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A07002 Summary:

A07002 Actions:

A07002 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A7002D
 
SPONSOR: Thiele

 
TITLE OF BILL:  An act to grant authority to the village of Sag
Harbor, county of Suffolk to regulate certain described waters bounding
said village pursuant to the navigation law
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To grant the Village of Sag Harbor jurisdiction in regulating beaches,
establishing a vessel regulation zones, and regulating vessels in
described waters which may be more than 1500 feet from shore.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1. Grants the Village of Sag Harbor, county of Suffolk the
jurisdiction to (a) to regulate beaches pursuant to Section 45-b of the
state navigation law, (b) establish a vessel regulation zone pursuant to
section 46 of the state navigation law, (c) regulate vessels pursuant to
section 46-a of the state navigation law; and (d) establish a vessel no
discharge zone, including the regulation of grey water discharges,
pursuant to subdivision 10 of Section 33-c of the Navigation Law, in the
waters within or bounding the village described as follows: Beginning at
the north end of the breakwater at 41 degrees, 00 minutes, 32.27 seconds
North and 72 degrees, 17 minutes, 40.26 seconds West, thence north east-
erly to a point marked by navigation buoy  1 at 41 degrees, 00 minutes,
42.26 seconds North and 72 degrees, 17 minutes, 31.94 seconds West, then
continuing north easterly to a point marked by navigation buoy  11 at 41
degrees, 00 seconds,50.83 seconds North and 72 degrees, 17 minutes,
21.75 seconds West, thence easterly to a point marked by navigation buoy
  9A at 41 degrees, 00 minutes, 48.90 seconds North and 72 degrees, 17
minutes, 06.65 seconds West, thence easterly to a point marked by navi-
gati on buoy   9 at 41 degrees, 00 minutes, 50.43 seconds North and 72
degrees, 16 minutes, 34.24 seconds West, said buoy coordinates marking
the south side of the navigation channel, thence easterly to a point at
Barcelona Point at 41 degrees, 00 minutes, 42.09 seconds North and 72
degrees, 15 minutes, and 51.94 seconds West, and from that point thence
along the shoreline, following the Sag Harbor Village boundary south
westerly to the point of land closest to the Village of North Haven, and
from that point due west to the Sag Harbor and North Haven Village Navi-
gation Law boundary line, equidistant in the water between the two
Villages, thence northwards from that point, following said existing
jurisdictional boundary and its direction, to the place of beginning.
The village shall possess such jurisdiction, notwithstanding that a part
of such waters may be more than fifteen hundred feet from shore.
 
Section 2. Protects the rights which the Trustees of the Freeholders and
Commonalty of the Town of East Hampton may possess now or in the future,
whether of ownership or management, concerning bottomlands within the
area described in Section 1 of this act. With respect to areas expanded
by this act that lie within the boundaries of the Town of East Hampton
that were outside of the Village of Sag Harbor's jurisdiction prior to
this act, any regulations which the Village of Sag Harbor shall enact
regarding said area shall be uniform as between residents of the Village
of Sag Harbor and the residents of the Town of East Hampton
 
Section 3. Upholds the rights or authority of the State Department of
Environmental Conservation may possess now or in the future, pursuant to
State law.
Section 4. Severability Clause
 
Section 5. Effective Date
 
 
JUSTIFICATION:
 
The Village of Sag Harbor's historic popularity as a sailing and boating
destination continues to grow every year. There has been an exponential
increase in the number and variety of transient vessels occupying the
waters surrounding the Village which has led to a greater demand for
anchoring and mooring locations.  Under current Navigation Law, beaches,
vessels and vessel regulation zones may only be regulated by a munici-
pality up to a distance of 1500 feet from the shoreline. The particular
area described in this legislation is very popular for temporary and
seasonal anchoring; however it is an unregulated mooring location
because it lies more than 1500 feet from shore. Boats, therefore, are
haphazardly moored vessels, posing a safety hazard to fellow boaters,
swimmers, and other watercraft users. This legislation is necessary to
grant jurisdiction of the described area to Village of Sag Harbor so
that a well-organized and regulated mooring field may be created to
ensure the future safety and enjoyment of Sag Harbor's waters.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New Legislation, 2015
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A07002 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 4799--D                                            A. 7002--D
 
                               2015-2016 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                     April 17, 2015
                                       ___________
 
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Local Govern-
          ment  --  committee  discharged,  bill  amended,  ordered reprinted as
          amended and recommitted  to  said  committee  --  recommitted  to  the
          Committee on Local Government in accordance with Senate Rule 6, sec. 8
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted  to  said  committee  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
 
        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
          to the Committee  on  Transportation  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- recommitted to the Committee on  Transportation  in  accordance
          with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee -- reported and  referred
          to the Committee on Rules -- Rules Committee discharged, bill amended,
          ordered reprinted as amended and recommitted to the Committee on Rules
 
        AN  ACT  to  grant  authority  to  the  village of Sag Harbor, county of
          Suffolk to regulate certain described  waters  bounding  said  village
          pursuant to the navigation law
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Notwithstanding any  provision  of  law  to  the  contrary,
     2  except  when  prohibited by reason of the laws of the United States, the
     3  state environmental conservation law or section 130 of the town law, the
     4  village of Sag Harbor, county of Suffolk is hereby granted  jurisdiction
     5  to: (a) regulate beaches pursuant to section 45-b of the navigation law;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10221-09-6
        S. 4799--D                          2                         A. 7002--D
 
     1  (b)  establish  a  vessel  regulation zone pursuant to section 46 of the
     2  navigation law; (c) regulate vessels pursuant to  section  46-a  of  the
     3  navigation  law; and (d) establish a vessel no discharge zone, including
     4  the  regulation  of grey water discharges, pursuant to subdivision 10 of
     5  section 33-c of the navigation law, in the waters within or bounding the
     6  village described as follows: Beginning at the north end of the breakwa-
     7  ter at 41 degrees, 00 minutes, 32.27 seconds North and  72  degrees,  17
     8  minutes,  40.26 seconds West, thence north easterly to a point marked by
     9  navigation buoy #1 at 41 degrees, 00 minutes, 42.26 seconds North and 72
    10  degrees, 17 minutes, 31.94 seconds West, then continuing north  easterly
    11  to  a  point  marked  by  navigation buoy #11 at 41 degrees, 00 seconds,
    12  50.83 seconds North and 72 degrees,  17  minutes,  21.75  seconds  West,
    13  thence easterly to a point marked by navigation buoy # 9A at 41 degrees,
    14  00  minutes,  48.90  seconds  North  and  72  degrees, 17 minutes, 06.65
    15  seconds West, thence easterly to a point marked by navigation buoy  #  9
    16  at  41  degrees,  00  minutes,  50.43  seconds  North and 72 degrees, 16
    17  minutes, 34.24 seconds West, said buoy  coordinates  marking  the  south
    18  side  of the navigation channel, thence easterly to a point at Barcelona
    19  Point at 41 degrees, 00 minutes, 42.09 seconds North and 72 degrees,  15
    20  minutes,  and  51.94  seconds West, and from that point thence along the
    21  shoreline, following the Sag Harbor Village boundary south  westerly  to
    22  the  point  of land closest to the Village of North Haven, and from that
    23  point due west to the Sag Harbor and North Haven Village Navigation  Law
    24  boundary line, equidistant in the water between the two Villages, thence
    25  northwards from that point, following said existing jurisdictional boun-
    26  dary  and  its  direction,  to  the place of beginning The village shall
    27  possess such jurisdiction, notwithstanding that a part  of  such  waters
    28  may be more than fifteen hundred feet from shore.
    29    §  2.  This  act shall not impair any rights which the trustees of the
    30  freeholders and commonality of the town of East Hampton may possess  now
    31  or in the future, whether of ownership or management, concerning bottom-
    32  lands  within  the  area  described  in  section one of this act. To the
    33  extent said expanded area lies within the boundaries of the town of East
    34  Hampton, and outside of the village of Sag Harbor's  jurisdiction  prior
    35  to  this  act,  any  regulations which the village shall enact regarding
    36  said area shall be uniform as between residents of the village and resi-
    37  dents of the town of East Hampton.
    38    § 3. This act shall not impair any rights or authority which the state
    39  department of environmental conservation  may  possess  now  or  in  the
    40  future, pursuant to state law.
    41    §  4.  Severability. The provisions of this act shall be severable and
    42  if any portion thereof or the applicability thereof  to  any  person  or
    43  circumstances  shall  be held invalid, the remainder of this act and the
    44  application thereof shall not be affected thereby.
    45    § 5. This act shall take effect immediately.