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

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.