Establishes certain procedures for environmental review of leases, easements, permits and conveyances of other interests in certain state-owned lands underwater

BILL NUMBER:S3575

Title of bill

An act to amend the environmental conservation law and the public lands law, in relation to leases, easements, permits and conveyances of other interests for certain state-owned lands underwater

Purpose

This bill allows local residents to have their concerns heard on the leasing of State underwater lands for commercial purposes.

Summary of provisions

The bill amends the Public Lands law to require the Secretary of State to review underwater land leases for consistency with the State's coastal zone management policies.

The bill creates a new subsection dealing with State owned lands over one mile from shore that are leased for commercial use of structures, platforms or moorings not including marinas or other facilities used for the berthing, moving storage of and service of pleasure vessels, rowboats and canoes. For these properties, the OGS Commissioner shall prepare an environmental Impact Statement (EIS) on the issuance of any lease, and hold public hearing in the localities affected by the lease. The bill requires, before a lease is granted, the Secretary of the State and the Commissioner of the Department of Environmental Conservation (DEC) to review and commend conditions by for consistency of the lease with State's coastal zone management policies and on the protection of the environment and natural resources, respectively.

In addition, this section requires the OGS Commissioner to consider the information gained from the EIS and public hearings in granting a lease, and incorporate such information and recommendations from the DEC Commissioner and the Secretary of State into any lease. The OGS Commissioner is also granted the authority to deny the issuance of a lease if DEC Commissioner finds that environment or natural resources cannot be adequately protected, or if the Secretary of State finds the lease is not consistent with the State's coastal zone management policies, or if the preponderance of evidence from the EIS or the public hearings shows that the lease would have substantial negative effects upon the health and welfare of New York State.

Existing law

Current law, requires underwater lands leases to be reviewed by the DEC Commissioner and she shall recommend conditions to protect the environment and natural resources. The Secretary of State shall also review the lease for coastal issues not for consistency with the State's coastal zone management policies.

The current law has no requirements for environmental impact statements or for public hearings.

Current law only allows the OGS Commissioner to deny a lease if the DEC Commissioner in administrative findings finds that environment or natural resources cannot be adequately protected.

Justification

Currently, major projects which require the use of the State owned underwater bottom lands take no consideration of the local or environmental effects. This bill allows for local input into leasing decisions, offering communities a chance to make the Office of General Services aware of their concerns.

The bill requires OGS to conduct and EIS on any lease. It is imperative that OGS do an independent assessment of the effect of the lease. The citizens of New York State deserve the chance to have an autonomous review of the lease and its future effects on the environment and the State's residents.

The bill also expands the reasons for which the Commissioner of OGS may deny the issuance of a lease. This provision offers New Yorkers a real option to stop projects and leases that are detrimental to the State and the environment

Legislative history

2009-10: S.3611; S.2007-08, S.5528; S.3658-A, 2005-06.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This bill takes effect 60 days after it becomes law.