S T A T E   O F   N E W   Y O R K
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                                  6304

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2015
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10019-01-5
              

A. 6304                             2

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

A. 6304                             3

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.