S03611 Summary:

BILL NOS03611
 
SAME ASSAME AS A04741
 
SPONSORLAVALLE
 
COSPNSRMARCELLINO
 
MLTSPNSR
 
Amd S3-0301, En Con L; amd S75, Pub Lds L
 
Establishes certain procedures for environmental review of leases, easements, permits and conveyances of other interests in state-owned lands underwater over one mile from shore for commercial use of structures, platforms or moorings.
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S03611 Actions:

BILL NOS03611
 
03/25/2009REFERRED TO ENVIRONMENTAL CONSERVATION
01/06/2010REFERRED TO ENVIRONMENTAL CONSERVATION
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S03611 Floor Votes:

There are no votes for this bill in this legislative session.
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S03611 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3611
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                     March 25, 2009
                                       ___________
 
        Introduced by Sens. LAVALLE, MARCELLINO -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Environmental
          Conservation
 
        AN  ACT to amend the environmental conservation law and the public lands
          law, in relation to leases,  easements,  permits  and  conveyances  of

          other interests for certain state-owned lands underwater
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision  1  of  section  3-0301  of  the  environmental
     2  conservation  law  is  amended  by  adding a new paragraph ee to read as
     3  follows:
     4    ee. Provide advice and recommendations, pursuant to subparagraph (iii)
     5  of paragraph (d) of subdivision seven of  section  seventy-five  of  the
     6  public  lands law, to the commissioner of general services regarding the
     7  lease, easement, permit or other conveyance of interest  of  state-owned
     8  lands underwater to protect the environment and natural resources;
     9    §  2. Paragraph (d) of subdivision 7 of section 75 of the public lands

    10  law, as added by chapter 791 of the laws of 1992, is amended to read  as
    11  follows:
    12    (d)  (i) The commissioner of environmental conservation and the secre-
    13  tary of state shall review any proposed lease, easement, permit or other
    14  interest, except for facilities in existence on June seventeenth,  nine-
    15  teen  hundred  ninety-two, and which are not the subject of an action by
    16  the attorney general for unlawful occupation of state lands under  water
    17  on  the  effective  date of this paragraph. The commissioner of environ-
    18  mental conservation shall recommend conditions to protect  the  environ-
    19  ment  and  natural  resources.    The secretary of state shall recommend
    20  conditions to maintain consistency  with  the  coastal  zone  management
    21  policies.  The  commissioner of general services shall incorporate those

    22  conditions in any lease, easement, permit or other interest, [giving due
    23  regard as well to the recommendations of the  secretary  of  state  with

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05393-01-9

        S. 3611                             2

     1  respect  to  coastal  issues,] or shall deny the proposal if the commis-
     2  sioner of  environmental  conservation,  upon  administrative  findings,
     3  determines that the environment or natural resources cannot be adequate-
     4  ly  protected.   Such lease, easement, permit, or other conveyance of an
     5  interest shall state the purpose for which it is made, and shall also be

     6  subject to all applicable federal, state and local  laws,  rules,  regu-
     7  lations and codes.
     8    (ii)  The  owner, occupier or any other person or entity (except those
     9  against whom there has been commenced on  the  effective  date  of  this
    10  paragraph  an action by the attorney general, for unlawful occupation of
    11  state lands under water) with a legal  or  beneficial  interest  in  any
    12  structure  not excepted by paragraph (b) of this subdivision and occupy-
    13  ing state lands underwater on the effective date of the rules authorized
    14  by paragraph (f) of this subdivision, as adopted pursuant to subdivision
    15  five of section two hundred two of the  state  administrative  procedure
    16  act,  shall  make  application for such lease, easement, permit or other
    17  interest within one year from that effective date.
    18    Except where timely application for such an  interest  has  been  made

    19  within  one  year  pursuant  to  this  subdivision,  the commissioner is
    20  authorized to require the term of such lease, easement, permit, or other
    21  interest to be retroactive  to  the  effective  date  of  the  rules  so
    22  adopted.  Any instrument conveying an interest in real property which is
    23  made retroactive shall include provision for  payment  of  consideration
    24  for the portion of the term which extends retroactively including, where
    25  appropriate,  interest  on  such  consideration  at  the  same rate then
    26  currently in effect and applied to judgments rendered in  the  court  of
    27  claims.
    28    (iii)  For  a lease, easement, permit, or conveyance of other interest
    29  for state-owned lands under water over one mile from shore  for  commer-
    30  cial  use of structures, platforms or moorings, not including marinas or

    31  other facilities used for the berthing and mooring of pleasure  vessels,
    32  including  rowboats  and canoes and the storage thereof and any facility
    33  that services pleasure vessels, the following shall apply:
    34    (A) The commissioner of general services  shall  prepare  an  environ-
    35  mental impact statement on the granting of such lease, easement, permit,
    36  or  other  conveyance  of  interest in accordance with the provisions of
    37  article eight of the environmental conservation law.
    38    (B) Within thirty days of receiving an  application  for  such  lease,
    39  easement,  permit,  or other conveyance of interest, the commissioner of
    40  general services shall hold public hearings in the communities  affected
    41  on the topic of the granting of such lease.

    42    (C)  The  commissioner of environmental conservation and the secretary
    43  of state shall review any proposed  lease,  easement,  permit  or  other
    44  conveyance  of  interest. The commissioner of environmental conservation
    45  shall recommend  conditions  to  protect  the  environment  and  natural
    46  resources. The secretary of state shall recommend conditions to maintain
    47  consistency with the coastal zone management policies.
    48    (D)  The commissioner of general services in deciding whether to grant
    49  such lease, easement, permit  or  other  conveyance  of  interest  shall
    50  consider the environmental impact statement and the information given at
    51  the  public  hearings. Such commissioner shall incorporate such informa-

    52  tion and the recommended conditions  pursuant  to  clause  (C)  of  this
    53  subparagraph  in  any  lease,  easement,  permit  or other conveyance of
    54  interest, or shall deny the proposal if  the  commissioner  of  environ-
    55  mental  conservation,  upon administrative findings, determines that the
    56  environment or natural resources cannot be adequately protected,  or  if

        S. 3611                             3
 
     1  the  secretary of state determines that such lease, easement, permit, or
     2  other conveyance of interest is not consistent  with  the  coastal  zone
     3  management  policies, or if the preponderance of evidence from the envi-
     4  ronmental  impact  statement and public hearings shows such lease, ease-

     5  ment, permit, or other conveyance of  interest  would  have  substantial
     6  negative  effects  upon  the  health and welfare of New York state. Such
     7  lease, easement, permit, or other conveyance of interest shall state the
     8  purpose for which it is made, and shall also be subject to all  applica-
     9  ble  federal,  state  and local laws, rules, regulations and codes.  For
    10  the purposes of this section, pleasure vessel shall have the same  mean-
    11  ing  as  set forth in paragraph (c) of subdivision six of section two of
    12  the navigation law.
    13    (iv) The commissioner shall make reasonable efforts to provide  notice
    14  to persons affected by the requirements of this section.
    15    §  3.  This  act  shall take effect on the sixtieth day after it shall
    16  have become a law.
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