NY State Senate Bill 2011-S2741A

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2012	recommit, enacting clause stricken
Jan 04, 2012	referred to environmental conservation
Jun 24, 2011	committed to rules
May 02, 2011	advanced to third reading
Apr 13, 2011	2nd report cal.
Apr 12, 2011	1st report cal.340
Apr 05, 2011	print number 2741a
Apr 05, 2011	amend and recommit to environmental conservation
Jan 31, 2011	referred to environmental conservation

Votes

- Apr 12, 2011 - Environmental Conservation Committee Vote
  S2741A
  
  Aye
  
  8
  
  Nay
  
  1
  
  Aye with Reservations
  
  4
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Environmental Conservation Committee Vote: Apr 12, 2011
      
      aye (8)
      
      Avella
      
      Espaillat
      
      Grisanti
      
      Marcellino
      
      Perkins
      
      Serrano
      
      Stewart-Cousins
      
      Young
      
      nay (1)
      
      Johnson
      
      aye wr (4)
      
      LaValle
      
      Little
      
      Maziarz
      
      O'Mara
      
      excused (1)
      
      Oppenheimer

Bill Amendments

2011-S2741 - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 13 Title 7 §§13-0701 - 13-0705, En Con L
Versions Introduced in 2009-2010 Legislative Session:: S8343

2011-S2741 - Summary

Establishes the seagrass protection act; defines terms; outlines department of environmental conservation's responsibilities in developing seagrass management areas.

2011-S2741 - Sponsor Memo

2011-S2741 - Bill Text download pdf

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

                                  2741

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing the seagrass protection act

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

  Section 1. Article 13 of the environmental conservation law is amended
by adding a new title 7 to read as follows:
                                  TITLE 7
                         SEAGRASS PROTECTION ACT
SECTION 13-0701. SHORT TITLE.
        13-0703. DEFINITIONS.
        13-0705. DEPARTMENTAL RESPONSIBILITIES.
        13-0707. FERTILIZER REDUCTION IN COASTAL COMMUNITIES.
S 13-0701. SHORT TITLE.
  THIS ACT SHALL BE KNOWN AND MAY BE CITED AS  THE  SEAGRASS  PROTECTION
ACT.
S 13-0703. DEFINITIONS.
  1.  "COASTAL COMMUNITY" SHALL MEAN A MUNICIPAL CORPORATION, AS DEFINED
IN SECTION TWO OF THE GENERAL MUNICIPAL LAW, IN NASSAU AND SUFFOLK COUN-
TIES.
  2. "FERTILIZER" SHALL MEAN A COMMERCIAL FERTILIZER DISTRIBUTED  PRIMA-
RILY  FOR NON-FARM USE, SUCH AS HOME GARDENS, LAWNS, SHRUBBERY, FLOWERS,
MUNICIPAL GOLF COURSES AND MUNICIPAL PARKS.
  3. "SEAGRASS" SHALL MEAN ROOTED,  VASCULAR,  FLOWERING  MARINE  PLANTS
THAT  ARE  SUBMERGED  IN  NEW  YORK'S BAYS AND COASTAL WATERS, INCLUDING
ZOSTERA MARINA AND RUPPIA MARITIME.
S 13-0705. DEPARTMENTAL RESPONSIBILITIES.
  1. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO ADOPT  RULES  AND  REGU-
LATIONS TO REGULATE COASTAL AND MARINE ACTIVITIES THAT THREATEN SEAGRASS
BEDS OR SEAGRASS RESTORATION EFFORTS, INCLUDING THE DESIGNATION OF SEAG-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03865-01-1

S. 2741                             2

RASS  MANAGEMENT  AREAS  PURSUANT  TO SEAGRASS MANAGEMENT PLANS.  DESIG-
NATION OF SUCH AREAS SHALL INCLUDE CONSIDERATION,  ON  A  GEOGRAPHIC  OR
ESTUARINE BASIS, OF LIKELY THREATS TO SEAGRASS.
  2.  FOR EACH DESIGNATED SEAGRASS MANAGEMENT AREA, THE DEPARTMENT SHALL
DEVELOP AND ADOPT A SEAGRASS MANAGEMENT PLAN TO GUIDE THE DEVELOPMENT OF
RULES AND REGULATIONS PURSUANT TO SUBDIVISION ONE OF THIS SECTION.  SUCH
PLAN SHALL BE  DEVELOPED  AFTER  CONSULTATION  WITH  LOCAL  GOVERNMENTS,
REPRESENTATIVES  OF RECREATIONAL BOATING INTERESTS, THE MARINE INDUSTRY,
AFFECTED PROPERTY OWNERS AND OTHER STAKEHOLDERS, SO  AS  TO  EFFECTIVELY
MANAGE  AND  PROTECT  SEAGRASS BEDS AND SEAGRASS RESTORATION EFFORTS. IN
ADDITION, SEAGRASS MANAGEMENT PLANS SHALL SEEK TO  PRESERVE  TRADITIONAL
RECREATIONAL ACTIVITIES, INCLUDING RECREATIONAL BOATING AND MARINA OPER-
ATIONS,  AS  WELL AS FINFISHING, SHELLFISHING AND TOURISM WHILE ENSURING
SUCH ACTIVITIES DO NOT THREATEN SEAGRASS BEDS OR NEGATE SEAGRASS  RESTO-
RATION EFFORTS.
  3.  THE  DEPARTMENT  SHALL  HAVE  THE AUTHORITY TO RESTRICT THE USE OF
MECHANICAL-POWERED FISHING OR SHELLFISHING GEAR WHICH MAY  IMPACT  SEAG-
RASS BEDS, INCLUDING CHURNING, DREDGES, RAKES AND TONGS.
  4.  THE  DEPARTMENT  SHALL IDENTIFY PESTICIDES AND HERBICIDES THAT ARE
TOXIC TO SEAGRASS AND MAKE RECOMMENDATIONS CONCERNING RESTRICTING  THEIR
USE IN COASTAL AREAS.
  5.  THE DEPARTMENT SHALL MAKE INFORMATION CONCERNING THE IMPORTANCE OF
SEAGRASS PROTECTION AND  THE  STATUS  OF  SEAGRASS  RESTORATION  EFFORTS
AVAILABLE ON THE DEPARTMENT WEBSITE.
S 13-0707. FERTILIZER REDUCTION IN COASTAL COMMUNITIES.
  1. A PERSON IN A COASTAL COMMUNITY MAY NOT APPLY A FERTILIZER CONTAIN-
ING  THE PLANT NUTRIENT PHOSPHORUS AFTER NOVEMBER FIRST AND BEFORE APRIL
FIRST.
  2. ANY LOCAL LAW OR ORDINANCE OF ANY COUNTY, OR OF  ANY  CITY  WITH  A
POPULATION  OF  ONE  MILLION  OR  MORE,  WHICH  IS INCONSISTENT WITH THE
PROVISIONS OF THIS TITLE SHALL NOT BE PREEMPTED IF  SUCH  LOCAL  LAW  OR
ORDINANCE PROVIDES ENVIRONMENTAL PROTECTION EQUAL TO OR GREATER THAN THE
PROVISIONS OF THIS TITLE.
  S  2. This act shall take effect on the one hundred fiftieth day after
it shall have become a law.

2011-S2741A (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 13 Title 7 §§13-0701 - 13-0705, En Con L
Versions Introduced in 2009-2010 Legislative Session:: S8343

2011-S2741A (ACTIVE) - Summary

Establishes the seagrass protection act; defines terms; outlines department of environmental conservation's responsibilities in developing seagrass management areas.

2011-S2741A (ACTIVE) - Sponsor Memo

2011-S2741A (ACTIVE) - Bill Text download pdf

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

                                 2741--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  establishing the seagrass protection act

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

  Section 1. Article 13 of the environmental conservation law is amended
by adding a new title 7 to read as follows:
                                  TITLE 7
                         SEAGRASS PROTECTION ACT
SECTION 13-0701. SHORT TITLE.
        13-0703. DEFINITIONS.
        13-0705. DEPARTMENTAL RESPONSIBILITIES.
S 13-0701. SHORT TITLE.
  THIS  ACT  SHALL  BE KNOWN AND MAY BE CITED AS THE SEAGRASS PROTECTION
ACT.
S 13-0703. DEFINITIONS.
  1. "COASTAL COMMUNITY" SHALL MEAN A MUNICIPAL CORPORATION, AS  DEFINED
IN SECTION TWO OF THE GENERAL MUNICIPAL LAW, IN NASSAU AND SUFFOLK COUN-
TIES.
  2.  "SEAGRASS"  SHALL  MEAN  ROOTED, VASCULAR, FLOWERING MARINE PLANTS
THAT ARE SUBMERGED IN NEW YORK'S  BAYS  AND  COASTAL  WATERS,  INCLUDING
SPARTINA ALTERNIFLORA, ZOSTERA MARINA AND RUPPIA MARITIME.
S 13-0705. DEPARTMENTAL RESPONSIBILITIES.
  1.    THE DEPARTMENT SHALL DESIGNATE SEAGRASS MANAGEMENT AREAS. DESIG-
NATION OF SUCH AREAS SHALL INCLUDE CONSIDERATION,  ON  A  GEOGRAPHIC  OR
ESTUARINE BASIS, OF LIKELY THREATS TO SEAGRASS.
  2.  FOR EACH DESIGNATED SEAGRASS MANAGEMENT AREA, THE DEPARTMENT SHALL
DEVELOP AND ADOPT A SEAGRASS MANAGEMENT PLAN TO GUIDE THE DEVELOPMENT OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03865-03-1

S. 2741--A                          2

RULES AND REGULATIONS PURSUANT TO SUBDIVISION  THREE  OF  THIS  SECTION.
SUCH  PLAN SHALL BE DEVELOPED AFTER CONSULTATION WITH LOCAL GOVERNMENTS,
REPRESENTATIVES OF RECREATIONAL BOATING INTERESTS, THE MARINE  INDUSTRY,
AFFECTED  PROPERTY  OWNERS  AND OTHER STAKEHOLDERS, SO AS TO EFFECTIVELY
MANAGE AND PROTECT SEAGRASS BEDS AND SEAGRASS  RESTORATION  EFFORTS.  IN
ADDITION,  SEAGRASS  MANAGEMENT PLANS SHALL SEEK TO PRESERVE TRADITIONAL
RECREATIONAL ACTIVITIES, INCLUDING RECREATIONAL BOATING AND MARINA OPER-
ATIONS, AS WELL AS FINFISHING, SHELLFISHING AND TOURISM  WHILE  ENSURING
SUCH  ACTIVITIES DO NOT THREATEN SEAGRASS BEDS OR NEGATE SEAGRASS RESTO-
RATION EFFORTS.
  3. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO ADOPT  RULES  AND  REGU-
LATIONS TO REGULATE COASTAL AND MARINE ACTIVITIES THAT THREATEN SEAGRASS
BEDS OR SEAGRASS RESTORATION EFFORTS.
  4.  THE  DEPARTMENT  SHALL  HAVE  THE AUTHORITY TO RESTRICT THE USE OF
MECHANICAL-POWERED FISHING OR SHELLFISHING GEAR WHICH MAY  IMPACT  SEAG-
RASS BEDS, INCLUDING CHURNING, DREDGES, RAKES AND TONGS.
  5.  THE  DEPARTMENT  SHALL IDENTIFY PESTICIDES AND HERBICIDES THAT ARE
TOXIC TO SEAGRASS AND MAKE RECOMMENDATIONS CONCERNING RESTRICTING  THEIR
USE IN COASTAL AREAS.
  6.  THE DEPARTMENT SHALL MAKE INFORMATION CONCERNING THE IMPORTANCE OF
SEAGRASS PROTECTION AND  THE  STATUS  OF  SEAGRASS  RESTORATION  EFFORTS
AVAILABLE ON THE DEPARTMENT WEBSITE.
  S  2. This act shall take effect on the one hundred fiftieth day after
it shall have become a law.

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Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S2741A

Sponsored By

Archive: Last Bill Status - Stricken

Actions

Votes

Apr 12, 2011 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: Apr 12, 2011

Bill Amendments

2011-S2741 - Details

2011-S2741 - Summary

2011-S2741 - Sponsor Memo

2011-S2741 - Bill Text download pdf

2011-S2741A (ACTIVE) - Details

2011-S2741A (ACTIVE) - Summary

2011-S2741A (ACTIVE) - Sponsor Memo

2011-S2741A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S2741A

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Sponsored By

Tony Avella

Archive: Last Bill Status - Stricken

Actions

Votes

Bill Amendments

2011-S2741 - Details

2011-S2741 - Summary

2011-S2741 - Sponsor Memo

2011-S2741 - Bill Text download pdf

2011-S2741A (ACTIVE) - Details

2011-S2741A (ACTIVE) - Summary

2011-S2741A (ACTIVE) - Sponsor Memo

2011-S2741A (ACTIVE) - Bill Text download pdf

Comments