NY State Senate Bill 2011-S6173

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2012	referred to environmental conservation

2011-S6173 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd En Con L, generally; amd §165, St Fin L; amd §341, Town L

2011-S6173 (ACTIVE) - Summary

Repeals certain boards of the environmental conservation law.

2011-S6173 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6173

TITLE OF BILL:
An act
to amend the environmental conservation law,
the state finance law and the town law, in relation to making
technical corrections;
to repeal section 27-2109
of the environmental conservation law
relating to the advisory committee on mercury pollution; to repeal
section 11-2003 of the environmental
conservation law relating to the New York state bird conservation area
program advisory committee; to repeal
section 11-1005 of the environmental conservation law relating to the
falconry advisory board; to repeal title 11
of article 24 and subdivision 7 of section 24-0107 of the
environmental conservation law relating to the
freshwater wetlands appeals board; to repeal section 9-0705 of the
environmental conservation law relating to
the regional forest practice boards; to repeal section 9-0707 of the
environmental conservation law relating to
the state forest practice board; to repeal section 27-0702 of the
environmental conservation law
relating to the solid waste management board; and to repeal article 5 and
section 19-0917 of the environmental
conservation law relating to the state environmental board

PURPOSE:
This legislation repeals various advisory boards that are
currently not meeting and have historically been inactive.

SUMMARY OF SPECIFIC PROVISIONS:
Sections 1-20 repeal various boards
including. Advisory Committee on mercury pollution, New York State
bird conservation area program advisory committee, falconry advisory
board, freshwater wetlands appeals board, regional forest practice
boards, state forest practice board, solid waste management
board, state environmental review board.
Section 21 is the effective date.

JUSTIFICATION:
Historically boards and committees are set up on topics
that are of importance to our environment and to New Yorkers.
Over time however these boards and committees cease to meet, and have
members as they have become obsolete for a variety of reasons.
However, these boards and committees still technically remain active
and law. This legislation seeks to housekeep some of these board
s that have been identified as not currently active, in order to help
right size government.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6173 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6173

                            I N  S E N A T E

                             January 9, 2012
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law,  the  state  finance
  law  and the town law, in relation to making technical corrections; to
  repeal section 27-2109 of the environmental conservation law  relating
  to  the  advisory  committee  on  mercury pollution; to repeal section
  11-2003 of the environmental conservation law relating to the New York
  state bird conservation area program  advisory  committee;  to  repeal
  section  11-1005 of the environmental conservation law relating to the
  falconry advisory board; to repeal title 11 of article 24 and subdivi-
  sion 7 of section 24-0107 of the environmental conservation law relat-
  ing to the freshwater wetlands appeals board; to repeal section 9-0705
  of the environmental conservation law relating to the regional  forest
  practice boards; to repeal section 9-0707 of the environmental conser-
  vation  law  relating  to  the  state forest practice board; to repeal
  section 27-0702 of the environmental conservation law relating to  the
  solid  waste  management  board;  and  to repeal article 5 and section
  19-0917 of the environmental conservation law relating  to  the  state
  environmental board

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 27-2109 of the environmental  conservation  law  is
REPEALED.
  S  2.  Section  11-2003  of  the  environmental  conservation  law  is
REPEALED.
  S  3.  Section  11-1005  of  the  environmental  conservation  law  is
REPEALED.
  S  4.  Title 11 of article 24 of the environmental conservation law is
REPEALED.
  S 5. Subdivision 7 of section 24-0107 of the  environmental  conserva-
tion law is REPEALED and subdivision 8 is renumbered subdivision 7.
  S  6.  Subdivision 1 of section 24-0301 of the environmental conserva-
tion law, as amended by chapter 654 of the laws of 1977, is  amended  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13930-01-2

S. 6173                             2

  1.  The commissioner shall, as soon as practicable, conduct a study to
identify and map those individual freshwater wetlands in  the  state  of
New  York  which  shall  have an area of at least twelve and four-tenths
acres or more, or if less than twelve and four-tenths acres,  (a)  have,
in  the  discretion  of  the commissioner[, and subject to review of his
action by the board created pursuant to title eleven of  this  article],
unusual  local  importance  for one or more of the specific benefits set
forth in subdivision seven of section 24-0105 or (b) are located  within
the  Adirondack  park  and  meet the definition of wetlands contained in
subdivision sixty-eight of section eight hundred two of article  twenty-
seven  of  the executive law, and shall determine their characteristics.
This study shall, in addition to such other data as the commissioner may
determine to be included, consist of the freshwater  wetlands  inventory
of the department [of environmental conservation], currently being made,
together  with  other  available  data  on  freshwater wetlands, whether
assisted by the state of New York under the tidal wetlands act or other-
wise, or assembled by federal or local governmental or private agencies,
all of which information shall be assembled and integrated, as  applica-
ble,  into  a  map of freshwater wetlands of the state of New York. Such
study may, in the discretion of the commissioner, be carried  out  on  a
sectional  or  regional  basis, as indicated by need, subject to overall
completion in an expeditious fashion subject to the terms of this  chap-
ter.  This map, and any orders issued pursuant to the provisions of this
article, shall comprise a part of the statewide  environmental  plan  as
provided  for  in section 3-0303 of this chapter. As soon as practicable
the commissioner shall file with  the  secretary  of  state  a  detailed
description  of the technical methods and requirements to be utilized in
compiling the inventory, and he shall afford the public  an  opportunity
to submit comments thereon.
  S  7. Any matters pending before the freshwater wetlands appeals board
shall be transferred and continued in the  department  of  environmental
conservation  in  accordance  with article 3 of the state administrative
procedure act.
  S 8. Section 24-0507 of the environmental conservation law, as amended
by chapter 654 of the laws of 1977, is amended to read as follows:
S 24-0507. Reservation of local jurisdiction.
  Except as provided in this article, jurisdiction over all areas  which
would qualify as freshwater wetlands except that they are not designated
as  such  on  the freshwater wetlands map pursuant to section 24-0301 of
this article because they are less than twelve and four-tenths acres  in
size  and  are  not of unusual local importance is reserved to the city,
town or village in which they are wholly or partially located,  and  the
implementation  of this article with respect thereto is the responsibil-
ity of said city, town or village, in accordance  with  section  24-0501
and  title  twenty-three  of article seventy-one of this chapter, except
that a city, town or village in the exercise of its  powers  under  this
section,  shall  not be subject to the provisions of subdivision four of
section 24-0501, subdivisions two  and  three  of  section  24-0503,  or
section 24-0505[, but shall be subject to judicial review under subdivi-
sion two of section 24-1105 of this article].
  S  9.  Subdivision 5 of section 24-0703 of the environmental conserva-
tion law, as amended by chapter 233 of the laws of 1979, is  amended  to
read as follows:
  5. Prior to the promulgation of the final freshwater wetlands map in a
particular   area  and  the  implementation  of  a  freshwater  wetlands
protection law or ordinance, no person shall conduct,  or  cause  to  be

S. 6173                             3

conducted,  any  activity  for  which a permit is required under section
24-0701 of this article on any freshwater wetland unless he has obtained
a permit from the  commissioner  under  this  section.  Any  person  may
inquire  of  the  department as to whether or not a given parcel of land
will be designated a  freshwater  wetland  subject  to  regulation.  The
department shall give a definite answer in writing within thirty days of
such  request  as  to  whether such parcel will or will not be so desig-
nated. Provided that, in the event that  weather  or  ground  conditions
prevent  the  department from making a determination within thirty days,
it may extend such period until a determination can be made. Such answer
in the affirmative shall be reviewable  pursuant  to  [title  eleven  of
this] article SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES; such an
answer in the negative shall be a complete defense to the enforcement of
this  article PURSUANT TO ARTICLE SEVENTY-ONE OF THIS CHAPTER as to such
parcel of land. The commissioner may by regulation adopted after  public
hearing  exempt categories or classes of wetlands or individual wetlands
which he determines not to be critical to the furtherance of  the  poli-
cies and purposes of this article.
  S  10. Subdivision 6 of section 24-0705 of the environmental conserva-
tion law, as amended by chapter 654 of the laws of 1977, is  amended  to
read as follows:
  6.  Review  of  the  determination  of  the local government or of the
commissioner shall be, within a period of thirty days after  the  filing
thereof, pursuant to the provisions of [title eleven of this article or]
article  seventy-eight of the civil practice law and rules. Any owner of
the wetland affected and any resident or citizen of the local government
shall be deemed to have the requisite standing to seek review.
  S 11. Subdivision 2 of section 24-0801 of the environmental  conserva-
tion  law,  as  added  by chapter 654 of the laws of 1977, is amended to
read as follows:
  2. Where the activities otherwise subject  to  regulation  under  this
article involve freshwater wetlands located within the boundaries of the
Adirondack park, the inquiries referred to and the applications provided
for  in  section 24-0703 of this article shall be made to and filed with
the Adirondack park agency at its headquarters office, under such  regu-
lations and procedures as the Adirondack park agency may promulgate. The
Adirondack  park  agency  shall  review  the application in place of the
commissioner or local government as provided in section 24-0705 of  this
article,  having  due regard for the declaration of policy and statement
of findings set forth in this article and  for  the  considerations  set
forth  in subdivision one of section 24-0705 of this article. The agency
shall in addition determine prior to the granting of any permit that the
proposed activity will be consistent with the Adirondack park  land  use
and development plan and would not have an undue adverse impact upon the
natural, scenic, aesthetic, ecological, wildlife, historic, recreational
or  open  space  resources of the park, taking into account the economic
and social or other benefits to be derived from the activity. Any person
may seek review of a ruling made solely pursuant to  the  provisions  of
this  article  by the Adirondack park agency pursuant to [the provisions
of title eleven of this article or] article seventy-eight of  the  civil
practice law and rules.
  S  12. Subdivision 7 of section 24-0903 of the environmental conserva-
tion law, as added by chapter 614 of the laws of  1975,  is  amended  to
read as follows:
  7.  Any  person  aggrieved  by  any  such order or regulation may seek
[review pursuant to the provisions of title eleven of this  article  or]

S. 6173                             4

judicial  review pursuant to article seventy-eight of the civil practice
law and rules in the supreme court for the county in which the  freshwa-
ter  wetland is located, within thirty days after the date of the filing
of  the  order  with  the  clerk  of  the county in which the wetland is
located.
  S  13.  Section  9-0705  of  the  environmental  conservation  law  is
REPEALED.
  S  14.  Section  9-0707  of  the  environmental  conservation  law  is
REPEALED.
  S 15.  Section  27-0702  of  the  environmental  conservation  law  is
REPEALED.
  S 16. The opening paragraph of subdivision 2 of section 27-0103 of the
environmental  conservation law, as amended by chapter 55 of the laws of
1992, is amended to read as follows:
  The commissioner shall[, with the advice  of  the  state  solid  waste
management  board  established pursuant to section 27-0702 of this arti-
cle,] biennially review the status of programs and information contained
within the plan and make recommendations for legislation or other  state
action related to:
  S 17. Paragraph g of subdivision 3 of section 165 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  g. In addition to carrying out the provisions of paragraphs e and f of
this subdivision, the commissioner shall identify and implement specific
steps which will reduce, to the maximum extent practicable, waste gener-
ated  in state facilities and maximize the recovery and reuse of second-
ary materials from such facilities. Such steps and their  implementation
shall be reviewed from time to time but no less frequently than annually
or  upon  receiving recommendations for additional steps from [the solid
waste management board,] the department of environmental conservation or
the environmental facilities corporation.
  S 18. Article 5 of the environmental conservation law is REPEALED.
  S 19.  Section  19-0917  of  the  environmental  conservation  law  is
REPEALED.
  S  20.  Subdivision  11  of section 341 of the town law, as amended by
chapter 792 of the laws of 1934, is amended to read as follows:
  11. Nothing in this act shall affect  or  impair  the  provisions  and
requirements  of articles [five] SIX to fourteen, both inclusive, of the
ENVIRONMENTAL conservation law, nor affect, impair  nor  repeal  chapter
five  hundred  sixteen  of the laws of nineteen hundred twenty-eight, as
amended.
  S 21. This act shall take effect immediately.

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Senate Bill S6173

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2011-S6173 (ACTIVE) - Details

2011-S6173 (ACTIVE) - Summary

2011-S6173 (ACTIVE) - Sponsor Memo

2011-S6173 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6173

Share this bill

Sponsored By

Mark Grisanti

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2011-S6173 (ACTIVE) - Details

2011-S6173 (ACTIVE) - Summary

2011-S6173 (ACTIVE) - Sponsor Memo

2011-S6173 (ACTIVE) - Bill Text download pdf

Comments