S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7833
 
                             I N  S E N A T E
 
                             January 12, 2022
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   permitting  seaweed  cultivation in underwater lands at Gardiner's and
   Peconic bays and commercial fishing licenses; and to amend  a  chapter
   of the laws of 2021 amending the environmental conservation law relat-
   ing  to  permitting kelp cultivation in underwater lands at Gardiner's
   and Peconic bays and  commercial  fishing  licenses,  as  proposed  in
   legislative  bills  numbers  S.  6532-A  and A. 7547-A, in relation to
   permitting seaweed cultivation in underwater lands at  Gardiner's  and
   Peconic bays and commercial fishing licenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The fourth undesignated paragraph of section 1 of a chapter
 of the laws of 2021 amending the environmental conservation law relating
 to permitting kelp cultivation in underwater  lands  at  Gardiner's  and
 Peconic bays and commercial fishing licenses, as proposed in legislative
 bills numbers S.6532-A and A.7547-A, is amended to read as follows:
   States  including  Connecticut, Massachusetts, Maine, and Rhode Island
 have  already  established  kelp  and  commercial  seaweed   aquaculture
 programs.  In New York, there is an opportunity to promote this industry
 by providing access for kelp AND OTHER TYPES OF SEAWEED  aquaculture  to
 state owned underwater lands ceded to Suffolk County.
   § 2. Subdivisions 1, 2, 7, 8, 9 and 10 of section 13-0302 of the envi-
 ronmental conservation law, as amended by a chapter of the laws of 2021,
 amending  the environmental conservation law relating to permitting kelp
 cultivation in underwater lands  at  Gardiner's  and  Peconic  bays  and
 commercial  fishing  licenses,  as proposed in legislative bills numbers
 S.6532-A and A.7547-A, are amended to read as follows:
   1. Underwater lands ceded to county of Suffolk. All the  right,  title
 and interest in which the people of the state of New York have in and to
 the  lands  under  water of Gardiner's and Peconic bays in the county of
 Suffolk, except underwater lands within one thousand feet  of  the  high
 water mark is hereby ceded to such county, for the purposes of shellfish
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11095-06-2
 S. 7833                             2
 
 or  [kelp]  SEAWEED  cultivation,  to  be managed and controlled by such
 county, provided that such lands shall revert to  the  state  when  they
 shall  cease  to  be  used for shellfish OR SEAWEED cultivation. For the
 purposes  of  this section, the term "Gardiner's and Peconic bays" shall
 mean the waters of Gardiner's and Peconic bays and the tributaries ther-
 eof between the westerly shore of Great Peconic bay and an easterly line
 running from the most easterly point of Plum island to Goff point at the
 entrance of Napeague harbor.
   2. Ratification. The grant of lands under the waters of Gardiner's and
 Peconic bays, by the commissioners of  shell  fisheries,  in  accordance
 with  the  provisions  of  chapter  385 of the laws of 1884, as amended,
 subsequently held and used  by  the  grantees,  heirs,  successors,  and
 assigns  on  which  all taxes and assessments have been paid, are hereby
 ratified and confirmed. Any underwater lands in Gardiner's  and  Peconic
 Bays  previously  granted  that  revert  or  escheat to the state or are
 subject to tax deed by the county of Suffolk shall be available  to  the
 county  for leasing pursuant to this section. All other lands under such
 waters, which pursuant to such chapters, have escheated or  reverted  to
 the  state,  are  hereby ceded to Suffolk county for the purposes of the
 cultivation of shellfish OR SEAWEED, subject to  existing  valid  grants
 and  easements;  provided  however,  that  nothing in this section shall
 interfere with the right of the  commissioner  of  general  services  to
 grant  lands  and  easements  under water to owners of adjacent uplands,
 pursuant to the provisions of the public lands law, or of  the  legisla-
 ture  to  make  such  grants  without regard to upland ownership, and to
 grant franchises to utilities, municipalities and  governmental,  educa-
 tional,  or  scientific bodies for cables, outfalls, ecological studies,
 and experimentation with controlled marine life.
   7. Leases for [kelp] SEAWEED cultivation.   [a.]  Suffolk  county  may
 lease  lands  under  water  ceded  to it by the state for the purpose of
 [kelp] SEAWEED  cultivation,  provided  if  no  such  leases  have  been
 executed by December thirty-first, two thousand thirty-one, such author-
 ity  to  lease  pursuant  to this section shall terminate. Nothing shall
 preclude the county from issuing a single lease to an applicant for both
 shellfish and [kelp] SEAWEED, provided  that  the  application  complies
 with  all  the  requirements  of  this section. For the purposes of this
 section, ["kelp"] "SEAWEED" means any [of  the  brown  seaweeds  of  the
 order of Laminariales] MARINE MACROALGAE THAT IS NATIVE OR INDIGENOUS TO
 THE  MARINE  AND  COASTAL  DISTRICT AND approved by the commissioner for
 cultivation in the waters of Gardiner's and Peconic bays.
   [b.] A. Leases may be issued only within areas  designated  as  [kelp]
 SEAWEED  cultivation  zones on a map or maps to be prepared and approved
 by the county of Suffolk.
   [c.] B. No lease shall be granted, except upon written application  on
 forms  furnished  by  the  county  of Suffolk, and properly executed and
 signed by the applicant.
   [d.] C. Before a lease is approved, notice shall be  provided  for  at
 least  two  months  by  posting  such notice at the [bureau] DIVISION of
 marine resources in the department, the office of the county clerk,  and
 the office of the town clerk in which all or any part of the lands to be
 leased are located.  Such notice shall also be published in the official
 newspaper  of  the  county.  The  notice  shall  include the name of the
 lessee, the boundaries of the lease, and the area of the lease.  A  copy
 of the proposed lease shall be available for public inspection and copy-
 ing in the office of the county clerk.
 S. 7833                             3
 
   [e.]  8. ESTABLISHMENT OF SEAWEED CULTIVATION ZONES. Before leasing or
 using the lands hereby ceded to it for [kelp] SEAWEED  cultivation,  the
 county  of  Suffolk  shall  cause  an accurate survey to be made of such
 lands, and a map or maps to be prepared  therefrom.  Such  map  or  maps
 shall  establish  [kelp] SEAWEED cultivation zones within Gardiner's and
 Peconic bays. Such map or maps shall be approved  by  local  law.  After
 such  map or maps have been adopted, the county shall have the authority
 to issue leases for [kelp] SEAWEED cultivation within the [kelp] SEAWEED
 cultivation zones, as provided herein. Such map or maps shall be updated
 by the county of Suffolk every five years.
   [f.] A. Underwater lands within one thousand feet of  the  high  water
 mark shall not be included in a [kelp] SEAWEED cultivation zone.
   [g.] B. Underwater lands where bay scallops are produced regularly and
 harvested  on a commercial basis shall not be included in a [kelp] SEAW-
 EED cultivation zone.
   [h.] C. Underwater lands where  there  is  an  indicated  presence  of
 shellfish  in  sufficient  quantity  and  quality  and  so located as to
 support significant hand raking and/or tonging harvesting shall  not  be
 included in a [kelp] SEAWEED cultivation zone.
   [i.]  D.  Underwater  lands where the leasing will result in a signif-
 icant reduction of established commercial finfish or crustacean  fisher-
 ies shall not be included in a [kelp] SEAWEED cultivation zone.
   [j.]  9.  REGULATIONS  FOR  SEAWEED  CULTIVATION. The county shall, by
 local law, before leasing any such underwater lands,  adopt  regulations
 governing:
   [(i)] A. applications for leases;
   [(ii)] B. notices to be given;
   [(iii)] C. the form and terms of leases;
   [(iv)] D. standards for the approval or denial of leases;
   [(v)] E. administration of leases;
   [(vi)] F. the transfer or renewal of leases;
   [(vii)] G. marking grounds and testing;
   [(viii)] H. fees;
   [(ix)] I. recording of leases;
   [(x)] J. bonds; and
   [(xi)]  K.  such  other  matters  as  are  appropriate  to the leasing
 program.
   [k.] 10. DEPARTMENT AUTHORITY OVER SEAWEED CULTIVATION.  Notwithstand-
 ing any of the provisions of this section:
   [(i)]  A.  any  person  engaging  in  the cultivation or harvesting of
 [kelp] SEAWEED in a [kelp] SEAWEED cultivation  zone  pursuant  to  this
 section shall obtain all permits required by this chapter;
   [(ii)]  B.  the department [shall] MAY regulate and control the use of
 certain types of vessels and equipment for  harvesting  [kelp]  SEAWEED,
 requirements  for  reseeding, the right to enter upon such leased lands,
 and enforce all other applicable state laws relating to said  underwater
 lands; and
   [(iii)]  C.  any  person  engaging in the cultivation or harvesting of
 [kelp] SEAWEED in a [kelp] SEAWEED cultivation  zone  pursuant  to  this
 section  shall  [receive approval from the commissioner] OBTAIN A PERMIT
 IN ACCORDANCE WITH SECTION 13-0316 OF THIS TITLE.
   [8.] 11. Duties of the county clerk. Leases issued  pursuant  to  this
 section  shall  be  recorded  in  the  office of the county clerk in the
 manner and form to be determined by local law as provided in subdivision
 five of this section.
 S. 7833                             4
 
   [9.] 12. Summary proceedings. Upon the failure of a lessee to pay  the
 rental  on  any date due under the terms of the lease or upon revocation
 as provided for by local law pursuant to subdivision five  or  seven  of
 this section, the county may, after written notice to the lessee declare
 the  lease  cancelled  as  of the date set forth in such notice, and may
 immediately thereafter evict the lessee from such lands. The  provisions
 of  article seven of the real property actions and proceedings law shall
 apply and govern the procedure in such case.
   [10.] 13. Disposition of fees and rents. All fees and  rents  received
 shall  be deposited into the general fund of the county. However, in the
 alternative, nothing shall prohibit the county of Suffolk, by local law,
 from establishing a special fund for the promotion of aquaculture  where
 such fees and rents shall be deposited.
   §  3. Subdivision 10 of section 13-0302 of the environmental conserva-
 tion law, as added by chapter 322 of the laws of  2016,  is  amended  to
 read as follows:
   [10.]  14.  Suffolk county shall be authorized to allow the underwater
 lands at Gardiner's and Peconic Bays within  the  shellfish  cultivation
 zone  to  be  used  for the implementation of a pilot program to conduct
 research and scientific assessment of the feasibility of seaweed  culti-
 vation.   Such pilot program shall be limited to persons holding a lease
 from Suffolk county for shellfish cultivation and shall be limited to  a
 total  of  five  acres  of  such  cultivation zone provided that any one
 person may be authorized to conduct seaweed cultivation on no more  than
 one  acre  of  the  lease.  Suffolk county shall provide a report to the
 legislature and the department on the pilot program no later than  Janu-
 ary first, two thousand twenty-six.
   §  4.  Notwithstanding  the  provisions  of  article  5 of the general
 construction law, the provisions of subdivision 10 of section 13-0302 of
 the environmental conservation law, as amended by section three of  this
 act,  are  hereby revived and shall continue in full force and effect as
 such provisions existed on the day before the date of a chapter  of  the
 laws  of  2021,  amending the environmental conservation law relating to
 permitting kelp cultivation in underwater lands at Gardiner's and Pecon-
 ic bays and commercial fishing  licenses,  as  proposed  in  legislative
 bills numbers S.6532-A and A.7547-A, takes effect.
   §  5.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws  of  2021,  amending  the  environmental
 conservation  law  relating to permitting kelp cultivation in underwater
 lands at Gardiner's and Peconic bays and commercial fishing licenses, as
 proposed in legislative  bills  numbers  S.6532-A  and  A.7547-A,  takes
 effect;  provided  that  the  amendments  to  subdivision  10 of section
 13-0302 of the environmental conservation law made by section  three  of
 this  act  shall  not affect the repeal of such subdivision and shall be
 deemed repealed therewith.