S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9938
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   permitting the leasing of state-owned  underwater  lands  for  seaweed
   cultivation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 13-0301 of the environmental conservation  law,  as
 added by chapter 317 of the laws of 1996, is amended to read as follows:
 § 13-0301. Lease  of state-owned underwater lands for shellfish OR SEAW-
              EED cultivation.
   1. Leases. a. Except as provided in paragraph b of  this  subdivision,
 the  department may lease state-owned underwater lands within the marine
 and coastal district for the cultivation of shellfish OR SEAWEED.    The
 written approval of the office of general services shall be obtained for
 the lease of land within five hundred feet of the high water mark.
   b. The following lands underwater shall not be leased: (i) lands where
 there  is  an indicated presence of shellfish in sufficient quantity and
 quality and so located as to support significant hand raking or  tonging
 harvesting;  (ii)  lands  where the leasing will result in a significant
 reduction to established commercial  finfish  or  crustacean  fisheries;
 (iii)  lands  where  bay scallops are produced regularly on a commercial
 basis; and (iv) lands underwater of Gardiner's and Peconic bays and  the
 tributaries  thereof between the westerly shore of Great Peconic bay and
 an easterly line running from the most easterly point of Plum Island  to
 Goff point at the entrance of Napeaque harbor.
   2.  Regulations.  a.  Regulations  adopted  by  the department for the
 implementation and administration of this section  shall  include  regu-
 lations  with  respect to leasing forms and procedures; public notice of
 leasing; execution of leases; minimum rental fees;  bidding  procedures;
 posting  and forfeiture of financial security, renewals, termination and
 assignment of leases; marking and testing  of  grounds;  maintenance  of
 boundary  markers;  collection  of rental and recording fees; submission
 and approval of cultivation plans; harvesting gear; acreage of lands  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15299-01-2
 A. 9938                             2
 
 be let and term of leases and other matters pertinent to underwater land
 use and shellfish OR SEAWEED cultivation.
   b.  Regulations  adopted  by the department for the implementation and
 administration of this section shall include the following requirements:
 (i) leases shall be awarded after public auction following  due  notice;
 (ii)  leases  shall  be awarded to the highest responsible bidder; (iii)
 bidders shall provide a detailed cultivation plan; and (iv)  cultivation
 of  shellfish  OR SEAWEED shall commence within one year of the award of
 the lease.
   3. Summary proceedings. Upon failure to pay the rental on any date due
 under the terms of the lease or upon  revocation,  the  department  may,
 after  written  notice  to the lessee, declare the lease cancelled as of
 the date set forth in such notice, and may immediately thereafter  evict
 the  lessee from such lands. The provisions of article seven of the real
 property actions and proceedings law shall apply and govern  the  proce-
 dure in such cases.
   4.  Limitations.  The commissioner of general services shall not grant
 or lease lands for shellfish OR SEAWEED cultivation.  The  public  shall
 not  be excluded from the taking of shellfish OR SEAWEED from underwater
 lands granted  or  leased  by  such  commissioner  for  other  purposes;
 provided,  however,  that should any grant or lease made by such commis-
 sioner for such other purposes include lands leased  by  the  department
 for shellfish OR SEAWEED cultivation the lessee for shellfish OR SEAWEED
 cultivation  shall have the exclusive right to use and take shellfish OR
 SEAWEED from such leased lands for a period of two years from  the  date
 of  the  grant  or lease by such commissioner or until the expiration of
 the shellfish OR SEAWEED cultivation lease, whichever is  the  earliest,
 and  may  prior  to the expiration of such period, remove and transplant
 the shellfish OR SEAWEED from such lands to other lands leased, owned or
 controlled by such lessee.
   § 2. Severability. The provisions of this act shall be  severable  and
 if  any  portion  thereof  or the applicability thereof to any person or
 circumstances shall be held invalid, the remainder of this act  and  the
 application thereof shall not be affected thereby.
   § 3. This act shall take effect immediately.