A05488 Summary:

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.
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A05488 Memo:

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.
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A05488 Text:

                           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.
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