NY State Senate Bill 2009-S3611

Senate Bill S3611

2009-2010 Legislative Session

Establishes certain procedures for environmental review of leases, easements, permits and conveyances of other interests in certain state-owned lands underwater

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Mar 25, 2009	referred to environmental conservation

co-Sponsors

2009-S3611 (ACTIVE) - Details

See Assembly Version of this Bill:: A4741
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §3-0301, En Con L; amd §75, Pub Lds L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3575, A3942
2013-2014: S1648, A3580
2015-2016: S2106, A3036

2009-S3611 (ACTIVE) - Summary

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.

2009-S3611 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3611

 TITLE OF BILL :
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


 PURPOSE :
This bill allows local residents to have their concerns heard on the
leasing of State underwater lands for commercial purposes.

 SUMMARY OF PROVISIONS :
The bill amends the Public Lands law to require the Secretary of State
to review underwater land leases for consistency with the State's
coastal zone management policies.

The bill creates a new subsection dealing with State owned lands over
one mile from shore that are leased for commercial use of structures,
platforms or moorings not including marinas or other facilities used
for the berthing, moving storage of and service of pleasure vessels,
rowboats and canoes. For these properties, the OGS Commissioner shall
prepare an environmental Impact Statement (EIS) on the issuance of any
lease, and hold public hearing in the localities affected by the
lease. The bill requires, before a lease is granted, the Secretary of
the State and the Commissioner of the Department of Environmental

Conservation (DEC) to review and commend conditions by for consistency
of the lease with State's coastal zone management policies and on the
protection of the environment and natural resources, respectively.

In addition, this section requires the OGS Commissioner to consider
the information gained from the EIS and public hearings in granting a
lease, and incorporate such information and recommendations from the
DEC Commissioner and the Secretary of State into any lease. The OGS
Commissioner is also granted the authority to deny the issuance of a
lease if DEC Commissioner finds that environment or natural resources
cannot be adequately protected, or if the Secretary of State finds the
lease is not consistent with the State's coastal zone management
policies, or if the preponderance of evidence from the EIS or the
public hearings shows that the lease would have substantial negative
effects upon the health and welfare of New York State.

 EXISTING LAW :
Current law, requires underwater lands leases to be reviewed by the
DEC Commissioner and she shall recommend conditions to protect the
environment and natural resources. The Secretary of State shall also
review the lease for coastal issues not for consistency with the
State's coastal zone management policies.

The current law has no requirements for environmental impact
statements or for public hearings.

Current law only allows the OGS Commissioner to deny a lease if the
DEC Commissioner in administrative findings finds that environment or
natural resources cannot be adequately protected.

 JUSTIFICATION :
Currently, major projects which require the use of the State owned
underwater bottom lands take no consideration of the local or
environmental effects. This bill allows for local input into leasing
decisions, offering communities a chance to make the Office of General
Services aware of their concerns.

The bill requires OGS to conduct and EIS on any lease. It is
imperative that OGS do an independent assessment of the effect of the
lease. The citizens of New York State deserve the chance to have an
autonomous review of the lease and its future effects on the
environment and the State's residents.

The bill also expands the reasons for which the Commissioner of OGS
may deny the issuance of a lease. This provision offers New Yorkers a
real option to stop projects and leases that are detrimental to the
State and the environment.

 LEGISLATIVE HISTORY :
S.2007-08, S.5528; S.3658-A, 2005-06.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This bill takes effect 60 days after it becomes law.

2009-S3611 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3611

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             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:

  Section 1. Subdivision  1  of  section  3-0301  of  the  environmental
conservation  law  is  amended  by  adding a new paragraph ee to read as
follows:
  EE. PROVIDE ADVICE AND RECOMMENDATIONS, PURSUANT TO SUBPARAGRAPH (III)
OF PARAGRAPH (D) OF SUBDIVISION SEVEN OF  SECTION  SEVENTY-FIVE  OF  THE
PUBLIC  LANDS LAW, TO THE COMMISSIONER OF GENERAL SERVICES REGARDING THE
LEASE, EASEMENT, PERMIT OR OTHER CONVEYANCE OF INTEREST  OF  STATE-OWNED
LANDS UNDERWATER TO PROTECT THE ENVIRONMENT AND NATURAL RESOURCES;
  S  2. Paragraph (d) of subdivision 7 of section 75 of the public lands
law, as added by chapter 791 of the laws of 1992, is amended to read  as
follows:
  (d)  (i) The commissioner of environmental conservation and the secre-
tary of state shall review any proposed lease, easement, permit or other
interest, except for facilities in existence on June seventeenth,  nine-
teen  hundred  ninety-two, and which are not the subject of an action by
the attorney general for unlawful occupation of state lands under  water
on  the  effective  date of this paragraph. The commissioner of environ-
mental conservation shall recommend conditions to protect  the  environ-
ment  and  natural  resources.    THE SECRETARY OF STATE SHALL RECOMMEND
CONDITIONS TO MAINTAIN CONSISTENCY  WITH  THE  COASTAL  ZONE  MANAGEMENT
POLICIES.  The  commissioner of general services shall incorporate those
conditions in any lease, easement, permit or other interest, [giving due
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

respect  to  coastal  issues,] or shall deny the proposal if the commis-
sioner of  environmental  conservation,  upon  administrative  findings,
determines that the environment or natural resources cannot be adequate-
ly  protected.   Such lease, easement, permit, or other conveyance of an
interest shall state the purpose for which it is made, and shall also be
subject to all applicable federal, state and local  laws,  rules,  regu-
lations and codes.
  (ii)  The  owner, occupier or any other person or entity (except those
against whom there has been commenced on  the  effective  date  of  this
paragraph  an action by the attorney general, for unlawful occupation of
state lands under water) with a legal  or  beneficial  interest  in  any
structure  not excepted by paragraph (b) of this subdivision and occupy-
ing state lands underwater on the effective date of the rules authorized
by paragraph (f) of this subdivision, as adopted pursuant to subdivision
five of section two hundred two of the  state  administrative  procedure
act,  shall  make  application for such lease, easement, permit or other
interest within one year from that effective date.
  Except where timely application for such an  interest  has  been  made
within  one  year  pursuant  to  this  subdivision,  the commissioner is
authorized to require the term of such lease, easement, permit, or other
interest to be retroactive  to  the  effective  date  of  the  rules  so
adopted.  Any instrument conveying an interest in real property which is
made retroactive shall include provision for  payment  of  consideration
for the portion of the term which extends retroactively including, where
appropriate,  interest  on  such  consideration  at  the  same rate then
currently in effect and applied to judgments rendered in  the  court  of
claims.
  (iii)  FOR  A LEASE, EASEMENT, PERMIT, OR CONVEYANCE OF OTHER INTEREST
FOR STATE-OWNED LANDS UNDER WATER OVER ONE MILE FROM SHORE  FOR  COMMER-
CIAL  USE OF STRUCTURES, PLATFORMS OR MOORINGS, NOT INCLUDING MARINAS OR
OTHER FACILITIES USED FOR THE BERTHING AND MOORING OF PLEASURE  VESSELS,
INCLUDING  ROWBOATS  AND CANOES AND THE STORAGE THEREOF AND ANY FACILITY
THAT SERVICES PLEASURE VESSELS, THE FOLLOWING SHALL APPLY:
  (A) THE COMMISSIONER OF GENERAL SERVICES  SHALL  PREPARE  AN  ENVIRON-
MENTAL IMPACT STATEMENT ON THE GRANTING OF SUCH LEASE, EASEMENT, PERMIT,
OR  OTHER  CONVEYANCE  OF  INTEREST IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW.
  (B) WITHIN THIRTY DAYS OF RECEIVING AN  APPLICATION  FOR  SUCH  LEASE,
EASEMENT,  PERMIT,  OR OTHER CONVEYANCE OF INTEREST, THE COMMISSIONER OF
GENERAL SERVICES SHALL HOLD PUBLIC HEARINGS IN THE COMMUNITIES  AFFECTED
ON THE TOPIC OF THE GRANTING OF SUCH LEASE.
  (C)  THE  COMMISSIONER OF ENVIRONMENTAL CONSERVATION AND THE SECRETARY
OF STATE SHALL REVIEW ANY PROPOSED  LEASE,  EASEMENT,  PERMIT  OR  OTHER
CONVEYANCE  OF  INTEREST. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION
SHALL RECOMMEND  CONDITIONS  TO  PROTECT  THE  ENVIRONMENT  AND  NATURAL
RESOURCES. THE SECRETARY OF STATE SHALL RECOMMEND CONDITIONS TO MAINTAIN
CONSISTENCY WITH THE COASTAL ZONE MANAGEMENT POLICIES.
  (D)  THE COMMISSIONER OF GENERAL SERVICES IN DECIDING WHETHER TO GRANT
SUCH LEASE, EASEMENT, PERMIT  OR  OTHER  CONVEYANCE  OF  INTEREST  SHALL
CONSIDER THE ENVIRONMENTAL IMPACT STATEMENT AND THE INFORMATION GIVEN AT
THE  PUBLIC  HEARINGS. SUCH COMMISSIONER SHALL INCORPORATE SUCH INFORMA-
TION AND THE RECOMMENDED CONDITIONS  PURSUANT  TO  CLAUSE  (C)  OF  THIS
SUBPARAGRAPH  IN  ANY  LEASE,  EASEMENT,  PERMIT  OR OTHER CONVEYANCE OF
INTEREST, OR SHALL DENY THE PROPOSAL IF  THE  COMMISSIONER  OF  ENVIRON-
MENTAL  CONSERVATION,  UPON ADMINISTRATIVE FINDINGS, DETERMINES THAT THE
ENVIRONMENT OR NATURAL RESOURCES CANNOT BE ADEQUATELY PROTECTED,  OR  IF

S. 3611                             3

THE  SECRETARY OF STATE DETERMINES THAT SUCH LEASE, EASEMENT, PERMIT, OR
OTHER CONVEYANCE OF INTEREST IS NOT CONSISTENT  WITH  THE  COASTAL  ZONE
MANAGEMENT  POLICIES, OR IF THE PREPONDERANCE OF EVIDENCE FROM THE ENVI-
RONMENTAL  IMPACT  STATEMENT AND PUBLIC HEARINGS SHOWS SUCH LEASE, EASE-
MENT, PERMIT, OR OTHER CONVEYANCE OF  INTEREST  WOULD  HAVE  SUBSTANTIAL
NEGATIVE  EFFECTS  UPON  THE  HEALTH AND WELFARE OF NEW YORK STATE. SUCH
LEASE, EASEMENT, PERMIT, OR OTHER CONVEYANCE OF INTEREST SHALL STATE THE
PURPOSE FOR WHICH IT IS MADE, AND SHALL ALSO BE SUBJECT TO ALL  APPLICA-
BLE  FEDERAL,  STATE  AND LOCAL LAWS, RULES, REGULATIONS AND CODES.  FOR
THE PURPOSES OF THIS SECTION, PLEASURE VESSEL SHALL HAVE THE SAME  MEAN-
ING  AS  SET FORTH IN PARAGRAPH (C) OF SUBDIVISION SIX OF SECTION TWO OF
THE NAVIGATION LAW.
  (IV) The commissioner shall make reasonable efforts to provide  notice
to persons affected by the requirements of this section.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Senate Bill S3611

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Sponsored By

Kenneth P. LaValle