S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9181
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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,  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
 S. 9181                             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.