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Sponsors
1 Co-sponsor
History
- Print number 315a
- Amend and recommit to environmental conservation
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides for local tidal wetlands protection
In Assembly Committee · Environmental Conservation · Sponsor Fred Thiele
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to local tidal wetlands protection
Purpose
Provides for local tidal wetlands protection.
Summary of provisions
This bill adds a new Title 5 to Article 25 of the Environmental Conservation Law to allow each local government, after September 1, 2016, to adopt, amend and upon the filing of the appropriate tidal wetlands map, implement a tidal wetland protection law or ordinance to be applicable to all tidal wetlands wholly or partially within its jurisdiction. No local tidal wetlands protection law or ordinance shall be less protective of tidal wetlands than the regulations in effect pursuant to the provisions of the Environmental Conservation Law ("ECL") and no local tidal wetlands law or ordinance may affect the activities currently exempted from permit by Section 250401 of the ECL, such as commercial or recreational fishing or activities of the Department of Health or of local government with respect to matters of public health.
If a city, town or village fails to adopt and implement a tidal wetlands protection law or ordinance by the date the applicable freshwater wetlands map is filed by the DEC, it shall be deemed to have transferred the function to the county. If the county fails, within ninety days after the date of filing of the tidal wetlands map, or by September 1, 2016, whichever is later, to adopt and implement a tidal wetlands protection law or ordinance, it shall be deemed to have transferred the function to the DEC.
Justification
Under current law, local governments can administer a similar program for freshwater wetlands. As such, this bill would make the law consistent among both the tidal and freshwater wetlands programs. In addition, costs to New York State to administer the program could be reduced if localities decide they want to participate. Since it will be up to the local government to make the decision to voluntarily implement a tidal wetlands program, it is not a mandate.
Legislative history
2013-14 S.1851A/A.1453A; 2011-12 S.1455; 2009-10 S.871A.
Fiscal implications
To be determined; possible reduction in costs to New York State.
Effective date
This act shall take effect on the one hundred eightieth day after it shall became law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.