Extends the indemnification to certain communities relating to the Hudson river valley greenway.

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S7106-2011 Actions

• May 23, 2012: SUBSTITUTED BY A9791
• May 21, 2012: ADVANCED TO THIRD READING
• May 16, 2012: 2ND REPORT CAL.
• May 15, 2012: 1ST REPORT CAL.762
• Apr 30, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION

S7106-2011 Meetings

Environmental Conservation: May 15, 2012

S7106-2011 Calendars

Active List: May 23, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012

S7106-2011 Votes

S7106-2011 Memo

BILL NUMBER:S7106

TITLE OF BILL:
An act
to amend chapter 748 of the laws of 1991, amending the environmental
conservation law and various other laws relating to establishing the
Hudson river valley greenway, in relation to extending the expiration of
certain provisions relating to indemnity to communities

PURPOSE:
To provide a five year extension of the existing indemnity
provision included in the Greenway Act of 1991 for communities in the
Hudson River Valley Greenway for certain actions related to their
participation in the Greenway Compact.

SUMMARY OF PROVISIONS:
Extends the sunset date of December 31, 2012 in
Section 44-0119(7) of the environmental conservation law for five
additional years, until December 31, 2017.

EXISTING LAW:
Section 44-0119(7) of the Environmental Conservation
Law provides that communities in the Hudson River Valley Greenway, as
defined in the Greenway Act, that choose to participate in the
Greenway Compact, are provided indemnity from the state in the event
of legal actions brought against the community or its agents that may
result from the community's acquisition of land or the adoption or
implementation of land use controls that are consistent with the
Compact. This indemnity provision does not apply to the counties of
New York and Bronx for legal actions that result from New York City's
adoption of a regional plan or amendments to the plan. The indemnity
applies to the extent that any such claim exceeds the insurance
coverage obtained by the council, but does not apply to any claims
resulting from intentional wrongdoing, recklessness, gross negligence
or an unlawful discriminatory practice.

In any claim against a participating community of unlawful
discriminatory practice, the Attorney General shall not represent the
defendant(s). However, if the plaintiff in such action is not the
prevailing party, the state is required to reimburse the defendant(s)
for all reasonable attorneys' fees and related litigation expenses.
Section 44-0119(7) includes a sunset provision date of December
31, 2012

JUSTIFICATION:
This amendment is necessary in order to help further
the goals of the Greenway Act of 1991, and specifically, to help
develop the Greenway Compact in the Hudson River Valley. Currently,
communities that have adopted the Greenway Compact are indemnified by
the state against lawsuits brought as a result of the purchase of
land or land use controls or amendments pursuant to the Compact.

Those communities that have
adopted the Compact would lose this benefit if this subdivision were
allowed to expire.
Such an outcome could result in communities withdrawing their
participation in the compact.

LEGISLATIVE HISTORY:
The original Greenway Act of 1991 (Chapter 748 of
the Laws of 1991) included an expiration date of December 31, 1997
for the indemnity provisions of Section 44-0019(7). In 1997, the
expiration date was extended five years, until December 31, 2002
(Chapter 342 of the Laws of 1997). In 2002, the expiration was again
extended for five years until December 31, 2007 (Chapter 138 of the
Laws of 2002) and again in 2007 (Chapter 359 of the Laws of 2007).

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S7106-2011 Text

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

                                    7106

                              I N  SENATE

                               April 30, 2012
                                 ___________

  Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
    printed to be committed to the Committee on Environmental Conservation

  AN ACT to amend chapter 748 of the laws of 1991, amending  the  environ-
    mental  conservation law and various other laws relating to establish-
    ing the Hudson river valley greenway, in  relation  to  extending  the
    expiration of certain provisions relating to indemnity to communities

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


    Section 1. Section 18 of chapter 748 of the laws of 1991, amending the
  environmental conservation law and various other laws relating to estab-
  lishing the Hudson river valley greenway, as amended by chapter  359  of
  the laws of 2007, is amended to read as follows:

    S  18. This act shall take effect immediately; provided, however, that
  section 1104-a of the tax law as added by section sixteen  of  this  act
  shall  take effect March 1, 1992 and provided further that subdivision 7
  of section 44-0119 of the environmental conservation  law  as  added  by
  section  ten  of this act, and as amended, shall be repealed on December
  31, [2012] 2017.
    S 2. This act shall take effect immediately.






   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14935-01-2