S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4028                                                  A. 4213
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 IN SENATE -- Introduced by Sen. PALUMBO -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation
 
 IN  ASSEMBLY  -- 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  seaweed  cultivation in underwater lands at Gardiner's and
   Peconic bays
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 13-0302 of the environmental conservation law, as
 added by chapter 425 of the laws of 2004, subdivision  10  as  added  by
 chapter 322 of the laws of 2016, is amended to read as follows:
 § 13-0302. Lands underwater of Gardiner's and Peconic bays.
   1.  Underwater  lands ceded to county of Suffolk. All the right, title
 and interest in which the people of the state of New York have in and to
 the lands under water of Gardiner's and Peconic bays in  the  county  of
 Suffolk,  except  underwater  lands within one thousand feet of the high
 water mark is hereby ceded to such county, for the purposes of shellfish
 OR SEAWEED cultivation, to be managed and  controlled  by  such  county,
 provided that such lands shall revert to the state when they shall cease
 to  be  used for shellfish AND SEAWEED cultivation.  For the purposes of
 this section, the term "Gardiner's and  Peconic  bays"  shall  mean  the
 waters  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 Napeague harbor.
   2. Ratification. The grant of lands under the waters of Gardiner's and
 Peconic  bays,  by  the  commissioners of shell fisheries, in accordance
 with the provisions of chapter 385 of the  laws  of  1884,  as  amended,

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

                                                            LBD05829-01-1

 S. 4028                             2                            A. 4213
 
 subsequently  held  and  used  by  the  grantees, heirs, successors, and
 assigns on which all taxes and assessments have been  paid,  are  hereby
 ratified  and  confirmed. Any underwater lands in Gardiner's and Peconic
 Bays  previously  granted  that  revert  or  escheat to the state or are
 subject to tax deed by the county of Suffolk shall be available  to  the
 county  for leasing pursuant to this section. All other lands under such
 waters, which pursuant to such chapters, have escheated or  reverted  to
 the  state,  are  hereby ceded to Suffolk county for the purposes of the
 cultivation of shellfish, subject to existing  valid  grants  and  ease-
 ments;  provided  however,  that nothing in this section shall interfere
 with the right of the commissioner of general services  to  grant  lands
 and easements under water to owners of adjacent uplands, pursuant to the
 provisions  of  the public lands law, or of the legislature to make such
 grants without regard to upland ownership, and to  grant  franchises  to
 utilities,  municipalities  and governmental, educational, or scientific
 bodies for cables, outfalls,  ecological  studies,  and  experimentation
 with controlled marine life.
   3.  Leases  FOR SHELLFISH CULTIVATION.  Suffolk county may lease lands
 under water ceded to it by the state for the purpose of shellfish culti-
 vation. Provided if no such leases have been executed by December  thir-
 ty-first,  two  thousand  ten,  such authority to lease pursuant to this
 section shall terminate.
   a. Leases may be issued only  within  areas  designated  as  shellfish
 cultivation  zones  on  a map or maps to be prepared and approved by the
 county of Suffolk.
   b. No lease shall be granted except upon written application on  forms
 furnished  by the county of Suffolk, and properly executed and signed by
 the applicant.
   c. Before a lease is approved, notice shall be provided for  at  least
 two  months  by posting such notice at the bureau of marine resources in
 the department, the office of the county clerk, and the  office  of  the
 town  clerk  in  which  all  or  any  part of the lands to be leased are
 located.  Such notice shall also be published in the official  newspaper
 of  the  county.  The  notice  shall include the name of the lessee, the
 boundaries of the lease, and the area  of  the  lease.  A  copy  of  the
 proposed  lease  shall be available for public inspection and copying in
 the office of the county clerk.
   4. Establishment of shellfish cultivation  zones.  Before  leasing  or
 using the lands hereby ceded to it, the county of Suffolk shall cause an
 accurate  survey  to  be  made  of  such  lands, and a map or maps to be
 prepared therefrom. Such map or maps shall  establish  shellfish  culti-
 vation  zones within Gardiner's and Peconic bays. Such map or maps shall
 be approved by local law. After such map or maps have been adopted,  the
 county  shall  have  the  authority to issue leases for shellfish culti-
 vation within the shellfish cultivation zones, as provided herein.  Such
 map or maps shall be updated by the county of Suffolk every five years.
   a.  Underwater  lands  within one thousand feet of the high water mark
 shall not be included in a shellfish cultivation zone.
   b. Underwater lands where bay  scallops  are  produced  regularly  and
 harvested  on  a  commercial  basis shall not be included in a shellfish
 cultivation zone.
   c. Underwater lands where there is an indicated presence of  shellfish
 in  sufficient quantity and quality and so located as to support signif-
 icant hand raking and/or tonging harvesting shall not be included  in  a
 shellfish cultivation zone.

 S. 4028                             3                            A. 4213
 
   d.  Underwater  lands  where  the leasing will result in a significant
 reduction of established  commercial  finfish  or  crustacean  fisheries
 shall not be included in a shellfish cultivation zone.
   5.  Regulations FOR SHELLFISH CULTIVATION.  The county shall, by local
 law, before leasing any such underwater lands, adopt regulations govern-
 ing:
   a. applications for leases;
   b. notices to be given;
   c. the form and terms of leases;
   d. standards for the approval or denial of leases;
   e. administration of leases;
   f. the transfer or renewal of leases;
   g. marking grounds and testing;
   h. fees;
   i. recording of leases;
   j. bonds; and
   k. such other matters as are appropriate to the leasing program.
   6. Department authority OVER SHELLFISH CULTIVATION.    Notwithstanding
 any of the provisions of this section:
   a.  any  person engaging in the cultivation or harvesting of shellfish
 in a shellfish cultivation zone pursuant to this section shall obtain  a
 permit in accordance with section 13-0316 of this title; and
   b.  the department shall regulate and control the use of certain types
 of vessels and equipment  for  harvesting  shellfish,  requirements  for
 reseeding,  the  right  to enter upon such leased lands for reseeding or
 making shellfish population surveys, and enforce  all  other  applicable
 state laws relating to said underwater lands.
   7. LEASES FOR SEAWEED CULTIVATION.
   A. SUFFOLK COUNTY MAY LEASE LANDS UNDER WATER CEDED TO IT BY THE STATE
 FOR  THE  PURPOSE  OF  SEAWEED  CULTIVATION AFTER APPROVAL BY THE COUNTY
 LEGISLATURE OF A SEAWEED CULTIVATION VIABILITY  STUDY.  PROVIDED  IF  NO
 SUCH  LEASES  HAVE  BEEN EXECUTED BY DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY-THREE, SUCH AUTHORITY TO LEASE PURSUANT  TO  THIS  SECTION  SHALL
 TERMINATE. FOR THE PURPOSES OF THIS SECTION, "SEAWEED" MEANS ANY SPECIES
 OF MARINE MACROALGAE APPROVED BY THE COMMISSIONER FOR CULTIVATION IN THE
 WATERS OF GARDINER'S AND PECONIC BAYS.
   B. LEASES MAY BE ISSUED ONLY WITHIN AREAS DESIGNATED AS SEAWEED CULTI-
 VATION  ZONES ON A MAP OR MAPS TO BE PREPARED AND APPROVED BY THE COUNTY
 OF SUFFOLK.
   C. NO LEASE SHALL BE GRANTED EXCEPT UPON WRITTEN APPLICATION ON  FORMS
 FURNISHED  BY THE COUNTY OF SUFFOLK, AND PROPERLY EXECUTED AND SIGNED BY
 THE APPLICANT.
   D. BEFORE A LEASE IS APPROVED, NOTICE SHALL BE PROVIDED FOR  AT  LEAST
 TWO  MONTHS  BY POSTING SUCH NOTICE AT THE BUREAU OF MARINE RESOURCES IN
 THE DEPARTMENT, THE OFFICE OF THE COUNTY CLERK, AND THE  OFFICE  OF  THE
 TOWN  CLERK  IN  WHICH  ALL  OR  ANY  PART OF THE LANDS TO BE LEASED ARE
 LOCATED. SUCH NOTICE SHALL ALSO BE PUBLISHED IN THE  OFFICIAL  NEWSPAPER
 OF  THE  COUNTY.  THE  NOTICE  SHALL INCLUDE THE NAME OF THE LESSEE, THE
 BOUNDARIES OF THE LEASE, AND THE AREA  OF  THE  LEASE.  A  COPY  OF  THE
 PROPOSED  LEASE  SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND COPYING IN
 THE OFFICE OF THE COUNTY CLERK.
   E. BEFORE LEASING OR USING THE LANDS HEREBY CEDED TO  IT  FOR  SEAWEED
 CULTIVATION,  THE COUNTY OF SUFFOLK SHALL CAUSE AN ACCURATE SURVEY TO BE
 MADE OF SUCH LANDS, AND A MAP OR MAPS TO BE PREPARED THEREFROM. SUCH MAP
 OR MAPS SHALL ESTABLISH SEAWEED CULTIVATION ZONES WITHIN GARDINER'S  AND
 PECONIC  BAYS.  SUCH  MAP  OR MAPS SHALL BE APPROVED BY LOCAL LAW. AFTER

 S. 4028                             4                            A. 4213
 
 SUCH MAP OR MAPS HAVE BEEN ADOPTED, THE COUNTY SHALL HAVE THE  AUTHORITY
 TO  ISSUE  LEASES FOR SEAWEED CULTIVATION WITHIN THE SEAWEED CULTIVATION
 ZONES, AS PROVIDED HEREIN. SUCH MAP OR MAPS  SHALL  BE  UPDATED  BY  THE
 COUNTY OF SUFFOLK EVERY FIVE YEARS.
   F.  UNDERWATER  LANDS  WITHIN ONE THOUSAND FEET OF THE HIGH WATER MARK
 SHALL NOT BE INCLUDED IN A SEAWEED CULTIVATION ZONE.
   G. UNDERWATER LANDS WHERE BAY  SCALLOPS  ARE  PRODUCED  REGULARLY  AND
 HARVESTED  ON  A  COMMERCIAL  BASIS  SHALL  NOT BE INCLUDED IN A SEAWEED
 CULTIVATION ZONE.
   H. UNDERWATER LANDS WHERE THERE IS AN INDICATED PRESENCE OF  SHELLFISH
 IN  SUFFICIENT QUANTITY AND QUALITY AND SO LOCATED AS TO SUPPORT SIGNIF-
 ICANT HAND RAKING AND/OR TONGING HARVESTING SHALL NOT BE INCLUDED  IN  A
 SEAWEED CULTIVATION ZONE.
   I.  UNDERWATER  LANDS  WHERE  THE LEASING WILL RESULT IN A SIGNIFICANT
 REDUCTION OF ESTABLISHED  COMMERCIAL  FINFISH  OR  CRUSTACEAN  FISHERIES
 SHALL NOT BE INCLUDED IN A SEAWEED CULTIVATION ZONE.
   J.  THE COUNTY SHALL, BY LOCAL LAW, BEFORE LEASING ANY SUCH UNDERWATER
 LANDS, ADOPT REGULATIONS GOVERNING:
   (1) APPLICATIONS FOR LEASES;
   (2) NOTICES TO BE GIVEN;
   (3) THE FORM AND TERMS OF LEASES;
   (4) STANDARDS FOR THE APPROVAL OR DENIAL OF LEASES;
   (5) ADMINISTRATION OF LEASES;
   (6) THE TRANSFER OR RENEWAL OF LEASES;
   (7) MARKING GROUNDS AND TESTING;
   (8) FEES;
   (9) RECORDING OF LEASES;
   (10) BONDS; AND
   (11) SUCH OTHER MATTERS AS ARE APPROPRIATE TO THE LEASING PROGRAM.
   K. NOTWITHSTANDING ANY OF THE PROVISIONS OF THIS SECTION:
   (1) ANY PERSON ENGAGING IN THE CULTIVATION OR HARVESTING OF SEAWEED IN
 A SEAWEED CULTIVATION ZONE PURSUANT TO THIS  SECTION  SHALL  OBTAIN  ALL
 PERMITS REQUIRED BY THIS CHAPTER;
   (2) THE DEPARTMENT SHALL REGULATE AND CONTROL THE USE OF CERTAIN TYPES
 OF  VESSELS  AND  EQUIPMENT  FOR  HARVESTING  SEAWEED,  REQUIREMENTS FOR
 RESEEDING, THE RIGHT TO ENTER UPON SUCH LEASED LANDS,  AND  ENFORCE  ALL
 OTHER APPLICABLE STATE LAWS RELATING TO SAID UNDERWATER LANDS; AND
   (3) ANY PERSON ENGAGING IN THE CULTIVATION OR HARVESTING OF SEAWEED IN
 A  SEAWEED  CULTIVATION  ZONE  PURSUANT  TO  THIS  SECTION SHALL RECEIVE
 SPECIES APPROVAL FROM THE COMMISSIONER.
   8. Duties of the county clerk. Leases issued pursuant to this  section
 shall  be  recorded  in the office of the county clerk in the manner and
 form to be determined by local law as provided in  subdivision  five  of
 this section.
   [8.]  9.  Summary proceedings. Upon the failure of a lessee to pay the
 rental on any date due under the terms of the lease or  upon  revocation
 as  provided  for  by local law pursuant to subdivision five OR SEVEN of
 this section, the county 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 procedure in such case.
   [9.]  10.  Disposition  of fees and rents. All fees and rents received
 shall be deposited into the general fund of the county. However, in  the
 alternative, nothing shall prohibit the county of Suffolk, by local law,

 S. 4028                             5                            A. 4213
 
 from  establishing a special fund for the promotion of aquaculture where
 such fees and rents shall be deposited.
   [10.  Suffolk county shall be authorized to allow the underwater lands
 at Gardiner's and Peconic Bays within the shellfish cultivation zone  to
 be  used  for  the implementation of a pilot program to conduct research
 and scientific assessment of the  feasibility  of  seaweed  cultivation.
 Such  pilot  program  shall  be  limited to persons holding a lease from
 Suffolk county for shellfish cultivation and shall be limited to a total
 of five acres of such cultivation zone provided that any one person  may
 be authorized to conduct seaweed cultivation on no more than one acre of
 the  lease. Suffolk county shall provide a report to the legislature and
 the department on the pilot program no later  than  January  first,  two
 thousand twenty-six.]
   §  2.  If any clause, sentence, paragraph, section or part of this act
 shall be adjudged by any court of competent jurisdiction to be  invalid,
 such judgment shall not affect, impair or invalidate the remainder ther-
 eof,  but  shall  be  confined in its operation to the clause, sentence,
 paragraph, section or part thereof directly involved in the  controversy
 in which such judgment shall have been rendered.
   § 3. This act shall take effect immediately.