Bill Text: NY A02020 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the defense and indemnification of towns and villages by the state under the Long Island Pine Barrens Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A02020 Detail]

Download: New_York-2015-A02020-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 1875                                                  A. 2020
                              2015-2016 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   January 15, 2015
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- 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  the
         defense  and  indemnification of towns and villages by the state under
         the Long Island Pine Barrens act
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  6  of  section  57-0123 of the environmental
    2  conservation law is amended by adding a new paragraph  (d)  to  read  as
    3  follows:
    4    (D)  THERE  SHALL  BE  NO DEFENSE OR INDEMNITY FOR A TOWN OR A VILLAGE
    5  PURSUANT TO THIS SUBDIVISION WHERE THE LAND USE AND  ZONING  REGULATIONS
    6  OF SUCH TOWN OR VILLAGE DO NOT PROVIDE SUFFICIENT RECEIVING DISTRICTS TO
    7  ACCOMMODATE  THE  NUMBER OF PINE BARRENS DEVELOPMENT CREDITS OUTSTANDING
    8  IN SUCH TOWN OR VILLAGE. THE COMMISSION,  ANNUALLY  ON  JUNE  THIRTIETH,
    9  SHALL  CERTIFY  BY UNANIMOUS VOTE THAT FOR EACH TOWN AND VILLAGE, IT HAS
   10  SUFFICIENT RECEIVING DISTRICTS TO ACCOMMODATE THE NUMBER OF PINE BARRENS
   11  DEVELOPMENT CREDITS OUTSTANDING. WHERE THE COMMISSION FAILS TO MAKE SUCH
   12  A CERTIFICATION FOR A TOWN OR VILLAGE, THERE  SHALL  BE  NO  DEFENSE  OR
   13  INDEMNITY  FOR SUCH TOWN OR VILLAGE UNTIL THE COMMISSION AGAIN SO CERTI-
   14  FIES. WHERE A TOWN OR VILLAGE IS NOT CERTIFIED, IT MAY THEREAFTER  AMEND
   15  ITS LAND USE AND ZONING AND PETITION THE COMMISSION FOR RECERTIFICATION.
   16    S  2.  This act shall take effect on the first of July next succeeding
   17  the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07195-01-5