Bill Text: NY S07235 | 2009-2010 | General Assembly | Amended

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Bill Title: Establishes the seagrass protection act; defines terms; outlines department of environmental conservation's responsibilities; provides that a person in a coastal community may not apply a fertilizer containing the plant nutrient phosphorus after November first and before April first.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-06-10 - PRINT NUMBER 7235A [S07235 Detail]

Download: New_York-2009-S07235-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7235--A
                                   I N  S E N A T E
                                    March 24, 2010
                                      ___________
       Introduced by Sens. O. JOHNSON, FOLEY -- read twice and ordered printed,
         and  when  printed  to  be committed to the Committee on Environmental
         Conservation -- committee discharged, bill amended, ordered  reprinted
         as amended and recommitted to said committee
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         establishing the seagrass protection act
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Article 13 of the environmental conservation law is amended
    2  by adding a new title 7 to read as follows:
    3                                    TITLE 7
    4                           SEAGRASS PROTECTION ACT
    5  SECTION 13-0701. SHORT TITLE.
    6          13-0703. DEFINITIONS.
    7          13-0705. DEPARTMENTAL RESPONSIBILITIES.
    8          13-0707. FERTILIZER REDUCTION IN COASTAL COMMUNITIES.
    9  S 13-0701. SHORT TITLE.
   10    THIS  ACT  SHALL  BE KNOWN AND MAY BE CITED AS THE SEAGRASS PROTECTION
   11  ACT.
   12  S 13-0703. DEFINITIONS.
   13    1. "COASTAL COMMUNITY" SHALL MEAN A MUNICIPAL CORPORATION, AS  DEFINED
   14  IN SECTION TWO OF THE GENERAL MUNICIPAL LAW, IN NASSAU AND SUFFOLK COUN-
   15  TIES.
   16    2.  "FERTILIZER" SHALL MEAN A COMMERCIAL FERTILIZER DISTRIBUTED PRIMA-
   17  RILY FOR NON-FARM USE, SUCH AS HOME GARDENS, LAWNS, SHRUBBERY,  FLOWERS,
   18  MUNICIPAL GOLF COURSES AND MUNICIPAL PARKS.
   19    3.  "SEAGRASS"  SHALL  MEAN  ROOTED, VASCULAR, FLOWERING MARINE PLANTS
   20  THAT ARE SUBMERGED IN NEW YORK'S  BAYS  AND  COASTAL  WATERS,  INCLUDING
   21  ZOSTERA MARINA AND RUPPIA MARITIME.
   22  S 13-0705. DEPARTMENTAL RESPONSIBILITIES.
   23    1.  THE  DEPARTMENT  SHALL HAVE THE AUTHORITY TO ADOPT RULES AND REGU-
   24  LATIONS TO REGULATE COASTAL AND MARINE ACTIVITIES THAT THREATEN SEAGRASS
   25  BEDS OR SEAGRASS RESTORATION EFFORTS, INCLUDING THE DESIGNATION OF SEAG-
   26  RASS MANAGEMENT AREAS PURSUANT TO SEAGRASS  MANAGEMENT  PLANS.    DESIG-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16347-03-0
       S. 7235--A                          2
    1  NATION  OF  SUCH  AREAS  SHALL INCLUDE CONSIDERATION, ON A GEOGRAPHIC OR
    2  ESTUARINE BASIS, OF LIKELY THREATS TO SEAGRASS.
    3    2.  FOR EACH DESIGNATED SEAGRASS MANAGEMENT AREA, THE DEPARTMENT SHALL
    4  DEVELOP AND ADOPT A SEAGRASS MANAGEMENT PLAN TO GUIDE THE DEVELOPMENT OF
    5  RULES AND REGULATIONS PURSUANT TO SUBDIVISION ONE OF THIS SECTION.  SUCH
    6  PLAN SHALL BE  DEVELOPED  AFTER  CONSULTATION  WITH  LOCAL  GOVERNMENTS,
    7  REPRESENTATIVES  OF RECREATIONAL BOATING INTERESTS, THE MARINE INDUSTRY,
    8  AFFECTED PROPERTY OWNERS AND OTHER STAKEHOLDERS, SO  AS  TO  EFFECTIVELY
    9  MANAGE  AND  PROTECT  SEAGRASS BEDS AND SEAGRASS RESTORATION EFFORTS. IN
   10  ADDITION, SEAGRASS MANAGEMENT PLANS SHALL SEEK TO  PRESERVE  TRADITIONAL
   11  RECREATIONAL ACTIVITIES, INCLUDING RECREATIONAL BOATING AND MARINA OPER-
   12  ATIONS,  AS  WELL AS FINFISHING, SHELLFISHING AND TOURISM WHILE ENSURING
   13  SUCH ACTIVITIES DO NOT THREATEN SEAGRASS BEDS OR NEGATE SEAGRASS  RESTO-
   14  RATION EFFORTS.
   15    3.  THE  DEPARTMENT  SHALL  HAVE  THE AUTHORITY TO RESTRICT THE USE OF
   16  MECHANICAL-POWERED FISHING OR SHELLFISHING GEAR WHICH MAY  IMPACT  SEAG-
   17  RASS BEDS, INCLUDING CHURNING, DREDGES, RAKES AND TONGS.
   18    4.  THE  DEPARTMENT  SHALL IDENTIFY PESTICIDES AND HERBICIDES THAT ARE
   19  TOXIC TO SEAGRASS AND MAKE RECOMMENDATIONS CONCERNING RESTRICTING  THEIR
   20  USE IN COASTAL AREAS.
   21    5.  THE DEPARTMENT SHALL MAKE INFORMATION CONCERNING THE IMPORTANCE OF
   22  SEAGRASS PROTECTION AND  THE  STATUS  OF  SEAGRASS  RESTORATION  EFFORTS
   23  AVAILABLE ON THE DEPARTMENT WEBSITE.
   24  S 13-0707. FERTILIZER REDUCTION IN COASTAL COMMUNITIES.
   25    1. A PERSON IN A COASTAL COMMUNITY MAY NOT APPLY A FERTILIZER CONTAIN-
   26  ING  THE PLANT NUTRIENT PHOSPHORUS AFTER NOVEMBER FIRST AND BEFORE APRIL
   27  FIRST.
   28    2. ANY LOCAL LAW OR ORDINANCE OF ANY COUNTY, OR OF  ANY  CITY  WITH  A
   29  POPULATION  OF  ONE  MILLION  OR  MORE,  WHICH  IS INCONSISTENT WITH THE
   30  PROVISIONS OF THIS TITLE SHALL NOT BE PREEMPTED IF  SUCH  LOCAL  LAW  OR
   31  ORDINANCE PROVIDES ENVIRONMENTAL PROTECTION EQUAL TO OR GREATER THAN THE
   32  PROVISIONS OF THIS TITLE.
   33    S 2. This act shall take effect on the one hundred eightieth day after
   34  it shall have become a law.