S T A T E   O F   N E W   Y O R K
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                                  4539

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

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
  providing  for  the  stewardship  of ocean resources; and to amend the
  state finance law, in relation to  establishing  the  ocean  resources
  stewardship trust fund

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

  Section 1. Section 14-0105 of the environmental  conservation  law  is
amended by adding three new subdivisions 6, 7 and 8 to read as follows:
  6. "OCEAN-BASED DEVELOPMENT" SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
DEVELOPMENT AND INSTALLMENT OF PERMANENT OR TEMPORARY STRUCTURES AND THE
MINING, REMOVAL OR OTHER EXPLORATION OF MARINE RESOURCES.
  7. "OCEAN MANAGEMENT PLANNING BOARD" OR "BOARD" MEANS THE BOARD ESTAB-
LISHED PURSUANT TO SUBDIVISION TWO OF SECTION 14-0115 OF THIS ARTICLE.
  8.  "OCEAN MANAGEMENT PLAN" MEANS THE PLAN PROVIDED FOR UNDER SUBDIVI-
SION THREE OF SECTION 14-0115 OF THIS ARTICLE.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 14-0115 to read as follows:
S 14-0115. STEWARDSHIP OF OCEAN RESOURCES.
  1.  LEGISLATIVE  FINDINGS AND PURPOSE. POLLUTION FROM TERRESTRIAL LAND
USE, COASTAL POPULATION GROWTH AND  RAPID  ADVANCES  IN  TECHNOLOGY  AND
COMMERCE  HAVE  LED  TO  A  SIGNIFICANT  INCREASE  IN DEGRADATION OF THE
STATE'S OCEAN RESOURCES. THE NEW YORK OCEAN AND  GREAT  LAKES  ECOSYSTEM
CONSERVATION  ACT  ENACTED BY THIS ARTICLE HAS ESTABLISHED THE ECOSYSTEM
BASED MANAGEMENT PRINCIPLES THAT CAN CHANGE  OFTEN  REACTIVE  AND  FRAG-
MENTED  PUBLIC DECISIONS BASED ON PARTICULAR RESOURCES TO INTEGRATED AND
EFFECTIVE MANAGEMENT OF OCEAN RESOURCES.
  IT IS THE PURPOSE OF THIS SECTION TO ESTABLISH  AN  OCEAN  STEWARDSHIP
POLICY  FOR  SOUND  ECOSYSTEM  BASED  MANAGEMENT  PRACTICES  TAKING INTO
ACCOUNT THE EXISTING NATURAL, SOCIAL, CULTURAL,  HISTORIC  AND  ECONOMIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08901-01-1
              

A. 4539                             2

CHARACTERISTICS  OF THE OCEAN PLANNING AREA; RECOGNITION THAT COMMERCIAL
AND RECREATIONAL FISHERIES ARE AN INTEGRAL  AND  HISTORIC  PART  OF  OUR
CULTURE  AND  CONTRIBUTE  SUBSTANTIAL ECONOMIC BENEFITS TO OUR CITIZENS,
PROTECTING  THE PUBLIC TRUST; VALUING BIODIVERSITY AND ECOSYSTEM HEALTH;
PROTECTING SPECIAL, SENSITIVE OR UNIQUE ESTUARINE AND  MARINE  LIFE  AND
HABITATS,  ADDRESSING  CLIMATE CHANGE AND SEA LEVEL RISE; RESPECTING THE
INTERDEPENDENCE OF ECOSYSTEMS; AND COORDINATING USES THAT INCLUDE FEDER-
AL, STATE AND LOCAL JURISDICTIONS.
  2. A. THERE IS HEREBY ESTABLISHED THE OCEAN MANAGEMENT PLANNING BOARD.
THE BOARD SHALL CONSIST OF THE COMMISSIONER WHO SHALL CHAIR  THE  BOARD,
THE SECRETARY OF STATE, THE COMMISSIONERS OF GENERAL SERVICES AND TRANS-
PORTATION,  THE  PRESIDENT  OF  THE  NEW  YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY AND THREE MEMBERS APPOINTED BY THE  GOVERNOR.  THE
APPOINTED  MEMBERS  SHALL  INCLUDE AT LEAST ONE MEMBER REPRESENTATIVE OF
THE INTERESTS OF RECREATIONAL OCEAN  FISHING.  APPOINTED  MEMBERS  SHALL
SERVE  FOR  TERMS  OF FOUR YEARS. MEMBERS OF THE BOARD SHALL NOT RECEIVE
ANY COMPENSATION, BUT APPOINTED MEMBERS SHALL BE ENTITLED TO THEIR ACTU-
AL AND NECESSARY EXPENSES IN PERFORMING THE DUTIES OF THEIR OFFICE.
  B. THE BOARD SHALL ADVISE THE COMMISSIONER IN THE PREPARATION  OF  THE
OCEAN  MANAGEMENT  PLAN  AND  UPON  ITS ADOPTION SHALL HAVE THE POWER TO
REVIEW AND ACT UPON APPLICATIONS FOR AMENDMENTS  AND  VARIANCES  TO  THE
PLAN.
  3.  A.  THE  COMMISSIONER,  IN  CONSULTATION WITH THE OCEAN MANAGEMENT
PLANNING BOARD, THE NEW YORK OCEAN AND GREAT LAKES  ECOSYSTEM  CONSERVA-
TION  COUNCIL AND OTHER ADVISORY BODIES, SHALL PREPARE AND PROMULGATE AN
OCEAN MANAGEMENT PLAN FOR THE OCEAN WATERS OF THE STATE OF NEW YORK FROM
THE MONTAUK LIGHT HOUSE TO THE NEW  YORK  HARBOR,  WHICH  SHALL  INCLUDE
MAPS,  ILLUSTRATIONS  AND OTHER MEDIA SETTING FORTH, AMONG OTHER THINGS,
THE STATE'S GOALS, POLICIES AND STANDARDS  FOR  ENSURING  THE  EFFECTIVE
STEWARDSHIP  OF  THE  OCEAN  WATERS HELD IN TRUST FOR THE BENEFIT OF THE
PUBLIC. SUCH PLAN SHALL INCLUDE A PLAN FOR OCEAN USE INCLUDING:  (I) THE
STATE'S GOALS, SITING PRIORITIES AND STANDARDS FOR THE USE AND  STEWARD-
SHIP  OF  THE  OCEAN; (II) TAKING INTO ACCOUNT EXISTING NATURAL, SOCIAL,
CULTURAL, HISTORIC AND ECONOMIC RESOURCES; (III) PRESERVING AND PROTECT-
ING THE PUBLIC TRUST; (IV) REFLECTING THE IMPORTANCE OF  THE  WATERS  TO
THE  COMMERCIAL AND RECREATIONAL FISHERMEN; (V) IDENTIFYING AND PROTECT-
ING SENSITIVE AQUATIC, ESTUARINE AND MARINE LIFE AND HABITATS WHICH  ARE
IMPORTANT  FOR  BIODIVERSITY AND ECOSYSTEM HEALTH THAT SUPPORT OUR FISH-
ERY; (VI) ADDRESSING CLIMATE CHANGE AND SEA LEVEL RISE; (VII)  FOSTERING
SUSTAINABLE USES THAT CAPITALIZE ON ECONOMIC OPPORTUNITY WITHOUT SIGNIF-
ICANT  ENVIRONMENTAL  IMPACTS;  (VIII)  PRESERVING  AND ENHANCING PUBLIC
ACCESS; (IX) SUPPORTING THE  INFRASTRUCTURE  NECESSARY  TO  SUSTAIN  THE
ECONOMY,  INCLUDING  COMMERCIAL  SHIPPING;  (X) FOSTERING PUBLIC PARTIC-
IPATION IN DECISION-MAKING; AND (XI) IDENTIFYING  APPROPRIATE  LOCATIONS
AND  PERFORMANCE  STANDARDS FOR VARIOUS OFFSHORE ECONOMIC USES INCLUDING
ENERGY GENERATION FACILITIES. THE PLAN SHALL IDENTIFY  MANAGEMENT  MEAS-
URES, INCLUDING BUT NOT LIMITED TO, SETTING PERFORMANCE STANDARDS, MITI-
GATION REQUIREMENTS AND USE LIMITATIONS, AS MAY BE APPLICABLE TO SPECIF-
IC GEOGRAPHIC AREAS AND SHALL INCLUDE STANDARDS AND  CRITERIA FOR SITING
SMALL-SCALE  OFFSHORE  RENEWABLE  ENERGY  FACILITIES,  INCLUDING BUT NOT
LIMITED TO COMPATIBILITY WITH EXISTING USES, APPROPRIATENESS OF TECHNOL-
OGY AND SCALE, ENVIRONMENTAL PROTECTION,  PUBLIC  SAFETY  AND  COMMUNITY
BENEFIT.    THE  PLAN SHALL ALSO PROVIDE FOR APPLICATION OF THE REQUIRE-
MENTS OF THE SPATIAL PLAN INCLUDING PROCEDURES FOR APPROVAL OF USES  AND
ACTIVITIES  AND  FOR  VARIANCES  IN CASES OF HARDSHIPS. IN PREPARING THE

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PLAN, THE COMMISSIONER SHALL REACH OUT TO STAKEHOLDERS AND OTHER  INTER-
ESTED PARTIES SEEKING THEIR RECOMMENDATIONS.
  B.  A  DRAFT  PLAN  SHALL BE SUBJECT TO THREE PUBLIC HEARINGS BEFORE A
FINAL VERSION IS SUBMITTED FOR REVIEW  AND  APPROVAL  OF  THE  GOVERNOR.
WITHIN  NINETY  DAYS  OF  RECEIVING  THE PLAN FROM THE COMMISSIONER, THE
GOVERNOR SHALL APPROVE THE PLAN OR RETURN THE PLAN TO  THE  COMMISSIONER
WITH  RECOMMENDED  CHANGES.  THIS PROCESS OF SUBMITTAL AND REVIEW BY THE
GOVERNOR SHALL CONTINUE UNTIL THERE IS A GOVERNOR  APPROVED  PLAN.  UPON
APPROVAL BY THE GOVERNOR, THE PLAN SHALL APPLY TO USES AND ACTIVITIES IN
THE  OCEAN  PLANNING  AREA AND APPLICATIONS FOR SUCH USES AND ACTIVITIES
SHALL BE MADE, REVIEWED AND ACTED UPON AS PROVIDED IN THE PLAN.
  S 3. The state finance law is amended by adding a new section 91-h  to
read as follows:
  S  91-H.  OCEAN  RESOURCES  STEWARDSHIP TRUST FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"OCEAN RESOURCES STEWARDSHIP TRUST FUND".
  2. THE OCEAN RESOURCES STEWARDSHIP TRUST FUND  SHALL  CONSIST  OF  ALL
REVENUE  FROM  THE  COMPENSATION OR MITIGATION RELATED TO OCEAN DEVELOP-
MENT, INCOME DERIVED FROM THE INVESTMENT OF AMOUNTS CREDITED TO THE FUND
AND ANY APPROPRIATION OR GRANT EXPLICITLY MADE TO THE FUND.
  3. MONEYS OF THE FUND, FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE,
SHALL  HAVE  THE  PRIORITY  USE  OF RESTORATION OR ENHANCEMENT OF MARINE
HABITAT AND RESOURCES RELATED TO THE IMPACTS  OF  THE  SPECIFIC  PROJECT
FROM WHICH THE COMPENSATION OR MITIGATION CAME.
  S  4.  The commissioner of environmental conservation, in consultation
with the New York ocean and Great Lakes ecosystem conservation  council,
shall  examine  the establishment and/or modification of fees, licenses,
permits, rents, leases and adjustment or development of revenue  sources
for  the purposes of ocean resource enhancement and restoration. Nothing
in this section shall provide for new or  additional  saltwater  fishing
licenses  or  any  similar  fees  or user permits for saltwater fishing.
Recommendations from such examination shall be made to the governor  and
the legislature.
  S  5.  This  act shall take effect on the thirtieth day after it shall
have become a law.