senate Bill S230

Adds national estuary implementation projects as projects eligible for state funding pursuant to the environmental protection fund

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2009
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 06 / Jan / 2010
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

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Bill Details

See Assembly Version of this Bill:
A333
Versions:
S230
Legislative Cycle:
2009-2010
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law

Sponsor Memo

BILL NUMBER: S230

TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
adding national estuary implementation projects as projects eligible
for state funding pursuant to the environmental protection fund


PURPOSE :

The purpose of this legislation is to make state funding from the
Environmental Protection Fund available for projects which would
implement water quality improvement projects pursuant to an approved
action or comprehensive conservation and management plan under the
National Estuary Program.

SUMMARY OF PROVISIONS :

Adds §54-1104 of the ECL which defines a national estuary
implementation project.

Adds §54- 1005 of the ECL to provide that national estuary
implementation projects would be eligible for Environmental Protection
Fund money.

Amends §54-1107 of the ECL adding a new subdivision 2 relating to the
application process for national estuary implementation projects under
the Environmental Protection Fund.

Amends §54-1109 of the ECL in relation to contracts for state
assistance for national estuary implementation projects under the
Environmental Protection Fund.

Amends §54-1111 of the ECL by adding a new subdivision 2 to permit the
state to directly undertake national estuary implementation projects
using Environmental Protection fund money.

JUSTIFICATION :

The Environmental Protection Fund was recently instituted by the state
Legislature to provide an annual source of reliable funding to
undertake projects to protect the environment. Under current law,
funds can be utilized for open space preservation, landfill closures,
waste reduction and recycling, waterfront revitalization, parks and
historic preservation projects, coastal rehabilitation, and nonprint
source pollution abatement.

As currently written, the EPF would not legally be able to provide
funding for the full range of projects that might be undertaken to
improve water quality under the National Estuary Program. Currently,
three New York State estuaries are in the program, including Long
Island Sound, Peconic Bay, and New York Harbor/New York Bight. For
example, brown tide research or upgrades to sewage treatment plants
would not qualify unless pursuant to a waterfront revitalization plan.
This legislation would give NEP plans the same status for funding as
waterfront revitalization.

Because the state is the sponsor and a participant in all the NEP
programs, it should be able to utilize its own EPF to implement these
NEP plans. This legislation would insure that this is the case.

LEGISLATIVE HISTORY :

2007-08, S.661; 2005-06, S.1337; 2003-04, S.756-A; 2001-02, S.2078;
1999-00, S1623-A; 1997-98, S.1377; 1995-96, S.6015
FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE :
This act shall take effect on the first of April next succeeding the
date on which it shall have become a law.
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