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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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