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Senate Bill S5269

2013-2014 Legislative Session

Relates to the defense and indemnification of towns and villages by the state under the Long Island Pine Barrens Act

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2013-S5269 (ACTIVE) - Details

See Assembly Version of this Bill:
A7399
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง57-0123, En Con L
Versions Introduced in 2015-2016 Legislative Session:
S1875, A2020

2013-S5269 (ACTIVE) - Summary

Relates to the defense and indemnification of towns and villages by the state under the Long Island Pine Barrens Act.

2013-S5269 (ACTIVE) - Sponsor Memo

2013-S5269 (ACTIVE) - Bill Text download pdf 

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

    S. 5269                                                  A. 7399

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 15, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

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

AN ACT to amend the environmental conservation law, in relation  to  the
  defense  and  indemnification of towns and villages by the state under
  the Long Island Pine Barrens act

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

  Section  1.  Subdivision  6  of  section  57-0123 of the environmental
conservation law is amended by adding a new paragraph  (d)  to  read  as
follows:
  (D)  THERE  SHALL  BE  NO DEFENSE OR INDEMNITY FOR A TOWN OR A VILLAGE
PURSUANT TO THIS SUBDIVISION WHERE THE LAND USE AND  ZONING  REGULATIONS
OF SUCH TOWN OR VILLAGE DO NOT PROVIDE SUFFICIENT RECEIVING DISTRICTS TO
ACCOMMODATE  THE  NUMBER OF PINE BARRENS DEVELOPMENT CREDITS OUTSTANDING
IN SUCH TOWN OR VILLAGE. THE COMMISSION,  ANNUALLY  ON  JUNE  THIRTIETH,
SHALL  CERTIFY  BY UNANIMOUS VOTE THAT FOR EACH TOWN AND VILLAGE, IT HAS
SUFFICIENT RECEIVING DISTRICTS TO ACCOMMODATE THE NUMBER OF PINE BARRENS
DEVELOPMENT CREDITS OUTSTANDING. WHERE THE COMMISSION FAILS TO MAKE SUCH
A CERTIFICATION FOR A TOWN OR VILLAGE, THERE  SHALL  BE  NO  DEFENSE  OR
INDEMNITY  FOR SUCH TOWN OR VILLAGE UNTIL THE COMMISSION AGAIN SO CERTI-
FIES. WHERE A TOWN OR VILLAGE IS NOT CERTIFIED, IT MAY THEREAFTER  AMEND
ITS LAND USE AND ZONING AND PETITION THE COMMISSION FOR RECERTIFICATION.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10337-02-3

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