Extends the indemnification to certain communities relating to the Hudson river valley greenway.
Ayes (12): Grisanti, Johnson, LaValle, Little, Maziarz, O'Mara, Young, Espaillat, Oppenheimer, Perkins, Serrano, Stewart-Cousins
Ayes W/R (1): Avella
Excused (1): Marcellino
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.
STATE OF NEW YORK ________________________________________________________________________ 7106 IN 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,
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