NY State Senate Bill 2015-S4663

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

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
Apr 01, 2015	referred to environmental conservation

2015-S4663 (ACTIVE) - Details

See Assembly Version of this Bill:: A6728
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §25-0403, En Con L
Versions Introduced in 2013-2014 Legislative Session:: S3707, A4837

2015-S4663 (ACTIVE) - Summary

Relates to granting tidal wetland permits.

2015-S4663 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4663

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to granting of tidal wetland permits

PURPOSE:

Relates to the granting of tidal wetland permits.

SUMMARY OF PROVISIONS:

Section 25-0403 of the Environmental Conservation Law is amended by
adding three new subdivisions 4, 5 and 6 relating to tidal wetland
permits

JUSTIFICATION:

Tidal wetlands serve as critical habitat for countless species of
birds, fish, shellfish and wildlife; act as natural buffers to protect
the shoreline from erosion and coastal flooding; and, filter harmful
pathogens, nutrients and toxics from land and stormwater runoff. Aside
from their environmental and ecological value, tidal wetlands are of
incredible economic importance.

Sadly, tidal wetlands in New York's Marine District are declining.
While the New York Tidal Wetlands Act does protect NY's tidal

wetlands, these vulnerable and fragile environments are now
susceptible to different threats than those when the Act was first
instituted. In fact, New York's Tidal Wetland Inventory Maps have not
been updated since 1974.

It is important to require the New York State Department of
Environmental Conservation to fully evaluate tidal wetland migration
pathways, sea level rise, coastal storms and climate change prior to
issuing any tidal wetlands permit. We are already starting to see the
effects of sea level rise and climate change on Long Island's
wetlands. This mirrors a recommendation of the New York State Sea
Level Rise Task Force.

Further, by limiting the life of a tidal wetland permit, we can ensure
that subtle and drastic site conditions are incorporated into the
implementation and extension of permits, with the intent to ensure
that permitted activities do not directly or indirectly harm the
health or extent of these important ecosystems.

LEGISLATIVE HISTORY:

2013-14: A.4837/S.3707

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4663 (ACTIVE) - Bill Text download pdf

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

    S. 4663                                                  A. 6728

                       2015-2016 Regular Sessions

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

                              April 1, 2015
                               ___________

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
  granting of tidal wetland permits

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

  Section 1. Section 25-0403 of the environmental  conservation  law  is
amended by adding three new subdivisions 4, 5 and 6 to read as follows:
  4.  TIDAL  WETLAND  PERMITS,  EXCEPT  FOR MAINTENANCE AND NEW DREDGING
PROJECTS, MAY BE GRANTED FOR A PERIOD OF NO MORE THAN FIVE  YEARS.  UPON
EXPIRATION,  AN  EXTENSION,  IF  REQUESTED, WILL NOT BE GRANTED UNLESS A
FULL, COMPLETE NEW  APPLICATION  IS  SUBMITTED  TO  THE  DEPARTMENT  FOR
REVIEW.
  5. IN GRANTING, DENYING OR LIMITING ANY PERMIT UNDER THIS SECTION, THE
DEPARTMENT  MUST  TAKE  INTO  ACCOUNT  SHORT AND LONG TERM TIDAL WETLAND
MIGRATION PATHWAYS, SEA LEVEL RISE,  AND  COASTAL  FLOODING  FROM  STORM
SURGES OF EXTREME WEATHER EVENTS WHICH MAY BECOME MORE FREQUENT WITH THE
ONSET  OF  CLIMATE CHANGE. THIS MAY REQUIRE THE DEPARTMENT TO PROMULGATE
RULES AND REGULATIONS PERTAINING TO SUCH CRITERIA.
  6. IN THE EVENT OF A PERMIT REMAINING INACTIVE FOR  THREE  YEARS,  THE
DEPARTMENT  MUST  RE-EVALUATE  THE  TERMS  AND CONDITIONS OF THE PERMIT,
LOCATION AND SCOPE OF THE PROJECT,  IF  AFTER  THOSE  THREE  YEARS,  THE
APPLICANT  CHOOSES  TO PROCEED. IN THE RE-EVALUATION OF SUCH PERMIT, THE
DEPARTMENT MUST APPLY ALL CRITERIA OUTLINED IN THIS SECTION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08158-01-5

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Senate Bill S4663

Sponsored By

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

2015-S4663 (ACTIVE) - Details

2015-S4663 (ACTIVE) - Summary

2015-S4663 (ACTIVE) - Sponsor Memo

2015-S4663 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4663

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Sponsored By

Kenneth P. LaValle

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

2015-S4663 (ACTIVE) - Details

2015-S4663 (ACTIVE) - Summary

2015-S4663 (ACTIVE) - Sponsor Memo

2015-S4663 (ACTIVE) - Bill Text download pdf

Comments