A02583 Summary:

BILL NOA02583A
 
SAME ASSAME AS UNI. S00871-A
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSR
 
Add Art 25 Title 5 SS25-0501 - 25-0509, En Con L
 
Provides for local tidal wetlands protection; authorizes that if a town, village, city or county does not possess the technical capacity or the procedures effectively to carry out the requirements of this title, such local function shall be transferred to the county or the department thereof; provides for exemptions from local implementation under this title those tidal wetlands which, by reason of their size or special characteristics of unique environmental value or by reason of common characteristics, are appropriately to be administered pursuant to this article by the department alone; makes related provisions.
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A02583 Actions:

BILL NOA02583A
 
01/21/2009referred to environmental conservation
01/06/2010referred to environmental conservation
01/29/2010amend and recommit to environmental conservation
01/29/2010print number 2583a
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A02583 Floor Votes:

There are no votes for this bill in this legislative session.
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A02583 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 871--A                                             A. 2583--A
 
                               2009-2010 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 21, 2009
                                       ___________
 
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Environmental
          Conservation  -- recommitted to the Committee on Environmental Conser-
          vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  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 Environmental Conservation -- recommitted  to  the
          Committee  on  Environmental  Conservation in accordance with Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the environmental conservation law, in relation to local
          tidal wetlands protection
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Article 25 of the environmental conservation law is amended
     2  by adding a new title 5 to read as follows:
     3                                   TITLE 5

     4                            LOCAL IMPLEMENTATION
     5  Section 25-0501. Local tidal wetlands protection procedures.
     6          25-0503. Transfer of function to county; supersession by depart-
     7                     ment.
     8          25-0505. Exemption from local implementation.
     9          25-0507. Reservation of local jurisdiction.
    10          25-0509. Relationship to other laws.
    11  § 25-0501. Local tidal wetlands protection procedures.
    12    1. On or after September 1, 2010, each  local  government  may  adopt,
    13  amend,  and,  upon  the  filing  of  the appropriate tidal wetlands map,
    14  implement a tidal wetlands protection law  or  ordinance  in  accordance
    15  with  this  article  to  be  applicable  to all tidal wetlands wholly or
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05123-02-0

        S. 871--A                           2                         A. 2583--A
 
     1  partially within its jurisdiction. No tidal wetlands protection  law  or
     2  ordinance adopted by a county pursuant to this section shall be applica-
     3  ble within the boundaries of any city, town or village which has adopted
     4  and  is  implementing a local tidal wetlands protection law or ordinance
     5  consistent with this article.
     6    2. Such tidal wetlands protection law or ordinance may be in such form
     7  and with such procedures prescribed as may be determined  by  the  local

     8  government  adopting  the  same,  or it may set forth the procedures and
     9  concepts contained in this article; provided,  however,  that  no  local
    10  tidal  wetlands protection law or ordinance enacted pursuant to subdivi-
    11  sion one of this section shall be less protective of tidal  wetlands  or
    12  effectiveness of administrative and judicial review, than the procedures
    13  set  forth in this article, nor shall such local law or ordinance affect
    14  the activities exempted from permit by section 25-0401 of this article.
    15    3. Adoption by a local government, pursuant  to  this  article,  of  a
    16  local  tidal  wetlands  protection  law or ordinance by reference to the
    17  procedures and concepts set forth in this section shall be sufficient if

    18  reference is made to the procedures and concepts of  this  article  with
    19  exceptions,   additions,   and  modifications  thereto  noted;  and  the
    20  adoption, once effected, shall include subsequent  statutory  amendments
    21  to this article as aforesaid; subject, again, to exception, addition, or
    22  modification  by such municipality, without time limitation. At any time
    23  after a local adoption of the procedures contained in  this  article,  a
    24  local government subject to this section may rescind its adoption there-
    25  of  and simultaneously adopt a local tidal wetlands protection procedure
    26  in accordance with subdivisions 1 and 2 of this section.
    27    4. If a city, town or village fails to adopt  and  implement  a  tidal

    28  wetlands  protection law or ordinance in accordance with this article by
    29  the date the applicable tidal wetlands map is filed by  the  department,
    30  it  shall  be  deemed  to have transferred the function to the county in
    31  accordance with section 25-0503 of this title. If the county fails with-
    32  in ninety days after the date of filing of the applicable tidal wetlands
    33  map or by September 1, 2010, whichever is later, to adopt and  implement
    34  a  tidal  wetlands  protection  law or ordinance in accordance with this
    35  article, it shall be deemed to have  transferred  the  function  to  the
    36  department.  Within  thirty  days after the adoption of a tidal wetlands
    37  protection law or ordinance pursuant to this article, the local  govern-

    38  ment  shall  notify  the department thereof, under such terms and condi-
    39  tions as the department may prescribe, together with its  technical  and
    40  administrative  capacity  to  administer  the  act.  Failure  of a local
    41  government to give such notice shall constitute a transfer  of  function
    42  pursuant to this subdivision and section 25-0503 of this title.
    43    5.  A  local government or the department shall have the right, in its
    44  regulation of tidal wetlands within its  jurisdiction,  to  charge  such
    45  fees and expenses to an applicant for official action as shall enable it
    46  to recover the costs incurred by reason of such application.
    47    6.  Any  local  government  which  defaults or transfers its authority

    48  pursuant to subdivision four of this section or section 25-0503 of  this
    49  title,  may recover such authority at any time by adopting a local tidal
    50  wetland protection local law or ordinance consistent with  this  article
    51  and notifying the county and the department of the adoption. Such notice
    52  shall  be given by certified mail within ten days of the adoption there-
    53  of. Such local law or ordinance shall not become effective in less  than
    54  sixty nor more than one hundred days from the adoption thereof.

        S. 871--A                           3                         A. 2583--A
 
     1    7. The technical services of the department shall be made available to
     2  municipalities,  on  a fee basis, in the implementation of the procedure

     3  set forth in this section.
     4  § 25-0503. Transfer of function to county; supersession by department.
     5    1.  In the event that a town, village, city or county shall certify in
     6  writing, as provided in this section, that it does not possess the tech-
     7  nical capacity or the procedures to effectively carry out  the  require-
     8  ments  of  this  title,  such local function shall be transferred to the
     9  county or the department, as the case may be. The certification  of  the
    10  town,  village or city shall be by certified mail to the chief executive
    11  officer of the county, or, in the case of a county, to the commissioner.
    12    2. In the event that the commissioner shall find that a local  govern-

    13  ment  does  not possess the technical capacity or the implemented proce-
    14  dures to effectively carry out the requirements of this title, and  that
    15  his  or  her failure to act will entail a default, or the potential of a
    16  default, in tidal wetlands regulation, the  commissioner  may  supersede
    17  the  local  government  and  order, alternatively, either that the local
    18  function be transferred to the county, or  that  the  department  itself
    19  undertake  the  local function, all to the extent necessary to carry out
    20  the purposes of this article. The supersession of the  local  government
    21  shall  be  by  order of the commissioner sent, by certified mail, to the
    22  chief executive officer of the local government involved.

    23    3. In the event of transfer or supersession under subdivision 1  or  2
    24  of  this section, subsequent proceedings shall be in accordance with the
    25  further requirements of this article.
    26  § 25-0505. Exemption from local implementation.
    27    The commissioner, by rule, may exempt from local implementation  under
    28  this  title  those  tidal  wetlands  which,  by  reason of their size or
    29  special characteristics of unique environmental value or  by  reason  of
    30  common characteristics, are appropriately to be administered pursuant to
    31  this  article by the department alone. Such rule, based upon findings of
    32  fact made after public hearing, may relate to classes of wetlands  based
    33  on  size  or  particular  characteristics, or to particular wetlands the

    34  characteristics of which make  them  subject  to  the  exercise  of  the
    35  commissioner's  discretion  pursuant  to  this section. The commissioner
    36  shall make an order to such effect in each  such  instance  and  send  a
    37  certified copy thereof to the executive officer of each local government
    38  affected  thereby  within  ten days of his or her signing the same; such
    39  order shall not take effect until forty days after such signing.
    40  § 25-0507. Reservation of local jurisdiction.
    41    Except as provided in this article, jurisdiction over all areas  which
    42  would qualify as tidal wetlands is reserved to the city, town or village
    43  in which they are wholly or partially located, and the implementation of

    44  this  article  with  respect thereto is the responsibility of such city,
    45  town or village, in accordance with section 25-0501 of  this  title  and
    46  title  23  of  article  71  of this chapter, except that a city, town or
    47  village in the exercise of its powers under this section, shall  not  be
    48  subject  to the provisions of subdivision 4 of section 25-0501, subdivi-
    49  sions 2 and 3 of section 25-0503, or section 25-0505 of this title,  but
    50  shall be subject to judicial review section 25-0404 of this article.
    51  § 25-0509. Relationship to other laws.
    52    No  provision of this article shall be deemed to remove from any local
    53  government any authority pertaining to the regulation of tidal wetlands,

    54  whether such wetlands are under the jurisdiction of the department or  a
    55  county pursuant to subdivision 4 of section 25-0501 of this title, under
    56  the  county, general city, general municipal, municipal home rule, town,

        S. 871--A                           4                         A. 2583--A
 
     1  village, or any other law, provided, however, that any  such  regulation
     2  by  a local government shall be at least as protective of tidal wetlands
     3  as the regulations in effect pursuant to the provisions of this  chapter
     4  or any rule or regulation promulgated pursuant to the provisions of this
     5  article  or  pursuant  to a local tidal wetlands protection law or ordi-
     6  nance adopted by a county pursuant to the provisions of section  25-0501

     7  of this title.
     8    § 2. This act shall take effect on the one hundred eightieth day after
     9  it shall have become a law; provided, however, that effective immediate-
    10  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    11  necessary for the implementation of this act on its effective  date  are
    12  authorized  and  directed  to  be  made  and completed on or before such
    13  effective date.
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