senate Bill S3574A

Enacts the "Peconic Bay estuary protection act"

download pdf

Sponsor

Bill Status


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

actions

  • 06 / Feb / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 24 / Mar / 2014
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 24 / Mar / 2014
    • PRINT NUMBER 3574A

Summary

Enacts the "Peconic Bay estuary protection act" to implement a comprehensive conservation and management plan prepared pursuant to the national estuary program; establishes the Peconic Region Maritime Reserve Council.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A2476A
Versions:
S3574
S3574A
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 58 ยงยง58-0101 - 58-0125, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1601A, A1582A
2009-2010: S305, A370
2007-2008: A1085

Sponsor Memo

BILL NUMBER:S3574A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to enacting the "Peconic Bay estuary protection act"

PURPOSE: To provide for the implementation of the recommendations of
the Comprehensive Conservation and Management Plan (the "Plan")
created for the Peconic Bay estuary system pursuant to the National
Estuary Program (the "NEP")

SUMMARY OF PROVISIONS: The bill (the "Bill") amends the Environmental
Conservation Law by adding a new Article 58 thereto, which establish
the Peconic Bay Estuary Protection Act (the "Act"). The Act
establishes the Peconic Region Maritime Reserve Council, which shall
assist federal, state and local governments coordinate their efforts
to implement the Plan.

This Act also establishes the Peconic Bay Regional Conservation
Partnership Program within the Department of Environmental
Conservation (the "Department") to administer partnership agreements
between the Department and (i) Suffolk County and/or (ii) local
governments located within the Long Island Pine Barrens Maritime
Reserve.

The Act provides for the implementation of Peconic Bay Estuary
implementation projects. Under the Act, "Peconic Bay estuary
implementation projects" means those projects recommended as part of
the Plan or an action plan for the Peconic Bay estuary, which serve a
public purpose designated to improve or maintain surface water
quality, undertaken by the state, municipality or a not-for-profit
corporation, which demonstrates to the Commissioner's satisfaction
that it is financially and otherwise capable of completing such
project.

JUSTIFICATION: The Peconic Bay Estuary (the "Estuary") is a
remarkable resource of national significance. It supports the
economic, recreational and quality of life pursuits of the more than
one million visitors to the East End of Long Island each year as well
as its year end population. Estuaries are where land and sea meet
with both contributing to an ecosystem of specialized plants and
animals all interacting within the complex food web. Beaches, dunes,
salt marshes, intertidal mud and sand flats, tidal creeks and eelgrass
meadows provide shelter and nursery areas to a wide range of animals.
People are attracted to estuaries because of their recreational use
and the potential to make a living from the rich resources estuaries
provide.

The Estuary is on the brink of being seriously impacted by overuse. By
setting management actions that foster commercial and recreational use
that is sustainable and compatible with protection of biodiversity, we
can ensure a balance between preservation and the wise use of the
Estuary's natural resource is struck.

The Estuary is one of twenty-eight estuaries across the country
designated as an estuary of national significance under the NEP and
was formally accepted into the NEP in 1992. The purpose of the NEP is
to develop water-based comprehensive management plans for estuaries of


national significance which are threatened by pollution, development
or overuse. Since 1992, the State, Suffolk County and the EPA,
together with local governments, citizen, business and environmental
groups, and other stakeholders within the Peconic Bay region have
worked together as the Peconic Bay Estuary Program Management
Conference to create a comprehensive management plant to protect the
Estuary.

The Plan has been completely approved by the Governor and the EPA. It
is the purpose of the Bill to provide for the implementation of the
recommendations made in said Plan.

LEGISLATIVE HISTORY: 2011-12 S.1601; 2009-10 S. 305; S.554, 2007-08;
S.1632, 2005-06; S.1662-B, 2003-04; S.5011-B, 2001-02.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: The bill takes effect 180 days after the date on
which it shall have become a law.

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

                                 3574--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 6, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  enacting the "Peconic Bay estuary protection act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The environmental conservation law is amended by adding a
new article 58 to read as follows:
                               ARTICLE 58
                   PECONIC BAY ESTUARY PROTECTION ACT
SECTION 58-0101. SHORT TITLE.
        58-0103. LEGISLATIVE DECLARATION.
        58-0105. LEGISLATIVE FINDINGS AND INTENT.
        58-0107. DEFINITIONS.
        58-0109. PECONIC REGION MARITIME RESERVE COUNCIL.
        58-0111. DUTIES OF THE COUNCIL.
        58-0113. PECONIC BAY REGIONAL CONSERVATION PARTNERSHIP PROGRAM.
        58-0115. PECONIC BAY ESTUARY IMPLEMENTATION PROJECTS.
        58-0117. STATE  ASSISTANCE  PAYMENTS  FOR  PECONIC  BAY  ESTUARY
                  IMPLEMENTATION PROJECTS.
        58-0119. STATE ASSISTANCE APPLICATION PROCEDURE AND STANDARDS.
        58-0121. CONTRACTS FOR STATE ASSISTANCE PAYMENTS FOR PECONIC BAY
                  ESTUARY IMPLEMENTATION PROJECTS.
        58-0123. STATE PROJECTS.
        58-0125. SEVERABILITY.
S 58-0101. SHORT TITLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05384-02-4

S. 3574--A                          2

  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "PECONIC BAY ESTU-
ARY PROTECTION ACT".
S 58-0103. LEGISLATIVE DECLARATION.
  THE  LEGISLATURE  HEREBY  DECLARES  IT TO BE IN THE PUBLIC INTEREST TO
PROTECT AND MANAGE THE PECONIC BAY ESTUARY, IN THE COUNTY OF SUFFOLK, BY
ESTABLISHING A PECONIC BAY ESTUARY RESERVE. IT IS FURTHER IN THE  PUBLIC
INTEREST  TO ESTABLISH A COUNCIL MADE UP OF REPRESENTATIVES OF STATE AND
LOCAL  GOVERNMENTS  AND  STAKEHOLDERS  TO  IMPLEMENT  THE  COMPREHENSIVE
CONSERVATION  AND  MANAGEMENT  PLAN  CREATED FOR THE PECONIC BAY ESTUARY
SYSTEM PURSUANT TO THE NATIONAL ESTUARY PROGRAM.
S 58-0105. LEGISLATIVE FINDINGS AND INTENT.
  THE PECONIC BAY SYSTEM IS ONE OF  TWENTY-EIGHT  ESTUARIES  ACROSS  THE
COUNTRY  DESIGNATED  AS PART OF THE NATIONAL ESTUARY PROGRAM PURSUANT TO
THE FEDERAL CLEAN WATER ACT. THE PURPOSE OF THE NATIONAL ESTUARY PROGRAM
IS TO DEVELOP WATERSHED-BASED COMPREHENSIVE MANAGEMENT PLANS FOR ESTUAR-
IES OF NATIONAL SIGNIFICANCE THREATENED BY  POLLUTION,  DEVELOPMENT,  OR
MISUSE.
  IN  NINETEEN HUNDRED NINETY-ONE, THE PECONIC BAY ESTUARY WAS NOMINATED
AS AN ESTUARY  OF  NATIONAL  SIGNIFICANCE  UNDER  THE  NATIONAL  ESTUARY
PROGRAM. THE PECONIC BAY ESTUARY WAS FORMALLY ACCEPTED INTO THE NATIONAL
ESTUARY  PROGRAM IN NINETEEN HUNDRED NINETY-TWO.  SINCE NINETEEN HUNDRED
NINETY-TWO, THE STATE OF NEW YORK, THE COUNTY OF SUFFOLK,  THE  ENVIRON-
MENTAL  PROTECTION AGENCY TOGETHER WITH THE LOCAL GOVERNMENTS, CITIZENS,
BUSINESSES, INDUSTRY AND ENVIRONMENTAL GROUPS,  AND  OTHER  STAKEHOLDERS
WITHIN  THE  PECONIC  BAY  REGION, COLLECTIVELY KNOWN AS THE PECONIC BAY
ESTUARY PROGRAM MANAGEMENT CONFERENCE, HAVE WORKED TOGETHER TO CREATE  A
COMPREHENSIVE  CONSERVATION  AND  MANAGEMENT PLAN TO PROTECT THE PECONIC
BAY ESTUARY.
  THE ECONOMIC SIGNIFICANCE OF THE PECONIC BAY ESTUARY  IS  WELL  ESTAB-
LISHED.  MORE  THAN ELEVEN HUNDRED ESTABLISHMENTS WERE IDENTIFIED IN THE
PECONIC BAY ESTUARY AS "ESTUARINE DEPENDENT" WITH GROSS REVENUES EXCEED-
ING FOUR HUNDRED FIFTY MILLION DOLLARS PER YEAR.    THESE  STAKEHOLDERS,
ESTABLISHMENTS  AND  INDUSTRIES  ARE  REPRESENTED  BY THE ASSOCIATION OF
MARINE INDUSTRIES, THE EAST END MARINE FARMERS ASSOCIATION,  THE  BAYMEN
ASSOCIATION  OF THE FIVE EAST END TOWNS, THE LONG ISLAND FARM BUREAU AND
THE NEW YORK SEA FOOD COUNCIL, AMONG OTHERS.  THE FUTURE OF THIS ECONOM-
IC BASE CLEARLY DEPENDS ON MAINTAINING THE QUALITY OF THE ESTUARY.
  BEFORE THE COMPLETION OF THE COMPREHENSIVE CONSERVATION AND MANAGEMENT
PLAN FOR THE PECONIC BAY ESTUARY, AN  ACTION  PLAN  WAS  ESTABLISHED  TO
PROVIDE  FOR EARLY IMPLEMENTATION OF INITIATIVES TO BENEFIT THE ESTUARY.
SEVEN MILLION DOLLARS IN FEDERAL AND STATE FUNDS HAVE BEEN DEDICATED  TO
FIFTY-ONE  DEMONSTRATION  AND  IMPLEMENTATION PROJECTS, INCLUDING SEWAGE
PLANT UPGRADES, AGRICULTURAL ENVIRONMENTAL MANAGEMENT, STORM WATER MITI-
GATION, BAY SCALLOP  SEEDING,  WETLAND  AND  EELGRASS  RESTORATION,  AND
DEMONSTRATIONS  OF  NUMEROUS  BEST  MANAGEMENT  PRACTICES,  INCLUDING NO
DISCHARGE ZONES, INVENTORYING OF HISTORIC DEPTHS, WATER  ACCESS  POINTS,
HARDENED  STRUCTURES CRITICAL NATURAL RESOURCE AREAS AND OTHER INVENTORY
RELATED ITEMS.  FURTHER UNDER THE STATE CLEAN AIR/CLEAN WATER BOND  ACT,
A  MINIMUM  OF THIRTY MILLION DOLLARS HAS BEEN ALLOCATED FOR THE PECONIC
BAY  AND  SOUTH  SHORE   ESTUARIES.   FINALLY,   IN   NINETEEN   HUNDRED
NINETY-EIGHT,  THE  LEGISLATURE  ADOPTED CHAPTER ONE HUNDRED FOURTEEN OF
THE LAWS OF NINETEEN HUNDRED NINETY-EIGHT ESTABLISHING THE  PECONIC  BAY
COMMUNITY  PRESERVATION FUND WHICH ESTABLISHED A TWO PERCENT REAL ESTATE
TRANSFER TAX TO FUND  LAND  PRESERVATION  EFFORTS  IN  THE  PECONIC  BAY
REGION.

S. 3574--A                          3

  THE  DRAFT COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN HAS NOW BEEN
COMPLETED.  IT IS THE PURPOSE OF THIS ARTICLE TO PROVIDE FOR THE  IMPLE-
MENTATION  OF RECOMMENDATIONS MADE IN THE COMPREHENSIVE CONSERVATION AND
MANAGEMENT PLAN.
S 58-0107. DEFINITIONS.
  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL MEAN AND INCLUDE:
  1. "COST" MEANS THE COST OF ACQUIRING A PARCEL OF LAND IDENTIFIED IN A
PARTNERSHIP  AGREEMENT  AUTHORIZED  PURSUANT  TO SECTION 58-0113 OF THIS
ARTICLE, THE COST OF IMPLEMENTING A PROJECT PURSUANT TO  THE  COMPREHEN-
SIVE CONSERVATION AND MANAGEMENT PLAN CREATED FOR THE PECONIC BAY SYSTEM
PURSUANT TO THE NATIONAL ESTUARY PROGRAM AS WELL AS CONSULTANT AND LEGAL
SERVICES,  AND  OTHER  DIRECT  EXPENSES  INCIDENT TO SUCH ACQUISITION OR
IMPLEMENTATION LESS ANY FEDERAL ASSISTANCE RECEIVED OR  TO  BE  RECEIVED
AND ANY OTHER ASSISTANCE FROM OTHER PARTIES.
  2.  "COUNCIL"  SHALL  MEAN THE PECONIC REGION MARITIME RESERVE COUNCIL
CREATED PURSUANT TO SECTION 58-0109 OF THIS ARTICLE.
  3. "FEDERAL ASSISTANCE" MEANS FUNDS AVAILABLE,  OTHER  THAN  BY  LOAN,
FROM  THE  FEDERAL  GOVERNMENT, EITHER DIRECTLY OR THROUGH ALLOCATION BY
THE STATE FOR CONSTRUCTION OR PROGRAM PURPOSES PURSUANT TO  ANY  FEDERAL
LAW OR PROGRAM.
  4. "GOVERNING BODY" MEANS:
  A. IN THE CASE OF SUFFOLK COUNTY, THE SUFFOLK COUNTY LEGISLATURE;
  B.  IN THE CASE OF A VILLAGE WITHIN SUFFOLK COUNTY, THE LOCAL LEGISLA-
TIVE BODY THEREOF, AS SUCH TERM IS DEFINED IN THE  MUNICIPAL  HOME  RULE
LAW;
  C. IN THE CASE OF A TOWN WITHIN SUFFOLK COUNTY, THE TOWN BOARD;
  D.  IN  THE  CASE OF A PUBLIC BENEFIT CORPORATION, THE BOARD OF DIREC-
TORS, MEMBERS OR TRUSTEES THEREOF;
  E. IN THE CASE OF A PUBLIC AUTHORITY, THE GOVERNING  BOARD  OF  DIREC-
TORS, MEMBERS OR TRUSTEES THEREOF;
  F. IN THE CASE OF A NOT-FOR-PROFIT CORPORATION, THE BOARD OF DIRECTORS
THEREOF  OR  SUCH  OTHER  BODY DESIGNATED IN THE CERTIFICATE OF INCORPO-
RATION TO MANAGE THE CORPORATION; AND
  G. IN THE CASE OF AN INDIAN TRIBE OR NATION, ANY GOVERNING BODY RECOG-
NIZED BY THE UNITED STATES OR THE STATE OF NEW YORK.
  5. "LONG ISLAND PINE BARRENS MARITIME RESERVE"  SHALL  MEAN  THE  LONG
ISLAND  PINE  BARRENS  MARITIME  RESERVE ESTABLISHED PURSUANT TO ARTICLE
FIFTY-SEVEN OF THIS CHAPTER.
  6. "MUNICIPALITY" MEANS SUFFOLK  COUNTY,  A  LOCAL  PUBLIC  AUTHORITY,
PUBLIC  BENEFIT  CORPORATION, A TOWN OR VILLAGE WITHIN SUFFOLK COUNTY OR
ANY COMBINATION THEREOF, STATE AGENCIES, STATE  PUBLIC  AUTHORITIES  AND
STATE PUBLIC BENEFIT CORPORATIONS.
  7. "NOT-FOR-PROFIT CORPORATION" MEANS A CORPORATION FORMED PURSUANT TO
THE  NOT-FOR-PROFIT  CORPORATION LAW AND QUALIFIED FOR TAX-EXEMPT STATUS
UNDER THE FEDERAL INTERNAL REVENUE CODE.
  8. "PECONIC BAY ESTUARY" OR "PECONIC BAY SYSTEM" SHALL MEAN THE SERIES
OF INTERCONNECTED BODIES OR  SURFACE  WATERS,  INCLUDING  FLANDERS  BAY,
GREAT PECONIC BAY, LITTLE PECONIC BAY, NOYACK BAY, SHELTER ISLAND SOUND,
SOUTHOLD  BAY,  NORTHWEST HARBOR, ORIENT HARBOR, GARDINERS BAY, NAPEAGUE
BAY, FORT POND BAY, THE WESTERN PORTION OF  BLOCK  ISLAND  SOUND,  OTHER
SEMI-ENCLOSED  BAYS AND HARBORS CONTIGUOUS THERETO, AND ALL OF THE TIDAL
CREEKS AND FRESHWATER STREAMS THAT DISCHARGE INTO  THESE  INTERCONNECTED
BASINS.
  9.  "PLAN"  SHALL  MEAN  THE COMPREHENSIVE CONSERVATION AND MANAGEMENT
PLAN CREATED FOR THE PECONIC BAY SYSTEM PURSUANT TO THE NATIONAL ESTUARY
PROGRAM.

S. 3574--A                          4

  10. "TRADITIONAL USES" MEANS COMMERCIAL  FISHING  AND  SHELL  FISHING,
SHELLFISH  FARMING, RECREATIONAL BOATING, RECREATIONAL FISHING AND SHELL
FISHING.
  11. "WORK PLAN" SHALL MEAN AN ADVISORY RECOMMENDATION TO A STATE AGEN-
CY OR LOCAL MUNICIPALITY.
S 58-0109. PECONIC REGION MARITIME RESERVE COUNCIL.
  1.  THERE  IS  HEREBY ESTABLISHED A PECONIC REGION MARITIME COUNCIL TO
ASSIST FEDERAL, STATE AND LOCAL GOVERNMENTS COORDINATE  ALL  EFFORTS  TO
IMPLEMENT THE PLAN.
  2. A. THE COUNCIL SHALL BE COMPOSED OF THE FOLLOWING MEMBERS:
  (I) THREE MEMBERS APPOINTED BY THE GOVERNOR;
  (II) THREE MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
  (III) THREE MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (IV)  FOUR  MEMBERS APPOINTED BY THE COUNTY EXECUTIVE OF THE COUNTY OF
SUFFOLK, WITH THE ADVICE AND CONSENT OF THE COUNTY LEGISLATURE  OF  SUCH
COUNTY;
  (V)  THE  CHIEF EXECUTIVE OFFICERS, OR THEIR DESIGNEES, OF THE TOWN OF
EAST HAMPTON, THE TOWN OF RIVERHEAD, THE TOWN  OF  SHELTER  ISLAND,  THE
TOWN OF SOUTHAMPTON, THE TOWN OF SOUTHOLD, THE VILLAGE OF DERING HARBOR,
THE  VILLAGE  OF  EAST HAMPTON, THE VILLAGE OF GREENPORT, THE VILLAGE OF
NORTH HAVEN, THE VILLAGE OF QUOGUE,  THE  VILLAGE  OF  SAG  HARBOR,  THE
VILLAGE OF SOUTHAMPTON, THE VILLAGE OF WESTHAMPTON BEACH AND THE VILLAGE
OF WEST HAMPTON DUNES;
  (VI) A DESIGNEE OF THE EMPIRE STATE MARINE TRADES ASSOCIATION;
  (VII) A DESIGNEE OF THE ASSOCIATION OF MARINE INDUSTRIES;
  (VIII)  A  DESIGNEE  OF  THE  BAYMEN  ASSOCIATION OF THE FIVE EAST END
TOWNS;
  (IX) A DESIGNEE OF THE EAST END MARINE FARMERS ASSOCIATION;
  (X) A DESIGNEE OF THE NEW YORK SEA FOOD COUNCIL;
  (XI) A DESIGNEE OF THE LONG ISLAND FARM BUREAU;
  (XII) A DESIGNEE OF THE NEW YORK STATE SEA GRANT;
  (XIII) A DESIGNEE OF THE STATE UNIVERSITY OF NEW YORK AT  STONY  BROOK
MARINE SCIENCE RESEARCH CENTER;
  (XIV)  A  DESIGNEE  OF  THE LONG ISLAND UNIVERSITY-SOUTHAMPTON COLLEGE
MARITIME SCIENCES PROGRAM; AND
  (XV) TWO DESIGNEES OF THE CORNELL COOPERATIVE EXTENSION, ONE  OF  WHOM
SHALL  BE A MARINE PROGRAM EXTENSION EDUCATOR AND THE OTHER WHO SHALL BE
AN AGRICULTURAL EXTENSION EDUCATOR.
  B.  THE COMMISSIONER, OR HIS OR HER DESIGNEE, THE SECRETARY OF  STATE,
OR  HIS  OR  HER  DESIGNEE,  FOR  PURPOSES OF MATTERS RELATED TO COASTAL
RESOURCES AND A REPRESENTATIVE OF THE FEDERAL  ENVIRONMENTAL  PROTECTION
AGENCY SHALL SERVE AS EX OFFICIO MEMBERS.
  C.   ALL MEMBERS, EXCEPT EX OFFICIO MEMBERS, SHALL BE RESIDENTS OF THE
COUNTY OF SUFFOLK AND SHALL  DEMONSTRATE  EXPERTISE  IN  THE  FUNCTIONAL
AREAS  TO BE ADDRESSED BY THE COUNCIL. ALL INITIAL APPOINTMENTS SHALL BE
MADE WITHIN SIXTY DAYS FROM THE EFFECTIVE DATE OF THIS ARTICLE.
  3. THE MEMBERS OF THE COUNCIL SHALL SERVE FOR A TERM OF TWO  YEARS  OR
THEREAFTER  UNTIL  A SUCCESSOR IS APPOINTED.  THE COUNCIL SHALL SELECT A
CHAIRPERSON, A VICE-CHAIRPERSON AND SUCH OTHER OFFICERS AS IT MAY DETER-
MINE ARE NECESSARY FOR THE CONDUCT OF ITS DUTIES.
  4. THE MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT COMPENSATION.
  5. THE COUNCIL SHALL CONSIST OF THE  FOLLOWING  COMMITTEES:  A  POLICY
COMMITTEE,  A  MANAGEMENT  COMMITTEE,  A TECHNICAL ADVISORY COMMITTEE, A
CITIZEN ADVISORY COMMITTEE AND A LOCAL GOVERNMENT COMMITTEE. THE  COMPO-
SITION OF SUCH COMMITTEES SHALL BE ESTABLISHED BY THE COUNCIL.
S 58-0111. DUTIES OF THE COUNCIL.

S. 3574--A                          5

  1. THE COUNCIL SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
  A.  TO  FACILITATE  COMMUNICATION  AND  COORDINATION OF THE PUBLIC AND
PRIVATE SECTORS WORKING TO IMPLEMENT THE PLAN;
  B. TO MONITOR AND EVALUATE PROGRESS IN IMPLEMENTING THE PLAN,  INCLUD-
ING AN ANNUAL STATE OF THE BAYS REPORT;
  C. TO ASSIST IN SECURING FUNDS TO IMPLEMENT THE PLAN;
  D. TO REASSESS AND UPDATE THE PLAN EVERY TWO YEARS;
  E. TO DEVELOP AN ANNUAL FINANCIAL PLAN TO ENSURE PLAN IMPLEMENTATION;
  F.  TO  NEGOTIATE  COMMITMENTS  BETWEEN  STAKEHOLDERS TO IMPLEMENT THE
PLAN;
  G. TO ENCOURAGE  CONSISTENCY  IN  REGULATORY  PROGRAMS  AND  STANDARDS
CONSISTENT WITH THE PLAN;
  H. TO PROVIDE TECHNICAL ASSISTANCE TO LOCAL GOVERNMENT AND THE PRIVATE
SECTOR;
  I. TO MAKE RULES FOR THE MANAGEMENT AND REGULATION OF ITS AFFAIRS;
  J. TO HOLD PUBLIC HEARINGS;
  K. TO CONDUCT SCIENTIFIC AND ENVIRONMENTAL STUDIES;
  L.  TO CONTRACT WITHIN AMOUNTS APPROPRIATED FOR OR OTHERWISE AVAILABLE
FOR PROFESSIONAL AND TECHNICAL ASSISTANCE OR ADVICE; AND
  M. TO ENCOURAGE INDIVIDUALS, CORPORATIONS,  ASSOCIATIONS,  AND  PUBLIC
ENTITIES TO PROTECT, AND PRESERVE THE UNIQUE RESOURCES OF THE RESERVE.
  2.  IN  ADDITION  TO  THE  DUTIES SET FORTH IN SUBDIVISION ONE OF THIS
SECTION, THE COUNCIL SHALL ALSO COMPLETE THE FOLLOWING  RESPONSIBILITIES
BY DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN:
  A.  IDENTIFY  ADDITIONAL REVENUE SOURCES TO FUND THE IMPLEMENTATION OF
THE PLAN; AND
  B. ESTABLISH A WORK PLAN TO  ADDRESS  THE  FOLLOWING  ESTUARY  RELATED
ISSUES:
  (I) AGRICULTURAL MANAGEMENT PLANS;
  (II) PESTICIDE REDUCTION;
  (III)  PRIORITIES  FOR  ADDITIONAL  SCIENTIFIC  AND  APPLIED RESEARCH,
INCLUDING THE TARGETING OF THE RESTORATION OF  BIVALVE  SHELLFISH  POPU-
LATIONS;
  (IV) ENVIRONMENTAL MONITORING, INCLUDING RADIOLOGICAL MONITORING;
  (V) CONTINUED PUBLIC EDUCATION AND OUTREACH;
  (VI) ESTABLISHMENT OF A NITROGEN CONTROL PROGRAM TO IMPLEMENT NITROGEN
REDUCTION POLICIES;
  (VII) USE OF INCENTIVES TO ENCOURAGE THE IMPLEMENTATION OF PLAN GOALS;
AND
  (VIII) OTHER MATTERS AS MAY BE DEEMED NECESSARY AND APPROPRIATE BY THE
COUNCIL.
S 58-0113. PECONIC BAY REGIONAL CONSERVATION PARTNERSHIP PROGRAM.
  1.  THERE  IS  HEREBY  ESTABLISHED A PECONIC BAY REGIONAL CONSERVATION
PARTNERSHIP PROGRAM WITHIN  THE  DEPARTMENT  TO  ADMINISTER  PARTNERSHIP
AGREEMENTS,  BY AND BETWEEN THE DEPARTMENT AND (I) SUFFOLK COUNTY AND/OR
(II) LOCAL GOVERNMENTS WITHIN THE  LONG  ISLAND  PINE  BARRENS  MARITIME
RESERVE.  SUCH  PARTNERSHIP AGREEMENTS SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING:
  A. A LIST OF PARCELS AND AREAS THAT NEED TO BE PROTECTED;
  B. SUCH LIST OF PARCELS AND AREAS SHALL BE SUBJECT TO A PUBLIC HEARING
BY THE COUNTY OR LOCAL GOVERNMENT SEEKING TO INCLUDE  SAID  PARCELS  AND
AREAS WITHIN THE PARTNERSHIP;
  C.  A LIST OF PRIORITIES BASED ON ENVIRONMENTAL SENSITIVITY AND EXTENT
OF DEVELOPMENT PRESSURE;
  D. A DESCRIPTION OF THE PROPOSED  USE  AND  MANAGEMENT  PLAN  FOR  THE
PARCELS AND AREAS TO BE PROTECTED; AND

S. 3574--A                          6

  E.  A  LIST  OF  OTHER SOURCES OF FUNDING TO IMPLEMENT THE PARTNERSHIP
AGREEMENT.
  2.  APPROVAL  OF  SUCH PARTNERSHIP AGREEMENT BY THE COMMISSIONER SHALL
AUTHORIZE THE APPLICANT TO RECEIVE FROM THE STATE THE STATE'S  SHARE  OF
FUNDING  AS  STATED  IN SUCH PARTNERSHIP AGREEMENT FOR THE PROTECTION OF
THE PARCELS IDENTIFIED IN SAID PARTNERSHIP AGREEMENT.
  3. EACH STATE AGENCY DESIGNATED BY THE  GOVERNOR,  INCLUDING  BUT  NOT
LIMITED  TO THE DEPARTMENT, THE OFFICE OF PARKS, RECREATION AND HISTORIC
PRESERVATION, THE DEPARTMENT OF STATE, THE DEPARTMENT OF TRANSPORTATION,
AND THE ENVIRONMENTAL FACILITIES CORPORATION, WITHIN ONE HUNDRED  EIGHTY
DAYS  OF  THE  EFFECTIVE  DATE OF THIS ARTICLE, SHALL PREPARE A TWO YEAR
ACTION PLAN FOR THE IMPLEMENTATION OF THE PECONIC BAY ESTUARY COMPREHEN-
SIVE CONSERVATION AND MANAGEMENT PLAN. A COPY OF THE ACTION PLANS  SHALL
BE SUBMITTED TO THE GOVERNOR AND THE LEGISLATURE. SUCH ACTION PLAN SHALL
BE UPDATED ANNUALLY.
S 58-0115. PECONIC BAY ESTUARY IMPLEMENTATION PROJECTS.
  AS USED IN THIS ARTICLE, "PECONIC BAY ESTUARY IMPLEMENTATION PROJECTS"
SHALL  MEAN  THOSE  PROJECTS  RECOMMENDED  AS  PART OF THE COMPREHENSIVE
CONSERVATION AND MANAGEMENT PLAN OR ACTION  PLAN  FOR  THE  PECONIC  BAY
ESTUARY,  WHICH  ENHANCE  THE  PRODUCTIVITY  OF  THE ESTUARY PURSUANT TO
HISTORIC, CURRENT COMMERCIAL AND TRADITIONAL  USES,  INCLUDING  BUT  NOT
LIMITED  TO RESEARCH RELATED TO THE RESTORATION OF SHELLFISH POPULATIONS
IN THE ESTUARY AND WHICH SERVE A PUBLIC PURPOSE DESIGNATED TO IMPROVE OR
MAINTAIN SURFACE WATER QUALITY, UNDERTAKEN BY THE STATE, A  MUNICIPALITY
OR A NOT-FOR-PROFIT CORPORATION WHICH DEMONSTRATES TO THE COMMISSIONER'S
SATISFACTION  THAT IT IS FINANCIALLY AND OTHERWISE CAPABLE OF COMPLETING
SUCH PROJECT.
S 58-0117. STATE ASSISTANCE PAYMENTS FOR PECONIC BAY ESTUARY IMPLEMENTA-
             TION PROJECTS.
  1. THE COMMISSIONER IS AUTHORIZED TO PROVIDE ON A  COMPETITIVE  BASIS,
WITHIN AMOUNTS APPROPRIATED, STATE ASSISTANCE PAYMENTS TO A MUNICIPALITY
OR A NOT-FOR-PROFIT CORPORATION TOWARD THE COST OF ANY PECONIC BAY ESTU-
ARY IMPLEMENTATION PROJECT APPROVED BY THE COMMISSIONER.
  2.  THE  COMMISSIONER AND A MUNICIPALITY OR NOT-FOR-PROFIT CORPORATION
MAY ENTER INTO A CONTRACT FOR THE UNDERTAKING OF A PECONIC  BAY  ESTUARY
IMPLEMENTATION  PROJECT.    SUCH  PROJECT  SHALL  BE  RECOMMENDED TO THE
COMMISSIONER BY THE GOVERNING BODY OF THE MUNICIPALITY OR NOT-FOR-PROFIT
CORPORATION, AND WHEN APPROVED BY THE COMMISSIONER,  UNDERTAKEN  BY  THE
MUNICIPALITY  OR NOT-FOR-PROFIT CORPORATION PURSUANT TO THIS ARTICLE AND
ANY OTHER APPLICABLE PROVISIONS OF LAW.
  3. STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED  FIFTY  PERCENT  OF  THE
PROJECT  COST  OR TWO MILLION DOLLARS, WHICHEVER IS LESS. SUCH COSTS ARE
SUBJECT TO FINAL COMPUTATION AND DETERMINATION BY THE COMMISSIONER  UPON
COMPLETION  OF  THE  PROJECT,  AND SHALL NOT EXCEED THE MAXIMUM ELIGIBLE
COST SET FORTH IN THE CONTRACT.
  4. PRIOR TO PROCESSING  APPLICATIONS  FOR  STATE  ASSISTANCE  PAYMENTS
TOWARD  THE  COST  OF  PECONIC  BAY ESTUARY IMPLEMENTATION PROJECTS, THE
COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS WHICH SHALL  INCLUDE
CRITERIA  FOR  DETERMINING  ELIGIBLE  EXPENDITURES  AND  PROCEDURES  FOR
GOVERNING THE COMMITMENT  AND  DISBURSEMENT  OF  FUNDS  APPROPRIATED  IN
ACCORDANCE  WITH  THIS  ARTICLE.  THE COMMISSIONER SHALL ALSO PROMULGATE
RULES AND REGULATIONS WHICH SHALL INCLUDE APPLICATION PROCEDURES, REVIEW
PROCESSES, AND PROJECT APPROVAL GUIDELINES AND CRITERIA CONSISTENT  WITH
SECTION 58-0123 OF THIS ARTICLE.
S 58-0119. STATE ASSISTANCE APPLICATION PROCEDURE AND STANDARDS.

S. 3574--A                          7

  IN  THE CASE OF PECONIC BAY ESTUARY IMPLEMENTATION PROJECTS, A MUNICI-
PALITY OR NOT-FOR-PROFIT CORPORATION, UPON THE APPROVAL OF ITS GOVERNING
BODY, MAY SUBMIT AN APPLICATION TO THE COMMISSIONER, IN  SUCH  FORM  AND
CONTAINING  SUCH  INFORMATION AS THE COMMISSIONER MAY REQUIRE, FOR STATE
ASSISTANCE  PAYMENTS  TOWARD  THE  COST OF A PROJECT WHICH IS WITHIN THE
STATE AND WHICH IS ELIGIBLE FOR STATE ASSISTANCE PURSUANT TO THIS  ARTI-
CLE.  THE  COMMISSIONER  SHALL  REVIEW  SUCH PROJECT APPLICATION AND MAY
APPROVE, DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO  CONSISTENT  WITH
APPLICABLE LAW, CRITERIA, STANDARDS OR RULES AND REGULATIONS RELATIVE TO
SUCH  PROJECTS.  SUCH  CRITERIA  AND STANDARDS SHALL INCLUDE, BUT NOT BE
LIMITED TO INCLUSION ON AN ACTION PLAN OR COMPREHENSIVE CONSERVATION AND
MANAGEMENT PLAN PREPARED UNDER THE PECONIC BAY ESTUARY PROGRAM.
  UPON APPROVAL OF A PROJECT APPLICATION, A MUNICIPALITY OR NOT-FOR-PRO-
FIT CORPORATION SHALL ENTER INTO A CONTRACT, AS FURTHER PROVIDED  WITHIN
THIS ARTICLE, WITH THE COMMISSIONER FOR STATE ASSISTANCE PAYMENTS TOWARD
THE COST OF SUCH PROJECT TO BE RECEIVED PURSUANT TO THIS ARTICLE.
S 58-0121. CONTRACTS FOR STATE ASSISTANCE PAYMENTS FOR PECONIC BAY ESTU-
             ARY IMPLEMENTATION PROJECTS.
  1.  THE  COMMISSIONER  MAY,  IN  THE  NAME  OF  THE  STATE, ENTER INTO
CONTRACTS WITH MUNICIPALITIES OR NOT-FOR-PROFIT CORPORATIONS, TO PROVIDE
STATE ASSISTANCE PAYMENTS TOWARD THE COST OF PECONIC BAY ESTUARY  IMPLE-
MENTATION PROJECTS WHICH SHALL INCLUDE THE FOLLOWING PROVISIONS:
  A.  AN  ESTIMATE  OF  THE  COSTS  OF  THE PROJECT AS DETERMINED BY THE
COMMISSIONER;
  B. AN AGREEMENT BY THE COMMISSIONER TO MAKE STATE ASSISTANCE  PAYMENTS
TOWARD  THE  COST OF THE PROJECT BY PERIODICALLY REIMBURSING THE MUNICI-
PALITY OR NOT-FOR-PROFIT CORPORATION  DURING  THE  PROGRESS  OF  PROJECT
DEVELOPMENT OR FOLLOWING COMPLETION OF THE PROJECT AS MAY BE AGREED UPON
BY THE PARTIES, IN AN AMOUNT NOT TO EXCEED THE AMOUNTS ESTABLISHED ELSE-
WHERE IN THIS ARTICLE; AND
  C. AN AGREEMENT BY THE MUNICIPALITY OR NOT-FOR-PROFIT CORPORATION:
  (I) TO PROCEED EXPEDITIOUSLY WITH AND COMPLETE THE PROJECT AS APPROVED
BY THE COMMISSIONER;
  (II)  TO UNDERTAKE AND MAINTAIN THE PECONIC BAY ESTUARY IMPLEMENTATION
PROJECT IN ACCORDANCE WITH APPLICABLE LAW AND RULES AND REGULATIONS;
  (III) TO PROVIDE FOR THE PAYMENT OF THE MUNICIPALITY'S OR NOT-FOR-PRO-
FIT CORPORATION'S SHARE OF THE COST OF THE PROJECT;
  (IV) TO ASSUME THE FULL COST OF ANY ADDITIONAL ELEMENTS  OR  CONTINUED
OPERATION OF THE PROJECT;
  (V)  TO REPAY WITHIN ONE YEAR OF NOTIFICATION BY THE COMMISSIONER, ANY
STATE ASSISTANCE PAYMENTS MADE TOWARD THE COST  OF  THE  PROJECT  OR  AN
EQUITABLE PORTION OF SUCH MONIES DECLARED APPROPRIATE BY THE COMMISSION-
ER,  IF THE MUNICIPALITY OR NOT-FOR-PROFIT CORPORATION FAILS TO COMPLETE
THE PROJECT AS APPROVED. NO REPAYMENT, HOWEVER, SHALL BE REQUIRED  WHERE
THE  COMMISSIONER DETERMINES THAT SUCH FAILURE, DISPOSITION OR CHANGE OF
USE WAS IMMEDIATELY NECESSARY TO PROTECT PUBLIC HEALTH AND SAFETY;
  (VI) TO APPLY FOR  AND  MAKE  REASONABLE  EFFORTS  TO  SECURE  FEDERAL
ASSISTANCE FOR THE PROJECT; AND
  (VII)  TO  NOT SELL, LEASE, OR OTHERWISE DISPOSE OF OR USE LANDS REHA-
BILITATED UNDER THIS ARTICLE  FOR  ANY  PURPOSE  INCONSISTENT  WITH  THE
PROJECT  FOR A PERIOD OF SEVEN YEARS FROM THE COMMISSIONER'S APPROVAL OF
THE PROJECT.
  2. IN CONNECTION WITH  EACH  CONTRACT,  THE  COMMISSIONER  SHALL  KEEP
ADEQUATE  RECORDS  OF  THE AMOUNT OF THE PAYMENT BY THE STATE AND OF THE
AMOUNT OF FEDERAL ASSISTANCE, IF ANY, RECEIVED BY  THE  MUNICIPALITY  OR
NOT-FOR-PROFIT  CORPORATION.  SUCH  RECORDS  SHALL  BE  RETAINED  BY THE

S. 3574--A                          8

COMMISSIONER AND SHALL ESTABLISH THE  BASIS  FOR  RECALCULATION  OF  THE
STATE PAYMENT AS REQUIRED BY THIS SECTION.
S 58-0123. STATE PROJECTS.
  THE  COMMISSIONER  IS  AUTHORIZED,  WITHIN  AMOUNTS  APPROPRIATED,  TO
DIRECTLY UNDERTAKE A PECONIC BAY ESTUARY IMPLEMENTATION PROJECT PURSUANT
TO THIS ARTICLE WHERE SUCH PROJECT IS RECOMMENDED IN AN ACTION  PLAN  OR
COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN, AND IS ON STATE LANDS OR
STATE LANDS UNDERWATER OR IS OTHERWISE UNDER THE CONTROL OF THE STATE.
S 58-0125. SEVERABILITY.
  IF  ANY  CLAUSE,  SENTENCE, PARAGRAPH, SECTION OR PART OF THIS ARTICLE
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE  INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THER-
EOF,  BUT  SHALL  BE  CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE,
PARAGRAPH, SECTION OR PART THEREOF DIRECTLY INVOLVED IN THE  CONTROVERSY
IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.