OR OTHER
2 EXISTING PUBLICLY OWNED INFRASTRUCTURE, EXCLUDING EXPANSIONS AND ADDI-
3 TIONS, PROVIDED THAT SUCH ACTION SHALL BE CONSISTENT WITH THE GOALS AND
4 OBJECTIVES OF THIS TITLE.
5 S 2. This act shall take effect immediately.
