S T A T E O F N E W Y O R K
________________________________________________________________________
4741
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 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 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
respect to coastal issues,] or shall deny the proposal if the commis-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05393-01-9
A. 4741 2
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
THE SECRETARY OF STATE DETERMINES THAT SUCH LEASE, EASEMENT, PERMIT, OR
A. 4741 3
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.