S1755-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Jan 12, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S1755-2011 Memo

BILL NUMBER:S1755

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to application
fees for tidal wetlands permits

PURPOSE:
Decreases application fees for tidal wetlands permits.

SUMMARY OF PROVISIONS:
Subdivision 8 of section 70-0117 of the environmental conservation
law, as added by section 1 of part AAA of chapter 59 of the laws of
2009, is amended.

JUSTIFICATION:
The goal of this legislation is to make the fee structure for tidal
wetland and freshwater wetland permits the same, thereby eliminating
the current fee disparity. In the 2009-10 Budget, a provision was
included relating to fees for tidal and freshwater wetland permit
applications.
Although both applications require the filing of the same forms, there
is a huge disparity in the fees. Freshwater wetland fees range form
$50-$200 while the fees for tidal wetland permit applications range
from $200-$900. The discrepancy is alarming and should be adjusted to
reflect the same fee structure.

LEGISLATIVE HISTORY:
2009: S.5360

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

S1755-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 1755                                                  A. 1787
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 January 12, 2011
 
 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
 application fees for tidal wetlands permits
 

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

 

Section 1. Subdivision 8  of  section  70-0117  of  the  environmental
 conservation law, as added by section 1 of part AAA of chapter 59 of the
 laws of 2009, is amended to read as follows:

 8.  (a)  All  persons  required to obtain a permit from the department
 pursuant to section 24-0701 of this chapter shall submit to the  depart
 ment an application fee in an amount not to exceed the following:

 (i)  fifty dollars per application for a permit for a minor project as
 defined in this article or modification to any  existing  permit  issued
 pursuant to section 24-0701 of this chapter;
 (ii)  fifty  dollars  per  application  for a permit for a residential
 project defined as  associated  with  one  single  family  dwelling  and
 customary appurtenances thereto;
 (iii) one hundred dollars per application for multiple family dwelling
 and customary appurtenances thereto;
 (iv)  two  hundred  dollars per application for a permit for any other
 project as defined in this article.
 (b) All persons required to obtain a permit from the department pursu
 ant to section 25-0402 of this chapter shall submit to the department an
 application fee in an amount not to exceed the following:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03837-01-1
 
       S. 1755                             2                            A. 1787
 (i) [two hundred] FIFTY dollars per application for  a  permit  for  a
 minor project as defined in this article or modification to any existing
 permit issued pursuant to section 25-0402 of this chapter;
 (ii)  [nine]  TWO  hundred  dollars per application for a permit for a
 project as defined in this article.
 (c) All fees collected pursuant to this subdivision shall be deposited
 into the environmental protection fund pursuant to section  ninety-two-s
 of the state finance law.
 

S  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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