Enacts the "Peconic Bay estuary protection act"

BILL NUMBER:S3574A

Title of bill

An act to amend the environmental conservation law, in relation to enacting the "Peconic Bay estuary protection act"

Purpose

To provide for the implementation of the recommendations of the Comprehensive Conservation and Management Plan (the "Plan") created for the Peconic Bay estuary system pursuant to the National Estuary Program (the "NEP")

Summary of provisions

The bill (the "Bill") amends the Environmental Conservation Law by adding a new Article 58 thereto, which establish the Peconic Bay Estuary Protection Act (the "Act"). The Act establishes the Peconic Region Maritime Reserve Council, which shall assist federal, state and local governments coordinate their efforts to implement the Plan.

This Act also establishes the Peconic Bay Regional Conservation Partnership Program within the Department of Environmental Conservation (the "Department") to administer partnership agreements between the Department and (i) Suffolk County and/or (ii) local governments located within the Long Island Pine Barrens Maritime Reserve.

The Act provides for the implementation of Peconic Bay Estuary implementation projects. Under the Act, "Peconic Bay estuary implementation projects" means those projects recommended as part of the Plan or an action plan for the Peconic Bay estuary, which serve a public purpose designated to improve or maintain surface water quality, undertaken by the state, municipality or a not-for-profit corporation, which demonstrates to the Commissioner's satisfaction that it is financially and otherwise capable of completing such project.

Justification

The Peconic Bay Estuary (the "Estuary") is a remarkable resource of national significance. It supports the economic, recreational and quality of life pursuits of the more than one million visitors to the East End of Long Island each year as well as its year end population. Estuaries are where land and sea meet with both contributing to an ecosystem of specialized plants and animals all interacting within the complex food web. Beaches, dunes, salt marshes, intertidal mud and sand flats, tidal creeks and eelgrass meadows provide shelter and nursery areas to a wide range of animals. People are attracted to estuaries because of their recreational use and the potential to make a living from the rich resources estuaries provide.

The Estuary is on the brink of being seriously impacted by overuse. By setting management actions that foster commercial and recreational use that is sustainable and compatible with protection of biodiversity, we can ensure a balance between preservation and the wise use of the Estuary's natural resource is struck.

The Estuary is one of twenty-eight estuaries across the country designated as an estuary of national significance under the NEP and was formally accepted into the NEP in 1992. The purpose of the NEP is to develop water-based comprehensive management plans for estuaries of

national significance which are threatened by pollution, development or overuse. Since 1992, the State, Suffolk County and the EPA, together with local governments, citizen, business and environmental groups, and other stakeholders within the Peconic Bay region have worked together as the Peconic Bay Estuary Program Management Conference to create a comprehensive management plant to protect the Estuary.

The Plan has been completely approved by the Governor and the EPA. It is the purpose of the Bill to provide for the implementation of the recommendations made in said Plan.

Legislative history

2011-12 S.1601; 2009-10 S. 305; S.554, 2007-08; S.1632, 2005-06; S.1662-B, 2003-04; S.5011-B, 2001-02.

Fiscal implications

To be determined.

Effective date

The bill takes effect 180 days after the date on which it shall have become a law.