2003 Pine Barrens Enforcement Legislation - Unofficial Copy

This bill (Senate bill 4784A, Assembly bill 8074A) is an amendment to NY Environmental Conservation Law Article 57.
It is contained within Chapter 434 of the Laws of 2003.  The effective date was 8/26/03.

Contents:
1.  Status and milestones of the bill
2.  Summary and voting
3.  Bill text
4.  Sponsors' memo

STATUS:
  LAVALLE DINAPOLI
Environmental Conservation Law 
TITLE....Provides penalties and enforcement for violations of provisions of law relating to the Long Island Pine Barrens maritime reserve
04/14/03 REFERRED TO ENVIRONMENTAL CONSERVATION
05/14/03 1ST REPORT CAL.1014
05/15/03 2ND REPORT CAL.
05/19/03 ADVANCED TO THIRD READING
06/16/03 AMENDED ON THIRD READING 4784A
06/19/03 PASSED SENATE
06/19/03 DELIVERED TO ASSEMBLY
06/19/03 referred to codes
06/19/03 substituted for a8074a
06/19/03 ordered to third reading rules cal.881
06/19/03 passed assembly
06/19/03 returned to senate
08/14/03 DELIVERED TO GOVERNOR
08/26/03 SIGNED CHAP.434


SUMMARY:

LAVALLE DINAPOLI
Amd S57-0123, add S57-0136, En Con L
Provides penalties and enforcement for violations of provisions of law relating to the Long Island Pine Barrens maritime reserve.
EFF. DATE 08/26/2003 


VOTING:
 
06/19/03 S4784-A  Senate Vote  Aye: 61 Nay: 0
06/19/03   S4784-A    Assembly Vote   Yes: 148   No : 0
Yes Abbate  Yes Acampora  Yes Alfano  Yes Arroyo 
Yes Aubertine  Yes Aubry  Yes Bacalles  Yes Barclay 
Yes Barra  Yes Barraga  Yes Benjamin  Yes Bing 
Yes Boyland  Yes Bradley  Yes Brennan  Yes Brodsky 
Yes Brown  Yes Burling  Yes Butler  Yes Cahill 
Yes Calhoun  Yes Canestrari  Yes Carrozza  Yes Casale P 
Yes Christensen  Yes Clark  Yes Cohen A  Yes Cohen M 
Yes Colton  Yes Conte  ER  Cook  Yes Crouch 
Yes Cusick  Yes Cymbrowitz  Yes DelMonte  Yes Destito 
Yes Diaz L  Yes Diaz R  Yes Dinowitz  Yes DiNapoli 
Yes Eddington  Yes Englebright  Yes Errigo  Yes Espaillat 
Yes Farrell  Yes Ferrara  Yes Finch  Yes Fitzpatrick 
Yes Galef  Yes Gantt  Yes Gianaris  Yes Glick 
Yes Gordon  Yes Gottfried  Yes Grannis  Yes Green 
Yes Greene  Yes Grodenchik  Yes Gromack  Yes Gunther 
Yes Hayes  Yes Heastie  Yes Higgins  Yes Hikind 
Yes Hooker  Yes Hooper  Yes Hoyt  Yes Jacobs 
Yes John  Yes Karben  Yes Kaufman  Yes Kirwan 
Yes Klein  Yes Kolb  Yes Koon  Yes Labriola 
Yes Lafayette  Yes Lavelle  Yes Lentol  Yes Levy 
Yes Lifton  Yes Lopez  Yes Magee  Yes Magnarelli 
Yes Manning  Yes Markey  Yes Mayersohn  Yes McDonald 
Yes McDonough  Yes McEneny  Yes McLaughlin  Yes Miller 
Yes Millman  Yes Mills  Yes Mirones  Yes Morelle 
Yes Nesbitt  Yes Nolan  Yes Norman  Yes O'Connell 
Yes O'Donnell  Yes Oaks  Yes Ortiz  Yes Ortloff 
Yes Parment  Yes Paulin  Yes Peoples  Yes Peralta 
Yes Perry  Yes Pheffer  Yes Powell  Yes Prentiss 
Yes Pretlow  Yes Raia  Yes Ramos  Yes Reilich 
Yes Rivera J  Yes Rivera P  Yes Robinson  Yes Sanders 
Yes Sayward  Yes Scarborough  Yes Schimminger  Yes Scozzafava 
Yes Seddio  ER  Seminerio  Yes Sidikman  Yes Smith 
Yes Spano  Yes Stephens  Yes Straniere  Yes Stringer 
Yes Sweeney  Yes Tedisco  Yes Thiele  Yes Titus 
Yes Tocci  Yes Tokasz  Yes Tonko  Yes Towns 
Yes Townsend  Yes Warner  Yes Weinstein  Yes Weisenberg 
Yes Weprin  Yes Winner  Yes Wirth  Yes Wright 
Yes Young  Yes Mr. Speaker 
06/19/03   S4784-A    Senate Vote    Aye: 61   Nay: 0
Aye Alesi  Aye Andrews  Aye Balboni  Aye Bonacic 
Aye Breslin  Aye Brown  Aye Bruno  Aye Connor 
Aye DeFrancisco  Aye Diaz  Aye Dilan  Aye Duane 
Aye Farley  Aye Flanagan  Aye Fuschillo  Aye Golden 
Aye Gonzalez  Aye Hannon  Aye Hassell-Thompson  Aye Hoffmann 
Aye Johnson  Aye Krueger  Aye Kruger  Aye Kuhl 
Aye Lachman  Aye Larkin  Aye LaValle  Aye Leibell 
Aye Libous  Aye Little  Aye Maltese  Aye Marcellino 
Aye Marchi  Aye Maziarz  Aye McGee  Aye Meier 
Aye Mendez  Aye Montgomery  Aye Morahan  Aye Nozzolio 
Aye Onorato  Aye Oppenheimer  Aye Padavan  Aye Parker 
Aye Paterson  Aye Rath  Aye Robach  Aye Sabini 
Aye Saland  Aye Sampson  Aye Schneiderman  Aye Seward 
Aye Skelos  Exc Smith A  Aye Smith M  Aye Spano 
Aye Stachowski  Aye Stavisky  Aye Trunzo  Aye Velella 
Aye Volker  Aye Wright 


 

BILL TEXT:

                STATE OF NEW YORK

        ________________________________________________________________________

 
            S. 4784--A                                            A. 8074--A
           Cal. No. 1014

 
                               2003-2004 Regular Sessions

 
                SENATE - ASSEMBLY

 
                                     April 14, 2003

                                       ___________



        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Environmental
          Conservation  --  reported  favorably  from said committee, ordered to
          first and second report, ordered  to  a  third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading


        IN  ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of
          A. DiNapoli) -- read once and referred to the  Committee  on  Environ-
          mental Conservation -- reported and referred to the Committee on Codes
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee
 

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          penalties  and enforcement of violations of provisions of law relating
          to the Long Island Pine Barrens maritime reserve
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
1    Section  1.  Paragraph  (c) of subdivision 3 of section 57-0123 of the
2  environmental conservation law, as added by chapter 145 of the  laws  of
3  1996, is amended to read as follows:
4    (c) The commission must make a decision within the time periods estab-
5  lished  pursuant  to  subdivision  [two  of this section] ten of section
57-0121 of this article.  If the commission fails  to  make  a  decision
7  within the aforesaid time periods, the development shall be deemed to be
8  approved  by  the commission, unless extended by mutual agreement of the
9  applicant and the commission.  The aforesaid time period and  the  proc-
10  essing and review of an application shall be suspended by the commission
11  with  notice  to  the  applicant  where a proceeding pursuant to section
12  57-0136 of this article is pending against the applicant with respect to
13  the property at issue or otherwise arising out of the ownership  or  use
14  of such property.
 

1 § 2. The environmental conservation law is amended by adding a new
2 section 57-0136 to read as follows:
3 § 57-0136. Penalties and enforcement.
4 1. Violations. (a) All of the rights and remedies provided for in
5 this section are in addition to all of the rights and remedies available
6 to the villages and towns located within the "Central Pine Barrens Area"
7 as specifically defined in subdivision ten of section 57-0107 of this
8 article. All of the rights and remedies provided for in this section are
9 in addition to all of the rights and remedies available to the attorney
10 general as provided for in state law.
11 (b) With respect to any land use conduct within the Central Pine
12 Barrens Area that violates any provision of an applicable village or
13 town law, the responsibility for enforcement of such violation shall lie
14 with the applicable village or town in the first instance as provided
15 for in the laws of the respective town or village. The applicable
16 village or town shall provide written notice to the commission of all
17 such enforcement efforts. In the event the applicable village or town
18 does not commence an enforcement action within sixty days from the
19 receipt of a written notice to the applicable village or town of any
20 land use conduct within the Central Pine Barrens Area that may violate
21 any provision of an applicable village or town law, the commission, or
22 the attorney general at the request of the commission or upon his or her
23 own initiative, may institute enforcement action for such violation as
24 set forth in subdivisions two, three and four of this section.
25 (c) With regard to any violation of this article, the land use plan
26 adopted by the commission, any regulation promulgated by the commission,
27 or any order, determination or permit condition issued by the commis-
28 sion, there shall be independent jurisdiction among the village or town
29 in which such violation occurred or is occurring to investigate and
30 prosecute such violation as set forth in subdivisions two, three and
31 four of this section. The commission or the attorney general at the
32 request of the commission or upon the attorney general's own initiative
33 shall also have independent jurisdiction to investigate and prosecute
34 such violation as set forth in subdivisions two, three and four of this
35 section.
36 The party initiating such a prosecution shall consult with the other
37 governmental entities named in this section before initiating such an
38 action, except in a case involving a threat of irreparable harm or immi-
39 nent violation or repeated violations of this article, the land use plan
40 adopted by the commission, any regulation promulgated by the commission,
41 or any order, determination or permit condition issued by the commis-
42 sion.
43 (d) With regard to any land use conduct within the Central Pine
44 Barrens Area that is a violation of the applicable village or town law
45 in addition to being a violation of the specific requirements of this
46 article, the land use plan adopted by the commission, or the terms or
47 conditions of any order, permit or determination issued by the commis-
48 sion, the commission, or the attorney general at the request of the
49 village or town, may jointly institute with the village and town an
50 enforcement action as set forth in subdivisions two, three and four of
51 this section. In such event, any penalties or fines collected shall be
52 deposited with the applicable village or town to be maintained in a
53 segregated account to be used exclusively for the acquisition of real
54 property or transferable development rights interests or capital
55 projects associated with enhancement and/or restoration of the natural
56 resources and ecosystems located within the Central Pine Barrens Area.

 

1 2. Civil penalties. (a) For a violation that takes place in the "core

2 preservation area" as defined in subdivision eleven of section 57-0107
3 of this article, any person who violates any provision of this article,
4 the land use plan adopted by the commission, any regulation promulgated
5 by the commission, or the terms or conditions of any order, permit, or
6 determination issued by the commission pursuant to this article shall be
7 liable for a civil penalty of not more than twenty-five thousand dollars
8 for each violation and an additional civil penalty of not more than one
9 thousand dollars for each day that such violation continues.
10 (b) For a violation that takes place in the "compatible growth area"
11 as defined in subdivision twelve of section 57-0107 of this article, any
12 person who violates any provision of this article, the land use plan
13 adopted by the commission, any regulation promulgated by the commission,
14 or the terms or conditions of any order, permit, or determination issued
15 by the commission pursuant to this article shall be liable for a civil
16 penalty of not more than ten thousand dollars for each violation and an
17 additional civil penalty of not more than one thousand dollars for each
18 day that such violation continues.
19 3. Criminal penalties. (a) For a violation that takes place in the
20 "core preservation area" as defined in subdivision eleven of section
21 57-0107 of this article, any person who willfully or intentionally
22 violates any provision of this article, the land use plan adopted by the
23 commission, any regulation promulgated by the commission, or the terms
24 or conditions of any order, permit, or determination issued by the
25 commission pursuant to this article shall be guilty of a misdemeanor
26 punishable by a fine of not more than twenty-five thousand dollars for
27 each violation and an additional fine of not more than one thousand
28 dollars for each day that such violation continues.
29 (b) For a violation that takes place in the "compatible growth area"
30 as defined in subdivision twelve of section 57-0107 of this article, any
31 person who willfully or intentionally violates any provision of this
32 article, the land use plan adopted by the commission, any regulation
33 promulgated by the commission, or the terms or conditions of any order,
34 permit, or determination issued by the commission pursuant to this arti-
35 cle shall be guilty of a misdemeanor punishable by a fine of not more
36 than ten thousand dollars for each violation and an additional fine of
37 not more than one thousand dollars for each day that such violation
38 continues.
39 4. Additional remedies. Alternatively, or in addition to an action
40 seeking civil penalties or criminal fines or imprisonment as provided by
41 subdivisions two and three of this section, the commission, or the
42 attorney general may institute any appropriate action or proceeding to
43 prevent, restrain, enjoin, correct, or abate any violation of, or to
44 enforce, any provision of this article, the land use plan adopted by the
45 commission, any regulation promulgated by the commission, or the terms
46 or conditions of any order, permit, or determination issued by the
47 commission pursuant to this article. The court in which the action or
48 proceeding is brought may order the person responsible for the violation
49 to take such affirmative measures as are necessary to correct or remedi-
50 ate the violation. Such an action or proceeding may also seek restitu-
51 tion for any such violation.
52 § 3. Severability. If any clause, sentence, paragraph, subdivision,
53 section or part of this act shall be adjudged by any court of competent
54 jurisdiction to be invalid, such judgment shall not affect, impair, or
55 invalidate the remainder thereof, but shall be confined in its operation
56 to the clause, sentence, paragraph, subdivision, section or part thereof

 

1 directly involved in the controversy in which such judgment shall have

2 been rendered. It is hereby declared to be the intent of the legislature
3 that this act would have been enacted even if such invalid provisions
4 had not been included herein.
5 § 4. This act shall take effect immediately. 
SPONSORS MEMO:
NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1

BILL NUMBER: S4784A

SPONSOR: LAVALLE
 

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to penalties and enforcement of violations of provisions of law
relating to the Long Island Pine Barrens maritime reserve
 

PURPOSE:  To provide penalties and enforcement for violations of
provisions of law relating to the Long Island Pine Barrens maritime
reserve.
 

SUMMARY OF PROVISIONS:  Section 1. Amends paragraph (c) of subdivision
3 of section 57-0123 of the environmental conservation law

Section 2. Amends the environmental conservation law by adding a new
section 57-0136 entitled "Penalties and enforcement".

1.Violations

(a)All rights and remedies provided for in this section are in addition
to all rights and remedies available to the villages and towns located
within the "Central Pine Barrens Area". All rights and remedies provided
for in this section are in addition to all of the rights and remedies
available to the attorney general as provided for in state law.

(b)Where there is a violation of village or town law with respect to
land use within the Central Pine Barrens, the village or town shall have
the right to enforce such violation in the first instance. If the
village or town fails to enforce within 60 days, the commission or the
attorney general may institute an enforcement action thereafter.

(c)Where there is a violation of this article, the land use plan adopted
by the commission, any regulation promulgated by the commission or any
order, determination or permit condition issued by the commission, there
shall be independent jurisdiction among the village or town in which the
violation occurred or is occurring. The commission or the attorney
general at the request of the commission or upon his own initiative
shall also have independent jurisdiction to investigate and prosecute
such violation. However, the party initiating such prosecution shall
consult with the other governmental entities named in this section
before initiating such an action.

(d)Where an enforcement action is jointly pursued by the applicable
village or town and the commission or the attorney general, any penal-
ties or fines collected shall be deposited with the applicable village
or town to be used for acquisition of real property, enhancement, resto-
ration, or protection of resources and ecosystems within the Central
Pine Barrens.

2.Civil Penalties

(a)"Core Preservation Area" $25,000 for each violation and an additional
penalty of $1,000 for each day such violation continues.

(b)"Compatible Growth Area" $10,000 for each violation and an additional
penalty of $1,000 for each day such violation continues.

3.Criminal penalties.

(a)"Core Preservation Area" guilty of a misdemeanor punishable by a fine
of not more than $25,000 for each violation and an additional penalty of
$1,000 for each day such violation continues.

(b)"Compatible Growth Area" guilty of a misdemeanor punishable by a fine
of not more than $10,000 for each violation and an additional penalty of
$1,000 for each day such violation continues.

4. Additional remedies.

JUSTIFICATION:  This legislation emphasizes the importance of the
local villages and towns in overseeing the enforcement within the
Central Pine Barrens by giving the village or town where such violation
is occurring the right to enforce village or town code in the first
instance.  Furthermore, in the event the commission or the attorney
general at the request of the commission or upon his or her own initi-
ative does step in to enforce, the applicable town or village will have
the opportunity to consult with such governmental entity before such
prosecution is initiated.

The Central Pine Barrens Joint Planning and Policy Commission is a
regional land use body created by state law responsible for the 100,000
acre Central Pine Barrens preserve located in Suffolk County.  The
Commission is composed of five members: the Suffolk County Executive,
the Supervisors of the Towns of Brookhaven, Riverhead, and Southampton,
and a representative of the Governor. Under the Long Island Pine Barrens
Protection Act of 1993 (Article 57 of the Environmental Conservation
Law), the Commission adopted a land use plan for the Central Pine
Barrens that provides for the preservation of 50,000 acre Core Preserva-
tion Area and regulated development within the 50,000 acre Compatible
Growth Area. When development activity does take place within the
preserve in violation of Article 57, the rules and regulations, orders,
permits or the plan, the Commission should have the authority to enforce
the requirements, and this legislation would provide the Commission and
the Attorney General with the needed authority.

LEGISLATIVE HISTORY:  2001-02, S.7683 / A. 11744: Passed Both Houses

FISCAL IMPLICATIONS:  To be determined.

EFFECTIVE DATE:  This act shall take effect immediately.