NY State Senate Bill S8750

Archive: Last Bill Status Via A4077 - Signed by Governor

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

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 21, 2020	signed chap.170
Sep 16, 2020	delivered to governor
Jul 23, 2020	returned to assembly passed senate 3rd reading cal.957 substituted for s8750
Jul 23, 2020	substituted by a4077a
Jul 22, 2020	ordered to third reading cal.957
Jul 20, 2020	reported and committed to rules
Jul 14, 2020	committee discharged and committed to environmental conservation referred to rules

Votes

view votes

Jul 23, 2020 - floor Vote

A4077A

floor

Aye

Nay

Absent

Excused

Abstained

Jul 22, 2020 - Rules committee Vote

S8750

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jul 20, 2020 - Environmental Conservation committee Vote

S8750

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S8750 (ACTIVE) - Details

See Assembly Version of this Bill:: A4077
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-0535, En Con L

S8750 (ACTIVE) - Summary

Requires the commissioner of the department of environmental conservation to include species designated by the Secretary of the Interior as endangered or threatened to the endangered and threatened species list.

S8750 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8750

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
removal of species from the endangered and threatened species list

 
PURPOSE OR GENERAL IDEA OF BILL:

To protect endangered and threatened species that still require such
protection in New York in the event that the Department of Interior
removes its endangered or threatened designation.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill amends subdivision 1 of section 11-0535 of the
environmental conservation law, as amended by chapter 706 of the laws of
2005 to require any endangered and threatened species, as designated by
the

Secretary of the Interior, to continue to be subject to the restrictions
of section 11-0535, regardless of removal of such designation as an
endangered or threatened species by the U.S.

Secretary of the Interior.

Section 2 establishes the effective date

 
JUSTIFICATION:

Since the enactment of New York State's Endangered Species Act in 1970,
the State has recognized the protection of fish and wildlife as a matter
of pressing state concern. It is the duty of the State to take action to
assure the continued survival of its endangered species of fish and
wildlife and their critical habitat.

Under the current structure of New York statute, species that are
afforded protection as a result of designation by the United States
Department of Interior's Fish and Wildlife Service, independent of State
action, are vulnerable to decisions made at the federal level.  For
example, in the case where the Secretary removes endangered and threat-
ened designation for species that do not have specific state desig-
nation, state law affords no continuing protection. A number of New York
species that are listed as endangered or threatened are currently
protected based solely on their federal designation. If the Secretary of
the Interior were to delist these species, they would no longer be
protected in New York, placing their populations and critical habitat in
jeopardy. It is critical that once a species is afforded protection in
New York State, that only the State itself has the authority to extend
or remove these protections based on its own investigations, and the
best interests of the fish and wildlife within its borders.

This bill would extend the authority of the commissioner to protect
endangered or threatened species it so chooses, that are at risk of
losing protection within New York State as a result of action by the
U.S. Secretary of the Interior.

 
LEGISLATIVE HISTORY:
2020: 55196 passed the Senate. 2019: S5196 passed the Senate.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S8750 (ACTIVE) - Bill Text download pdf


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

                                  8750

                            I N  S E N A T E

                              July 14, 2020
                               ___________

Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the environmental conservation law, in relation  to  the
  removal of species from the endangered and threatened species list

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

  Section 1. Subdivision 1  of  section  11-0535  of  the  environmental
conservation  law,  as  amended  by  chapter 706 of the laws of 2005, is
amended to read as follows:
  1. For the purposes of this section, "endangered species"  shall  mean
those  species  of fish, shellfish, crustacea and wildlife designated by
the department, by regulation filed with  the  Secretary  of  State,  as
seriously  threatened  with  extinction, "threatened species" shall mean
those species of fish and wildlife  designated  by  the  department,  by
regulation filed with the Secretary of State, which are likely to become
endangered  species  within  the  foreseeable future throughout all or a
significant portion of their range, and  "species  of  special  concern"
shall  mean those species of fish and wildlife designated by the depart-
ment, by regulation filed with the Secretary of State, which  are  found
by the department to be at risk of becoming threatened in New York. Such
regulation  shall include, but not be limited to, endangered and threat-
ened species  as  so  designated  by  the  Secretary  of  the  Interior,
provided,  however,  that  such  regulation shall take effect sixty days
after it has been filed with  the  Secretary  of  State,  and  provided,
further,  that  [the]  ANY ENDANGERED OR THREATENED SPECIES AS SO DESIG-
NATED BY  THE  SECRETARY  OF  THE  INTERIOR  SHALL  BE  SUBJECT  TO  THE
RESTRICTIONS  OF  THIS SECTION, REGARDLESS OF THE REMOVAL OF SUCH DESIG-
NATION AS AN ENDANGERED OR THREATENED SPECIES BY THE  SECRETARY  OF  THE
INTERIOR.  THE  commissioner may exclude any such species as the commis-
sioner may determine after investigation to be no longer  endangered  or
threatened from the restrictions of this section.
  § 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08488-06-0

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The New York State Senate

senate Bill S8750

Sponsored By

Archive: Last Bill Status Via A4077 - Signed by Governor

Your Voice

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Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Jul 20, 2020 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jul 20, 2020

Co-Sponsors

S8750 (ACTIVE) - Details

S8750 (ACTIVE) - Summary

S8750 (ACTIVE) - Sponsor Memo

S8750 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8750

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status Via A4077 - Signed by Governor

Your Voice

Actions

Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Jul 20, 2020 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jul 20, 2020

Co-Sponsors

James Gaughran

John C. Liu

José M. Serrano

S8750 (ACTIVE) - Details

S8750 (ACTIVE) - Summary

S8750 (ACTIVE) - Sponsor Memo

S8750 (ACTIVE) - Bill Text download pdf

Comments