S T A T E   O F   N E W   Y O R K
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                                  5609

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2013
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT,  TITONE, CYMBROWITZ, GABRYSZAK,
  COLTON, GUNTHER, CASTRO, MILLMAN -- Multi-Sponsored by  --  M.  of  A.
  COOK, GOTTFRIED, WEISENBERG -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09204-01-3

              

A. 5609                             2

  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
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 FISHER-
IES;  (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-

A. 5609                             3

MENTS  OF THE SPATIAL PLAN INCLUDING PROCEDURES FOR APPROVAL OF USES AND
ACTIVITIES AND FOR VARIANCES IN CASES OF  HARDSHIPS.  IN  PREPARING  THE
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.