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Assembly Bill A3274

2009-2010 Legislative Session

Prohibits stewardship agreements for the preservation of a natural resource from authorizing the destruction or certain alterations of the natural resource

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Archive: Last Bill Status - In Assembly Committee

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2009-A3274 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง9-0113, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3948
2013-2014: A4319
2015-2016: A3079

2009-A3274 (ACTIVE) - Summary

Prohibits stewardship agreements for the preservation of a natural resource from authorizing the destruction or alteration of the natural resource in a manner inconsistent with the state's natural resource preservation policies; requires the department of environmental conservation to give public notice of any proposed adopt-a-natural resource stewardship agreement in the state environmental notice bulletin not less than 30 days before final approval of such agreement.

2009-A3274 (ACTIVE) - Bill Text download pdf 

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

                                  3274

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  adopt-a-natural resource stewardship program

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

  Section 1. The opening paragraph of subdivision 4 of section 9-0113 of
the environmental conservation law is designated paragraph a and  a  new
paragraph b is added to read as follows:
  B.  SUCH  PROCEDURES SHALL PROVIDE THAT NO STEWARDSHIP AGREEMENT SHALL
AUTHORIZE THE DESTRUCTION OF THE NATURAL RESOURCE NOR THE ALTERATION  OF
SUCH  RESOURCE  IN A MANNER INCONSISTENT WITH STATE LAW, RULES AND REGU-
LATIONS FOR THE PRESERVATION OF NATURAL RESOURCES. SUCH PROCEDURES SHALL
PROHIBIT THE USE OF HEAVY CONSTRUCTION EQUIPMENT TO CONSTRUCT, REFURBISH
OR BUILD PROJECTS  PURSUANT  TO  THE  STEWARDSHIP  AGREEMENT;  PROVIDED,
HOWEVER,  THAT  SUCH  PROCEDURES SHALL NOT PROHIBIT THE USE OF HAND-HELD
EQUIPMENT.  EVERY PROJECT SHALL BE SUBJECT  TO  THE  MANAGEMENT  OF  THE
DEPARTMENT.
  S  2.  Section 9-0113 of the environmental conservation law is amended
by adding a new subdivision 9 to read as follows:
  9.  THE  DEPARTMENT  SHALL  PROVIDE  PUBLIC  NOTICE  OF  ANY  PROPOSED
ADOPT-A-NATURAL  RESOURCE  STEWARDSHIP  AGREEMENT  IN THE STATE ENVIRON-
MENTAL NOTICE BULLETIN NO LATER THAN THIRTY DAYS PRIOR TO FINAL APPROVAL
BY THE DEPARTMENT.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that  any  rules,  regulations  and
procedures  necessary  to  implement  the  provisions of this act on its
effective date shall be  promulgated,  amended  and/or  repealed  on  or
before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06759-01-9

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